1997L0078 — EN — 01.05.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE97/78/EC
of18December 1997
laying down the principles governing the organisation of veterinary checks on products entering
theCommunityfromthirdcountries
(OJ L 24, 30.1.1998, p. 9)
Amended by:
Official Journal
No page date
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion isfoundedL 236 33 23.9.2003
▼B
COUNCILDIRECTIVE97/78/EC
of18December 1997
layingdowntheprinciplesgoverningtheorganisationofveterinary
checksonproductsenteringtheCommunityfromthirdcountries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
(1)Whereasthe animal productsor productsof animal origin andplant products subject to checks intended to prevent the spreadof contagious or infectious animal diseases are listed in Annex
II to the Treaty;
(2)Whereaslaying down principlesat Community level on the
organisation of veterinary checks on products coming from thirdcountries helps to safeguard supplies and ensure market stabilitywhile also harmonising the measures necessary to ensure theprotection of animal and public health;
(3)Whereas the establishment of the internal market has accentu-ated the need to lay down common principlesfor veterinarychecks, given that internal border checks have been abolished;
(4)Whereas, since Council Directive 90/675/EEC of the 10December 1990 laying down the principlesgoverning the organi-sation of veterinary checks on products entering the Community
from third countries(
4) wasadopted, developmentshave taken
place in the application of the Directive and fresh experiencehas been gained; whereas in the interests of transparency, theDirective should be amended;
(5)Whereasharmonis ed conditionsfor all productsof animal originimported from third countriesinto the Community s hould be
established; whereas for that reason a single checking scheme
for these products should be applied and the requisite adjust-mentsmade;
(6)Whereas rules must be laid down whereby consignments whichhave been introduced into the Community without beingpresented at a border inspection post will undergo the veterinary
checks at such a post;
(7)Whereas Member States may, in certain cases, impose additional
requirementsfor productsto be imported; whereasthe MemberState making the checkshasto take account of thes e extranational requirementswhen doing s o;
(8)Whereas, with regard to the transhipment by sea or air of
productswith a final des tination in the Community, clear rules
should be laid down on where to carry out the checks;
(9)WhereasCommunity legis lation requirescertain productsto bemonitored from the place of arrival in the Community to theplace of destination to safeguard public and animal health;whereas for that reason strict rules must be laid down;1997L0078 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 285, 23.8.1997, p. 7.
(2) OJ C 85, 17.3.1997, p. 76.
(3) OJ C 66, 3.3.1997, p. 43.
(4) OJ L 373, 31.12.1990, p. 1. Directive aslas t amended by Directive 96/43/
EC (OJ L 162, 1.7.1996, p. 1).
▼B
(10)Whereas strict rules should be established to ensure that products
arriving at the Community border without having the Commu-
nity asfinal des tination will leave the Community;
(11)Whereasthos e productswhich comply with Community require-
ments for importation should be separated from those which do
not; whereas to take account of these differences, separatechecking systems should be laid down;
(12)Whereasthe s upply of productsof animal origin for the crewand passengers of sea and air transport is of considerablecommercial importance in the Community; whereasthos eproductsoften do not comply with Community requirements ;
whereas for that reason strict rules should be laid down to safe-
guard public and animal health;
(13)Whereasa Community product which isrefus ed by a third
country and which isreturned to the Community s hould be
regarded asno longer fulfilling Community requirements ;whereas for that reason strict rules in that regard should be laiddown to safeguard public and animal health;
(14)Whereas extra safeguards should be laid down with a view to theprevention of fraud and provision should be made for harmo-nised measures to stamp out fraudulent operations and
irregularities;
(15)Whereas Directive 90/675/EEC has been substantially amended
on several occasions; whereas, now that further amendments are
necessary, that Directive should for the sake of clarity and
rationality be repealed and replaced,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Veterinary checkson productsfrom third countriesintroduced into one
of the territories listed in Annex I shall be carried out by the MemberStatesin accordance with thisDirective.
Article 2
1. For the purposes of this Directive, the definitions contained in
Article 2 of Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checksin intra-Community trade with a view tothe completion of the internal market (
1) and Article 2 of Council
Directive 90/425/EEC concerning veterinary and zootechnical checksapplicable in intra-Community trade in certain live animalsandproductswith a view to the completion of the internal market (
2) shall
apply as necessary.
2. In addition:
(a) ‘products’ means the products of animal origin referred to in Direc-
tives89/662/EEC and 90/425/EEC, including by-productsof
animal origin not covered by Annex II to the Treaty, and the plant
productsreferred to in Article 19;
(b) ‘documentary check’ meansthe examination of the veterinary certi-
ficate(s) or veterinary document(s), or other document(s)
accompanying a consignment;
(c) ‘identity check’ means a check by visual inspection to ensure that
the veterinary certificate(s) or veterinary document(s) or other
document(s) provided for by veterinary legislation tally with theproduct itself;1997L0078 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 395, 30.12.1989, p. 13. Directive aslas t amended by Directive 92/118/
EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 224, 18.8.1990, p. 29. Directive aslas t amended by Directive 92/118/
EEC.
▼B
(d) ‘physical check’ means a check on the product itself, which may
include checks on packaging and temperature and also samplingand laboratory testing;
(e) ‘person responsible for the load’ means any natural or legal person
who, in accordance with the provisions of Council Regulation(EEC) No 2913/92 of 12 October 1992 establishing the Community
Customs Code (
1) has responsibility for the development of the
various situations covered by the said Regulation in which theconsignment may be, and also the representative referred to inArticle 5 of the said Regulation who assumes such responsibilityfor following up the checkslaid down in thisDirective;
(f) ‘consignment’ means a quantity of products of the same type,
covered by the same veterinary certificate(s) or veterinary docu-ment(s), or other document(s) provided for by veterinarylegislation, conveyed by the same means of transport and comingfrom the same third country or part of such country;
(g) ‘border inspection post’ means any inspection post, designated and
approved in accordance with Article 6, for the carrying out ofveterinary checkson productsarriving from third countriesat the
border of one of the territorieslis ted in Annex I;
(h) ‘import’ meansthe free circulation of productsand the intention to
release products for free circulation within the meaning of Article79 of Regulation (EEC) No 2913/92;
(i) ‘customs-approved treatment for use’ means the customs-approved
treatment or use referred to in point 15 of Article 4 of Regulation(EEC) No 2913/92;
(j) ‘import conditions’ means veterinary requirements for products to
be imported, aslaid down in Community legis lation;
(k) ‘competent authority’ meansthe central authority of a Member
State empowered to carry out veterinary checks, or any authority
to which it has delegated such powers.
CHAPTER I
ORGANISATIONANDEFFECTSOFCHECKS
Article 3
1. Member States shall ensure that no consignment from a third
country isintroduced into one of the territorieslis ted in Annex I
without having been subjected to the veterinary checks required by
thisDirective.
2. Member States shall ensure that consignments are introduced into
one of the territories listed in Annex I via a border inspection post.
3. Member States shall ensure that persons responsible for the load
are obliged to forward information in advance by duly completing
where applicable the certificate referred to in Article 5(1), or provide
a detailed description in writing or in computerised form of theconsignment referred to in paragraph 1, including the products referredto in Article 9 and Article 19(1), to the veterinary staff of the borderinspection post to which the products are to be submitted.
Member States may inspect the manifests of vessels and aircraft and
check that they tally with the abovementioned statements and docu-
ments.
4. The customs authorities on whom the border inspection post is
geographically dependent shall allow the intended customs-approvedtreatment or use of the consignments only in accordance with theconditionss et out in the certificate referred to in Article 5 (1).1997L0078 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 302, 19.10.1992, p. 1. Regulation aslas t amended by Regulation (EC)
No 82/97 of the European Parliament and of the Council (OJ L 17,
21.1.1997, p. 1).
▼B
5. Detailed rulesfor the application of thisArticle, in particular the
list of products to be subjected to a veterinary check, shall be adoptedin accordance with the procedure laid down in Article 29.
Article 4
1. Each consignment shall be subject to veterinary checks in the
border inspection post referred to in Article 3(2) by the competentauthority under the responsibility of the official veterinarian in accor-
dance with Article 6(1)(b).
2. For each consignment the official veterinarian shall, on the basis
of the information referred to in Article 3 (3), consult the database
referred to in Annex I to Council Decision 92/438/EEC of 13 July1993 on computerisation of veterinary import procedures (Shiftproject) (
1). Furthermore, for each consignment intended for import
into one of the territories listed in Annex I, he shall, if necessary,consult the database referred to in Annex II to Decision 92/438/EEC.
The official veterinarian shall ensure that all the operations required to
maintain the database provided for in Decision 92/438/EEC are carried
out.
