2001/812/EC: Commission Decision of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries (Text with EEA relevance) (notified under document number C(2001) 3687)
Date: 2001-11-21
Institutions: European Commission
Subjects: customs, customs inspection, import (EU), veterinary inspection

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COMMISSION DECISION

of 21 November 2001

laying down the requirements for the approval of border inspection posts responsible for veter-
inary checks on products introduced into the Community from third countries

(notified under document number C(2001) 3687)

(Text with EEA relevance)

(2001/812/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 97/78/EC laying down the
principles governing the organisation of veterinary checks on
products entering the Community from third countries (1), and
in particular Articles 6(2) and 33 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Border inspection posts handling products must, to be
approved and listed in the Official Journal, comply with
the general conditions set down in the Annex II to
Directive 97/78/EC.

In the light of experience gained from the inspections
carried out by the Food and Veterinary Office, it is now
appropriate to amend and update the detailed require-
ments for a border inspection post and any inspection
centre within such a post. The present Decision sets out
the facilities, equipment and procedures required, and
repeals Commission Decision 92/525/EEC (2).

All premises to be used as border inspection posts
should be both under the control of the official veteri-
narian, and accessible at any time that he needs access,
including any rooms within buildings used as commer-
cial undertakings.

To promote efficiency in such locations which are
handling only limited categories of products, border
inspection posts should be listed with regard to these
categories only and the facilities provided may be then
limited and suitable only for these product categories.

It is appropriate to provide for flexibility so that border
inspection posts may be split into different inspection
centres where products may actually be examined,
without requiring a duplication of all office facilities and
of certain documentation or equipment required but
held elsewhere in the premises of the post.

However, some limitations to the above flexibility must
be laid down to ensure that such inspection centres are
actually operating under the control of the official veteri-

narian, and are not located at excessive distances from
the designated central office, in which case the centres
should be approved as independent border inspection
posts.

A border inspection post and inspection centres within
it therefore should provide the minimum requirements
for facilities, equipment and operating conditions set
down in this Decision.

All border inspection posts must be approved by the
Commission and listed in the Official Journal.

For transparency all inspection centres used as part of
any particular border inspection post should be listed
along with the name of the post itself in the relevant
Commission Decision published in the Official Journal.

(7)

(8)

(9)

(10)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

HAS ADOPTED THIS DECISION:

Article 1

1.
A border inspection post consists of facilities dedicated to
veterinary checks, placed under the responsibility of the official
veterinarian, or in the case of fishery products either the official
veterinarian or the official agent referred to in Commission
Decision 93/352/EEC (3), and localised in a manner so that the
facilities constitute one complete working unit. In the case
where a border inspection post is made up of more than one
set of facilities but located on the same site, the geographical
location of the group will qualify the border inspection post,
which shall bear a single name.

2.
A border inspection post must include all the facilities
specified in Article 4 of this decision, where products of animal
origin from third countries can be presented for introduction
into the Community, and undergo the necessary documentary,
identity and physical checks.

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 331, 17.11.1992, p. 16.

(3) OJ L 144, 16.6.1993, p. 25.

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3. Where geography or size of the border location demands,
or for the efficient management of border checks, a border
inspection post may provide more than one facility or inspec-
tion centre, for conducting as necessary the checks on the
categories of products for which the border inspection post is
approved.

bearing on its listing. Additions to the categorisation of any
border inspection post may be proposed by Member States,
after the competent authority has checked that the facilities
comply with this Decision, for approval and amendment to the
listing by the Commission.

Article 2

1. Without prejudice to Annex II to Directive 97/78/EC, all
border inspection posts as referred to in Article 6 of that
Directive must,
in order to be approved and listed in the
Official Journal and to maintain approval, provide the facilities,
personnel, equipment, and operate the procedures in the posts,
as specified in this Decision and in the Annex hereto.

2.
The premises being used as a border inspection post, or
any inspection centre within it, must be under the effective
control of the official veterinarian, or in the case of fishery
products either the official veterinarian or the official agent
referred to in Decision 93/352/EEC, and must be accessible for
access at all times as necessary.

