Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries
Date: 1997-12-18
Institutions: Council of the European Union
Subjects: animal product, health certificate, import, third country, veterinary inspection

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/9

COUNCIL  DIRECTIVE  97/78/EC

of  18  December  1997

laying down the principles governing the organisation 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 
Parliament (2),

to 

the  opinion  of 

the  European

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

(1) 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;

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

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

(4) Whereas,  since  Council  Directive  90/675/EEC  of
the  10  December  1990  laying  down  the  principles
governing  the  organisation  of  veterinary  checks  on
products  entering  the  Community  from  third
countries (4)  was  adopted,  developments  have  taken
place  in  the  application  of  the  Directive  and  fresh
experience has been gained; whereas in the interests
of  transparency,  the  Directive  should  be  amended;

(5) Whereas  harmonised  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;

(6) Whereas  rules  must  be 

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

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

(8) 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;

(9) Whereas  Community  legislation  requires  certain
products  to  be  monitored  from  the  place  of  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;

(10) 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;

(11) 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;

(12) 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;

(13) 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  Community  requirements;  whereas  for
that reason strict rules in that regard should be laid
down  to  safeguard  public  and  animal  health;

(1) OJ  C  285,  23.8.1997,  p.  7.
(2) OJ  C  85,  17.3.1997,  p.  76.
(3) OJ  C  66,  3.3.1997,  p.  43.
(4) OJ  L  373,  31.12.1990,  p.  1.  Directive  as  last  amended  by

Directive  96/43/EC  (OJ  L  162,  1.7.1996,  p.  1).

(14) Whereas extra safeguards should be laid down with
a  view  to  the  prevention  of  fraud  and  provision
should  be  made  for  harmonised  measures  to  stamp
out  fraudulent  operations  and  irregularities;

L 24/10

EN

Official  Journal  of  the  European  Communities

30.1.98

(15) Whereas  Directive 

90/675/EEC 

been
has 
several  occasions;
substantially  amended  on 
whereas,  now 
further  amendments  are
necessary,  that  Directive  should  for  the  sake  of
clarity  and  rationality  be  repealed  and  replaced,

that 

responsibility 

provisions of Council Regulation (EEC) No 2913/92
of  12  October  1992  establishing  the  Community
Customs  Code (3)  has 
the
development of the various situations covered by the
said  Regulation  in  which  the  consignment  may  be,
and also the representative referred to in Article 5 of
the  said  Regulation  who  assumes  such  responsibility
for  following  up  the  checks  laid  down  in  this
Directive;

for 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

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

Article  2

1.
For  the  purposes  of  this  Directive,  the  definitions
contained  in  Article  2  of  Council  Directive  89/662/EEC
of  11  December  1989  concerning  veterinary  checks  in
intra-Community  trade  with  a  view  to  the  completion  of
the  internal  market (1)  and  Article  2  of  Council  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 (2)  shall  apply  as  necessary.

2.

In  addition:

(a)

(b)

(c)

(d)

‘products’  means  the  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,  and  the  plant
products  referred  to  in  Article  19;

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

‘identity check’ means a check by visual inspection to
ensure  that  the  veterinary  certificate(s)  or  veterinary
document(s)  or  other  document(s)  provided  for  by
veterinary  legislation  tally  with  the  product  itself;

‘physical  check’  means  a  check  on  the  product
itself,  which  may 
include  checks  on  packaging
and  temperature  and  also  sampling  and  laboratory
testing;

(e)

‘person  responsible  for  the  load’  means  any  natural
in  accordance  with  the
or 

legal  person  who, 

(1) OJ  L  395,  30.12.1989,  p.  13.  Directive  as  last  amended  by

Directive  92/118/EEC  (OJ  L  62,  15.3.1993,  p.  49).

(2) OJ  L  224,  18.8.1990,  p.  29.  Directive  as  last  amended  by

Directive  92/118/EEC.

(f)

(g)

(h)

(i)

(j)

(k)

the 

type,  covered  by 

‘consignment’  means  a  quantity  of  products  of  the
same 
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;

‘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  from  third  countries  at  the
border  of  one  of  the  territories  listed  in  Annex  I;

‘import’  means  the  free  circulation  of  products  and
the  intention  to  release  products  for  free  circulation
within  the  meaning  of  Article  79  of  Regulation
(EEC)  No  2913/92;

‘customs-approved  treatment  for  use’  means  the
customs-approved  treatment  or  use  referred  to  in
point  15  of  Article  4  of  Regulation 
(EEC)
No  2913/92;

‘import  conditions’  means  veterinary  requirements
for  products  to  be  imported,  as  laid  down  in
Community legislation;

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

CHAPTER  I

ORGANISATION  AND  EFFECTS  OF  CHECKS

Article  3

1. Member  States  shall  ensure  that  no  consignment
from  a  third  country  is  introduced  into  one  of  the
territories 
in  Annex  I  without  having  been
subjected  to  the  veterinary  checks  required  by  this
Directive.

listed 

2. Member  States  shall  ensure  that  consignments  are
introduced into one of the territories listed in Annex I via
a  border  inspection  post.

(3) OJ  L  302,  19.10.1992,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  82/97  of  the  European  Parliament  and
of  the  Council  (OJ  L  17,  21.1.1997,  p.  1).

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/11

3. Member States shall ensure that persons responsible
for  the  load  are  obliged  to  forward  information  in
advance  by  duly  completing  where  applicable 
the
certificate referred to in Article 5(1), or provide a detailed
description  in  writing  or  in  computerised  form  of  the
consignment  referred  to  in  paragraph  1,  including  the
products referred to in Article 9 and Article 19(1), to the
veterinary staff of the border inspection post to which the
products  are  to  be  submitted.

(b)

in the case of imports, that the particulars contained
in  the  certificates  or  documents  referred  to  in
Article  1  or  other  documents  afford  the  guarantees
required.

4.
Apart from the specific cases stipulated in Articles 9
to  15,  the  official  veterinarian  shall  carry  out  the
following  checks:

Member  States  may  inspect  the  manifests  of  vessels
and  aircraft  and  check 
the
abovementioned  statements  and  documents.

tally  with 

they 

that 

4.
The  customs  authorities  on  whom  the  border
inspection  post  is  geographically  dependent  shall  allow
the  intended  customs-approved  treatment  or  use  of  the
consignments  only  in  accordance  with  the  conditions  set
out  in  the  certificate  referred  to  in  Article  5  (1).

5.
Detailed  rules  for  the  application  of  this  Article,  in
particular  the  list  of  products  to  be  subjected  to  a
veterinary check, shall be adopted in accordance with the
procedure  laid  down  in  Article  29.

Article  4

1.
Each  consignment  shall  be  subject  to  veterinary
checks  in  the  border  inspection  post  referred  to  in
Article  3(2)  by  the  competent  authority  under  the
responsibility  of  the  official  veterinarian  in  accordance
with  Article  6(1)(b).

For each consignment the official veterinarian shall,
2.
on  the  basis  of  the  information  referred  to  in  Article  3
(3),  consult  the  database  referred  to  in  Annex  I  to
Council  Decision  92/438/EEC  of  13  July  1993  on
computerisation  of  veterinary  import  procedures  (Shift
project) (1).  Furthermore,  for  each  consignment  intended
for import into one of the territories listed in Annex I, he
shall,  if  necessary,  consult  the  database  referred  to  in
Annex  II  to  Decision  92/438/EEC.

The  official  veterinarian  shall  ensure  that  all  the
operations  required  to  maintain  the  database  provided
for  in  Decision  92/438/EEC  are  carried  out.

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  certificates  or  documents
referred  to 
in  Article  7(1)  corresponds  to  the
information  forwarded  in  advance  in  accordance
with  Article  3(3);

(a) an  identity  check  on  each  consignment  to  ascertain
that  the  products  correspond  to  the  information
given in the accompanying certificates or documents.
Apart  from  bulk  consignments  as  provided  for  in
Council Directive 92/118/EEC of 17 December 1992
laying  down  animal  health  requirements  governing
trade 
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 (2),  this
procedure  shall  comprise:

imports 

in  and 

(i) where  products  of  animal  origin  arrive 

in
containers,  verification  that  the  seals  fixed  by
the  official  veterinarian  (or  the  competent
required  by  Community
authority),  where 
legislation,  are  intact  and  that  the  information
appearing  thereon  corresponds  to  that  given  in
the  accompanying  document  or  certificate;

(ii)

in  other  cases

— for  all  types  of  product,  a  check  that  the
stamps,  official  marks  and  health  marks
identifying  the  country  and  establishment  of
origin  are  present  and  conform  to  those  on
the  certificate  or  document,

— in  addition, 

for  wrapped  or  packaged
products,  a  check  on  the  specific  labelling
provided  for  in  veterinary  legislation,

(b) a  physical  check  on  each  consignment:

(i)

in  order  to  ascertain  that  the  products  satisfy
the  requirements  of  Community  legislation  and
are  in  a  fit  state  to  be  used  for  the  purpose
specified  in  the  accompanying  certificate  or
document.

