Proposal for a COUNCIL DIRECTIVE amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries
Date: 1996-05-20
Institutions: European Commission
Subjects: animal product, health control, import (EU), intra-EU trade, third country, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  20.05.1996 
COM(96)  170  final 

96/0109  (CNS) 
96/0110  (CNS) 

Proposal  for a 
COUNCIL DIRECTIVE 

laying  down the principles governing the organization  of  veterinary  checks 
on products entering the Community  from  third countries 

Proposal  for a 
COUNCIL DIRECTIVE 

amending Directives  71/118/EEC, 72/462/EEC,  85/73/EEC, 91/67/EEC, 91/492/EEC, 
91/493/EEC,  92/45/EEC and 92/118/EEC as regards the organization  of  veterinary  checks 
on products entering the Community  from third countries 

(presented by the  Commission) 

EXPLANATORY  MEMORANDUM 

Council  Directive  90/675/EEC,  laying  down  the  principles  governing  the  organization  of 
veterinary  checks  on  products  entering  the  Community  from  third  countries 
,  introduces 
arrangements  for  a  new  system  of  veterinary  checks  for  products  entering  the  Community 
from  third  countries. 

With  the  establishment  of  the  Internal  Market,  it  has  been  all  the  more  necessary  to  fix 
common  principles  governing  the  organization  of  checks  and  the  movement  inside  the 
Community  of  products  from  third  countries  given  that  internal  border  checks  were  to  be 
abolished. 

Since  the  entry  into  force  of  Directive  90/675/EEC,  experiences  have  been  gained  and 
developments  have  taken  place  with  regard  to  the  implementation  of  the  Directive  which 
together  with  reasons  of  transparency  calls for  a modification  of  the  Directive. 

For all products of  animal  origin imported  from  third  countries harmonized  conditions are in 
the process of  being  completed;  therefore  one  single  checking  regime  should be  applied  and 
in  any  case  the  provisions  for  the  bilateral  agreements  should  be  abolished  for  which  there 
is no  need. 

In  a system  of  veterinary  checks  on  products  of  animal  origin,  it  is not  necessary  to  have  a 
separate  identity  check,  since  such  a  check  should  primarily  be  part  of  the physical  check. 

For  products  arriving  at  the  Community  border,  without  having  the  Community  as  final 
destination, strict rules are established to ensure that these products will leave the Community. 

Measures are laid down for  consignments which have been introduced into the territory of the 
Community  without  being  presented  for  veterinary  checks.  Measures  are  also  laid  down  for 
the  re-entry  of  Community  consignments  which  have  been  refused  by  a third  country. 

Article  1 includes  the  whole  text  of  the  Directive  and  the  modifications  are  underlined  to 
improve  readability  of  the  text.  In  addition,  a  table  of  correspondence  is  laid  down  in  an 
Annex  to  the  modified  Directive. 

(1)  OJ  No  L  373,  31.12.1990,  p.  1.  Directive  as  last  amended  by  Directive  95/52/EC 

( O J N o L 2 6 5,  8.11.1995,  p.  16). 

Proposal  for  a 
COUNCIL  DIRECTIVE 

9 6 / 0 1 09 

(CNS) 

laying  down  the  principles  governing  the  organization  of  veterinary  checks 
on  products  entering  the  Community  from  third  countries 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43  thereof, 

Having  regard  to  the  proposal  from  the  Commission(1), 

Having  regard  to  the opinion  of  the  European  Parliament^, 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee(3), 

Whereas the animal products or products of animal origin and plant products subject to checks 
intended  to  prevent  the  spread  of  contagious  or  infectious  animal  diseases  are  listed  in 
Annex  II  to  the  Treaty; 

Whereas laying down principles at Community  level on the organization of veterinary  checks 
on  products  coming  from  third  countries  helps  to  safeguard  supplies  and  ensure  market 
stability while also harmonizing the measures necessary to ensure the protection  of animal and 
public  health; 

Whereas  the  establishment  of  the  Internal  Market  has  accentuated  the  need  to  lay  down 
common  principles  for  the  veterinary  checks,  given  that  internal  border  checks  have  been 
abolished; 

Whereas,  since  Directive  90/675/EEC  of  10  December  1990  laying  down  the  principles 
governing  the  organization  of  veterinary  checks  on  products  entering  the  Community  from 
third countries(4) took effect,  developments have taken place in the application of the Directive 
and  new  experiences  have  been  encountered;  whereas  in  the  interests  of  transparency,  the 
Directive  should  be  amended; 

Whereas harmonized conditions for all products of animal origin imported from  third countries 
into the  Community  should be established; whereas for  that reason  a single checking scheme 
for  these  products  should  be  applied  and  the  requisite  adjustments  made; 

Whereas in the new system of veterinary  checks only a documentary  and physical  check need 
to  be  carried  out;  whereas  for  that  reason  the  identity  check  needs  to be  abolished; 

Whereas rules must be laid down whereby  consignments which have been introduced into the 
Community  without  being  presented  will  undergo  the  veterinary  checks  at  a  border 
inspection  post; 

( i) 

(2) 

(3) 

(4) 

OJNo  C 
OJ  No C 
OJNo  C 
OJ  No  L  373,  31.12.1990,  p.  1.  Directive  as  last  amended  by  Directive  95/52/EC 
(OJ  No  L 265, 8.11.1995,  p.  16). 

Whereas  Member  States,  in  certain  cases,  may  impose  additional  requirements  for  products 
to  be  imported;  whereas  the  Member  State  of  arrival  has  to  take  account  of  these  extra 
national  requirements  when  making  checks; 

Whereas  with  regard to the transhipment  by  sea or  air of products  with  a final  destination  in 
the  Community  clear  rules should  be  laid  down  on  where  to  carry  out  the  checks;  whereas 
for  that reason the checks should,  in principle, be carried  out  at the border  inspection  post of 
destination; 

Whereas  Community  legislation  requires certain  products to be monitored  from  arrival  in the 
Community to the place of destination to safeguard  public and animal health; whereas for that 
reason  strict  rules  must  be  laid  down; 

Whereas  strict  rules should be established  to ensure that products  arriving at the  Community 
border  without  having  the  Community  as final  destination  will  leave the  Community; 

Whereas those products which  comply  with Community  requirements for  importation  should 
be  separated  from  those  which  do not;  whereas to take  account  of  these  differences  separate 
checking  systems  should  be  laid  down; 

Whereas  the  supply  of  products  of  animal  origin  for  the  crew  and  passengers  of  sea  and 
air  transport  is  of  considerable  commercial  importance  in  the  Community;  whereas  those 
products  often  do  not  comply  with  Community  requirements;  whereas  for  that  reason  strict 
rules  should  be laid  down  to  safeguard  public  and  animal  health; 

Whereas  a Community  product  which  is refused  by  a third  country  and  which  is returned  to 
the  Community  should  be  regarded  as  no  longer  fulfilling  the  Community  requirements; 
whereas for  that reason  strict rules in that regard  should  be laid  down to safeguard  public and 
animal  health; 

Whereas extra safeguards  should be  laid  down  with  a view to the prevention  of  fraud  and  to 
provide  for  harmonized  measures  on  fraudulent  operations  and  irregularities; 

Whereas  Directive  90/675/EEC  has  been  substantially  amended  on  several  occasions; 
whereas,  on  the  occasion  of  the  new  amendments  required,  it  is thus  advisable  for  the  sake 
of  clarity  and  rationality  to  repeal  and  replace  that  Directive, 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article 1 

Veterinary'  checks  on  products  from  third  countries  introduced  into  one  of  the  territories  as 
referred  to  in  Annex  I  shall  be  carried  out  by  the  Member  States  in  accordance  with  this 
Directive. 

Article 2 

I.  For  the  purposes  of  this  Directive,  the  definitions  contained  in  Article  2  of  Council 
Directives  89/662/EEC(5)  and  90/425/EEClo),  respectively,  shall  apply  as  necessary. 

(5) 

W 

OJ  No  L  395,  30.12.1989,  p.  13.  Directive  as  last  amended  by  Directive  92/118/EEC 
(OJ  No L  62,  15.3.1992, p. 49). 
OJ  No L  224,  18.8.1990, p.  29. Directive  as  last  amended  by  Directive  92/118/EEC. 

