CELEX: 51991PC0075
Language: en
Date: 1991-03-15
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN THE PRINCIPLES GOVERNING THE ORGANIZATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD COUNTRIES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0MC91) 75 final
                                             Brussels, 15 March 1991
                           Proposal for a
                      COUNCIL REGULATION (EEC)
     laying down the principles governing the organization of
       veterinary checks on animals entering the Community
                        from third countries
                   (presented by the Commission)
 ---pagebreak---                                            - 2 -
                                EXPLANATORY MEMORANDUM
When   the  Council    adopted   Directive     90/425/EEC      concerning    veterinary    and
zootechnical    checks   applicable     in   intra-Community       trade   in  certain    live
animals and products with a view to the completion of the internal market* 1 ),
 it  undertook   in   particular    to   fix,   before     1 January     1991,   the   general
principles applicable      to veterinary      checks on animals        imported    from  third
countries.
 It  is  all   the   more   necessary     to   fix    common    principles    governing    the
organisation of checks and the movement           inside the Community of animals from
third countries given that internal border checks are to be abolished.
The proposal adopts the following general principles :
 In all cases, a documentary check must be carried out on arrival                in Community
territory.    Then, an identity check and a physical check must be carried out
at an inspection post located in the immediate vicinity of the point of entry.
After   these  checks,    the  animals    shall    be   subject    to  the   same   system  as
Community animals.
 In addition to the general principles, the proposal provides for the approval
and checking of     inspection posts, the placing          in quarantine of animals, the
organization    of   follow-ups    to    the   checks,     the   settlement    of    disputes,
programmes for exchanges between officials and special cases.
A general system of safeguards is proposed.             It is for the Commission to take
the   necessary   protection   measures.     The    situation     is reviewed     as  soon  as
possible within the Standing Veterinary Committee and the necessary decisions
are adopted    by the Commission       in accordance with        the so-called      regulatory
committee procedure (Formula 3.A.).
(1)   OJ No L 224,    18.8.1990, p. 29
 ---pagebreak---                                            - 3 -
                                      Proposal for a
                                 COUNCIL REGULATION (EEC)
             laying down the principles governing the organization of
                veterinary checks on animals entering the Community
                                   from third countries
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,
Having regard to the opinion of the Economic and Social Committee,
Whereas live animals are listed in Annex II to the Treaty;
Whereas   the    laying   down   at  Community   level   of   principles   governing    the
organization of veterinary checks on animals from third countries helps to
guarantee   security     of    supply   and  market    stability,    at  the   same    time
harmonizing    the measures necessary       to ensure the protection of        animal   and
pub Iic health;
Whereas Article 23 of Council Directive 90/425/EEC of 26 June 1990 concerning
veterinary    and   zootechnical    checks  applicable    in   intra-Community    trade  in
certain   live animals      and   products  with  a  view    to  the  completion    of  the
internal   market^)      provides,    in  particular,    that   the  Council    must   fix,
before 1 January 1991, the rules and general principles applicable to checks
on imports from third countries of animals covered by the said Directive;
(1)   0J No L 224, 18.8.1990, p. 29.
 ---pagebreak---                                         - 4
Whereas each consignment of animals from third countries must be subjected to
documentary checks on entering the Community;
Whereas principles valid throughout the Community should be fixed concerning
the organization and fol low-up of physical and identity checks to be carried
out by the competent authorities;
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   places   concerned   and  adopting   appropriate  measures   to   rectify  the
situât ion;
Whereas, if the system of checks       is to function smoothly,    inspection posts
must be checked and exchanges should take place between officials empowered to
carry out checks on live animals originating in third countries-,
Whereas the    laying down at Community    level of common principles     is all the
more necessary given that border controls are to be abolished in view of the
completion of the internal market;
Whereas the task of adopting measures for the application of this Regulation
should be entrusted to the Commission,
HAS ADOPTED THIS REGULATION:
                                      CHAPTER I
                                 GENERAL PROVISIONS
                                      Article 1
1. Without   prejudice to special    provisions arising from specific Community
    rules, Member    States  shall  carry   out veterinary  checks   in  respect  of
    animals entering the Community from third countries in accordance with this
    Régulât ion.