3. Each consignment shall be subject to a documentary check irre-
spective of the customs-approved treatment or use in order to establish:
(a) that the information in the certificatesor documentsreferred to in
Article 7(1) corresponds to the information forwarded in advance in
accordance with Article 3(3);
(b) in the case of imports, that the particulars contained in the certifi-
catesor documentsreferred to in Article 1 or other documentsafford the guaranteesrequired.
4. Apart from the specific cases stipulated in Articles 9 to 15, the
official veterinarian shall carry out the following checks:
(a) an identity check on each consignment to ascertain that the
productscorres pond to the information given in the accompanying
certificates or documents. Apart from bulk consignments as
provided for in Council Directive 92/118/EEC of 17 December1992 laying down animal health requirementsgoverning trade inand importsinto the Community of productsnot s ubject to thesaid requirements laid down in specific Community rules referred
to in Annex A(I) to Directive 89/662/EEC and, asregardspatho-
gens, to Directive 90/425/EEC (
2), this procedure shall comprise:
(i) where productsof animal origin arrive in containers , verifica-
tion that the seals fixed by the official veterinarian (or thecompetent authority), where required by Community legisla-tion, are intact and that the information appearing thereon
corresponds to that given in the accompanying document or
certificate;
(ii) in other cases
— for all types of product, a check that the stamps, official
marksand health marksidentifying the country and es tab-lishment of origin are present and conform to those on thecertificate or document,
— in addition, for wrapped or packaged products, a check on
the specific labelling provided for in veterinary legislation,
(b) a physical check on each consignment:
(i) in order to ascertain that the products satisfy the requirements
of Community legislation and are in a fit state to be used for
the purpose specified in the accompanying certificate or docu-ment.1997L0078 — EN — 01.05.2004 — 001.001 — 5
(1) OJ L 243, 25.8.1992, p. 27. Decision amended by the Act of Accession of
1994.
(2) OJ L 62, 15.3.1993, p. 49. Directive aslas t amended by Directive 96/90/EC
(OJ L 13, 16.1.1997, p. 24).
▼B
These checks must be carried out in accordance with the
criteria laid down in Annex III;
(ii) prior to carrying out, in accordance with the frequenciesto be
established before 1 July 1999, using the procedure laid downin Article 29:
— any laboratory tests on the spot,
— any official sampling required for earliest possible analysis.
5. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 5
1. After completion of the required veterinary checksthe official
veterinarian shall issue a certificate for the consignment of productsconcerned certifying the results of the checks in accordance with themodel provided in Annex B to Commission Decision 93/13/EEC laying
down the proceduresfor veterinary checksat Community border
inspection posts on products from third countries (
1), adapted where
appropriate in accordance with paragraph 4.
2. The certificate referred to in paragraph 1 shall accompany the
consignment:
— as long as the consignment remains under customs supervision, in
which case the said document shall refer to the customs document,
— in the case of importation, as far as the first establishment as
referred to in Directive 89/662/EEC, or asfar asthe firs t centre ororganisation of destination as referred to in Directive 90/425/EEC.
3. If the consignment is split, the provisions of paragraphs 1 and 2
shall apply to each part.
4. Detailed rulesfor the application of thisArticle, including the
adaptations of Annex B to Decision 93/13/EEC, shall be adopted inaccordance with the procedure laid down in Article 29.
Article 6
1. Border inspection posts must:
(a) be located in the immediate vicinity of the point of entry into one
of the territories listed in Annex I, and in an area which is desig-
nated by the customs authorities in accordance with the firstsubparagraph, points (a) and (b) of Article 38(1) of Regulation(EEC) No 2913/92.
However, where necessitated by geographical constraints (such as
an unloading wharf or a pass), a border inspection post at a certaindistance from the point of introduction may be tolerated in accor-dance with the procedure laid down in paragraph 2 and, in the case
of rail transport, at the first station stop designated by the compe-
tent authority;
(b) be placed under the authority of an official veterinarian, who shall
be effectively responsible for the checks. The official veterinarianmay be assisted by specially trained auxiliary staff.
He shall ensure that all updating of the databases referred to in the
third indent of Article 1(1) of Decision 92/438/EEC is carried out.
2. In accordance with the procedure laid down in Article 29, the list
of border inspection posts in force on the date of publication of thisDirective may subsequently be amended or supplemented:
(a) by the addition of any new border inspection posts:
— proposed by the Member State, once the competent authority
haschecked that it complieswith the requirementsof Annex IIto this Directive and of Commission Decision 92/525/EEC of 31997L0078 — EN — 01.05.2004 — 001.001 — 6
(1) OJ L 9, 15.1.1993, p. 33. Decision as last amended by Decision 96/32/EC
(OJ L 9, 12.1.1996, p. 9).
▼B
November 1992 laying down requirementsfor the approval of
Community border inspection posts responsible for veterinarycheckson productsintroduced from third countries(
1),
— inspected by the Commission in collaboration with the compe-
tent authority of the Member State;
(b) by withdrawal of a border inspection post, where it is found not to
be complying with the conditionslaid down in Annex II, eitherduring a check carried out by the competent authority or if,following the inspections provided for in Article 23, the MemberState does not take account of the conclusions of this inspection
within a reasonable time especially in cases where the inspections
have resulted in a serious public or animal health risk.
3. A Member State must, in serious cases, particularly on public or
animal health grounds, suspend approval of a border inspection postsituated in its territory. It shall inform the Commission and the otherMember States of such suspension and of its reasons. The borderinspection post may be restored to the list only in accordance with
paragraph 2(a).
4. The Commission shall draw up and publish a list of approved
border inspection posts, including cases where approval has beentemporarily suspended.
5. Pending the adoption of decisions under paragraph 2(a), the list
drawn up pursuant to the Basic Directive 90/675/EEC shall remainapplicable, without prejudice to the circumstances provided for in para-graph 3.
6. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 7
1. Each consignment intended for import into one of the territories
listed in Annex I shall be accompanied by the original veterinary certi-
ficatesor original veterinary documentsor other original documentsasrequired by veterinary legislation. The original certificates or docu-ments shall remain at the border inspection post.
2. Without prejudice to Article 10, each consignment of products
from a third country intended for import into one of the territoriesreferred to in Annex I shall be subject to an identity check and a
physical check as provided for in Article 4(4).
3. The customs authorities shall not allow the importation of
consignments of products unless — without prejudice to the customs
regulations and to the special provisions to be adopted in accordancewith Article 10(2) and (3) and Article 18 — proof hasbeen s uppliedthat the relevant veterinary checks have been carried out with satisfac-tory results, that the relevant certificate has been issued in accordance
with Article 5(1) and that the competent authority hasa guarantee that
the inspection fees referred to in Council Directive 85/73/EEC of 29January 1985 on the financing of veterinary inspections and controlscovered by Directives89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated) (
2) have been or will be paid, in
accordance with the provisions of that Directive.
4. If the consignment complies with the import conditions, the offi-
cial veterinarian shall provide the person concerned with an
authenticated copy of the original certificatesor documentsand s hall,in accordance with Article 5(1), issue a certificate declaring that theconsignment complies with those conditions on the basis of the veter-inary checks carried out at the border inspection post.
5. Trade in the productsreferred to in Directives89/662/EEC and
90/425/EEC and allowed into one of the territorieslis ted in Annex I1997L0078 — EN — 01.05.2004 — 001.001 — 7
(1) OJ L 331, 17.11.1992, p. 16.
(2) OJ L 32, 5.2.1985, p. 14. Directive aslas t amended by Directive 96/43/EC
(OJ L 162, 1.7.1996, p. 1).
▼B
to thisDirective under paragraph 3 of thisArticle s hall be conducted in
accordance with the rules laid down in the said Directives, in particularin Chapter II thereof.
6. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 8
1. Where:
— productsare intended for a Member State or an area having
obtained specific requirements in the framework of Community
legislation,
— samples have been taken but the results are not known when the
means of transport leaves the border inspection post,
— imports authorized for specific purposes are involved, in the cases
provided for by Community legislation,
additional information must be communicated to the competent
authority of the place of destination by means of the ANIMO networkreferred to in Directive 90/425/EEC.
2. Each consignment of products referred to in the first and third
indents of paragraph 1 and destined for another Member State shall
undergo the documentary, identity and physical checks laid down inArticle 4(3) and (4) at the border inspection post situated in the terri-tory of the Member State where the productsare introduced, to verifyin particular whether the productsconcerned comply with the Commu-nity rulesapplicable to the Member State or area of des tination.
