Council Directive 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 (91/496/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission⁽¹⁾,

Having regard to the opinion of the European Parliament⁽²⁾,

Whereas live animals are included in the list in Annex II to the Treaty;
Whereas 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;
Whereas Article 23 of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market⁽³⁾ provides, in particular, that the Council must lay down the rules and general principles applicable to checks on imports from third countries of animals covered by the said Directive;
Whereas each consignment of animals from third countries must be subjected to documentary and identity checks upon entry into the territory of the Community;
Whereas 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;
Whereas provision must be made for safeguard arrangements; whereas, in this context, the Commission must be able to act, particularly by visiting the places concerned and adopting measures appropriate to the circumstances;
Whereas, if the checking system is to function smoothly there must be an approval procedure and border inspection posts must be inspected and there should by exchanges of officials empowered to carry out checks on live animals coming from third countries;
Whereas the laying down of common principles at Community level is all the more necessary given that, with the completion of the internal market in prospect, internal border controls are to be abolished;
Whereas Directives 89/662/EEC⁽⁴⁾, 90/425/EEC, and 90/675/EEC should be amended in order to adapt them to this Directive;
Whereas the provision of certain transitional measures of limited duration appears to be necessary in order to facilitate the transition to the new checking arrangements instituted by this Directive;
Whereas the task of adopting measures for the application of this Directive should be entrusted to the Commission,

HAS ADOPTED THIS DIRECTIVE:

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 Directive 90/425/EEC shall apply as necessary.

2.

In addition:

‘documentary check’ shall mean verification of the veterinary certificates or documents accompanying an animal;
‘identity check’ shall mean 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;
‘physical check’ shall mean a check of the animal itself, possibly including sampling and laboratory testing and, where appropriate, additional checks during quarantine;
‘importer’ shall mean any natural or legal person who presents animals for importation into the Community;
‘consignment’ shall mean 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;
‘border inspection post’ shall mean 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 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries⁽⁵⁾ and designated and approved in accordance with Article 6.

CHAPTER I Organization and follow-up of checks

Article 3

1.

Member States shall ensure that:

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;
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);
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:
1. 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;
2. 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;
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.