 ---pagebreak---                                      - 5 -
2. This Regulation shall be without prejudice to the continued application of
   veterinary requirements in respect of the animals concerned, where such
   requirements arise from Community rules or from national rules which have
   not yet been harmonized at Community level.
                                   Article 2
1. For  the purposes of   this Regulation, the definitions    in Article 2 of
   Directive 90/425/EEC shall apply.
2. In add it ion :
   (a) documentary check means verification of the documents accompanying an
        animal which is itself not subjected to any check;
   (b)   identity check means verification, by visual inspection only, of the
        correspondence between the documents and an animal which is itself not
        subjected to any physical check;
   (c) physical check means a check of the animal itself, possibly including
        sampling and laboratory testing and, where applicable, the placing in
        quarantine and the tests carried out during quarantine.
 ---pagebreak---                                            - 6 -
                                        CHAPTER I»
                          ORGANIZATION AND EFFECTS OF CHECKS
                                         Article 3
1. Each consignment of animals from a third country shall be subjected to a
   documentary check by the competent authorities irrespective of the customs
   destination of the animals.
2. The documentary check shall         be carried out on entry       into the territory
   def ined in Annex I.
3. Detailed    rules for application of        this Article shall     be adopted, where
   necessary, in accordance with the procedure laid down in Article 21.
                                         Article 4
1. Animals    shall   be   conveyed   directly, under    customs   supervision,   to the
    inspection    post   referred   to  in Article    5, or, where     applicable, to a
   quarantine centre referred to in Article 6.            Each consignment of animals
   shall be subjected to an identity check and a physical check.             The identity
   check   and   the physical     check   shall  be based    on  random   sampling using
   methods adopted in accordance with paragraph 3.
2. However, by way of derogation from paragraph 1, for animals entering a port
   or an airport      in the territory defined       in Annex   I, these checks may be
   carried out at the port or airport of destination, provided that such port
   or airport has an inspection post as referred to in Article 5, and that the
   animals are transported, 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   inform    the  official
   veterinarian at the inspection post of the Member State of destination that
   the animals have passed through.
 ---pagebreak---                                      - 7 -
3. Detailed rules for the application of paragraph 1 shall bô adoptee*       m
   accordance with the procedure laid down in Article 21.
                                   Article 5
1. The   inspection post  referred   to  in Article   4(1)  must  satisfy  the
   requirements of this Article.
2. The inspection post must be located in the immediate vicinity of the point
   of entry into the territory defined in Annex I. In the case of animals
   entering the Community by rail or by road, however, where geographical
   conditions so warrant and where a Member State so requests and provides the
   necessary justification, a derogation may be granted in accordance with the
   procedure laid down in Article 21.
3. The inspection post must be subject to the authority of an official
   veterinarian, who shall be effectively responsible for the checks. The
   official veterinarian may be assisted in the performance of purely material
   duties by assistants specially trained for the purpose. The procedures for
   such assistance shall be adopted in accordance with the procedure laid down
    in Article 21.
4. The general approval conditions for the inspection posts are laid down in
   Annex II. The Commission, in accordance with the procedure laid down in
   Article 21, shall adopt the special approval conditions applicable to the
   different animal species.
5. The Commission shall approve the inspection posts in accordance with the
   procedure laid down in Article 21.
 ---pagebreak---                                        - 8 -
                                     Article 6
1. In cases where Community or national rules, in areas which have not been
   the subject of harmonization and in compliance with the general rules of
   the Treaty, provide for live animals to be placed in quarantine, or where
   the official veterinarian in charge of the inspection post so decides, such
   quarantine   shall  take   place  on   the  holding of  destination  or  at  a
   quarantine centre.