These  checks  must  be  carried  out  in  accordance
with  the  criteria  laid  down  in  Annex  III;

(1) OJ L 243, 25.8.1992, p. 27. Decision amended by the Act of

(2) OJ  L  62,  15.3.1993,  p.  49.  Directive  as  last  amended  by

Accession  of  1994.

Directive  96/90/EC  (OJ  L  13,  16.1.1997,  p.  24).

L 24/12

EN

Official  Journal  of  the  European  Communities

30.1.98

(ii) prior  to  carrying  out,  in  accordance  with  the
frequencies to be established before 1 July 1999,
using  the  procedure  laid  down  in  Article  29:

— any  laboratory  tests  on  the  spot,

— any  official  sampling  required  for  earliest

possible analysis.

5.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  5

1.
After  completion  of  the  required  veterinary  checks
the  official  veterinarian  shall  issue  a  certificate  for  the
consignment  of  products  concerned  certifying  the  results
of  the  checks  in  accordance  with  the  model  provided  in
Annex  B  to  Commission  Decision  93/13/EEC  laying
down the procedures for veterinary checks at Community
border 
third
countries (1),  adapted  where  appropriate  in  accordance
with  paragraph  4.

inspection  posts  on  products 

from 

The  certificate  referred  to  in  paragraph  1  shall

2.
accompany  the  consignment:

— as  long  as  the  consignment  remains  under  customs
supervision,  in  which  case  the  said  document  shall
refer  to  the  customs  document,

— in  the  case  of  importation,  as  far  as  the  first
establishment  as  referred  to  in  Directive  89/662/EEC,
or  as  far  as  the  first  centre  or  organisation  of
destination  as  referred  to  in  Directive  90/425/EEC.

If  the  consignment 

3.
paragraphs  1  and  2  shall  apply  to  each  part.

is  split,  the  provisions  of

Detailed  rules  for  the  application  of  this  Article,
4.
including  the  adaptations  of  Annex  B  to  Decision
93/13/EEC,  shall  be  adopted  in  accordance  with  the
procedure  laid  down  in  Article  29.

Article  6

1.

Border  inspection  posts  must:

(a) be  located  in  the  immediate  vicinity  of  the  point  of
entry into one of the territories listed in Annex I, and
in  an  area  which  is  designated  by  the  customs
authorities 
first
subparagraph,  points  (a)  and  (b)  of  Article  38(1)  of
Regulation  (EEC)  No  2913/92.

accordance  with 

the 

in 

border inspection post at a certain distance from the
point of introduction may be tolerated in accordance
with the procedure laid down in paragraph 2 and, in
the  case  of  rail  transport,  at  the  first  station  stop
designated  by  the  competent  authority;

(b) be  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  databases
referred  to  in  the  third  indent  of  Article  1(1)  of
Decision  92/438/EEC  is  carried  out.

2.
In  accordance  with  the  procedure  laid  down  in
Article  29,  the  list  of  border  inspection  posts  in  force  on
the date of publication of this Directive may subsequently
be  amended  or  supplemented:

(a) by  the  addition  of  any  new  border  inspection  posts:

— proposed  by 

and 

the  Member  State,  once 

the
competent  authority  has  checked  that  it  complies
with  the  requirements  of  Annex  II  to  this
Directive 
of  Commission  Decision
92/525/EEC  of  3  November  1992  laying  down
requirements  for  the  approval  of  Community
border inspection posts responsible for veterinary
checks  on  products 
third
countries (2),

introduced 

from 

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

(b) by  withdrawal  of  a  border  inspection  post,  where  it
is found not to be complying with the conditions laid
down  in  Annex  II,  either  during  a  check  carried  out
by  the  competent  authority  or  if,  following  the
inspections  provided  for  in  Article  23,  the  Member
State does not take account of the conclusions of this
inspection  within  a  reasonable  time  especially  in
cases where the inspections have resulted in a serious
public  or  animal  health  risk.

3.
A  Member  State  must,  in  serious  cases,  particularly
on public or animal health grounds, suspend approval of
a  border  inspection  post  situated  in  its  territory.  It  shall
inform  the  Commission  and  the  other  Member  States  of
such suspension and of its reasons. The border inspection
post  may  be  restored  to  the  list  only  in  accordance  with
paragraph  2(a).

However,  where  necessitated  by  geographical
constraints (such as an unloading wharf or a pass), a

4.
The Commission shall draw up and publish a list of
approved  border  inspection  posts,  including  cases  where
approval  has  been  temporarily  suspended.

(1) OJ  L  9,  15.1.1993,  p.  33.  Decision  as  last  amended  by

Decision  96/32/EC  (OJ  L  9,  12.1.1996,  p.  9).

(2) OJ  L  331,  17.11.1992,  p.  16.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/13

the 

Pending 

adoption  of  decisions  under
5.
paragraph  2(a),  the  list  drawn  up  pursuant  to  the  Basic
Directive  90/675/EEC  shall  remain  applicable,  without
prejudice 
in
paragraph  3.

circumstances  provided 

the 

for 

to 

6.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  7

1.
Each  consignment  intended  for  import  into  one  of
the  territories  listed  in  Annex  I  shall  be  accompanied  by
the  original  veterinary  certificates  or  original  veterinary
documents  or  other  original  documents  as  required  by
veterinary 
legislation.  The  original  certificates  or
documents  shall  remain  at  the  border  inspection  post.

2. Without  prejudice  to  Article  10,  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  an  identity  check  and  a  physical  check  as
provided  for  in  Article  4(4).

3.
the
The  customs  authorities  shall  not  allow 
importation  of  consignments  of  products  unless  —
without  prejudice  to  the  customs  regulations  and  to  the
special  provisions  to  be  adopted  in  accordance  with
Article  10(2)  and  (3)  and  Article  18  —  proof  has  been
supplied  that  the  relevant  veterinary  checks  have  been
carried  out  with  satisfactory  results,  that  the  relevant
certificate has been issued in accordance with Article 5(1)
and that the competent authority has a guarantee that the
inspection 
in  Council  Directive
85/73/EEC  of  29  January  1985  on  the  financing  of
veterinary  inspections  and  controls  covered  by  Directives
89/662/EEC,  90/425/EEC,  90/675/EEC  and  91/496/EEC
(amended and consolidated) (1) have been or will be paid,
in  accordance  with  the  provisions  of  that  Directive.

referred 

fees 

to 

If  the  consignment  complies  with  the 

import
4.
conditions,  the  official  veterinarian  shall  provide  the
person  concerned  with  an  authenticated  copy  of  the
original  certificates  or  documents  and 
in
accordance  with  Article  5(1),  issue  a  certificate  declaring
that  the  consignment  complies  with  those  conditions  on
the  basis  of  the  veterinary  checks  carried  out  at  the
border  inspection  post.

shall, 

Trade  in  the  products  referred  to  in  Directives
5.
89/662/EEC and 90/425/EEC and allowed into one of the
territories  listed  in  Annex  I  to  this  Directive  under
paragraph  3  of  this  Article  shall  be  conducted  in
accordance  with  the  rules 
in  the  said
Directives,  in  particular  in  Chapter  II  thereof.

laid  down 

6.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  8

1. Where:

— products  are  intended  for  a  Member  State  or  an  area
the
specific 

having  obtained 
framework  of  Community  legislation,

requirements 

in 

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

— imports authorized for specific purposes are involved,
in  the  cases  provided  for  by  Community  legislation,

additional  information  must  be  communicated  to  the
competent authority of the place of destination by means
in  Directive
of 
90/425/EEC.

the  ANIMO  network  referred 

to 

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,
identity and physical checks laid down in Article 4(3) and
(4)  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  Community  rules  applicable  to  the
Member  State  or  area  of  destination.  However,  furred
wild  game  imported  unskinned  shall  undergo  an  identity
or  physical  check,  apart  from  the  health  check  and
residue  search  provided 
in  Council  Directive
96/23/EC  of  29  April  1996  on  measures  to  monitor
certain  substances  and  residues  thereof  in  live  animals
and  animal  products (2),  which  should  be  carried  out  in
accordance with Council 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 (3)  in  the  establishment  of
destination  where  the  meat  must  be  delivered  under
customs supervision in accordance with the first indent of
paragraph  4  of  this  Article  and  in  conjunction  with  the
certificate  referred  to  in  Article  5(1).

for 

The  results  of  the  checks  should  be  forwarded  to  the
veterinary authority responsible for the border inspection
post  at  which  the  products  entered.  Depending  on  the
outcome,  the  measures  laid  down  in  Article  24  shall  if
necessary  be  implemented.

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 the consignment involved reaches
the  intended  Member  State  of  destination.

(1) OJ  L  32,  5.2.1985,  p.  14.  Directive  as  last  amended  by

(2) OJ  L  125,  23.5.1996,  p.  10.
(3) OJ  L  268,  14.9.1992,  p.  35.  Directive  as  last  amended  by

Directive  96/43/EC  (OJ  L  162,  1.7.1996,  p.  1).

Directive  96/23/EC  (OJ  L  125,  23.5.1996,  p.  10).

