CELEX: 51992PC0167
Language: en
Date: 1992-05-04
Title: Proposal for a COUNCIL DECISION on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC and repealing Decision 88/192/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(92) 167 final
                                               Brussels, 4  May 1992
                              Proposal for a
                             COUNCIL DECISION
  on computerization of veterinary import procedures (Shift project),
      amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and
         Decision 90/424/EEC and repealing Decision 88/192/EEC
                      (presented by the Commission)
 ---pagebreak---                                               / -
                                  EXPLANATORY MEMORADUM
The    attached   proposal    deals   with   computerization      of  veterinary      import
procedures    (Shift project) for live animals and animal products from third
 countries.   Its setting is the introduction of data transmission networks in
order to enable the internal market to function smoothly.
Since adoption of Council Decision 88/192/CEE of 28 March 1988 on a system for
health control of imports from third countries at frontier inspection posts
 (Shift   project)(1)     considerable   progress     has   been    made   on   veterinary
harmonization.     In   particular   the   Council    has   adopted    Council   Directive
90/675/EEC    of  10   December   1990  laying    down  the   principles    governing    the
organization    of veterinary     checks on products      entering   the Community      from
third countries( 2 ), 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
                                             3
89/662/EEC, 90/425/EEC and 90/675/EEC< ) and Council Directive 91/628/EEC of
19 November 1991 on the protection of animals during transport and amending
Directives 90/425/EEC and 91/496/EEc( 4 ).
The proposal adjusts these Directives to the requirements of the proposed new
arrangements.    These cover:
-   the information procedure when a consignment is rejected
-   operation of data bases covering veterinary requirements for importation
    and veterinary inspection of imports
-   experimental computerized certification.
The system-architecture principles are laid down.
The   Community   will   make  a   financial   contribution     under   Council   Decision
90/424/EEC of 26 June 1990 on expenditure in the veterinary                field< 5 ).   The
financial implications are set out in the attached statement.
(1)    OJ No L  89, 06.04.1988, p. 32
(2)    OJ No L  373, 31.12.1990, p. 1.
(3)    OJ No L  268, 24.9.1991, p. 56.
(4)    OJ No L  340, 11.12.1991, p. 17.
(5)    OJ No L  224, 18.8.1990, p. 19.
 ---pagebreak---                                               -1l^     o
                                           proposal for a
                                     COUNCIL DECISION
                                              Of
      on computerization of veterinary import procedures (Shift project),
            amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and
               Decision 90/424/EEC and repealing Decision 88/192/EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission(*),
Having regard to the opinion of the European Parliament^ 2 ),
Having regard to the opinion of the Economic and Social Committee( 3 ),
Whereas since adoption of Council Decision 88/192/EEC of 28 March 1988 on a
system   for    health   control   of   imports     from   third  countries    at  frontier
                                         4
inspection posts      (Shift project)( ), considerable progress has been made on
harmonization in the veterinary field; whereas in particular the Council has
adopted   Council Directive      90/675/EEC     of   10 December   1990   laying down   the
principles    governing    the   organization      of   veterinary    checks  on   products
                                                          5
entering   the    community   from  third     countries^ ),    as   amended  by   Directive
91/496/EEC, 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/EEC< 6 ), as amended by Directive 91/628/EEC, and Council
Directive 91/628/EEC of 19 November 1991 on the protection of animals during
transport and amending Directives 90/425/EEC and 91/496/EEc( 7 );
(1)   OJ  No  C
(2)   OJ  NO  C
(3)   OJ  No  C
(4)   OJ  No  L  89, 06.04.1988, p. 32
(5)   OJ  No  L  373, 31.12.1990, p. 1.
(6)   OJ  No  L  268, 24.9.1991, p. 56.
(7)   OJ  No  L  340, 11.12.1991, p. 17.
 ---pagebreak---                                                -2-
Whereas   this   progress makes       it possible      to  lay   down  fresh   provisions    on
computerization      of     veterinary      import    precedures     and    repeal    Decision
 88/192/EEC;
Whereas these fresh provisions must help protect public                   and animal health
while permitting attainment of the internal market                  for animals    and animal
products;
Whereas these new provisions are all the more necessary in that inspection at
internal frontiers is to be discontinued;
Whereas computerization of import procedures must provide an efficient way for
an official veterinarian rejecting a consignment at a border inspection post
to   pass   on   relevant     information     and   also    data   bases   detailing    import
requirements and imports of animals and animal products;
Whereas Directives      90/675/EEC, 91/496/EEC and           91/628/EEC should be amended
accordingly;
Whereas Council Decision 90/424/EEC of 26 June                 1990 on expenditure in the
veterinary    field< 8 ),   as   last   amended    by   Regulation    (EEC)   No  3763/9l( 9 ),
should   be   amended     to   allow   the   Community     to   contribute    financially    to
implementation of these new measures;
Whereas   the   Commission      should   be  charged    with    adoption  of   the  necessary
implementing rules;
HAS ADOPTED THIS DECISION:
(8)    OJ No L 224, 18.8.1990, p. 19.
