1991L0496 — EN — 30.06.1995 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of15July1991
laying down the principles governing the organization of veterinary checks on animals entering
the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/
675/EEC
(91/496/EEC)
(OJ L 268, 24.9.1991, p. 56)
Amended by:
Official Journal
No page date
►M1Council Decision 92/438/EEC of 13 July 1992 L 243 27 25.8.1992
►M2Council Directive 91/628/EEC of 19 November 1991 L 340 17 11.12.1991
►M3amended by Council Directive 95/29/EC of 29 June 1995 L 148 52 30.6.1995
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of15July1991
layingdowntheprinciplesgoverningtheorganizationofveterinary
checks on animals entering the Community from third countriesandamendingDirectives89/662/EEC,90/425/EECand90/675/EEC
(91/496/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas live animals are included in the list in Annex II to the Treaty;Whereas laying down principles at Community level on the organiza-
tion of veterinary checks on animals coming from third countrieshelps to safeguard supplies and ensure market stability while alsoharmonizing the measures necessary to ensure the protection of animal
health;
Whereas Article 23 of Council Directive 90/425/EEC of 26 June 1990
concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products witha view tothe completion of the internal market(
3) provides, in particular, that
the Council must lay down the rules and general principles applicable
to checks on imports from third countries of animals covered by the
said Directive;
Whereas each consignment of animals from third countries must be
subjected to documentary and identity checks upon entry into the terri-tory of the Community;
Whereas principles valid throughout the Community should be fixed
concerning the organization and follow-up of physical checks to be
carried out by the competent veterinary authorities;
Whereas provision must be made for safeguard arrangements; whereas,
in this context, the Commission must be able to act, particularly byvisiting the places concerned and adopting measures appropriate to thecircumstances;
Whereas, if the checking system is to function smoothly there must be
an approval procedure and border inspection posts must be inspected
and there should by exchanges of officials empowered to carry outchecks on live animals coming from third countries;
Whereas the laying down of common principles at Community level is
all the more necessary given that, with the completion of the internalmarket in prospect, internal border controls are to be abolished;
Whereas Directives 89/662/EEC(
4), 90/425/EEC, and 90/675/EEC
should be amended in order to adapt them to this Directive;
Whereas the provision of certain transitional measures of limited dura-
tion appears to be necessary in order to facilitate the transition to thenew checking arrangements instituted by this Directive;
Whereas the task of adopting measures for the application of this
Directive should be entrusted to the Commission,1991L0496 — EN — 30.06.1995 — 004.001 — 2
(1) OJ No C 89, 6. 4. 1991, p. 5.
(2) OJ No C 183, 15. 7. 1991.
(3) OJ No L 224, 18. 8. 1990, p. 29. Directive amended by Directive 91/174/
EEC (OJ No L 85, 5. 4. 1991, p. 37).
(4) OJ No L 395, 30. 12. 1989, p. 13.
▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Veterinary checks in respect of animals from third countries
entering the Community shall be carried out by the Member States in
accordance withth is Directive.
2. This Directive shall not apply to veterinary checks on family pets
accompanying travellers for non-commercial purposes, other thanequidae.
Article 2
1. For the purposes of this Directive, the definitions contained in
Article 2 of Directive 90/425/EEC shall apply as necessary.
2. In addition:
(a) ‘documentary check’ shall mean verification of the veterinary certi-
ficates or documents accompanying an animal;
(b) ‘identity check’ shall mean verification, by visual inspection only,
for consistency between the documents or certificates and the
animals and for the presence and conformity of the marks which
must appear on the animals;
(c) ‘physical check’ shall mean a check of the animal itself, possibly
including sampling and laboratory testing and, where appropriate,
additional checks during quarantine;
(d) ‘importer’ shall mean any natural or legal person who presents
animals for importation into the Community;
(e) ‘consignment’ shall mean a quantity of animals of the same
species, covered by the same veterinary certificate or document,
conveyed by the same means of transport and coming from the
same third country or same part of such country;
(f) ‘border inspection post’ shall mean any inspection post located in
the immediate vicinity of the external border of one of the terri-
tories referred to in Annex I to Council Directive 90/675/EEC of
10 December 1990 laying down the principles governing the orga-nization of veterinary checks on products entering the Communityfrom third countries(
1) and designated and approved in accordance
withArticle 6.
CHAPTER I
Organizationandfollow-upofchecks
Article 3
1. Member States shall ensure that:
(a) importers are obliged to give one working day's notice to the veter-
inary staff of the border inspection post where the animals are to bepresented specifying the number, nature and estimated time ofarrival of the animals;
(b) the animals are conveyed directly, under official supervision, to the
border inspection post referred to in Article 6 or, where applicable,to a quarantine centre as provided for in the second indent of thefirst subparagraphof Article 10 (1);
(c) the animals may not leave such post or centre unless, without
prejudice to the special provisions to be adopted in accordancewith the procedure provided for in Article 23, proof has beensupplied:
(i) in the form of the certificate provided for in the second indent
of Article 7 (1) or in Article 8, that the veterinary checks havebeen carried out on the animals in question in accordance with1991L0496 — EN — 30.06.1995 — 004.001 — 3
(1) OJ No L 373, 31. 12. 1990, p. 1.
▼B
Article 4 (1) and (2) (a), (b) and (d) and Articles 8 and 9 to the
satisfaction of the competent authority;
(ii) that the veterinary checks have been paid for, and that, where
relevant, a deposit covering any cost provided for in the second
and third indents of Article 10 (1), Article 10 (6) and Article12 (2) has been lodged;
(d) the customs authority does not authorize release for free circulation
in the territories referred to in Annex I to Directive 90/675/EECunless, without prejudice to the specific provisions to be adoptedin accordance withth e procedure laid down in Article 23, proofhas been supplied that the requirements in (c) have been fulfilled.
