Proposal for a Council Directive laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (codified version)
Date: 2008-12-19
Institutions: European Commission
Subjects: health certificate, health control, import, live animal, third country, veterinary inspection

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2008 
COM(2008) 873 final 

2008/0253 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE  

laying down the principles governing the organisation of veterinary checks on animals 
entering the Community from third countries 

(codified version) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 91/496/EEC  of  15  July  1991  laying  down  the  principles  governing  the 
organization  of  veterinary  checks  on  animals  entering  the  Community  from  third 
countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC3. The 
new Directive will supersede the various acts incorporated in it4; this proposal fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex III, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

EN 

2 

   EN 

 
                                                 
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 91/496/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex IV to the codified Directive. 

EN 

3 

   EN 

 
(cid:208) 91/496/EEC (adapted) 

2008/0253 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE  

laying down the principles governing the organisation of veterinary checks on animals 
entering the Community from third countries (codified version) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
⌦ 37 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(cid:208)  

(1) 

Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing 
the organization of veterinary checks on animals entering the Community from third 
countries  and  amending  Directives  89/662/EEC,  90/425/EEC  and  90/675/EEC6  has 
been substantially amended several times7. In the interests of clarity and rationality the 
said Directive should be codified. 

(2) 

Live animals are included in the list in Annex I to the Treaty. 

(cid:208) 91/496/EEC Recital 1 

(3) 

Laying down principles at Community level on the organisation of veterinary checks 
on animals coming from third countries helps to safeguard supplies and ensure market 

(cid:208) 91/496/EEC Recital 2 

5 
6 
7 

OJ C […], […], p. […]. 
OJ L 268, 24.9.1991, p. 56. 
See Annex III, Part A. 

EN 

4 

   EN 

 
 
 
 
 
                                                 
stability  while  also  harmonising  the  measures  necessary  to  ensure  the  protection  of 
animal health. 

(cid:208) 91/496/EEC 

(4) 

(5) 

(6) 

(7) 

Each consignment of animals from third countries should be subjected to documentary 
and identity checks upon entry into the territory of the Community. 

Principles  valid  throughout  the  Community  should  be  fixed  concerning  the 
organisation  and  follow-up  of  physical  checks  to  be  carried  out  by  the  competent 
veterinary authorities. 

Provision should be made for safeguard arrangements. In this context, the Commission 
should  be  able  to  act,  particularly  by  visiting  the  places  concerned  and  adopting 
measures appropriate to the circumstances. 

If the checking system is to function smoothly there should be an approval procedure 
and  border  inspection  posts  should  be  inspected.  Furthermore,  there  should  be 
exchanges  of  officials  empowered  to  carry  out  checks  on  live  animals  coming  from 
third countries. 

(8) 

The  laying  down  of  common  principles  at  Community  level  is  necessary  given  that, 
with the completion of the internal market, internal border controls ⌦ have been ⌫ 
abolished. 

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC Recital 11 
(adapted) 

(9)  ⌦ The  measures  necessary  for  the  implementation  of  this  Directive  should  be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28 June 1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission8. ⌫ 

(10)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex III, Part B, 

(cid:208)  

8 

OJ L 184, 17.7.1999, p. 23. 

EN 

5 

   EN 

 
 
 
 
 
                                                 
HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 91/496/EEC (adapted) 

⌦ CHAPTER I ⌫ 

⌦ Scope and definitions ⌫ 

(cid:208) 91/496/EEC 

Article 1 

1. Veterinary checks in respect of animals from third countries entering the Community shall 
be carried out by the Member States in accordance with this Directive. 

2. This Directive shall not apply to veterinary checks on family pets accompanying travellers 
for non-commercial purposes, other than equidae. 

Article 2 

For  the  purposes  of  this  Directive,  the  definitions  in  Article  2  of  Council  Directive 
90/425/EEC9 shall apply. 

The following definitions shall also apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

‘documentary  check’  means  verification  of  the  veterinary  certificates  or  documents 
accompanying an animal; 

‘identity  check’  means  verification,  by  visual  inspection  only,  for  consistency 
between  the  documents  or  certificates  and  the  animals  and  for  the  presence  and 
conformity of the marks which must appear on the animals; 

‘physical check’ means a check of the animal itself, possibly including sampling and 
laboratory testing and, where appropriate, additional checks during quarantine; 

‘importer’  means  any  natural  or  legal  person  who  presents  animals  for  importation 
into the Community; 

‘consignment’ means a quantity of animals of the same species, covered by the same 
veterinary  certificate  or  document,  conveyed  by  the  same  means  of  transport  and 
coming from the same third country or same part of such country; 

9 

OJ L 224, 18.8.1990, p. 29. 

EN 

6 

   EN 

 
 
 
                                                 
(f) 

‘border inspection post’ means any inspection post located in the immediate vicinity 
of  the  external  border  of  one  of  the  territories  referred  to  in  Annex  I  to  Council 
Directive  97/78/EC10  and  designated  and  approved  in  accordance  with  Article  6 
⌦ of the present Directive ⌫. 

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC 

CHAPTER II 

Organisation and follow-up of checks 

1. Member States shall ensure that: 

Article 3 

(a) 

(b) 

(c) 

importers are obliged to give one working day's notice to the veterinary staff of the 
border inspection post where the animals are to be presented specifying the number, 
nature and estimated time of arrival of the animals; 

the animals are conveyed directly, under official supervision, to the border inspection 
post referred to in Article 6 or, where applicable, to a quarantine centre as provided 
for in point (b) of the first subparagraph of Article 10(1); 

the animals may not leave such post or centre unless, without prejudice to the special 
provisions  to  be  adopted  in  accordance  with  the  procedure  referred  to  in  Article 
22(3), proof has been supplied: 

(i) 

in the form of the certificate provided for in Article 7(1)(b) or in Article 8, that 
the  veterinary  checks  have  been  carried  out  on  the  animals  in  question  in 
accordance with Article 4(1), and Article 4(2)(a), (b) and (d) and Articles 8 and 
9 to the satisfaction of the competent authority; 

(ii) 

that  the  veterinary  checks  have  been  paid  for,  and  that,  where  relevant,  a 
deposit  covering  any  cost  provided  for  in  Article  10(6)  and  Article  12(4)  has 
been lodged; 

(cid:208) 91/496/EEC (adapted) 

(d) 

the customs authority does not authorise release for free circulation in the territories 
referred to in Annex I to Directive 97/78/EC unless, without prejudice to the specific 

10 

OJ L 24, 30.1.1998, p. 9. 

EN 

7 

   EN 

 
 
 
 
                                                 
provisions to be adopted in accordance with the procedure referred to in Article 22(3) 
⌦ of this Directive ⌫, proof has been supplied that the requirements in (c) of this 
paragraph have been fulfilled. 

2.  Detailed  rules  for  implementing  paragraph  1  shall  be  adopted,  as  the  need  arises,  in 
accordance with the procedure referred to in Article 22(3). 

