In order for the frontier inspection posts referred to in paragraph 1 (a) to be approved, they must in particular have available the facilities necessary for carrying out the inspection referred to in Article 12 (1), and for disinfection, disposal of waste fodder, litter, dung, urine and all other waste.

In the case of border inspection posts checking imports of fish in accordance with Commission Decision 93/352/EEC fn, the designated official agent may carry out the functions of the official veterinarian including the completion and signature of the CVED.

Having regard to Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance (2),

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 2002/45 9/EC listing the units in the ANIMO computer network

Having regard to Article 4 of Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance (2),

For the convenience of the reader, MRLs are indicated in bold type character when they reflect changes to MRLs in annexes of previous directives; when indicated in normal type characters, they are reiterations of existing MRLs.

Any maximum level adopted at Community level will have to be reviewed regularly to take account of the advance of scientific and technical knowledge and improvements in manufacturing or agricultural practices with the objective of achieving steadily decreasing levels.

Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries

(4) The proposed locations put forward as border inspection posts with third countries in the new Member States have been the subject of inspection by the Commission and also by representatives of the Member States and it is considered that certain of these locations will be completed to EU requirements by accession.

(6) These maximum limits shall be reviewed for the first time before 31 December 2004 in the light of new data on the presence of dioxins and dioxin- like PCBs, in particular with a view to the inclusion of dioxin- like PCBs in the levels to be set and will be further reviewed before 31 December 2006 with the aim of significantly reducing of the maximum levels.

Commission Decision 2002/455/EC of 13 June 2002 amending Decision 2001/881/EC as regards the list of border inspection posts agreed for veterinary checks on animals and animal products from third countries ( fn ) is to be incorporated into the Agreement.

Commission Decision of 26 April 2002 laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC (Text with EEA relevance) (notified under document number C(2002) 1527)

pesticides listed in Table 1 of Annex VIII are considered not to have been used if their residues do not exceed a level of 0,003 mg/kg. This level which is considered to be the limit of quantification of the analytical methods shall be kept under regular review in the light of technical progress;

Whereas the maximum residue levels established in this Directive will have to be reviewed in the framework of the re-evalutation of active substances provided for in the work programme established in Article 8 (2) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1),

For the purposes of implementing the second indent of paragraph 1, the basis for carrying out random checks shall be the total number of consignments passing through a frontier post and presented to a customs office or inspection authority during a given period, and not the total number of goods making up each consignment.

Member States shall ensure that during the checks carried out at the places where animals and products referred to in Article 1 from a third country may be brought into Community territory, such as ports, airports and frontier posts with third countries, the following measures are taken:

For the purposes of implementing the second indent of paragraph 1, the basis for carrying out random checks shall be the total number of consignments passing through a frontier post and presented to a customs office or other inspection authority during a given period, and not the total number of goods making up each consignment.

However, the identification provided for in paragraph 1 is not necessary for an animal intended for slaughter if the animal is transported directly from the veterinary border inspection post to a slaughterhouse situated in the Member State where the checks referred to in the first subparagraph are carried out and the animal is slaughtered within five working days of undergoing those checks.

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 fn, as last amended by Decision 2003/279/EC fn, was adopted an the basis of the first directive and should therefore be updated.

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 (OJ L 326, 11.12.2001, p. 44).

(3) Provisions should therefore be made to identify the border inspection post where products of animal origin coming from Romania could be checked at the border with Hungary, and to provide appropriate derogation to the requirements applicable to the inspection facilities for products of animal origin at this border inspection post.

(2) 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 fn is to be incorporated into the Agreement.

The animals and products referred to in Annex B and those which are imported on the basis of national animal health standards must be brought directly into Community territory via one of the inspection posts of the Member State which intends to import them and be inspected there in accordance with paragraph 1 (b).

whereas, in particular, the MRLs fixed for acephate, metamidophos and vinclozolin in this Directive should be urgently reviewed together with the MRLs for these pesticides fixed by Directives 93/57/EEC and 93/58/EEC based on the evaluation work on these active substances under the provisions of Article 8(2) of Directive 91/414/EEC;

This box must also be used for species of animal not listed in Annex A to Directive 90/425/EEC imported at a BIP of a Member State which is not the final destination and for which the physical checks must be carried out at the place of final destination in accordance with Article 8(A)(l)(b)(ii) of Directive 91/496/EEC.

Whereas, having regard to Article 4 (2) of Directive 90/425/EEC, Article 4 (5) of 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 (3) and the obligations which will be imposed on the border inspection posts responsible for inspecting live animals arriving from third countries, the computerized network will have to link the central authorities of Member States, the designated local authorities and the border inspection posts;

Article 4 of Commission Directive 98/82/EC(8), on the setting of maximum residue levels, fixed temporary maximum residue levels for vinclozolin for some commodities in advance of the adoption for all agricultural products of reviewed maximum residue levels on the basis of the evaluation works under the provisions of Article 8(2) of Directive 91/414/EEC.

As regards the frontier posts and customs offices and services referred to in paragraph 1, and under the conditions laid down by the Contracting Parties, the competent authorities shall, if specifically requested during business hours and for sound reasons, provide for inspections and formalities to be carried out, as an exception, outside business hours, on condition that, where relevant, payment is made for services so rendered.

The manufacturer is authorized, under the supervision of the type-approval authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer himself (e. g. use of leaded petrol before the test date).

"Identity checks" and "plant health checks" must be made, without prejudice to (c) and (d) below, by the official body of point of entry in connection with the customs formalities required for placing under a customs procedure as referred to in Article 13(1) or Article 13(4), and either at the same place as these formalities, on the premises of the official body of point of entry or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d).