However, furred wild game imported unskinned shall undergo an iden-
tity or physical check, apart from the health check and residue searchprovided for in Council Directive 96/23/EC of 29 April 1996 onmeasures to monitor certain substances and residues thereof in liveanimalsand animal products(
1), which should be carried out in accor-
dance with Council Directive 92/45/EEC of 16 June 1992 on public
health and animal health problemsrelating to the killing of wild game
and the placing on the market of wild game meat (2) in the establish-
ment of destination where the meat must be delivered under customssupervision in accordance with the first indent of paragraph 4 of thisArticle and in conjunction with the certificate referred to in Article
5(1).
The results of the checks should be forwarded to the veterinary
authority responsible for the border inspection post at which theproductsentered. Depending on the outcome, the meas ureslaid downin Article 24 shall if necessary be implemented.
3. Member States shall ensure that, in the case of products referred
to in the first and third indents of paragraph 1 and introduced into aMember State other than the Member State of destination, all measuresshall be taken to ensure that the consignment involved reaches the
intended Member State of destination.
4. Products which are to be monitored pursuant to Community legis-
lation from the border inspection post of arrival to the establishment atthe place of destination shall be forwarded under the following condi-tions:
— the consignments in question shall be dispatched from the border
inspection post of arrival to the establishment at the place of desti-
nation under the supervision of the competent authority in leak-
proof vehicles or containers sealed by the competent authorities.The productsreferred to in the third indent of paragraph 1 s hallremain under customs supervision until they reach the place ofdestination in accordance with procedure T5 as laid down inCommission Regulation No 2454/93 of 2 July 1993 laying down1997L0078 — EN — 01.05.2004 — 001.001 — 8
(1) OJ L 125, 23.5.1996, p. 10.
(2) OJ L 268, 14.9.1992, p. 35. Directive aslas t amended by Directive 96/23/
EC (OJ L 125, 23.5.1996, p. 10).
▼B
provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (1), in
conjunction with the certificate provided for in Article 5(1) stipu-
lating the authorised destination and if appropriate citing the type
of processing intended,
— the official veterinarian at the border inspection post concerned
shall inform the veterinary authority in charge of the establishment
at the place of destination of the consignment of the place of origin
and the place of destination of the product via the ANIMO network,
— the products shall undergo, in the establishment at the place of
destination, the treatment defined in the relevant Community legis-
lation,
— the official veterinarian at the place of destination or, in the cases
provided for in Chapter 10 of Annex I to Directive 92/118/EEC,the official veterinarian responsible for an intermediate warehouse,
shall be informed by the management of the establishment of desti-
nation or of the intermediate warehouse of the arrival of the productat its destination, and shall within 15 days notify the official veter-inarian at the border inspection post who notified him of theshipment. He shall carry out regular checks to ensure that the
products have arrived at the establishment of destination, in parti-
cular by checking the entry records.
5. If proof isgiven to the competent authority of the border ins pec-
tion post of entry, without prejudice to the provisions of Article 20,
that the products declared as being intended for an approved establish-ment never arrived at their destination, the authority shall takeappropriate measures vis-à-vis the person responsible for the load.
6. Member States shall submit to the Commission the list of
approved establishments as referred to in paragraph 4 for the productsconcerned in accordance with the relevant Community legislation.
Where an establishment fails to comply with the notification require-
ments, the Member State may withdraw its approval and shall imposethe necessary penalties in keeping with the nature of the risk incurred.
The Commission shall publish the list of approved establishments and
shall arrange for its updating and communication to the Member States.
7. Detailed rulesfor the application of thisArticle, drawn up after
consultation with the customs authorities, shall be adopted in accor-dance with the procedure laid down in Article 29.
Article 9
1. Consignments intended for import into one of the territories listed
in Annex I which arrive at one border inspection post but are intended
for import via another border inspection post situated in the same terri-tory, or situated in the territory of another Member State, shall besubject to an identity check and a physical check at the border inspec-tion post of destination, provided that the transport takes place by seaor air. The following proceduress hall be carried out in the border
inspection post of introduction:
(a) if the consignment is transhipped from one aircraft to another or
from one vessel to another within the customs area of the same
port or airport either directly or after being unloaded on the quay-
side or the tarmac for a period shorter than the minimum periodreferred to in (b), the competent authority shall be informed bythe person responsible for the load. It may, exceptionally if thereisa ris k to animal or public health, carry out a documentary check
of the productson the bas isof the certificate or veterinary docu-
ment of origin or any other original document accompanying theconsignment concerned or an authenticated copy thereof;1997L0078 — EN — 01.05.2004 — 001.001 — 9
(1) OJ L 253, 11.10.1993, p. 1. Regulation aslas t amended by Regulation (EC)
No 1427/97 (OJ L 196, 24.7.1997, p. 31).
▼B
(b) if the consignment is otherwise unloaded, it must:
(i) be stored for a maximum and minimum period and under
conditionsto be determined according to the procedure laid
down in paragraph 2, under the supervision of the competentauthority, in the customs area of the port or airport pendingforwarding to another border inspection post by sea or air;
(ii) be subjected to a documentary check of the products in rela-
tion to the documentsreferred to in (a);
(iii) without prejudice to Article 20, be subjected exceptionally to
an identity check and a physical check if there is any possibi-
lity of danger to public or animal health.
2. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
3. The Council, acting by qualified majority on a proposal from the
Commission, may extend the provisions of this Article to rail tranship-ment.
Article 10
1. At the request of a Member State, accompanied by the requisite
supporting information, or acting on its own initiative, the Commission
may, in accordance with the procedure laid down in Article 29, deter-mine that physical checks are to be less frequent, under certainconditionsand in particular in the light of the res ultsof previouschecks, on products for which import conditions are harmonised, i.e.productswhich meet the following three conditions :
(a) they originate in third countriesor regionsof third countries
offering satisfactory health guarantees as regards checks at the
point of origin on productsintended for import into one of the
Community territorieslis ted in Annex I;
(b) insofar as is required under Community legislation they come from
establishments on a list drawn up in accordance with Communityrules or, in the case of establishments approved in accordance
with Council Decision 95/408/EC of 22 June 1995 on the condi-
tions for drawing up, for an interim period, provisional lists ofthird-country establishments from which Member States areauthorised to import certain products of animal origin, fisheryproductsor live bivalve mollus cs(
1), from an establishment which
hasundergone either a Community or a national ins pection;
(c) import certificates have been issued for the products concerned.
2. Before submitting a proposal for granting such derogations in
respect of products from a given third country, the Commission shall
submit a report to the Standing Veterinary Committee on that thirdcountry taking account of the following:
(a) the guaranteesoffered by the third country in ques tion for all or
part of itsterritory with res pect to compliance with Communityrequirements, including those for residue checks;
(b) the health situation of animals in the third country concerned;
(c) information on the general health situation in the country;
(d) nature of the measures applied by the third country for monitoring
and combating disease;
(e) structures, skills, independence and qualifications of the veterinary
service or other competent services;
(f) compliance with the minimum standards laid down by Community
law with regard to production hygiene;
(g) type of product or products and its/their potential health risk;1997L0078 — EN — 01.05.2004 — 001.001 — 10
(1) OJ L 243, 11.10.1995, p. 17. Decisions as last amended by Decision 97/34/
EC (OJ L 13, 16.1.1997, p. 33).
▼B
(h) rules on the authorisation of certain substances and compliance
with the requirementss et out in Council Directive 96/22/EC of 29April 1996 concerning the prohibition on the use in stockfarming
of certain substances having a hormonal or thyrostatic action and
ofβ-agonists (
1) and in Directive 96/23/EC;
(i) outcome of the Community inspection or national inspection visits;(j) outcome of the import checkscarried out;
(k) an analysis of the risk involved owing to the nature of the products
to be imported, their presentation or mode of transport used.
3. Without prejudice to paragraph 1 reductionsin the frequency of
checksmay als o be negotiated under a veterinary equivalence agree-
ment concluded between the Community and a third country on a
reciprocal basis.
Such reductionsmus t be adopted according to the procedure laid down
in Article 29.
4. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 11
1. A Member State shall, on behalf of all Member States through
which transit is due to take place, only authorise the transit of consign-mentsfrom one third country to another third country or to the s amethird country if:
(a) such consignments come from a third country whose products are
not prohibited entry on to the territorieslis ted in Annex I and areintended for another third country. The competent authority may
waive thisrequirement for trans hipmentscarried out in accordance
with Article 9(1)(a) of consignments from one aircraft to another orfrom one vessel to another within the customs area of the sameport or airport for the purpose of redispatch without further stopon the territorieslis ted in Annex I following general criteria to be
fixed in accordance with paragraph 4;
(b) such transit has been previously authorised by the official veteri-
narian of the border inspection post of the Member State wherethe consignment first arrives in one of the territories listed inAnnex I;
(c) the person responsible for the load undertakes beforehand to repos-
sess the consignment if the products concerned are rejected and to
dispose of it in accordance with Article 17.
