Amended 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: 1997-06-27
Institutions: European Commission
Subjects: health control, import (EU), third country, veterinary inspection

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i  CQtë^iSolQN1 OF THE EUROPEAN COMMUNITIES 

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Brussels, 27.06.1997 
COM(97> 321  final 

96/9309 (COD) 
96/0HO (COD) 

Ameadc-t proposal for a 

COUNCIL BIBSCTIVIS 

Saying down, the principles governing the organization of veterinary  checks on product 

entering the Commuait;' from  third countries 

Atrcnded proposal for a 

COTJNOL DIRECTIVE 

amending Directives 71/118/ESC, 72/*52/£EC,  85/73/EEC, 91/67/EEC, 

91/492/EEC, 9Î/493/BEC, 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  pursuant to  Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On 21 May  1996 the Commission submitted to the Council: 

a  proposalfor  a  Council  Directive  laying  down  the  principles  governing  the 
organization  of  veterinary  checks  on  products  entering  the  Community  from 
third countries; 

a  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. 

Following  the  opinion  delivered  by  the  European Parliament  at  its  plenary  session  of 
19  February  1997,  the  Commission  decided,  under  Article  189a(2)  of  the  Treaty,  to 
amend its initial proposal. 

The proposed amendments: 

improve the clarity of the text; 

provide for a more flexible  approach to penalties; 

replace  Article  43  of  the  Treaty  with  Article  100a  of  the  Treaty  as  the  legal 
basis. 

Amended proposal for a 

COUNCIL DIRECTIVE 

^ 

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( c © ^) 

laying down the principles governing the organization of veterinary checks on products 

entering the Community from third countries 

On  21  May  1996,  the  Commission  submitted  the  above  proposal  to  the  Council. 

Following the opinion of the European Parliament, delivered on 19 February  1997, the 

initial proposal has been amended as follows: 

1. 

The title is replaced by the following title: 

"Proposal  for  a  European  Parliament  and  Council  Directive  laying  down  the 

principles governing the organization of veterinary checks on products entering 

the Community from third countries". 

2. 

The preamble is replaced by the following: 

"THE EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE 
EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 

particular Article 100a thereof, 

Having regard to the proposal from the Commission, 

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

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189b  of  the 

Treaty, " 

3. 

The first recital is deleted. 

4. 

The sixth recital is replaced by the following: 

"Whereas  in the  new  system  of  veterinary  checks  a documentary  and physical 

check  need  to  be  carried  out;  whereas  for  that reason  separate  identity  checks 

should  be  abolished,  since  a  similar  check  will  be  carried  out  as  part  of  the 

physical check;". 

5. 

6. 

Article 5(1) (only concerns the German version). 

Article 9(1 )(a) is replaced by the following: 

"(a) 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 border inspection post 

in the port or airport of destination;" 

7. 

Article 9(1 )(c) is replaced by the following: 

"(c) if the consignment 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 (a); in exceptional cases which 

may  present  a  risk  to  public  or  animal  health  or  when  irregularities  are 

suspected,  a  physical  check  may  be  carried  out.  This  must  take  place  at  an 

approved border inspection post on each occasion. " 

Mr 

8. 

Article  12(1) is replaced by the following: 

"1.  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. In these cases the 

customs  authorities  and  the  competent  veterinary  authorities  at  the  border 

inspection post  shall  authorize  admission to a free  zone,  a free  warehouse  or a 

customs warehouse." 

9. 

The second subparagraph of Article  16(4) is replaced by the following: 

"Where  an  irregularity  has  been  found  to  be  the  result  of  negligence  or  a 

deliberate action, a financial penalty of at least 20% of the customs value of the 

product shall be imposed on the declarant. " 

10. 

In the first paragraph  of  Article  30  and the first and second  subparagraphs  of 

Article 31(1),  "1 January 1997" is replaced by  "1 January 1998". 

S 

Amended proposal for a 

COUNCIL DIRECTIVE 

°&>  1 °uo 

^Ca"t>) 

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. 

On 21 May 1996, the Commission submitted the above proposal to the Council. 

Following the opinion of the European Parliament, delivered on 19 February  1997, the 

initial proposal has been amended as follows: 

1. 

The title is replaced by the following title: 

"Proposal  for  a  European  Parliament  and  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. " 

2. 

The preamble is replaced by the following: 

"THE EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE 

EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 

particular Article  100a thereof, 

Having regard to the proposal from the Commission, 

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

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189b  of  the 

Treaty," 

Ù 

3. 

The following recital is added: 

"Whereas,  since  the  provisions  of  the  above  Directives  are  relevant  to  the 

protection  of  public  health  and  the  operation  of  the  internal  market,  Article 

100a of the Treaty should be taken as their legal basis. " 

4.  In the first and second subparagraphs of Article 2(1), "1 January  1997" is replaced 

by "1 January 1998". 

lr 

ISSN 0254-1475 

COM(97) 321 final 

DOCUMENTS 

EN 

03  02  11 

Catalogue number  :  CB-CO-97-310-EN-C 

ISBN  92-78-21663-1 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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