2. Detailed rules for implementing this Article shall be adopted, as
the need arises, in accordance with the procedure laid down in Article
23.
Article 4
1. Member States shall ensure that, irrespective of the customs desti-
nation of the animals, each consignment of animals from a third
country is subjected by the veterinary authority to a documentary check
and identity check at one of the border inspection posts situated in oneof the territories referred to in Annex I to Directive 90/675/EEC andapproved for that purpose, in order to verify:
— their origin,
— their subsequent destination, particularly in the case of transit or in
the case of animals, trade in which has not been harmonized atCommunity level or which are subject to specific requirementsrecognized by a Community decision in respect of the MemberState of destination,
— that the particulars which appear on the certificates or documents
afford the guarantees required by Community rules or, in the case
of animals, trade in which has not been harmonized at Communitylevel, the guarantees required under the national rules applicable inthe various cases covered by this Directive,
— that no indication of rejection of the consignment has been given
through the procedure specified in the first indent of Article 1 ofCouncil Decision 92/438/EEC of 13 July 1992 on computerization
of veterinary import procedures (Shift project)(
1).
2. Without prejudice to the exemptions pursuant to Article 8, the
official veterinarian must carry out a physical check on animalspresented at the border inspection post. That check must include, inparticular:
(a) a clinical examination of the animals in order to ensure that they
conform to the information provided in the accompanying certifi-cate or document and that they are clinically healthy.
In accordance withth e procedure laid down in Article 23, deroga-
tion may be made, subject to certain conditions and in accordancewith rules to be established under the same procedure, from theprinciple of individual clinical examination in respect of certaincategories and species of animals;
(b) any laboratory tests which it is thought necessary should be carried
out or which are provided for by Community rules;
(c) possible official samples to be examined for residues and analysed
as soon as possible;
(d) verification of compliance withth e minimum requirements laid
down by Council Directive 77/489/EEC of 18 July 1977 on theprotection of animals during international transport(
2).1991L0496 — EN — 30.06.1995 — 004.001 — 4
(1) OJ No L 243, 25. 8. 1992, p. 27.
(2) OJ No L 200, 8. 8. 1977, p. 10.▼M1
▼B
▼B
For the purposes of a subsequent check on transport and, where
appropriate, on compliance with the additional requirements of theholding of destination, the official veterinarian shall communicate
the necessary information to the competent authorities of the
Member State of destination by means of the information exchangesystem provided for in Article 20 of Directive 90/425/EEC.
The official veterinarian may be assisted in certain of these tasks
by qualified staff withspecial training, working under h is direction.
The check must be made after reference to the data bases specified in
the second indent of Article 1 of Decision 92/438/EEC.
3. However, by way of derogation from paragraphs 1 and 2, for
animals entering a port or an airport in the territory defined in Annex
I to Directive 90/675/EEC, the identity check and the physical check
may be carried out at suchport or airport of destination, provided th atsuchport or airport h as a border inspection post as referred to inArticle 6, and that the animals continue their journey, as the case maybe, by sea or by air in the same vessel or in the same aircraft. In suchcases, the competent authority which carried out the documentary
check shall, either directly or through the local veterinary authority,
inform the official veterinarian of the inspection post of the MemberState of destination by means of the information exchange systemreferred to in Article 20 of Directive 90/425/EEC that the animalshave passed through.
4. All expenditure incurred by the application of this Article shall be
chargeable to the consignor, the consignee or their agent, without reim-bursement by the Member State.
5. The detailed rules for applying this Article, including those
relating to the training and qualification of assistants, shall be adopted,
as the need arises, in accordance with the procedure laid down in
Article 23.
Article 5
Entry into one of the territories defined in Annex I to Directive 90/675/
EEC shall be prohibited where the checks show that:
(a) animals of species in respect of which import rules have been
harmonized at Community level come, without prejudice to the
special conditions provided for in Article 19 of Directive 90/426/EEC(
1) as concerns the movement and import of equidaecoming
from third countries, from a territory or part of a territory of a thirdcountry not included in the lists drawn up in accordance withCommunity rules for the species concerned or from which imports
are prohibited pursuant to a Community decision;
(b) animals other than those referred to in (a) do not comply with the
requirements provided for in the national rules corresponding to the
various cases covered by this Directive;
(c) animals are suffering from or are suspected to be suffering from or
infected by a contagious disease or a disease presenting a risk for
public health or animal health, or any other reason provided for in
Community rules;
(d) the exporting third country has not complied with the requirements
provided for in Community rules;
(e) animals are not in a fit state to continue their journey;
(f) the veterinary certificate or document accompanying animals does
not meet the conditions set pursuant to Community rules or, whererules have not been harmonized, the requirements provided for inthe national rules corresponding to the various cases covered bythis Directive.1991L0496 — EN — 30.06.1995 — 004.001 — 5
(1) OJ No L 224, 18. 8. 1990, p. 42.▼M1
▼B
▼B
The detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure laid down in Article 23.
Article 6
1. Border inspection posts must satisfy the requirements of this
Article.