2. The authorisation referred to in paragraph 1 shall be subject to
compliance with the following conditions:
(a) consignments presented for transit at the border inspection post
shall be accompanied by the documents referred to in Article 7(1)
together, if necessary, with authenticated translations of such docu-ments;
(b) the consignment of products must be presented at the said border
inspection post in order to undergo the documentary check andidentity check.
Derogation from the documentary and identity checksmay be
granted by the competent veterinary authority for sea and air trans-port where the consignment:
— isnot unloaded. In thiscas e, and without prejudice to Article
20, documentary checkswill be confined to examination of theon-board manifest,1997L0078 — EN — 01.05.2004 — 001.001 — 11
(1) OJ L 125, 23.5.1996, p. 3.▼A1
▼B
▼B
— is transhipped as described in Article 9(1)(a) from one aircraft
to another or from one vessel to another within the customsarea of the same port or airport.
In exceptional cases which may present a public health or animal
health risk or when irregularities are suspected, additional physical
checksmus t be carried out;
(c) in the case of passage by road, rail or by waterway through the
territories listed in Annex I, such a consignment shall:
— be sent under customs supervision, in accordance with the T1
procedure laid down in Regulation (EEC) No 2913/92 to the
point of exit from the Community, together with the document
required under 2(a) and the certificate referred to in Article 5(1)certifying the border inspection post where the consignmentwill leave the Community,
— be transported, without the products being unloaded or split
after leaving the border inspection post of arrival, in vehicles
or containers sealed by the authorities. No handling shall beauthorised during transport,
— leave the Community via a border inspection post within a
maximum of 30 daysfollowing departure from the borderinspection post of entry, except where a general exemption is
granted in accordance with the procedure laid down in para-
graph 4 to take account of duly substantiated cases ofgeographical remoteness;
(d) the official veterinarian who authorises the transport shall inform
the official veterinarian of the border inspection post of exit viathe ANIMO network;
(e) the official veterinarian of the border inspection post of exit shall
declare on the certificate referred to in Article 5(1) that theconsignments concerned have left the Community and shall send acopy of the document to the border inspection post of entry by fax
or any other means.
Should the official veterinarian of the border inspection post of
entry not have been informed of the exit of the productsfrom the
Community within the period specified in the third indent of 2(c),
he shall refer the matter to the competent custom authority, whichshall investigate as necessary to determine the actual destination ofthe products.
3. All expenditure incurred pursuant to this Article shall be charge-
able to the person responsible for the load or his representative, withoutindemnification by the Member State, in accordance with the principlesderiving from Article 1 of Directive 85/73/EEC.
4. Detailed rulesfor the application of thisArticle, in particular the
exchange of information between the border inspection posts of entry
and of exit, shall be adopted in accordance with the procedure laiddown in Article 29.
Article 12
1. Consignments coming from a third country and intended for a
free zone, a free warehouse or a customs warehouse may, in accor-dance with Regulation (EEC) No 2913/92, be admitted by thecompetent authority only if the person responsible for the load hasdeclared beforehand that the productsconcerned are des tined ultimatelyfor release into free circulation on one of the territories listed in Annex
I or if there is some other end-use to be specified, and whether or not
the productscomply with the import conditions .
In the absence of a clear indication of their end-use, products must be
considered as intended for release into free circulation on one of the
territorieslis ted in Annex I.
2. Such consignments shall undergo, at the border inspection post of
introduction, a documentary, identity and physical check in order todetermine whether or not the productscomply with the s aid importconditions.1997L0078 — EN — 01.05.2004 — 001.001 — 12
▼B
A physical check shall however not be required — except on suspicion
of an animal health or public health risk — should it appear from thedocumentary check that the productsdo not meet Community require-
ments.
Such consignments shall be accompanied by the documents referred to
in Article 7(1). If necessary, authenticated translations of such docu-
mentss hall be attached.
3. If, following the checksreferred to in paragraph 2, it isfound that
Community requirementshave been met, the official veterinarian of theborder inspection post shall issue the certificate referred to in Article5(1) in conjunction with the customs documents. The competent veter-inary and customs authorities of the border inspection post shall
authorise entry to a warehouse in a free zone, to a free warehouse or
to a customs warehouse. Such products shall from a veterinary pointof view be declared fit for subsequent release into free circulation.
4. If, following the checksreferred to in paragraph 2, it isfound that
the productsconcerned do not meet Community requirementsthe offi-cial veterinarian of the border inspection post shall issue the certificatereferred to in Article 5(1) in conjuction with the official customs docu-ments. The customs and veterinary authorities of the border inspection
post may in such cases only authorise entry to a warehouse in a free
zone, to a free warehouse or to a customs warehouse if, without preju-dice to Article 16, the following requirementsare met:
(a) products must not come from a third country subject to a prohibi-
tion as laid down in Article 11(1)(a), first sentence;
(b) warehouses in free zones and free warehouses or customs ware-
houses must be approved by the competent authority for the
storage of the products. In order to be approved, they must meet
the following requirements:
— they must consist of a closed space with entry and exit points
subject to permanent control by the management of the ware-house. If a warehouse is located in a free zone, the entire zonemust be closed and placed under permanent customs control,
— they must meet the conditions of approval laid down in
Community legislation as regards warehouses storing theproduct(s) concerned, or, should there be no such Community
legislation, in national legislation,
— they must have arrangements for the daily logging of all
consignments entering or leaving the warehouse, with details
of the nature and quantity of the productsper cons ignment and
the name and address of the recipient. Such records must bekept for at least three years,
— they must possess storage and/or refrigeration rooms allowing
for separate storage of products which do not comply withveterinary legislation.
The competent authority may, however, in the case of existing
warehouses, authorise separate storage of such products on the
same premises when products not complying with Communitystandards are stored in lockable enclosures,
— they must have available premises reserved for the staff
carrying out the veterinary checks.
If the checks referred to in paragraph 2 show that the person
responsible for the load has made a false declaration pursuant toparagraph 1, he shall be obliged to dispose of the goods in accor-
dance with Article 17.
5. The competent authorities shall take all necessary steps:
— to ensure that the conditions for approval of warehouses are main-
tained,
— to prevent productswhich do not comply with Community veter-
inary requirements from being stored in the same rooms or
enclosures as those which do so comply,
— to ensure an effective check on entries and exits from the ware-
house and, during the hours of access, to ensure supervision by the1997L0078 — EN — 01.05.2004 — 001.001 — 13
▼B
veterinary authority. They must in particular ensure that products
not meeting Community requirementscannot leave the roomsorunitswhere they are s tored without the agreement of the competent
authority,
— to carry out all checks necessary to avoid any alteration, substitu-
tion of products stored in the warehouse or any change ofpackaging, market preparation or processing.
6. A Member State may, on groundsof animal or public health,
refuse entry to a customs warehouse, free warehouse or free zone toproductsif they do not meet the conditionslaid down in Community
legislation.
7. Consignments must not enter a free zone, free warehouse or
customs warehouse unless protected by customs seals.
8. The consignments referred to in paragraph 4 may only leave a
free zone, a free warehouse or a customs warehouse, in order to bedispatched to a third country or to a warehouse as referred to in Article13, or to be destroyed, provided that:
— despatch to a third country is in accordance with the requirements
of Articles11(1)(c) and 11(2)(a), (c), (d) and (e),
— trasfer to a warehouse as referred to in Article 13 is carried out
under cover of a T1 customs control form, with the name and loca-tion of the warehouse mentioned in the accompanying certificateprovided for in that Article,
— transport to a place of destruction takes place after the products
concerned have been denatured.
The consignments in question shall subsequently be forwarded under
such conditions as to ensure that transport is carried out, without thegoods being unloaded, under the supervision of the competent authori-tiesin leak-proof vehiclesor containerss ealed by the competentauthorities.
Such consignments may not be transferred between the warehouses
referred to in thisArticle.
9. All expenditure incurred pursuant to this Article, including the
costs of inspection and checks required thereby, shall be chargeable tothe person responsible for the load or his representative, withoutindemnification by the Member State, in accordance with the principlesderiving from Article 1 of Directive 85/73/EEC.
10. Member States shall submit to the Commission the list of:
(a) free zones, free warehouses and customs warehouses as referred to
in paragraph 4;
(b) operatorsasreferred to in Article 13.
The Commission shall arrange for the publication of the list in (a) in
theOfficial Journal of the European Communities and forward the list
of operatorsin (b) to the other Member States .
11. In the event of failure to comply with the conditionss et out in
paragraphs 1 to 10 and insofar as those conditions apply to the ware-house, the competent authority shall suspend or withdraw its approval
as referred to in paragraph 4(b). It shall inform the Commission and the
other Member Statesof any s uch withdrawal.
