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.

It is also important that composite products, in which there is only a limited percentage of products of animal origin, should be included in the scope of the checks procedures with a view to avoid differences in interpretation between border inspection posts and thus distortions in trade;

In order to avoid disruption of trade it is appropriate to provide for a reasonable period of time for the continuing acceptance of imported animal by-products arriving at the border inspection posts after 1 May 2004, and which may still be accompanied by old models of health certificates.

Commission Decision 93/13/EEC of 22 December 1992 laying down the procedures for veterinary checks at the Community border inspection posts on products from third countries(3), as last amended by Decision 2003/279/EC(4), was adopted an the basis of the first directive and should therefore be updated.

By derogation from paragraph 4 above, border inspection posts having a throughput of less than 500 consignments per year may utilise the same facilities provided for unloading, inspection and storage for all products for which the post is approved, provided that a time separation of consignments is implemented, and that adequate cleansing and disinfection of the premises between arrivals of different consignments is undertaken as necessary.

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.

Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission(2) is to be incorporated into the Agreement.

However, by derogation to paragraph 3, in the case of deep frozen semen and embryos which may be transported at ambient temperatures in sealed, self contained temperature regulating containers, these may be inspected in border inspection posts listed for products not for human consumption that are at ambient temperatures only.

Member States shall ensure that, during checks carried out at the places where animals and products referred to in Annex I from a third country may be brought into the territories defined in Annex I to Directive 90/675/EEC, such as ports, airports and border inspection posts with third countries, the following measures are taken:

Without prejudice to Annex II to Directive 97/78/EC, all border inspection posts as referred to in Article 6 of that Directive must, in order to be approved and listed in the Official Journal and to maintain approval, provide the facilities, personnel, equipment, and operate the procedures in the posts, as specified in this Decision and in the Annex hereto.

Commission Decision 95/357/EC of 26 July 1995 drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries, detailed rules concerning the checks to be carried out by the veterinary experts of the Commission and repealing Decision 94/24/EC (OJ L 211, 6.9.1995, p. 43), as amended by:

Commission Decision 97/778/EC of 22 July 1997 drawing up a list of border inspection posts (BIPs) agreed for veterinary checks on products and animals from third countries, laying down detailed rules concerning the checks to be carried out by the experts of the Commission and repealing Decision 96/742/EC (OJ L 315, 19.11.1997, p. 15), as amended by:

By derogation from this requirement in the case of border inspection posts officially approved as restricted to packed products only, unloading areas may be common, provided then that during and after unloading, there is clear separation of products for human consumption and those not for human consumption, with a view to prevent cross contamination.

proposed by the Member State, once the competent authority has checked that it complies with the requirements of Annex II to this Directive and of Commission Decision 92/525/EEC of 3 November 1992 laying down requirements for the approval of Community border inspection posts responsible for veterinary checks on products introduced from third countries (11),

Commission Decision 2002/986/EC of 13 December 2002 amending Decisions 2001/881/EC drawing up a list of border inspection posts approved for veterinary checks on animals and animal products from third countries, and 2002/459/EC listing the units in the ANIMO computer network(3), as corrected by OJ L 4, 9.1.2003, p. 24, is to be incorporated into the Agreement.

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:

The transitional provisions for the border inspection posts between the Member States and the new Member States which are due to be abolished on accession are not made sufficiently clear in Article 8 of Regulation (EC) No 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(2) and should be reworded to avoid any ambiguity.

For fishery products other than those referred to in point 1, that is to say all fishery products which have to go through border inspection posts, the fee provided for in Article 1 shall be fixed in accordance with Article 5 (1) at the minimum standard level of ECU 5 per tonne, with a minimum of ECU 30 per consignment, although, above 100 tonnes, the minimum standard amount of ECU 5 shall be reduced to:

Article 19 1. Veterinary experts from the Commission may, in conjunction with the competent national authorities and to the extent necessary for uniform application of the requirements of this Directive, verify that the border inspection posts approved in accordance with Article 6 and the quarantine centres approved in accordance with Article 10 satisfy the criteria listed respectively in Annexes A and B.

It is appropriate to make provisions to allow Member States to designate points of entry other than border inspection posts at which meat, milk and their derivatives, carried by individual travellers are restricted or subject to checks in accordance with the principles laid down in Directive 97/78/EC by their competent authorities empowered to carry out veterinary checks or by any authority to which they have delegated such powers.

After completion of the required veterinary checks the official veterinarian shall issue a certificate for the consignment of products concerned certifying the results of the checks in accordance with the model provided in Annex B to Commission Decision 93/13/EEC laying down the procedures for veterinary checks at Community border inspection posts on products from third countries (10), adapted where appropriate in accordance with paragraph 4.

The coordinating authorities in those Member States availing themselves of the derogation provided for in Article 5 of Decision 2004/292/EC(11) shall ensure that the contracts referred to in Article 1 of this Decision are extended for the period from 1 April 2004 to 31 December 2004 except in the case of those border inspection posts listed in Annex II to Regulation (EC) No 282/2004 for which the period shall be from 1 April 2004 to 30 April 2004.

In accordance with the procedure laid down in Article 29, derogations may be granted from the provisions of Article 6(1)(b) and, as regards the staff responsible for carrying out the checks and for issuing certificates, from those of Article 4(1) and Article 5(1) for border inspection posts where fish are presented in accordance with Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (21).

However, for the purpose of Article 10(l) this definition does not include living areas for humans on such premises, unless animals of susceptible species, including those referred to in Article 85(2), are kept on a permanent or temporary basis therein, slaughterhouses, means of transport, border inspection posts or fenced areas where animals of susceptible species are kept and may be hunted, if such fenced areas are of a size which makes the measures provided for in Article 10 inapplicable;

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.

There is no indication that any of the outbreaks of foot-and-mouth disease reported since the prohibition of prophylactic vaccination can be attributed to imports in accordance with Community legislation and subject to veterinary checks at border inspection posts, established in accordance with Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(8), and Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(9).