2. The general   approval  conditions for quarantine centres are    laid down in
   Annex III.   The Commission, in accordance with the procedure laid down in
   Article 21, shall adopt the special approval conditions applicable to the
   different animal species.
3. The Commission shall approve the quarantine centres in accordance with the
   procedure laid down in Article 21.
                                     Article 7
1. Where the checks referred to in Articles 3 and 4 show that the veterinary
   conditions for importation have actually been complied with and that there
    is no danger   to public or    animal  health, the official  veterinarian  in
   charge of the inspection post referred to in Article 5 shall:
   -   provide  the person concerned    with  an authenticated  copy or,   if the
       consignment  of  goods   is split, copies of    the original  certificates
       relating to the animals;
 ---pagebreak---                                           - 9-
   -   issue a certificate showing that the checks referred to in Artier            4
      have been carried out;
   -   keep the original certificate or certificates relating to the animals.
2. Detailed rules for the application of paragraph 1 shall be adopted              in
   accordance with the procedure laid down in Article 21.
3. Intra-Community trade in animals as referred to in paragraph 1 shall be
   conducted in accordance with the rules laid down in Directive 90/425/EEC.
                                        Article 8
1. This Article shall apply in respect of animals to be transported from one
   third country to another.
2. Transport   as   referred   to   in paragraph  1 shaH   be   authorized    by  the
   competent authority subject to the following conditions:
   (a)   the  check    referred   to   in Article  3 has  been   carried   out   with
         satisfactory    findings for the competent   authority.    Where   fraud  is
         suspected, the said authority may carry out all appropriate veterinary
         checks, and decide in particular that the animals must be brought to
         the inspection post for being submitted to the necessary checks.
   (b)   the person concerned provides the competent authority with proof that
         the first third country to which the animals are to be forwarded after
         transit across the Community territory defined in Annex       I undertakes
         not   to    re-consign    the    animals to  the   Community    under    any
         circumstances;
 ---pagebreak---                                          - 10 -
   (c)  transport   in the territory defined in Annex         I takes place under the
        Community    transit    system   (external    procedure) or    another    customs
        transit system provided for in Community rules.
3. The competent    authority    shall    inform   the competent   authorities of      the
   Member States of transit that the animals have passed through.
4. Detailed rules for the application of this Article shall be adopted, where
   necessary, in accordance with the procedure laid down in Article 21.
                                        Article 9
   Where fraud is suspected or there is doubt as to the identity of animals,
   the competent authority shall carry out any checks it deems appropriate.
                                       Article 10
1. Where   the  checks    referred    to   in  this   Regulation   show   the   competent
   authority that the animals do not satisfy the requirements laid down in the
   Community rules or national rules in matters which have not yet been the
   subject of Community harmonization, or where such checks reveal that there
    is a risk    to public or      animal   health, the coapetent      authority,    after
   consultation with the importer or his representative, shall decide either:
    (a)  to take steps to house, if necessary in a quarantine centre, and to
         provide   appropriate     care   for   the   animals  until    the   problem   is
         resolved, or
    (b)  to order their re-exportation outside the territory defined in Annex I
         to the third country of origin after they have been adequately rested,
         fed and watered, in accordance with the instructions of the official
         veterinarian;     in  this   case,    the   veterinarian   in   charge   of   the
         inspection    post   shall   inform    the  other   inspection   posts    in  the
         Community that importation has been refused; or
 ---pagebreak---                                        - 11 -
    (c) to take steps to slaughter and/or destroy the animals.
    Costs incurred pursuant to this paragraph shall be charged to the importer
   or his representative and shall have no financial implications for the
   Member State concerned.
2. Detailed rules for the application of this Article shall be adopted, where
   necessary, in accordance with the procedure laid down in Article 21.