Where irregularities, either deliberate or due to serious negligence, are
found, the penaltieslaid down by the national law of the Member State
concerned shall be applied to the person responsible for the transport ofthe consignment after it has left the warehouse.
12. Detailed rulesfor the application of thisArticle, in particular the
checking proceduresto be carried out on the arrival and on the depar-
ture of consignments to and from such zones or warehouses, thetransport of consignments between such zones or such warehouses, theform of storage of the products and the handling allowed, shall beadopted in accordance with the procedure laid down in Article 29.1997L0078 — EN — 01.05.2004 — 001.001 — 14
▼B
Article 13
1. Operators who directly supply cross-border means of sea transport
with products referred to Article 12(4) for the purposes of consumptionby staff and passengers must, in addition to meeting the requirementsof Article 12(1), (2), (4)(a) and the second, third and fourth indents of
(4)(b), (5), (6), (7) and (9):
(a) be authorised beforehand by the competent authority as operators;
(b) acquire supplies of products which cannot be processed unless the
raw material complieswith Community requirements ;
(c) possess closed premises whose entry and exit points are under
permanent control of the person responsible. Where a warehouseislocated in a free zone, the requirementsof Article 12(4)(b), firs tindent, second sentence, shall apply;
(d) undertake not to release the products referred to in Article 12(4) for
consumption on one of the territories listed in Annex I;
(e) notify the competent authority as soon as possible of the arrival of
the productsat a warehous e asreferred to in (c).
2. The operatorsreferred to in paragraph 1 mus t:
(a) carry out deliveries directly on board the means of sea transport or
to a specially approved warehouse in the port of destination,
provided that measures are taken to ensure that the products
concerned under no circumstances leave the port zone for anotherdestination. The transport of products from the warehouse of originto the port of destination must be carried out under customs super-vision in accordance with procedure T1 as laid down in Regulation
(EEC) No 2913/92 and be accompanied by a veterinary certificate
formulated in accordance with the procedure in paragraph 6;
(b) notify in advance the competent authority of the port zone of the
Member State from which the productsare delivered and thecompetent authoritiesof the port of the Member State of des tina-tion of the date of dispatch of the products together with details
of their place of destination;
(c) provide official proof that the productshave reached their final
destination;
(d) keep a register of entries and dispatches for at least three years.
The register must enable a check to be made on portions ofconsignments remaining in the warehouse.
3. Operators should ensure that they do not supply vessels with
productsnot complying with Community requirementsexcept to s upplypassengers and crew outside the coastal areas of the territories listed in
Annex I, asdefined by national regulations .
4. The competent authority of the port zone of the Member State
from which the products are supplied shall notify the competent
authority of the port zone of the Member State of destination not laterthan the time of dispatch of the products and shall inform it of theplace of destination of the products via the ANIMO network.
5. In the event of failure to comply with the conditionsof this
Article, the competent authority must withdraw the authorizationreferred to in 1(a). It shall inform the Commission and the otherMember Statesof any s uch withdrawal.
6. Detailed rulesfor the application of thisArticle, in particular the
checking proceduresto be carried out on the departure and during thetransport and delivery of the products due to be delivered directly on
board means of sea transport, including proof that such products have
reached their legal destination, shall be adopted in accordance with theprocedure laid down in Article 29.
Article 14
1. Products for which the customs-approved treatment or use within
the meaning of Regulation (EEC) No 2913/92 isother than asprovided1997L0078 — EN — 01.05.2004 — 001.001 — 15
▼B
for in Articles 7 and 12(3) of this Directive, shall, unless they are
destroyed or returned, undergo an identity check and a physical checkin order to determine whether or not they comply with the import
conditions.
2. Detailed rulesfor the application of thisArticle s hall be adopted,
where necessary, in accordance with the procedure laid down in Article29.
Article 15
1. A Member State shall authorise the re-importation of a consign-
ment of productsof Community origin which wasrefus ed by a thirdcountry, if:
(a) the productsare accompanied:
(i) either by the original certificate or a copy authenticated by the
competent authority which issued the certificate accompanying
the products, together with details of the reasons for refusal and
a guarantee that the conditions governing the storage and trans-port of products have been observed, stating that the productsconcerned have not undergone any handling;
(ii) in the case of sealed containers, by a certificate from the carrier
stating that the content has not been handled or unloaded;
(b) the productsin ques tion undergo a documentary and identity check
and, in the cases provided for in Article 20, a physical check;
(c) the consignment is directly returned, under the conditions provided
for in Article 8(4) to the establishment of origin in the MemberState where the certificate was issued and that, if transit across
another Member State isinvolved, it hasbeen previous ly
authorised by the official veterinarian of the border inspection pointof the Member State where the consignment first arrives in one ofthe territoriesof the Community lis ted in Annex I, on behalf of allMember States through which the consignment will transit.
2. A Member State cannot oppose the reintroduction of a consign-
ment of productsof Community origin refus ed by a third country ifthe competent authority which issued the original certificate has agreedto take back the consignment and the conditions laid down in para-graph 2 have been met.
3. In the circumstances envisaged in paragraphs 1 and 2, the
products in question shall be forwarded under such conditions as toensure that transport is carried out as far as the establishment of originin accordance with the procedure laid down in Article 8(4) in leak-proof means of transport, identified and sealed by the competent
authority so that the seals will be broken whenever the container is
opened.
4. The official veterinarian who authorizes the transport shall inform
the competent authority of the place of destination via the ANIMOnetwork.
5. All expenditure incurred pursuant to this Article, including the
costs of inspection and checks required thereby, shall be chargeable tothe person responsible for the load or his representative, withoutindemnification by the Member State, in accordance with the principles
deriving from Article 1 of Directive 85/73/EEC.
6. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 16
1. ThisChapter s hall not apply to productswhich:
(a) form part of travellers' personal luggage and are intended for their
personal consumption, insofar as the quantity does not exceed aquantity to be defined in accordance with paragraph 3 and providedthat the productscome from a Member State or a third country or1997L0078 — EN — 01.05.2004 — 001.001 — 16
▼B
part of a third country appearing on the list adopted in accordance
with Community rules, and from which imports are not prohibited;
(b) are sent as small consignments to private persons, provided that the
productsare not being imported by way of trade, ins ofar asthequantity sent does not exceed a quantity to be defined in accor-dance with paragraph 3 and provided that the productscome from
a third country or part of a third country appearing on a list drawn
up in accordance with Community rules, and from which importsare not prohibited;
(c) are on board meansof trans port operating internationally and are
intended for consumption by the crew and passengers, provided
that they are not introduced into one of the territoriesreferred toin Annex I.
Where such products or their kitchen waste are unloaded, they must
be destroyed. It is not, however, necessary to destroy products
when they are transferred directly from one means of transportoperating internationally to another at the same port and undercustoms supervision;
(d) have, where quantitiesnot exceeding a figure to be fixed in accor-
dance with paragraph 3 are involved, undergone heat treatment in ahermetically sealed container to an F
0value of 3,00 or more and:
(i) form part of travellers' personal luggage and are intended for
their personal consumption;
(ii) are sent as small consignments to private persons, provided that
the productsare not being imported by way of trade;
(e) are sent as trade samples or are intended for exhibitions provided
that they are not intended to be marketed and have been authorised
in advance for that purpose by the competent authority;
(f) are intended for particular studies or analyses insofar as it is
possible to determine from the official inspection that suchproducts are not supplied for human consumption and that, when
the exhibition is finished or when the particular studies or analyses
have been carried out, these products, with the exception of thequantities used for the analyses, are destroyed or redispatchedunder certain conditionsto be laid down by the competentauthority.
In the case referred to under (e) and in this case the Member State
of destination shall ensure that the products concerned cannot beused for purposes other than those for which they were importedinto itsterritory.
2. Paragraph 1 shall not affect the rules applicable to fresh meat and
meat productsin accordance with Article 1(2) of Council Directive 72/
462/EEC of 12 December 1972 on health and veterinary inspectionproblemson importation of animalsof the bovine, ovine, caprine andporcine species, fresh meat and meat-based products from third coun-tries(
1).
3. The Commission shall determine the implementing rules and in
particular the weight limitsfor the different productsliable to be
covered by the derogationsreferred to in paragraph 1, in accordancewith the procedure laid down in Article 29.
Article 17
1. Consignments which have been introduced into one of the terri-
toriesof the Community without being pres ented for veterinarychecksin accordance with the requirementsof Articles3 and 4 s hall
be seized and the competent authority shall decide either to destroy
them in accordance with paragraph 2(b) or to redispatch them in accor-dance with paragraph 2(a).1997L0078 — EN — 01.05.2004 — 001.001 — 17
(1) OJ L 302, 31.12.1972, p. 28. Directive aslas t amended by Directive 96/91/
EC (OJ L 13, 16.1.1997, p. 27).
