CELEX: 51990PC0385
Language: en
Date: 1990-09-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN THE PRINCIPLES GOVERNING THE ORGANIZATION OF VETERINARY CHECKS ON PRODUCTS ENTERING THE COMMUNITY FROM THIRD COUNTRIES

6. 10. 90                               Official Journal of the European Communities                            No C 252/13
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
             Proposal for a Council Regulation (EEC) laying down the principles governing the organization
                      of veterinary checks on products entering the Community from third countries
                                                      COM(90) 385 final
                                      (Submitted by the Commission on 24 August 1990)
                                                         (90/C 252/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas principles valid throughout the Community
                                                                   should be fixed concerning the organization and
                                                                   follow-up of physical and identity checks to be carried
Having regard to the Treaty establishing the European
                                                                   out by the competent authorities;
Economic Community, and in particular Article 43
thereof,
Having regard to the proposal from the Commission,                 Whereas provision must be made for safeguard
                                                                   arrangements; whereas, in this context, the Commission
                                                                   must be able to act, particularly by making visits to the
Having regard      to   the   opinion    of   the   European       places concerned and adopting appropriate measures to
Parliament,                                                        rectify the situation;
Having regard to the opinion of the Economic and
Social Committee,
                                                                   Whereas, if the system of checks is to function smoothly,
                                                                   inspection posts must be checked and exchanges should
Whereas the animal products or products of animal                  take place between officials empowered to carry out
origin and plant products which are subject to checks              checks on products originating in third countries;
intended to prevent the spread of contagious diseases in
animals are listed in Annex II to the Treaty;
                                                                   Whereas the laying down at Communnity level of
Whereas the laying down at Community level of prin-                common principles is all the more necessary given that
ciples governing the organization of veterinary checks on          border controls are to be abolished in view of the
products from third countries helps to guarantee security          completion of the internal market;
of supply and market stability, at the same time
harmonizing the measures necessary to ensure the
protection of animal and public health;
                                                                   Whereas the task of adopting measures for the
                                                                   application of this Regulation should be entrusted to the
Whereas Article 19 of Council Directive 89/662/EEC of
                                                                   Commission,
11 December 1989 concerning veterinary checks in intra-
Community trade with a view to the completion of the
internal market (') provides, in particular, that the
Council must fix, before 31 December 1990, the general
principles applicable to checks on imports from third              HAS ADOPTED THIS REGULATION:
countries of products covered by the said Directive;
Whereas each consignment of products from third
                                                                                           Article 1
countries must be subjected to documentary checks on
entering the Community;                                            1.    Without prejudice to special provisions arising from
                                                                   specific Community rules, Member States shall carry out
                                                                   veterinary checks in respect of products entering the
                                                                   Community from third countries in accordance with this
(') OJ No L 395, 30. 12. 1989, p. 13.                              Regulation.
 ---pagebreak--- No C 252/14                             Official Journal of the European Communities                                6. 10. 90
2.    This Regulation shall be without prejudice to the                                     Article 4
continued application of veterinary requirements in
                                                                   1.   The competent authorities shall carry out an
respect of the products concerned, where such
                                                                  identity check of products to be placed under the
requirements arise from Community rules or from
                                                                  customs warehousing or temporary storage procedure.
national rules which have not yet been harmonized at
Community level.
                                                                  2.    Detailed rules for the application of this Article
                                                                  shall be adopted, where necessary, in accordance with
                          Article 2                               the procedure laid down in Article 22.
1.     For the purposes of this Regulation, the definitions
contained in Article 2 of Directive 89/662/EEC shall
apply.                                                                                      Article 5
                                                                   1.   This Article shall apply in respect of products to be
2.     In addition:                                               marketed for consumption in the territory of the
                                                                  Member State which carried out the check referred to in
                                                                  Article 3 and products which have been the subject of
(a)                                                 'products'    harmonization at Community level.
     means animal products or products of animal origin,
     or plant products where the purpose of the check is
     to prevent the spread of contagious diseases in              2.    Such products shall be conveyed directly, under
     animals. If necessary, a list of such products shall be      customs supervision, to the inspection post referred to in
     drawn up in accordance with the procedure laid               Article 6. Each consignment shall be subjected to an
     down in Article 22;                                          identity check and a physical check. The identity check
                                                                  and physical check shall be based on random sampling at
                                                                  intervals laid down in accordance with paragraph 5.
