CELEX: 51991FC0496
Language: en
Date: 2007-01-17
Title: Proposal for a Council Directive …/…/EC of […] laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(200.) XXX

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

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

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

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

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

3.    The Conclusions of the Presidency of the Edinburgh European  Council  (December  1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

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

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

4.    The purpose of this proposal is to undertake a codification of 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[3]. The new Directive will supersede the various acts incorporated in it[4]; this proposal fully  preserves  the
       content of the acts being codified and hence does no more than bringing them together with only such formal amendments as are required  by
       the codification exercise itself.

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

                                            ê 91/496/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 37 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê .

   1) Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering
      the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC[7] has been substantially amended  several
      times[8]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 91/496/EEC recital 1

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

                                            ê 91/496/EEC recital 2

   3) Laying down principles at Community level on the organization of veterinary  checks  on  animals  coming  from  third  countries  helps  to
      safeguard supplies and ensure market stability while also harmonizing the measures necessary to ensure the protection of animal health.

                                            ê 91/496/EEC

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

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

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

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

                                            ê 91/496/EEC (adapted)

   8) The laying down of common principles at Community level is all the more necessary given that, with the completion of the internal market  ,
      internal border controls Ö have been Õ abolished.

                                            ê 91/496/EEC recital 11 (adapted)

   9) Ö The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[9]. Õ

                                            ê .

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

                                            ê 91/496/EEC (adapted)

HAS ADOPTED THIS DIRECTIVE:

                                                                  Ö CHAPTER I Õ

                                                            Ö Scope and definitions Õ

                                            ê 91/496/EEC

                                                                    Article 1

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

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

                                                                    Article 2

1. For the purposes of this Directive, the definitions contained in Article 2 of Council Directive 90/425/EEC[10] shall apply as necessary.

2. The following definitions shall also apply:

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

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

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

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

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

                                            ê 91/496/EEC (adapted)

(f)   ‘border inspection post’ means any inspection post located in the immediate vicinity of the external  border  of  one  of  the  territories
       referred to in Annex I to Council Directive 97/78/EC[11] and designated and approved in accordance with Article 6 Ö of this Directive Õ.

                                            ê 91/496/EEC

                                                                    CHAPTER II

                                                       Organization and follow-up of checks

                                                                    Article 3

1. Member States shall ensure that:

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

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

(c)   the animals may not leave such post or centre unless, without prejudice to the special provisions to be  adopted  in  accordance  with  the
       procedure referred to in Article 23(3), proof has been supplied:

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

                                            ê 91/496/EEC (adapted)

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

(d)   the customs authority does not authorize release for free circulation in the territories referred to  in  Annex  I  to  Directive  97/78/EC
       unless, without prejudice to the specific provisions to be adopted in accordance with the procedure referred to in Article 23(3) Ö of this
       Directive Õ, proof has been supplied that the requirements in (c) have been fulfilled.

                                            ê 91/496/EEC

2. Detailed rules for implementing this Article shall be adopted, as the need arises, in accordance with the procedure  referred  to  in  Article
23(3).

                                                                    Article 4

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

(a)   their origin;

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

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

                                            ê 92/438/EEC Art. 9 pt. 1

(d)   that no indication of rejection of the consignment has been given through the procedure specified in the first indent of  Article  1(1)  of
       Council Decision 92/438/EEC[12].

                                            ê 91/496/EEC

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

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

(b)   any laboratory tests which it is thought necessary should be carried out or which are provided for by Community rules;

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

                                            ê 91/628/EEC Art. 11(3)

(d)   verification of compliance with the requirements of Council Directive 91/628/EEC[13].

                                            ê 91/496/EEC

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

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

                                            ê 92/438/EEC Art. 9 pt. 2

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

                                            ê 91/496/EEC

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

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

                                            ê 91/496/EEC Art. 4(2)(a), 2nd subparagraph (adapted)

5. In accordance with the procedure referred to in Article 23(3), derogation may be made, subject to certain conditions and  in  accordance  with
rules to be established under the same procedure, from the principle of individual clinical examination, Ö as referred to in  paragraph  2(a)  of
this Article, Õ in respect of certain categories and species of animals.