(7) Commission Decision 2001/881/EC draws 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 fn and it is appropriate to specify the border inspection posts designated for the control of such transits taking into account this Decision.

The levels set for lettuce and spinach should be reviewed and, if possible, reduced before 1 January 2002. This review will be based on monitoring carried out by the Member States and the application of codes of good agricultural practice in order to fix the maximum levels as low as reasonably achievable.

As regards the frontier posts and customs offices and services referred to in paragraph 1, and under the conditions laid down by the Contracting Parties, the competent authorities shall, if.15.3.2003 - EEA AGREEMENT - PROTOCOL 10 - p. 6 specifically requested during business hours and for sound reasons, provide for inspections and formalities to be carried out, as an exception, outside business hours, on condition that, where relevant, payment is made for services so rendered.

(1) The list of border inspection posts for veterinary checks on live animals and animal products from third countries, approved by Commission Decision 2001/881/EC fn which includes the Animo unit number for every border inspection post, should be updated to take account in particular of developments in certain Member States and of Community inspections.

For animals entering the Community which are exempt from the obligation to undergo identity and/or physical checks pursuant to Article 4(3) or Article 8(A)(I)(b)(ii) of Directive 91/496/EEC, where the documentary check is satisfactory, the official veterinarian at the border inspection post of entry into the Community shall notify the official veterinarian at the border inspection post of the place of destination.

Notwithstanding the provisions of Article 1, the level and organisation of physical checks to be carried out by each Member State, on entry into its territory at any border inspection or crossing point, on consignments of fresh bovine meat including offal, other than bison meat including offal, coming from or originating in the United States of America shall be as follows:

where animals are being exported to third countries and the travelling time within Community territory, exceeds eight hours, have the route plan certified, after checking, by. the competent authority of the authorized crossing point or of the point of exit designated by a Member State (stamps and signature), after the animals have been checked and judged by the official veterinarian to be fit to continue their journey.

(3) 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 fn, as corrected by OJ L 4, 9.1.2003, p. 24, is to be incorporated into the Agreement.

The maximum residue levels established in this Directive may have to be reviewed in the framework of the re-evaluation of active substances provided for in the programme of work established in Article 8(2) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(10), as last amended by Commission Directive 1999/80/EC(11).

`4. The Commission shall review the maximum levels for patulin laid down in points 2.3.1 and 2.3.2 of section 2 of Annex I by 30 June 2005 at the latest with a view to reducing them to take account of the progress in scientific and technological knowledge and the implementation of the ` Code of practice for the prevention and reduction of patulin contamination in apple juice and apple juice ingredients in other beverages` .`

On the basis of new scientific data and the results of controls carried out by the Member States to check compliance with the maximum levels of heavy metals and 3-MCPD in sections 3 and 4 of Annex I, the Commission shall proceed, every five years, and before 5 April 2003 for the first time, to a review of the maximum levels with the overall objective of ensuring a high level of consumer health protection.

whereas the levels may be changed to take account of new information and data and, in particular, should be urgently reconsidered with a view to reduction if concerns about dietary exposure of consumers, based on new or reviewed information, are brought to the attention of the Commission, in particular in implementation of Article 9 of Directive 86/362/EEC, Article 9 of Directive 86/363/EEC or Article 8 of Directive 90/642/EEC;

The list of border inspection posts for veterinary checks on live animals and animal products from third countries, approved by Commission Decision 2001/881/ EC (5), as amended by Decision 2002/455/EC (6), which includes the ANIMO unit number for every border inspection post, must be updated to take account in particular of developments in certain Member States and of Community inspections.

Vessels transporting registered horses from the port of Cape Town to a port in the European Union approved in accordance with Council Directive 91/496/EEC as a border inspection post for veterinary checks on registered horses, shall at no time between departure and arrival at destination call into a port situated on the territory or part of the territory of a third country not approved for imports into the European Union of equidae.

(1) 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.

The maximum residue levels set out in Annex D to this Directive are fixed on a temporary basis for acephate, methamidophos and vinclozolin, in advance of the adoption for all agricultural products of reviewed maximum residue levels for these three pesticides on the basis of the evaluation works on these active substances under the provisions of Article 8(2) of Directive 91/414/EEC, and before 30 April 2001 at the latest, for acephate and methamidophos and before 31 December 1999 at the latest for vinclozolin.

However, in case of transit of non-Community goods, the official body of point of entry may decide, in agreement with the official body or bodies of destination, that all or part of the "identity checks" or "plant health checks" shall be made by the official body of destination, either on its premises or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d).

On the basis of the results of controls carried out by the Member States to check compliance with the maximum levels of nitrates laid down in section 1 of Annex I, the reports with regard to the application and improvement of codes of good agricultural practice to reduce nitrate levels and the evaluation of the data on which the Member States have based their good agricultural practice, the Commission shall proceed, every five years, and before 1 January 2002 for the first time, to a review of the maximum levels with the overall objective of reducing the said levels.

Where the laboratory tests are carried out on the basis of suspicion of irregularity, available intelligence, a previous notification from the rapid alert system for food and feed (RASFF) or a safeguard measure, and when testing concerns a substance or a pathogenic agent which presents a direct or immediate animal or public health risk, the official veterinarian responsible for the border inspection post who carried out the test or the competent authority must withhold the consignment from veterinary clearance and release until satisfactory results of the laboratory tests are received.

"Inspection of border inspection posts