(cid:208) 91/496/EEC 

Article 4 

1.  Member  States  shall  ensure  that,  irrespective  of  the  customs  destination  of  the  animals, 
each consignment of animals from a third country is subjected by the veterinary authority to a 
documentary check and identity check at one of the border inspection posts situated in one of 
the territories referred to in Annex I to Directive 97/78/EC and approved for that purpose, in 
order to verify: 

(a) 

(b) 

(c) 

(d) 

their origin; 

their  subsequent  destination,  particularly  in  the  case  of  transit  or  in  the  case  of 
animals, trade in which  has  not  been harmonised at Community level or which are 
subject  to  specific  requirements  recognised  by  a  Community  decision  in  respect  of 
the Member State of destination; 

(cid:208) 91/496/CEE 

that  the  particulars  which  appear  on  the  certificates  or  documents  afford  the 
guarantees  required  by  Community  rules  or,  in  the  case  of  animals,  trade  in  which 
has  not  been  harmonised  at  Community  level,  the  guarantees  required  under  the 
national rules applicable in the various cases covered by this Directive; 

(cid:208) 92/438/EEC Art. 9 pt. 1 

that  no  indication  of  rejection  of  the  consignment  has  been  given  through  the 
procedure 
indent  of  Article  1(1)  of  Council 
Decision 92/438/EEC11. 

specified 

first 

the 

in 

2.  Without  prejudice  to  the  exemptions  pursuant  to  Article  8,  the  official  veterinarian  must 
carry  out  a  physical  check  on  animals  presented  at  the  border  inspection  post.  That  check 
must include, in particular: 

(cid:208) 91/496/EEC 

11 

OJ L 243, 25.8.1992, p. 27. 

EN 

8 

   EN 

 
 
 
 
 
                                                 
(a) 

(b) 

(c) 

a  clinical  examination  of  the  animals  in  order  to  ensure  that  they  conform  to  the 
information provided in the accompanying certificate or document and that they are 
clinically healthy; 

any  laboratory  tests  which  are  thought  necessary  or  which  are  provided  for  by 
Community rules; 

possible  official  samples  to  be  examined  for  residues  and  analysed  as  soon  as 
possible; 

(d) 

verification  of  compliance  with  the  requirements  of  Council  Regulation  (EC)  No 
1/200512. 

(cid:208) 91/628/EEC Art. 11(3) 

(cid:208) 91/496/EEC 

For the purposes of a subsequent check on transport and, where appropriate, on compliance 
with the  additional  requirements of the  holding of destination,  the official  veterinarian  shall 
communicate the necessary information to the competent authorities of the Member State of 
destination  by  means  of  the  information  exchange  system  provided  for  in  Article  20  of 
Directive 90/425/EEC. 

The  official  veterinarian  may  be  assisted  in  certain  of  these  tasks  by  qualified  staff  with 
special training, working under his direction. 

The  check  must  be  made  after  reference  to  the  data  bases  specified  in  the  second  indent  of 
Article 1(1) of Decision 92/438/EEC. 

(cid:208) 92/438/EEC Art. 9 pt. 2 

(cid:208) 91/496/EEC 

3. By way of derogation from paragraphs 1 and 2, for animals entering a port or an airport in 
one  of  the  territories  defined  in  Annex  I  to  Directive  97/78/EC,  the  identity  check  and  the 
physical  check  may  be  carried  out  at  such  port  or  airport  of  destination,  provided  that  such 
port  or  airport  has  a  border  inspection  post  as  referred  to  in  Article  6  of  this  Directive,  and 
that the animals continue their journey, as the case may be, by sea or by air in the same vessel 
or  in  the  same  aircraft.  In  such  cases,  the  competent  authority  which  carried  out  the 
documentary check shall, either directly or through the local veterinary authority, inform the 
official veterinarian of the inspection post of the Member State of destination by means of the 
information  exchange  system  referred  to  in  Article  20  of  Directive  90/425/EEC  that  the 
animals have passed through. 

12 

OJ L 3, 5.1.2005, p. 1. 

EN 

9 

   EN 

 
 
 
 
 
                                                 
4.  All  expenditure  incurred  by  the  application  of  this  Article  shall  be  chargeable  to  the 
consignor, the consignee or their agent, without reimbursement by the Member State. 

(cid:208) 91/496/EEC Art. 4(2)(a), 
second subparagraph (adapted) 

5.  In  accordance  with  the  procedure  referred  to in  Article  22(3),  derogations  may  be  made, 
subject  to  certain  conditions  and  in  accordance  with  rules  to  be  established  under  the  same 
procedure,  from  the  principle  of  individual  clinical  examination,  ⌦ as  referred  to  in 
paragraph 2(a) of this Article, ⌫ in respect of certain categories and species of animals. 

(cid:208) 91/496/EEC 
(cid:206)1 92/438/EEC Art. 9 pt. 3 

6. The detailed rules for applying  paragraphs 1 to 5, including those relating to the training 
and  qualification  of  assistants,  shall  be  adopted,  as  the  need  arises,  in  accordance  with  the 
procedure referred to in Article 22(3). 

Article 5 

Entry into one of the territories defined in Annex I to Directive 97/78/EC shall be prohibited 
where the checks show that: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

animals  of  species  in  respect  of  which  import  rules  have  been  harmonised  at 
Community  level  come,  without  prejudice  to  the  special  conditions  provided  for  in 
Article  19(ii)  of  Council  Directive  [90/426/EEC]13,  from  a  territory  or  part  of  a 
territory  of  a  third  country  not  included  in  the  lists  drawn  up  in  accordance  with 
Community  rules  for  the  species  concerned  or  from  which  imports  are  prohibited 
pursuant to a Community decision; 

animals  other  than  those  referred  to  in  (a)  do  not  comply  with  the  requirements 
provided for in the national rules corresponding to the various cases covered by this 
Directive; 

the animals are suffering from or are suspected to be suffering from or infected by a 
contagious disease or a disease presenting a risk for public health or animal health, or 
any other reason provided for in Community rules; 

the exporting third country has not complied with the requirements provided for in 
Community rules; 

the animals are not in a fit state to continue their journey; 

the  veterinary  certificate  or  document  accompanying  animals  does  not  meet  the 
conditions  set  pursuant  to  Community  rules  or,  where  rules  have  not  been 

13 

OJ L 224, 18.8.1990, p. 42. 

EN 

10 

   EN 

 
 
 
                                                 
harmonised, the requirements provided for in the national rules corresponding to the 
various cases covered by this Directive. 

The detailed rules for applying this Article shall be adopted in accordance with the procedure 
referred to in Article 22(3). 

Article 6 

1. Border inspection posts must satisfy the requirements of this Article. 

2. Border inspection posts must be: 

(a) 

located  at  the  point  of  entry  into  one  of  the  territories  referred  to  in  Annex  I  to 
Directive 97/78/EC; 

However, where necessitated by geographical constraints (such as unloading wharf, 
railway station, passes) and provided that in such a case the inspection post is located 
far  from  holdings  or  places  where  animals  likely  to  be  infected  by  contagious 
diseases are kept, sitting of an inspection post at a certain distance from the point of 
entry may be tolerated; 

located in a customs area enabling other administrative formalities to be carried out, 
including customs formalities relating to importation; 

designated and approved in accordance with paragraph 3; 

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 working under his direction. (cid:206)1 The official veterinarian shall 
ensure that all updating of the data bases indicated in the third indent of Article 1(1) 
of Decision 92/438/EEC is carried out.  