(9)   OJ No L 356, 24.12.1991, p. 1
 ---pagebreak---                                        -3-
                                    Article 1
 1. Computerization of veterinary import procedures shall comprise:
    -     a procedure for passing on the relevant information when an official
         veterinarian at a border inspection post re-routes a consignment
    -     operation of data bases covering the Community's import requirements
         for animals and products
    -    operation   of data  bases  covering   imports  into  the  Community  of
         animals and products
    -    certificate issuing arrangements.
2.  The computerization specified in paragraph 1 shall meet present and future
    international standards.
                                   Article 2
For  the  purposes  of  this  Decision  the   definitions  given   in  Directives
90/675/EEC, 91/496/EEC and 91/628/EEC shall be applicable as required.
                                   Article 3
1.  The information procedure referred to in the first indent of Article 1
    shall cover border inspection posts, the central authorities of the Member
    States and the Commission.
2.  The information procedure referred to in the first indent of Article 1
    shall operate as specified in Annex I hereto.
 ---pagebreak---                                         -4-
                                    Article 4
 1.  The data bases referred to in the second indent of Article 1 shall contain
     full details of requirements for importing animals and products into the
     Community, in particular lists of authorized third countries, approved
     establishments,  protective   measures   adopted   and  authorized   specimen
     certificates.
2.   The data bases referred to in the second indent of Article 1 shall be
    organized and operated as specified in Annex II hereto.
                                    Article 5
1.  The data bases referred to in the third indent of Article 1 shall contain
    full information on each consignment of animals or products brought into
    the community, covering in particular the conditions of transport of the
    animals   as specified  in  chapter   III of  Directive   91/628/EEC  and  the
    outcome   of  the  checks  carried   out  under   Directives  90/675/EEC   and
    91/496/EEC.
2.  The data bases referred to in the third indent of Article          1 shall be
    organized and operated as specified in Annex III hereto.
                                    Article 6
1.  Computerized certification as referred to in the fourth indent of Article
    1 shall be progressively introduced in cooperation with third countries on
    the basis of experience derived from initial tests.
2.  The tests indicated in paragragh     1 shall be organized    as indicated in
    Annex IV hereto.
 ---pagebreak---                                             -5-
                                        Article 7
The   equipment    used  at  border   inspection   posts   for  the  purposes  of  this
Decision     shall  be  that  specified    in Article   2(2) of    Commission  Decision
91/998/EEC      of 19  July  1991  on  a   computerized   network   linking  veterinary
authorities (Animo)(^®).
                                        Article 8
Decision 88/192/EEC is repealed.
                                        Article 9
Directive 90/675/EEC is amended as follows:
1.   The following indent is added to Article 4(1):
     "-    that no indication of rejection of the consignment has been given
           through the information procedure specified at the first indent of
           Article 1 of Council Decision        /   /EEC of         on computerization
           of veterinary import procedures (Shift project), amending Directives
           90/675/EEC,    91/496/EEC,    91/628/EEC   and   Decision   90/424/EEC   and
           repealing Decision 88/192/EEC*".
           * OJNOL
2.  The following point (d) is added to Article 8(2):
     "(d) consult the data bases specified at the second indent of
              Article 1 of Decision     /    /EEC".
3.  The following sentence is added to Article 9(2)(iii):
           "He shall ensure that all updating of the data bases indicated at the
           third indent of Article 1 of Decision        /    /EEC is carried out."
(10)   O J N O L 221, 9.8.1991, p. 30.
 ---pagebreak---                                          -6-
4.  The first indent in Article 11(4)(b) is replaced by:
    "-   using   the    computerized   network   linking   veterinary    authorities
          (Animo), give the official veterinarian at the inspection post of the
         place of destination notice of the passage of the products and of
         their probable date of arrival".
5.  The following sentence is added to Article 11(4)(b):
    "In  such cases    the competent   authority  shall  be  informed   through  the
    computerized network linking veterinary authorities (Animo)."
6.  In Article 16(1)(a) the first indent is replaced by:
    "-   activate the information procedure indicated at the first indent of
         Article 1 of Decision      /   /EEC".