4 

In  addition: 

(a)  "products"  means  products  of  animal  origin  referred  to  in  Directives  89/662/EEC 
and  90/425/EEC  including  by-products  of  animal  origin  not  covered  by  Annex  II 
to  the Treaty,  or,  in  the  circumstances  described  in  Article  18 

fresh  fish  landed  immediately  from  a fishing  vessel; 

certain  plant  products; 

(b)  "documentary  check"  means  the  examination  of  the  veterinary  certificate(s)  or 
veterinary  document(s),  or  other  document(s)  accompanying  a  consignment; 

(c)  "physical  check"  means 

the  verification  of  the  consistency  between  the  veterinary  certificated)  or 
veterinary  document(s)  or  other  document(s)  provided  for  by  veterinary 
legislation  and  the  product; 

a  check  of  the  product  itself,  which  may  include  checks  on  packaging  and 
temperature  and  also  sampling  and  laboratory  testing; 

(d)  "declarant"  means  any  physical  or  legal  person  who  presents  products  for 

introduction  into  one  of  the  territories  set  out  in  Annex  I; 

(e)  "consignment"  means a quantity  of products of the same type, covered by the same 
veterinary  certificate(s)  or  veterinary  document(s),  or  other  document(s)  provided 
for  by  veterinary  legislation,  conveyed by  the same means of transport  and  coming 
from  the  same  third  country  or  part  of  such  country; 

(f) 

"border  inspection  post"  means  any  inspection  post,  designated  and  approved  in 
accordance  with  Article  6,  for  the  carrying  out  of  veterinary  checks  on  products 
arriving  at  the  border  of  one  of  the  territories  referred  to  in  Annex  I  from  third 
countries; 

(g)  "import"  means  clearance  by  customs  for  release  for  free  circulation; 

(h)  "import  conditions"  means  veterinary  requirements  on  products  to be  imported,  as 

laid  down  in  Community  legislation; 

(i) 

"competent  authority"  means  the  central  authority  of  a Member  State,  empowered 
to  carry  out  veterinary  or  zootechnical  checks,  or  any  authority  to  which  it  has 
delegated  such  powers. 

CHAPTER I 

ORGANIZATION  AND  EFFECTS  OF  CHECKS 

Article 3 

Member  States  shall  ensure  that  consignments  from  third  countries  shall  not  be 
introduced  into  one  of  the  territories  referred  to  in  Annex  I  without  having  undergone 
the  required  veterinary  checks. 

2.  Member  States  shall  ensure that  consignments  are  introduced  into one  of  the  territories 
referred  to  in  Annex  I  only  via  a  border  inspection  post.  On  arrival  in  one  of  the 
territories  set  out  in  Annex  I,  each  consignment  shall  be  conveyed  direct  to the  nearest 
border  inspection  post  in  order  to  undergo  there,  without  delay,  the  required 
veterinary  checks. 

3.  Member States shall ensure that declarants are obliged to give prior notification  of details 
of  the  consignment  to  the  veterinary  staff  of  the  border  inspection  post  to  which  the 
products  are to  be  submitted. 

4.  Customs  authorities  shall  only  allow the intended  customs-approved  treatment  or use of 

the  consignments,  in  accordance  with  the  certificate  referred  to  in  Article  5(1). 

5.  Detailed  rules for  the application  of this Article  shall be adopted  in accordance  with the 

procedure  referred  to  in  Article  26. 

Article 4 

1.  Each  consignment  shall  be  subject  to  veterinary  checks  in  the  border  inspection  post 
referred  to  in  Article  3(2)  by  staff  of  the  competent  authority  acting  under  the 
responsibility  of  the  official  veterinarian. 

to 

in  Article  3(3) 

2.  For  each  consignment  the  official  veterinarian  shall,  on  the  basis  of  the  information 
to 
referred 
Council  Decision  92/438/EEC(7)  on  computerization  of  veterinary  import  procedures. 
Furthermore, for each consignment intended for import into one of the territories  referred 
to  in  Annex  I  hereto,  he  shall  consult  the  database  referred  to  in  Annex  II  to 
Decision  92/438/EEC. 

the  database 

in  Annex  I 

referred 

consult 

to 

3.  Each  consignment  shall  be  subject  to  a  documentary  check  irrespective  of  the 

customs-approved  treatment  or  use, in  order  to  establish: 

(a) 

that  the  information  in  the  veterinary  certificate(s)  or  veterinary  document(s)  or 
other  document(s)  corresponds  to  the  information  referred  to  in  Article  3(3); 

(b) 

in the  case of  imports, that  the particulars  contained  in the veterinary  certificate(s) 
or  veterinary  document(s)  or  other  document(s)  afford  the  guarantees  required. 

4. 

The official  veterinarian  shall,  where  so required  by  this Directive,  carry  out  a physical 
check  on  the  basis  of  a representative  sample  of  the  consignment  in  order  to: 

(a)  check that the products correspond  to the accompanying  veterinary  certificateds) or 
veterinary  document(s) or other document(s) and bear any stamps or marks required 
by  veterinary  legislation; 

(b)  check  that the products  are in  a fit state to be  used for  the purpose  specified  in  the 

accompanying  certificate  or  document; 

(c)  perform  any  laboratory  tests  which  have  to  be  carried  out  on  the  spot; 

(d) 

take  any  official  samples  required  and  have  them  analysed  as soon  as possible. 

5.  Detailed  rules for  the application  of this Article  shall be adopted  in accordance  with the 

procedure  referred  to  in  Article  26. 

(7)  OJ No L  243, 25.8.1992, p. 27. Decision  as amended by the Act of Accession of Austria, 

Finland  and  Sweden. 

Article 5 

1  After  completion  of  the  required  veterinary  checks, the  official  veterinarian  shall  issue 
for  the  consignment  of  products  concerned  a  certificate  certifying  the  checks  and 
recording  the  intended  place of  destination. 

2 

The  document  referred  to  in  paragraph  1 shall  accompany  the  consignment: 

as long  as the  consignment  remains  under  customs  supervision;  or 

the  case  of 

in 
in 
Directive  89/662/EEC.  or  until  the  first  centre  or  organization  of  destination  as 
referred  to  in  Directive  90/425/EEC-

the  first  establishment  as  referred 

imports,  until 

to 

3. 

If  the  consignment  is  split,  paragraph  1 shall  apply  to  each  part. 

4.  Detailed  rules for  the application  of this Article  shall  be adopted  in  accordance  with the 

procedure  referred  to  in  Article  26. 

1.  Border  inspection  posts  must be: 

Article  6 

(a) 

located  in  the  immediate  vicinity  of  the  point  of  entry  into  one  of  the  territories 
referred  to  in  Annex  I,  and  in  an  area  which  is  designated  or  approved  by  the 
customs authorities in accordance with Article  38(l)(a) of Council Regulation (EEC) 
No  2913/92(8); 

However,  where necessitated  by geographical  constraints  (such as unloading wharf, 
railway  station, passes) a border inspection  post at a certain  distance from  the point 
of  introduction  may  be  tolerated. 

(b)  placed  under  the  authority  of  an  official  veterinarian,  who  shall  be  effectively 
responsible  for  the  checks.  The  official  veterinarian  may  be  assisted  by  specially 
trained  auxiliary  staff. 

He  shall  ensure  that  all  updating  of  the  data  bases  indicated  in  the  third  indent  of 
Article  1(1) of  Decision  92/438/EEC  is  carried  out. 

(c) 

- 

proposed  by  the  Member  State; 

inspected by the Commission  in collaboration  with  the competent  authority  of 
the  Member  State; 

approved  in  accordance  with  the  procedure  referred  to  in  Article  26. 

2.  A  list  of  approved  border  inspection  posts  shall  be  established  and  published  by 

the  Commission. 

3.  Pending  the  adoption  of  the  list  under  paragraph  2.  the  list  currently  in  force  shall 

remain  applicable. 

4.  Detailed  rules for the application  of this Article  shall  be adopted  in accordance  with  the 

procedure  referred  to  in  Article  26. 

OJ  No  L  302,  19.10.1992,  p.  1.  Regulation  as  amended  by  the  Act  of  Accession  of 
Austria,  Finland  and  Sweden. 

Article  7 

1 •  Each  consignment  intended  for  import  into one of the territories  referred  to  in  Annex  I 
shall  be  accompanied  by  the  original  veterinary  certificate(s)  or  original  veterinary 
document(s)  or  other  original  document(s)  as  required  by  veterinary  legislation.  The 
original  certificate(s)  or  document(s)  shall  remain  at  the  border  inspection  post. 

2.  Each  consignment  of  products  from  a third  country  intended  for  import  into  one  of  the 

territories  referred  to  in  Annex  I  shall  be  subject  to  a physical  check. 

3.  Customs  authorities  shall  not  allow  the  importation  of  consignments  of  products 
unless  - without prejudice  to the customs  regulations  and to the special  provisions to be 
adopted  in  accordance  with  Article  17 - proof  has been  supplied  both  that  the  relevant 
veterinary  checks  have  been  carried  out  with  satisfactory  results  and  paid  for,  and  that 
the  relevant  certificate  has  been  issued  in  accordance  with  Article  5. 