▼B
2. Where the checksreferred to in thisDirective s how the compe-
tent authority that the product does not satisfy the import conditions,or where such checks reveal an irregularity, the competent authority,
in consultation with the person responsible for the load or his represen-
tative, shall decide:
(a) either to redispatch the product outside the territories listed in
Annex I from the same border inspection post to a destination
agreed with the person responsible for the load, using the same
means of transport, within a maximum time limit of 60 days, wherethis is not precluded by the results of the veterinary inspection andhealth requirements.
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(1) of Decision 92/438/EEC,
— under arrangements to be defined by the Commission in accor-
dance with the procedure referred to in paragraph 7, invalidate
the veterinary certificatesor documentsaccompanying therejected products so that it is not possible to reintroduce therejected products via another border inspection post;
(b) or, if redispatch is impossible or the 60-day time limit referred to in
(a) has elapsed or the person responsible for the load gives hisimmediate agreement, destroy the products in the facilitiesprovided for that purpose nearest to the border inspection post in
accordance with Council Directive 90/667/EEC of 27 November
1990 laying down the veterinary rules for the disposal and proces-sing of animal waste, for its placing on the market and for theprevention of pathogens in feedstuffs of animal or fish origin (
1).
Pending redispatch of the products referred to in this point or
confirmation of the reasons for rejection, the competent authoritiesshall store the products in question under the supervision of the
competent authority at the expense of the person responsible for
the load.
3. The provisions of Articles 23 and 24 shall apply where the checks
referred to in paragraphs1 and 2 reveal that a s eriousinfringement or
repeated infringementsof Community veterinary legis lation hasor have
been committed.
4. Paragraph 2 shall not apply where an authorisation has been given
by the competent authority in order to permit the use of products in
accordance with Directive 90/667/EEC, provided that there isno ris k
to public or animal health.
5. The person responsible for the load or his representative shall be
liable for the costs incurred in the process of redispatching or
destroying the consignment or using the product for other purposes.
Furthermore, where an irregularity hasbeen found to be the res ult of
serious negligence or a deliberate infringement, the Member Statemust impose the penalties provided for in its national legislation onthe person responsible for the load.
6. The provisions of Decision 92/438/EEC shall apply.
7. Detailed rulesfor the application of paragraphs1 to 3, particu-
larly the standardisation of the assessment criteria for deciding on
refusal, seizure or destruction, shall be adopted in accordance with theprocedure laid down in Article 29.
Article 18
The Commission, in accordance with the procedure laid down in
Article 29, shall, on the basis of the plans referred to in the secondparagraph, adopt the rulesapplicable to importsinto certain partsof1997L0078 — EN — 01.05.2004 — 001.001 — 18
(1) OJ L 363, 27.12.1990, p. 51. Directive aslas t amended by the 1994 Act of
Accession.
▼B
the territorieslis ted in Annex I, to take account of the natural
constraints specific to these territories, in particular their remotenessfrom a mainland part of the Community territory.
To that end the French Republic and the Hellenic Republic shall
submit a plan to the Commission setting out, in the particular case ofthe French overseas departments and of certain islands and groups ofislands, the nature of the checks to be carried out on imports into those
regionsof productsoriginating in third countries , taking into account
the natural geographical constraints specific to these territories.
Those plans shall specify the checks carried out to prevent products
introduced into those territories being redispatched under any circum-
stances to other parts of Community territory, unless such territories
comply with the requirementsof Community veterinary legis lation.
Article 19
1. The Commission, in accordance with the procedure laid down in
Article 29, shall draw up a list of plant products which, in particular on
account of their subsequent destination, may give rise to the risk ofspreading infectious or contagious animal diseases and on that accountare to be subjected to the veterinary checks laid down by this Directive,and in particular those provided for in Article 4, in order to verify theorigin and planned destination of such plant products.
The following shall be adopted in accordance with the same procedure:
— the animal health conditionswhich third countriesmus t comply
with and the guaranteeswhich mus t be offered, in particular thenature of any processing to be required in the light of their animalhealth situation,
— a list of the third countries which, in the light of the guarantees,
may be authorised to export to the Community the plant products
referred to in the first paragraph,
— any specific inspection procedures, in particular with reference to
sampling, which may be applied to these products, especially inthe case of imports in bulk.
2. Fresh fishery products immediately landed from a fishing vessel
flying a third-country flag shall, in accordance with Council Regulation(EEC) No 1093/94 of 6 May 1994 setting the terms under whichfishing vessels of a third country may land directly and market theircatchesat Community ports(
1), and before they can be imported into
any of the territorieslis ted in Annex I, undergo the veterinary checks
laid down in respect of fish immediately landed by fishing vesselsflying the flag of a Member State.
However, by way of derogation from Article 3(2) a Member State may,
under the procedure provided for in Article 29, be authorised to carry
out the checkslaid down by thisDirective in the cas e of frozen anddeep-frozen tuna that hasbeen landed directly without having beenbeheaded or gutted from a vessel belonging to joint enterprises regis-tered in accordance with the relevant Community provisions, providedthat:
— such checks are carried out by the competent authority of the
nearest border inspection post in the industry of destination
approved for the processing of those products,
— the processing industry is located not more than 75 km from a
border inspection post,
— the products are transferred under customs control, in accordance
with the procedure laid down in the first indent of Article 8(4),from the point of landing to the industry of destination.
3. In accordance with the procedure laid down in Article 29, deroga-
tionsmay be granted from the provis ionsof Article 6(1)(b) and, asregards the staff responsible for carrying out the checks and for issuingcertificates, from those of Article 4(1) and Article 5(1) for border1997L0078 — EN — 01.05.2004 — 001.001 — 19
(1) OJ L 121, 12.5.1994, p. 3.
▼B
inspection posts where fish are presented in accordance with Council
Directive 91/493/EEC of 22 July 1991 laying down the health condi-tionsfor the production and the placing on the market of fis hery
products(
1).
Article 20
1. Without prejudice to the provisions of this Chapter, the official
veterinarian or the competent authority shall, where it is suspectedthat veterinary legislation has not been complied with or there is doubt
asto:
(a) the identity or actual destination of a product;
(b) whether the product corresponds to the guarantees laid down in the
legislation for that kind of product;
(c) compliance with the animal or public health guaranteeslaid down
in Community legislation;
carry out any veterinary checksthe veterinarian or authority deems
appropriate in order to confirm or rule out suspicion.
The products checked must remain under the supervision of the compe-
tent authority until the results of the checks are obtained.
If the suspicions are confirmed, checks on products of the same origin
must be intensified in accordance with Article 17(3).
2. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 21
1. The Republic of Austria shall have a period of three years from
the date of entry into force of the Accession Treaty to introduce the
checking system provided for in this Chapter. During that transitionalperiod Austria 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 29. Those measures
shall ensure that all the necessary checks are carried out as close as
possible to the Community's external frontier.
2. The Republic of Finland shall have a period of two years from
the date of entry into force of the Accession Treaty to introduce thechecking system provided for in this Chapter. During that transitionalperiod 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 29. Those measures
shall ensure that all the necessary checks are carried out as close as
possible to the Community's external frontier.
3. At the request of a Member State, the requirements of the eighth
indent of Annex II may, in accordance with the procedure laid down inArticle 29, be waived for border posts located at the border of applicantcountriesfor a period of two yearsfollowing 1 July 1999.
4. Asregardsthe border with Romania and with res pect only to the
facilitiesto be provided, a s pecial regime with Hungary for a period ofthree years from the date of accession shall apply. During this transi-tional period Hungary shall apply the measures which will be
determined before the date of accession in accordance with the proce-
dure laid down in Article 29.
Before the end of this period of 3 years, the situation will be reviewed
and the necessary measures will be adopted according to the procedurelaid down in Article 29.1997L0078 — EN — 01.05.2004 — 001.001 — 20
(1) OJ L 268, 24.9.1991, p. 15. Directive aslas t amended by Directive 96/23/
EC (OJ L 125, 23.5.1996, p. 10).▼A1
▼B
CHAPTER II
SAFEGUARDPROVISIONS
Article 22
1. If, in the territory of a third country, a disease referred to in
Council Directive 82/894/EEC of 21 December 1982 on the notifica-
tion of animal diseases within the Community (1), a zoonosis or other
disease or any other phenomenon or circumstance liable to present aserious threat to animal or public health manifests itself or spreads, orif any other serious animal health or public health reason so warrants,in particular in the light of the findingsof itsveterinary expertsor inthe checks carried out in a border inspection post, the Commission
shall, acting on its own initiative or at the request of a Member State,
adopt one of the following measures without delay, depending on thegravity of the situation:
— suspend imports from all or part of the third country concerned, and
where appropriate from the third country of transit,
— set special conditions in respect of products coming from all or part
of the third country concerned,
— draw up, on the basis of actual findings, requirements for appro-
priate checks, which may include specifically looking for risks topublic or animal health and, depending on the result of thosechecks, increase the frequency of the physical checks.
