CHAPTER IOrganization and follow-up of checks

Article 31.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 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.2.Detailed rules for implementing this Article shall be adopted, as the need arises, in accordance with the procedure laid down in Article 23.

Article 41.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 90/675/EEC and approved for that purpose, in order to verify: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..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.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 transportOJ 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.The check must be made after reference to the data bases specified in the second indent of Article 1 of Decision 92/438/EEC.3.However, 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 90/675/EEC, 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.5.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 laid down in Article 23.

Article 5Entry into one of the territories defined in Annex I to Directive 90/675/EEC 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 Directive 90/426/EECOJ No L 224, 18.8.1990, p. 42. as concerns the movement and import of 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.The detailed rules for applying this Article shall be adopted in accordance with the procedure laid down in Article 23.

Article 61.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 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.3.Before 1 January 1992, and once border posts have been shortlisted by national authorities, acting in conjunction with the Commission departments which will verify their compliance with the minimum requirements set out in Annex A, 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:(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).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 A.Before 1 January 1992, the Commission shall submit to the Standing Veterinary Committee 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 laid down in Article 22.The abovementioned report shall cover any problems that would be encountered by certain Member States if the shortlisting referred to in the first subparagraph of paragraph 3 were to result in a large number of border inspection posts being excluded at 1 July 1992.To take account of any such problem, some of the border inspection posts may be kept in operation and granted a maximum of three years to comply with the requirements of this Directive as regards equipment and structures.The Commission shall publish the list of approved border inspection posts, and any subsequent updates, in the Official Journal of the European Communities.5.As the need arises, the Commission shall adopt any detailed rules required for implementing this Article in accordance with the procedure laid down in Article 23.

Article 71.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 Directive 90/427/EECOJ No L 224, 18.8.1990, p. 55.: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.2.Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure laid down in Article 23.3.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 90/675/EEC shall be conducted in accordance with the rules for veterinary checks laid down in Directive 90/425/EEC.In particular, the information to 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, must specify whether: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.

Article 8A.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 countriesOJ 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.

Article 91.Member States shall authorise the transit of animals from one third country to another third country or to the same third country provided that:(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.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 101.In cases where Community rules or the national rules of the place of destination, in areas which have not been harmonized and in compliance with the general rules of the Treaty, provide for live animals to be placed in quarantine or isolation, such quarantine or isolation may take place: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.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 the first indent of the preceding subparagraph may be laid down in accordance with the procedure provided for in Article 23.2.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: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.3.The general conditions to be fulfilled for the quarantine centres referred to in the first and second indents of paragraph 1 are laid down in Annex B.The special approval conditions applicable to the different animal species shall be adopted in accordance with the procedure laid down in Article 23.4.(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 22.5.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 (A) (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 111.Without prejudice to the remaining 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.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 121.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 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.2.The importer or his representative shall be liable for the costs incurred in the measures provided for in paragraph 1, the process of destroying the consignment or using the meat for other purposes.The yield of the sale of the products referred to in the third subparagraph of paragraph 1 (c) must revert to the owner of the animals or his representative, after deduction of the above costs.3.Detailed rules for the application of this Article shall be adopted, as the need arises, in accordance with the procedure laid down in Article 23.4.The provisions of Decision 92/438/EEC shall apply.5.The competent authorities shall, where appropriate, communicate any information at their disposal in accordance with Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical mattersOJ No L 351, 2.12.1989, p. 34..

Article 13In accordance with the procedure laid down in Article 23, the Commission shall, on the basis of the plans referred to in the second subparagraph, 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 90/675/EEC to take account of the natural constraints specific to these territories, including their remoteness from the mainland part of Community territory.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 14For 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 8A (5) of this Directive.The procedures for identifying or marking animals for slaughter shall be determined according to the procedure provided for in Article 23.

Article 15Member States shall collect a fee for veterinary and health checks when the animals referred to in this Directive are imported, in accordance with Directive 96/23/ECOJ No L 125, 23.5.1996, p. 10..

Article 16Under the procedure provided for in Article 23 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, and in particular in the light of the results of checks carried out prior to the adoption of this Directive.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 7 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residuesOJ No L 275, 26.9.1986, p. 36.;(g)outcome of the Community inspection visits;(h)outcome of the import controls carried out.

Article 17Rights 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.

Article 17aAustria and Finland shall have a period of three years from the date of entry into force of theAccession Treaty to introduce the checking system provided for in this Chapter. During that transitional period, Austria and Finland shall apply the measures which will be determined before the date of entry into force of the Accession Treaty in accordance with the procedure laid down in Article 23. These measures must ensure that all the necessary checks are carried out as close as possible to the Community's external frontier.

Article 17bAs regards the border with Romania, a special regime with Hungary for a period of three years from the date of accession shall apply. During this transitional period Hungary shall apply the measures which will be determined before the date of accession in accordance with the procedure laid down in Article 23.Before the end of this period of 3 years, the situation will be reviewed and the necessary measures will be adopted according to the procedure laid down in Article 23.

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

Corrected by