                                            ê 91/496/EEC

6. The detailed rules for applying this Article, including those relating to the training and qualification of assistants, shall be  adopted,  as
the need arises, in accordance with the procedure referred to in Article 23(3).

                                                                    Article 5

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

(a)   animals of species in respect of which import rules have been harmonized  at  Community  level  come,  without  prejudice  to  the  special
       conditions provided for in Article 19 of Council Directive 90/426/EEC[14] , from a territory or part of a territory of a third country not
       included in the lists drawn up in accordance with Community rules for the species concerned or from which imports are prohibited  pursuant
       to a Community decision;

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

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

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

(e)   animals are not in a fit state to continue their journey;

(f)   the veterinary certificate or document accompanying animals does not meet the conditions set pursuant to Community rules  or,  where  rules
       have not been harmonized, the requirements provided for in the  national  rules  corresponding  to  the  various  cases  covered  by  this
       Directive.

The detailed rules for applying this Article shall be adopted in accordance with the procedure referred to in Article 23(3).

                                                                    Article 6

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

2. Border inspection posts must be:

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

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

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

                                            ê 91/496/EEC (adapted)

(c)   designated and approved in accordance with paragraphs 3 Ö and 4 Õ;

                                            ê 91/496/EEC
                                            è1 92/438/EEC Art. 9 pt. 3

(d)   placed under the authority of an official veterinarian, who shall be effectively responsible for the checks. The official veterinarian  may
       be assisted by specially trained auxiliary staff working under his direction. è1 The official veterinarian shall ensure that all  updating
       of the data bases indicated in the third indent of Article 1(1) of Decision 92/438/EEC is carried out. ç

                                            ê 91/496/EEC (adapted)

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

                                            ê 91/496/EEC

(a)   nature of the border inspection post:

       (i)  port;

       (ii) airport;

       (iii)      road checkpoint;

       (iv) rail checkpoint;

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

(c)   staff assigned to veterinary checks:

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

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

(d)   description of the equipment and premises available for carrying out:

       (i)  the documentary check;

       (ii) the physical check;

       (iii)      sampling;

       (iv) the general tests laid down in point (b) of the first subparagraph of Article 4(2);

       (v)  the specific tests ordered by the official veterinarian;

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

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

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

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

                                            ê 91/496/EEC (adapted)

The Commission shall submit to the Standing Committee on the Food Chain and Animal Health a report on the outcome of the inspection  referred  to
in the first subparagraph, together with proposals taking into account the conclusions of the report, with a view  to  establishing  a  Community
list of border inspection posts. That list shall be approved and subsequently updated in accordance with the procedure  referred  to  in  Article
23(2).

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

                                            ê 91/496/EEC

5. As the need arises, the Commission shall adopt any detailed rules required for implementing this Article  in  accordance  with  the  procedure
referred to in Article 23(3).

                                                                    Article 7

1. Where animals of species for which import rules have been harmonized at Community level are not to be placed on the market  in  the  territory
of the Member State which carried out the checks referred to in Article 4, the  official  veterinarian  of  the  border  inspection  post  shall,
without prejudice to the specific requirements applicable to equidae registered and accompanied by the identification document  provided  for  by
Council Directive 90/427/EEC[15]:

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

                                            ê 91/496/EEC (adapted)

(b)   issue a certificate Ö in conformity with Õ the model to be drawn up by the Commission in accordance  with  the  procedure  referred  to  in
       Article 23(3) attesting that the checks referred to in Article 4(1) and (2)(a), (b) and (d) have been carried out to the  satisfaction  of
       the official veterinarian, and specifying the nature of the samples that have been taken and the results of any laboratory tests, or  when
       those results are expected;

                                            ê 91/496/EEC

(c)   keep the original certificate or certificates accompanying the animals.

2. Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure referred to in Article 23(3).

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

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

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

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

                                                                    Article 8

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

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

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

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

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

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

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

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

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

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

      Member States shall inform the Commission and the representatives of the other Member States  meeting  in  the  Committee  referred  to  in
       Article 23(1), of cases of recourse to the solution set out in (ii).