(b) 

(c) 

(d) 

(cid:208) 91/496/EEC (adapted) 

3. Once border ⌦ inspection ⌫ posts have been short-listed by national authorities, acting 
in  conjunction  with  the  Commission  departments ⌦ for  the  purposes  of  verifying ⌫  their 
compliance with the minimum requirements set out in Annex I, Member States shall submit 
to the Commission the list of border inspection posts responsible for carrying out veterinary 
checks on animals, and shall provide the following information: 

(a) 

the nature of the border inspection post: 

(cid:208) 91/496/EEC 

(i) 

port; 

(ii) 

airport; 

(iii)  road checkpoint; 

EN 

11 

   EN 

 
 
 
(iv) 

rail checkpoint; 

(b) 

the  nature  of  the  animals  which  could  be  checked  at  the  border  inspection  post  in 
question  given  the  equipment and veterinary staff available, indicating any animals 
that cannot be checked at those border inspection posts and for registered equidae the 
operating hours of a specially approved border inspection post; 

(c) 

the staff assigned to veterinary checks: 

(i) 

number of official veterinarians with at least one official veterinarian on duty at 
all times that the border inspection post is open; 

(ii)  number of specially qualified auxiliary staff or assistants; 

(d) 

the description of the equipment and premises available for carrying out: 

(i) 

the documentary check; 

(ii) 

the physical check; 

(iii)  sampling; 

(iv) 

the general tests laid down in Article 4(2)(b); 

(v) 

the specific tests ordered by the official veterinarian; 

(e) 

(f) 

(g) 

the capacity of the premises available to house animals where necessary pending the 
test results; 

the  nature  of  the  equipment  allowing  a  rapid  exchange  of  information,  particularly 
with other border inspection posts; 

the  volume  of  trade  (types  and  quantities  of  animals  passing  through  this  border 
inspection post). 

4.  Acting  in  conjunction  with  the  competent  national  authorities,  the  Commission  shall 
inspect  the  border  inspection  posts  designated  in  accordance  with  paragraph  3  in  order  to 
satisfy  itself  that  there  is  uniform  application  of  the  rules  on  veterinary  checks  and  that  the 
various  border  inspection  posts  in  fact  possess  the  necessary  infrastructures  and  meet  the 
minimum requirements laid down in Annex I. 

(cid:208) 91/496/EEC (adapted) 

The  Commission  shall  submit  to  the  Committee  referred  to  in  Article  22(1)  a  report  on  the 
outcome of the inspections referred to in the first subparagraph of this Article, together with 
proposals  taking  into  account  the  conclusions  of  the  report,  with  a  view  to  establishing  a 
Community  list  of  border  inspection  posts.  That  list  shall  be  approved  and  subsequently 
updated in accordance with the procedure referred to in Article 22(2). 

The  Commission  shall  publish  the  ⌦ Community ⌫  list  of  approved  border  inspection 
posts, and any subsequent updates, in the Official Journal of the European Union. 

EN 

12 

   EN 

 
 
5.  As  the  need  arises,  the  Commission  shall  adopt  any  detailed  rules  required  for 
implementing paragraphs 1 to 4 in accordance with the procedure referred to in Article 22(3). 

(cid:208) 91/496/EEC 

Article 7 

1.  Where  animals  of  species  for  which  import  rules  have  been  harmonised  at  Community 
level are not to be placed on the market in the territory of the Member State which carried out 
the checks referred to in Article 4, the official veterinarian of the border inspection post shall, 
without  prejudice  to  the  specific  requirements  applicable  to  equidae  registered  and 
accompanied by the identification document provided for by Council Directive 90/427/EEC14: 

(a) 

(b) 

provide the person concerned with a copy or, if the consignment of animals is split, 
several  individually  authenticated  copies  of  the  original  certificates  relating  to  the 
animals; the period of validity of such copies shall be no more than 10 days; 

(cid:208) 91/496/EEC (adapted) 

issue  a  certificate  ⌦ in  conformity  with ⌫  the  model  to  be  drawn  up  by  the 
Commission  in  accordance  with the procedure referred to in  Article  22(3) attesting 
that the checks referred to in Article 4(1) and Article 4(2)(a), (b) and (d) have been 
carried out to the satisfaction of the official veterinarian, and specifying the nature of 
the  samples  that  have  been  taken  and  the  results  of  any  laboratory  tests,  or  when 
those results are expected; 

(c) 

keep the original certificate or certificates accompanying the animals. 

(cid:208) 91/496/EEC 

2. Detailed rules for the application of paragraph 1 shall be adopted  in accordance with the 
procedure referred to in Article 22(3). 

3. Once animals have passed through border inspection posts, trade in the animals referred to 
in paragraph 1 and allowed into the territories referred to in Annex I to Directive 97/78/EC, 
shall be conducted in accordance with the rules for veterinary checks laid down in Directive 
90/425/EEC. 

14 

OJ L 224, 18.8.1990, p. 55. 

EN 

13 

   EN 

 
 
 
 
                                                 
In particular, the information to the competent authority of the place of destination given by 
in  Article  20  of 
means  of 
Directive 90/425/EEC, shall specify whether: 

information  exchange 

system  provided 

the 

for 

(cid:208) Corrigendum 91/496/EEC 
(OJ L 141, 31.5.2008, p. 22) 

(a) 

(b) 

animals are intended for a Member State or an area having specific requirements; 

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

(cid:208) 91/496/EEC 

Article 8 

1.  Member  States  shall  ensure  that  veterinary  checks  on  imports  of  animals  of  species  not 
covered  by  Annex  A  to  Directive  90/425/EEC  are  carried  out  in  accordance  with  the 
following provisions: 

(a) 

(b) 

where animals are presented directly at one of the border posts of the Member State 
which intends to import them, they shall undergo at that post all the checks provided 
for in Article 4; 

where animals are presented at a border inspection post situated in another Member 
State, with the latter's prior agreement, either: 

(i) 

(ii) 

all the checks referred to in Article 4 shall be carried out at that post on behalf 
of  the  Member  State  of  destination  in  order,  in  particular,  to  ensure  that  the 
latter's animal health requirements have been complied with; or 

in the event of agreement between the competent central authorities of the two 
Member States and, where appropriate, those of the Member State or Member 
States  of  transit,  only  the  checks  provided  for  in  Article  4(1)  shall  be  carried 
out at that post, in which case the checks provided for in Article 4(2) shall be 
carried out in the Member State of destination. 

In the latter case, however, animals may leave the border inspection post where 
the documentary check and identity check have been carried out only in sealed 
vehicles and only after the official veterinarian: 

– 

– 

has  indicated  on  the  copy,  or,  where  the  consignment  is  split,  on  the 
copies,  of  the  original  certificates  that  the  animals  have  passed  through 
and that the check has been carried out, 

has informed, by means of the information exchange system provided for 
in  Article  20  of  Directive  90/425/EEC,  the  veterinary  authority  of  the 
place  of  destination  or,  where  appropriate,  of  the  Member  State  or 
Member States of transit, that the animals have passed through, 

EN 

14 

   EN 

 
 
 
– 

notwithstanding  Article  3(1)(c),  has  given  a  discharge  to  the  competent 
customs authority of the border inspection post in respect of the animals 
presented. 

In the case of animals intended for slaughter, Member States may have recourse only 
to the solution set out in (i). 

Member  States  shall  inform  the  Commission  and  the  representatives  of  the  other 
Member  States  meeting  in  the  Committee  referred  to  in  Article 22(1),  of  cases  of 
recourse to the solution set out in (ii). 