2. Border inspection posts must be:
(a) located at the point of entry into one of the territories referred to in
Annex I to Directive 90/675/EEC;
However, where necessitated by geographical constraints (such as
unloading wharf, railway station, passes) and provided that in such
a case the inspection post is located far from holdings or places
where animals likely to be infected by contagious diseases arekept, siting of an inspection post at a certain distance from thepoint of entry may be tolerated;
(b) located in a customs area enabling other administrative formalities
to be carried out, including customs formalities relating to importa-
tion;
(c) designated and approved in accordance withparagraph3;
(d) placed under the authority of an official veterinarian, who shall be
effectively responsible for the checks. The official veterinarian maybe assisted by specially trained auxiliary staff working under hisdirection. ►
M1The official veterinarian shall ensure that all
updating of the data bases indicated in the third indent in Article
1 of Decision 92/438/EEC is carried out. ◄
3. Before 1 January 1992, and once border posts have been short-
listed by national authorities, acting in conjunction with the
Commission departments which will verify their compliance with the
minimum requirements set out in Annex A, Member States shallsubmit to the Commission the list of border inspection posts respon-sible for carrying out veterinary checks on animals, and shall providethe following information:
(a) nature of the border inspection post:
— port,
— airport,
— road checkpoint,
— rail checkpoint;
(b) nature of the animals which could be checked at the border inspec-
tion post in question given the equipment and veterinary staff
available, indicating any animals that cannot be checked at those
border inspection posts and for registered equidae the operatinghours of a specially approved border inspection post;
(c) staff assigned to veterinary checks:
— number of official veterinarians withat least one official veter-
inarian on duty at all times that the border inspection post isopen,
— number of specially qualified auxiliary staff or assistants;
(d) description of the equipment and premises available for carrying
out:
— the documentary check,
— the physical check,
— sampling,
— the general tests laid down in Article 4 (2) (b),
— the specific tests ordered by the official veterinarian;
(e) capacity of the premises available to house animals where neces-
sary pending the test results;
(f) nature of the equipment allowing a rapid exchange of information,
particularly withoth er border inspection posts;1991L0496 — EN — 30.06.1995 — 004.001 — 6
▼B
(g) volume of trade (types and quantities of animals passing through
this border inspection post).
4. Acting in conjunction with the competent national authorities, the
Commission shall inspect the border inspection posts designated inaccordance with paragraph 3 in order to satisfy itself that there isuniform application of the rules on veterinary checks and that thevarious border inspection posts in fact possess the necessary infrastruc-
tures and meet the minimum requirements laid down in Annex A.
Before 1 January 1992, the Commission shall submit to the Standing
Veterinary Committee a report on the outcome of the inspectionreferred to in the first subparagraph, together with proposals takinginto account the conclusions of the report, with a view to establishing
a Community list of border inspection posts. That list shall be approved
and subsequently updated in accordance withth e procedure laid downin Article 22.
The abovementioned report shall cover any problems that would be
encountered by certain Member States if the shortlisting referred to in
the first subparagraph of paragraph 3 were to result in a large numberof border inspection posts being excluded at 1 July 1992.
To take account of any suchproblem, some of th e border inspection
posts may be kept in operation and granted a maximum of three years
to comply with the requirements of this Directive as regards equipment
and structures.
The Commission shall publish the list of approved border inspection
posts, and any subsequent updates, in the Official Journal of the
European Communities .
5. As the need arises, the Commission shall adopt any detailed rules
required for implementing this Article in accordance with the proce-dure laid down in Article 23.
Article 7
1. Where animals of species for which import rules have been
harmonized at Community level are not to be placed on the market inthe territory of the Member State which carried out the checks referredto in Article 4, the official veterinarian of the border inspection post
shall, without prejudice to the specific requirements applicable to
equidaeregistered and accompanied by the identification document
provided for by Directive 90/427/EEC(
1):
— provide the person concerned with a copy or, if the consignment of
animals is split, several individually authenticated copies of theoriginal certificates relating to the animals; the period of validityof such copies shall be no more than 10 days,
— issue a certificate which matches the model to be drawn up by the
Commission in accordance withth e procedure laid down in Article
23 attesting that the checks referred to in Articles 4 (1) and (2) (a),(b) and (d) have been carried out to the satisfaction of the officialveterinarian, and specifying the nature of the samples that havebeen taken and the results of any laboratory tests, or when thoseresults are expected,
— keep the original certificate or certificates accompanying the
animals.
2. Detailed rules for the application of paragraph 1 shall be adopted
in accordance withth e procedure laid down in Article 23.
3. Once animals have passed through border inspection posts trade
in the animals referred to in paragraph 1 and allowed into the territoriesreferred to in Annex I to Directive 90/675/EEC shall be conducted inaccordance with the rules for veterinary checks laid down in Directive90/425/EEC.1991L0496 — EN — 30.06.1995 — 004.001 — 7
(1) OJ No L 224, 18. 8. 1990, p. 55.
▼B
In particular, the information from the competent authority of the place
of destination given by means of the information exchange systemprovided for in Article 20 of Directive 90/425/EEC, must specify
whether:
— animals are intended for a Member State or an area having specific
requirements,
— samples have been taken but the results are not known when the
means of transport leaves the border inspection post.
Article 8
A. Member States shall ensure that:
1. veterinary checks on imports of animals of species not covered
by Annex A to Directive 90/425/EEC are carried out in accor-dance withth e following provisions:
(a) where animals are presented directly at one of the border
posts of the Member State which intends to import them,they shall undergo at that post all the checks provided for
in Article 4;
(b) where animals are presented at a border inspection post situ-
ated in another Member State, with the latter's prioragreement:
(i) either all the checks referred to in Article 4 shall be
carried out at that post on behalf of the Member Stateof destination in order, in particular, to ensure that thelatter's animal health requirements have been compliedwith;
(ii) or, in the event of agreement between the competent
central authorities of the two Member States and, whereappropriate, those of the Member State or Member States
of transit, only the checks provided for in Article 4 (1)
shall be carried out at that post, in which case the checksprovided for in Article 4 (2) shall be carried out in theMember State of destination.