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

(a)   they must have remained in the third country of dispatch at least during the periods provided for in the first subparagraph of  Article  10
       of Council Directive 72/462/EEC[16];

(b)   they must undergo the checks provided for in Article 4;

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

       (i)  either, without prejudice to specific requirements applicable to the third countries concerned in respect of diseases foreign to  the
           Community, complies with the animal health requirements applicable in trade in the species concerned as laid down in  the  Directives
           referred to in Annex A to Directive 90/425/EEC or with the animal health requirements laid down in Directive 72/462/EEC;

       (ii) or, in respect of one or more specific diseases, fulfils the conditions of equivalence recognized, in accordance with  the  procedure
           referred to in Article 23(3), on the basis of reciprocity, between the requirements of the third country and those of the Community;

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

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

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

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

5. Member States shall ensure that at the place of destination, animals for breeding and production shall remain under the  official  supervision
of the competent veterinary authorities. After an observation period to be determined in accordance with the procedure  referred  to  in  Article
23(3), the animals may enter intra-Community trade under the conditions laid down in Directive 90/425/EEC.

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

6. Detailed rules for the application of paragraphs 1 to 5 shall be adopted, as the need arises, in accordance with the procedure referred to  in
Article 23(3).

                                                                    Article 9

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 389

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

                                            ê 91/496/EEC

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

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

                                            ê 91/496/EEC (adapted)

(c)   the Ö checks Õ referred to in Article 4 Ö show Õ to the satisfaction of the veterinarian, if  applicable  after  the  animals  have  passed
       through a quarantine centre, that the animals fulfil the requirements of this Directive or, in the case of animals referred to in Annex  A
       to Directive 90/425/EEC, afford health guarantees recognized in accordance with the procedure referred to in Article  23(3)  as  being  at
       least equivalent to those requirements;

                                            ê 91/496/EEC
                                            è1 92/438/EEC Art. 9 pt. 4

(d)   the competent authority of the border inspection post notifies the fact that the animals have passed through to the  competent  authorities
       of the Member State or Member States of transit and of the border post of exit, by means of the information exchange system è1 referred to
       in Article 20 of Directive 90/425/EEC ç;

                                            ê 91/496/EEC (adapted)

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

                                            ê 91/496/EEC

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

                                                                    Article 10

                                            ê 91/496/EEC (adapted)

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

                                            ê 91/496/EEC

(a)   for disease other than foot-and-mouth disease, rabies and Newcastle disease, at a quarantine  centre  situated  in  the  third  country  of
       origin, provided that it has been approved by the procedure referred to in Article 23(2) and is regularly inspected  by  the  Commission's
       veterinary experts;

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

(c)   on the holding of destination.

Special safeguards to be complied with during transport between the quarantine centre farms of origin and of destination  and  border  inspection
posts and in the quarantine centres referred to in point (a) of the preceding subparagraph may be laid down  in  accordance  with  the  procedure
referred to in Article 23(3).

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

(a)   either at the border inspection post itself or in its immediate vicinity;

(b)   or on the holding of destination;

(c)   or at a quarantine centre situated in the vicinity of the holding of destination.

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

The special approval conditions applicable to the different animal species shall be adopted in accordance  with  the  procedure  referred  to  in
Article 23(3).

4. The procedure referred to in Article 23(2) shall be followed for the approval and subsequent  updating  of  the  list  of  quarantine  centres
referred to in paragraph 1(a) and (b) and paragraph 2(a). Quarantine centres shall be subject to the inspection provided for in Article 20.

The Commission shall publish the list of quarantine centres and any subsequent updates in the Official Journal of the European Union.

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

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

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

                                                                    Article 11

                                            ê 91/496/EEC (adapted)

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

                                            ê 91/496/EEC

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

                                                                    Article 12

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

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

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

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

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

                                            ê 92/438/EEC Art. 9 pt. 5

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

                                            ê 91/496/EEC

(b)   under arrangements to be defined in accordance with the procedure referred to in  Article  23(3),  cancel  the  veterinary  certificate  or
       document accompanying the rejected consignment.

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

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

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

The competent central authority shall inform the Commission of cases where recourse is had to these derogations in accordance with  paragraph  6.
The Commission shall keep the Committee referred to in Article 23(1) regularly informed of such cases.

                                            ê 91/496/EEC (adapted)

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

                                            ê 91/496/EEC

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

5. Detailed rules for the application of paragraphs 1 to 4 shall be adopted, as the need arises, in accordance with the procedure referred to  in
Article 23(3).

