1994D0360 — EN — 23.03.2002 — 010.001 — 1
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►B COMMISSIONDECISION
of20May1994
on the reduced frequency of physical checks of consignments of certain products to be imple-
mentedfromthirdcountries,underCouncilDirective 90/675/EEC
(94/360/EC)
(OJ L 158, 25.6.1994, p. 41)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/658/EC of 30 September 1994 L 256 29 4.10.1994
►M2Commission Decision 95/54/EC of 28 February 1995 L 53 36 9.3.1995
►M3Commission Decision 95/270/EC of 30 June 1995 L 165 24 15.7.1995
►M4Commission Decision 96/104/EC of 29 January 1996 L 24 31 31.1.1996
►M5Commission Decision 97/139/EC of 3 February 1997 L 55 13 25.2.1997
►M6Commission Decision 1999/302/EC of 30 April 1999 L 117 58 5.5.1999
►M7Commission Decision 1999/518/EC of 28 July 1999 L 197 50 29.7.1999
►M8Commission Decision 1999/609/EC of 10 September 1999 L 242 28 14.9.1999
►M9Commission Decision 2000/583/EC of 27 September 2000 L 246 67 30.9.2000
►M10Commission Decision 2002/237/EC of 21 March 2002 L 80 40 23.3.2002
▼B
COMMISSIONDECISION
of20May1994
on the reduced frequency of physical checks of consignments of
certain products to be implemented from third countries, under
CouncilDirective 90/675/EEC
(94/360/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990
laying down the principlesgoverning the organization of veterinarycheckson productsentering the Community from third countries (
1),
aslas t amended by Directive 92/118/EEC(2) and particularly Article 8
(3) thereof,
Whereas a reduction in the frequency of physical checks of consign-
mentsof productsimported from third countriess hould be fixed on
the basis of the criteria laid down in Article 8 (3) of Directive 90/675/EEC on experiencesin the Member Statesand the danger to public andanimal health in the Community;
Whereas, in addition, for certain third countries with which the
Community hasreached agreementson equivalency, a reduction in the
physical checks on certain products can be applied, taking into account,
inter alia , the application of the regionalization principle in the case of
an animal disease, and of other Community veterinary principles;
Whereasthe reduction in the frequency of phys ical checkswill be
carried out by each Member State; whereasit mus t be carried out insuch a way that it is not possible for an importer to predict whether
any particular consignment will be subject to a physical check;
Whereasthere isa need to review the level of reduction at regular
intervals based on information received by the Commission or theMember Stateson the implementation of the checksin border ins pec-tion posts;
Whereas Member States should immediately inform the Commission
when checks reveal that products do not satisfy the necessary require-
mentsor reveal any other irregularity;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. In application of Article (8) of Directive 90/675/EEC, the
Member States shall apply the reduction in the frequency of physical
checksfor the productsfrom third countriesaslaid down in Annex I
to this Decision, where Community decisions have been taken to estab-lish, without prejudice to the EEA agreement:
— a list of approved third countries,
— a list of approved establishments (animal health and public health),
and
— a model certificate (animal health and public health).
2. For the third countriesreferred to in Annex II, the level of
physical checks to be carried out by each Member State on consign-
ments of products of the same group shall be as laid down in thatAnnex.1994D0360 — EN — 23.03.2002 — 010.001 — 2
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 62, 15. 3. 1993, p. 49.
▼B
3. Paragraphs1 and 2 s hall apply without prejudice to Articles15
and 19 of Directive 90/675/EEC.
Where a Member State appliesthe meas uresprovided for in Article 15
of Directive 90/675/EEC, the sitution shall be urgently reviewed in
accordance with the procedure laid down in Article 23 of Directive90/675/EEC; for this purpose the Member State concerned shall imme-diately inform the Comission and the other Member States thereof, inparticular with a view to the implementation of the second subpara-graph of Article 3 (3) of thisDecis ion.
Article 2
Member States shall organize physical checks in such a way that it is
not possible for an importer to predict whether any particular consign-
ment will be subjected to a physical check.
Article 3
1. Member States shall ensure that each border inspection post listed
in Commission Decision 94/24/EC(1) maintainsa record of res ultsof
all checkson imported cons ignmentsof productsin accordance withAnnex III to this Decision, for at least 18 months from the time ofinspection. The record of results shall include consignments which arerejected for free circulation in the Community. The central veterinary
authority of each Member State shall be responsible for sending to the
Commission, before ►
M41 January 1996 ◄and thereafter every six
months, a summary of the results in the format set out at Annex III.
2. The Commission shall submit a report to the Standing Veterinary
Committee, on the basis of the summaries provided for in paragraph 1,for evaluation of the results of checks carried out.
3. The Commission shall, on the basis of the report referred to in
paragraph 2, review the frequenciess et out in AnnexesI and II twice
a year, and for the first time before ►
M415 May 1996 ◄.
