97/794/EC: Commission Decision of 12 November 1997 laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries (Text with EEA relevance)

26.11.1997 EN Official Journal of the European Communities L 323/31
COMMISSION DECISION
of 12 November 1997
laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries
(Text with EEA relevance)
(97/794/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), as last amended by Directive 96/43/EC (2), and in particular Articles 4 (5), 5, second paragraph, 7 (2) and 8 (B) thereof,
Whereas Commission Decision 92/424/EEC (3) lays down certain detailed rules for the application of Directive 91/496/EEC as regards identity checks on animals from third countries;
Whereas Commission Decision 92/432/EEC (4) lays down certain conditions under which a derogation may be made from the principle of individual clinical examination of animals entering the Community from third countries;
Whereas Commission Decision 92/527/EEC (5) lays down the model for the certificate referred to in Article 7 (1) of Directive 91/496/EEC;
Whereas it is appropriate to lay down in a single act common procedures, including documentary, identity and physical checks, for animals at Community border inspection posts;
Whereas it is appropriate for the checks to include controls on compliance with Council Directive 9l/628/EEC (6), as last amended by Council Directive 95/29/EC (7), in respect of the protection of the animals during transport;
Whereas in order to be able to carry out the veterinary checks satisfactorily, it is necessary to unload all animals at the border inspection post;
Whereas the procedure should include a clinical examination of each animal without prejudice to specified derogations; whereas it is appropriate to sample a proportion of animals at border inspection posts in order to check compliance with the requirements of the health certificate;
Whereas Decisions 92/424/EEC and 92/432/EEC should be repealed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,