6. 10. 90 Official Journal of the European Communities No C 252/13 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) laying down the principles governing the organization 
of veterinary checks on products entering the Community from third countries 
COM(90) 385 final 
(Submitted by the Commission on 24 August 1990) 
(90/C 252/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the animal products or products of animal 
origin and plant products which are subject to checks 
intended to prevent the spread of contagious diseases in 
animals are listed in Annex II to the Treaty; 
Whereas the laying down at Community level of prin­
ciples governing the organization of veterinary checks on 
products from third countries helps to guarantee security 
of supply and market stability, at the same time 
harmonizing the measures necessary to ensure the 
protection of animal and public health; 
Whereas Article 19 of Council Directive 89/662/EEC of 
11 December 1989 concerning veterinary checks in intra-
Community trade with a view to the completion of the 
internal market (') provides, in particular, that the 
Council must fix, before 31 December 1990, the general 
principles applicable to checks on imports from third 
countries of products covered by the said Directive; 
Whereas each consignment of products from third 
countries must be subjected to documentary checks on 
entering the Community; 
(') OJ No L 395, 30. 12. 1989, p. 13. Whereas principles valid throughout the Community 
should be fixed concerning the organization and 
follow-up of physical and identity checks to be carried 
out by the competent authorities; 
Whereas provision must be made for safeguard 
arrangements; whereas, in this context, the Commission 
must be able to act, particularly by making visits to the 
places concerned and adopting appropriate measures to 
rectify the situation; 
Whereas, if the system of checks is to function smoothly, 
inspection posts must be checked and exchanges should 
take place between officials empowered to carry out 
checks on products originating in third countries; 
Whereas the laying down at Communnity level of 
common principles is all the more necessary given that 
border controls are to be abolished in view of the 
completion of the internal market; 
Whereas the task of adopting measures for the 
application of this Regulation should be entrusted to the 
Commission, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Without prejudice to special provisions arising from 
specific Community rules, Member States shall carry out 
veterinary checks in respect of products entering the 
Community from third countries in accordance with this 
Regulation. 
No C 252/14 Official Journal of the European Communities 6. 10. 90 
2. This Regulation shall be without prejudice to the 
continued application of veterinary requirements in 
respect of the products concerned, where such 
requirements arise from Community rules or from 
national rules which have not yet been harmonized at 
Community level. 
Article 2 
1. For the purposes of this Regulation, the definitions 
contained in Article 2 of Directive 89/662/EEC shall 
apply. 
2. In addition: 
(a) 'products' 
means animal products or products of animal origin, 
or plant products where the purpose of the check is 
to prevent the spread of contagious diseases in 
animals. If necessary, a list of such products shall be 
drawn up in accordance with the procedure laid 
down in Article 22; 
(b) 'documentary check' 
means verification of the documents accompanying a 
product which is itself not subjected to any check; 
(c) 'identity check' 
means verification, by visual inspection only, of the 
correspondence between the documents and a 
product which is itself not subjected to any physical 
check; 
(d) 'physical check' 
means a check of the product itself, possibly 
including sampling and laboratory testing. 
CHAPTER I 
Organization and effects of checks 
Article 3 
1. Each consignment of products from a third country 
shall be subjected to a documentary check by the 
competent authorities irrespective of the customs desti­
nation of the products. 
2. The documentary check referred to in paragraph 1 
shall be carried out on entry into the territory defined in 
the Annex. 
3. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. Article 4 
1. The competent authorities shall carry out an 
identity check of products to be placed under the 
customs warehousing or temporary storage procedure. 
2. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
Article 5 
1. This Article shall apply in respect of products to be 
marketed for consumption in the territory of the 
Member State which carried out the check referred to in 
Article 3 and products which have been the subject of 
harmonization at Community level. 
2. Such products shall be conveyed directly, under 
customs supervision, to the inspection post referred to in 
Article 6. Each consignment shall be subjected to an 
identity check and a physical check. The identity check 
and physical check shall be based on random sampling at 
intervals laid down in accordance with paragraph 5. 
3. However, by way of derogation from paragraph 2, 
for products entering a port or an airport in the territory 
defined in the Annex, the checks may be carried out in 
the port or airport of destination, provided that such 
port or airport has an inspection post as referred to in 
Article 6, and that the products are transported, as the 
case may be, by sea or by air. In such cases, Article 8 (6) 
shall apply. 