(b) 'documentary check'
     means verification of the documents accompanying a
     product which is itself not subjected to any check;          3.    However, by way of derogation from paragraph 2,
                                                                  for products entering a port or an airport in the territory
                                                                  defined in the Annex, the checks may be carried out in
(c) 'identity check'                                              the port or airport of destination, provided that such
     means verification, by visual inspection only, of the        port or airport has an inspection post as referred to in
     correspondence between the documents and a                   Article 6, and that the products are transported, as the
     product which is itself not subjected to any physical        case may be, by sea or by air. In such cases, Article 8 (6)
     check;                                                       shall apply.
(d) 'physical check'                                              4.    The derogations in paragraph 2 may be granted in
     means a check of the product itself,             possibly    accordance with the procedure laid down in Article 22 in
                                                                  order to take account of the type of product, particularly
     including sampling and laboratory testing.
                                                                  in the case of plant products.
                        CHAPTER I                                 5.    Without prejudice to the provisions applicable to
                                                                  certain products, detailed rules for the application of
             Organization and effects of checks                   paragraph 2 shall be adopted in accordance with the
                                                                  procedure laid down in Article 22.
                          Article 3
 1.    Each consignment of products from a third country                                    Article 6
shall be subjected to a documentary check by the
                                                                   1.   The inspection post must satisfy the requirements
competent authorities irrespective of the customs desti-
                                                                  of this Article.
nation of the products.
2.    The documentary check referred to in paragraph 1            2.    The inspection post must be located in the
shall be carried out on entry into the territory defined in       immediate vicinity of the point of entry into the territory
the Annex.                                                        defined in the Annex. In the case of goods entering the
                                                                  Community by rail or by road, however, where
                                                                  geographical conditions so warrant and where a Member
3.     Detailed rules for the application of this Article         State so requests and provides the necessary justification,
shall be adopted, where necessary, in accordance with             a derogation may be granted in accordance with the
the procedure laid down in Article 22.                            procedure laid down in Article 22.
 ---pagebreak--- 6. 10. 90                              Official Journal of the European Communities                            No C 252/15
3.     The inspection post must be subject to the authority       3.    Before being released for consumption, each
of an official veterinarian, who shall be effectively             consignment of products shall be subjected to a random
responsible for the checks. The official veterinarian may        physical check at intervals laid down in accordance with
be assisted in the performance of purely material duties          paragraph 10.
by assistants specially trained for the purpose. The
procedures for such assistance shall be adopted in
accordance with the procedure laid down in Article 22.            4.    The physical check referred to in paragraph 3 may
                                                                 be carried out at the inspection post referred to in Article
                                                                  6, situated in the territory of the Member State of entry.
4.     Without prejudice to the provisions     applicable to
                                                                  In such cases, the official veterinarian at the inspection
certain products, guidelines for the            approval of
                                                                  post shall:
inspection posts shall be adopted, where       necessary, in
accordance with the procedure laid down        in Article 22.
                                                                 — provide the person concerned with a copy or, if the
5.     Member States shall approve inspection posts and               consignment of goods is split, copies of the original
communicate to the Commission and the other Member                    certificates accompanying the goods,
States a list of approved inspection posts, specifying the
type of product for which the approval has been granted.
                                                                 — issue a certificate showing that checks have been
                                                                      carried out confirming that the products comply with
                          Article 7                                   the rules of the country of destination,
 1.    For products which have been the subject of
harmonization at Community level and are not intended
                                                                 — keep the original certificate or certificates accom-
for consumption in the territory of the Member State
                                                                      panying the goods.
which carried out the check referred to in Article 5 (2),
the official veterinarian in charge of the inspection post
referred to in Article 6 shall:
                                                                  5.    In the case referred to in paragraph 4, intra-
                                                                 Community trade in the products concerned shall be
— provide the person concerned with a copy or, if the            conducted in accordance with the rules laid down in
    consignment of goods is split, copies of the original        Directive 89/662/EEC.
    certificates accompanying the goods,
                                                                 6.     The physical check referred to in paragraph 3 may
— issue a certificate showing that the checks referred to
                                                                 be carried out at the inspection post referred to in Article
    in Article 5 have been carried out,
                                                                 6, situated in the territory of the Member State of desti-
                                                                 nation. In such cases, the competent authorities carrying
— keep the original certificate or certificates accom-           out the check provided for in paragraph 2 shall:
    panying the goods.