3. The competent authorities shall, where appropriate,             communicate any
    information    at    their    disposal           in accordance  with    Council
                          2
   ©irective 89/608/E€C( >.
                                    Article 11
Derogations to the requirements of this Chapter may be granted, in accordance
with the procedure laid down in Article 21, in particular in respect of
animals accompanying travellers.
                                    CHAPTER H i
                               SAfEWAffl» PROVISIONS
                                     A r t i c l e 12
 T. If, in the territory of a third country, a disease referred to in Council
    Directive 82/894/EEC (3) , a zoonosis, a disease or other cause liable to
    present a serious threat to animal or public health breaks out or spreads,
    or if any other serious animal health or public health reason so warrants,
     the Commission may, as a protective measure, prohibit imports or apply
    special conditions to imports of animals originating directly or indirectly
     in the third country concerned or part of the territory thereof.
 (2) OJ No L 351, 2.12.1989, p. 34.
 (3) OJ No L 378, 31.12.1982, p. 58.
 ---pagebreak---                                         - 12 -
2. Representatives of the Commission may make an immediate visit to the third
   country concerned.
                                     Article 13
1. Without   delay   the   Commission   shall   review  the  situation   within  the
   committee referred to in Article 19.       It may adopt the necessary decisions
   in accordance with the procedure laid down in Article 20, including those
   relating to intra-Community movements of animals.
2. Decisions   to modify,     revoke or   prolong measures   decided  by   virtue of
   Article 12, paragraph 1, shall be taken in accordance with the procedure
    laid down i n Ar t i cIe 20.
                                      Article 14
Detailed rules for the application of this Chapter shall be adopted, where
necessary, in accordance with the procedure laid down in Article 21.
                                      CHAPTER IV
                                      INSPECTION
                                      Article 15
1. Veterinary experts from the Commission shall, in col laborat ion with the
   competent authorities, check that
    (a)  the inspection posts approved in accordance with Article 5(5) satisfy
         the conditions for approval;
    (b)  the  quarantine     centres  approved    in accordance  with   Article 6(3)
         satisfy the conditions for approval.
2. Veterinary   experts    from  the Commission may,     in collaboration with    the
   competent authorities, make on-the-spot checks.
 ---pagebreak---                                            - 13 -
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 the checks so justifies, it
   shall review the situation within the committee referred to in Article 19.
    It may adopt the necessary decisions in accordance with the procedure laid
   down in Article 21.
6. The   Commission     shall   monitor   developments   and,   in accordance   with  the
   procedure     laid down    in Article 21, amend or revoke, in the        light of the
   developments, the decisions referred to in paragraph 5.
7. Detailed rules for the application of this Article shall be adopted, where
    necessary, in accordance with the procedure laid down in Article 21.
                                         Article 16
1. Where, on the basis of the checks carried out at the point of destination
    of the animals, a competent authority of a Member State considers that this
    Regulation    is not being complied with at an inspection post, a quarantine
    centre or a point of arrival          in another Member State, it shall, without
    delay,    contact the competent central authority of that Member State.           The
     latter   shall   take   all  the necessary    measures   and  inform  the  competent
    authority of the first Member State of the decisions taken and the reasons
     for such decisions.
 2. 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 in which the situation can be rectified,
    where necessary by visiting the Member State in question.
 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 shall      inform the Commission and the competent       authorities of
     the other Member States.
 ---pagebreak---                                           14 -
4. The Commission may, at the request of the competent authority of the Member
   State of destination or on its own initiative, and taking account of the
   type of infringements ascertained:
   -   send an inspection team to the Member State in question,
       instruct an official veterinarian, whose name must be on a list to be
       drawn up by the Commission on the basis of suggestions from the Member
       States and who must be acceptable to all the parties involved, to verify
       the facts at the inspection post, quarantine centre or point of arrival
       in quest ion,
   -   request the competent authority to increase the checks carried out at
       the inspection post, quarantine centre or point of arrival in question.