4. The derogations in paragraph 2 may be granted in 
accordance with the procedure laid down in Article 22 in 
order to take account of the type of product, particularly 
in the case of plant products. 
5. Without prejudice to the provisions applicable to 
certain products, detailed rules for the application of 
paragraph 2 shall be adopted in accordance with the 
procedure laid down in Article 22. 
Article 6 
1. The inspection post must satisfy the requirements 
of this Article. 
2. The inspection post must be located in the 
immediate vicinity of the point of entry into the territory 
defined in the Annex. In the case of goods entering the 
Community by rail or by road, however, where 
geographical conditions so warrant and where a Member 
State so requests and provides the necessary justification, 
a derogation may be granted in accordance with the 
procedure laid down in Article 22. 
6. 10. 90 Official Journal of the European Communities No C 252/15 
3. The inspection post must be subject to the authority 
of an official veterinarian, who shall be effectively 
responsible for the checks. The official veterinarian may 
be assisted in the performance of purely material duties 
by assistants specially trained for the purpose. The 
procedures for such assistance shall be adopted in 
accordance with the procedure laid down in Article 22. 
4. Without prejudice to the provisions applicable to 
certain products, guidelines for the approval of 
inspection posts shall be adopted, where necessary, in 
accordance with the procedure laid down in Article 22. 
5. Member States shall approve inspection posts and 
communicate to the Commission and the other Member 
States a list of approved inspection posts, specifying the 
type of product for which the approval has been granted. 
Article 7 
1. For products which have been the subject of 
harmonization at Community level and are not intended 
for consumption in the territory of the Member State 
which carried out the check referred to in Article 5 (2), 
the official veterinarian in charge of the inspection post 
referred to in Article 6 shall: 
— provide the person concerned with a copy or, if the 
consignment of goods is split, copies of the original 
certificates accompanying the goods, 
— issue a certificate showing that the checks referred to 
in Article 5 have been carried out, 
— keep the original certificate or certificates accom­
panying the goods. 
2. Without prejudice to the provisions applicable to 
certain products, detailed rules for the application of 
paragraph 1 shall be adopted in accordance with the 
procedure laid down in Article 22. 
3. Intra-Community trade in the products referred to 
in paragraph 1 shall be conducted in accordance with the 
rules laid down in Directive 89/662/EEC. 
Article 8 
1. This Article shall apply in respect of products which 
have not yet been the subject of harmonization at 
Community level and which, after entering the 
Community, are to be forwarded to another Member 
State. 
2. Each consignment of products shall be subjected to 
a random identity check carried out by the competent 
authority at intervals laid down in accordance with 
paragraph 10, before being forwarded to another 
Member State. 3. Before being released for consumption, each 
consignment of products shall be subjected to a random 
physical check at intervals laid down in accordance with 
paragraph 10. 
4. The physical check referred to in paragraph 3 may 
be carried out at the inspection post referred to in Article 
6, situated in the territory of the Member State of entry. 
In such cases, the official veterinarian at the inspection 
post shall: 
— provide the person concerned with a copy or, if the 
consignment of goods is split, copies of the original 
certificates accompanying the goods, 
— issue a certificate showing that checks have been 
carried out confirming that the products comply with 
the rules of the country of destination, 
— keep the original certificate or certificates accom­
panying the goods. 
5. In the case referred to in paragraph 4, intra-
Community trade in the products concerned shall be 
conducted in accordance with the rules laid down in 
Directive 89/662/EEC. 
6. The physical check referred to in paragraph 3 may 
be carried out at the inspection post referred to in Article 
6, situated in the territory of the Member State of desti­
nation. In such cases, the competent authorities carrying 
out the check provided for in paragraph 2 shall: 
— inform the official veterinarian at the inspection post 
of the Member State of destination of the passage of 
the products, 
— specify the fact of passage on the copy or, if the 
consignment of goods is split, copies of the original 
certificates, 
— keep the original certificate or certificates accom­
panying the goods. 