2.  Member  States  shall  ensure  that,  pending  adoption  of  the  specific  decisions  provided  for 
under Community rules, animals the trade in which has been harmonised at Community level 
but which come from a third country for which uniform animal health conditions have not yet 
been established shall be imported subject to the following conditions: 

(a) 

(b) 

(c) 

(d) 

(e) 

they must have remained in the third country of dispatch at least during the periods 
provided for in Article 7(c) of Council Directive 2004/68/EC15; 

they must undergo the checks provided for in Article 4; 

they  may  not  leave  the  border  inspection  post  or  the  quarantine  centre  unless  such 
checks show that the animal or consignment of animals either: 

(i)  without  prejudice  to  specific  requirements  applicable  to  the  third  countries 
concerned in respect of diseases foreign to the Community, complies with the 
animal health requirements applicable in trade in the species concerned as laid 
down in the Directives referred to in Annex A to Directive 90/425/EEC or with 
the animal health requirements laid down in Directive 2004/68/EC; or 

(ii) 

in respect of one or more specific diseases, fulfils the conditions of equivalence 
recognised,  in  accordance  with  the  procedure  referred  to  in  Article  22(3),  on 
the  basis  of  reciprocity,  between  the  requirements  of  the  third  country  and 
those of the Community; 

if  they  are  intended  for  a  Member  State  benefiting  from  the  additional  guarantees 
provided  for  in  Article  3(1)(e)(iii)  and  (iv)  of  Directive  90/425/EEC,  they  must 
satisfy the relevant requirements laid down in respect of intra-Community trade; 

after they have passed through the border inspection post, they must, in the case of 
animals  for  slaughter,  be  conveyed  to  the  slaughterhouse  of  destination,  or,  in  the 
case of animals for breeding and production or aquaculture animals, be conveyed to 
the holding of destination. 

3. Member States shall ensure that, if the checks provided for in paragraphs 1 and 2 show that 
the animal or the consignment of animals does not comply with the requirements laid down 
therein,  the  animal  or  consignment  may  not  leave  the  border  inspection  post  or  quarantine 
centre. Article 12 shall apply. 

15 

OJ L 139, 30.4.2004, p. 321. .  

EN 

15 

   EN 

 
                                                 
4.  Member  States  shall  ensure  that,  where  the  animals  referred  to  in  paragraph  1  are  not 
intended to be placed on the market in the territory of the Member State which has carried out 
the veterinary checks, the provisions of Article 7, and in particular those relating to the issue 
of the certificate, shall apply. 

5.  Member  States  shall  ensure  that  at  the  place  of  destination,  animals  for  breeding  and 
production shall remain under the official supervision of the competent veterinary authorities. 
After an observation period to be determined in accordance with the procedure referred to in 
Article 22(3), the animals may enter intra-Community trade under the conditions laid down in 
Directive 90/425/EEC. 

Animals for slaughter shall be subject, in the slaughterhouse of destination, to the Community 
rules relating to the slaughter of the species concerned. 

6. Detailed rules for the application of paragraphs 1 to 5 shall be adopted, as the need arises, 
in accordance with the procedure referred to in Article 22(3). 

Article 9 

1. Member States shall authorise the transit of animals from one third country to another third 
country or to the same third country provided that: 

(cid:208) 2003 Act of Accession Art. 20 
and Annex II p. 389 

(cid:208) 91/496/EEC 

(a) 

(b) 

such transit has been previously authorised by the official veterinarian of the border 
inspection  post  of  the  Member  State  in  the  territory  of  which  the  animals  must  be 
presented in order to undergo there the checks provided for in Article 4 and, where 
appropriate,  by  the  competent  central  authority  of  the  Member  State  or  Member 
States of transit; 

the  party  concerned  supplies  proof  that  the  first  third  country  to  which  the  animals 
are  being  sent,  after  transit  through  one  of  the  territories  referred  to  in  Annex  I  to 
Directive 97/78/EC, undertakes under no circumstances to reject or to send back the 
animals,  the  importation  or  transit  of  which  it  has  authorised  and  undertakes  to 
comply,  in  the  territories  referred  to  in  Annex  I  to  Directive  97/78/EC,  with 
Community rules on protection during transport; 

(c) 

the ⌦ checks ⌫ referred to in Article 4 show to the satisfaction of the veterinarian, 
if  applicable  after  the  animals  have  passed  through  a  quarantine  centre,  that  the 
animals fulfil the requirements of this Directive or, in the case of animals referred to 
in  Annex  A  to  Directive  90/425/EEC,  afford  health  guarantees  recognised  in 

(cid:208) 91/496/EEC (adapted) 

EN 

16 

   EN 

 
 
 
 
accordance with the procedure referred to in Article 22(3) as being at least equivalent 
to those requirements; 

(d) 

(e) 

(cid:208) 91/496/EEC 
(cid:206)1 92/438/EEC Art. 9 pt. 4 

the competent authority of the border inspection post notifies the fact that the animals 
have  passed  through  to  the  competent  authorities  of  the  Member  State  or  Member 
States of transit and of the border post of exit, by means of the information exchange 
system (cid:206)1 referred to in Article 20 of Directive 90/425/EEC ; 

(cid:208) 91/496/EEC (adapted) 

in  the  case  of  passage  through  one  of  the  territories  referred  to  in  Annex  I  to 
Directive  97/78/EC,  such  transit  is  carried  out  under  the  Community  transit 
procedure (external transit) or under any other customs transit procedure provided for 
in Community rules; the only handling authorised during transit shall be that carried 
out at the point of entry into or exit from one of the territories referred to in Annex I 
⌦ to Directive 97/78/EC ⌫ and operations to ensure the animals' welfare. 

2. All expenditure incurred pursuant to this Article shall be chargeable to the consignor, the 
consignee or their representative without compensation by the Member State. 

(cid:208) 91/496/EEC 

Article 10 

1. In cases where Community rules or the national rules of the place of destination, in areas 
which  have  not  been  harmonised,  provide  for  live  animals  to  be  placed  in  quarantine  or 
isolation, such quarantine or isolation may take place: 

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC 

(a) 

for  diseases  other  than  foot-and-mouth  disease,  rabies  and  Newcastle  disease,  at  a 
quarantine  centre  situated  in  the  third  country  of  origin,  provided  that  it  has  been 
approved by the procedure referred to in Article 22(2) and is regularly inspected by 
the Commission's veterinary experts; 

(b) 

at  a  quarantine  centre  situated  within  Community  territory  which  meets  the 
requirements laid down in Annex II; 

(c) 

on the holding of destination. 

EN 

17 

   EN 

 
 
 
 
 
 
Special safeguards to be complied with during transport between the quarantine centre, farms 
of origin and of destination and border inspection posts and in the quarantine centres referred 
to  in  the  point  (a)  of  the  first  subparagraph  may  be  laid  down  in  accordance  with  the 
procedure referred to in Article 22(3). 

2.  If  the  official  veterinarian  responsible  for  the  border  inspection  post  orders  placing  in 
quarantine, that quarantine must take place, depending on the hazard diagnosed by the official 
veterinarian, either: 

(a) 

(b) 

(c) 

at the border inspection post itself or in its immediate vicinity; or 

on the holding of destination; or 

at a quarantine centre situated in the vicinity of the holding of destination. 