5. The Commission shall inform the Member States of its conclusions.           Where it
   deems   it necessary,   it shall   review the situation within       the committee
   referred   to   in Article   19.   It may    adopt   the  necessary   decisions   in
   accordance with the procedure laid down in Article 21.
6. The Commission    shall   monitor  developments    and,   in accordance    with  the
   procedure   laid down in Article 21, amend or revoke, in the           light of the
   developments, the decisions referred to in paragraph 5.
7. Detailed rules for the application of this Article shall be adopted, where
   necessary, in accordance with the procedure laid down in Article 21.
                                      CHAPTER V
                                 GENERAL PROVISIONS
                                     Article 17
1. Each Member State shall draw up a programme for the exchange of officials
   empowered    to  carry   out  the   checks   on   animals   originating    in  third
   countries.
2. The   Commission   and  the Member    States   shall   coordinate   the   programmes
   referred to in paragraph 1 within the committee referred to in Article 19.
 ---pagebreak---                                            15 -
3. Member States shall take the necessary measures to allow implementation of
   the programmes resulting from the coordination referred to in paragraph 2.
4. Each year, in the committee referred to in Article 19, the implementation
   of programmes    shall   be reviewed on the basis of       reports by    the Member
   States.
5. Member States shall take       into account the experience gained      in order to
    improve and develop the programmes of exchanges.
6. A financial    contribution from the Community may be granted          in order  to
   promote the efficient development of exchange programmes.           Detailed rules
   for the Community's financial contribution and the estimated amount to be
   charged     to   the     Community    budget   are    laid     down    in   Council
                          4
   Decision 90/424/EEC< >.
7. Detailed   rules for    the application    of paragraphs    1, 4 and    5 shall  be
   adopted, where necessary,       in accordance with the procedure      laid down in
   Article 21.
                                      Article 18
1. Article   20(1) of   Directive    90/425/EEC  shall  apply    to  the  exchange  of
    information to be carried out under this Regulation.
2. The third paragraph of Article 21 of Directive 90/425/EEC shall apply to
   the measures necessary      for the computerization of the statements of the
   conditions applicable to the admission of animals to the territory of the
   Community.
(4)   OJ No L 224, 18.8.1990, p. 19
 ---pagebreak---                                       - 16
                                    Article 19
The Commission shall be assisted by the Standing Veterinary Committee, set up
by   Council    Decision   68/361/EEC^5^,   hereinafter    referred   to   as   "the
Committee".
                                    Article 20
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 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 adopt on a proposal from the Commission.        The
votes of the representatives of the Member States within the Committee shall
be weighted    in the manner set out   in that Article.     The chairman shall not
vote.
The Commission shall adopt the measures envisaged       if they are   in accordance
with the opinion of the Committee.
 If the measures    envisaged  are not   in accordance   with  the opinion of    the
Committee, or if no opinion is delivered, the Commission shall without delay
submit to the Council a proposal     relating to the measures to be taken.       The
Council shall act by a qualified majority.
 If, on the expiry of a period of 15 days from the date of referral           to the
Council, the Council has not acted, the proposed measures shall be adopted by
the Commission.
                                    Article 21
Where the procedure laid down in this Article is to be followed, the following
provisions shall apply:
(5)   OJ No L 255, 18.10.1968, p. 23.
 ---pagebreak---                                          - 17 -
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 which 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 22
The Annexes shall     be amended   in accordance with    the procedure    laid down  in
Article 21.
                                      Article 23
This Regulation shall be without prejudice to obligations arising from customs
rules.
                                      Article 24
Directive 90/425/EEC is hereby amended as follows :
1. Article 7 is replaced by the following :
                                       "Article 7
   1. Member   States shall ensure     that during   the checks carried out      at the
       places where    animals or   animal  products   from  a  third  country  pay  be
       brought   into the Community, such as ports, airports and frontier posts
       with third countries, the following measures are taken:
       (a) the certificates or documents relating to the animals and           products
           are checked;
 ---pagebreak---                                        - 18 -
       (b) Community animals and products shall be subject to the control rules
            laid down in Art icIe 5;
       (c) animals from third countries are subject to the rules laid down in
            Council Regulation (EEC) No       /90*.
