8. 3. 91 Official Journal of the European Communities No C 60/37 
Opinion on the proposal for a Council Regulation (EEC) laying down the principles governing 
the organization of veterinary checks on products entering the Community from third 
countries (1) 
(91/C 60/12) 
On 4 October 1990, the Council decided to consult the Economic and Social Committee, 
under Article 198 of the EEC Treaty, on the abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Commit­
tee's work on the subject, adopted its Opinion on 7 December 1990. The Rapporteur was 
Mr Georges Proumens. 
At its 282nd plenary session (meeting of 18 December 1990) the Economic and Social 
Committee adopted the following Opinion unanimously. 
The Committee has taken note of this proposal for a 
Regulation and recognizes its importance. It endorses 
the proposal, subject to the following observations. b) identify check; 
c) physical check. 
1. Considerations 
1.1. According to the Commission, it is necessary to 
point out that this draft Regulation, which relates to 
third-country products, derives from Directive 89/62/ 
EEC on veterinary checks in intra-Community trade. 
The products in question must be subjected to strict 
checks at Community frontiers before they can be 
released for free circulation. 
1.2. Two of the principal aims of this draft Regu­
lation are: 
— first and foremost, to protect human and animal 
health, 
— and thereafter, to guarantee security of supply. 
1.3. Two regulatory systems apply depending on 
whether the products in question are: 
— subject to Community harmonization, 
— not subject to Community harmonization. 
2. Procedures 
A. Harmonized products 2.2. The documentary check involves verification of 
the documents accompanying products at the time of 
entry into the Community. 
The principal documents concerned are the origin and 
health certificates. 
In this connection, it should be noted that Directives 
72/462/EEC and 89/227/EEC provide for a harmoniza­
tion of the verification of product origin and health and 
veterinary-inspection procedures. 
The draft Regulation under examination is more coerc­
ive, particularly with regard to the increased risk of 
propagation of contagious diseases following the elim­
ination of intra-Community frontier checks. 
2.3. The identity check involves a verification—or, 
more precisely, an identification—of the products listed 
in the accompanying documents. 
The identity check is performed in two ways: 
a) without other checks, if the products concerned are 
to be placed in a warehouse, either under the cus­
toms warehousing or temporary storage arrange­
ments; 
b) in conjunction with a physical check, if the products 
in question are intended for consumption. 
2.1. The Regulation distinguishes the following types 
of checks: 
a) documentary check; 
(!) OJ No C 252, 6. 10. 1990, p. 10. B. Non-harmonized products 
2.4. The procedures outlined above apply if this type 
of product is released for consumption in the Member 
State of entry into the Community. 
No C 60/38 Official journal of the European Communities 8. 3. 91 
2.5. If, however, these products are intended to be 
re-exported to another Member State, there are two 
possibilities: 
— either the check is conducted in the country of entry, 
— or the checks are carried out in the Member State 
of destination; in this case, the products must be 
transported under the Community transit arrange­
ments in vehicles sealed by the competent authori­
ties. 
Moreover, this procedure is essentially transitional. 
3. Inspection 
3.1. Inspection posts must be located in the immedi­
ate vicinity of the point of entry into the Community. 
3.2. The are subject to the authority of an official 
veterinarian supported, where appropriate, by assist­
ants specially trained for this purpose. 
3.3. Member States must send each other a list of 
their approved inspection posts. 
3.4. The Committee notes that live animals are tot­
ally excluded from the scope of this Regulation. The 
Commission is preparing a separate Regulation which 
is due to be published at the beginning of 1991. 
4. Special comments 
4.1. The physical check referred to above must be 
carried out on every consignment. Sampling should be 
conducted in accordance with the customs rules on 
statistical sampling (for example, 'military tables'). 
4.2. The Committee wonders to what extent proce­
dural harmonization will be accompanied by the har­
monization of inspection posts. 
It considers it essential for inspection posts to have 
equivalent staff and facilities in each Member State. 
In addition, the Member States must ensure that these 
staff and facilities are sufficient to cope with the volume 
of traffic in question. 
