93/444/EEC: Commission Decision of 2 July 1993 on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries

• Articles: 7

Article 1

1. This Decision shall apply to the animals and products referred to in the first subparagraph of point (g) of Article 3 (1) of Directive 90/425/EEC.

2. For the purposes of this Decision,

(a) exist point means any place situated in close proximity to the external frontier of one of the territories listed in Annex I to Council Directive 90/675/EEC (5) offering customs supervision facilities;

(b) Member State of destination means the Member State where the exist point is situated.

Article 2

1. The Member States of origin shall ensure that each consignment of animals is accompanied by health certificates, as provided for in Article 3 (1) (d) of Directive 90/425/EEC, which contain, where necessary, the additional guarantees provided for by Community legislation for animals intended for slaughter.

2. Where incidents occur during transport or where the consignee third country refuses a consignment, the Member States of transit or destination may require, where they enjoy additional guarantees under Article 3 (1) (e) (iv) of Directive 90/425/EEC, may adopt all the measures provided for in Article 8 (1) (b) of Directive 90/425/EEC or may require that the animals be dispatched with a view to their slaughter to the nearest slaughterhouse.

Article 3

1. The Member States of origin shall ensure that each consignment of animals or products is accompanied by veterinary documents and/or veterinary certificates meeting the veterinary requirements of the third countries of destination.

2. However, by way of derogation from paragraph 1, where the competent authorities of the Member State of origin do not have the requisite information available, and particularly where there is no bilateral agreement between the Member State of origin and the third country of destination, the competent authority of the Member State of origin shall complete the certificates referred to in Article 4 by adding the entry 'Animals or products exported to (name of third country)'.

Article 4

The certificates referred to in Article 3 (1) (d) of Directive 90/425/EEC must:

- be drawn up in at least one of the languages of the Member State of origin and at least one of the languages of the Member State of destination,

- indicate, as consignee, the natural or legal person actually carrying out the exit formalities at the exit point,

- indicate, as place of destination, the exit point from the territory as defined (border inspection post or other exit point).

Article 5

1. The Animo message as provided for by Decision 91/637/EEC must include under the heading 'Observations' the name of the third country of destination.

2. The Animo message must be addressed to:

- the competent authority of the place of destination, that is, the border inspection post of exit or the local authority of the place in which the point of exit is situated, and

- the central authorities of the place of destination and of the Member State(s) of transit.

Article 6

The consignee within the meaning of the second indent of Article 4 is to be regarded as falling wihin the scope of Article 5 (1) (b) (iii) of Directive 90/425/EEC.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 2 July 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 29.

(2) OJ No L 62, 15. 3. 1993, p. 49.

(3) OJ No L 221, 9. 8. 1991, p. 30.

(4) OJ No L 343, 13. 12. 1991, p. 46.

(5) OJ No L 373, 31. 12. 1990, p. 1.