7. Where special conditions so warrant and where a 
Member State so requests and provides the necessary 
justification, the physical check provided for in 
paragraph 3 may be carried out in a place other than 
those referred to in paragraphs 4 and 6. Such a place 
shall be determined in each case in accordance with the 
procedure laid down in Article 22. In such cases the 
products shall be transported under the Community 
transit system (external procedure) in vehicles or 
containers sealed by the competent authority. 
No C 252/16 Official Journal of the European Communities 6. 10. 90 
8. Member States shall inform the Commission of the 
decision made as regards the place of the physical check 
provided for in paragraph 3. Where necessary, measures 
to ensure cooperation between Member States shall be 
adopted in accordance with the procedure laid down in 
Article 22. 
9. If the physical check referred to in paragraph 3 
shows that the product may not be cleared for 
consumption, Article 13 shall apply. However, where the 
product must be re-exported, such re-exportation may 
not take place until the consent of the competent auth­
orities of any transit Member States has been obtained. 
10. Without prejudice to the provisions applicable to 
certain products, detailed rules for the application of this 
Article shall be adopted in accordance with the 
procedure laid down in Article 22. 
Article 9 
1. This Article shall apply in respect of products to be 
transported from one third country to another. 
2. Transport as referred to in paragraph 1 shall be 
authorized by the competent authority subject to the 
following conditions: 
(a) the check referred to in Article 3 has been carried 
out, with satisfactory findings for the competent 
authority. Where fraud is suspected, the said 
authority may carry out all appropriate checks; 
(b) the person concerned provides the competent 
authority with evidence that the first third country 
to which the product is to be forwarded after 
transit across the territory defined in the Annex 
hereto undertakes not to re-consign the goods to 
the Community under any circumstances; 
(c) transport in the territory defined in the Annex must 
take place under the Community transit system 
(external procedure) or another customs transit 
system provided for in Community rules. 
3. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
Article 10 
1. The competent authority shall carry out an identity 
check and, where appropriate, a physical check on 
products for which the customs destination is other than 
as provided for in Articles 4, 5, 8 and 9. 2. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
Article 11 
1. Derogations from this Chapter may be granted, in 
accordance with the procedure laid down in Article 22, 
in particular in respect of: 
— products contained in the personal luggage of 
travellers and intended for their own consumption, 
— products in small consignments addressed to private 
individuals insofar as such consignments are strictly 
non-commercial, 
— products carried as supplies for staff and passengers 
aboard transport vehicles engaged in international 
transport. 
2. For the purposes of paragraph 1, specific conditions 
under which such derogations may be granted shall be 
adopted in accordance with the procedure laid down in 
Article 22. 
3. Pending decisions concerning the derogations 
referred to in paragraphs 1 and 2, derogations pursuant 
to Article 1 (2) (b), (c), (d) and (e) of Council Directive 
72/462/EEC (') shall apply in respect of this Chapter. 
Article 12 
Where fraud is suspected or there is doubt as to the 
identity of a product, the competent authority shall carry 
out any checks it deems appropriate. 
Article 13 
1. Where the checks referred to in this Regulation 
show the competent authority that the product does not 
satisfy the requirements laid down in the Community 
rules or national rules in matters which have not yet been 
the subject of Community harmonization, or where such 
checks reveal an irregularity, the competent authority, 
after consultation with the importer or his representative, 
shall decide either: 
— to re-dispatch the consignment outside the territory 
defined in the Annex, or 
— to destroy the consignment. 
0) OJ No L 302, 31. 12. 1972, p. 28. 
6. 10. 90 Official Journal of the European Communities No C 252/17 
2. Derogations from paragraph 1 may be provided for 
in specific Community rules, or in accordance with the 
procedure laid clown in Article 22, in particular 
permitting the use of products for purposes other than 
human consumption. In the context of such derogations, 
conditions shall be adopted with regard to the use of the 
products concerned in accordance with the same 
procedure. 
3. Costs incurred in the process of re-dispatching or 
destroying the consignment or using the product for 
other purposes shall be charged to the importer or his 
representative. 
4. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
5. Provisions concerning the communication of infor­
mation to the Member States will be adopted in the 
context of the programme for developing the computeri­
zation of veterinary procedures in respect of imports 
(Shift project). 
6. The competent authorities shall, where appropriate, 
communicate to the Commission and the other Member 
States any information at their disposal in accordance 
with Council Directive 89/608/EEC ('). 
