(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 the second indent 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 provided for in Article 23, proof has been supplied: (i) in the form of the certificate provided for in the second indent of Article 7 (1) 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; (ii) that the veterinary checks have been paid for, and that, where relevant, a deposit covering any cost provided for in the second and third indents of Article 10 (1), Article 10 (6) and Article 12 (2) has been lodged;
(d) the customs authority does not authorize release for free circulation in the territories referred to in Annex I to Directive 90/675/EEC unless, without prejudice to the specific provisions to be adopted in accordance with the procedure laid down in Article 23, proof has been supplied that the requirements in (c) have been fulfilled.
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
Modified by
- Council Directiveof 19 November 1991on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(91/628/EEC)Council Directive 95/29/ECof 29 June 1995amending Directive 91/628/EEC concerning the protection of animals during transport, 31991L062831995L0029, December 11, 1991
- Council Directive 95/29/ECof 29 June 1995amending Directive 91/628/EEC concerning the protection of animals during transport, 31995L0029, June 30, 1995
- Council Decisionof 13 July 1992on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC, and repealing Decision 88/192/EEC(92/438/EEC), 31992D0438, August 25, 1992
- Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N/ACT31995D0001, August 29, 1994
- Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
- Council Directive 96/43/ECof 26 June 1996amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC, 31996L0043, July 1, 1996
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T/ACT, September 23, 2003
- Council Directive 2006/104/ECof 20 November 2006adapting certain Directives in the field of agriculture (veterinary and phytosanitary legislation), by reason of the accession of Bulgaria and Romania, 32006L0104, December 20, 2006
- Council Directive 2008/73/ECof 15 July 2008simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC(Text with EEA relevance), 32008L0073, August 14, 2008
- Regulation (EU) 2017/625 of the European Parliament and of the Councilof 15 March 2017on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(Text with EEA relevance), 32017R0625, April 7, 2017
Corrected by
- Corrigendum 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, 31991L0496R(02), May 31, 2008
- Corrigendum 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, 31991L0496R(04), March 23, 2013
their origin, 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, 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, that no indication of rejection of the consignment has been given through the procedure specified in the first indent of Article 1 of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project) OJ No L 243, 25.8.1992, p. 27 .
(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. In accordance with the procedure laid down in Article 23, 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 in respect of certain categories and species of animals; (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; (d) verification of compliance with the minimum requirements laid down by Council Directive 77/489/EEC of 18 July 1977 on the protection of animals during international transport OJ No L 200, 8.8.1977, p. 10 .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.
(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 Directive 90/426/EEC OJ No L 224, 18.8.1990, p. 42 .equidae coming from third countries, 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.
(a) located at the point of entry into one of the territories referred to in Annex I to Directive 90/675/EEC; 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; (c) designated and approved in accordance with paragraph 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.The official veterinarian shall ensure that all updating of the data bases indicated in the third indent in Article 1 of Decision 92/438/EEC is carried out.
(a) nature of the border inspection post: port, airport, road checkpoint, 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: number of official veterinarians with at least one official veterinarian on duty at all times that the border inspection post is open, number of specially qualified auxiliary staff or assistants;
(d) description of the equipment and premises available for carrying out: the documentary check, the physical check, sampling, the general tests laid down in Article 4 (2) (b), 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).
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, issue a certificate which matches the model to be drawn up by the Commission in accordance with the procedure laid down in Article 23 attesting that the checks referred to in Articles 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, keep the original certificate or certificates accompanying the animals.
animals are intended for a Member State or an area having specific requirements, samples have been taken but the results are not known when the means of transport leaves the border inspection post.
A. Member States shall ensure that: 1. 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 Standing Veterinary Committee, of cases of recourse to the solution set out in (ii);
2. 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: they must have remained in the third country of dispatch at least during the periods provided for in Article 10 (1) of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries OJ No L 302, 31.12.1972, p. 28 . Directive last amended by Directive 91/266/EEC (OJ No L 134, 29.5.1991, p. 45 ).they must undergo the checks provided for in Article 4, 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 laid down in Article 23, on the basis of reciprocity, between the requirements of the third country and those of the Community;
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. 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. if the checks provided for in points 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 and Article 12 shall be applicable; 4. where the animals referred to in point 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. at the place of destination, animals for breeding and prodution shall remain under the official supervision of the competent veterinary authorities. After an observation period to be determined in accordance with the procedure laid down in Article 23, 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.
B. Detailed rules for the application of this Article shall be adopted, as the need arises, in accordance with the procedure laid down in Article 23.
(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 90/675/EEC, 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 90/675/EEC, with Community rules on protection during transport; (c) the check referred to in Article 4 shows 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 laid down in Article 23 as being at least equivalent to those requirements; (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 Statess of transit and of the border post of exit, by means of the information exchange system referred to in Article 20 of Directive 90/425/EEC; (e) in the case of passage through one of the territories referred to in Annex I to Directive 90/675/EEC, 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 and operations to ensure the animals' welfare.
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 laid down in Article 22 and is regularly inspected by the Commission's veterinary experts, at a quarantine centre situated within Community territory which meets the requirements laid down in Annex B, on the holding of destination.
either at the border inspection post itself or in its immediate vicinity, or on the holding of destination, or at a quarantine centre situated in the vicinity of the holding of destination.
(a) The procedure laid down in Article 22 must be followed for the approval and subsequent updating of the list of quarantine centres referred to in the first indent of paragraph 1. The Commission shall publish the list of these quarantine centres and any subsequent updates in the Official Journal of the European Union .(b) Quarantine centres referred to in the second indent of paragraph 1 and the first indent of paragraph 2 that fulfil the conditions laid down in Annex B shall be approved by the Member States, each centre being given an approval number. Each Member State shall draw up and keep up to date a list of approved quarantine centres and their approval numbers and make it available to the other Member States and to the public. Quarantine centres shall be subject to the inspection provided for in Article 19. Detailed rules for the uniform application of this subparagraph may be adopted in accordance with the procedure referred to in Article 22.
(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 90/675/EEC where animal health or animal welfare requirements so allow. In this case, the official veterinarian of the border inspection post must: activate the information procedure provided for in the first indent of Article 1 of Decision 92/438/EEC, under arrangements to be defined in accordance with the procedure laid down in Article 23, cancel the veterinary certificate or document accompanying the rejected consignment. at intervals to be determined, inform the Commission, via the competent central authority, as to the nature and frequency of the infringements observed.
If re-dispatch is impossible, in particular for reasons of the welfare of the animals, the official veterinarian: 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, 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 4. The Commission shall keep the Standing Veterinary Committee regularly informed of such cases.
(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 7 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues OJ No L 275, 26.9.1986, p. 36 .(g) outcome of the Community inspection visits; (h) outcome of the import controls carried out.
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