2006/590/EC: Commission Decision of 1 September 2006 amending Decisions 94/360/EC and 2001/812/EC as regards veterinary checks on products from third countries (notified under document number C(2006) 3868)   (Text with EEA relevance)
Date: 2006-09-01
Institutions: European Commission
Subjects: animal product, customs regulations, import, third country, veterinary inspection

2.9.2006

EN

Official Journal of the European Union

L 240/11

COMMISSION DECISION

of 1 September 2006

amending Decisions 94/360/EC and 2001/812/EC as regards veterinary checks on products from
third countries

(notified under document number C(2006) 3868)

(Text with EEA relevance)

(2006/590/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Article 10(3) thereof,

(4)

Whereas:

Council Decision 2002/309/EC, Euratom of 4 April
2002 on the conclusion of seven Agreements with the
Swiss Confederation (4) approves, among others, an
Agreement on trade in agricultural products. Frequencies
for the checks of certain animal products at border
in Appendix 10 of
inspection posts
set out
are
Annex 11 to that Agreement. Annex II
to Decision
94/360/EC should be updated to make a reference to
those provisions.

Council Decision 2002/979/EC of 18 November 2002
on the signature and provisional application of certain
provisions of an Agreement establishing an association
between the European Community and its Member
States, of the one part, and the Republic of Chile, of
the other part (5) approves that Association Agreement.
Frequencies for the checks of certain animal products at
border inspection posts are set out in the provisions of
that Association Agreement. Annex II
to Decision
94/360/EC should be updated to make a reference to
those provisions.

(1)

(2)

According to Commission Decision 94/360/EC of 20
May 1994 on the reduced frequency of physical checks
on consignments of certain products to be imported
from third
Council Directive
90/675/EEC (2) border inspection posts are required to
maintain records of
checks on certain products
imported into the Community.

countries,

under

The integrated computerised veterinary system (TRACES)
was introduced by Commission Decision 2004/292/EC
of 30 March 2004 on the introduction of the TRACES
system and amending Decision 92/486/EEC (3) for the
importations of animals and
recording of data on all
animal products from third countries and production
of
at border
inspection posts. Official veterinarians and their staff
are no longer
registers or
records on those imports. Decision 94/360/EC should
be amended to avoid duplication of effort as regards
the recording of certain data in border inspection posts.

common veterinary entry documents

required to keep other

(5)

(6)

Commission Decision 2001/812/EC 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 (6) provides
the operations of border
inspection posts in accordance with Directive 97/78/EC.

for

At
the same time some adjustments to the text of
2001/812/EC are necessary in the light of experience
to facilitate trade in certain animal by products to
permit greater flexibility in the handling of products
the
falling under Regulation (EC) No 1774/2002 of
European Parliament and of the Council of 3 October
2002 laying down health rules concerning animal by-
products not intended for human consumption (7).

(1) OJ L 24, 30.1.1998, p. 9. Directive as amended by Regulation (EC)
No 882/2004 of
the Council
(OJ L 165, 30.4.2004, p. 1; corrected by OJ L 191, 28.5.2004, p. 1).
(2) OJ L 158, 25.6.1994, p. 41. Decision as last amended by Decision

the European Parliament and of

237/2002 (OJ L 80, 23.3.2002, p. 40).

(3) OJ L 94, 31.3.2004, p. 63. Decision as last amended by Decision

2005/515/EC (OJ L 187, 19.7.2005, p. 29).

(4) OJ L 114. 30.4.2002, p. 1.
(5) OJ L 352, 30.12.2002, p. 1.
(6) OJ L 306, 23.11.2001, p. 28.
(7) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).

(7)

(8)

(9)

L 240/12

EN

Official Journal of the European Union

2.9.2006

Consignments of certain small volume perishable blood
and blood products of animal origin destined for
technical or pharmaceutical use that are transported
deep frozen or chilled in small hermetically sealed
containers externally at ambient temperatures should be
handled and checked in border inspection posts with
facilities approved for handling only consignments at
ambient temperatures.

97/78/EC the frequencies set out in Annexes I and II
to this Decision at the request of a Member State or
on its own initiative, taking into account the criteria
laid down in Article 10 of Directive 97/78/EC as well
as the regionalisation principle and other Community
veterinary principles.’

if

inspection post

At present there is a requirement for additional facilities
in a border
the throughput of
consignments rises above the figure of 500 per year,
but this figure is not based upon risk and this absolute
cut-off point should be replaced by a more appropriate
system based upon an assessment by the competent
authority of the Member State concerned, of the risk
associated with handling of different
categories of
in the same facility where one or other
product
category of product is in fact only physically handled
and checked on infrequent occasions.