4. 

If  the  consignment  complies  with  the  import  conditions,  the  official  veterinarian  shall 
provide the person  concerned  with  an authenticated  copy  of the original  certificate(s)  or 
document(s)  and  issue  a certificate  certifying  that  the  consignment  complies  with  those 
conditions  in  accordance  with  Article  5(1). 

5.  Trade in the products referred to in Directives  89/662/EEC and  90/425/EEC and allowed 
into  one  of  the  territories  referred  to  in  Annex  I  to  this  Directive  shall  be  conducted 
in  accordance  with  the  rules  laid  down  in  the  said  Directives,  in  particular  in 
Chapter  II  thereof. 

6.  Detailed  rules for  the application  of this Article  shall  be adopted in  accordance  with the 

procedure  referred  to  in  Article  26. 

1.  Where: 

Article  8 

products  are intended  for  a Member  State or  an  area  having  specific  requirements, 

samples have been taken  but the results are not known  when the means of transport 
leaves  the  border  inspection  post, 

imports  authorized  for  specific  cases  are  involved, 

additional  information  must  be  given  to  the  competent  authority  of  the  place  of 
destination  by  means  of  the  ANIMO  network. 

2.  Each  consignment  of  products  referred  to  in  the  first  and  third  indents  of  paragraph  1 
and  destined  for  another  Member  State  shall  undergo  the  documentary  and  physical 
check  at the  border  inspection  post  situated  in  the territory  of  the  Member  State  where 
the  products  are  introduced,  to  verify  in  particular  whether  the  products  concerned 
comply  with  the  rules  of  the  Member  State  or  area  of  destination. 

3.  Member  States  shall  ensure  that  in  the  case  of  products  referred  to  in  the  first  and 
third  indents  of  paragraph  1  and  introduced  into  a  Member  State  other  than  the 
Member  State  of  destination,  all  measures  shall  be  taken  to  ensure  that  consignment 
involved  reaches  the  intended  Member  State  of  destination. 

Products  which  are  tq_.be monitored  pursuant  to  Community  legislation  from  the  border 
inspection  post  of  arrival  to  the  establishment  at  the  place  of  destination,  shall  be 
forwarded  under  the  following  conditions: 

the  consignments  in  question  are  forwarded  between  the  border  inspection  post  of 
arrival  and  the  establishment  at  the  place  of  destination,  under  supervision  of  the 
competent  authority  in  leakproof  vehicles  or  containers  sealed  by  the  competent 
authorities; 

the  products  shall  undergo  in  the  establishment  at  the  place  of  destination  the 
treatment  referred  to  in  the  relevant  Community  legislation; 

the  official  veterinarian  at  the  border  inspection  post  concerned  shall  inform  the 
official  veterinarian  at  the  place  of  destination  via  the  ANIMO  network. 

Member  States  shall  submit  to  the  Commission  the  list  of  approved  establishments  as 
referred 
the  relevant  Community 
Legislation. 

the  products  concerned  following 

to  above  for 

The  Commission  shall  adopt  a  list  of  approved  establishments  and  shall  arrange  the 
communication  of  the  up  to  date  list  to  the  Member  States. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the 
procedure  referredjo  in  Article  26. 

Article  9 

By  way  of  derogation  from  Article  3(2),  in the  case of  consignments  intended  for  import 
into  one  of  the  territories  set  out  in  Annex  I  and  arriving  at  a  border  inspection  post  of 
a  port  or  airport  in  one  of  the  territories  set  out  in  Annex  I,  the  physical  check  shall  be 
carried  out  in  the  border  inspection  post  of  destination,  provided  that  the  transport  takes 
place  by  sea  or  air.  The  following  procedures  shall  be  carried  out  in  the  border  post 
referredjo  in  Article  3(2): 

(a) 

(b) 

(c) 

If the  consignment  is  not  unloaded,  the  competent  authority  may  carry  out  random 
documentary  checks  of  the  products,  on  the  basis  of  the  original  veterinary 
certificate  or  veterinary  document  or  other  document,  or  an  authenticated  copy  of 
them  If  a  documentary  check  has  been  carried  out  the  competent  authority  shall 
issue  the  certificate  referred  to  in  Article  5(1)  certifying  the  results  of  this  check, 
for  the  benefit  of  the  authorities  in  the  port  or  airport  of  destination. 

Ifjhe  consignment  is  transhipped  from  one  aircraft  to  another  or  from  one  vessel 
to  another  within  the  customs  area  of  the  same  port  or  airport,  the  competent 
authority  shall  be informed  and  may  carry  out  a documentary  check  of  the  products 
on  the  basis  of  the  same  documents  referred  to  in  paragraph  (a). 

If_thie j:onsignment  is  unloaded  and  stored  temporarily  under  supervision  of  the 
competent  authority  in  the  customs  area  of  the  port  or  airport  to  be  forwarded  to 
another  border  inspection  post  by  sea or  air  transport,  the  competent  authority  shall 
carry  out  a  documentary  check  of  the  products  on  the  basis  of  the  same  documents 
as  are  referred  to  in  paragraph  (a);  in  exceptional  cases  which  may  present  a  risk 
to  pub]IC  or  animal  health  or  when  irregularities  are  suspected,  a  physical  check 
may  be  carried  out; 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the 
procedure  referred  to  in  Article  26. 

Article  10 

1.  At  the  request  of  a  Member  State,  accompanied  by  the  requisite  substantiating 
information,  or acting on its own initiative, the Commission  may, in accordance with the 
procedure  referred  to  in  Article  26.  determine  that  physical  checks  are  to  be  less 
frequent,  under  certain  conditions  and in the light in particular of the results of previous 
checks, with respect to certain products from  certain third  countries or regions or certain 
establishments in third countries offering  satisfactory  guarantees as regards checks at the 
point  of  origin  on  products  intended  for  import  into  one  of  the  territories  referred  to 
in  Annex  I. 

2.  The Commission  shall  take  into  account  the following  criteria for  granting  derogations: 

(a) 

the guarantees  offered  by  the third  country  in  question  with  respect to  compliance 
with  Community  requirements; 

(b) 

the  health  situation  of  animals  in  the third  country  concerned; 

(c) 

information  on  the  general  health  situation  in  the  country; 

(d)  nature of  the measures  applied by the third  country  for  monitoring  and  combatting 

disease; 

(e)  structures,  powers,  independence  and  competence  of  the  veterinary  or  other 

competent  services; 

(f)  compliance with the minimum  standards laid down by Community  law with regard 

to  production  hygiene; 

(g)  rules  on  the  authorization  of  certain  substances  and  compliance  with  the 

requirements  set  out  in  Council  Directive  96/.../EC('"; 

(h)  outcome  of  the  Community  inspection  visits; 

(i)  outcome  of  the  import  controls  carried  out; 

(j) 

the  type  of  product  or  products. 

3.  Without  prejudice  to  paragraph  1. reductions  in  the  frequency  of  physical  checks  may 
also  be  determined  with  regard  to  a  third  country  pursuant  to  a  bilateral  veterinary 
agreement. 

Article  11 

1  A Member State shall, on behalf of all Member States through which the transit will take 
place,  authorize  the  transit  of  consignments  from  one  third  country  to  another  third 
country  provided  that  such  a  transit  has  been  previously  authorized  by  the  official 
veterinarian  of  the  border  inspection  post  of  the  Member  State  where  the  consignment 
first  arrives  at  one  of  the  territories  referred  to  in  Annex I. 

2.  The  authorization  is subject  to  the  following  conditions: 

(a)  consignments  presented  for 

inspection  post  shall  be 
accompanied  by  the  original  veterinary  certificate(s)  or  veterinary  document(s)  or 
other  document(s),  or  by  authenticated  copies; 

transit  at  the  border 

(<••»  OJ  NoL 

10 

(b) 

to  undergo 

the  consignment  of  products  must  be  presented  in  the  said  border  inspection  post 
in  order 
the 
documentation  relates  to  the  consignment  being  presented.  In  exceptional  cases 
which  may  present  a  public  health  or  animal  health  risk  or  when  irregularities  are 
suspected,  physical  checks  are  to  be  carried  out. 

the  documentary  check  and 

the  verification 

that 

Derogation  from  the  documentary  and  physical  check  may  be  given  by  the 
competent  authority  for  sea  and  air  transport  where  the  consignment: 

is  not  unloaded;  or 

is  transhipped  from  one  plane  to  another  or  from  one  boat  to  another  within 
the  customs  area  of  the  same  port  or  airport;  or 

is  unloaded  and  stored  temporarily  under  control  of the  competent  authority  in 
the  customs  area  at  the  port  or  airport; 

(c) 

in  the  case  of  passage  through 
consignment  shall: 

the  territories  referred 

to  in  Annex  I,  such 

be  sent  under  customs  supervision  to  the  point  of  exit  from  the  Community, 
together  with  the  document  required  under  paragraph  2(a)  and  the  document 
required  under  Article  5(1),  certifying  the  border  inspection  post  where  the 
consignment  will  leave  the  Community; 

be  transported,  without  the  products  being  unloaded  or  split  after  leaving  the 
border  inspection  post  of  arrival  under  the  supervision  of  the  competent 
authorities  in  vehicles  or  containers  sealed  by  the  competent  authorities;  the 
only  handling  authorized  during  transport  shall  be that  carried  out  at the  border 
inspection  post  into  or  out  of  one  of  the  territories  referred  to  in  Annex  I; 

leave  the  Community  via  a  border  inspection  post. 