                                            ê 92/438/EEC Art. 9 pt. 7

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

                                            ê 91/496/EEC

7. The competent authorities shall, where appropriate, communicate any information  at  their  disposal  in  accordance  with  Council  Directive
89/608/EEC[17].

                                                                    Article 13

                                            ê 91/496/EEC (adapted)

In accordance with the procedure referred to in Article 23(3), the Commission shall, on the  basis  of  the  plans  referred  to  in  the  second
subparagraph Ö of this Article Õ, adopt the rules applicable to imports of animals for slaughter intended for local consumption and  of  breeding
or production animals in certain parts of the territories referred to  in  Annex  I  to  Directive  97/78/EC  to  take  account  of  the  natural
constraints specific to these territories, including their remoteness from the mainland part of Community territory.

                                            ê 91/496/EEC

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

                                                                    Article 14

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

The procedures for identifying or marking animals for slaughter shall be determined according to the procedure referred to in Article 23(3).

                                            ê 96/43/EC Art. 2(2)

                                                                    Article 15

Member States shall collect a fee for veterinary and health checks when the animals referred to in this Directive  are  imported,  in  accordance
with Council Directive 96/23/EC[18].

                                            ê 91/496/EEC (adapted)

                                                                    Article 16

Under the procedure referred to in Article 23(3) and on a reciprocal basis, less frequent identity checks and/or  physical  checks  may,  without
prejudice to controls to see that the welfare requirements during transport are being complied with, be applied under certain conditions.

                                            ê 91/496/EEC

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

(a)   the guarantees offered by the third country in question with respect to compliance  with  Community  requirements,  particularly  those  of
       Directives 72/462/EEC and 90/426/EEC;

(b)   the health situation of animals in the third country concerned;

(c)   information on the health situation in the third country;

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

(e)   structures and powers of the veterinary service;

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

(g)   outcome of the Community inspection visits;

(h)   outcome of the import controls carried out.

                                                                    Article 17

Rights of appeal existing under the laws in force in the Member States against decisions by the competent authorities shall not  be  affected  by
this Directive.

Decisions taken by the competent authority of the Member State of destination and the  reasons  for  such  decision  shall  be  notified  to  the
importer concerned by such decisions or his representative.

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

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 389 (adapted)

                                                                    Article 18

As regards the border with Romania, a special regime with Hungary shall apply Ö until 1 May  2007 Õ.  During  this  transitional  period  Hungary
shall apply the measures which Ö were laid down in Commission Decision 2004/253/EC[19] Õ.

Before Ö 1 May 2007 Õ, the situation shall be reviewed and the necessary measures shall be adopted according to  the  procedure  referred  to  in
Article 23(3).

                                            ê 91/496/EEC

                                                                   CHAPTER III

                                                               Safeguard provisions

                                                                    Article 19

1. If a disease referred to in Council Directive 82/894/EEC[20], a zoonosis or other disease or phenomenon liable to present a serious threat  to
animal or human health occurs or spreads in the territory of a third country, or if any other  serious  animal  health  reason  so  warrants,  in
particular in the light of the findings of its veterinary experts, the Commission may, acting on its own  initiative  or  at  the  request  of  a
Member State, adopt one of the following measures without delay and depending on the gravity of the situation:

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

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

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

(a)   it shall seize and destroy the consignment;

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

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

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

5. In the case where a Member State informs the Commission officially of the need to take safeguard measures and the Commission has  not  invoked
paragraphs 1 and 3 or made a referral to the Committee referred to in Article 23(1) in accordance with paragraph 6, that Member  State  may  take
interim protective measures in respect of the animals in question.

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

                                            ê 91/496/EEC (adapted)

6. Within 10 working days, the Committee referred to in Article 23(1) shall have the matter referred to it with  a  view  to  Ö decide  on Õ  the
extension, amendment or repeal of the measures provided for in paragraphs 1, 3 and 5 Ö of  this  Article Õ,  in  accordance  with  the  procedure
referred to in Article 23(2).

7. Decisions to extend, amend or repeal measures decided on pursuant to paragraphs 1,  2,  3  and  6  Ö of  this  Article Õ  shall  be  taken  in
accordance with the procedure referred to in Article 23(2).

