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entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (91/496/EEC) (repealed)

Article 12 U.K.

1. 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:

• (c) [F1 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[F1 .]

• [F2 . . . . .]

If re-dispatch is impossible, in particular for reasons of the welfare of the animals, the official veterinarian:

• (c) 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.

[F1 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 matters(1).

Textual Amendments

F1 Substituted by Council Decision of 13 July 1992 on 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).

F2 Deleted by Council Decision of 13 July 1992 on 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).

(1)

OJ No L 351, 2.12.1989, p. 34.