   2. However, from 1 January 1993 and by way of derogation from paragraph 1,
       all   animals  and  products   transported   by   regular,  direct  means   of
       transport   linking  two geographical    points of   the Community   shall  be
       subject to the control rules laid down in Article 5.
       * OJ No L
2. Article 26 is replaced by the following :
                                     "Article 26
   Member     States  shall    bring   into   force   the   laws,   regulations   and
   administrative provisions necessary to comply with :
   (i)   Article 10 of this Directive and Article 9 of Directive 89/662/EEC,
          two months after the date of notification of this Directive-,
    (ii) the other provisions of this Directive, not later than 1 July 1991.
   However, the Hellenic Republic shall have an additional time limit of one
   year.
   When Member States adopt these provisions, these shall contain a reference
   to this Directive or shall be accompanied by such reference at the time of
   their    official  publication. The    procedure   for  this  reference  shall   be
   adopted by Member States."
 ---pagebreak---                                      - 19 -
                                  Article 25
This Regulation shall enter  into force on the thirtieth day following that of
its publication in the Official Journal of the European Communities.
It shall  apply  from 1 July 1991.   This Regulation  shall  be binding  in its
entirety and directly applicable in all Member States.
Done at Brussels,                                         For the Counci
                                                          The President
 ---pagebreak---                                      - 20 -
1. The territory of the Kingdom of Belgium.
2. The territory of the Kingdom of Denmark with the exception of the Faroe
    Islands and Greenland.
3. The territory of the Federal Republic of Germany.
4. The territory of the Kingdom of Spain, with the exception of the Canary
    Islands, Ceuta and Mel il la.
5. The territory of the Hellenic Republic.
6. The territory of the French Republic in Europe.
7. The territory of Ireland.
8. The territory of the Italian Republic.
9. The territory of the Grand Duchy of Luxembourg.
10.    The territory of the Kingdom of the Netherlands in Europe
11.    The territory of the Portuguese Republic.
12.    The   territory of  the United  Kingdom of  Great  Britain and Northern
        Ireland.
 ---pagebreak---                                         21 -
                                     ANNEX
            GENERAL CONDITIONS FOR THE APPROVAL OF INSPECTION POSTS
Inspection posts must have :
(1)   enough adequately trained staff to care for the animals arriving at the
      post;
(2)   adequate facilities for    loading and unloading the different     means of
      transport arriving at the post;
(3)   facilities   (which  must  be   easy   to  clean   and  disinfect)  for  the
      reception,   inspection,  feeding    and  watering   of  the  animals,  with
      adequate space, lighting and ventilation and drainage for the type and
      number of animals to be housed;
(4)   separate facilities for the housing of animals which are sick, wounded
      or in need of special treatment;
(5)   suitable facilities for the staff, including changing rooms, toilets,
      basins, showers and equipment for the cleaning and disinfecting of boots
      and other protective clothing;
 (6)  offices reserved for the competent authority-, such offices must be of an
      adequate size and lockable;
 (7)   an adequate system for the disposal of waste materials and dead animals-,
 (8)   adequate facilities for the slaughter of animals;
 (9)   facilities required for the implementation of the information transfer
       system provided for in this Regulation.
 ---pagebreak---                                      - 22 -
           GENERAL CONDITIONS FOR THE APPROVAL OF QUARANTINE CENTRES
1. The requirements of Annex II, points 1 to 8 shall apply.
2. In addition, the quarantine centres must :
   -  be    placed   under  permanent   veterinary    control   and  under   the
      responsibility of an 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  an  adequate
      surveillance of the animals.
 ---pagebreak---                                                     2l
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