The throughput figure of 500 consignments per year of
products should nevertheless be taken as an indicative
figure above which additional facilities will be required
in a border
an objective
inspection post unless
assessment by the competent authority of the different
types of product being handled in the one location
shows that additional facilities are not justified on the
basis of possible cross contamination or risk to health.

(10)

The risk assessment and the basis of the justification for
the action taken by the competent authority in any
relevant border inspection post shall be notified to the
Commission.

(11) Whereas the measures provided for in this Decision are
the Standing

in accordance with the opinion of
Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 94/360/EC is amended as follows:

1. Article 3 is amended as follows:

(a) paragraphs 1 and 2 are deleted;

(b) paragraph 3 is replaced by the following:

2. Annex II
Decision.

is replaced by the text

in the Annex to this

3. Annex III is deleted.

Article 2

Decision 2001/812/EC is amended as follows:

1. In Article 3, paragraph 4 is replaced by the following:

‘4.
By way of derogation from paragraph 3, deep frozen
semen and embryos, by-products or blood products of
animal origin transported for use in technical purposes
including pharmaceuticals, provided that these consignments
are transported at ambient
in sealed, self-
contained temperature regulating packages or containers,
may be inspected in border inspection posts with facilities
listed and approved only to handle packed products that are
at ambient temperatures.’

temperatures,

2. In Article 4, paragraph 5 is replaced by the following:

the

‘5.
By way of derogation from paragraph 4 , based upon
a risk assessment by the competent authority, border
inspection posts with limited throughputs of consignments
of any one particular category, either of products for human
consumption or of products not for human consumption,
facilities provided for unloading,
may use
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 facilities between handling and checks of consignments is
undertaken as necessary. Such a derogation and the
underlying
shall be notified to the
Commission.’

risk assessment

same

3. In the introductory phrase of section 4 of Annex, the words
‘The following records must also be kept:’ are replaced by the
words:

‘The Commission shall review in accordance with the
referred to in Article 28 of Directive
procedure

‘The following alternative records shall be kept in electronic
or paper form where the data are not entered in TRACES at
the border inspection post.’

2.9.2006

EN

Official Journal of the European Union

L 240/13

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 1 September 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 240/14

EN

Official Journal of the European Union

2.9.2006

ANNEX

‘ANNEX II

LIST OF THIRD COUNTRIES AND FREQUENCIES OF PHYSICAL CHECKS

1. New Zealand

In the case of New Zealand, the frequencies shall be those provided for in the Agreement which was approved by
Council Decision 97/132/EC of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of
Letters concerning the provisional application of the Agreement between the European Community and New Zealand
on sanitary measures applicable to trade in live animals and animal products (1).

2. Canada

In the case of Canada, the frequencies shall be those provided for in Annex VIII to the Agreement which was approved
by Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European
Community and the Government of Canada on sanitary measures to protect public and animal health in respect of
trade in live animals and animal products (2).

3. Chile

In the case of Chile, the frequencies shall be those provided for in the Agreement on Sanitary and Phytosanitary
Measures applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal
Welfare set out in Annex IV to the Association Agreement which was approved by Council Decision 2002/979/EC of
18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an
association between the European Community and its Member States, of the one part, and the Republic of Chile, of
the other part (3).

4. Switzerland

In the case of Switzerland, the frequencies shall be those provided for in Appendix 10 of Annex 11 on animal-health
and zootechnical measures applicable to trade in live animals and animal products to the Agreement between the
European Community and the Swiss Confederation on trade in agricultural products approved by Decision
2002/309/EC, Euratom of 4 April 2002 of the Council, and of the Commission, as regards the Agreement on
Scientific and Technological Cooperation, on the conclusion of seven Agreements with the Swiss Confederation (4).

(1) OJ L 57, 26.2.1997, p. 4. Decision as last amended by Decision 1999/837/EC (OJ L 332, 23.12.1999, p. 1).
(2) OJ L 71, 18.3.1999, p. 1.
(3) OJ L 352, 30.12.2002, p. 3.
(4) OJ L 114, 30.4.2002, p. 1.’