COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 75 final 
Brussels, 15 March 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down the principles governing the organization of 
veterinary checks on animals entering the Community 
from third countries 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
When the Council adopted Directive 90/425/EEC concerning veterinary and 
zootechnical checks applicable in intra-Community trade in certain live 
animals and products with a view to the completion of the internal market*1), 
it undertook in particular to fix, before 1 January 1991, the general 
principles applicable to veterinary checks on animals imported from third 
countries. 
It is all the more necessary to fix common principles governing the 
organisation of checks and the movement inside the Community of animals from 
third countries given that internal border checks are to be abolished. 
The proposal adopts the following general principles : 
In all cases, a documentary check must be carried out on arrival in Community 
territory. Then, an identity check and a physical check must be carried out 
at an inspection post located in the immediate vicinity of the point of entry. 
After these checks, the animals shall be subject to the same system as 
Community animals. 
In addition to the general principles, the proposal provides for the approval 
and checking of inspection posts, the placing in quarantine of animals, the 
organization of follow-ups to the checks, the settlement of disputes, 
programmes for exchanges between officials and special cases. 
A general system of safeguards is proposed. It is for the Commission to take 
the necessary protection measures. The situation is reviewed as soon as 
possible within the Standing Veterinary Committee and the necessary decisions 
are adopted by the Commission in accordance with the so-called regulatory 
committee procedure (Formula 3.A.). 
(1) OJ No L 224, 18.8.1990, p. 29 
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Proposal for a 
COUNCIL REGULATION (EEC) 
laying down the principles governing the organization of 
veterinary checks on animals entering the Community 
from third countries 
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 live animals are listed in Annex II to the Treaty; 
Whereas the laying down at Community level of principles governing the 
organization of veterinary checks on animals 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 
pub Iic health; 
Whereas Article 23 of Council Directive 90/425/EEC of 26 June 1990 concerning 
veterinary and zootechnical checks applicable in intra-Community trade in 
certain live animals and products with a view to the completion of the 
internal market^) provides, in particular, that the Council must fix, 
before 1 January 1991, the rules and general principles applicable to checks 
on imports from third countries of animals covered by the said Directive; 
(1) 0J No L 224, 18.8.1990, p. 29. 
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Whereas each consignment of animals from third countries must be subjected to 
documentary checks on entering the Community; 
Whereas principles valid throughout the Community should be fixed concerning 
the organization and fol low-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 
situât ion; 
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 live animals originating in third countries-, 
Whereas the laying down at Community 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: 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
1. Without prejudice to special provisions arising from specific Community 
rules, Member States shall carry out veterinary checks in respect of 
animals entering the Community from third countries in accordance with this 
Régulât ion. 
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2. This Regulation shall be without prejudice to the continued application of 
veterinary requirements in respect of the animals 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 in Article 2 of 
Directive 90/425/EEC shall apply. 
2. In add it ion : 
(a) documentary check means verification of the documents accompanying an 
animal which is itself not subjected to any check; 
(b) identity check means verification, by visual inspection only, of the 
correspondence between the documents and an animal which is itself not 
subjected to any physical check; 
(c) physical check means a check of the animal itself, possibly including 
sampling and laboratory testing and, where applicable, the placing in 
quarantine and the tests carried out during quarantine. 
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CHAPTER I» 
ORGANIZATION AND EFFECTS OF CHECKS 
Article 3 
1. Each consignment of animals from a third country shall be subjected to a 
documentary check by the competent authorities irrespective of the customs 
destination of the animals. 
2. The documentary check shall be carried out on entry into the territory 
def ined in Annex I. 
3. Detailed rules for application of this Article shall be adopted, where 
necessary, in accordance with the procedure laid down in Article 21. 
Article 4 
1. Animals shall be conveyed directly, under customs supervision, to the 
inspection post referred to in Article 5, or, where applicable, to a 
quarantine centre referred to in Article 6. Each consignment of animals 
shall be subjected to an identity check and a physical check. The identity 
check and the physical check shall be based on random sampling using 
methods adopted in accordance with paragraph 3. 
