93/13/EEC: Commission Decision of 22 December 1992 laying down the procedures for veterinary checks at Community border inspection posts on products from third countries

COMMISSION DECISION of 22 December 1992 laying down the procedures for veterinary checks at Community border inspection posts on products from third countries
(93/13/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 90/675/EEC laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Decision 92/438/EEC (2), and in particular Article 4  (6), Article 8 (3), Article 10 (2), Article 11 (7), Article 14 (3), Article 16 (4) and Article 18 (1) thereof,
Whereas the principles underlying the organization of documentary, identity and physical checks, as well as the follow-up to such checks have been laid down; whereas it is now necessary to adopt additional measures in order to establish a reliable  harmonized procedure and set up the new arrangements for veterinary checks on products from third countries;
Whereas documentary and identity checks are based on a comparison between the information transmitted by the importer and the products imported into the Community and must be carried out according to certain rules; whereas physical checks on such  products must also meet certain requirements, and the type and results of checks must be mentioned on a certificate;
Whereas, therefore, the proper functioning of the new arrangements requires that all information on a product be brought together in a document based on a given model;
Whereas the routing of products which may be accepted only for uses other than human consumption should be carried out within the framework of an appropriate existing Community procedure;
Whereas certain veterinary checks are not carried out on products carried in the luggage of travellers and intended for their consumption, or sent in small consignments addressed to individuals; whereas a maximum weight limit should nevertheless be  fixed for products subject to such derogations;
Whereas certain plant products posing a risk of spreading contagious diseases to animals must be subjected to veterinary checks; whereas a list of such products must be drawn up, together with a list of third countries or parts of third countries which  may be authorized to export them to the Community;
Whereas certain consignments of products exported from a Member State towards a third country may be refused importation by the third country, then in those cases it is up to the competent authority of the Member State that has exported the products to  take the necessary measures to control the consignment on its re-introduction into the territory of the Community;
Whereas in accordance with Article 11 (2) (b) of Directive 90/675/EEC, the Member State is able to conclude bilateral agreements for certain veterinary controls in the country of destination, it is required in these cases to ensure all necessary  measures in the way of veterinary checks as mentioned in this Directive are carried out;
Whereas the products stored in a free zone or in a free warehouse, in a warehouse under customs control or in transit through the territory of the Community from one third country to another will be made the subject of a further implementing Decision;
Whereas derogations concerning the inspection of fish coming from third countries into the Community will be made the subject of later implementing Decisions;
Whereas the specific conditions of sampling and of examination of the different types of products will be the subject of further implementing Decisions;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,