Article 3

1.
A Member State may propose that a border inspection
post be officially listed after approval, for the inspection of all
or certain categories of products only. In the latter case the
Member State must show that the post has the necessary
facilities, personnel and equipment to carry out the inspection
of these products.

2.
In the Official Journal, border inspection posts will be
listed showing them as a port, airport, road or rail location.
The list shall specify the categories of products for which the
post and, as appropriate, the inspection centre is approved,
including details of any further restriction on the products
which any particular border inspection post may inspect.

3. Where a border inspection post is approved for only
restricted categories of products, the facilities provided at the
border inspection post may be limited as appropriate to those
necessary for carrying out veterinary checks on these restricted
categories of products only.

However, by derogation to paragraph 3, in the case of
4.
deep frozen semen and embryos which may be transported at
ambient
temperatures in sealed, self contained temperature
regulating containers, these may be inspected in border inspec-
tion posts listed for products not for human consumption that
are at ambient temperatures only.

5. Member States shall notify the Commission of any
change in the infrastructure or operation of a border inspection
post, or of an inspection centre within that post, that has any

Article 4

1.
The facilities in approved border inspection posts must
be constructed, equipped, maintained and operated in line with
the requirements set down in the Annex to this Decision and in
relevant Community legislation. For products that are not fully
harmonised from a hygiene viewpoint, additional national
hygiene requirements may be applied.

2.
The minimum infrastructure for any approved border
inspection post must include the following elements within
effective working distance of each other:

(a) An office with communication equipment including a tele-
phone, a fax, an Animo system terminal, a photocopier, all
necessary documentation, and archiving capacity to store
documents relating to the inspection of products;

(b) Social rooms consisting of changing rooms, toilets, and
hand washing facilities
the personnel
for
working in the border inspection post, which may be
shared only with other personnel
involved in official
controls;

the use of

(c) An area for unloading the means of transport of consign-
ments which shall be enclosed or covered by a roof, except
in the case of consignments of non containerised wool,
loose bulk processed animal protein not fit for human
consumption, loose manure or guano, or bulk liquid oils
and fats, which are transported in boats, for which the roof
requirement may not apply;

temperature control

For products under
intended for
human consumption the junction between the transport
and unloading areas should be protected or sealed from the
external environment, except in the case of fish where the
derogation referred to in Article 2 of Decision 93/352/EEC
and Chapter II point 2 of the Annex to Directive 91/493 (1)
shall apply;

(d) An inspection room where the products are to be inspected
and samples taken for further tests; the sampling area need
not be separate from the inspection room;

(e) Appropriate storage rooms or areas, to permit detained
consignments to be held at chilled, frozen, or ambient
temperatures at the same time, under the control of the
official veterinarian pending the results of laboratory or
other investigations.

Border

3.
inspection posts approved to handle chilled,
frozen and ambient categories of product, must be able to
in each
simultaneously store adequate volumes of product
temperature category. Immediate access to an adequate volume
of storage shall be available at all times as necessary for the
official veterinarian.

(1) OJ L 268, 24.9.1991, p. 15.

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The use of commercial storage facilities close to the border
inspection post and within the same port or customs area, is
permitted under the control of the official veterinarian, and
provided that the detained product is stored in a separate
lockable room, chamber, or zone clearly fenced off from all
other products.

Storage in separate stand-alone containers permanently placed
by the unloading area is permitted provided that the containers
are linked to the unloading area in such a manner that the
unloading process is under shelter from the weather. Addi-
tional storage for each product category in the means of trans-
port in which a consignment was brought to the post is
permitted exceptionally under the control of the official veteri-
narian for border inspection posts situated at road, rail or port
locations.

4.
Products for human consumption and products not for
human consumption should be handled in separate unloading
areas,
inspection rooms and storage facilities. By derogation
from this requirement in the case of border inspection posts
officially approved as restricted to packed products only,
unloading areas may be common, provided then that during
and after unloading, there is clear separation of products for
human consumption and those not for human consumption,
with a view to prevent cross contamination.