In the latter case, however, animals may leave the border
inspection post where the documentary check and identitycheck have been carried out only in sealed vehicles andonly after the official veterinarian:
— has indicated on the copy, or, where the consignment is
split, on the copies, of the original certificates that the
animals have passed through and that the check hasbeen carried out,
— has informed, by means of the information exchange
system provided for in Article 20 of Directive 90/425/EEC, the veterinary authority of the place of destinationor, where appropriate, of the Member State or MemberStates of transit, that the animals have passed through,
— notwithstanding Article 3 (1) (c), has given a discharge to
the competent customs authority of the border inspectionpost in respect of the animals presented.
In the case of animals intended for slaughter, Member States
may have recourse only to the solution set out in (i).
Member States shall inform the Commission and the repre-
sentatives of the other Member States meeting in the
Standing Veterinary Committee, of cases of recourse to thesolution set out in (ii);
2. pending adoption of the specific decisions provided for under
Community rules, animals the trade in which has been harmo-
nized at Community level but which come from a third country
for which uniform animal health conditions have not yet beenestablished shall be imported subject to the following conditions:
— they must have remained in the third country of dispatch at
least during the periods provided for in Article 10 (1) of1991L0496 — EN — 30.06.1995 — 004.001 — 8
▼B
Council Directive 72/462/EEC of 12 December 1972 on
health and veterinary inspection problems upon importationof bovine, ovine and caprine animals and swine, freshmeat
or meat products from third countries(
1),
— they must undergo the checks provided for in Article 4,
— they may not leave the border inspection post or the quaran-
tine centre unless such checks show that the animal orconsignment of animals:
(i) either, without prejudice to specific requirements applic-
able to the third countries concerned in respect ofdiseases foreign to the Community, complies with the
animal health requirements applicable in trade in the
species concerned as laid down in the Directives referredto in Annex A to Directive 90/425/EEC or withth eanimal health requirements laid down in Directive 72/462/EEC;
(ii) or, in respect of one or more specific diseases, fulfils the
conditions of equivalence recognized, in accordance withthe procedure laid down in Article 23, on the basis ofreciprocity, between the requirements of the third country
and those of the Community;
— if they are intended for a Member State benefiting from the
additional guarantees provided for in Article 3 (1) (e) (iii)and (iv) of Directive 90/425/EEC, they must satisfy the rele-
vant requirements laid down in respect of intra-Community
trade.
— after they have passed through the border inspection post,
they must, in the case of animals for slaughter, be conveyed
to the slaughterhouse of destination, or, in the case of
animals for breeding and production or aquaculture animals,be conveyed to the holding of destination;
3. if the checks provided for in points 1 and 2 show that the animal
or the consignment of animals does not comply with the require-ments laid down therein, the animal or consignment may not
leave the border inspection post or quarantine centre and Article
12 shall be applicable;
4. where the animals referred to in point 1 are not intended to be
placed on the market in the territory of the Member State whichhas carried out the veterinary checks, the provisions of Article 7,and in particular those relating to the issue of the certificate,
shall apply;
5. at the place of destination, animals for breeding and prodution
shall remain under the official supervision of the competentveterinary authorities. After an observation period to be deter-mined in accordance withth e procedure laid down in Article23, the animals may enter intra-Community trade under the
conditions laid down in Directive 90/425/EEC.
Animals for slaughter shall be subject, in the slaughterhouse of
destination, to the Community rules relating to the slaughter ofthe species concerned.
B. Detailed rules for the application of this Article shall be adopted, as
the need arises, in accordance with the procedure laid down inArticle 23.
Article 9
1. Member States shall authorize the transit of animals from one
third country to another third country provided that:
(a) such transit has been previously authorized by the official veteri-
narian of the border inspection post of the Member State in theterritory of which the animals must be presented in order to1991L0496 — EN — 30.06.1995 — 004.001 — 9
(1) OJ No L 302, 31. 12. 1972, p. 28. Directive last amended by Directive 91/
266/EEC (OJ No L 134, 29. 5. 1991, p. 45).
▼B
undergo there the checks provided for in Article 4 and, where
appropriate, by the competent central authority of the MemberState or Member States of transit;
(b) the party concerned supplies proof that the first third country to
which the animals are being sent, after transit through one of theterritories referred to in Annex I to Directive 90/675/EEC, under-takes under no circumstances to reject or to send back the
animals, the importation or transit of which it has authorized and
undertakes to comply, in the territories referred to in Annex I toDirective 90/675/EEC, withCommunity rules on protection duringtransport;
(c) the check referred to in Article 4 shows to the satisfaction of the
veterinarian, if applicable after the animals have passed through a
quarantine centre, that the animals fulfil the requirements of thisDirective or, in the case of animals referred to in Annex A toDirective 90/425/EEC, afford health guarantees recognized inaccordance withth e procedure laid down in Article 23 as being atleast equivalent to those requirements;
(d) the competent authority of the border inspection post notifies the
fact that the animals have passed through to the competent authori-ties of the Member State or Member Statess of transit and of theborder post of exit, by means of the information exchange system
►
M1referred to in Article 20 of Directive 90/425/EEC ◄;
(e) in the case of passage through one of the territories referred to in
Annex I to Directive 90/675/EEC, suchtransit is carried out underthe Community transit procedure (external transit) or under anyother customs transit procedure provided for in Community rules;
the only handling authorized during transit shall be that carried
out at the point of entry into or exit from one of the territoriesreferred to in Annex I and operations to ensure the animals'welfare.