L 24/14

EN

Official  Journal  of  the  European  Communities

30.1.98

Products  which  are  to  be  monitored  pursuant  to
4.
Community legislation from the border inspection post of
arrival  to  the  establishment  at  the  place  of  destination
shall  be  forwarded  under  the  following  conditions:

requirements, 

Where  an  establishment  fails  to  comply  with  the
notification 
the  Member  State  may
withdraw  its  approval  and  shall  impose  the  necessary
penalties 
in  keeping  with  the  nature  of  the  risk
incurred.

to 

inspection  post  of  arrival 

— the consignments in question shall be dispatched from
the  border 
the
establishment  at  the  place  of  destination  under  the
supervision  of  the  competent  authority  in  leak-proof
vehicles  or  containers  sealed  by  the  competent
authorities.  The  products  referred  to  in  the  third
indent  of  paragraph  1  shall  remain  under  customs
supervision until they reach the place of destination in
accordance  with  procedure  T5  as  laid  down  in
Commission  Regulation  No  2454/93  of  2  July  1993
laying  down  provisions  for  the  implementation  of
Council  Regulation  (EEC)  No  2913/92  establishing
the  Community  Customs  Code (1),  in  conjunction
with  the  certificate  provided  for  in  Article  5(1)
if
the  authorised  destination  and 
stipulating 
appropriate  citing  the  type  of  processing  intended,

— the  official  veterinarian  at  the  border  inspection  post
concerned  shall  inform  the  veterinary  authority  in
charge of the establishment at the place of destination
of  the  consignment  of  the  place  of  origin  and  the
place  of  destination  of  the  product  via  the  ANIMO
network,

— the products shall undergo, in the establishment at the
place  of  destination,  the  treatment  defined  in  the
relevant  Community  legislation,

— the official veterinarian at the place of destination or,
in  the  cases  provided  for  in  Chapter  10  of  Annex  I
to  Directive  92/118/EEC,  the  official  veterinarian
responsible  for  an  intermediate  warehouse,  shall  be
informed  by  the  management  of  the  establishment  of
destination  or  of  the  intermediate  warehouse  of  the
arrival  of  the  product  at  its  destination,  and  shall
within  15  days  notify  the  official  veterinarian  at  the
border  inspection  post  who  notified  him  of  the
shipment. He shall carry out regular checks to ensure
that the products have arrived at the establishment of
destination, 
in  particular  by  checking  the  entry
records.

5.
If  proof  is  given  to  the  competent  authority  of  the
border  inspection  post  of  entry,  without  prejudice  to  the
provisions  of  Article  20,  that  the  products  declared  as
being  intended  for  an  approved  establishment  never
arrived  at  their  destination,  the  authority  shall  take
appropriate  measures  vis-à-vis  the  person  responsible  for
the  load.

6. Member  States  shall  submit  to  the  Commission  the
list  of  approved  establishments  as  referred 
in
paragraph  4  for  the  products  concerned  in  accordance
with  the  relevant  Community  legislation.

to 

(1) OJ  L  253,  11.10.1993,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1427/97  (OJ  L  196,  24.7.1997,  p.  31).

The  Commission  shall  publish  the  list  of  approved
establishments  and  shall  arrange  for  its  updating  and
communication  to  the  Member  States.

7.
Detailed  rules  for  the  application  of  this  Article,
drawn up after consultation with the customs authorities,
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  9

1.
Consignments  intended  for  import  into  one  of  the
territories  listed  in  Annex  I  which  arrive  at  one  border
inspection  post  but  are  intended  for  import  via  another
border  inspection  post  situated  in  the  same  territory,  or
situated  in  the  territory  of  another  Member  State,  shall
be  subject  to  an  identity  check  and  a  physical  check  at
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  inspection
post  of  introduction:

(a)

if  the  consignment  is  transhipped  from  one  aircraft
to  another  or  from  one  vessel  to  another  within  the
customs  area  of  the  same  port  or  airport  either
directly  or  after  being  unloaded  on  the  quayside  or
the  tarmac  for  a  period  shorter  than  the  minimum
period  referred  to  in  (b),  the  competent  authority
shall  be  informed  by  the  person  responsible  for  the
load. It may, exceptionally if there is a risk to animal
or  public  health,  carry  out  a  documentary  check  of
the  products  on  the  basis  of  the  certificate  or
veterinary  document  of  origin  or  any  other  original
document  accompanying  the  consignment  concerned
or  an  authenticated  copy  thereof;

(b)

if  the  consignment  is  otherwise  unloaded,  it  must:

(i) be stored for a maximum and minimum period
to  be  determined
and  under  conditions 
according  to  the  procedure 
in
laid  down 
paragraph  2,  under  the  supervision  of  the
competent authority, in the customs area of the
port  or  airport  pending  forwarding  to  another
border  inspection  post  by  sea  or  air;

(ii) be  subjected  to  a  documentary  check  of  the
products  in  relation  to  the  documents  referred
to  in  (a);

(iii) without  prejudice  to  Article  20,  be  subjected
exceptionally  to  an 
identity  check  and  a
physical  check  if  there  is  any  possibility  of
danger  to  public  or  animal  health.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/15

Detailed  rules  for  the  application  of  this  Article
2.
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

The  Council,  acting  by  qualified  majority  on  a
the

3.
proposal 
provisions  of  this  Article  to  rail  transhipment.

the  Commission,  may  extend 

from 

(d) nature  of  the  measures  applied  by  the  third  country

for  monitoring  and  combating  disease;

(e)

(f)

structures,  skills,  independence  and  qualifications  of
the  veterinary  service  or  other  competent  services;

compliance  with  the  minimum  standards  laid  down
by  Community 
law  with  regard  to  production
hygiene;

Article  10

(g)

type  of  product  or  products  and  its/their  potential
health  risk;

1.
At  the  request  of  a  Member  State,  accompanied  by
the requisite supporting information, or acting on its own
initiative,  the  Commission  may,  in  accordance  with  the
procedure  laid  down  in  Article  29,  determine  that
physical  checks  are  to  be  less  frequent,  under  certain
conditions  and  in  particular  in  the  light  of  the  results  of
previous checks, on products for which import conditions
are  harmonised,  i.e.  products  which  meet  the  following
three  conditions:

(a)

(b)

they  originate  in  third  countries  or  regions  of  third
countries  offering  satisfactory  health  guarantees  as
regards  checks  at  the  point  of  origin  on  products
intended  for  import  into  one  of  the  Community
territories  listed  in  Annex  I;

insofar  as  is  required  under  Community  legislation
they come from establishments on a list drawn up in
accordance  with  Community  rules  or,  in  the  case  of
establishments  approved  in  accordance  with  Council
Decision  95/408/EC  of  22  June  1995  on  the
conditions  for  drawing  up,  for  an  interim  period,
provisional lists of third-country establishments from
which  Member  States  are  authorised  to  import
certain products of animal origin, fishery products or
live bivalve molluscs (1), from an establishment which
has  undergone  either  a  Community  or  a  national
inspection;

(c)

import  certificates  have  been  issued  for  the  products
concerned.

2.
Before  submitting  a  proposal  for  granting  such
derogations  in  respect  of  products  from  a  given  third
country,  the  Commission  shall  submit  a  report  to  the
Standing  Veterinary  Committee  on  that  third  country
taking  account  of  the  following:

(h) rules  on  the  authorisation  of  certain  substances  and
compliance  with  the  requirements  set  out  in  Council
Directive  96/22/EC  of  29  April  1996  concerning  the
prohibition  on  the  use  in  stockfarming  of  certain
substances  having  a  hormonal  or  thyrostatic  action
and  of  (cid:226)-agonists (2)  and  in  Directive  96/23/EC;

(i) outcome  of  the  Community  inspection  or  national

inspection  visits;

(j) outcome  of  the  import  checks  carried  out;

(k) an  analysis  of  the  risk  involved  owing  to  the  nature
of the products to be imported, their presentation or
mode  of  transport  used.

3. Without  prejudice  to  paragraph  1  reductions  in  the
frequency  of  checks  may  also  be  negotiated  under  a
veterinary  equivalence  agreement  concluded  between  the
Community  and  a  third  country  on  a  reciprocal  basis.

Such  reductions  must  be  adopted  according  to  the
procedure  laid  down  in  Article  29.

4.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  11

A  Member  State  shall,  on  behalf  of  all  Member
1.
States  through  which  transit  is  due  to  take  place,  only
authorise  the  transit  of  consignments  from  one  third
country  to  another  third  country  if:

(a)

the  guarantees  offered  by  the  third  country  in
question for all or part of its territory with respect to
compliance with Community requirements, including
those  for  residue  checks;

(a)

(b)

the  health  situation  of  animals  in  the  third  country
concerned;

(c)

information  on  the  general  health  situation  in  the
country;

to 

such consignments come from a third country whose
products  are  not  prohibited  entry  on 
the
territories  listed  in  Annex  I  and  are  intended  for
another third country. The competent authority may
waive this requirement for transhipments carried out
in  accordance  with  Article  9(1)(a)  of  consignments
from  one  aircraft  to  another  or  from  one  vessel  to
another within the customs area of the same port or
airport for the purpose of redispatch without further
stop  on  the  territories  listed  in  Annex  I  following

(1) OJ  L  243,  11.10.1995,  p.  17.  Decisions  as  last  amended  by

Decision  97/34/EC  (OJ  L  13,  16.1.1997,  p.  33).