The Commission shall also review, in accordance with the procedure
laid down in Article 23 of Directive 90/675/EEC, the frequenciesreferred to in Annexes I and II to this Decision at the request of aMember State or on itsown initiative, taking into account the criteria
laid down in Article 8 (3) of Directive 90/675/EEC, aswell asthe
application of the regionalization principle and of other Communityveterinary principles.
4. Were the veterinary checksreveal an irregularity which has
serious implications for animal or public health, Member States shallinform the Commission thereof without delay.
Article 4
The frequency of physical checks on consignments of products laid
down in Annex I to this Decision shall be without prejudice to the
provisions on physical checks set out in Directive 92/118/EEC or anyCommission decision made under that Directive, or in any otherCommunity legislation.
Article 5
Wherever a Council decision on equivalence veterinary agreements
defines specific frequencies of physical checks, the Commission shallinclude such frequencies in Annex II.1994D0360 — EN — 23.03.2002 — 010.001 — 3
(1) OJ No L 18, 21. 1. 1994, p. 16.▼M10
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▼B
Article 6
This Decision will be amended as soon as the Council adopts the rele-
vant modificationsin Directive 90/675/EEC.
Article 7
This Decision shall apply from ►M41 January 1997 ◄.
Article 3 shall apply as from the 15th day after the day of notification
of thisDecis ion.
Article 8
This Decision is addressed to the Member States.1994D0360 — EN — 23.03.2002 — 010.001 — 4
▼B
ANNEX I
GROUPS OF PRODUCTS AND THE FREQUENCIES OF PHYSICAL CHECKS WHICH
MUST BE CARRIEDOUT BY EACH MEMBER STATE ON CONSIGNMENTS OF
PRODUCTS IMPORTED FROM THIRD COUNTRY ESTABLISHMENTS REFERRED TO
INARTICLE1
Groupsof products Frequency of phys ical check
CategoryI
1. Fresh meat including offal, and products of the bovine, ovine,
caprine, porcine and equine species defined in Council Directive
92/5/EEC (1)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C15020 %2. Fish products in hermetically sealed containers intended to render
them stable at ambient temperatures, fresh and frozen fish and dry
and/or salted fishery products (
2)
3. Whole eggs
4. Lard and rendered fats
5. Animal casings
6. Hatching eggs
CategoryII
1. Poultry meat and poultry meat products/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C15050 %2. Rabbit meat, game meat (wild/farmed) and productsthereof
3. Milk and milk productsfor human cons umption
4. Egg products
5. Processed animal protein for human consumption
6. Other fishery products than those mentioned under Category I, 2,
and bivalve molluscs
7. Honey
CategoryIII
1. Semen /C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150minimum of 1 %
maximum of 10 %2. Embryos
3. Manure
4. Milk and milk products(not for human cons umption)
5. Gelatin6. Frog legsand s nails
7. Bonesand bone products
8. Hidesand s kins
9. Bristles, wool, hair, feathers
10. Horns, horn products, hooves and hoof products
11. Apiculture products
12. Hunting trophies
13. Processed petfood
14. Raw material for the manufacture of petfood
15. Raw material, blood, blood products, glands and organs for phar-
maceutical use
16. Blood productsfor technical us e
17. Pathogens
18. Hay and straw
(1) OJ No L 57, 2. 3. 1992 p. 1.
(2) Without prejudice to Article 10, subparagraph 2, of Directive 91/493/EEC (fresh fish).1994D0360 — EN — 23.03.2002 — 010.001 — 5
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ANNEX II
LIST OF THIRDCOUNTRIES ANDFREQUENCIES OF PHYSICAL
CHECKSREFERREDTOINARTICLE5
— In the case of New Zealand, the frequencies provided for in Council Deci-
sion 97/131/EC of 17 December 1996 on the conclusion of an Agreement in
the form of an Exchange of Lettersconcerning the provis ional application of
the Agreement between the European Community and New Zealand on sani-tary measures applicable to trade in live animals and animal products(
1).
— In the case of Norway, the Member States are authorized to retain frequen-
cieslower than thos e provided for in Annex I.
— In the case of Iceland, as regards the products listed in Annex I, category I,
2 and category II, 6, the Member Statesare authorized to retain frequencies
lower than those provided for in Annex I.
— In the case of Canada, the frequencies provided for in Article 11 and Annex
VIII of Council Decision 1999/201/EC of 14 December 1998 on the conclu-
sion of the Agreement between the European Community and the
Government of Canada on sanitary measures to protect public and animal
health in respect of trade in live animals and animal products(2).1994D0360 — EN — 23.03.2002 — 010.001 — 6
(1) OJ No L 57, 26. 2. 1997, p. 1
(2) OJ L 71, 18.3.1999, p. 1.▼M5
▼M8
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ANNEX III
1994D0360 — EN — 23.03.2002 — 010.001 — 7