(d)  The  official  veterinarian  who  authorizes  the  transport  shall  inform  the  competent 

authority  of  the  border  inspection  post  of  exit  via  the  ANIMO  network. 

All  expenditure  incurred  pursuant  to  this  Article  shall  be  chargeable  to  the  declarant  or 
his  representative,  without  indemnification  by  the  Member  State. 

the  exchange  of 
the  application  of  this  Article,  in  particular 
Detailed  rules  for 
information  between  the  border  inspection  post  of  entry  and  of  exit,  shall  be  adopted  in 
accordance  with  the  procedure  referred  to  in  Article  26. 

Article  12 

Consignments  coming  from  a  third  country  and  destined  for  a  free  zone,  a  free 
warehouse  or  a  customs  warehouse  shall  undergo  in  the  border  inspection  post  as 
referred  to  in  Article  3(2) a documentary  and  a physical  check  in order to  ensure that  the 
products  comply  with  the  import  conditions. 

to  Article  16,  Member  States  may  allow  on 

Without  prejudice 
territory. 
consignments  which  the  declarant  declares  to  the  competent  authority,  pursuant  to 
Article  3(3),  to  be  presented  for  storage  in  a  free  zone,  a  free  warehouse  or  a  customs 
warehouse  in  accordance  with  Regulation  (EEC)  No  2913/92,  and  which  do  not  comply 
with  the  import  conditions;  any  customs  warehouse  used  shall  be  enclosed  and  the  entry 
and  exit  points  shall  be  subject  to  permanent  control. 

their 

11 

Such  zones  and  warehouses  shall  be  approved  by  the  competent  authority  for  the  storage 
of  the  products  as  defined  in  Article  2(2)(a).  The  zones  and  warehouses  shall  be  under 
the  permanent  supervision  of  an  official  veterinarian. 

3.  The  allowance  provided  for  in  paragraph  2  shall  be  subject  to  the  following  conditions: 

consignments  arriving  at  the  Community  border  shall  be  accompanied  by  the 
original  veterinary  certificate(s),  veterinary  document(s)  or  other  document(s)  or bv 
authenticated  copies  or  by  official  customs  documents,  or  other 
relevant 
certificate(s)  or  document(s); 

consignments  shall  undergo  a  documentary  check  at  the  border  inspection  post  of 
arrival,  including  a  verification  that  the  documentation  relates  to  the  consignment 
being presented.  In  exceptional  cases involving  a public health  or  animal  health  risk. 
or  when  irregularities  are  suspected,  a  physical  check  shall  be  carried  out; 

consignments  shall  be  sent,  under  customs  supervision,  together  with  the  document 
mentioned  in  the  first  indent  and  with  the  document  required  under  Article  5(1). 
specifying  the  free  warehouse,  free  zone,  or  customs  warehouses  concerned,  or  in 
the  case  of  consignments  leaving  the  Community  the  border  inspection  post  where 
the  consignment  will  leave the  Community,  or in the  case  referred  to  in paragraph  4 
specifying  the  place  where  the  consignment  will  leave  the  Community; 

the consignments in question  shall be subsequently  forwarded  under  such  conditions 
to  ensure  that  transport  is  carried  out,  without  the  goods  being  unloaded,  under  the 
supervision  of  the  competent  authoriries  in  leakproof  vehicles  or  containers  sealed 
by  the  competent  authorities; 

the  competent  authority  which  authorizes  the  transport  shall  inform  the  competent 
authority  of  the  place  of  destination  via  the  ANIMO  network; 

the  identity  of  the  consignment  shall  be  permanently  monitored  and  shall  be 
supervised  by  the  official  veterinarian. 

4. 

In  addition,  operators  who  supply,  to  sea  and  air  transport,  operating  internationally, 
products  as  referred  in  Article  2(2)(a)  which  are  intended  for  consumption  by  the  crew 
and  passengers: 

(a) 

shall  be  subject  to  prior  registration  by  the  competent  authority; 

(b)  shall  keep  a  register  in  which  such  deliveries  are  recorded; 

(c) 

shall  report  the  arrival  and  dispatch  of products  in  a zone or  a warehouse  as  referred 
to  in  paragraph  2; 

(d)  shall  keep  for  at  least  three  years  the  register  referred  to  in  (b). 

5.  Member  States  shall  ensure  that  the  consignments,  before  entering  a zone  or  warehouse 
as  referred  to  in  paragraph  2,  undergo  a  documentary  check  and,  if  necessary,  where 
there  are  grounds  for  suspicion,  a  physical  check. 

6.  All  expenditure  incurred  pursuant  to  this  Article  shall  be  chargeable  to  the  declarant  or 

his  representative,  without  indemnification  by  the  Member  State. 

7.  Member  States  shall  submit  to  the  Commission  the  list  of  approved  free  zones,  free 

warehouses  and  customs  warehouses  as  referred  to  in  paragraph  2. 

The  Commission  shall  adopt  a list  of  approved  zones  and  warehouses,  and  shall  arrange 
for  its  publication  in  the  Official  Journal  of  the  European  Communities. 

12 

8.  Detailed  rules  for  the  application  of  this  Article,Jn  pajrticular  the_ control  procedures  to 
be  carried  out on  the  arrival  and  on  the departure  of  consignments  to  and  from  such  zone 
or  warehouse, the transport  of consignments  between  such  zones or  such  warehouses,  the 
form  of  storage of the products  and the handling  allowed,  shall  be  adopted  in  accordance 
with  the  procedure  referred  to  in  Article  26. 

Article  13 

1 

Products  for  which  the  customs-approved  treatment  or  use  under  Regulation  (EEC) 
No  2913/92  is other  than  as provided  for  in  Articles  7.  11 and  12 of  this  Directive,  shall 
undergo,  where  appropriate,  a  physical  check  in  order  to  ensure  that  they  comply  with 
the  import  conditions. 

2.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted,  where  necessary,  in 

accordance  with  the  procedure  referred  to  in  Article  26. 

Article  14 

1 

The  re-importation  of  a  Community  consignment  refused  by  a  third  country  may  be 
authorized  only  by  the  Member  State  where  the  veterinary  certificate  has  been  issued, 
and  provi!de_d_that: 

the products  in  question  have to  undergo  in  the border  inspection  post  of  arrival  the 
documentary,  and  where  necessary,  a  physical  check; 

the  consignment  returns  to  that  Member  State  and  that,  if  transport  across  another 
Member  State  is  involved,  it  has  been  previously  authorized  by  the  official 
the 
veterinarian  of 
consignment  first  arrives  into  one  of  the  territories  of  the  Community  referred  to  in 
Annex  I,  on  behalf  of  all  Member  States 
the  consignment 
will  transit. 

the  Member  State  where 

inspection  post  of 

through  which 

the  border 

2 

3 

4 

5 

In  circumstances  envisaged  in  paragraph  1, the  products  in  question  shall  be  forwarded 
under  such  conditions  as  ensure  that  transport  is  carried  out  under  customs  supervision 
by  means  of  leakproof  means  of  transport,  identified  and  sealed  by  the  competent 
authority  so  that  the  seals  will  be  broken  whenever  the  container  is  opened  in  the 
Member  State  where  the  veterinary  certificate  has  been  issued. 

The  official  veterinarian  which  authorizes  the  transport  shall  inform  the  competent 
authority  in  the  place  of  destination  via  the  ANIMO  network. 

All  expenditure  incurred  pursuant  to  this  Article  shall  be  chargeable  to  the  declarant  or 
his  representative,  without  indemnification  by  the  Member  State. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the 
procedure  referred  to  in  Article  26. 