2. All expenditure incurred pursuant to this Article shall be charge-
able to the consignor, the consignee or their representative withoutcompensation by the Member State.
Article 10
1. In cases where Community rules or the national rules of the place
of destination, in areas which have not been harmonized and in compli-ance with the general rules of the Treaty, provide for live animals to be
placed in quarantine or isolation, suchquarantine or isolation may take
place:
— for disease other than foot-and-mouth disease, rabies and Newcastle
disease, at a quarantine centre situated in the third country oforigin, provided that it has been approved by the procedure laid
down in Article 22 and is regularly inspected by the Commission's
veterinary experts,
— at a quarantine centre situated within Community territory which
meets the requirements laid down in Annex B,
— on the holding of destination.
Special safeguards to be complied withduring transport between th e
quarantine centre farms of origin and of destination and border inspec-
tion posts and in the quarantine centres referred to in the first indent ofthe preceding subparagraph may be laid down in accordance with theprocedure provided for in Article 23.
2. If the official veterinarian responsible for the border inspection
post orders placing in quarantine, that quarantine must take place,depending on the hazard diagnosed by the official veterinarian:
— either at the border inspection post itself or in its immediate vici-
nity,
— or on the holding of destination,
— or at a quarantine centre situated in the vicinity of the holding of
destination.1991L0496 — EN — 30.06.1995 — 004.001 — 10
▼B
3. The general conditions to be fulfilled for the quarantine centres
referred to in the first and second indents of paragraph 1 are laiddown in Annex B.
The special approval conditions applicable to the different animal
species shall be adopted in accordance with the procedure laid down
in Article 23.
4. The procedure laid down in Article 22 must be followed for the
approval and subsequent updating of the list of quarantine centresreferred to in the first and second indents of paragraph 1 and the firstindent of paragraph 2. Quarantine centres shall be subject to the inspec-
tion provided for in Article 19.
The Commission shall publish the list of quarantine centres and any
subsequent updates in the Official Journal of the European Commu-
nities.
5. The second subparagraph of paragraph 1 and paragraphs 3 and 4
shall not apply to quarantine centres which are solely for the animalsreferred to in Article 8 (A) (1).
6. All expenditure incurred pursuant to this Article shall be charge-
able to the consignor, the consignee or their representative without
compensation by the Member State.
7. Before 1 January 1996, the Commission shall submit to the
Council a report, possibly accompanied by proposals, on the need forCommunity quarantine centres and financial assistance from theCommunity for their operation.
Article 11
1. Without prejudice to the remaining provisions of this Chapter, the
official veterinarian or the competent authority shall, where it issuspected that veterinary legislation has not been complied with or
there is doubt as to the identity of an animal, carry out any veterinary
checks he or it deems appropriate.
2. Member States shall take the appropriate administrative or penal
measures to penalize any infringement of veterinary legislation bynatural or legal persons where it is found that Community rules havebeen infringed, in particular where it is found that the certificates ordocuments drawn up do not correspond to the actual state of the
animals, that identification marks do not comply with those rules or
that the animals were not presented for inspection at a border post orthat the animals have not been sent to the destination originallyintended.
Article 12
1. Where the checks referred to in this Directive show that an
animal does not satisfy the requirements laid down in Community rulesor, on matters not yet harmonized, in national rules, or where such
checks reveal an irregularity, the competent authority, after consulta-
tion with the importer or his representative, shall decide either:
(a) to shelter, feed and water and, if necessary, treat the animals; or
(b) as the case may be, to place them in quarantine or to isolate the
consignment;
(c) to re-dispatch, within a time limit to be set by the competent
national authority, the consignment of animals outside the terri-tories referred to in Annex I to Directive 90/675/EEC whereanimal health or animal welfare requirements so allow.
In this case, the official veterinarian of the border inspection post
must:
— activate the information procedure provided for in the first
indent of Article 1 of Decision 92/438/EEC,1991L0496 — EN — 30.06.1995 — 004.001 — 11
▼M1
▼B
— under arrangements to be defined in accordance withth e proce-
dure laid down in Article 23, cancel the veterinary certificate ordocument accompanying the rejected consignment.
If re-dispatchis impossible, in particular for reasons of th e welfareof the animals, the official veterinarian:
— may, after agreement by the competent authority and after ante-
mortem inspection, authorize slaughter of the animals forhuman consumption under the condition laid down by Commu-nity rules,
— must, otherwise, order slaughter of the animals for purposes
other than human consumption or order deduction of thecarcases, specifying the conditions regarding control of the useof the products obtained.
The competent central authority shall inform the Commission of
cases where recourse is had to these derogations in accordance
withparagraph4.
The Commission shall keep the Standing Veterinary Committee
regularly informed of suchcases.
2. The importer or his representative shall be liable for the costs
incurred in the measures provided for in paragraph 1, the process of
destroying the consignment or using the meat for other purposes.
The yield of the sale of the products referred to in the third subpara-
graph of paragraph 1 (c) must revert to the owner of the animals orhis representative, after deduction of the above costs.
3. Detailed rules for the application of this Article shall be adopted,
as the need arises, in accordance with the procedure laid down inArticle 23.
4. The provisions of Decision 92/438/EEC shall apply.
5. The competent authorities shall, where appropriate, communicate
any information at their disposal in accordance with Council Directive89/608/EEC of 21 November 1989 on mutual assistance between the
administrative authorities of the Member States and cooperation
between the latter and the Commission to ensure the correct applicationof legislation on veterinary and zootechnical matters(
1).