3.  The  general  conditions  to  be  fulfilled  for  the  quarantine  centres  referred  to  in  paragraph 
1(a) and (b) are laid down in Annex II. 

The special approval conditions applicable to the different animal species shall be adopted in 
accordance with the procedure referred to in Article 22(3). 

(cid:208) 2008/73/EC Art. 13 

4. 

The  procedure  referred  to  in  Article  22(2)  shall  be  followed  for  the  approval 
and  subsequent  updating  of  the  list  of  quarantine  centres  referred  to  in 
paragraph 1(a) of this Article. The Commission shall publish the list of these 
quarantine  centres  and  any  subsequent  updates  in  the  Official  Journal  of  the 
European Union. 

Quarantine  centres  referred  to  in  paragraph  1(b)  and  paragraph  2(a)  of  this 
Article that fulfil the conditions laid down in Annex II shall be approved by the 
Member  States,  each  centre  being  given  an  approval  number.  Each  Member 
State  shall  draw  up  and  keep  up-to-date  a  list  of  approved  quarantine  centres 
and their approval numbers and make it available to the other Member States 
and to the public. Quarantine centres shall be subject to the inspection provided 
for in Article 19. 

Detailed  rules  for  the  uniform  application  of  the  second  subparagraph  may  be 
adopted in accordance with the procedure referred to in Article 22(2). 

(cid:208) 91/496/EEC 

5.  The  second  subparagraph  of  paragraph  1  and  paragraphs  3  and  4  shall  not  apply  to 
quarantine centres which are solely for the animals referred to in Article 8(1). 

6. All expenditure incurred pursuant to this Article shall be chargeable to the consignor, the 
consignee or their representative without compensation by the Member State. 

EN 

18 

   EN 

 
 
 
 
 
7.  Before  1  January  1996,  the  Commission  shall  submit  to  the  Council  a  report,  possibly 
accompanied  by  proposals,  on  the  need  for  Community  quarantine  centres  and  financial 
assistance from the Community for their operation. 

Article 11 

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

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC 

2. Member States shall take the appropriate administrative or penal measures to penalise any 
infringement  of  veterinary  legislation  by  natural  or  legal  persons  where  it  is  found  that 
Community rules have been infringed, in particular where it is found that the certificates or 
documents drawn up do not correspond to the actual state of the animals, that identification 
marks do not comply with those rules or that the animals were not presented for inspection at 
a border post or that the animals have not been sent to the destination originally intended. 

Article 12 

1.  Where  the  checks  referred  to  in  this  Directive  show  that  an  animal  does  not  satisfy  the 
requirements  laid  down  in  Community  rules  or,  on  matters  not  yet  harmonised,  in  national 
rules, or where such checks reveal an irregularity, the competent authority, after consultation 
with the importer or his representative, shall decide either: 

(a) 

(b) 

(c) 

to shelter, feed and water and, if necessary, treat the animals; or 

as the case may be, to place them in quarantine or to isolate the consignment; 

to re-dispatch, within a time limit to be set by the competent national authority, the 
consignment  of  animals  outside  the  territories  referred  to  in  Annex  I  to  Directive 
97/78/EC where animal health or animal welfare requirements so allow. 

2.  In  the  case  of  re-dispatch  referred  to  in  paragraph  1(c),  the  official  veterinarian  of  the 
border inspection post shall: 

(a) 

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

(cid:208) 92/438/EEC Art. 9 pt. 5 

EN 

19 

   EN 

 
 
 
 
(cid:208) 91/496/EEC 

(b) 

under  arrangements  to  be  defined  in  accordance  with  the  procedure  referred  to  in 
Article  22(3),  cancel  the  veterinary  certificate  or  document  accompanying  the 
rejected consignment. 

3.  If  re-dispatch  is  impossible,  in  particular  for  reasons  of  the  welfare  of  the  animals,  the 
official veterinarian: 

(a) 

(b) 

may,  after  agreement  by  the  competent  authority  and  after  ante-mortem  inspection, 
authorise  the  slaughter  of  the  animals  for  human  consumption  under  the  condition 
laid down by Community rules; 

must,  otherwise,  order  the  slaughter  of  the  animals  for  purposes  other  than  human 
consumption  or  order  the  destruction  of  the  carcases,  specifying  the  conditions 
regarding control of the use of the products obtained. 

The competent central authority shall inform the Commission of cases where recourse is had 
to  these  derogations  in  accordance  with  paragraph  6.  The  Commission  shall  keep  the 
Committee referred to in Article 22(1) regularly informed of such cases. 

4.  The  importer  or  his  representative  shall  be  liable  for  the  costs  incurred  in  the  measures 
provided for in paragraphs 1, ⌦ 2 and 3 ⌫, ⌦ including ⌫ the process of destroying the 
consignment or using the meat for other purposes. 

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC 

The yield of the sale of the products referred to in the first subparagraph of paragraph 3 shall 
revert to the owner of the animals or his representative, after deduction of the above costs. 

5.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted,  as  the  need  arises,  in 
accordance with the procedure referred to in Article 22(3). 

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

(cid:208) 92/438/EEC Art. 9 pt. 7 

(cid:208) 91/496/EEC 

7. The competent authorities shall, where appropriate, communicate any information at their 
disposal in accordance with Council Directive 89/608/EEC16. 

16 

OJ L 351, 2.12.1989, p. 34. 

EN 

20 

   EN 

 
 
 
 
 
 
                                                 
Article 13 

(cid:208) 91/496/EEC (adapted) 

In accordance with the procedure referred to in Article 22(3),  the Commission  shall,  on the 
basis of the plans referred  to in the second paragraph ⌦ of this Article ⌫, adopt the rules 
applicable to imports of animals for slaughter intended for local consumption and of breeding 
or  production  animals  in  certain  parts  of  the  territories  referred  to  in  Annex  I  to  Directive 
97/78/EC to take account of the natural constraints specific to these territories, including their 
remoteness from the mainland part of Community territory. 

(cid:208) 91/496/EEC 

To  that  end,  by  31  December  1991  at  the  latest,  Member  States  shall  submit  a  plan  to  the 
Commission  setting  out  the  procedures  for  carrying  out  checks  on  imports,  into  the  regions 
referred  to  in  the  first  paragraph,  of  animals  from  third  countries.  These  plans  must  specify 
the checks carried out to prevent animals introduced into the territories concerned or products 
obtained  from  those  animals  being  dispatched  under  any  circumstances  to  other  parts  of 
Community territory. 

Article 14 

For the purposes  of carrying out the  checks referred to in Article 7(3) of this Directive, the 
identification and registration provided for in Article 3(1)(c) of Directive 90/425/EEC must, 
except in the case of animals for slaughter and registered equidae, be carried out at the place 
of destination of the animals, where appropriate after the observation period provided for in 
Article 8(5) of this Directive. 

The  procedures  for  identifying  or  marking  animals  for  slaughter  shall  be  determined  in 
accordance with the procedure referred to in Article 22(3). 

(cid:208) 96/43/EC Art. 2(2) 

Article 15 

Member States shall collect a fee for veterinary and health checks when the animals referred 
to in this Directive are imported, in accordance with Council Directive 96/23/EC17. 

17 

OJ L 125, 23.5.1996, p. 10. 