(2) OJ  L  125,  23.5.1996,  p.  3.

L 24/16

EN

Official  Journal  of  the  European  Communities

30.1.98

general  criteria  to  be  fixed  in  accordance  with
paragraph  4;

(b) such  transit  has  been  previously  authorised  by  the
official  veterinarian  of  the  border  inspection  post  of
the Member State where the consignment first arrives
in  one  of  the  territories  listed  in  Annex  I;

(c)

the  person  responsible  for  the 
load  undertakes
beforehand  to  repossess  the  consignment  if  the
products  concerned  are  rejected  and  to  dispose  of  it
in  accordance  with  Article  17.

The  authorisation  referred  to  in  paragraph  1  shall

2.
be  subject  to  compliance  with  the  following  conditions:

(a) consignments  presented  for  transit  at  the  border
inspection  post  shall  be  accompanied  by 
the
documents  referred  to  in  Article  7(1)  together,  if
necessary,  with  authenticated  translations  of  such
documents;

(b)

the  consignment  of  products  must  be  presented  at
the  said  border  inspection  post  in  order  to  undergo
the  documentary  check  and  identity  check.

Derogation  from  the  documentary  and 
identity
checks  may  be  granted  by  the  competent  veterinary
authority  for  sea  and  air  transport  where  the
consignment:

— is  not  unloaded.  In  this  case,  and  without
prejudice  to  Article  20,  documentary  checks  will
be  confined  to  examination  of  the  on-board
manifest,

— is transhipped as described in Article 9(1)(a) from
one  aircraft  to  another  or  from  one  vessel  to
another within the customs area of the same port
or  airport.

In  exceptional  cases  which  may  present  a  public
health  or  animal  health  risk  or  when  irregularities
are  suspected,  additional  physical  checks  must  be
carried  out;

(c)

in  the  case  of  passage  by  road,  rail  or  by  waterway
through  the  territories  listed  in  Annex  I,  such  a
consignment  shall:

— be sent under customs supervision, in accordance
with  the  T1  procedure  laid  down  in  Regulation
(EEC)  No  2913/92  to  the  point  of  exit  from
the  Community,  together  with  the  document
required  under  2(a)  and  the  certificate  referred
to  in  Article  5(1)  certifying  the  border  inspection
post  where  the  consignment  will 
leave  the
Community,

— be  transported,  without  the  products  being
the  border
unloaded  or  split  after 
inspection  post  of  arrival, 
in  vehicles  or
containers  sealed  by  the  authorities.  No  handling
shall  be  authorised  during  transport,

leaving 

— leave  the  Community  via  a  border  inspection
post  within  a  maximum  of  30  days  following

departure  from  the  border  inspection  post  of
entry,  except  where  a  general  exemption 
is
granted  in  accordance  with  the  procedure  laid
down  in  paragraph  4  to  take  account  of  duly
substantiated  cases  of  geographical  remoteness;

(d)

(e)

the official veterinarian who authorises the transport
shall  inform  the  official  veterinarian  of  the  border
inspection  post  of  exit  via  the  ANIMO  network;

the official veterinarian of the border inspection post
of  exit  shall  declare  on  the  certificate  referred  to  in
Article  5(1)  that  the  consignments  concerned  have
left  the  Community  and  shall  send  a  copy  of  the
document  to  the  border  inspection  post  of  entry  by
fax  or  any  other  means.

the  official  veterinarian  of 

Should 
the  border
inspection  post  of  entry  not  have  been  informed  of
the exit of the products from the Community within
the  period  specified  in  the  third  indent  of  2(c),  he
shall  refer  the  matter  to  the  competent  custom
authority,  which  shall  investigate  as  necessary  to
determine  the  actual  destination  of  the  products.

3.
All  expenditure  incurred  pursuant  to  this  Article
shall be chargeable to the person responsible for the load
or  his  representative,  without  indemnification  by  the
Member State, in accordance with the principles deriving
from  Article  1  of  Directive  85/73/EEC.

Detailed  rules  for  the  application  of  this  Article,  in
4.
particular  the  exchange  of  information  between  the
border  inspection  posts  of  entry  and  of  exit,  shall  be
adopted  in  accordance  with  the  procedure  laid  down  in
Article 29.

Article  12

1.
Consignments  coming  from  a  third  country  and
intended  for  a  free  zone,  a  free  warehouse  or  a  customs
warehouse  may,  in  accordance  with  Regulation  (EEC)
No  2913/92,  be  admitted  by  the  competent  authority
only  if  the  person  responsible  for  the  load  has  declared
beforehand  that  the  products  concerned  are  destined
ultimately  for  release  into  free  circulation  on  one  of  the
territories  listed  in  Annex  I  or  if  there  is  some  other
end-use  to  be  specified,  and  whether  or  not  the  products
comply  with  the  import  conditions.

In  the  absence  of  a  clear  indication  of  their  end-use,
products  must  be  considered  as  intended  for  release  into
free  circulation  on  one  of  the  territories 
in
Annex  I.

listed 

Such  consignments  shall  undergo,  at  the  border
2.
inspection  post  of  introduction,  a  documentary,  identity
and  physical  check  in  order  to  determine  whether  or  not
the  products  comply  with  the  said  import  conditions.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/17

A physical check shall however not be required — except
on suspicion of an animal health or public health risk —
should  it  appear  from  the  documentary  check  that  the
products  do  not  meet  Community  requirements.

the
Such  consignments  shall  be  accompanied  by 
documents  referred  to  in  Article  7(1).  If  necessary,
authenticated  translations  of  such  documents  shall  be
attached.

If,  following  the  checks  referred  to  in  paragraph  2,
3.
it  is  found  that  Community  requirements  have  been  met,
the  official  veterinarian  of  the  border  inspection  post
shall  issue  the  certificate  referred  to  in  Article  5(1)  in
conjunction with the  customs  documents. The competent
veterinary  and  customs  authorities  of 
the  border
inspection  post  shall  authorise  entry  to  a  warehouse
in  a  free  zone,  to  a  free  warehouse  or  to  a  customs
warehouse.  Such  products  shall  from  a  veterinary  point
of  view  be  declared  fit  for  subsequent  release  into  free
circulation.

4.
If,  following  the  checks  referred  to  in  paragraph  2,
it  is  found  that  the  products  concerned  do  not  meet
Community  requirements  the  official  veterinarian  of  the
border  inspection  post  shall  issue  the  certificate  referred
to  in  Article  5(1)  in  conjuction  with  the  official  customs
documents. The customs and veterinary authorities of the
border  inspection  post  may  in  such  cases  only  authorise
entry  to  a  warehouse  in  a  free  zone,  to  a  free  warehouse
or  to  a  customs  warehouse  if,  without  prejudice  to
Article  16,  the  following  requirements  are  met:

(a) products must not come from a third country subject
to a prohibition as laid down in Article 11(1)(a), first
sentence;

(b) warehouses  in  free  zones  and  free  warehouses  or
customs  warehouses  must  be  approved  by  the
competent  authority  for  the  storage  of  the  products.
In  order  to  be  approved,  they  must  meet  the
following  requirements:

— they  must  consist  of  a  closed  space  with  entry
and  exit  points  subject  to  permanent  control
by  the  management  of  the  warehouse.  If  a
warehouse  is  located  in  a  free  zone,  the  entire
zone must be closed and placed under permanent
customs  control,

in  Community 

— they  must  meet  the  conditions  of  approval  laid
down 
legislation  as  regards
warehouses  storing  the  product(s)  concerned,  or,
should  there  be  no  such  Community  legislation,
in national legislation,

— they  must  have  arrangements  for  the  daily
logging  of  all  consignments  entering  or  leaving
the  warehouse,  with  details  of  the  nature  and
quantity of the products per consignment and the
name  and  address  of  the  recipient.  Such  records
must  be  kept  for  at  least  three  years,

— they  must  possess  storage  and/or  refrigeration
rooms  allowing  for  separate  storage  of  products
which  do  not  comply  with  veterinary  legislation.

The  competent  authority  may,  however,  in  the
case  of  existing  warehouses,  authorise  separate
storage  of  such  products  on  the  same  premises
when  products  not  complying  with  Community
standards  are  stored  in  lockable  enclosures,

— they  must  have  available  premises  reserved  for
the  staff  carrying  out  the  veterinary  checks.

If  the  checks  referred  to  in  paragraph  2  show  that
the  person  responsible  for  the  load  has  made  a  false
declaration  pursuant  to  paragraph  1,  he  shall  be
obliged  to  dispose  of  the  goods  in  accordance  with
Article 17.