Article 13
In accordance with the procedure laid down in Article 23, the Commis-
sion shall, on the basis of the plans referred to in the second
subparagraph, adopt the rules applicable to imports of animals for
slaughter intended for local consumption and of breeding or productionanimals in certain parts of the territories referred to in Annex I toDirective 90/675/EEC to take account of the natural constraints specificto these territories, including their remoteness from the mainland partof Community territory.
To that end, by 31 December 1991 at the latest, Member States shall
submit a plan to the Commission setting out the procedures forcarrying out checks on imports, into the regions referred to in the first
subparagraph, of animals from third countries. These plans must
specify the checks carried out to prevent animals introduced into theterritories concerned or products obtained from those animals beingdispatched under any circumstances to other parts of Community terri-tory.1991L0496 — EN — 30.06.1995 — 004.001 — 12
(1) OJ No L 351, 2. 12. 1989, p. 34.▼M1
▼B
▼M1
▼B
▼B
Article 14
For the purposes of carrying out the checks referred to in Article 7 (3)
of this Directive, the identification and registration provided for inArticle 3 (1) (c) of Directive 90/425/EEC must, except in the case ofanimals for slaughter and registered equidae, be carried out at the placeof destination of the animals, where appropriate after the observationperiod provided for in Article 8A (5) of this Directive.
The procedures for identifying or marking animals for slaughter shall
be determined according to the procedure provided for in Article 23.
Article 15
1. Member States shall collect a health fee when the animals
referred to in this Directive are imported to cover the costs occasionedby health inspections and checks, as provided for in Articles 4, 5, and8.
2. The Council, acting by a qualified majority on a proposal from
the Commission shall, before 1 July 1992, take a decision on the level
or levels of the fees referred to in paragraph 1 and on the detailed rulesand principles for the implementation of this Directive, and on possibleexceptions.
Article 16
Under the procedure provided for in Article 23 and on a reciprocal
basis, less frequent identity checks and/or physical checks may, withoutprejudice to controls to see that the welfare requirements during trans-port are being complied with, be applied under certain conditions, andin particular in the light of the results of checks carried out prior to the
adoption of this Directive.
The Commission shall take into account the following criteria for
granting derogations of this nature:
(a) the guarantees offered by the third country in question with respect
to compliance withCommunity requirements, particularly th ose ofDirectives 72/462/EEC and 90/426/EEC;
(b) the health situation of animals in the third country concerned;
(c) information on the health situation in the third country;
(d) nature of the measures to monitor and to combat disease applied by
the third country;
(e) structures and powers of the veterinary service;
(f) rules on the authorization of certain substances and compliance
withth e requirements set out in Article 7 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of
animals and freshmeat for th e presence of residues(
1);
(g) outcome of the Community inspection visits;
(h) outcome of the import controls carried out.
Article 17
Rights of appeal existing under the laws in force in the Member States
against decisions by the competent authorities shall not be affected bythis Directive.
Decisions taken by the competent authority of the Member State of
destination and the reasons for such decision shall be notified to the
importer concerned by suchdecisions or h is representative.
If the importer concerned or his representative so requests, the said
decisions and reasons shall be forwarded to him in writing with detailsof the rights of appeal which are available to him under the law in1991L0496 — EN — 30.06.1995 — 004.001 — 13
(1) OJ No L 275, 26. 9. 1986, p. 36.
▼B
force in the Member State in which the frontier inspection post is situ-
ated, and of the procedure and time limits applicable.
Article 17a
Austria and Finland shall have a period of three years from the date of
entry into force of theAccession Treaty to introduce the checking
system provided for in this Chapter. During that transitional period,
Austria and Finland shall apply the measures which will be determinedbefore the date of entry into force of the Accession Treaty in accor-dance with the procedure laid down in Article 23. These measuresmust ensure that all the necessary checks are carried out as close as
possible to the Community's external frontier.
CHAPTER II
Safeguardprovisions
Article 18
1. If a disease referred to in Council Directive 82/894/EEC of 21
December 1982 on the notification of animal diseases within theCommunity(
1), a zoonosis or other disease or phenomenon liable to
present a serious threat to animal or human health occurs or spreadsin the territory of a third country, or if any other serious animal health
reason so warrants, in particular in the light of the findings of its veter-
inary experts, the Commission may, acting on its own initiative or atthe request of a Member State, adopt one of the following measureswithout delay and depending on the gravity of the situation:
— suspend imports coming from all or part of the third country
concerned, and where appropriate from the third country of transit,
— set special conditions in respect of animals coming from all or part
of the third country concerned.
2. If one of the checks provided for in this Directive indicates that a
consignment of animals is likely to constitute a danger for animal orhuman health, the competent veterinary authority shall immediatelytake the following measures:
— it shall seize and destroy the consignment,
— it shall immediately inform the other border inspection posts and
the Commission of the findings and of the origin of the animals,
in accordance withArticle 12 (4).
3. In the case provided for in paragraph 1, the Commission may take
interim protective measures in respect of animals covered by Article 9.
4. Representatives of the Commission may make an immediate visit
to the third country concerned.
5. In the case where a Member State informs the Commission offi-
cially of the need to take safeguard measures and the Commission hasnot invoked paragraphs 1 and 3 or made a referral to the StandingVeterinary Committee in accordance withparagraph6, th at Member
State may take interim protective measures in respect of the animals
in question.
Where a Member State takes interim protective measures in respect of
a third country under the terms of this paragraph, it shall inform theother Member States and the Commission in accordance with Article12 (5).
