PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN THE PRINCIPLES GOVERNING THE ORGANIZATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD COUNTRIES
Date: 1991-03-15
Institutions: European Commission
Subjects: intra-EU trade, single market, veterinary inspection, veterinary legislation

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) 

-  2 -

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 

-  3 -

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. 

-  4 

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. 

-  5 -

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. 

- 6 -

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. 

-  7  -

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. 

- 8 -

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; 

- 9 -

-  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  s h aH  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; 

-  10 -

(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 

- 11 -

(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 
Council 

accordance 

disposal 

their 

with 

in 

information  at 
©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 

A r t i c le  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. 

-  12 -

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. 

-  13 -

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. 

14 -

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. 

15 -

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 

-  16 

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. 

-  17  -

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; 

- 18 -

(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." 

-  19  -

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 

-  20  -

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. 

21 -

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. 

-  22  -

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. 

-  2l 

- 

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