2.     Without prejudice to the provisions applicable to         — inform the official veterinarian at the inspection post
certain products, detailed rules for the application of               of the Member State of destination of the passage of
                                                                      the products,
paragraph 1 shall be adopted in accordance with the
procedure laid down in Article 22.
                                                                 — specify the fact of passage on the copy or, if the
3.     Intra-Community trade in the products referred to              consignment of goods is split, copies of the original
in paragraph 1 shall be conducted in accordance with the              certificates,
rules laid down in Directive 89/662/EEC.
                                                                 — keep the original certificate or certificates accom-
                          Article 8                                   panying the goods.
1.    This Article shall apply in respect of products which
have not yet been the subject of harmonization at
                                                                 7.     Where special conditions so warrant and where a
Community level and which, after entering the
                                                                 Member State so requests and provides the necessary
Community, are to be forwarded to another Member
                                                                 justification, the physical check provided for in
State.
                                                                 paragraph 3 may be carried out in a place other than
                                                                 those referred to in paragraphs 4 and 6. Such a place
2.    Each consignment of products shall be subjected to         shall be determined in each case in accordance with the
a random identity check carried out by the competent             procedure laid down in Article 22. In such cases the
authority at intervals laid down in accordance with              products shall be transported under the Community
paragraph 10, before being forwarded to another                  transit system (external procedure) in vehicles or
Member State.                                                    containers sealed by the competent authority.
 ---pagebreak---  No C 252/16                           Official Journal of the European Communities                                 6. 10. 90
 8.    Member States shall inform the Commission of the           2.    Detailed rules for the application of this Article
decision made as regards the place of the physical check          shall be adopted, where necessary, in accordance with
provided for in paragraph 3. Where necessary, measures            the procedure laid down in Article 22.
to ensure cooperation between Member States shall be
 adopted in accordance with the procedure laid down in
Article 22.                                                                                 Article 11
                                                                  1.    Derogations from this Chapter may be granted, in
 9.    If the physical check referred to in paragraph 3           accordance with the procedure laid down in Article 22,
shows that the product may not be cleared for                    in particular in respect of:
consumption, Article 13 shall apply. However, where the
product must be re-exported, such re-exportation may
 not take place until the consent of the competent auth-         — products contained in the personal luggage of
orities of any transit Member States has been obtained.               travellers and intended for their own consumption,
                                                                 — products in small consignments addressed to private
 10.    Without prejudice to the provisions applicable to
                                                                      individuals insofar as such consignments are strictly
certain products, detailed rules for the application of this
                                                                      non-commercial,
Article shall be adopted in accordance with the
procedure laid down in Article 22.
                                                                 — products carried as supplies for staff and passengers
                                                                      aboard transport vehicles engaged in international
                          Article 9                                   transport.
 1.   This Article shall apply in respect of products to be
transported from one third country to another.                   2.     For the purposes of paragraph 1, specific conditions
                                                                 under which such derogations may be granted shall be
                                                                 adopted in accordance with the procedure laid down in
2.    Transport as referred to in paragraph 1 shall be           Article 22.
authorized by the competent authority subject to the
following conditions:
                                                                 3.     Pending decisions concerning the derogations
                                                                 referred to in paragraphs 1 and 2, derogations pursuant
                                                                 to Article 1 (2) (b), (c), (d) and (e) of Council Directive
(a)   the check referred to in Article 3 has been carried
                                                                 72/462/EEC (') shall apply in respect of this Chapter.