EN 

21 

   EN 

 
 
 
 
                                                 
(cid:208) 91/496/EEC (adapted) 

Article 16 

Under  the  procedure  referred  to  in  Article  22(3)  and  on  a  reciprocal  basis,  less  frequent 
identity  checks  and/or  physical  checks  may,  without  prejudice  to  controls  to  see  that  the 
welfare  requirements  during  transport  are  being  complied  with,  be  applied  under  certain 
conditions. 

The Commission shall take into account the following criteria for granting derogations of this 
nature: 

(cid:208) 91/496/EEC 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the  guarantees  offered  by  the  third  country  in  question  with  respect  to  compliance 
with  Community  requirements,  particularly  those  of  Directives  2004/68/EC  and 
[90/426/EEC]; 

the health situation of animals in the third country concerned; 

information on the health situation in the third country; 

the  nature  of  the  measures  to  monitor  and  to  combat  disease  applied  by  the  third 
country; 

the structures and powers of the veterinary service; 

the  rules  on  the  authorisation  of  certain  substances  and  compliance  with  the 
requirements set out in Article 29 of Directive 96/23/EC ; 

the outcome of the Community inspection visits; 

the outcome of the import controls carried out. 

Article 17 

Rights of appeal existing 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  of  the  Member  State  of  destination  and  the 
reasons for such decision shall be notified to the importer concerned by such decisions or his 
representative. 

If the importer concerned or his representative so requests, those decisions and reasons shall 
be forwarded to him in writing with details of the rights of appeal which are available to him 
under the law in force in the Member State in which the frontier inspection post is situated, 
and of the procedure and time limits applicable. 

EN 

22 

   EN 

 
 
 
(cid:208) 91/496/EEC 

CHAPTER III 

Safeguard provisions 

Article 18 

1. If a disease referred to in Council Directive 82/894/EEC18, a zoonosis or other disease or 
phenomenon liable to present a serious threat to animal or human health occurs or spreads in 
the  territory  of  a  third  country,  or  if  any  other  serious  animal  health  reason  so  warrants,  in 
particular in the light of the findings of its veterinary experts, the Commission may, acting on 
its  own  initiative  or  at  the  request  of  a  Member  State,  adopt  one  of  the  following  measures 
without delay and depending on the gravity of the situation: 

(a) 

(b) 

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

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

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

(a) 

(b) 

seize and destroy the consignment; 

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

3.  In  the  case  provided  for  in  paragraph  1,  the  Commission  may  take  interim  protective 
measures in respect of animals covered by Article 9. 

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

5. In the case where a Member State informs the Commission officially of the need to take 
safeguard  measures  and  the  Commission  has  not  invoked  paragraphs  1  and  3  or  made  a 
referral to the Committee referred to in Article 22(1) in accordance with paragraph 6 of this 
Article, that Member State may take interim protective measures in respect of the animals in 
question. 

Where a Member State takes interim protective measures in respect of a third country under 
the terms of this paragraph, it shall inform the other Member States and the Commission in 
accordance with Directive 89/608/EEC. 

18 

OJ L 378, 31.12.1982, p. 58.  

EN 

23 

   EN 

 
 
                                                 
6. Within 10 working days, the Committee referred to in Article 22(1) shall have the matter 
referred  to  it  with  a  view  to ⌦ deciding  on ⌫  the  extension,  amendment  or  repeal  of  the 
measures provided for in paragraphs 1, 3 and 5 ⌦ of this Article ⌫, in accordance with the 
procedure referred to in Article 22(2). 

(cid:208) 91/496/EEC (adapted) 

(cid:208) 91/496/EEC 

7. Decisions to extend, amend or repeal measures decided on pursuant to paragraphs 1, 2, 3 
and 6 shall be taken in accordance with the procedure referred to in Article 22(2). 

8. Detailed rules for the application of this Chapter shall be adopted, where the need arises, in 
accordance with the procedure referred to in Article 22(3). 

CHAPTER IV 

Inspection 

Article 19 

1. Veterinary experts from the Commission may, in conjunction with the competent national 
authorities  and  to  the  extent  necessary  for  uniform  application  of  the  requirements  of  this 
Directive, verify that the border inspection posts approved in accordance with Article 6 and 
the  quarantine  centres  approved  in  accordance  with  Article  10  satisfy  the  criteria  listed 
respectively in Annexes I and II. 

2.  Veterinary  experts  from  the  Commission  may,  in  conjunction  with  the  competent 
authorities, make on-the-spot checks. 

3.  A  Member  State  in  whose  territory  an  inspection  is  made  shall  provide  the  veterinary 
experts  from  the  Commission  with  any  assistance  they  may  require  in  the  performance  of 
their tasks. 

4. The Commission shall inform the Member States of the outcome of the checks. 

5. Where the Commission deems that the outcome of checks so justifies, it shall review the 
situation  within  the  Committee  referred  to  in  Article  22(1).  It  may  adopt  the  necessary 
decisions in accordance with the procedure referred to in Article 22(2). 

6.  The  Commission  shall  monitor  developments.  In  the  light  of  such  developments  and  in 
accordance  with  the  procedure  referred  to  in  Article  22(2),  it  may  amend  or  repeal  the 
decisions referred to in paragraph 5 ⌦ of this Article ⌫. 

(cid:208) 91/496/EEC (adapted) 

EN 

24 

   EN 

 
 
 
 
7.  Detailed  rules  for  the  application  of  paragraphs  1  to  6  shall  be  adopted,  where  the  need 
arises, in accordance with the procedure referred to in Article 22(3). 

(cid:208) 91/496/EEC 

Article 20 

Where, on the basis of the checks carried out at the point where the animals are marketed, a 
competent  authority  of  a  Member  State  considers  that  this  Directive  is  not  being  complied 
with  at  a  border  inspection  post  of  another  Member  State,  it  shall  contact  the  competent 
national 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 ways and 
means  in  which  the  situation  could  be  remedied,  where  necessary  by  visiting  the  Member 
State in question. 

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

The  Commission  shall,  at  the  request  of  the  competent  authority  of  the  Member  State  of 
destination or on its own initiative, send an inspection team to the Member State in question 
in conjunction with the competent national authorities. Depending on the type of infringement 
observed, that team may remain in the Member State in question until the decisions referred 
to in the eighth paragraph have been taken. 

Pending the Commission's findings, the Member State in question shall, at the request of the 
Member State of destination, step up checks at the border inspection post or quarantine centre 
concerned. 

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

At  the  request  of  one  of  the  two  Member  States  concerned,  and  in  accordance  with  the 
procedure  referred  to  in  Article  22(2),  the  Commission  shall,  where  the  irregularities  are 
confirmed  by  the  inspection  referred  to  in  the  fifth  paragraph  of  this  Article,  take  the 
appropriate measures. These measures shall be confirmed or reviewed as soon as possible in 
accordance with the same procedure. 

1.  Each  Member  State  shall  draw  up  a  programme  for  the  exchange  of  staff  designated  to 
carry out the veterinary checks on animals coming from third countries. 

Article 21 

EN 

25 

   EN 

 
 
2.  The  Commission  and  the  Member  States  shall  coordinate  the  programmes  referred  to  in 
paragraph 1 within the Committee referred to in Article 22(1). 

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 the implementation of programmes shall be reviewed in the Committee referred 
to in Article 22(1) on the basis of reports drawn up by the Member States. 

