Decision 1997/794 - 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 - Main contents

official title

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Whereas Decisions 92/424/EEC and 92/432/EEC should be repealed;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,

HAS ADOPTED THIS DECISION:

Article 1

The documentary, identity and physical checks provided for in Directive 91/496/EEC shall be carried out in accordance with the provisions of this Decision.

Article 2

The documentary check shall be carried out in accordance with the rules laid down in Annex I.

Article 3

• 1. 

  Identity checks shall be carried out on each animal in a consignment.

• 2. 

  By way of derogation from paragraph 1, identity checks may be carried out on 10 % of the animals in a consignment, with a minimum of 10 animals representative of the whole consignment checked per consignment, where the consignment contains a large number of animals.

The number of animals checked must be increased and may reach the totality of the animals concerned, if the initial checks carried out have not been satisfactory.

• 3. 

  By way of derogation from paragraph 1, for animals for which individual marking is not provided for by Community rules, identity checks must at least consist of a check on the marking of a representative number of packages and/or containers.

The number of packages and/or containers checked must be increased and may reach the totality of the packages and/or containers concerned, if the initial checks carried out have not been satisfactory.

The identity check shall consist of a visual check of the animals contained in a representative number of packages and/or containers, for the verification of the species thereof.

Article 4

• 1. 

  The official veterinarian shall carry out the physical check...

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