7.  In Article 16(1)(a) the third indent is deleted.
8.  Article 16(5) is replaced by:
    "5.  The provisions of Decision      /   /EEC shall apply."
                                     Article 10
Directive 91/496/EEC is amended as follows:
1.  The following indent is added to Article 4(1):
    "-   that no indication of rejection of the consignment has been given
         through the information procedure specified in the first indent of
         Article     1    of    Council    Decision      /    /EEC    of          on
         computerization     of veterinary   import  procedures    (Shift project),
         amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision
         90/424/EEC and repealing Decision 88/192/EEC*"
         * OJ No L
 ---pagebreak---                                        -7-
2. In Article 4(2) the following point (e) is added:
    "(e) the check must be made after reference to the data bases specified at
         the second indent of Article 1 of Decision     /   /EEC".
3. In Article 6(2) the following sentence is added:
   "The official veterinarian    shall ensure that all updating     of the data
   bases indicated at the third indent in Article 1 of Decision      /   /EEC is
   carried out."
4. In Article 9(4)(d) the words "referred to in the second subparagraph of
   Article   12(4) are replaced by   "referred to in Article 20 of     Directive
   90/425/EEC".
5. In Article 12(1)(c) the first indent is replaced by:
   "-    activate the information procedure indicated at the first indent of
         Article 1 of Decision    /   /EEC".
6. In Article 12(1)(c) the third indent is deleted.
7. Article 12(4) is replaced by:
   "4.   The provisions of Decision    /   /EEC shall apply."
8. In  the  first  subparagraph  of Article   30(2) the   words  "in the  second
   subparagraph of" are deleted.
 ---pagebreak---                                          -8-
                                     Article 11
 In Article 11 of Directive 91/628/EEC the following paragraph is added:
 "5. The provisions of Council Decision      /     /EEC of          on computerization
     of   veterinary  import  procedures   (Shift     project),   amending   Directives
     90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC and repealing
     Decision 88/192/EEC shall be applicable*."
     * OJ No L
                                     Article 12
The following Article is added to Decision 90/424/EEC:
                                    "Article 37a
 1.  Community   financial  assistance  may    be   granted   for  computerization   of
     import   procedures   as  specified    in    Council    Decision    /     /EEC  of
     on   computerization  of   veterinary   import     procedures   (Shift   project),
     amending   Directives   90/675/EEC,   91/496/EEC,      91/628/EEC   and   Decision
     90/424/EEC and repealing Decision 88/192/EEC*.
2.   Organizational arrangements for financing under paragraph 1 and the level
     of the Community's contribution shall be determined in accordance with the
     procedure laid down in Article 41."
     * OJ No L
                                     Article 13
Any   rules  required  for  application  of this     Decision   shall  be   adopted  in
accordance with the procedure laid down in Article 14.
 ---pagebreak---                                         -9-
                                   Article 14
 1.  The Commission shall be assisted by the Standing Veterinary Committee set
     up by Council Decision 68/361/EEc( 11 ), hereinafter referred to as "the
     Committee" .
2.   Where  reference is made to the procedure    set out  in this Article the
     following provisions shall apply.
     The representative of the Commission shall submit to the Committee a draft
     of the measures to be taken.   The Committee shall deliver its opinion on
     the draft, within a time limit that the chairman may lay down according to
     the urgency of the matter, if necessary by taking a vote.
     The opinion  shall be recorded   in the minutes; in addition each   Member
     State shall have the right to ask to have its position recorded in the
     minutes.
     The Commission shall take the utmost account of the opinion delivered by
     the committee.  It shall inform the Committee of the manner in which its
     opinion has been taken into account.
                                   Article 15
This Decision is addressed to the Member States
Done at Brussels,
                                                    For the Council
(11)   OJ No L 255, 18.10.1968, p. 23
 ---pagebreak---                                        - 10 -
                                      ANNEX I
1. The basic principle of the system is that each relevant authority        (border
    inspection post, central authority of the Member state, Commission) will
    have random access to a computerized      file of consignments of animals or
    products re-dispatched under Article     12(1)(c) of Directive 91/496/EEC or
    Article 16(1)(a) of Directive 90/675/EEC.
2. This    file will  be  updated  by the  competent   authorities  of  the  Member
    States.   Information must be conveyed with all speed via the public packet-
    switching network.
3. The Commission shall be responsible for the network.      The operator shall be
    selected and the overall technical specifications of the network determined
    in accordance with the procedure laid down in Article 14.
4. The following cases of re-despatch are not to be entered in the file:
    -   absence of veterinary certificates or document.
The   provisions  of  this  paragraph  may  be   amended  in accordance   with  the
procedure laid down in Article 14.