The  competent  authorities  shall  take  all  necessary

5.
steps:

— to  ensure  that  the  conditions  for  approval  of

warehouses  are  maintained,

— to  prevent  products  which  do  not  comply  with
Community  veterinary  requirements 
from  being
stored in the same rooms or enclosures as those which
do  so  comply,

— to ensure an effective check on entries and exits from
the  warehouse  and,  during  the  hours  of  access,  to
ensure  supervision  by  the  veterinary  authority.  They
must  in  particular  ensure  that  products  not  meeting
Community  requirements  cannot  leave  the  rooms  or
units  where  they  are  stored  without  the  agreement  of
the  competent  authority,

— to  carry  out  all  checks  necessary  to  avoid  any
alteration,  substitution  of  products  stored  in  the
warehouse  or  any  change  of  packaging,  market
preparation  or  processing.

6.
A  Member  State  may,  on  grounds  of  animal  or
public  health,  refuse  entry  to  a  customs  warehouse,  free
warehouse  or  free  zone  to  products  if  they  do  not  meet
the  conditions  laid  down  in  Community  legislation.

7.
Consignments  must  not  enter  a  free  zone,  free
warehouse  or  customs  warehouse  unless  protected  by
customs  seals.

8.
The  consignments  referred  to  in  paragraph  4  may
only  leave  a  free  zone,  a  free  warehouse  or  a  customs
warehouse,  in  order  to  be  dispatched  to  a  third  country
or  to  a  warehouse  as  referred  to  in  Article  13,  or  to  be
destroyed,  provided  that:

— despatch  to  a  third  country  is  in  accordance  with  the
requirements of Articles 11(1)(c) and 11(2)(a), (c), (d)
and  (e),

— trasfer  to  a  warehouse  as  referred  to  in  Article  13  is
carried out under cover of a T1 customs control form,
with  the  name  and 
location  of  the  warehouse
mentioned  in  the  accompanying  certificate  provided
for  in  that  Article,

L 24/18

EN

Official  Journal  of  the  European  Communities

30.1.98

— transport  to  a  place  of  destruction  takes  place
concerned  have  been

the  products 

after 
denatured.

The  consignments  in  question  shall  subsequently  be
forwarded  under  such  conditions  as  to  ensure  that
transport 
is  carried  out,  without  the  goods  being
unloaded,  under  the  supervision  of  the  competent
authorities  in  leak-proof  vehicles  or  containers  sealed  by
the  competent  authorities.

Such  consignments  may  not  be  transferred  between  the
warehouses  referred  to  in  this  Article.

9.
All  expenditure  incurred  pursuant  to  this  Article,
including  the  costs  of  inspection  and  checks  required
thereby, shall be chargeable to the person responsible for
the load or his representative, without indemnification by
the  Member  State,  in  accordance  with  the  principles
deriving  from  Article  1  of  Directive  85/73/EEC.

10. Member States shall submit to the Commission the
list  of:

(a)

free  zones,  free  warehouses  and  customs  warehouses
as  referred  to  in  paragraph  4;

(b) operators  as  referred  to  in  Article  13.

The  Commission  shall  arrange  for  the  publication  of  the
list  in  (a)  in  the  Official  Journal  of  the  European
Communities  and  forward  the  list  of  operators  in  (b)  to
the  other  Member  States.

In  the  event  of  failure  to  comply  with  the
11.
conditions  set  out  in  paragraphs  1  to  10  and  insofar  as
those  conditions  apply  to  the  warehouse,  the  competent
authority  shall  suspend  or  withdraw  its  approval  as
referred  to 
inform  the
in  paragraph  4(b).  It  shall 
Commission  and  the  other  Member  States  of  any  such
withdrawal.

Where  irregularities,  either  deliberate  or  due  to  serious
negligence,  are  found,  the  penalties  laid  down  by  the
national  law  of  the  Member  State  concerned  shall  be
applied to the person responsible for the transport of the
consignment  after  it  has  left  the  warehouse.

Detailed rules for the application of this Article, in
12.
particular  the  checking  procedures  to  be  carried  out  on
the  arrival  and  on  the  departure  of  consignments  to  and
from  such  zones  or  warehouses,  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  laid  down  in  Article  29.

Article  13

1. Operators  who  directly  supply  cross-border  means
of  sea  transport  with  products  referred  to  Article  12(4)
for  the  purposes  of  consumption  by  staff  and  passengers
must, 
in  addition  to  meeting  the  requirements  of
Article 12(1), (2), (4)(a) and the second, third and fourth
indents  of  (4)(b),  (5),  (6),  (7)  and  (9):

(a) be authorised beforehand by the competent authority

as  operators;

(b) acquire  supplies  of  products  which  cannot  be
processed  unless  the  raw  material  complies  with
Community  requirements;

(c) possess  closed  premises  whose  entry  and  exit  points
are  under  permanent  control  of 
the  person
responsible.  Where  a  warehouse  is  located  in  a  free
zone,  the  requirements  of  Article  12(4)(b),  first
indent,  second  sentence,  shall  apply;

(d) undertake  not  to  release  the  products  referred  to  in
Article  12(4)  for  consumption  on  one  of  the
territories  listed  in  Annex  I;

(e) notify the competent authority as soon as possible of
the arrival of the products at a warehouse as referred
to  in  (c).

2.

The  operators  referred  to  in  paragraph  1  must:

(a) carry  out  deliveries  directly  on  board  the  means  of
sea  transport  or  to  a  specially  approved  warehouse
in the port of destination, provided that measures are
taken  to  ensure  that  the  products  concerned  under
no  circumstances  leave  the  port  zone  for  another
destination.  The  transport  of  products  from  the
warehouse  of  origin  to  the  port  of  destination
must  be  carried  out  under  customs  supervision  in
accordance  with  procedure  T1  as  laid  down  in
Regulation  (EEC)  No  2913/92  and  be  accompanied
by  a  veterinary  certificate  formulated  in  accordance
with  the  procedure  in  paragraph  6;

(b) notify  in  advance  the  competent  authority  of  the
port  zone  of  the  Member  State  from  which  the
products are delivered and the competent authorities
of the port of the Member State of destination of the
date of dispatch of the products together with details
of  their  place  of  destination;

(c) provide official proof that the products have reached

their  final  destination;

(d) keep  a  register  of  entries  and  dispatches  for  at  least
three  years.  The  register  must  enable  a  check  to  be
made  on  portions  of  consignments  remaining  in  the
warehouse.

3. Operators  should  ensure  that  they  do  not  supply
vessels  with  products  not  complying  with  Community
requirements  except  to  supply  passengers  and  crew
outside  the  coastal  areas  of  the  territories  listed  in
Annex  I,  as  defined  by  national  regulations.

The  competent  authority  of  the  port  zone  of  the
4.
Member State from which the products are supplied shall
notify  the  competent  authority  of  the  port  zone  of  the
Member  State  of  destination  not  later  than  the  time  of

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/19

dispatch  of  the  products  and  shall  inform  it  of  the  place
of  destination  of  the  products  via  the  ANIMO  network.

(c)

5.
In the event of failure to comply with the conditions
of  this  Article,  the  competent  authority  must  withdraw
the  authorization  referred  to  in  1(a).  It  shall  inform  the
Commission  and  the  other  Member  States  of  any  such
withdrawal.

6.
Detailed  rules  for  the  application  of  this  Article,  in
particular  the  checking  procedures  to  be  carried  out  on
the  departure  and  during  the  transport  and  delivery  of
the products due to be delivered directly on board means
of sea transport, including proof that such products have
reached  their  legal  destination,  shall  be  adopted  in
accordance  with  the  procedure  laid  down  in  Article  29.

Article  14

the  meaning  of  Regulation 

Products for which the customs-approved treatment
1.
or  use  within 
(EEC)
No  2913/92  is  other  than  as  provided  for  in  Articles  7
and  12(3)  of  this  Directive,  shall,  unless  they  are
destroyed  or  returned,  undergo  an  identity  check  and  a
physical check in order to determine whether or not 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  laid  down  in  Article  29.

Article  15

1.
A  Member  State  shall  authorise  the  re-importation
of a consignment of products of Community origin which
was  refused  by  a  third  country,  if:

the  consignment  is  directly  returned,  under  the
conditions  provided  for 
in  Article  8(4)  to  the
establishment  of  origin  in  the  Member  State  where
the  certificate  was  issued  and  that,  if  transit  across
another  Member  State  is  involved,  it  has  been
previously  authorised  by  the  official  veterinarian  of
the  border  inspection  point  of  the  Member  State
where  the  consignment  first  arrives  in  one  of  the
territories  of  the  Community  listed  in  Annex  I,  on
behalf  of  all  Member  States  through  which  the
consignment  will  transit.

2.
A  Member  State  cannot  oppose  the  reintroduction
of  a  consignment  of  products  of  Community  origin
refused  by  a  third  country  if  the  competent  authority
which  issued  the  original  certificate  has  agreed  to  take
back  the  consignment  and  the  conditions  laid  down  in
paragraph  2  have  been  met.

3.
In the circumstances envisaged in paragraphs 1 and
2, the products in question shall be forwarded under such
conditions as to ensure that transport is carried out as far
as  the  establishment  of  origin  in  accordance  with  the
procedure  laid  down  in  Article  8(4)  in  leak-proof  means
of  transport,  identified  and  sealed  by  the  competent
authority  so  that  the  seals  will  be  broken  whenever  the
container  is  opened.