2. However, by way of derogation from paragraph 1, for animals entering a port 
or an airport in the territory defined in Annex I, these checks may be 
carried out at the port or airport of destination, provided that such port 
or airport has an inspection post as referred to in Article 5, and that the 
animals are transported, as the case may be, by sea or by air in the same 
vessel or in the same aircraft. In such cases, the competent authority 
which carried out the documentary check shall inform the official 
veterinarian at the inspection post of the Member State of destination that 
the animals have passed through. 
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3. Detailed rules for the application of paragraph 1 shall bô adoptee* m 
accordance with the procedure laid down in Article 21. 
Article 5 
1. The inspection post referred to in Article 4(1) 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 Annex I. In the case of animals 
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 21. 
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 21. 
4. The general approval conditions for the inspection posts are laid down in 
Annex II. The Commission, in accordance with the procedure laid down in 
Article 21, shall adopt the special approval conditions applicable to the 
different animal species. 
5. The Commission shall approve the inspection posts in accordance with the 
procedure laid down in Article 21. 
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Article 6 
1. In cases where Community or national rules, in areas which have not been 
the subject of harmonization and in compliance with the general rules of 
the Treaty, provide for live animals to be placed in quarantine, or where 
the official veterinarian in charge of the inspection post so decides, such 
quarantine shall take place on the holding of destination or at a 
quarantine centre. 
2. The general approval conditions for quarantine centres are laid down in 
Annex III. The Commission, in accordance with the procedure laid down in 
Article 21, shall adopt the special approval conditions applicable to the 
different animal species. 
3. The Commission shall approve the quarantine centres in accordance with the 
procedure laid down in Article 21. 
Article 7 
1. Where the checks referred to in Articles 3 and 4 show that the veterinary 
conditions for importation have actually been complied with and that there 
is no danger to public or animal health, the official veterinarian in 
charge of the inspection post referred to in Article 5 shall: 
- provide the person concerned with an authenticated copy or, if the 
consignment of goods is split, copies of the original certificates 
relating to the animals; 
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- issue a certificate showing that the checks referred to in Artier 4 
have been carried out; 
- keep the original certificate or certificates relating to the animals. 
2. Detailed rules for the application of paragraph 1 shall be adopted in 
accordance with the procedure laid down in Article 21. 
3. Intra-Community trade in animals as referred to in paragraph 1 shall be 
conducted in accordance with the rules laid down in Directive 90/425/EEC. 
Article 8 
1. This Article shall apply in respect of animals to be transported from one 
third country to another. 
2. Transport as referred to in paragraph 1 shaH 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 veterinary 
checks, and decide in particular that the animals must be brought to 
the inspection post for being submitted to the necessary checks. 
(b) the person concerned provides the competent authority with proof that 
the first third country to which the animals are to be forwarded after 
transit across the Community territory defined in Annex I undertakes 
not to re-consign the animals to the Community under any 
circumstances; 
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(c) transport in the territory defined in Annex I takes place under the 
Community transit system (external procedure) or another customs 
transit system provided for in Community rules. 
3. The competent authority shall inform the competent authorities of the 
Member States of transit that the animals have passed through. 
4. Detailed rules for the application of this Article shall be adopted, where 
necessary, in accordance with the procedure laid down in Article 21. 
Article 9 
Where fraud is suspected or there is doubt as to the identity of animals, 
the competent authority shall carry out any checks it deems appropriate. 
Article 10 
1. Where the checks referred to in this Regulation show the competent 
authority that the animals do 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 that there 
is a risk to public or animal health, the coapetent authority, after 
consultation with the importer or his representative, shall decide either: 
(a) to take steps to house, if necessary in a quarantine centre, and to 
provide appropriate care for the animals until the problem is 
resolved, or 
(b) to order their re-exportation outside the territory defined in Annex I 
to the third country of origin after they have been adequately rested, 
fed and watered, in accordance with the instructions of the official 
veterinarian; in this case, the veterinarian in charge of the 
inspection post shall inform the other inspection posts in the 
Community that importation has been refused; or 
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(c) to take steps to slaughter and/or destroy the animals. 