6. Within 10 working days, the Standing Veterinary Committee shall
have the matter referred to it, pursuant to the terms of Article 22, with
a view to the extension, amendment or repeal of the measures providedfor in paragraphs 1, 3 and 5.1991L0496 — EN — 30.06.1995 — 004.001 — 14
(1) OJ No L 378, 31. 12. 1982, p. 58. Directive as last amended by Decision 90/
134/EEC (OJ No L 76, 22. 3. 1990, p. 23).▼A1
▼B
▼B
7. Decisions to extend, amend or repeal measures decided on
pursuant to paragraphs 1, 2, 3 and 6 shall be taken in accordance withthe procedure laid down in Article 22.
8. Detailed rules for the application of this Chapter shall be adopted,
where the need arises, in accordance with the procedure laid down inArticle 23.
CHAPTER III
Inspection
Article 19
1. Veterinary experts from the Commission may, in conjunction
with the competent national authorities and to the extent necessary for
uniform application of the requirements of this Directive, verify that
the border inspection posts approved in accordance with Article 6 andthe quarantine centres approved in accordance with Article 10 satisfythe criteria listed respectively in Annexes A and B.
2. Veterinary experts from the Commission may, in conjunction
with the competent authorities, make on-the-spot checks.
3. A Member State in whose territory an inspection is made shall
provide the veterinary experts from the Commission with any assis-tance they may require in the performance of their tasks.
4. The Commission shall inform the Member States of the outcome
of the checks.
5. Where the Commission deems that the outcome of checks so
justifies, it shall review the situation within the Standing Veterinary
Committee. It may adopt the necessary decisions in accordance with
the procedure laid down in Article 22.
6. The Commission shall monitor developments; in the light of such
developments and in accordance withth e procedure laid down inArticle 22, it may amend or repeal the decisions referred to in para-graph5.
7. Detailed rules for the application of this Article shall be adopted,
where the need arises, in accordance with the procedure laid down in
Article 23.
Article 20
Where, on the basis of the checks carried out at the point where the
animals are marketed, a competent authority of a Member Stateconsiders that this Directive is not being complied with at a borderinspection post of another Member State, it shall contact the competent
national authority of that Member State without delay.
The latter shall take all the necessary measures and inform the compe-
tent authority of the first Member State of the nature of the checksmade, the decision taken and the reasons for such decisions.
If the competent authority of the first Member State believes the
measures are insufficient it shall examine, with the competent authorityof the Member State in question, the ways and means in which the
situation could be remedied, where necessary by visiting the Member
State in question.
Where the checks referred to in the first subparagraph show repeated
non-compliance with this Directive, the competent authority of theMember State of destination shall inform the Commission and thecompetent authorities of the other Member States.
The Commission must, at the request of the competent authority of the
Member State of destination or on its own initiative, send an inspectionteam to the Member State in question in conjunction with the compe-tent national authorities. Depending on the type of infringementobserved, that team may remain in the Member State in question untilthe decisions referred to in the final subparagraph have been taken.1991L0496 — EN — 30.06.1995 — 004.001 — 15
▼B
Pending the Commission's findings, the Member State in question
must, at the request of the Member State of destination, step up checksat the border inspection post or quarantine centre concerned.
The Member State of destination may, for its part, intensify checks on
animals coming from these sources.
At the request of one of the two Member States concerned, and in
accordance with the procedure laid down in Article 22, the Commis-
sion must, where the irregularities are confirmed by the inspection
referred to in the fifth subparagraph, take the appropriate measures.These measures must be confirmed or reviewed as soon as possible inaccordance withth e same procedure.
Article 21
1. Each Member State shall draw up a programme for the exchange
of staff designated to carry out the veterinary checks on animalscoming from third countries.
2. The Commission and the Member States shall coordinate the
programmes referred to in paragraph 1 within the Standing VeterinaryCommittee.
3. Member States shall take all the measures necessary to allow
implementation of the programmes resulting from the coordinationreferred to in paragraph2.
4. Each year, in the Standing Veterinary Committee, the implemen-
tation of programmes shall be reviewed on the basis of reports drawnup by the Member States.
5. Member States shall take into account the experience gained, in
order to improve and develop the exchange programmes.
6. A financial contribution from the Community may be granted in
order to promote the efficient development of exchange programmes.Detailed rules for suchcontribution and th e estimated amount to be
charged to the general budget of the European Communities are laid
down in Council Decision 90/424/EEC of 26 June 1990 on expenditurein the veterinary field(
1).
7. Detailed rules for the application of paragraphs 1, 4 and 5 shall
be adopted, where the need arises, in accordance with the procedurelaid down in Article 23.
CHAPTER IV
General provisions
Article 22
Where reference is made to the procedure provided for in this Article,
action shall be taken in accordance with Article 17 of Directive 89/662/
EEC.
Article 23
Where reference is made to the procedure provided for in this Article,
action shall be taken in accordance with Article 18 of Directive 89/662/EEC.
Article 24
The Annexes to this Directive shall, where the need arises, be amended
in accordance withth e procedure laid down in Article 23.1991L0496 — EN — 30.06.1995 — 004.001 — 16
(1) OJ No L 224, 18. 8. 1990, p. 19. Decision amended by Decision 91/133/
EEC (OJ No L 66, 13. 3. 1991, p. 18).
▼B
Article 25
This Directive shall be without prejudice to obligations arising from
customs rules.
Article 26
1. Articles 12 and 28 of Directive 72/462/EEC shall be deleted.Pending the decisions provided for in Articles 5 and 6 of this Directive,
the acts adopted pursuant to Article 12 of Directive 72/462/EEC shallcontinue to apply.
2. Articles 20 and 21 of Directive 90/426/EEC and Articles 27 and
29 (2) of Directive 90/539/EEC shall be deleted.
Article 27
1. Directive 89/662/EEC is hereby amended as follows:
(a) in article 19 (2) ‘31 December 1992’ shall be replaced by ‘31
December 1996’;
(b) Article 22 shall be replaced by the following:
‘Article 22
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply withth is Directive
on 1 July 1992.’