      out, with satisfactory findings for the competent
      authority. Where fraud is suspected, the said
      authority may carry out all appropriate checks;
                                                                                           Article 12
(b)   the person concerned provides the competent                Where fraud is suspected or there is doubt as to the
                                                                 identity of a product, the competent authority shall carry
      authority with evidence that the first third country
                                                                 out any checks it deems appropriate.
      to which the product is to be forwarded after
      transit across the territory defined in the Annex
      hereto undertakes not to re-consign the goods to
      the Community under any circumstances;                                               Article 13
                                                                 1.     Where the checks referred to in this Regulation
                                                                 show the competent authority that the product does not
(c)   transport in the territory defined in the Annex must
                                                                 satisfy the requirements laid down in the Community
      take place under the Community transit system
                                                                 rules or national rules in matters which have not yet been
      (external procedure) or another customs transit
                                                                 the subject of Community harmonization, or where such
      system provided for in Community rules.
                                                                 checks reveal an irregularity, the competent authority,
                                                                 after consultation with the importer or his representative,
                                                                 shall decide either:
3.    Detailed rules for the application of this Article
shall be adopted, where necessary, in accordance with
the procedure laid down in Article 22.                           — to re-dispatch the consignment outside the territory
                                                                     defined in the Annex, or
                         Article 10
                                                                 — to destroy the consignment.
1.    The competent authority shall carry out an identity
check and, where appropriate, a physical check on
products for which the customs destination is other than
as provided for in Articles 4, 5, 8 and 9.                       0) OJ No L 302, 31. 12. 1972, p. 28.
 ---pagebreak---  6. 10. 90                            Official Journal of the European Communities                              No C 252/17
 2.    Derogations from paragraph 1 may be provided for          2.   Decision to modify, cancel or prolong measures
 in specific Community rules, or in accordance with the          decided by virtue of Article 14(1) shall be taken in
 procedure laid clown in Article 22, in particular               accordance with the procedure laid down in Article 21.
 permitting the use of products for purposes other than
 human consumption. In the context of such derogations,
 conditions shall be adopted with regard to the use of the                                Article 16
 products concerned in accordance with the same
                                                                 Detailed rules for the application of this Chapter shall be
 procedure.
                                                                 adopted, where necessary, in accordance with the
                                                                procedure laid down in Article 22.
 3.    Costs incurred in the process of re-dispatching or
 destroying the consignment or using the product for
 other purposes shall be charged to the importer or his                                 CHAPTER III
 representative.
                                                                                          Inspection
 4.    Detailed rules for the application of this Article                                 Article 17
 shall be adopted, where necessary, in accordance with
 the procedure laid down in Article 22.                          1.   Veterinary experts from the Commission shall, in
                                                                collaboration with the competent authorities, check that
                                                                the inspection posts approved in accordance with Article
 5.    Provisions concerning the communication of infor-        6 (5) satisfy the guidelines adopted in accordance with
mation to the Member States will be adopted in the              paragraph 4 of that Article.
context of the programme for developing the computeri-
zation of veterinary procedures in respect of imports
                                                                2.    Veterinary experts from the Commission may, in
 (Shift project).
                                                                collaboration with the competent authorities, make
                                                                on-the-spot checks.
6.     The competent authorities shall, where appropriate,
communicate to the Commission and the other Member
                                                                3.    A Member State in whose territory an inspection is
 States any information at their disposal in accordance
                                                                made shall provide the veterinary experts from the
with Council Directive 89/608/EEC (').
                                                                Commission with any assistance they may require in the
                                                                performance of their tasks.
                         CHAPTER II
                                                                4.    The Commission shall inform the Member States of
                    Safeguard provisions                        the outcome of the checks.
                          Article 14                            5.    Where the Commission deems that the outcome of
 1.    If, in the territory of a third country, a disease       the checks so justifies, it shall review the situation within
referred to by Council Directive 82/894/EEC (2), a              the committee referred to in Article 20. It may adopt the
zoonosis, a disease or other cause liable to present a          necessary decisions in accordance with the procedure
serious threat to animal or public health breaks out or         laid down in Article 22.
spreads, or if any other serious animal health or public
health reason so warrants, the Commission may, as a             6.    The Commission shall monitor developments and,
protective measure, prohibit imports or apply special           in accordance with the procedure laid down in Article
conditions to imports of products originating directly or       22, amend or repeal, in the light of the developments,
indirectly from the third country concerned or part of          the decisions referred to in paragraph 5.
the territory thereof.