4.
the
The  official  veterinarian  who  authorizes 
transport  shall  inform  the  competent  authority  of  the
place  of  destination  via  the  ANIMO  network.

All  expenditure  incurred  pursuant  to  this  Article,
5.
including  the  costs  of  inspection  and  checks  required
thereby, shall be chargeable to the person responsible for
the load or his representative, without indemnification by
the  Member  State,  in  accordance  with  the  principles
deriving  from  Article  1  of  Directive  85/73/EEC.

6.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

(a)

the  products  are  accompanied:

Article  16

the 

certificate 

(i) either  by  the  original  certificate  or  a  copy
authenticated  by  the  competent  authority  which
issued 
the
products, together with details of the reasons for
refusal  and  a  guarantee  that  the  conditions
governing  the  storage  and  transport  of  products
have  been  observed,  stating  that  the  products
concerned  have  not  undergone  any  handling;

accompanying 

(ii)

in  the  case  of  sealed  containers,  by  a  certificate
from the carrier stating that the content has not
been  handled  or  unloaded;

(b)

the products in question undergo a documentary and
identity  check  and,  in  the  cases  provided  for  in
Article  20,  a  physical  check;

1.

This  Chapter  shall  not  apply  to  products  which:

(a)

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

(b) are  sent  as  small  consignments  to  private  persons,
provided  that  the  products  are  not  being  imported
by  way  of  trade,  insofar  as  the  quantity  sent  does
not  exceed  a  quantity  to  be  defined  in  accordance
with  paragraph  3  and  provided  that  the  products

L 24/20

EN

Official  Journal  of  the  European  Communities

30.1.98

come from a third country or part of a third country
appearing  on  a  list  drawn  up  in  accordance  with
Community  rules,  and  from  which  imports  are  not
prohibited;

The  Commission  shall  determine  the  implementing
3.
rules  and  in  particular  the  weight  limits  for  the  different
products  liable  to  be  covered  by  the  derogations  referred
to in paragraph 1, in accordance with the procedure laid
down  in  Article  29.

(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.

Article  17

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

1.
Consignments which have been introduced into one
of  the  territories  of  the  Community  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 redispatch them in
accordance  with  paragraph  2(a).

(d) have,  where  quantities  not  exceeding  a  figure  to  be
fixed  in  accordance  with  paragraph  3  are  involved,
undergone  heat  treatment  in  a  hermetically  sealed
container  to  an  F0  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  consignments  to  private
persons,  provided  that  the  products  are  not
being  imported  by  way  of  trade;

(e) are  sent  as  trade  samples  or  are  intended  for
exhibitions provided that they are not intended to be
marketed  and  have  been  authorised  in  advance  for
that  purpose  by  the  competent  authority;

(f) are intended for particular studies or analyses insofar
as  it  is  possible  to  determine  from  the  official
inspection  that  such  products  are  not  supplied  for
human consumption and that, when the exhibition is
finished  or  when  the  particular  studies  or  analyses
have  been  carried  out,  these  products,  with  the
exception of the quantities used for the analyses, are
destroyed or redispatched under certain conditions to
be  laid  down  by  the  competent  authority.

In  the  case  referred  to  under  (e)  and  in  this  case  the
Member  State  of  destination  shall  ensure  that  the
products  concerned  cannot  be  used  for  purposes
other  than  those  for  which  they  were  imported  into
its  territory.

Paragraph  1  shall  not  affect  the  rules  applicable  to
2.
fresh  meat  and  meat  products 
in  accordance  with
Article  1(2)  of  Council  Directive  72/462/EEC  of
12  December  1972  on  health  and  veterinary  inspection
problems on importation of animals of the bovine, ovine,
caprine  and  porcine  species,  fresh  meat  and  meat-based
products  from  third  countries (1).

2. Where the checks referred to in this Directive show
the competent authority that the product does not satisfy
the  import  conditions,  or  where  such  checks  reveal  an
irregularity, the competent authority, in consultation with
the  person  responsible  for  the  load  or  his  representative,
shall decide:

(a) either 

to 

redispatch 

the  product  outside 

the
territories  listed  in  Annex  I  from  the  same  border
inspection  post  to  a  destination  agreed  with  the
person  responsible  for  the  load,  using  the  same
means of transport, within a maximum time limit of
60 days, where this is not precluded by the results of
the  veterinary  inspection  and  health  requirements.

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 

to 
veterinary 

the
Commission  in  accordance  with  the  procedure
invalidate
referred 
the 
documents
certificates 
accompanying  the  rejected  products  so  that  it  is
not  possible  to  reintroduce  the  rejected  products
via  another  border  inspection  post;

paragraph 

7, 
or 

in 

for 

the 

load  gives  his 

(b) or,  if  redispatch  is  impossible  or  the  60-day  time
limit  referred  to  in  (a)  has  elapsed  or  the  person
responsible 
immediate
agreement,  destroy  the  products  in  the  facilities
provided  for  that  purpose  nearest  to  the  border
inspection post in accordance with Council Directive
90/667/EEC  of  27  November  1990  laying  down  the
veterinary  rules  for  the  disposal  and  processing  of
animal  waste,  for  its  placing  on  the  market  and  for
the  prevention  of  pathogens  in  feedstuffs  of  animal
or  fish  origin (2).

(1) OJ  L  302,  31.12.1972,  p.  28.  Directive  as  last  amended  by

(2) OJ  L  363,  27.12.1990,  p.  51.  Directive  as  last  amended  by

Directive  96/91/EC  (OJ  L  13,  16.1.1997,  p.  27).

the  1994  Act  of  Accession.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/21

Pending redispatch of the products referred to in this
point  or  confirmation  of  the  reasons  for  rejection,
the  competent  authorities  shall  store  the  products  in
question  under  the  supervision  of  the  competent
authority  at  the  expense  of  the  person  responsible
for  the  load.

Those  plans  shall  specify  the  checks  carried  out  to
prevent  products  introduced  into  those  territories  being
redispatched  under  any  circumstances  to  other  parts  of
Community  territory,  unless  such  territories  comply  with
the  requirements  of  Community  veterinary  legislation.

3.
The  provisions  of  Articles  23  and  24  shall  apply
where the checks referred to in paragraphs 1 and 2 reveal
that  a  serious  infringement  or  repeated  infringements  of
Community  veterinary  legislation  has  or  have  been
committed.

Paragraph 2 shall not apply where an authorisation
4.
has  been  given  by  the  competent  authority  in  order  to
permit  the  use  of  products  in  accordance  with  Directive
90/667/EEC,  provided  that  there  is  no  risk  to  public  or
animal health.

The  person  responsible 

5.
load  or  his
representative  shall  be  liable  for  the  costs  incurred  in  the
process of redispatching or destroying the consignment or
using  the  product  for  other  purposes.

the 

for 

result  of 

Furthermore,  where  an  irregularity  has  been  found  to  be
serious  negligence  or  a  deliberate
the 
the
the  Member  State  must 
infringement, 
penalties  provided  for  in  its  national  legislation  on  the
person  responsible  for  the  load.

impose 

The  provisions  of  Decision  92/438/EEC  shall

6.
apply.

7.
Detailed rules for the application of paragraphs 1 to
3,  particularly  the  standardisation  of  the  assessment
criteria  for  deciding  on  refusal,  seizure  or  destruction,
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

Article  18

The  Commission,  in  accordance  with  the  procedure  laid
down  in  Article  29,  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
listed  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  the  French  Republic  and  the  Hellenic
Republic  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.

Article  19

The Commission, in accordance with the procedure
1.
laid  down  in  Article  29,  shall  draw  up  a  list  of  plant
products  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  authorised  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.

Fresh  fishery  products  immediately  landed  from  a
2.
fishing  vessel  flying  a  third-country  flag  shall, 
in
accordance  with  Council  Regulation  (EEC)  No  1093/94
of  6  May  1994  setting  the  terms  under  which  fishing
vessels  of  a  third  country  may  land  directly  and  market
their catches at Community ports (1), and before they can
be  imported  into  any  of  the  territories  listed  in  Annex  I,
undergo the veterinary checks laid down in respect of fish
immediately  landed  by  fishing  vessels  flying  the  flag  of  a
Member  State.

However,  by  way  of  derogation  from  Article  3(2)  a
Member  State  may,  under  the  procedure  provided  for  in
Article  29,  be  authorised  to  carry  out  the  checks  laid
down  by  this  Directive  in  the  case  of  frozen  and
deep-frozen  tuna  that  has  been  landed  directly  without
having  been  beheaded  or  gutted  from  a  vessel  belonging
to  joint  enterprises  registered  in  accordance  with  the
relevant  Community  provisions,  provided  that:

— such  checks  are  carried  out  by  the  competent
authority  of  the  nearest  border  inspection  post  in  the
industry of destination approved for the processing of
those  products,

(1) OJ  L  121,  12.5.1994,  p.  3.