CHAPTER II 
Safeguard provisions 
Article 14 
1. If, in the territory of a third country, a disease 
referred to by Council Directive 82/894/EEC (2), a 
zoonosis, a disease or other cause liable to present a 
serious threat to animal or public health breaks out or 
spreads, or if any other serious animal health or public 
health reason so warrants, the Commission may, as a 
protective measure, prohibit imports or apply special 
conditions to imports of products originating directly or 
indirectly from the third country concerned or part of 
the territory thereof. 
2. Representatives of the Commission may make an 
immediate visit to the third country concerned. 
Article 15 
1. Without delay the Commission shall review the 
situation within the committee referred to in Article 20. 
It may adopt the necessary decisions in accordance with 
the procedure laid down in Article 21, including those 
relating to intra-Community movements of products. 
(') OJ No L 351, 2. 12. 1989, p. 34. 
(2) OJ No L 378, 31. 12. 1982, p. 58. 2. Decision to modify, cancel or prolong measures 
decided by virtue of Article 14(1) shall be taken in 
accordance with the procedure laid down in Article 21. 
Article 16 
Detailed rules for the application of this Chapter shall be 
adopted, where necessary, in accordance with the 
procedure laid down in Article 22. 
CHAPTER III 
Inspection 
Article 17 
1. Veterinary experts from the Commission shall, in 
collaboration with the competent authorities, check that 
the inspection posts approved in accordance with Article 
6 (5) satisfy the guidelines adopted in accordance with 
paragraph 4 of that Article. 
2. Veterinary experts from the Commission may, in 
collaboration with the competent authorities, make 
on-the-spot checks. 
3. A Member State in whose territory an inspection is 
made shall provide the veterinary experts from the 
Commission with any assistance they may require in the 
performance of their tasks. 
4. The Commission shall inform the Member States of 
the outcome of the checks. 
5. Where the Commission deems that the outcome of 
the checks so justifies, it shall review the situation within 
the committee referred to in Article 20. It may adopt the 
necessary decisions in accordance with the procedure 
laid down in Article 22. 
6. The Commission shall monitor developments and, 
in accordance with the procedure laid down in Article 
22, amend or repeal, in the light of the developments, 
the decisions referred to in paragraph 5. 
7. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
Article 18 
1. Where, on the basis of the checks carried out at the 
point where the products are marketed, a competent 
authority of a Member State considers that this Regu­
lation is not being complied with at an inspection post or 
at a point of arrival in another Member State, it shall 
contact the competent central authority of that Member 
State without delay. The latter shall take all the 
necessary measures and inform the competent authority 
of the first Member State of the decisions taken and the 
reasons for such decisions. 
No C 252/18 Official Journal of the European Communities 6. 10. 90 
2. If the competent authority of the first Member 
State believes the measures are insufficient it shall 
examine, with the competent authority of the Member 
State in question, the ways and means in which the 
situation could be rectified, where necessary by visiting 
the Member State in question. 
3. Where the checks referred to in paragraph 1 show 
repeated non-compliance with this Regulation, the 
competent authority of the Member State of destination 
shall inform the Commission and the competent auth­
orities of the other Member States. 
4. The Commission may, at the request of the 
competent authority of the Member State of destination 
or on its own initiative, and taking account of the type 
of infringements ascertained: 
— send an inspection team to the Member State in 
question, 
— instruct an official veterinarian, whose name must be 
on a list to be drawn up by the Commission on the 
basis of proposals from the Member States and who 
must be acceptable to all the parties involved, to 
verify the facts at the inspection post or point of 
entry in question, 
— request the competent authority to increase the 
checks carried out at the inspection post or point of 
entry in question. 
5. The Commission shall inform the Member States of 
its conclusions. Where it deems it necessary, it shall 
review the situation within the committee referred to in 
Article 20. It may adopt the necessary decisions in 
accordance with the procedure laid down in Article 22. 
6. The Commission shall monitor developments and, 
in accordance with the procedure laid down in Article 
22, amend or repeal, in the light of the developments, 
the decisions referred to in paragraph 5. 
7. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 22. 
Article 19 
1. Each Member State shall draw up a programme for 
the exchange of officials empowered to carry out the 
checks on products originating in third countries. 