1 

This  Chapter  shall  not  apply  to  products  which: 

Article  15 

(a) 

form  part  of  travellers'  personal  luggage  and  are  intended  for  their  personal 
consumption  in  so  far  as  the  quantity  does  not  exceed  a  quantity  to  be  defined  in 
accordance  with  paragraph  3  and  provided  that  the  products  come  from  a  third 
country  or  part  of  a  third  country  appearing  on  the  list  adopted  in  accordance  with 
Community  rules,  being  a  country  from  which  importation  is  not  prohibited; 

13 

(b)  are  sent  as  small  packages  to  private  persons,  provided  that  the  products  are  not 
being  imported  by  way  of  trade,  in  so  far  as  trie  quantity  sent  does  not  exceed  a 
quantity  to  be  defined  in  accordance  with  paragraph  3  and  provided  that  the 
products  come  from  a  third  country  or  part  of  a  third  country  appearing  on  a  list 
drawn  up  in  accordance  with  Community  rules,  being  a  country  from  which 
importation  is  not  prohibited; 

(c)  are  on  board  means  of  transport  operating  internationally  and  are  intended  for 
consumption  by  the  crew  and  passengers, provided  that they  are not  introduced  into 
one  of  the  territories  referred  to  in  Annex  I. 

Where  such  products  or  their  kitchen  waste  are  unloaded,  they  must  be  destroyed. 
It  is not,  however,  necessary  to  destroy  products  when  they  are  transferred,  directly 
from  one  means  of  transport  operating  internationally  to  another  at  the  same  port 
and  under  customs  supervision; 

(d)  where  quantities  not  exceeding  a  figure  to be  fixed  in  accordance  with  paragraph  3 
are  involved,  have  undergone  heat  treatment  in  a  hermetically  sealed  container  to 
an  Fo  value  of  3.00  or  more  and: 

(i) 

form  part  of  travellers'  personal  luggage  and  are  intended  for  their  personal 
consumption; 

(ii)  are  sent  as  small  packages  to  private  persons,  provided  that  the  products  are 

not  being  imported  by  way  of  trade; 

( e)  a re  sent  as  trade  sam pies.  _p„royided  th at  _th ey .._are  not _ I n ten ded_jbr ..human 

consumption  and  will  not  come  into  contact  with  any  ruminating  animal,  swine, 
poultry  or; horses. 

Paragraph  1  shall  not  affect  the  rules  applicable  to  fresh  meat  and  meat  products  in 
accordance  with  Article  1(2)  of  Council  Directive  72/462/EEC10'. 

In  accordance  with  the  procedure  laid  down  in  Article  26,  the  Commission  shall  set  the 
weight  limits  for  the  different  products  liable  to  be  covered  by  the  derogations  referred 
to  in  paragraph  1. 

Article  16 

Consignments  which  have been  introduced  into one of the territories  of the  Commmunity 
without  being  presented  for  veterinary  checks  in  accordance  with  the  requirements  of 
Articles  3  and  4,  shall  be  seized  and  the  competent  authority  shall  decide  either  to 
destroy  them  in  accordance  with  paragraph  2(b)  or  to  re-dispatch  them  in  accordance 
wi.th  paragraph  2(a). 

Where  the  checks  referred  to  in  this  Directive  show  the  competent  authority  that  the 
the  import  conditions,  or  where  such  checks  reveal  an 
product  does  not  satisfy 
irregularity, 
the  declarant  or  his 
representative,  shall  decide  either: 

the  competent  authority, 

in  consultation  with 

(a) 

to  re-dispatch  the  product  outside  the  territories  referred  to  in  Annex  I  from  the 
same  border  inspection  post  to  a  named  destination  approved  by  the  competent 
authority  of  the  third  country  concerned,  within  a  time  limit  to  be  set  by  the 
competent  national  authority,  where  veterinary  inspection  and  health  requirements 
so  allow. 

( 1 0,  OJ  No  L  302,  31.12.1972,  p.  28.  Directive  as  amended  by  the  Act  of  Accession  of 

Austria,  Finland  and  Sweden. 

14 

In  this  case, the  official  veterinarian  of  the  border  inspection  post  must: 

activate  the  information  procedure  provided  for  in  the  first  indent  of 
Article  1(1) of  Decision  92/438/EEC, 

under  arrangements  to  be  defined  by  the  Commission  in  accordance  with  the 
procedure provided  for  in Article  26, invalidate the veterinary  certificate^  or 
document(s) accompanying  the  rejected  products; 

or 

(b) 

if  re-dispatch  is  impossible, to  destroy  the products  in  these facilities  provided  for 
that purpose in accordance with Council Directive  90/667/EEC''} which are nearest 
to the  border  inspection  post. 

3•  Paragraph  2  shall  not  apply  where  an  authorization  has  been  given  by  the  competent 
in  accordance  with 

authority 
Directive  90/667/EEC. provided  that  there  is no  risk  for  human  and  animal  health. 

the  use  of  products 

to  permit 

in  order 

4.  The  declarant  or  his  representative  or  the person  in  charge  of  the  consignment  shall  be 
liable  for  the  costs  incurred  in  the  process  of  re-dispatching  or  destroying  the 
consignment  or  using  the product  for  other  purposes. 

Furthermore,  where  an  irregularity  has  been  found  to  be  the  result  of  negligence  or  a 
deliberate  action,  the  competent  authority  shall  impose  on  the  declarant  a  financial 
penalty  of  at  least  20% of  the  customs  value  of  the  product. 

5.  The  provisions  of  Decision  92/438/EEC  shall  apply. 

6.  Detailed  rules for  the application  of this Article  shall be adopted  in accordance  with  the 

procedure  referred  to  in  Article  26. 

Article  17 

The Commission, in accordance with the procedure referred  to in Article  26, shall on the basis 
of  the  plans  referred  to  in  the  second  paragraph,  adopt  the  rules  applicable  to  imports  into 
certain  parts of the territories referred  to in Annex  I, to take account of the natural  constraints 
specific  to  these  territories  in  particular  their  remoteness  from  a  mainland  part  of  the 
Community  territory. 

To  that  end  France  and  Greece  shall  submit  a  plan  to  the  Commission  setting  out,  in  the 
particular  case  of  the  French  Overseas  Departments  and  of  certain  islands  and  groups  of 
islands,  the  nature  of  the  checks  to be  carried  out  on  imports  into those  regions  of  products 
originating  in third  countries taking into account the natural  geographical  constraints  specific 
to  these  territories. 

These  plans  must  specify  the  checks  carried  out  to  prevent  products  introduced  into  these 
territories  being redispatched  under any circumstances to other  parts of Community  territory. 

(!,)  OJ  No  L  363,  27.12.1990,  p.  51. Directive  as  amended  by  the  Act  of  Accession  of 

Austria,  Finland  and  Sweden. 

15 

Article  18 

1.  The Commission,  in  accordance  with the procedure referred  to  in Article  26, shall  draw 
up a list of  plant products  covered by  Article  2(2)(a)  second  indent  which,  in  particular 
on  account  of  their  subsequent  destination,  may  give  rise  to  the  risk  of  spreading 
infectious  or  contagious  animal  diseases  and  on  that  account  are to  be  subjected  to  the 
veterinary  checks  laid  down  by  this  Directive,  and  in  particular  those  provided  for  in 
Article  4, in  order  to  verify  the  origin  and  planned  destination  of  such  plant  products. 

The  following  shall  be  adopted  in  accordance  with  the  same  procedure: 

the  animal  health  conditions  which  third  countries  must  comply  with  and  the 
guarantees  which  must be  offered  in  particular  the  nature  of  any  processing  to  be 
required  in  the  light  of  their  animal  health  situation;, 

a list of the third  countries  which, in the light of the guarantees, may be authorized 
to  export  to  the  Community  the plant  products  referred  to  in the  first  paragraph; 

any  specific  inspection  procedures,  in  particular  with  reference  to  sampling  which 
may  be  applied  to  these  products,  especially  in  the  case  of  imports  in  bulk. 

2.  Fresh  fish  immediately  landed  from  a fishing vessel  flying  a third-country  flag  shall  in 
accordance with Council Regulation  (EC) No  1093/94(  2) - and before  it can be imported 
into  any  of  the  territories  referred  to  in  Annex  I  -  undergo  the  checks  laid  down  in 
respect  of fish immediately  landed by fishing  vessels flying  the flag  of  a Member  State. 

3. 

In  accordance  with  the procedure  referred  to  in  Article  26, derogations  may  be  granted 
from  the provisions  of  Article  6(1 )(b)  and,  as regards the  staff  responsible  for  carrying 
out  the  checks, those  of  Article  4(1)  for  border  inspection  posts  where  fishery  products 
are presented  as referred  to  in  Council  Directive  91/493/EECU}. 

Article  19 

Without prejudice  to the provisions of this Chapter, the official  veterinarian  or the  competent 
authority  shall,  where  it  is suspected  that  veterinary  legislation  has  not  been  complied  with 
or  there  is  doubt  as  to  the  identity  of  a  product,  carry  out  any  veterinary  checks  it  deems 
appropriate. 