Costs incurred pursuant to this paragraph shall be charged to the importer 
or his representative and shall have no financial implications for the 
Member State concerned. 
2. Detailed rules for the application of this Article shall be adopted, where 
necessary, in accordance with the procedure laid down in Article 21. 
3. The competent authorities shall, where appropriate, communicate any 
information at their disposal in accordance with Council 
©irective 89/608/E€C(2>. 
Article 11 
Derogations to the requirements of this Chapter may be granted, in accordance 
with the procedure laid down in Article 21, in particular in respect of 
animals accompanying travellers. 
CHAPTER Hi 
SAfEWAffl» PROVISIONS 
Article 12 
T. If, in the territory of a third country, a disease referred to in Council 
Directive 82/894/EEC(3), 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 animals originating directly or indirectly 
in the third country concerned or part of the territory thereof. 
(2) OJ No L 351, 2.12.1989, p. 34. 
(3) OJ No L 378, 31.12.1982, p. 58. 
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2. Representatives of the Commission may make an immediate visit to the third 
country concerned. 
Article 13 
1. Without delay the Commission shall review the situation within the 
committee referred to in Article 19. It may adopt the necessary decisions 
in accordance with the procedure laid down in Article 20, including those 
relating to intra-Community movements of animals. 
2. Decisions to modify, revoke or prolong measures decided by virtue of 
Article 12, paragraph 1, shall be taken in accordance with the procedure 
laid down i n Ar t i cIe 20. 
Article 14 
Detailed rules for the application of this Chapter shall be adopted, where 
necessary, in accordance with the procedure laid down in Article 21. 
CHAPTER IV 
INSPECTION 
Article 15 
1. Veterinary experts from the Commission shall, in col laborat ion with the 
competent authorities, check that 
(a) the inspection posts approved in accordance with Article 5(5) satisfy 
the conditions for approval; 
(b) the quarantine centres approved in accordance with Article 6(3) 
satisfy the conditions for approval. 
2. Veterinary experts from the Commission may, in collaboration with the 
competent authorities, make on-the-spot checks. 
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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 19. 
It may adopt the necessary decisions in accordance with the procedure laid 
down in Article 21. 
6. The Commission shall monitor developments and, in accordance with the 
procedure laid down in Article 21, amend or revoke, 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 21. 
Article 16 
1. Where, on the basis of the checks carried out at the point of destination 
of the animals, a competent authority of a Member State considers that this 
Regulation is not being complied with at an inspection post, a quarantine 
centre or a point of arrival in another Member State, it shall, without 
delay, contact the competent central authority of that Member State. 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. 
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 in which the situation can 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 authorities of 
the other Member States. 
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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 suggestions from the Member 
States and who must be acceptable to all the parties involved, to verify 
the facts at the inspection post, quarantine centre or point of arrival 
in quest ion, 
- request the competent authority to increase the checks carried out at 
the inspection post, quarantine centre or point of arrival 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 19. It may adopt the necessary decisions in 
accordance with the procedure laid down in Article 21. 
6. The Commission shall monitor developments and, in accordance with the 
procedure laid down in Article 21, amend or revoke, 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 21. 
CHAPTER V 
GENERAL PROVISIONS 
Article 17 
1. Each Member State shall draw up a programme for the exchange of officials 
empowered to carry out the checks on animals 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 19. 
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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 19, the implementation 
of programmes shall be reviewed on the basis of reports by the Member 
States. 
5. Member States shall take into account the experience gained in order to 
improve and develop the programmes 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 are laid down in Council 
Decision 90/424/EEC<4>. 
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 21. 
Article 18 
1. Article 20(1) of Directive 90/425/EEC shall apply to the exchange of 
information to be carried out under this Regulation. 
2. The third paragraph of Article 21 of Directive 90/425/EEC shall apply to 
the measures necessary for the computerization of the statements of the 
conditions applicable to the admission of animals to the territory of the 
Community. 
(4) OJ No L 224, 18.8.1990, p. 19 
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Article 19 
The Commission shall be assisted by the Standing Veterinary Committee, set up 
by Council Decision 68/361/EEC^5^, hereinafter referred to as "the 
Committee". 