5.
By derogation from paragraph 4 above, border inspection
posts having a throughput of less than 500 consignments per
year may utilise the same facilities provided for unloading,
inspection and storage for all products for which the post is
approved, provided that a time separation of consignments is
implemented, and that adequate cleansing and disinfection of
the premises between arrivals of different consignments is
undertaken as necessary.

Article 5

1.
Additional inspection centres in already approved border
inspection posts, may be proposed by Member States after the
competent authority has checked that they comply with this
Decision, for listing in the Official Journal. The facilities at any
centre should be appropriate to the volume and type of various
products passing through the centre.

2. When a border inspection post is split into different
inspection centres, these shall:
— be located within the same customs designated area or
district as the border inspection post under which the
centres are listed;

— be located within a reasonable working distance from the
designated central office of the border inspection post and
be demonstrably under the control of the official veteri-
narian;

— keep a specific record of the consignments examined at the

centre.

Inspection centres do not have to provide:

3.
— archiving facilities, an Animo system terminal, or a photo-

copier;

— all veterinary checks legislation and documentation but
only documents relevant and necessary for the veterinary
checks carried out in the centre.

Article 6

In the circumstances referred to in Article 6.2 (b) of Directive
97/78/EC the reasonable time intervals for Member States to
comply with the recommendations made pursuant to inspec-
tion reports, before the Commission withdraws the border
inspection post from the list in full or in part, in the latter case
with regard to the product categories and/or inspection centres
concerned by the recommendations, will be as follows, taken
from the date of receipt of the final report in the language of
the Member State:
— for deficiencies in respect of facilities (construction only) or
staff numbers: six months; however, where new, replace-
ment facilities are under construction the time limits for
completion of action may be determined by agreement
between the Member State and the Commission on a case
by case basis.

— for deficiencies in respect of all other matters:

three

months.

In the event of potentially serious animal or public health risks,
these time intervals may be shorter.

Article 7

Decision 92/525/EEC is hereby repealed, and in accordance
with Article 33 of Directive 97/78/EC, the provisions of this
Decision shall apply on the 20th day following that of its
publication in the Official Journal of the European Communities.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 21 November 2001.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

APPROVAL REQUIREMENTS FOR BORDER INSPECTION POSTS

To be approved and listed border inspection posts must be constructed to provide an adequate degree of hygiene, and
avoid cross contamination.

In rooms where products are to be unloaded, inspected or stored the border inspection post or inspection centre must
have:

— walls finished with smooth washable surfaces, which together with the floors should be easy to clean and disinfect,

and with adequate drainage;

— a clean and easily cleaned ceiling;

— adequate natural and artificial

lighting;

— an adequate hot and cold water supply in all

inspection rooms.

1. Technical equipment

(a) Border inspection posts and inspection centres must have as a minimum the items noted below available at all

times:

— equipment (or access to equipment) capable of weighing consignments subject to controls;

— any equipment needed to open and examine consignments presented for examination;

— cleansing and disinfection equipment adequately housed and appropriate to the needs of the post, or an

effective and documented system of cleansing and disinfection by an external agent;

— equipment to maintain the temperature at the appropriate level

in controlled environment rooms.

(b) In inspection rooms there must be available as a minimum:

— a table to work on with smooth washable surfaces easy to clean and disinfect;

— sampling equipment — saw, knife, tin opener, a means of sampling consignments and sample containers;

— sealing tape and numbered seals or labels, clearly marked to ensure traceability;

— a thermometer to measure surface and also core temperature, weighing scales, and for fresh products, a pH

meter;

— thawing equipment or micro wave oven;

— facilities for the temporary storage of samples under temperature control, pending their despatch to the

laboratory. Suitable containers for transport of these samples should also be available.

(c) Border inspection posts and inspection centres with restricted listing must have:

— those articles listed in (a) and (b) above as appropriate for the products to be handled in the post.

2. Staffing

1. Border inspection posts shall operate under the responsibility of an official veterinarian, or in the case of fishery
products either the official veterinarian or the official agent referred to in Decision 93/352/EEC, who must be
present at the border inspection post and the inspection centres during checks on products. The post shall carry
sufficient staff to carry out all the controls required at the border inspection post;

2. The official veterinarian may be assisted by specially trained assistants acting under his authority in:

(a) checking documents;

(b) carrying out identity checks and physical examinations, taking samples and carrying out general analysis;

(c) administrative duties and procedures.