Article  20 

1.  Austria  shall  have  a  period  of  three  years  from  the  date  of  entry  into  force  of  the 
Accession  Treaty  to introduce the checking  system provided  for  in this Chapter.  During 
that transitional  period, Austria shall apply the measures which will be determined  before 
the date of entry into force of the Accession Treaty  in accordance with the procedure laid 
down in Article  26. These measures shall ensure that all the necessary  checks are carried 
out  as close  as possible  to  the  Community's  external  frontier. 

2.  Finland  shall  have  a  period  of  two  years  from  the  date  of  entry  into  force  of  the 
Accession  Treaty  to introduce the checking  system  provided  for  in this Chapter  During 
that transitional  period, Finland shall apply the measures which will be determined  before 
the  date  of  entry  into  force  of  the  Accession  Treaty,  in  accordance  with  the  procedure 
laid  down  in  Article  26.  These  measures  shall  ensure  that  all  the  necessary  checks  are 
carried  out  as  close  as possible  to  the  Community's  external  frontier. 

(12) 

(13) 

OJ  No  L  121, 12.5.1994, p. 3. 
OJ  No  L  268,  24.9.1991,  p.  15.  Directive  as  amended  by  Directive  95/71/EC 
(OJ  No  L  332, 30.12.1995, p. 40). 

16 

CHAPTER II 

SAFEGUARD  PROVISIONS 

Article  21 

1. 

in 

the 

territory  of  a 

third  country,  a  disease 

in  Council 
If, 
Directive  82/894/EEC(14), a zoonosis or other  disease or phenomenon  liable to present a 
serious  threat  to  animal  or  public  health  manifests  or  spreads  itself,  or  if  any  other 
serious animal  health  or public health  reason  so warrants, in particular in the light of the 
findings  of  its  veterinary  experts,  the  Commission  shall,  acting  on  its  own  initiative  or 
at the request of a Member  State, adopt one of the following  measures without delay and 
depending  on  the  gravity  of  the  situation: 

referred 

to 

suspend  imports  from  that  part  or  all  of  the  third  country  concerned,  and  where 
appropriate  from  the  third  country  of  transit; 

set  special  conditions  in  respect  of  products  coming  from  part  or  all  of  the 
third  country  concerned. 

2. 

If  one  of  the  checks  provided  for  in  this  Directive  indicates  that  a  consignment  of 
products  is  likely  to  constitute  a  danger  to  animal  or  human  health,  the  competent 
veterinary  authority  shall  immediately  take the following  measures: 

it  shall  seize  and  destroy  the  consignment; 

it  shall  immediately  inform  the  other border  inspection  posts  and  the  Commission 
in  accordance  with 
of 
Decision  92/438/EEC. 

the  findings  and  of 

the  origin  of 

the  products, 

3. 

In the case provided for in paragraph  1, the Commission  may take provisional  protective 
measures  in  respect  of  products  covered  by  Articles  11 and  12. 

4.  Representatives  of  the  Commission  may  make  an  immediate  visit  to  the  third  country 

concerned. 

5  Within  ten  working  days,  the  Standing  Veterinary  Committee  shall  have  the  matter 
referred  to  it,  pursuant  to  the  terms  of  Article  25,  with  a  view  to  the  extension, 
amendment or repeal  of the measures provided for  in paragraphs  1 and 3. The procedure 
provided  for  in  Article  25  may  also  be  used  for  adopting  the  necessary  decisions, 
including  those  relating  to  intra-Community  movement  of  products  and  to  transit. 

6.  Decisions  to  modify,  repeal  or  extend  measures  decided  on  by  virtue  of  paragraphs  1, 
2,  3 and  5 shall  be  taken  in  accordance  with  the procedure  laid  down  in  Article 25. 

7.  Detailed  rules  for  the  application  of  this  Chapter  shall  be  adopted,  where  necessary,  in 

accordance  with  the  procedure  laid  down  in  Article 26. 

(14)  OJ  No  L  378,  31.12.1982,  p.  58.  Directive  as  amended  by  the  Act  of  Accession  of 

Austria,  Finland  and  Sweden. 

17 

CHAPTER  III 

INSPECTION 

Article  22 

1.  Veterinary  experts from  the Commission may, in conjunction  with the competent national 
authorities  and  whenever  uniform  application  of  the  requirements  of  this  Directive 
renders it necessary, verify  that the border inspection  posts approved  in accordance with 
Article  6 satisfy  the  criteria  listed  in  Annex  II. 

2.  Veterinary  experts  from  the  Commission  may,  in  conjunction  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 checks so justifies,  it shall review the 
situation within the Standing Veterinary Committee. It may adopt the necessary  decisions 
in  accordance  with  the  procedure  referred  to  in  Article  25. 

6.  The  Commission  shall  monitor  developments;  in the  light  of  such  developments  and in 
accordance  with  the  procedure  referred  to  in  Article  25,  it  may  amend  or  repeal  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  referred  to  in  Article  26. 

Article  23 

I.  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  Directive  is not 
being  complied  with  at a border  inspection post  referred  to in Article  6, or in a customs 
warehouse,  free  zone  or  free  warehouse  referred 
to  in  Article  12  of  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  nature  of  the  checks  made,  the  decisions  taken  and  the 
reasons  for  such  decisions. 

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  possible  ways  and  means  of  remedying  the  situation,  where  necessary  by 
visiting  the  Member  State  in  question. 

Where  the  checks  referred  to  in  the  first  subparagraph  show  repeated  non-compliance 
with  this  Directive,  the  competent  authority  of  the  Member  State  of  destination  shall 
inform  the  Commission  and  the  competent  authorities  of  the  other  Member  States. 

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 
complained  of: 

send  an  inspection  team  to  the  Member  State  in  question  in  conjunction  with  the 
competent  national  authorities; 

18 

request  the  competent  authority  to  step  up  the  checks  carried  out  at  the  border 
inspection  post,  customs  warehouse,  free  zone  or  free  warehouse  in  question. 

Pending  the  Commission's  findings,  the Member  State  attacked  must,  at  the  request  of 
the  Member  State  of  destination,  step  up  checks  at the  border  inspection  post,  customs 
warehouse,  free  zone  or  free  warehouse  concerned. 

The Member  State of  destination  may, for  its part, intensify  checks on products  coming 
from  these  sources. 

At the request of one of the two Member  States  concerned  - where the irregularities  are 
confirmed  by the inspection  referred  to in the first indent of the fifth subparagraph  - the 
Commission  must,  in  accordance  with  the procedure  referred  to  in  Article  25, take  the 
appropriate measures. These measures must be confirmed  or reviewed as soon as possible 
in  accordance  with  the  same  procedure. 

2.  Rights of appeal available under the laws in force in the Member  States against decisions 

by  the  competent  authorities  shall  not  be  affected  by  this  Directive. 

Decisions  taken  by  the  competent  authority  and  the  reasons  for  such  decisions  shall  be 
notified  to  the  operator  concerned  by  such  decisions,  or  to his  representative. 

If the operator concerned or his representative  so requests, the said decisions and reasons 
shall  be  forwarded  to  him  in  writing,  together  with  details  of  the  rights  of  appeal 
available to him  under the law in force  in the Member  State performing  the checks, and 
also  the  procedure  and  time-limits  applicable. 

3.  The detailed  rules for  the application of this Article  shall be  adopted  in  accordance with 

the  procedure  referred  to  in  Article 26. 

Article  24 

1  Each Member State shall draw up a programme for the exchange of officials  empowered 

to  carry  out  the  checks  on  products  coming  from  third  countries. 

2 

The  Commission  and the Member  States shall  coordinate the programmes  referred  to in 
paragraph  1 within  the  Standing  Veterinary  Committee. 

3.  Member  States  shall  take  all  the  measures  necessary  to  allow  implementation  of  the 

programmes  resulting  from  the  coordination  referred  to  in  paragraph  2. 

4 

Each  year,  in  the  Standing  Veterinary  Committee,  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  programmes  on  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(n). 

7.  Detailed  rules  for  the  application  of  paragraphs  1,  4  and  5  shall  be  adopted  where 

necessary,  in  accordance  with  the procedure  referred  to  in  Article  26. 

(15)  OJ  No  L  224,  18.8.1990,  p.  19.  Decision  as  last  amended  by  Decision  94/370/EC 

(OJNo  L  168,  2.7.1994,  p. 31). 