5.  Member  States  shall  take  into  account  the  experience  gained,  in  order  to  improve  and 
develop the exchange programmes. 

6.  A  financial  contribution  from  the  Community  may  be  granted  in  order  to  promote  the 
efficient development of exchange programmes. Detailed rules for such contribution and the 
estimated amount to be charged to the general budget of the European Communities are laid 
down in Council Decision [90/424/EEC]19. 

7. Detailed rules for the application of paragraphs 1, 4 and 5 shall be adopted, where the need 
arises, in accordance with the procedure referred to in Article 22(3). 

CHAPTER V 

General provisions 

(cid:208) 91/496/EEC (adapted) 

⌦ Article 22 ⌫ 

⌦ 1. The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European 
Parliament and of the Council20, hereinafter referred to as “the Committee”. ⌫ 

⌦ 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC 
shall apply. ⌫ 

⌦ The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days. ⌫ 

⌦ 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC 
shall apply. ⌫ 

⌦ The  period  laid  down  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  set  at  three 
months. ⌫ 

19 
20 

OJ L 224, 18.8.1990, p. 19.  
OJ L 31, 1.2.2002, p. 1. 

EN 

26 

   EN 

 
 
                                                 
(cid:208) 91/496/EEC 

Article 23 

The  Annexes  shall,  where  the  need  arises,  be  amended  in  accordance  with  the  procedure 
referred to in Article 22(3). 

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

Article 24 

(cid:208) 91/496/EEC (adapted) 

Article 25 

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, in particular for setting 
up networks for exchanges of information between veterinary services and border posts. 

(cid:208)  

Article 26 

Directive 91/496/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex III, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex IV. 

Article 27 

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

It shall apply from 2 January 2010. 

EN 

27 

   EN 

 
 
 
 
(cid:208) 91/496/EEC 

Article 28 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

28 

   EN 

 
 
 
 
 
(cid:208) 91/496/EEC 

ANNEX I 

General conditions for the approval of border inspection posts 

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

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

a dedicated access lane for the transport of live animals so that the animals are spared 
unnecessary waiting; 

facilities (which must be easy to clean and disinfect) for loading and unloading the 
different  means  of  transport,  inspection,  feeding,  watering  and  treatment  of  the 
animals, with adequate space, lighting and ventilation for the number of animals to 
be inspected; 

sufficient  numbers,  in  relation  to  the  numbers  of  animals  dealt  with  by  the  border 
inspection post, of veterinary and auxiliary staff specially trained to carry out checks 
on the accompanying documents and the clinical checks referred to in Articles 4, 5, 8 
and 9; 

sufficiently  large  premises  at  the  disposal  of  the  staff  responsible  for  carrying  out 
veterinary checks, including changing rooms, showers and toilets; 

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

the services of a specialised laboratory able to carry out special tests on the samples 
taken at the post; 

the services of an undertaking in the immediate vicinity which has the facilities and 
equipment to house, feed, water, treat and, if necessary, slaughter the animals; 

where  such  posts  serve  as  stopping  or  transfer  points  for  animals  during  transport, 
suitable  facilities  for  the  animals  to  be  unloaded,  watered,  fed,  housed  properly 
where necessary and given the requisite treatment or if necessary to be slaughtered 
on the spot in a way which spares them unnecessary suffering; 

appropriate  equipment  permitting  the  rapid  exchange  of  information  with  other 
border  inspection  posts  and  the  competent  veterinary  authorities  referred  to  in 
Article 20 of Directive 90/425/EEC; 

(10) 

equipment and facilities for cleaning and disinfecting. 

_____________ 

EN 

29 

   EN 

 
 
(cid:208) 91/496/EEC 

ANNEX II 

General conditions for the approval of quarantine centres 

The requirements of Annex I, points 2, 4, 5, 7, 9 and 10 shall apply. 

In addition, quarantine centres must: 

1. 

2. 

– 

– 

– 

be  placed  under  the  permanent  control  and  under  the  responsibility  of  the 
official veterinarian, 

be located at a distance from holdings or other places where animals are kept 
which are likely to be infected by contagious diseases, 

have  an  efficient  control  system  so  as  to  ensure  adequate  surveillance  of  the 
animals. 

_____________ 

EN 

30 

   EN 

 
 
(cid:207) 

ANNEX III 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 26) 

Council Directive 91/496/EEC 
(OJ L 268, 24.9.1991, p. 56) 

Council Directive 91/628/EEC 
(OJ L 340, 11.12.1991, p. 17) 

Council Decision 92/438/EEC 
(OJ L 243, 25.8.1992, p. 27) 

only Article 11(3) as originally worded 

only Article 9 

Point V.E.I.1.2 of Annex I to the 1994 Act of 
Accession 
(OJ C 241, 29.8.1994, p. 132) 

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

only Article 2(2) 

Point 6.B.I.21 of Annex II to the 2003 Act of 
Accession 
(OJ L 236, 23.9.2003, p. 381) 

Council Directive 2006/104/EC 
(OJ L 363, 20.12.2006, p. 352) 

only as regards the reference to 
Directive 91/496/EEC in Article 1 and 
the Annex, point I.5 

Council Directive 2008/73/EC 
(OJ L 219, 14.8.2008, p. 40) 

only Article 13 

EN 

31 

   EN 

 
 
 
 
 
Part B 

List of time-limits for transposition into national law 
(referred to in Article 26) 

Directive 

Time-limit for transposition 

91/496/EEC 

91/628/EEC 

96/43/EC 

2006/104/EC 

2008/73/EC 

1 December 199121 
1 July 19921 

1 January 1993 

1 July 1997 

1 January 2007 

1 January 2010 

_____________ 

21 

First subparagraph of Article 30(1) of Directive 91/496/EEC: 
“1. Member states shall bring into force the laws, regulations and administrative provisions necessary to 
comply with: 
(a) 
(b) 

the provisions of Article 6(3) and Articles 13, 18 and 21 on 1 December 1991; 
the other provisions of this Directive on 1 July 1992.” 

EN 

32 

   EN 

 
                                                 
ANNEX IV 

CORRELATION TABLE 

Directive 91/496/EEC 

This Directive 

_____ 

Article 1 

Article 2(1) 

Article 2(2) 

Chapter I 

Article 3 

Chapter I 

Article 1 

Article 2, first paragraph 

Article 2, second paragraph 

Chapter II 

Article 3 

Article 4(1), introductory wording 

Article 4(1), introductory wording 

Article 4(1), first indent 

Article 4(1), second indent 

Article 4(1), third indent 

Article 4(1), fourth indent 

Article 4(1)(a) 

Article 4(1)(b) 

Article 4(1)(c) 

Article 4(1)(d) 

Article  4(2),  first  subparagraph,  introductory 
wording 

Article  4(2),  first  subparagraph,  introductory 
wording 

Article  4(2),  first  subparagraph,  (a),  first 
subparagraph 

Article 4(2)(a) 

Article  4(2),  first  subparagraph,  (a),  second 
subparagraph 

Article 4(5) 

Article 4(2), first subparagraph, (b) 

Article 4(2), first subparagraph, (b) 

Article 4(2), first subparagraph, (c) 

Article 4(2), first subparagraph, (c) 

Article 4(2), first subparagraph, (d) 

Article 4(2), first subparagraph, (d) 