2. If any one of the checksprovided for in thisDirective indicates
that a consignment of products is likely to constitute a danger to animal
or human health, the competent veterinary authority shall immediatelytake the following measures:
— it shall seize and destroy the consignment in question,
— it shall immediately inform the other border inspection posts and
the Commission of the findings and of the origin of the products,
in accordance with Decision 92/438/EEC.
3. In the case provided for in paragraph 1, the Commission may take
provisional safeguard measures in respect of products covered by Arti-cles11, 12 and 13.
4. Representatives of the Commission may make an immediate visit
to the third country concerned.
5. Where a Member State officially informs the Commission of the
need to take safeguard measures and the latter has not applied theprovisions of paragraphs 1 to 3 or has not informed the Standing Veter-inary Committee in accordance with paragraph 6, the Member State
may take interim safeguard measures in respect of the products in ques-
tion.
When a Member State takes interim safeguard measures in respect of a
third country or an establishment in a third country under this para-graph, it shall inform the other Member States and the Commissionthereof in the Standing Veterinary Committee.
Within 10 working daysthe Standing Veterinary Committee s hall have
the matter referred to it, pursuant to the terms of Article 28, with aview to the extension, amendment or repeal of the measures providedfor in paragraphs1 and 3. The procedure provided for in Article 28may also be used for adopting the necessary decisions, including thoserelating to intra-Community movement of productsand to trans it.
6. Decisions to amend, repeal or extend measures decided on under
paragraphs1, 2, 3 and 5 s hall be taken in accordance with the proce-dure laid down in Article 28.1997L0078 — EN — 01.05.2004 — 001.001 — 21
(1) OJ L 378, 31.12.1982, p. 58. Directive aslas t amended by the 1994 Act of
Accession.
▼B
7. Detailed rulesfor the application of thisChapter s hall be adopted,
where necessary, in accordance with the procedure laid down in Article29.
CHAPTER III
INSPECTIONANDCHECKS
Article 23
1. Whenever uniform application of the requirementsof thisDirec-
tive renders it necessary, veterinary experts from the Commission may,in conjunction with the competent authorities:
(a) verify that the Member Statesare complying with the s aid require-
ments;
(b) make on-the-spot checks to ensure that the checks are carried out in
accordance with thisDirective.
2. 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.
The outcome of the checks made must be discussed with the competent
authority of the Member State concerned before a final report isdrawnup and circulated.
3. Where the Commission deems that the outcome of checks so
justifies, it shall review the situation within the Standing VeterinaryCommittee. It may adopt the necessary decisions in accordance withthe procedure laid down in Article 28.
4. The Commission shall monitor developments; in the light of such
developmentsand in accordance with the procedure laid down inArticle 28, it may amend or repeal the decisions referred to in para-graph 5.
5. Detailed rulesfor the application of thisArticle s hall be adopted,
where necessary, in accordance with the procedure laid down in Article29.
Article 24
1. Where the checksprovided by thisDirective give groundsfor
believing that Community veterinary legislation has been seriously or
repeatedly infringed the competent authority shall take the following
measures in respect of products involved in such use or in the originof such products:
— it shall inform the Commission of the nature of the products used
and the consignment concerned; the Commission shall forthwithinform all border inspection posts,
— Member States shall carry out more stringent checks on all consign-
mentsof productsfrom the s ame origin. In particular, the next 10
consignments from the same origin must be impounded, and adeposit lodged against inspection costs, at the border inspectionpost for a physical check, including the taking of samples and thelaboratory tests provided for in Annex III.
Where such additional checks confirm non-compliance with
Community legislation, the offending consignment or part thereofmust be disposed of in accordance with Article 17(2)(a) and (b),
— the Commission shall be informed of the outcome of the more strin-
gent checks and on the basis of this information shall make all
necessary investigations, to identify the reasons for and origins of
the infringementsfound.
2. Where the checksreveal that the maximum res idue limitshave
been exceeded, use shall be made of the checks referred to in the
second indent of paragraph 1.
3. If, in cases involving third countries which have concluded
equivalence agreementswith the Community or third countrieswhos e1997L0078 — EN — 01.05.2004 — 001.001 — 22
▼B
consignments are checked less frequently, the Commission, after
making enquiriesof the competent authoritiesof the third countryconcerned, concludesthat it hasfailed to fulfil itsobligationsand the
guaranteesgiven by the plansreferred to in Article 29(1) of Directive
96/23/EC, it shall cease to allow that country, under the procedure laiddown in Article 29 of thisDirective, to benefit from les sfrequentchecks for the products in question until the third country in questionhas made good its shortcomings. The same procedure shall be used for
withdrawing the suspension.
If necessary, in order to re-establish the benefit afforded by the said
agreements, a Community deputation including experts from theMember States shall visit the country concerned, at that country's
expense, in order to verify that such measures have been taken.
Article 25
1. Where, on the basis of the checks carried out at the point where
the productsare marketed, a competent authority of a Member State
considers that this Directive is not being complied with at a border
inspection post, or in a customs warehouse, free zone or free ware-house referred to in Article 12, of another Member State, it shallcontact the competent central authority of that Member State withoutdelay.
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 decisions 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 competentauthority of the Member State in question, the possible ways andmeans of remedying the situation, where necessary by visiting theMember State in question.
Where the checks referred to in the first subparagraph show repeated
non-compliance with thisDirective, the competent authority of theMember State of destination shall so inform the Commission and thecompetent authoritiesof the other Member States .
The Commission may, at the request of the competent authority of the
Member State of destination or on its own initiative, and takingaccount of the type of infringementscomplained of:
— send an inspection team to the Member State in question in
conjunction with the competent national authorities,
— request the competent authority to step up the checks carried out at
the border inspection post, customs warehouse, free zone or free
warehouse in question.
Pending the Commission's findings, the Member State implicated must,
at the request of the Member State of destination, step up checks at the
border inspection post, customs warehouse, free zone or free warehouse
concerned.
The Member State of destination may, for its part, intensify checks on
products coming from these sources.
At the request of one the two Member States concerned — where the
irregularities are confirmed by the inspection referred to in the firstindent of the fifth subparagraph — the Commission must, in accor-dance with the procedure laid down in Article 28, take the appropriate
measures. Those measures must be confirmed or reviewed as soon as
possible in accordance with the same procedure.
2. Rightsof appeal available under the lawsin force in the Member
States against decisions by the competent authorities shall not be
affected by thisDirective.
Decisions taken by the competent authority and the reasons for such
decisions shall be notified to the person responsible for the loadconcerned by such decisions, or to his representative.1997L0078 — EN — 01.05.2004 — 001.001 — 23
▼B
If the person concerned responsible for the load or his representative so
requests, the said decisions and reasons shall be forwarded to him inwriting, together with detailsof the rightsof appeal available to him
under the law in force in the Member State performing the checks,
and also the procedure and time-limits applicable.
3. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 29.
Article 26
1. Each Member State shall draw up a programme for the exchange
of officialsempowered to carry out checkson productscoming from
third countries.
2. The Commission and the Member States shall coordinate the
programmesreferred to in paragraph 1 within the Standing VeterinaryCommittee.
3. Member States shall take all the measures necessary to allow
implementation of the programmesres ulting from the coordinationreferred to in paragraph 2.
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 Statess hall take into account the experience gained in
order to improve and develop the exchange programmes.
6. A financial contribution from the Community must be granted in
order to promote the efficient development of exchange programmes.
Detailed rulesfor the Community'sfinancial contribution and the es ti-mated amount to be charged to the Community budget are laid down inCouncil Decision 90/424/EEC of 26 June 1990 on expenditure in theveterinary field (
1).
7. Detailed rulesfor the application of paragraphs1, 4 and 5 s hall
be adopted where necessary, in accordance with the procedure laiddown in Article 29.
Article 27
Member States shall ensure that the official veterinarians assigned to
border inspection posts must participate in the special trainingprogrammesreferred to in thisArticle.
The Commission, in accordance with the procedure laid down in
Article 29, shall draw up guidelines for such programmes.
The Commission shall, at least once a year, organise seminars for those
running the programmesto ens ure that they are coordinated.
The measures provided for in this Article shall be financed in accor-
dance with Title III of Decision 90/424/EEC.
CHAPTER IV
GENERALPROVISIONS
Article 28
Where reference ismade to the procedure provided for in thisArticle,
the Standing Veterinary Committee set up by Council Decision 68/361/EEC (
2) shall take decisions in accordance with the rules laid down in
Article 17 of Directive 89/662/EEC.1997L0078 — EN — 01.05.2004 — 001.001 — 24
(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Decision 94/370/
EC (OJ L 168, 2.7.1994, p. 31).