19 

CHAPTER IV 

GENERAL  PROVISIONS 

Article  25 

reference 

the 
Where 
Standing  Veterinary  Committee set up by Council Decision  68/361/EEC(U)) shall take decisions 
in  accordance  with  the  rules  established  in  Article  17 of  Directive  89/662/EEC. 

the  procedure  provided 

this  Article, 

is  made 

for 

in 

to 

Article  26 

reference 

Where 
the 
the  procedure 
Standing  Veterinary  Committee  shall  take decisions  in accordance  with  the rules  established 
in  Article  18 of  Directive  89/662/EEC. 

this  Article, 

is  made 

defined 

in 

to 

Article  27 

Annex  II  to  this  Directive  may  be  supplemented  in  accordance  with  the  procedure  referred 
to  in  Article 26. 

Article  28 

This  Directive  shall  be  without  prejudice  to  obligations  arising  from  customs  rules. 

Article  29 

Member  States, in particular  Austria and Finland,  may  make use of the Community  financial 
assistance  provided  for  in  Article  38  of  Decision  90/424/EEC  for  the  implementation  of 
this  Directive. 

Article  30 

Directive  90/675/EEC  is  repealed  with  effect  from  1 January  1997. 

References  to the Directive  repealed  in the first  paragraph  shall  be construed  as references  to 
this  Directive  and  shall  be  correlated  in  accordance  with  the table  set  out  in  Annex  III. 

Article 31 

1.  Member  States  shall  adopt  and  publish  the  laws,  regulations  and  administrative 
this  Directive  before 

provisions  necessary 
1 January  1997; they  shall  forthwith  notify  the  Commission  thereof. 

the  provisions  of 

to  comply  with 

They  shall  apply  those  provisions  as from  1 January  1997. 

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  such  reference  shall  be  adopted  by  Member  States. 

2.  Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main  provisions 

of  national  law  which  they  adopt  in  the  field  covered  by  this  Directive. 

(16)  OJ  No  L  255,  18.10.1968, p. 23 

20 

This  Directive shall  enter into force on the twentieth day following  that of its publication in 
the  Official  Journal  of  the European  Communities. 

Article  32 

This Directive  is  addressed to the Member States. 

Article 33 

Done  at Brussels, 

For the  Council 
The President 

21 

ANNEX  I 

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  Ceuta  and  Melilla. 

5.  The  territory  of  the  Hellenic  Republic. 

6.  The  territory  of  the French  Republic. 

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. 

13.  The territory  of  the  Republic  of  Austria. 

14.  The territory  of  the Republic  of  Finland. 

15.  The  territory  of  the Kingdom  of  Sweden. 

22 

ANNEX  II 

In  order  to  obtain  Community  approval, border  inspection  posts  must  have: 

the  staff  necessary  to  check the  documents  (public health  and  animal  health  certificates 
or any other document laid down by Community legislation) accompanying the products; 

sufficient  numbers,  in  relation  to  the  quantity  of  products  dealt  with  by  the  border 
inspection post, of veterinary and auxiliary  staff  specially trained to carry out checks that 
products correspond  to the  accompanying  documents  and  systematic  physical  checks of 
each  product  consignment; 

sufficient  staff  to  take  and  process  random  samples  of  product  consignments  presented 
at  a given  border  inspection  post; 

sufficiently  large  premises  at  the  disposal  of  the  staff  responsible  for  carrying  out 
veterinary  checks; 

appropriate premises  and facilities  for  taking  and processing  the samples for  the  routine 
checks  laid  down  in  Community  rules  (microbiological  standards); 

the  services of  a specialized  laboratory  situated  near the border  inspection  post  and  able 
to  carry  out  special  tests  on  the  samples  taken  at that  post; 

premises  and  cold  stores  permitting  the  storage  of  part-consignments  taken  for  testing 
and products whose release for free  circulation has not been authorized by the veterinary 
officer  responsible  for  the border  inspection  post; 

appropriate  equipment  permitting  the  rapid  exchange  of  information,  in  particular  with 
other  border  inspection  posts,  (through  the  computerized  system  provided  for  in 
Article  20  of  Directive  90/425/EEC  or  the  Shift  project). 

23 

Table  of  correspondence 

Directive  90/675/EEC 

Directive 

ANNEX  III 

Article  1.1 
Article  1.2 
Article  2.1 
Article  2.2(a) 
Article  2.2(b) 
Article  2.2(c) 
Article  2.2(d) 
Article  2.2(e) 
Article  2.2(f) 
Article  2.2(g) 
Article  2.2(h) 
Article  3.1 
Article  3.2 
Article  3.3 
Article  3.4 
Article  4.1 
Article  4.2 
Article  4.3 
Article  4.4 
Article  4.5 
Article  5.1 
Article  5.2 
Article  5.3 
Article  5.4 
Article  6.1  (a)  and  (b) 
Article  6.1  (c) 
Article  6.2 
Article  6.3 
Article  6.4 
Article  7.1 
Article  7.2 
Article  7.3 
Article  7.4 
Article  7.5 
Article  7.6 
Article  8.1 
Article  8.2 
Article  8.3 
Article  8.4 
Article  8.5 
Article  9 
Article  10  (1)  and  (2) 
Article  10.3 
Article  11.1 
Article  11.2(a) 

Article  1.1 
Article  1.2 
Article  2.1 
Article  2.2(a) 
Article  2.2(b) 
Article  2.2(d) 

Article  2.2(f) 
Article  2.2(g) 

Article  2.2(h) 

Article  4.4 
Article  4.6 
Article  8.1(a)  and  8.2  last  subparagraph 
Article  4.1  last  subparagraph  and  Article  8.2(d) 
Article  4.1  first  subparagraph 
Article  8.2(a),  (b)  and  (c) 
Article  8.3  first  subparagraph 
Article  10.1  second  indent 

Article  10.1  first  indent 
Article  10.2 
Article  9.1  and  9.2 
Article  9.3  and  9.4  except  last  subparagraph 

Article  9.5 
Article  10.2  third  indent 
Article  8.1(b) 
Article  3 
Article  10.1  first  indent 
Article  10.3 
Article  10.2 
Article  4.5 

Article  4.6 
Article  8.4 
Article  8.3  second  subparagraph 

Article  12.1(b) 

24 

Table  of  correspondence  (continued) 

Directive  90/675/EEC 

Directive 

Article  12.1(c) 

Article  13.2 
Article  13.3 
Article  5  and  Article  6 
Article  7.1 

Article  7.1  last  indent 

Article  7.1  second  indent 

Article  5.1  and  Article  6.1 
Article  6.4 
Article  6.2 
Article  7.2 
Article  13 

Article  14.1(i)  -  (iv) 

Article  14.1(i)  -  (iv) 

Article  16.1(a) 
Article  16.1(b) 
Article  16.2 
Article  16.3 
Article  16.5 
Article  16.4 
Article  17 
Article  18 
Article  15 

Article  19 
Article  20 
Article  21 
Article  22 
Article  23 
Article  24 
Article  25 
Article  26 
Article  31 
Article  33 
ANNEX  I 
ANNEX  II 

Article  11.2(b) 
Article  11.2(c)  first  indent 
Article  11.2(c)  second  inden 
Article  11.2(c)  third  indent 
Article  11.2(d) 
Article  11.3 
Article  11.4 
Article  12.1 
Article  12.2 
Article  12.3  first  indent 
Article  12.3  second  indent 
Article  12.3  third  indent 
Article  12.3  fourth  indent 
Article  12.3  fifth  indent 
Article  12.3  sixth  indent 
Article  12.4 
Article  12.5 
Article  12.6 
Article  12.7 
Article  12.8 
Article  13 
Article  14 
Article  15.1(a)  -  (d) 
Article  15.1(e) 
Article  15.2 
Article  15.3 
Article  16.1 
Article  16.2(a) 
Article  16.2(b) 
Article  16.3 
Article  16.4 
Article  16.5 
Article  16.6 
Article  17 
Article  18 
Article  19 
Article  20 
Article  21 
Article  22 
Article  23 
Article  24 
Article  25 
Article  26 
Article  27 
Article  28 
Article  29 
Article  30 
ANNEX  I 
ANNEX  II 

25 

Proposal  for  a 
COUNCIL  DIRECTIVE 

amending  Directives  71/118/EEC,  72/462/EEC,  85/73/EEC,  91/67/EEC,  91/492/EEC, 
91/493/EEC,  92/45/EEC  and  92/118/EEC  as regards  the  organization  of  veterinary  checks 
on  products  entering  the  Community  from  third  countries 

26 

EXPLANATORY  MEMORANDUM 

Council  Directive  90/675/EEC,  laying  down  the  principles  governing  the  organization  of 
veterinary  checks  on  products  entering  the  Community  from  third  countries 
,  introduces 
arrangements  for  a  new  system  of  veterinary  checks  for  products  entering  the  Community 
from  third  countries. 