                                            ê 91/496/EEC

8. Detailed rules for the application of this Chapter shall be adopted, where the need arises, in accordance with the procedure  referred  to  in
Article 23(3).

                                                                    CHAPTER IV

                                                                    Inspection

                                                                    Article 20

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

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

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

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

5. Where the Commission deems that the outcome of checks so justifies, it shall review the situation within the Committee referred to in  Article
23(1). It may adopt the necessary decisions in accordance with the procedure referred to in Article 23(2).

                                            ê 91/496/EEC (adapted)

6. The Commission shall monitor developments. In the light of such developments and in accordance with  the  procedure  referred  to  in  Article
23(2), it may amend or repeal the decisions referred to in paragraph 5 Ö of this Article Õ.

                                            ê 91/496/EEC

7. Detailed rules for the application of paragraphs 1 to 6 shall be adopted, where the need arises, in accordance with the procedure referred  to
in Article 23(3).

                                                                    Article 21

Where, on the basis of the checks carried out at the point where the animals are marketed, a competent authority  of  a  Member  State  considers
that this Directive is not being complied with at a border inspection post of another Member State,  it  shall  contact  the  competent  national
authority of that Member State without delay.

The latter shall take all the necessary measures and inform the competent authority of the first Member State of the nature of the  checks  made,
the decision taken and the reasons for such decisions.

If the competent authority of the first Member State believes the measures are insufficient it shall examine, with  the  competent  authority  of
the Member State in question, the ways and means in which the situation could be remedied, where  necessary  by  visiting  the  Member  State  in
question.

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

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

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

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

At the request of one of the two Member States concerned, and in accordance with the procedure referred  to  in  Article  23(2),  the  Commission
shall, where the irregularities are confirmed by the inspection referred to in the fifth  subparagraph,  take  the  appropriate  measures.  These
measures shall be confirmed or reviewed as soon as possible in accordance with the same procedure.

                                                                    Article 22

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

2. The Commission and the Member States shall coordinate the programmes referred to in paragraph 1 within the Committee referred  to  in  Article
23(1).

3. Member States shall take all the measures necessary to allow implementation of the programmes resulting from the coordination referred  to  in
paragraph 2.

4. Each year the implementation of programmes shall be reviewed in the Committee referred to in Article 23(1) on the basis of  reports  drawn  up
by the Member States.

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

6. A financial contribution from the Community may be granted in order to promote the efficient  development  of  exchange  programmes.  Detailed
rules for such contribution and the estimated amount to be charged to the general budget of the European Communities are  laid  down  in  Council
Decision 90/424/EEC[21].

7. Detailed rules for the application of paragraphs 1, 4 and 5 shall be adopted,  where  the  need  arises,  in  accordance  with  the  procedure
referred to in Article 23(3).

                                                                    CHAPTER V

                                                                General provisions

                                            ê 89/662/EEC Art. 17 (adapted) and 18 (adapted)

                                                                  Ö Article 23 Õ

Ö 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58  of  Regulation
(EC) No 178/2002[22], hereinafter referred to as “the Committee”. Õ

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

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

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

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

Ö 4. The Committee shall adopt its Rules of Procedure. Õ

                                            ê 91/496/EEC

                                                                    Article 24

The Annexes shall, where the need arises, be amended in accordance with the procedure referred to in Article 23(3).

                                                                    Article 25

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

                                            ê 91/496/EEC (adapted)

                                                                    Article 26

Member States may make use of the Community financial assistance provided for in Article 38 of Directive 90/424/EEC  for  the  implementation  of
this Directive, in particular for setting up networks for exchanges of information between veterinary services and border posts.

                                            ê .

                                                                    Article 27

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

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

                                                                    Article 28

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

                                            ê 91/496/EEC

                                                                    Article 29

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 91/496/EEC

                                                                     ANNEX I

                                          General conditions for the approval of border inspection posts

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

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

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

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

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

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

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

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

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

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

10)   equipment and facilities for cleaning and disinfecting.