2. The Commission and the Member States shall 
coordinate the programmes referred to in paragraph 1 
within the committee referred to in Article 20. 3. Member States shall take the necessary measures to 
allow implementation of the programmes resulting from 
the coordination referred to in paragraph 2. 
4. Each year, in the committee referred to in Article 
20, the implementation of programmes shall be reviewed 
on the basis of reports drawn up by the Member States. 
5. Member States shall take into account the 
experience gained in order to improve and develop the 
programme of exchanges. 
6. A financial contribution from the Community may 
be granted in order to promote the efficient development 
of exchange programmes. Detailed rules for the 
Community's financial contribution and the estimated 
amount to be charged to the Community budget will be 
laid down in Council Decision 90/424/EEC [concerning 
certain expenditure in the veterinary field] ('). 
7. Detailed rules for the application of paragraphs 1, 4 
and 5 shall be adopted, where necessary, in accordance 
with the procedure laid down in Article 22. 
CHAPTER VI 
General provisions 
Article 20 
The Commission shall be assisted by the Standing 
Veterinary Committee, set up by Council Decision 
68/361/EEC (2), hereinafter referred to as 'the 
Committee'. 
Article 21 
Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply: 
The representative of the Commission shall submit to the 
Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit of two days. The opinion shall be delivered by 
the majority laid down in Article 148 (2) of the Treaty in 
the case of decisions which the Council is required to 
adopt on a proposal from the Commission. The votes of 
the representatives of the Member States within the 
Committee shall be weighted in the manner set out in 
that Article. The chairman shall not vote. 
(') OJ No L 224, 18. 8. 1990, p. 19. 
O OJ No L 255, 18. 10. 1968, p. 23. 
6. 10. 90 Official Journal of the European Communities No C 252/19 
The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
If the measures envisaged are not in accordance with the 
opinion of the Committee, or if no opinion is delivered, 
the Commission shall without delay submit to the 
Council a proposal relating to the measures to be taken. 
The Council shall act by a qualified majority. 
If, on the expiry of a period of 15 days from the date of 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. 
Article 22 
Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply: 
The representative of the Commission shall submit to the 
Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the matter, if necessary by taking a 
vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to ask 
to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform the 
Committee of the manner in which its opinion has been 
taken into account. 
Article 23 
The Annex shall be amended in accordance with the 
procedure laid down in Article 22. 
Article 24 
This Regulation shall be without prejudice to obligations 
arising from customs rules. 
Article 25 
Directive 89/662/EEC is hereby amended as follows: '1. Member States shall ensure that, during the 
checks carried out at the places where products from 
a third country may be brought into the Community, 
such as ports, airports and frontier posts with third 
countries, 
(a) a documentary check is made on the products' 
origin; 
(b) products originating in the Community are 
subject to the rules on checks provided for in 
Article 5; 
(c) products from third countries are subject to the 
rules laid down in Council Regulation (EEC) No 
• • • C). 
(•) OJ No L ...., , p ' 
2. Article 22 is replaced by the following: 
Article 22 
The Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive not later than 1 July 1991. 
They shall inform the Commission thereof 
immediately. 
The provisions adopted pursuant to the first 
paragraph shall make express reference to this 
Directive. 
However, Greece shall have a further period of one 
year within which to comply therewith.' 
Article 26 
This Regulation shall enter into force on the thirtieth 
day following that of its publication in the Official 
Journal of the European Communities. 
It shall apply from 1 July 1991. 
1. Article 6 (1) is replaced by the following: This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
^oC^^O C^^ic^l]o^rn^lo^rh^Euroo^nC^Omrriunin^ oIO^O 
t The territory of the Kingdom of Belgium 
2 The territory of the Kingdom of Denmark with the exception of the Earoe Islands and Greenland 
3 The German territories in which the Treaty establishing the European Economic Community is 
applicable 
4 The territory of the Kingdom of Spain, with the exception of the Canary Islands, Ceuta and ^telilla 
^ The territory of the Elellemc republic 
^ The territory of the Erench republic in Europe 
B^ The territory of Ireland 
^ The territory of the Italian republic 
^ The territory of the Grand Duchy of Luxembourg 
tO The territory of the Kingdom of the Netherlands in Europe 
tt The territory of the Portuguese republic 
t2 The territory of the OnitedKindom of Great Britain and northern Ireland