With  the  establishment  of  the  Internal  Market  it  has  been  all  the  more  necessary  to  fix 
common  principles  governing  the  organization  of  checks  and  the  movement  inside  the 
Community  of  products  from  third  countries  given  that  internal  border  checks  were  to  be 
abolished. 

Since  the  entry  into  force  of  Directive  90/675/EEC  experiences  have  been  gained  and 
developments  have  taken  place  with  regard  to  the  implementation  of  the  Directive  which 
together  with  reasons  of  transparency  calls  for  a modification  of  the  Directive. 

The  proposed  modifications  in  the  above mentioned  Directive  has  consequences  for  the  text 
of a number of existing Directives. For that reason these Directives must be brought  into line 
with  the  modifications  provided  for  in  Directive  90/675/EEC. 

(1)  OJ  No  L  373,  31.12.1990,  p.  1.  Directive  as  last  amended  by  Directive  95/52/EC 

( O J N o L 2 6 5,  8.11.1995, p.  16). 

27 

Proposal  for  a 
COUNCIL  DIRECTIVE 

9 6 / 0 1 10 

(CNS) 

amending  Directives  71/118/EEC,  72/462/EEC,  85/73/EEC,  91/67/EEC,  91/492/EEC, 
91/493/EEC,  92/45/EEC  and  92/118/EEC  as  regards  the  organization  of  veterinary  checks 
on  products  entering  the  Community  from  third  countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43  thereof, 

Having  regard  to  the  proposal  from  the  Commission0}, 

Having  regard  to  the  opinion  of  the  European  Parliament^, 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee^, 

Whereas  for  the  sake  of  clarity  and  rationality,  Council  Directive  90/675/EEC(4),  which  laid 
down  the  principles  governing  the  organization  of  veterinary  checks  on  products  entering  the 
Community  from  third  countries,  was  repealed  and  replaced  by  Directive  96/.../ECp); 

Whereas  the  replacement  of  Directive  90/675/EEC  by  Directive  96/.../EC  has  consequences 
for  the  existing  texts  of  the  following  Council  Directives: 

Directive  71/118/EEC  of  15  February  1971  on  health  problems  affecting  the  production  and 
placing  on  the  market  of  fresh  poultry meat((>. 

Directive  72/462/EEC  of  12  December  1972  on  health  and  veterinary  inspection  problems 
upon  importation  of  bovine,  ovine,  caprine  animals  and  swine,  fresh  meat  or  meat  products 
from  thud  countries1'\ 

Directive  85/73/EEC  of  29  January  1985  on  the  financing  of  health  inspections  and  controls 
of  fresh  meat  and  poultry meafM, 

Directive  91/67/EEC  of  28  January  1991  concerning  the  animal  health  conditions  governing 
the  placing  on  the  market  of  aquaculture  animals  and  products(0), 

OJ  No  C 
0.1  No  C 
0.1  No  C 
OJ  No  L  373,  31.12.1990,  p.  1.  Directive  as  last  amended  by  Directive  9S/52  EC 
(OJ  No  L  265,  8.11  1995,  p.  16). 
OJ No L 
OJ  No  L  55,  8.3.1971,  p.  23.  Directive  as 
(OJ  No  L  368,  31.12.1994,  p.  10). 
OJ  No  L  302,  31.12.1972,  p.  28.  Directive  as  amended  by  the  Act  of  Accession  of 
Austria,  Finland  and  Sweden. 
OJ  No  L  32,5.2  1985,  p.  14.  Directive  as 
(OJ  No  L  78,  28.3.1996,  p.  30). 
OJ  No  L  46,  19.  2.1991,  p.  1  Directive  as 
(OJ  No  L  243,  11.10.1995,  p.  I). 

last  amended  by  Directive  94/65/EC 

last  amended  by  Directive  96/17/EC 

last  amended  by  Directive  95/22  EC 

28 

Directive  91/492/EEC of  15 July  1991 laying  down  the health  conditions  for  the  production 
and  the placing  on  the  market  of  live  bivalve  molluscs(10), 

Directive  91/493/EEC of  22 July  1991 laying  down  the health  conditions  for  the  production 
and  the placing  on  the  market  of  fishery  products00, 

Directive  92/45/EEC  of  16 June  1992  on  public  health  and  animal  health  problems  relating 
to  the  killing  of  wild  game  and  the placing  on the  market  of  wild-game  meat(12), 

Directive  92/118/EEC  of  17  December  1992  laying  down  animal  health  and  public  health 
requirements  governing  trade  in and  imports  into the  Community  of  products not  subject  to 
the  said  requirements  laid  down  in  specific  Community  rules  referred  to  in  Annex  A(I)  to 
Directive  89/662/EEC  and,  as regards  pathogens, to  Directive  90/425/EEC(13). 

Whereas  for  that  reason,  those  Directives  should  be  brought  into  line  with  the  text  of 
Directive  96/.../EC, 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article 1 

1.  Directive  71/118/EEC  is  amended  as  follows: 

(a) 

in  Article  l4B2(a),  the  second  sentence  is  deleted; 

(b) 

in  Article  17, the  second  subparagraph  is  deleted. 

2.  Directive  72/462/EEC  is  amended  as  follows: 

(a) 

in  Article  31a,  "Article  17 of  Directive  90/675/EEC"  is  replaced  by  "Article  17 of 
Directive  96/.../EC"; 

(b)  Article  31  is  deleted. 

3  Directive  85/73/EEC  is amended  as  follows: 

in  Article  3(1),  "Article  20  of  Directive  90/675/EEC"  is  replaced  by  "Article  22  of 
Directive  96/.../EC". 

4  Directive  91/67/EEC  is amended  as  follows: 

(a)  Article  23  is  replaced  by  the  following: 

rim 

UD 

( i :j 

( H) 

OJ No L 268, 24.9.1991, p.  1. Directive as amended by the Act of Accession of Austria, 
Finland  and  Sweden. 
OJ  No  L 268,  24.9.1991,  p.  15.  Directive  as  amended  by  Directive  95/71/EC 
(OJ  No  L  332,  30.12.1995,  p. 40). 
OJ  No  L 268,  14.9.1992,  p.  35!  Directive  as  amended  by  the  Act  of  Accession  of 
Austria,  Finland  and  Sweden. 
OJ  No  L  62,  15.3.1993,  p. 49.  Directive  as 
Decision  96/103/EC  (OJ  No  L 24,  31.1.1996,  p. 28). 

last  amended  by  Commission 

29 

"Article  23 

"The  principles  and  rules  laid  down  in  Directives  91/496/EEC  and  96/.../EC  shall 
apply,  with  particular  reference  to  the  organization  of  and  follow-up  to  the  checks 
to  be  carried  out  by  the  Member  States  and  the  safeguard  measures  to  be 
implemented"; 

(b)  Article  24  is  deleted. 

Directive  91/492/EEC  is  amended  as  follows: 

the  second  subparagraph  of  Article  10  is  deleted. 

Directive  91/493/EEC  is  amended  as  follows: 

(a) 

in  the  second  subparagraph  of  Article  10, "Article  18(3)  of  Directive  90/675/EEC" 
is  replaced  by  "Article  18(2)  of  Directive  96/.../EC"; 

(b)  Article  12(2)  is  deleted. 

Directive  92/45/EEC  is  amended  as  follows: 

(a)  Article  17(2)  is  deleted; 

(b)  Article  19(2)  is  deleted. 

Directive  92/118/EEC  is  amended  as  follows: 

(a) 

in the second  subparagraph  of Article  12( 1 ), "Article  8(2) of Directive  90/675/EEC" 
is  replaced  by  "Article  4(4)  of  Directive  96/.../EC"; 

(b)  Article  12(2)  is  deleted. 

Article  2 

Member  States  shall  adopt  and  publish 
provisions  necessary 
1  January  1997;  they  shall  forthwith  notify  the  Commission  thereof. 

the  laws,  regulations  and  administrative 
this  Directive  before 

the  provisions  of 

to  comply  with 

They  shall  apply  those  provisions  as  from  1 January  1997. 

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  such  reference  shall  be  adopted  by  Member  States. 

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main  provisions 
of  national  law  which  they  adopt  in  the  field  covered  by  this  Directive. 

30 

This  Directive shall  enter into force on the twentieth  day following that of its publication in 
the Official  Journal of  the European Communities. 

Article 3 

This Directive  is addressed to the Member States. 

Article 4 

Done  at Brussels, 

For the Council 
The President 

31 

ISSN 0254-1475 

COM(96) 170 final 

DOCUMENTS 

EN 

03 

Catalogue number  : CB-CO-96-202-EN-C 

ISBN 92-78-03494-0 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

32