                                                                  _____________

                                            ê 91/496/EEC

                                                                     ANNEX II

                                            General conditions for the approval of quarantine centres

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

2.    In addition, quarantine centres must:

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

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

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

                                                                  _____________

                                            é

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 27)

|Council Directive 91/496/EEC                                                |                                                              |
|(OJ L 268, 24.9.1991, p. 56)                                                |                                                              |
|Council Directive 91/628/EEC                                          |only Article 11(3) in its original wording                    |
|(OJ L 340, 11.12.1991, p. 17)                                         |                                                              |
|Council Decision 92/438/EEC                                           |only Article 9                                                |
|(OJ L 243, 25.8.1992, p. 27)                                          |                                                              |
|Council Directive 96/43/EC                                            |only Article 2(2)                                             |
|(OJ L 162, 1.7.1996, p. 1)                                            |                                                              |

                                                                      Part B

                                                             Non-repealed amendments

1994 Act of Accession

2003 Act of accession

                                                                      Part C

                                             List of time-limits for transposition into national law
                                                           (referred to in Article 27)

|Acts                                                                 |Time-limit for transposition                                         |
|91/496/EEC                                                           |1 December 1991[23]                                                  |
|                                                                     |1 July 199223                                                        |
|91/628/EEC                                                           |1 January 1993                                                       |
|92/438/EEC                                                           |-                                                                    |
|96/43/EC                                                             |1 July 1997                                                          |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 91/496/EEC                                                 |This Directive                                                       |
|_____                                                                |Chapter I                                                            |
|Articles 1 and 2                                                     |Articles 1 and 2                                                     |
|Chapter I                                                            |Chapter II                                                           |
|Article 3                                                            |Article 3                                                            |
|Article 4(1), introductory wording                                   |Article 4(1), introductory wording                                   |
|Article 4(1), first indent                                           |Article 4(1)(a)                                                      |
|Article 4(1), second indent                                          |Article 4(1)(b)                                                      |
|Article 4(1), third indent                                           |Article 4(1)(c)                                                      |
|Article 4(1), fourth indent                                          |Article 4(1)(d)                                                      |
|Article 4(2), first subparagraph, introductory wording               |Article 4(2), first subparagraph, introductory wording               |
|Article 4(2), first subparagraph, (a), first subparagraph            |Article 4(2)(a)                                                      |
|Article 4(2), first subparagraph, (a), second subparagraph           |Article 4(5)                                                         |
|Article 4(2), first subparagraph, (b)                                |Article 4(2), first subparagraph, (b)                                |
|Article 4(2), first subparagraph, (c)                                |Article 4(2), first subparagraph, (c)                                |
|Article 4(2), first subparagraph, (d)                                |Article 4(2), first subparagraph, (d)                                |
|Article 4(2), second subparagraph                                    |Article 4(2), second subparagraph                                    |
|Article 4(3) and (4)                                                 |Article 4(3) and (4)                                                 |
|Article 4(5)                                                         |Article 4(6)                                                         |
|Article 5                                                            |Article 5                                                            |
|Article 6(1) and (2)                                                 |Article 6(1) and (2)                                                 |
|Article 6(3), introductory wording                                   |Article 6(3), introductory wording                                   |
|Article 6(3)(a), introductory words                                  |Article 6(3)(a), introductory words                                  |
|Article 6(3)(a), first indent                                        |Article 6(3)(a)(i)                                                   |
|Article 6(3)(a), second indent                                       |Article 6(3)(a)(ii)                                                  |
|Article 6(3)(a), third indent                                        |Article 6(3)(a)(iii)                                                 |
|Article 6(3)(a), fourth indent                                       |Article 6(3)(a)(iv)                                                  |
|Article 6(3)(b)                                                      |Article 6(3)(b)                                                      |
|Article 6(3)(c), introductory words                                  |Article 6(3)(c), introductory words                                  |