(2) OJ L 255, 18.10.1968, p. 23.
▼B
Article 29
Where reference ismade to the procedure defined in thisArticle, the
Standing Veterinary Committee shall take decisions in accordance
with the ruleslaid down in Article 18 of Directive 89/662/EEC.
Article 30
AnnexesII and III may be s upplemented in accordance with the proce-
dure laid down in Article 29.
Article 31
This Directive shall be without prejudice to obligations arising from
customs rules.
Article 32
Member States may make use of the Community financial assistance
provided for in Article 38 of Decision 90/424/EEC for the implementa-
tion of thisDirective.
Article 33
Directive 90/675/EEC shall be repealed with effect from 30 June 1999.Acts adopted on the basis of Directive 90/675/EEC must remain in
force until provisions intended to replace them are adopted on the basisof thisDirective.
Each act adopted on the basis of this Directive must, if appropriate,
specify the date from which its provisions will replace the corre-sponding provisions in the act adopted on the basis of Directive 90/
675/EEC.
References to the Directive repealed shall be construed as references to
this Directive and shall be correlated in accordance with the table setout in Annex IV.
Article 34
1. Member States shall adopt and publish the laws, regulations and
administrative provisions necessary to comply with this Directivebefore 1 July 1999. They shall forthwith inform the Commissionthereof.
They shall apply those provisions as from 1 July 1999.When Member States adopt these provisions, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference at the
time of their official publication. The procedure for making such refer-ence shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the fieldgoverned by thisDirective.
Article 35
ThisDirective s hall enter into force on the 20th day following that of
itspublication in the Official Journal of the European Communities .
Article 36
This Directive is addressed to the Member States.1997L0078 — EN — 01.05.2004 — 001.001 — 25
▼A1
ANNEX I
TERRITORIESLISTEDINARTICLE1
1. The territory of the Kingdom of Belgium.
2. The territory of the Czech Republic.3. The territory of the Kingdom of Denmark with the exception of the Faroe
Islands and Greenland.
4. The territory of the Federal Republic of Germany.5. The territory of the Republic of Estonia.
6. The territory of the Hellenic Republic.
7. The territory of the Kingdom of Spain with the exception of Ceuta and
Melilla.
8. The territory of the French Republic.
9. The territory of Ireland.
10. The territory of the Italian Republic.11. The territory of the Republic of Cyprus.
12. The territory of the Republic of Latvia.
13. The territory of the Republic of Lithuania.14. The territory of the Grand Duchy of Luxembourg.
15. The territory of the Republic of Hungary.
16. The territory of the Republic of Malta.17. The territory of the Kingdom of the Netherlandsin Europe.18. The territory of the Republic of Austria.
19. The territory of the Republic of Poland.
20. The territory of the Portuguese Republic.21. The territory of the Republic of Slovenia.
22. The territory of the Slovak Republic.
23. The territory of the Republic of Finland.24. The territory of the Kingdom of Sweden.25. The territory of the United Kingdom of Great Britain and Northern Ireland.1997L0078 — EN — 01.05.2004 — 001.001 — 26
▼B
ANNEX II
APPROVEDREQUIREMENTSFORBORDERINSPECTIONPOSTS
In order to obtain Community approval, border inspection posts must have:
— the staff necessary to check the documents (public health and animal health
certificatesor any other document laid down by Community legis lation)
accompanying the products,
— sufficient numbers, in relation to the quantity of products dealt with by the
border inspection post, of veterinary and auxiliary staff specially trained to
carry out checksthat productscorres pond to the accompanying documents
and systematic physical checks of each product consignment,
— sufficient staff to take and process random samples of product consignments
presented at a given border inspection post,
— sufficiently large premises available to the staff responsible for carrying out
veterinary checks,
— appropriate hygienic premises and facilities for carrying out routine analyses
and taking samples in accordance with this Directive,
— appropriate hygienic premises and facilities for taking and processing the
samples for the routine checks laid down in Community rules (microbiolo-
gical standards),
— the services of a specialised laboratory able to carry out special analyses on
the samples taken at that post,
— premises and cold stores for the storage of part-consignments taken for
analysis and products whose release for free circulation has not been
authorised by the veterinary officer responsible for the border inspection
post,
— appropriate equipment for the rapid exchange of information, in particular
with other border inspection posts (through the computerised system
provided for in Article 20 of Directive 90/425/EEC or the Shift project),
— the services of an establishment qualified to carry out the treatment provided
for in Directive 90/667/EEC.1997L0078 — EN — 01.05.2004 — 001.001 — 27
▼B
ANNEX III
PHYSICALCHECKOFTHEPRODUCTS
The aim of the physical check of the animal products is to ensure that the
products still meet the purpose mentioned on the veterinary certificate or docu-
ment: the guaranteesof origin certified by the third country mus t accordingly be
verified while ensuring that the subsequent transport of the product has not
altered the original guaranteed condition, by meansof:
(a) sensory examinations: smell, colour, consistency, taste;
(b) simple physical or chemical tests: cutting, thawing, cooking;
(c) laboratory tests to detect:
residues,pathogens,
contaminants,
evidence of alteration.
Whatever the type of product, the following must be carried out:
(a) a check on the conditionsand meansof trans port to identify in particular
any shortcomings or breaks in the cold chain;
(b) the real weight of the consignment and that indicated on the veterinary certi-
ficate or document must be compared, and the whole consignment weighed
where necessary;
(c) the wrapping materials and all markings (stamps, lavels) thereon must be
checked to ensure their conformity with Community legislation;
(d) the temperature required by Community legislation must be checked to
ensure compliance during transport;
(e) en entire set of packages, or samples in the case of bulk products must be
examined before undergoing sensory examination and physical, chemical
and laboratory tests.
The tests must be carried out on a whole range of samples drawn from the
entire consignment, which may be partially unloaded where necessary to
ensure that all parts of it are reached.
The examination must cover 1 % of the items or packages in a consignment,
from a minimum of two items/packages to a maximum of ten.
However, depending on the products and the circumstances, the veterinary
authorities may insist on more extensive checks.
In the case of bulk goods, at least five samples must be taken from various
partsof the cons ignment;
(f) where random laboratory tests are undertaken which cannot provide
immediate results, and there is no immediate danger to public or animal
health, the consignment may be released.
However, where the laboratory tests have been carried out because of a
suspicion of irregularity or previous tests have given positive results, the
consignments may not be released until the test results are negative;
(g) the means of transport must be fully unloaded only in the following cases:
— loading was done in such a way as to make access to the entire consign-
ment impossible by partial unloading alone,
— sample checks have revealed irregularities,— the previous consignment has shown irregularities,— the official veterinarian suspects irregularities;
(h) once the physical check has been completed, the competent authority must
certify the check by closing and officially stamping all the opened packages
and by resealing all the containers, the number of the seal being then
entered on the border transit document.1997L0078 — EN — 01.05.2004 — 001.001 — 28
▼B
ANNEX IV
TABLEOFCORRESPONDENCE
Directive 90/675/EEC ThisDirective
Article 1 Article 1
Article 2(1) Article 2(1)
Article 2(2)(a) Article 2(2)(a)
Article 2(2)(b) Article 2(2)(b)Article 2(2)(c) Article 2(2)(c)
Article 2(2)(d) Article 2(2)(d)
Article 2(2)(e) Article 2(2)(e)
Article 2(2)(f) Article 2(2)(f)
Article 2(2)(g) Article 2(2)(g)
Article 2(2)(h) Article 2(2)(k)
Article 3 —
Article 4 —
Article 5 Article 12
Article 6 Article 13
Article 7 —
Article 8(1) —
Article 8(2) Article 4(4)(b)
Article 8(3) Article 10
Article 8(4) Article 9
Article 9 Article 6
Article 10 —
Article 11 —
Article 12 Article 11Article 13 Article 14
Article 14 Article 16
Article 15 —
Article 16 Article 17
Article 17 Article 18
Article 18 Article 19
Article 18a Article 21
Article 19 Article 22
Article 20 Article 23
Article 21 Article 25
Article 22 Article 26
Article 23 Article 28
Article 24 Article 29
Article 25 Article 30
Article 26 Article 31
Article 27 —
Article 28 —
Article 29 —
Article 30 —
Article 31 Article 32
Article 32 Article 34Article 33 Article 361997L0078 — EN — 01.05.2004 — 001.001 — 29
▼B
Directive 90/675/EEC ThisDirective
Annex I Annex I
Annex II Annex II
— Annex III1997L0078 — EN — 01.05.2004 — 001.001 — 30