The official veterinarian shall be responsible for the final decision.

For the staff of the border inspection post a record of the training received in respect of veterinary checks shall be
kept.

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3. Documentation

The border inspection post shall keep the following information.

Pending the implementation of the Shift system, the official veterinarian responsible for checks in the border
inspection post must have at his disposal

in the designated central office at least:

1. an up-to-date list of the third countries or parts of third countries authorised to send products to the Community

or, where applicable, to certain Member States;

2. copies of the various Decisions of the Community or Member States specifying a specimen health or public/animal
health certificate or any other document which must accompany products from third countries despatched to the
Community or, where applicable, to certain Member States;

3. an up-to-date list of establishments in third countries authorised to despatch products to the Community; or of

national authorised establishments in the case of non harmonised products;

4. copies of any safeguard Decisions prohibiting or restricting imports of products to the Community;

5. an up-to-date list of approved border inspection posts giving all available details of these posts;

6. a current list of the free zones, free warehouses, and customs warehouses approved under Article 12.4, and of

operators authorised under Article 13 of Directive 97/78/EC,

in all Member States;

7. an up-to-date list of establishments approved for the receipt of channelled products for that Member State, in

accordance with Article 8(6) in the Directive 97/78/EC;

8. up-to-date relevant EC legislation relating to products and procedures covered by veterinary checks.

4. Records

The following records must also be kept:

1. up-to-date information on consignments of products for which import or entry into the Community has been
refused and which have been re-despatched; each Member State shall communicate to the other Member States and
the Commission all information concerning the re-despatched consignments; this information shall be communi-
cated to each border inspection post by the central competent authority;

2. a register according to Commission Decision 97/394/EC of 6 June 1997 ‘establishing the minimum data required

for the data base on animals and animal products brought into the Community’ (1);

3. a register of all consignments either re-despatched according to Commission Decision 97/152/EC (2), or destroyed,
or authorised by the official veterinarian at the border inspection post for use other than for human consumption;
this register shall record all instances where there is a deadline for action or response by the official veterinarian in
the case of goods rejected, sent in transit or channelled, and where follow up action is required;

4. a register of all samples taken at the border inspection post for purposes of laboratory tests, together with details

of the laboratory test requested and the results (favourable and unfavourable) of such tests;

5. the register required under Commission Decision 94/360/EC ‘on the reduced frequency of physical checks of
consignments of certain products to be implemented from third countries, under Directive 90/675/EEC’ (3), if
necessary in computerised format.

5. Procedures

1. The competent authority shall endeavour to ensure that there is close cooperation between the various services

involved in the inspection of third country products.

2. All physical inspections and identity checks, except for seal checks, must take place at an inspection facility. All
such checks shall be conducted in such a manner as to avoid the possibility of cross contamination, and where
necessary shall take into account the controlled temperature conditions under which the products are transported.
Where unpacked products for human consumption are involved, all checks must be carried out under shelter from
the weather and provision shall be made for the hygienic handling and protection of such products during
unloading and loading.

3. The official veterinarian must have at least an adequate knowledge of the arrangements for the disposal of waste
products of animal origin unloaded from transports in the area under his jurisdiction. Where disposal arrange-
ments are further under his responsibility, records of checks made and anomalies found must be kept. Where
disposal is under the responsibility of another competent authority, the official veterinarian shall liaise closely with
this body, and have available all necessary relevant information.

(1) OJ L 164, 21.6.1997, p. 42.
(2) OJ L 59, 28.2.1997, p. 50.
(3) OJ L 158, 25.6.1994, p. 41.

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4. The official veterinarian must have an adequate knowledge of any free zones, free warehouses, customs warehouses
or ship suppliers within, or closely associated with, the border post area. Regular checks must be made at the
warehouses or suppliers concerned and a record to demonstrate this must be kept in the office of the border
inspection post.