|Article 6(3)(c), first indent                                        |Article 6(3)(c)(i)                                                   |
|Article 6(3)(c), second indent                                       |Article 6(3)(c)(ii)                                                  |
|Article 6(3)(d), introductory words                                  |Article 6(3)(d), introductory words                                  |
|Article 6(3)(d), first indent                                        |Article 6(3)(d)(i)                                                   |
|Article 6(3)(d), second indent                                       |Article 6(3)(d)(ii)                                                  |
|Article 6(3)(d), third indent                                        |Article 6(3)(d)(iii)                                                 |
|Article 6(3)(d), fourth indent                                       |Article 6(3)(d)(iv)                                                  |
|Article 6(3)(d), fifth indent                                        |Article 6(3)(d)(v)                                                   |
|Article 6(3)(e), (f) and (g)                                         |Article 6(3)(e), (f) and (g)                                         |
|Article 6(4), first subparagraph                                     |Article 6(4), first subparagraph                                     |
|Article 6(4), second subparagraph                                    |Article 6(4), second subparagraph                                    |
|Article 6(4), third subparagraph                                     |_____                                                                |
|Article 6(4), fourth subparagraph                                    |_____                                                                |
|Article 6(4), fifth subparagraph                                     |Article 6(4), third subparagraph                                     |
|Article 6(5)                                                         |Article 6(5)                                                         |
|Article 7(1), introductory wording                                   |Article 7(1), introductory wording                                   |
|Article 7(1), first indent                                           |Article 7(1)(a)                                                      |
|Article 7(1), second indent                                          |Article 7(1)(b)                                                      |
|Article 7(1), third indent                                           |Article 7(1)(c)                                                      |
|Article 7(2)                                                         |Article 7(2)                                                         |
|Article 7(3), first subparagraph                                     |Article 7(3), first subparagraph                                     |
|Article 7(3), second subparagraph, introductory wording              |Article 7(3), second subparagraph, introductory wording              |
|Article 7(3), second subparagraph, first indent                      |Article 7(3), second subparagraph, (a)                               |
|Article 7(3), second subparagraph, second indent                     |Article 7(3), second subparagraph, (b)                               |
|Article 8A, introductory wording                                     |Article 8(1), introductory wording                                   |
|Article 8A, point 1, introductory wording                            |Article 8(1), introductory wording                                   |
|Article 8A, point 1(a)                                               |Article 8(1)(a)                                                      |
|Article 8A, point 1(b)                                               |Article 8(1)(b)                                                      |
|Article 8A, point 2, introductory wording                            |Article 8(2), introductory wording                                   |
|Article 8A, point 2, first indent                                    |Article 8(2)(a)                                                      |
|Article 8A, point 2, second indent                                   |Article 8(2)(b)                                                      |
|Article 8A, point 2, third indent                                    |Article 8(2)(c)                                                      |
|Article 8A, point 2, fourth indent                                   |Article 8(2)(d)                                                      |
|Article 8A, point 2, fifth indent                                    |Article 8(2)(e)                                                      |
|Article 8A, point 3                                                  |Article 8(3)                                                         |
|Article 8A, point 4                                                  |Article 8(4)                                                         |
|Article 8A, point 5                                                  |Article 8(5)                                                         |
|Article 8B                                                           |Article 8(6)                                                         |
|Article 9                                                            |Article 9                                                            |
|Article 10(1), first subparagraph, introductory wording              |Article 10(1), first subparagraph, introductory wording              |
|Article 10(1), first subparagraph, first indent                      |Article 10(1), first subparagraph, (a)                               |
|Article 10(1), first subparagraph, second indent                     |Article 10(1), first subparagraph, (b)                               |
|Article 10(1), first subparagraph, third indent                      |Article 10(1), first subparagraph, (c)                               |
|Article 10(1), second subparagraph                                   |Article 10(1), second subparagraph                                   |
|Article 10(2), introductory wording                                  |Article 10(2), introductory wording                                  |
|Article 10(2), first indent                                          |Article 10(2)(a)                                                     |
|Article 10(2), second indent                                         |Article 10(2)(b)                                                     |
|Article 10(2), third indent                                          |Article 10(2)(c)                                                     |
|Article 10(3)-(7)                                                    |Article 10(3)-(7)                                                    |
|Article 11                                                           |Article 11                                                           |
|Article 12(1), introductory wording                                  |Article 12(1), introductory wording                                  |
|Article 12(1)(a) and (b)                                             |Article 12(1)(a) and (b)                                             |