It is, in fact, proposed to reduce the number of posts. 
Importers must not have to bear the additional costs of 
prolonged waiting periods at inspection posts resulting 
from a lack of human and material resources. Nor, in view of the volume of traffic, must such a lack 
lead to over-hasty inspection with adverse consequences 
for health. 
4.3. The Committee would also stress that equiva­
lent stringency must be observed in the case of controls 
conducted under similar conditions. 
Charges and the way they are apportioned, must also 
be harmonized. The Commission is preparing an appro­
priate text. 
Whilst finance would be provided from what is known 
as the Veterinary Fund, the Committee wonders wheth­
er a sufficient volume could be made available. 
4.4. It should be noted that the Community approval 
granted in respect of an inspection post may be limited 
to certain types of product. Thus, checks at a Portugese 
port may be restricted to fish in the absence of regular 
meat imports (cost/benefit ratio). 
4.5. In the particular case of Greece and, more 
specifically, the transport of goods by road or rail from 
other Member States via third countries, the competent 
authorities will undertake only a documentary check. 
4.6. The Committee is also concerned about possible 
criticism from third countries. 
Some of these, in particular the USA and Japan, apply 
more stringent checks than the Community. 
On the other hand, the fact that some third countries 
apply less rigorous national checks could lead to 
charges of protectionism against the Community, par­
ticularly by the second group of countries. 
At all events, criticism of this draft Regulation must 
not lead to any laxity in implementation. 
Vigilance is essential in this connection and it is there­
fore extremely important for the Commission to sup­
port current efforts aimed at the conclusion of an 
agreement on health and plant-health regulations, 
within the framework of the General Agreement on 
Tariffs and Trade (GATT). 
4.7. It will certainly be necessary to implement the 
provisions of Directives 77/99/EEC and 89/227/EEC 
with regard to origin, health and veterinary inspection, 
hygiene conditions during slaughtering, processing, 
manufacture, storage and transport and the absence of 
residual ionizing radiation. 
8.0.91 C^fficialJournal of the European Communities l^oC^A^ 
o. specific ^ema^rks 
^.1. ^ith regard to the question of territory,prod^ 
ucts from certain Spanish islands andnon^uropean 
French, Dutch or Danish territories and subject to the 
same import rules as third^country products. 
^. In the case of the federal republic of Germany, 
the kegulation now obviously applies to the former 
territory of the CD^.. 
eo.^. In this connection, however, and bearing in 
mind the inevitability of imports from Central and 
Eastern Europe, an adequate number of welPequipped 
inspection posts must be set up to ensure rigorous 
inspection 
eo.4. At all events, the approved inspection posts will 
be checked by Commission veterinary experts who will 
also be empowered to maloe onthespot checks, in 
each case in conjunction with the competent national 
authorities. 
Thee^pertfeesincurred willbeborneby theCom^ 
mission irrespective of the reason for the checlosproD 
vided for by Article 18 of the regulation. 
eo.eo. As a complementary measure, provision has 
been made foraprogramme for the exchange officials 
to conduct checks on thirdcountry products. 
Done at Brussels, 18 December 199u. The Community may makeafinancial contribution to 
this programme. 
D. Committee procedures 
The standing Veterinary Committee referred to in 
Article^whose procedures are defined in Articles ^1 
and^ofthis proposal is in conformity with the system 
laid down by the Councils ^Committeeprocedures^ 
Decision of 14 July 1987 establishing different types of 
committee. 
7. specific recommendation 
The Committee calls for the preparation of annual 
reports indicating, ^^r^^, any serious infringements 
recorded, the countries of origin in question, and subD 
sequent action. 
These reports should be sent to the E^C, in particular 
withaview to the satisfactory information of consumer 
organizations. 
8. The Committee would draw attention to its Co^pin^ 
ion of 14 December 1988 on Directive 89B^^BEEC^, 
which should beconsidered inconjunction with the 
present te^t. 
^Ol^oC.^,^!^. 
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