                                                                7.    Detailed rules for the application of this Article
2.     Representatives of the Commission may make an            shall be adopted, where necessary, in accordance with
immediate visit to the third country concerned.                 the procedure laid down in Article 22.
                          Article 15                                                      Article 18
 1.    Without delay the Commission shall review the            1.    Where, on the basis of the checks carried out at the
situation within the committee referred to in Article 20.       point where the products are marketed, a competent
It may adopt the necessary decisions in accordance with         authority of a Member State considers that this Regu-
the procedure laid down in Article 21, including those          lation is not being complied with at an inspection post or
relating to intra-Community movements of products.              at a point of arrival in another Member State, it shall
                                                                contact the competent central authority of that Member
                                                                State without delay. The latter shall take all the
                                                                necessary measures and inform the competent authority
(') OJ No L 351, 2. 12. 1989, p. 34.                            of the first Member State of the decisions taken and the
(2) OJ No L 378, 31. 12. 1982, p. 58.                           reasons for such decisions.
 ---pagebreak---  No C 252/18                          Official Journal of the European Communities                                  6. 10. 90
 2.    If the competent authority of the first Member            3.    Member States shall take the necessary measures to
 State believes the measures are insufficient it shall           allow implementation of the programmes resulting from
 examine, with the competent authority of the Member             the coordination referred to in paragraph 2.
 State in question, the ways and means in which the
 situation could be rectified, where necessary by visiting
 the Member State in question.                                   4.    Each year, in the committee referred to in Article
                                                                 20, the implementation of programmes shall be reviewed
                                                                 on the basis of reports drawn up by the Member States.
 3.    Where the checks referred to in paragraph 1 show
 repeated non-compliance with this Regulation, the
 competent authority of the Member State of destination
                                                                 5.    Member States shall take into account the
 shall inform the Commission and the competent auth-
                                                                 experience gained in order to improve and develop the
 orities of the other Member States.
                                                                 programme of exchanges.
 4.    The Commission may, at the request of the
 competent authority of the Member State of destination          6.    A financial contribution from the Community may
 or on its own initiative, and taking account of the type        be granted in order to promote the efficient development
 of infringements ascertained:                                   of exchange programmes. Detailed rules for the
                                                                 Community's financial contribution and the estimated
                                                                 amount to be charged to the Community budget will be
 — send an inspection team to the Member State in                laid down in Council Decision 90/424/EEC [concerning
     question,                                                   certain expenditure in the veterinary field] (').
— instruct an official veterinarian, whose name must be
     on a list to be drawn up by the Commission on the           7.    Detailed rules for the application of paragraphs 1, 4
     basis of proposals from the Member States and who           and 5 shall be adopted, where necessary, in accordance
     must be acceptable to all the parties involved, to         with the procedure laid down in Article 22.
     verify the facts at the inspection post or point of
     entry in question,
                                                                                        CHAPTER VI
— request the competent authority to increase the
     checks carried out at the inspection post or point of                           General provisions
     entry in question.                                                                   Article 20
                                                                The Commission shall be assisted by the Standing
 5.    The Commission shall inform the Member States of         Veterinary Committee, set up by Council Decision
its conclusions. Where it deems it necessary, it shall          68/361/EEC (2), hereinafter referred to as 'the
review the situation within the committee referred to in        Committee'.
Article 20. It may adopt the necessary decisions in
accordance with the procedure laid down in Article 22.
                                                                                          Article 21
6.     The Commission shall monitor developments and,
in accordance with the procedure laid down in Article           Where the procedure laid down in this Article is to be
22, amend or repeal, in the light of the developments,          followed, the following provisions shall apply:
the decisions referred to in paragraph 5.