 ---pagebreak---                                     - 11 -
                                   ANNEX II
1. The Commission shall establish a data base of the Community requirements
   for importation of live animals and products and shall make it available to
   each Member State and each border inspection post.
2. Each Member State shall establish a data base of national requirements (not
   covered by paragraph 1) for importation of live animals and products into
   its territory.  Each will make this available to the other Member states,
   the Commission and all Community border inspection posts.
3. Each Member State shall determine how its border inspection posts are to
   have access to the data bases indicated in paragraphs 1 and 2.
4. The Commission shall be responsible for updating the data base indicated in
   paragraph  1. The Member states shall be individually responsible for
   updating the data bases indicated in paragraph 2.
5. The technical requirements for harmonization of the data bases and for
   their updating shall be determined in accordance with the procedure laid
   down in Article 14.
 ---pagebreak---                                        - 12 -
                                     ANNEX III
1. Each  Member  State   shall set up    a  data  base   covering  the  animals  and
   products brought into its territory.
2. Each Member   state shall transmit to the Commission, at a frequency or
   frequencies to be determined in accordance with the procedure laid down in
   Article   14,  information   extracted   from   the   data  bases   indicated  in
   paragraph 1.
3. The technical requirements     for harmonization    of the data bases and for
   transmission   of  information   to  the  Commission    shall  be determined   in
   accordance with the procedure laid down in Article 14.
 ---pagebreak---                                     - 13 -
                                   ANNEX IV
Computerized certification will be introduced     gradually as the technical
facilities available to third-country authorities permit.
 ---pagebreak---                                                -ih-
F I N A N C I A L        S T A T E M E N T
         covering:                                                                               I
         1'roposal fo»- a Council Decision on computerization of veterinary import procedures
          (Shift project), amending Directives 90/67S/EEC, 91/496/EEC, 91/628/EEC and Decision
         90/424/EEc and repealing Decision a8/192/EEC
         Budget heading;               Item:            Description:
               1992:                   B2-5101          Other measures
               1993:                   B5-/22           Exchanges of veterinary and plant health
                                                        informati c-.i
  2.     Legal basis: Article 43 of Treaty
         Classification: Non-compulsory expenditure
  4.     Aim of measure and description:
         Computerization of veterinary import procedures (Shift project) for live animals and
         animal products from third countries
  5.     Calculation procedure:
  5.1. Nature of expenditure: Setting up a computerized system
  5.2. Comunity contribution: Purchase of necessary equipment; support and development work
                                  From 50% to 100%, variable in line with options selected
  5.3. Calculation: (in million ECU)
 1992               Development and setting up (including equipment)
                    - of a computerized consignment rejection file
                             system architecture                                           0.1
                             software development                                          0.3
                             computer hardware and system software                         0.8
                             installation (centrally and in Member States)                 0.4
                    - of central databases covering Comunity import requirements
                             development of software and entry of data                     0.3
                    - of national databases covering national import requirements
                             aid to Member States                                          1.2
                             harmonization of technical requirements                       0.4
                                                                                           1.6
                    - of databases covering imports
                             harmonization of technical requirements                       0.4
                    Outside assistance (upkeep and entry of data, software
                    development, operational assistance, etc.)                             0.2
                                                                                           4.1
 199 3              Aid to Member States, including hardware and interfaces                 3.0
                    Hardware and software                                                  0.3
                    Equipment maintenance                                                  0.2
                    Training and updating courses                                          0.2
                    Outside assistance (maintenance and development work, data
                    entry, operational assistance, etc.)                                   0.5
                                                                                           4.2
 1994 and 1995:
                    Outside assistance                        (0.5+0.5)                    1.0
                    Training and updating courses             (0.2+0.2)                    0.4
                    System development depending on needs
                    and technical requirements                                             pm
  6.     Implications for operating appropriations
  6.1. Timetable for appropriations (in million ECU)                      C.Apps          P.Apps
                                                                1992       4.1             2.5
                                                                1993       4.2             4.1
                                                                1994       0.7 (+ pm)      2.4
                                                                199 5      0.7 (+ pm)      0.7
                                                                           9.7             9.7
  6.2   Financing during y«-.»r in course:                      4.1 m ECU
  7.    Remarks:
     (1)     Presentation is based on working hypotheses and is subject to change in line with
             technical and political choices made in course of realization
     (2)     In 1992 part of the cost of development work will be covered by CADDIA (0.6 m ECU)
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 167 final
                                                      DOCUMENTS
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                                 Catalogue number: CB-CO-92-183-EN-C
                                                             ISBN 92-77-43610-7
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