Article 4(2), second subparagraph 

Article 4(2), second subparagraph 

Article 4(3) and (4) 

Article 4(3) and (4) 

Article 4(5) 

Article 5 

Article 4(6) 

Article 5 

EN 

33 

   EN 

 
Article 6(1) and (2) 

Article 6(1) and (2) 

Article 6(3), introductory wording 

Article 6(3), introductory wording 

Article 6(3)(a), introductory words 

Article 6(3)(a), introductory words 

Article 6(3)(a), first indent 

Article 6(3)(a)(i) 

Article 6(3)(a), second indent 

Article 6(3)(a)(ii) 

Article 6(3)(a), third indent 

Article 6(3)(a)(iii) 

Article 6(3)(a), fourth indent 

Article 6(3)(a)(iv) 

Article 6(3)(b) 

Article 6(3)(b) 

Article 6(3)(c), introductory words 

Article 6(3)(c), introductory words 

Article 6(3)(c), first indent 

Article 6(3)(c)(i) 

Article 6(3)(c), second indent 

Article 6(3)(c)(ii) 

Article 6(3)(d), introductory words 

Article 6(3)(d), introductory words 

Article 6(3)(d), first indent 

Article 6(3)(d)(i) 

Article 6(3)(d), second indent 

Article 6(3)(d)(ii) 

Article 6(3)(d), third indent 

Article 6(3)(d)(iii) 

Article 6(3)(d), fourth indent 

Article 6(3)(d)(iv) 

Article 6(3)(d), fifth indent 

Article 6(3)(d)(v) 

Article 6(3)(e), (f) and (g) 

Article 6(3)(e), (f) and (g) 

Article 6(4), first subparagraph 

Article 6(4), first subparagraph 

Article 6(4), second subparagraph 

Article 6(4), second subparagraph 

Article 6(4), third subparagraph 

Article 6(4), fourth subparagraph 

_____ 

_____ 

Article 6(4), fifth subparagraph 

Article 6(4), third subparagraph 

Article 6(5) 

Article 6(5) 

Article 7(1), introductory wording 

Article 7(1), introductory wording 

Article 7(1), first indent 

Article 7(1), second indent 

Article 7(1)(a) 

Article 7(1)(b) 

EN 

34 

   EN 

 
Article 7(1), third indent 

Article 7(2) 

Article 7(1)(c) 

Article 7(2) 

Article 7(3), first subparagraph 

Article 7(3), first subparagraph 

Article 
introductory wording 

7(3), 

second 

subparagraph, 

Article 
introductory wording 

7(3), 

second 

subparagraph, 

Article 7(3), second subparagraph, first indent  Article 7(3), second subparagraph, (a) 

Article  7(3),  second  subparagraph,  second 
indent 

Article 7(3), second subparagraph, (b) 

Article 8A, introductory wording 

Article 8(1), introductory wording 

Article 8A, point 1, introductory wording 

Article 8(1), introductory wording 

Article 8A, point 1(a) 

Article 8A, point 1(b) 

Article 8(1)(a) 

Article 8(1)(b) 

Article 8A, point 2, introductory wording 

Article 8(2), introductory wording 

Article 8A, point 2, first indent 

Article 8(2)(a) 

Article 8A, point 2, second indent 

Article 8(2)(b) 

Article 8A, point 2, third indent 

Article 8(2)(c) 

Article 8A, point 2, fourth indent 

Article 8(2)(d) 

Article 8A, point 2, fifth indent 

Article 8(2)(e) 

Article 8A, point 3 

Article 8A, point 4 

Article 8A, point 5 

Article 8B 

Article 9 

Article 8(3) 

Article 8(4) 

Article 8(5) 

Article 8(6) 

Article 9 

Article 10(1), first subparagraph, introductory 
wording 

Article 10(1), first subparagraph, introductory 
wording 

Article 10(1), first subparagraph, first indent  Article 10(1), first subparagraph, (a) 

Article  10(1),  first  subparagraph,  second 
indent 

Article 10(1), first subparagraph, (b) 

EN 

35 

   EN 

 
Article 10(1), first subparagraph, third indent  Article 10(1), first subparagraph, (c) 

Article 10(1), second subparagraph 

Article 10(1), second subparagraph 

Article 10(2), introductory wording 

Article 10(2), introductory wording 

Article 10(2), first indent 

Article 10(2), second indent 

Article 10(2), third indent 

Article 10(3) 

Article 10(4)(a) 

Article 10(2)(a) 

Article 10(2)(b) 

Article 10(2)(c) 

Article 10(3) 

Article 10(4), first subparagraph 

Article 10(4)(b), first subparagraph 

Article 10(4), second subparagraph 

Article 10(4)(b), second subparagraph 

Article 10(4), third subparagraph 

Article 10(5), (6) and (7) 

Article 10(5), (6) and (7) 

Article 11 

Article 11 

Article 12(1), introductory wording 

Article 12(1), introductory wording 

Article 12(1)(a) and (b) 

Article 12(1)(a) and (b) 

Article 12(1)(c), first subparagraph 

Article 12(1)(c) 

Article 
introductory wording 

12(1)(c), 

second 

subparagraph, 

Article 12(2), introductory wording 

Article  12(1)(c),  second  subparagraph,  first 
indent 

Article 12(2)(a) 

Article 12(1)(c), second subparagraph, second 
indent 

Article 12(2)(b) 

Article 
introductory wording 

12(1)(c), 

third 

subparagraph, 

Article 12(3), first subparagraph, introductory 
wording 

Article  12(1)(c),  third  subparagraph,  first 
indent 

Article 12(3), first subparagraph, (a) 

Article  12(1)(c),  third  subparagraph,  second 
indent 

Article 12(3), first subparagraph, (b) 

Article 12(1)(c), fourth subparagraph 

Article  12(3),  second  subparagraph,  first 
sentence 

EN 

36 

   EN 

 
Article 12(1)(c), fifth subparagraph 

Article  12(3),  second  subparagraph,  second 
sentence 

Article 12(2) 

Article 12(3) 

Article 12(4) 

Article 12(5) 

Article 12(4) 

Article 12(5) 

Article 12(6) 

Article 12(7) 

Articles 13 to 17 

Articles 13 to 17 

Article 17a 

Chapter II 

_____ 

Chapter III 

Article 18(1), introductory wording 

Article 18(1), introductory wording 

Article 18(1), first indent 

Article 18(1), second indent 

Article 18(1)(a) 

Article 18(1)(b) 

Article 18(2), introductory wording 

Article 18(2), introductory wording 

Article 18(2), first indent 

Article 18(2), second indent 

Article 18(3)-(8) 

Chapter III 

Article 18(2)(a) 

Article 18(2)(b) 

Article 18(3)-(8) 

Chapter IV 

Articles 19, 20 and 21 

Articles 19, 20 and 21 

Chapter IV 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Chapter V 

Article 22(1) and (2) 

Article 22(1) and (3) 

Article 23 

Article 24 

_____ 

_____ 

_____ 

Article 25 

EN 

37 

   EN 

 
Article 30 

_____ 

_____ 

Article 31 

Annex A 

Annex B 

_____ 

_____ 

_____ 

Article 26 

Article 27 

Article 28 

Annex I 

Annex II 

Annex III 

Annex IV 

_____________ 

EN 

38 

   EN