Article 20 
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. 
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 21 
Where the procedure laid down in this Article is to be followed, the following 
provisions shall apply: 
(5) OJ No L 255, 18.10.1968, p. 23. 
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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 22 
The Annexes shall be amended in accordance with the procedure laid down in 
Article 21. 
Article 23 
This Regulation shall be without prejudice to obligations arising from customs 
rules. 
Article 24 
Directive 90/425/EEC is hereby amended as follows : 
1. Article 7 is replaced by the following : 
"Article 7 
1. Member States shall ensure that during the checks carried out at the 
places where animals or animal products from a third country pay be 
brought into the Community, such as ports, airports and frontier posts 
with third countries, the following measures are taken: 
(a) the certificates or documents relating to the animals and products 
are checked; 
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(b) Community animals and products shall be subject to the control rules 
laid down in Art icIe 5; 
(c) animals from third countries are subject to the rules laid down in 
Council Regulation (EEC) No /90*. 
2. However, from 1 January 1993 and by way of derogation from paragraph 1, 
all animals and products transported by regular, direct means of 
transport linking two geographical points of the Community shall be 
subject to the control rules laid down in Article 5. 
* OJ No L 
2. Article 26 is replaced by the following : 
"Article 26 
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with : 
(i) Article 10 of this Directive and Article 9 of Directive 89/662/EEC, 
two months after the date of notification of this Directive-, 
(ii) the other provisions of this Directive, not later than 1 July 1991. 
However, the Hellenic Republic shall have an additional time limit of one 
year. 
When Member States adopt these provisions, these shall contain a reference 
to this Directive or shall be accompanied by such reference at the time of 
their official publication. The procedure for this reference shall be 
adopted by Member States." 
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Article 25 
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. This Regulation shall be binding in its 
entirety and directly applicable in all Member States. 
Done at Brussels, For the Counci 
The President 
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1. The territory of the Kingdom of Belgium. 
2. The territory of the Kingdom of Denmark with the exception of the Faroe 
Islands and Greenland. 
3. The territory of the Federal Republic of Germany. 
4. The territory of the Kingdom of Spain, with the exception of the Canary 
Islands, Ceuta and Mel il la. 
5. The territory of the Hellenic Republic. 
6. The territory of the French Republic in Europe. 
7. The territory of Ireland. 
8. The territory of the Italian Republic. 
9. The territory of the Grand Duchy of Luxembourg. 
10. The territory of the Kingdom of the Netherlands in Europe 
11. The territory of the Portuguese Republic. 
12. The territory of the United Kingdom of Great Britain and Northern 
Ireland. 
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ANNEX 
GENERAL CONDITIONS FOR THE APPROVAL OF INSPECTION POSTS 
Inspection posts must have : 
(1) enough adequately trained staff to care for the animals arriving at the 
post; 
(2) adequate facilities for loading and unloading the different means of 
transport arriving at the post; 
(3) facilities (which must be easy to clean and disinfect) for the 
reception, inspection, feeding and watering of the animals, with 
adequate space, lighting and ventilation and drainage for the type and 
number of animals to be housed; 
(4) separate facilities for the housing of animals which are sick, wounded 
or in need of special treatment; 
(5) suitable facilities for the staff, including changing rooms, toilets, 
basins, showers and equipment for the cleaning and disinfecting of boots 
and other protective clothing; 
(6) offices reserved for the competent authority-, such offices must be of an 
adequate size and lockable; 
(7) an adequate system for the disposal of waste materials and dead animals-, 
(8) adequate facilities for the slaughter of animals; 
(9) facilities required for the implementation of the information transfer 
system provided for in this Regulation. 
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GENERAL CONDITIONS FOR THE APPROVAL OF QUARANTINE CENTRES 
1. The requirements of Annex II, points 1 to 8 shall apply. 
2. In addition, the quarantine centres must : 
- be placed under permanent veterinary control and under the 
responsibility of an official veterinarian; 
- be located at a distance from holdings or other places where animals are 
kept which are likely to be infected by contagious diseases; 
- have an efficient control system so as to ensure an adequate 
surveillance of the animals. 
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