|Article 12(1)(c), first subparagraph                                 |Article 12(1)(c)                                                     |
|Article 12(1)(c), second subparagraph, introductory wording          |Article 12(2), introductory wording                                  |
|Article 12(1)(c), second subparagraph, first indent                  |Article 12(2)(a)                                                     |
|Article 12(1)(c), second subparagraph, second indent                 |Article 12(2)(b)                                                     |
|Article 12(1)(c), third subparagraph, introductory wording           |Article 12(3), first subparagraph, introductory wording              |
|Article 12(1)(c), third subparagraph, first indent                   |Article 12(3), first subparagraph, (a)                               |
|Article 12(1)(c), third subparagraph, second indent                  |Article 12(3), first subparagraph, (b)                               |
|Article 12(1)(c), fourth subparagraph                                |Article 12(3), second subparagraph, first sentence                   |
|Article 12(1)(c), fifth subparagraph                                 |Article 12(3), second subparagraph, second sentence                  |
|Article 12(2)                                                        |Article 12(4)                                                        |
|Article 12(3)                                                        |Article 12(5)                                                        |
|Article 12(4)                                                        |Article 12(6)                                                        |
|Article 12(5)                                                        |Article 12(7)                                                        |
|Articles 13 to 17                                                    |Articles 13 to 17                                                    |
|Article 17a                                                          |_____                                                                |
|Article 17b                                                          |Article 18                                                           |
|Chapter II                                                           |Chapter III                                                          |
|Article 18(1), introductory wording                                  |Article 19(1), introductory wording                                  |
|Article 18(1), first indent                                          |Article 19(1)(a)                                                     |
|Article 18(1), second indent                                         |Article 19(1)(b)                                                     |
|Article 18(2), introductory wording                                  |Article 19(2), introductory wording                                  |
|Article 18(2), first indent                                          |Article 19(2)(a)                                                     |
|Article 18(2), second indent                                         |Article 19(2)(b)                                                     |
|Article 18(3)-(8)                                                    |Article 19(3)-(8)                                                    |
|Chapter III                                                          |Chapter IV                                                           |
|Article 19                                                           |Article 20                                                           |
|Article 20                                                           |Article 21                                                           |
|Article 21                                                           |Article 22                                                           |
|Chapter IV                                                           |Chapter V                                                            |
|Article 22                                                           |Article 23(1), (2) and (4)                                           |
|Article 23                                                           |Article 23(1), (3) and (4)                                           |
|Article 24                                                           |Article 24                                                           |
|Article 25                                                           |Article 25                                                           |
|Article 26                                                           |_____                                                                |
|Article 27                                                           |_____                                                                |
|Article 28                                                           |_____                                                                |
|Article 29                                                           |Article 26                                                           |
|Article 30                                                           |_____                                                                |
|_____                                                                |Article 27                                                           |
|_____                                                                |Article 28                                                           |
|Article 31                                                           |Article 29                                                           |
|Annex A                                                              |Annex I                                                              |
|Annex B                                                              |Annex II                                                             |
|_____                                                                |Annex III                                                            |
|_____                                                                |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   Annex III, Parts A and B of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.
[8]   See Annex III, Parts A and B.
[9]   OJ L 184, 17.7.1999, p. 23.
[10]  OJ L 224, 18.8.1990, p. 29.
[11]  OJ L 24, 30.1.1998, p. 9.
[12]  OJ L 243, 25.8.1992, p. 27.
[13]  OJ L 340, 11.12.1991, p. 17.
[14]  OJ L 224, 18.8.1990, p. 42.
[15]  OJ L 224, 18.8.1990, p. 55.
[16]  OJ L 302, 31.12.1972, p. 28.
[17]  OJ L 351, 2.12.1989, p. 34.
[18]  OJ L 125, 23.5.1996, p. 10.
[19]  OJ L 79, 17.3.2004, p. 47.
[20]  OJ L 378, 31.12.1982, p. 58.
[21]  OJ L 224, 18.8.1990, p. 19.
[22]  OJ L 31, 1.2.2002, p. 1.
[23]  First subparagraph of Article 30(1) of Directive 91/496/EEC:
      ”1. Member states shall bring into force the laws, regulations and administrative provisions necessary to comply with:
      (a)   the provisions of Article 6(3) and Articles 13, 18 and 21 on 1 December 1991;
      (b)   the other provisions of this Directive on 1 July 1992.”