2. Directive 90/425/EEC shall be amended as follows:
(a) Article 7 shall be replaced by the following:
‘Article 7
1. Member States shall ensure that, during checks carried out at
the places where animals and products referred to in Annex I from
a third country may be brought into the territories defined in Annex
I to Directive 90/675/EEC, suchas ports, airports and borderinspection posts with third countries, the following measures aretaken:
(a) certificates or documents accompanying the animals and
products are checked;
(b) Community animals and products shall be subject to the control
rules laid down in Article 5;
(c) products from third countries shall be subject to the rules laid
down in Directive 90/675/EEC;
(d) animals from third countries shall be subject to the rules laid
down in Directive 91/496/EEC.
2. However, as from 1 January 1993 and by way of derogation
from paragraph1, all animals or products transported by means oftransport providing a regular and direct link between two geogra-phical points of the Community shall be subject to the rules forcontrol provided for in Article 5.’
(b) Article 23 shall be replaced by the following:
‘Article 23
The Council shall, on the basis of a Commission report, accompa-
nied by possible proposals on which the Council will decide by aqualified majority, re-examine:
— the provisions of Article 10 and of Article 5 (2) (a) before 1
January 1993,
— other provisions before 1 January 1996.’
(c) In Article 26:
in the first subparagraph, point (ii) shall be replaced by:
‘(ii) the other provisions of this Directive on 1 July 1992.’;the second subparagraph shall be deleted.1991L0496 — EN — 30.06.1995 — 004.001 — 17
▼B
3. Directive 90/675/CEE is hereby amended as follows:
(a) in Article 19, paragraph 6 shall be replaced by the following:
‘6. Within 10 working days, the Standing Veterinary Committee
shall have the matter referred to it, pursuant to the terms of Article
23, with a view to the extension, amendment or repeal of the
measures provided for in paragraphs 1, 3 and 5. The procedureprovided for in Article 23 may also be used to adopt the necessarydecisions, including those relating to intra-Community movementof products and to transit.’
(b) In Article 32, ‘by 31 December 1991’ shall be replaced by ‘on 1
July 1992’.
Article 28
Acting in accordance with the procedure laid down in Article 23, the
Commission may adopt for three years the transitional measures neces-sary to facilitate the transition to the new checking arrangementsprovided for in this Directive.
Article 29
Member States ►
A1, in particular Austria and Finland, ◄may make
use of the Community financial assistance provided for in Article 38 ofDirective 90/424/EEC for the implementation of this Directive, in
particular for setting up networks for exchanges of information between
veterinary services and border posts.
Article 30
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with:
(a) the provisions of Article 6 (3) and Articles 13, 18 and 21 on 1
December 1991;
(b) the other provisions of this Directive on 1 July 1992.
They shall forthwith inform the Commission thereof.When these measures are adopted by the Member States, they shall
contain a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The methods ofmaking such a reference shall be laid down by the Member States.
2. Detailed rules for applying this Directive, and in particular those
concerning Article 8 (3), shall be adopted and the system referred to►
M1 ◄Article 12 (4) brought into force on 1 July
1992.
If the date referred to in the preceding subparagraph cannot be met, the
transitional measures provided for in Article 28 shall be taken on thatdate.
Article 31
This Directive is addressed to the Member States.1991L0496 — EN — 30.06.1995 — 004.001 — 18
▼B
ANNEX A
General conditionsfortheapprovalofborderinspectionposts
In order to obtain Community approval, border inspection posts must have:
1) a dedicated access lane for the transport of live animals so that the animals
are spared unneccessary waiting;
2) facilities (which must be easy to clean and disinfect) for loading and
unloading the different means of transport, inspection, feeding, watering
and treatment of the animals, with adequate space, lighting and ventilation
for the number of animals to be inspected;
3) sufficient numbers, in relation to the numbers of animals dealt with by the
border inspection post, of veterinary and auxiliary staff specially trained to
carry out checks on the accompanying documents and the clinical checks
referred to in Articles 4, 5, 8 and 9 of this Directive;
4) sufficiently large premises at the disposal of the staff responsible for
carrying out veterinary checks, including changing rooms, showers and
toilets;
5) appropriate premises and facilities for taking and processing the samples for
the routine checks laid down in Community rules;
6) the services of a specialized laboratory able to carry out special tests on the
samples taken at the post;
7) the services of an undertaking in the immediate vicinity which has the facil-
ities and equipment to house, feed, water, treat and, if necessary, slaughter
the animals;
8) where such posts serve as stopping or transfer points for animals during
transport, suitable facilities for the animals to be unloaded, watered, fed,
housed properly where necessary and given the requisite treatment or if
necessary to be slaughtered on the spot in a way which spares them unne-
cessary suffering;
9) appropriate equipment permitting the rapid exchange of information with
other border inspection posts and the competent veterinary authorities
referred to in Article 20 of Directive 90/425/EEC;
10) equipment and facilities for cleaning and disinfecting.1991L0496 — EN — 30.06.1995 — 004.001 — 19
▼B
ANNEX B
General conditionsfortheapprovalofquarantinecentres
1. The requirements of Annex A, points 2, 4, 5, 7, 9 and 10 shall apply.
2. In addition, quarantine centres must:
— be placed under the permanent control and under the responsibility of the
official veterinarian,
— be located at a distance from holdings or other places where animals are
kept which are likely to be infected by contagious diseases,
— have an efficient control system so as to ensure adequate surveillance of
the animals.1991L0496 — EN — 30.06.1995 — 004.001 — 20