L 24/22

EN

Official  Journal  of  the  European  Communities

30.1.98

— the  processing  industry  is  located  not  more  than

75  km  from  a  border  inspection  post,

Article  21

— the products are transferred under customs control, in
accordance  with  the  procedure  laid  down  in  the  first
indent  of  Article  8(4),  from  the  point  of  landing  to
the  industry  of  destination.

In  accordance  with  the  procedure  laid  down  in
3.
Article  29,  derogations  may  be  granted  from  the
provisions  of  Article  6(1)(b)  and,  as  regards  the  staff
responsible  for  carrying  out  the  checks  and  for  issuing
certificates, from those of Article 4(1) and Article 5(1) for
border  inspection  posts  where  fish  are  presented  in
accordance with Council Directive 91/493/EEC of 22 July
1991 
the
production  and  the  placing  on  the  market  of  fishery
products (1).

the  health  conditions 

laying  down 

for 

Article  20

1. 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:

(a)

the  identity  or  actual  destination  of  a  product;

(b) whether  the  product  corresponds  to  the  guarantees
legislation  for  that  kind  of

in  the 

laid  down 
product;

(c) compliance  with 

the  animal  or  public  health

guarantees  laid  down  in  Community  legislation;

carry  out  any  veterinary  checks  the  veterinarian  or
authority  deems  appropriate  in  order  to  confirm  or  rule
out  suspicion.

The products checked must remain under the supervision
of the competent authority until the results of the checks
are  obtained.

If the suspicions are confirmed, checks on products of the
same  origin  must  be  intensified  in  accordance  with
Article  17(3).

1.
The Republic of 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  29.
Those measures shall ensure that all the necessary checks
are  carried  out  as  close  as  possible  to  the  Community’s
external  frontier.

The Republic of Finland shall have a period of two
2.
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  29.
Those measures shall ensure that all the necessary checks
are  carried  out  as  close  as  possible  to  the  Community’s
external  frontier.

3.
At the request of a Member State, the requirements
of the eighth indent of Annex II may, in accordance with
the  procedure  laid  down  in  Article  29,  be  waived  for
border  posts  located  at  the  border  of  applicant  countries
for  a  period  of  two  years  following  1  July  1999.

CHAPTER  II

SAFEGUARD  PROVISIONS

Article  22

to 

If,  in  the  territory  of  a  third  country,  a  disease
1.
referred 
in  Council  Directive  82/894/EEC  of
21 December 1982 on the notification of animal diseases
within  the  Community (2),  a  zoonosis  or  other  disease  or
any  other  phenomenon  or  circumstance  liable  to  present
a serious threat to animal or public health manifests itself
or spreads, 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  or  in  the  checks  carried
out  in  a  border  inspection  post,  the  Commission  shall,
acting on its own initiative or at the request of a Member
State, adopt one of the following measures without delay,
depending  on  the  gravity  of  the  situation:

2.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

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

(1) OJ  L  268,  24.9.1991,  p.  15.  Directive  as  last  amended  by

(2) OJ  L  378,  31.12.1982,  p.  58.  Directive  as  last  amended  by

Directive  96/23/EC  (OJ  L  125,  23.5.1996,  p.  10).

the  1994  Act  of  Accession.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/23

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

— draw up, on the basis of actual findings, requirements
for appropriate checks, which may include specifically
looking  for  risks  to  public  or  animal  health  and,
depending  on  the  result  of  those  checks,  increase  the
frequency  of  the  physical  checks.

If  any  one  of  the  checks  provided  for  in  this
2.
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 

in

question,

— it 

shall 

immediately 

the  other  border
inspection  posts  and  the  Commission  of  the  findings
and  of  the  origin  of  the  products,  in  accordance  with
Decision  92/438/EEC.

inform 

In  the  case  provided  for  in  paragraph  1,  the
3.
Commission  may  take  provisional  safeguard  measures  in
respect  of  products  covered  by  Articles  11,  12  and  13.

Representatives  of  the  Commission  may  make  an

4.
immediate  visit  to  the  third  country  concerned.

5. Where  a  Member  State  officially 
informs  the
Commission  of  the  need  to  take  safeguard  measures  and
the  latter  has  not  applied  the  provisions  of  paragraphs  1
to  3  or  has  not  informed  the  Standing  Veterinary
Committee in accordance with paragraph 6, the Member
State  may  take  interim  safeguard  measures  in  respect  of
the  products  in  question.

When  a  Member  State  takes  interim  safeguard  measures
in  respect  of  a  third  country  or  an  establishment  in  a
third  country  under  this  paragraph,  it  shall  inform  the
other  Member  States  and  the  Commission  thereof  in  the
Standing  Veterinary  Committee.

the  Standing  Veterinary
Within  10  working  days 
Committee  shall  have  the  matter  referred  to  it,  pursuant
to  the  terms  of  Article  28,  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  28  may  also  be  used  for  adopting  the  necessary
decisions,  including  those  relating  to  intra-Community
movement  of  products  and  to  transit.

Decisions  to  amend,  repeal  or  extend  measures
6.
decided on under paragraphs 1, 2, 3 and 5 shall be taken
in  accordance  with 
in
Article  28.

the  procedure 

laid  down 

7.
Detailed  rules  for  the  application  of  this  Chapter
shall be adopted, where necessary, in accordance with the
procedure  laid  down  in  Article  29.

CHAPTER  III

INSPECTION  AND  CHECKS

Article  23

1. Whenever  uniform  application  of  the  requirements
of  this  Directive  renders  it  necessary,  veterinary  experts
from  the  Commission  may,  in  conjunction  with  the
competent  authorities:

(a) verify that the Member States are complying with the

said  requirements;

(b) make  on-the-spot  checks  to  ensure  that  the  checks
are  carried  out  in  accordance  with  this  Directive.

2.
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.

The  outcome  of  the  checks  made  must  be  discussed  with
the  competent  authority  of  the  Member  State  concerned
before  a  final  report  is  drawn  up  and  circulated.

3. 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 laid
down  in  Article  28.

4.
The Commission shall monitor developments; in the
light  of  such  developments  and  in  accordance  with  the
procedure  laid  down  in  Article  28,  it  may  amend  or
repeal  the  decisions  referred  to  in  paragraph  5.

Detailed  rules  for  the  application  of  this  Article
5.
shall be adopted, where necessary, in accordance with the
procedure  laid  down  in  Article  29.

Article  24

for  believing 

1. Where  the  checks  provided  by  this  Directive  give
that  Community  veterinary
grounds 
legislation  has  been  seriously  or  repeatedly  infringed  the
competent  authority  shall  take  the  following  measures  in
respect  of  products  involved  in  such  use  or  in  the  origin
of  such  products:

— it  shall  inform  the  Commission  of  the  nature  of
the  products  used  and  the  consignment  concerned;
the  Commission  shall  forthwith  inform  all  border
inspection  posts,

— Member  States  shall  carry  out  more  stringent  checks
on all consignments of products from the same origin.

L 24/24

EN

Official  Journal  of  the  European  Communities

30.1.98

In particular, the next 10 consignments from the same
origin  must  be  impounded,  and  a  deposit  lodged
against inspection costs, at the border inspection post
for  a  physical  check,  including  the  taking  of  samples
and  the  laboratory  tests  provided  for  in  Annex  III.

such  additional 

Where 
confirm  non-
compliance with Community legislation, the offending
consignment  or  part  thereof  must  be  disposed  of  in
accordance  with  Article  17(2)(a)  and  (b),

checks 

— the  Commission  shall  be  informed  of  the  outcome  of
the  more  stringent  checks  and  on  the  basis  of  this
information  shall  make  all  necessary  investigations,
to 
identify  the  reasons  for  and  origins  of  the
infringements  found.

2. Where  the  checks  reveal  that  the  maximum  residue
limits  have  been  exceeded,  use  shall  be  made  of  the
checks  referred  to  in  the  second  indent  of  paragraph  1.

If,  in  cases  involving  third  countries  which  have
3.
concluded  equivalence  agreements  with  the  Community
or  third  countries  whose  consignments  are  checked  less
frequently, the Commission, after making enquiries of the
competent  authorities  of  the  third  country  concerned,
concludes that it has failed to fulfil its obligations and the
guarantees given by the plans referred to in Article 29(1)
of  Directive  96/23/EC,  it  shall  cease  to  allow  that
country,  under  the  procedure  laid  down  in  Article  29  of
this Directive, to benefit from less frequent checks for the
products  in  question  until  the  third  country  in  question
has  made  good  its  shortcomings.  The  same  procedure
shall  be  used  for  withdrawing  the  suspension.

If  necessary,  in  order  to  re-establish  the  benefit  afforded
by 
the  said  agreements,  a  Community  deputation
including  experts  from  the  Member  States  shall  visit  the
country concerned, at that country’s expense, in order to
verify  that  such  measures  have  been  taken.

Article  25

1. 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, 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  so  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,

— 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
implicated  must,  at  the  request  of  the  Member  State  of
destination, step up checks at the border inspection post,
customs  warehouse, 
free  warehouse
concerned.

free  zone  or 

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

the 

irregularities  are  confirmed  by 

At  the  request  of  one  the  two  Member  States  concerned
—  where 
the
inspection  referred  to  in  the  first  indent  of  the  fifth
subparagraph  —  the  Commission  must,  in  accordance
with  the  procedure  laid  down  in  Article  28,  take  the
appropriate measures. Those 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  person
responsible  for  the  load  concerned  by  such  decisions,  or
to  his  representative.