                                                                The representative of the Commission shall submit to the
7.     Detailed rules for the application of this Article       Committee a draft of the measures to be taken. The
shall be adopted, where necessary, in accordance with           Committee shall deliver its opinion on the draft within a
the procedure laid down in Article 22.                          time limit of two days. The opinion shall be delivered by
                                                                the majority laid down in Article 148 (2) of the Treaty in
                                                                the case of decisions which the Council is required to
                         Article 19                             adopt on a proposal from the Commission. The votes of
                                                                the representatives of the Member States within the
1.     Each Member State shall draw up a programme for          Committee shall be weighted in the manner set out in
the exchange of officials empowered to carry out the            that Article. The chairman shall not vote.
checks on products originating in third countries.
2.     The Commission and the Member States shall
coordinate the programmes referred to in paragraph 1            (') OJ No L 224, 18. 8. 1990, p. 19.
within the committee referred to in Article 20.                 O OJ No L 255, 18. 10. 1968, p. 23.
 ---pagebreak--- 6. 10. 90                              Official Journal of the European Communities                           No C 252/19
The Commission shall adopt the measures envisaged if                 '1.     Member States shall ensure that, during the
they are in accordance with the opinion of the                       checks carried out at the places where products from
Committee.                                                           a third country may be brought into the Community,
                                                                     such as ports, airports and frontier posts with third
If the measures envisaged are not in accordance with the             countries,
opinion of the Committee, or if no opinion is delivered,
the Commission shall without delay submit to the                     (a) a documentary check is made on the products'
Council a proposal relating to the measures to be taken.                  origin;
The Council shall act by a qualified majority.
                                                                     (b) products originating in the Community are
If, on the expiry of a period of 15 days from the date of                 subject to the rules on checks provided for in
referral to the Council, the Council has not acted, the                   Article 5;
proposed measures shall be adopted by the Commission.
                                                                     (c) products from third countries are subject to the
                          Article 22                                      rules laid down in Council Regulation (EEC) No
                                                                          • • • C).
Where the procedure laid down in this Article is to be
followed, 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            (•) OJ No L ....,    ,p      '
time limit which the chairman may lay down according
to the urgency of the matter, if necessary by taking a           2. Article 22 is replaced by the following:
vote.
                                                                      Article 22
The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right to ask             The Member States shall bring into force the laws,
to have its position recorded in the minutes.                        regulations and administrative provisions necessary to
                                                                     comply with this Directive not later than 1 July 1991.
The Commission shall take the utmost account of the                 They shall inform           the Commission      thereof
opinion delivered by the Committee. It shall inform the              immediately.
Committee of the manner in which its opinion has been
taken into account.                                                 The provisions      adopted pursuant to the first
                                                                    paragraph shall     make express reference to this
                                                                     Directive.
                          Article 23
The Annex shall be amended in accordance with the                    However, Greece shall have a further period of one
procedure laid down in Article 22.                                  year within which to comply therewith.'
                          Article 24                                                      Article 26
This Regulation shall be without prejudice to obligations        This Regulation shall enter into force on the thirtieth
arising from customs rules.                                      day following that of its publication in the Official
                                                                 Journal of the European Communities.
                          Article 25
                                                                 It shall apply from 1 July 1991.
Directive 89/662/EEC is hereby amended as follows:
                                                                 This Regulation shall be binding in its entirety and
1. Article 6 (1) is replaced by the following:                   directly applicable in all Member States.
 ---pagebreak--- ^oC^^O                             C^^ic^l]o^rn^lo^rh^Euroo^nC^Omrriunin^                                     oIO^O
         t The territory of the Kingdom of Belgium
        2 The territory of the Kingdom of Denmark with the exception of the Earoe Islands and Greenland
        3 The German territories in which the Treaty establishing the European Economic Community is
           applicable
        4 The territory of the Kingdom of Spain, with the exception of the Canary Islands, Ceuta and ^telilla
        ^ The territory of the Elellemc republic
        ^ The territory of the Erench republic in Europe
        B^ The territory of Ireland
        ^ The territory of the Italian republic
        ^ The territory of the Grand Duchy of Luxembourg
       tO The territory of the Kingdom of the Netherlands in Europe
       tt  The territory of the Portuguese republic
       t2 The territory of the OnitedKindom of Great Britain and northern Ireland