If  the  person  concerned  responsible  for  the  load  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.
Detailed  rules  for  the  application  of  this  Article
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  29.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/25

Article  26

1.
Each Member State shall draw up a programme for
the  exchange  of  officials  empowered  to  carry  out  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 
the
experience  gained  in  order  to  improve  and  develop  the
exchange programmes.

into  account 

shall 

take 

6.
A  financial  contribution  from  the  Community  must
be granted in order to promote the efficient development
of  exchange  programmes.  Detailed 
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  of  26  June  1990
on  expenditure  in  the  veterinary  field (1).

rules 

for 

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  29.

CHAPTER  IV

GENERAL  PROVISIONS

Article  28

Where reference is made to the procedure provided for in
this Article, the Standing Veterinary Committee set up by
Council  Decision  68/361/EEC (2)  shall  take  decisions  in
accordance  with  the  rules  laid  down  in  Article  17  of
Directive  89/662/EEC.

Article  29

Where  reference  is  made  to  the  procedure  defined  in  this
Article,  the  Standing  Veterinary  Committee  shall  take
decisions  in  accordance  with  the  rules  laid  down  in
Article  18  of  Directive  89/662/EEC.

Article  30

Annexes  II  and  III  may  be  supplemented  in  accordance
with  the  procedure  laid  down  in  Article  29.

Article  31

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

Article  32

Article  27

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

Member  States  shall  ensure  that  the  official  veterinarians
assigned  to  border  inspection  posts  must  participate
in  the  special  training  programmes  referred  to  in  this
Article.

The  Commission,  in  accordance  with  the  procedure  laid
down  in  Article  29,  shall  draw  up  guidelines  for  such
programmes.

The  Commission  shall,  at  least  once  a  year,  organise
seminars  for  those  running  the  programmes  to  ensure
that  they  are  coordinated.

The  measures  provided  for  in  this  Article  shall  be
financed 
in  accordance  with  Title  III  of  Decision
90/424/EEC.

Article  33

Directive  90/675/EEC  shall  be  repealed  with  effect  from
30  June  1999.

Acts  adopted  on  the  basis  of  Directive  90/675/EEC  must
remain in force until provisions intended to replace them
are  adopted  on  the  basis  of  this  Directive.

Each  act  adopted  on  the  basis  of  this  Directive  must,  if
appropriate,  specify  the  date  from  which  its  provisions
will  replace  the  corresponding  provisions  in  the  act
adopted  on  the  basis  of  Directive  90/675/EEC.

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

(1) OJ  L  224,  18.8.1990,  p.  19.  Decision  as  last  amended  by

Decision  94/370/EC  (OJ  L  168,  2.7.1994,  p.  31).

(2) OJ  L  255,  18.10.1968,  p.  23.

L 24/26

EN

Official  Journal  of  the  European  Communities

30.1.98

Article  34

Article  35

1. Member  States  shall  adopt  and  publish  the  laws,
regulations  and  administrative  provisions  necessary  to
comply with this Directive before 1 July 1999. They shall
forthwith  inform  the  Commission  thereof.

This  Directive  shall  enter  into  force  on  the  20th  day
following that of its publication in the Official Journal of
the  European  Communities.

They  shall  apply  those  provisions  as  from  1  July  1999.

Article  36

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  at  the  time  of  their
official  publication.  The  procedure  for  making  such
reference  shall  be  adopted  by  Member  States.

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  18  December  1997.

States 

2. Member 
the
shall 
Commission  the  text  of  the  main  provisions  of  national
law  which  they  adopt  in  the  field  governed  by  this
Directive.

communicate 

to 

For  the  Council

The  President

F.  BODEN

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/27

ANNEX  I

TERRITORIES  LISTED  IN  ARTICLE  1

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  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.

L 24/28

EN

Official  Journal  of  the  European  Communities

30.1.98

ANNEX  II

APPROVED  REQUIREMENTS  FOR  BORDER  INSPECTION  POSTS

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  available  to  the  staff  responsible  for  carrying  out  veterinary  checks,

— appropriate  hygienic  premises  and  facilities  for  carrying  out  routine  analyses  and  taking  samples  in

accordance  with  this  Directive,

— appropriate hygienic premises and facilities for taking and processing the samples for the routine checks

laid  down  in  Community  rules  (microbiological  standards),

— the  services  of  a  specialised  laboratory  able  to  carry  out  special  analyses  on  the  samples  taken  at  that

post,

— premises  and  cold  stores  for  the  storage  of  part-consignments  taken  for  analysis  and  products  whose
release  for  free  circulation  has  not  been  authorised  by  the  veterinary  officer  responsible  for  the  border
inspection  post,

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

— the  services  of  an  establishment  qualified  to  carry  out  the  treatment  provided  for  in  Directive

90/667/EEC.

30.1.98

EN

Official  Journal  of  the  European  Communities

L 24/29

ANNEX  III

PHYSICAL  CHECK  OF  THE  PRODUCTS

The  aim  of  the  physical  check  of  the  animal  products  is  to  ensure  that  the  products  still  meet  the  purpose
mentioned on the veterinary certificate or document: the guarantees of origin certified by the third country
must accordingly be verified while ensuring that the subsequent transport of the product has not altered the
original  guaranteed  condition,  by  means  of:

(a)

sensory  examinations:  smell,  colour,  consistency,  taste;

(b) simple  physical  or  chemical  tests:  cutting,  thawing,  cooking;

(c)

laboratory  tests  to  detect:

residues,

pathogens,

contaminants,

evidence  of  alteration.

Whatever  the  type  of  product,  the  following  must  be  carried  out:

(a) a check on the conditions and means of transport to identify in particular any shortcomings or breaks

in  the  cold  chain;

(b)

(c)

(d)

the real weight of the consignment and that indicated on the veterinary certificate or document must be
compared,  and  the  whole  consignment  weighed  where  necessary;

the  wrapping  materials  and  all  markings  (stamps,  lavels)  thereon  must  be  checked  to  ensure  their
conformity  with  Community  legislation;

the  temperature  required  by  Community  legislation  must  be  checked  to  ensure  compliance  during
transport;

(e) en entire set of packages, or samples in the case of bulk products must be examined before undergoing

sensory  examination  and  physical,  chemical  and  laboratory  tests.

The tests must be carried out on a whole range of samples drawn from the entire consignment, which
may  be  partially  unloaded  where  necessary  to  ensure  that  all  parts  of  it  are  reached.

The  examination  must  cover  1 %  of  the  items  or  packages  in  a  consignment,  from  a  minimum  of  two
items/packages  to  a  maximum  of  ten.

However,  depending  on  the  products  and  the  circumstances,  the  veterinary  authorities  may  insist  on
more  extensive  checks.

In  the  case  of  bulk  goods,  at  least  five  samples  must  be  taken  from  various  parts  of  the
consignment;

(f) where random laboratory tests are undertaken which cannot provide immediate results, and there is no

immediate  danger  to  public  or  animal  health,  the  consignment  may  be  released.

However,  where  the  laboratory  tests  have  been  carried  out  because  of  a  suspicion  of  irregularity  or
previous tests have given positive results, the consignments may not be released until the test results are
negative;

(g)

the  means  of  transport  must  be  fully  unloaded  only  in  the  following  cases:

— loading  was  done  in  such  a  way  as  to  make  access  to  the  entire  consignment  impossible  by  partial

unloading alone,

— sample  checks  have  revealed  irregularities,

— the  previous  consignment  has  shown  irregularities,

— the  official  veterinarian  suspects  irregularities;

(h) once the physical check has been completed, the competent authority must certify the check by closing
and  officially  stamping  all  the  opened  packages  and  by  resealing  all  the  containers,  the  number  of  the
seal  being  then  entered  on  the  border  transit  document.

L 24/30

EN

Official  Journal  of  the  European  Communities

30.1.98

ANNEX  IV

TABLE  OF  CORRESPONDENCE

Directive  90/675/EEC

This Directive

Article  1

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

Article  4

Article  5

Article  6

Article  7

Article  8(1)

Article  8(2)

Article  8(3)

Article  8(4)

Article  9

Article  10

Article  11

Article  12

Article  13

Article  14

Article  15

Article  16

Article  17

Article  18

Article  18a

Article  19

Article  20

Article  21

Article  22

Article  23

Article  24

Article  25

Article  26

Article  27

Article  28

Article  29

Article  30

Article  31

Article  32

Article  33

Annex  I

Annex  II

—

Article  1

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)(k)

—

—

Article  12

Article  13

—

—

Article  4(4)(b)

Article  10

Article  9

Article  6

—

—

Article  11

Article  14

Article  16

—

Article  17

Article  18

Article  19

Article  21

Article  22

Article  23

Article  25

Article  26

Article  28

Article  29

Article  30

Article  31

—

—

—

—

Article  32

Article  34

Article  36

Annex  I

Annex  II

Annex  III