HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 90/50
EN
Official Journal of the European Union
6.4.2011
COMMISSION IMPLEMENTING DECISION
of 4 April 2011
implementing Council Directive 97/78/EC as regards transhipment at the border inspection post of
introduction of consignments of products intended for import into the Union or for third countries
(notified under document C(2011) 2067)
(Text with EEA relevance)
(2011/215/EU)
THE EUROPEAN COMMISSION,
the consignments and to the duration of the storage of
the consignments during the transhipment process at the
border inspection post of arrival.
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Council Directive 97/78/EC of 18 December
(5) That
duration
is
determined
by
reference
to
a
minimum
and a maximum period for such storage, which are to be
1997 laying down the principles governing the organisation of
determined in accordance with the procedure referred to
veterinary checks on products entering the Community from
in Directive 97/78/EC.
third countries (


1 ), and in particular Articles 9(2) and 11(4)
thereof,
Whereas:
(6) Commission
Decision
2000/25/EC
of
16
December
1999 establishing the detailed rules for the application
of Article 9 of Council Directive 97/78/EC concerning
(1) Directive
97/78/EC
provides
that
veterinary
checks
on
the transhipment of products at a Border Inspection Post
products of animal origin and on certain plant
where the consignments are intended for eventual import
products from third countries introduced into the
into the European Community, and amending
Union are to be carried out by Member States in
Commission Decision 93/14/EEC
( 2 ) currently lays
accordance with that Directive. It also provides that
down the minimum and maximum periods applicable
Member States are to ensure that consignments of such
in cases where the consignments are intended for
products are introduced into the Union via a border
import into the Union via another border inspection
inspection post.
post situated in the same territory or situated in the
territory of another Member State.
(2) Article 9 of Directive 97/78/EC provides for the
procedures to be carried out at the border inspection
post of introduction in the case of consignments
intended for import into the Union via another border
(7)
Decision 2000/25/EC it is not entirely clear as regards
inspection post, but which are transhipped at the border
the scope of the rules concerning consignments being
inspection post of introduction, within the customs area
transhipped from one aircraft to another or from one
of the same port or airport in the Union.
vessel to another within the customs area of the same

port or airport to transit to a third country either
without further stop on the territory of the Union or
via the territory of the Union. It is therefore necessary
(3) Article
11
of
Directive
97/78/EC
concerns
consignments
to lay down rules in this Decision, to clarify the
coming from a third country and which are transhipped
provisions already set out in Decision 2000/25/EC,
at the border inspection post of arrival, within the
including rules on the relevant minimum periods.
customs area of the same port or airport in the Union
but which are intended for another third country either
via the territory of the Union via another border
inspection post or directly to a third country without
introduction at another border inspection post.
(8) In
order
to
safeguard
public
and
animal
health,
the
official veterinarian at the border inspection post of
introduction should receive appropriate information in
(4) In
addition,
Articles
9
and
11
of
Directive
97/78/EC
the case of consignments covered by Articles 9 and 11
provide for a number of derogations from the general
of Directive 97/78/EC. It is therefore appropriate to lay
rules on veterinary checks performed at the border
down rules on the information to be provided by the
inspection post of introduction. Those derogations have
person responsible for the load at the time of arrival of a
a different scope and are linked to the final destination of
consignment at the border inspection post.
( 1 ) OJ L 24, 30.1.1998, p. 9.
( 2 ) OJ L 9, 13.1.2000, p. 27.

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EN
6.4.2011 Official
Journal
of
the
European
Union L
90/51
(9) The
minimum
period
after
which
veterinary
checks
must (c) the exact location of the consignment, if it is not loaded
be carried out on consignments which are transhipped
directly on the aircraft or vessel to the onward destination;
from one vessel to another in the same port and which
are intended for import or for transit to third countries
as foreseen in Articles 9 and 11 of Directive 97/78/EC is
(d) the estimated time of loading of the consignment on the
seven days.
aircraft or vessel bound to the onward destination.
That notification shall be made at the time of arrival of the
(10) For
consignments
which
are
transhipped
from
one
vessel
consignment at the border inspection post and by a means
to another in the same port at the border inspection post
fixed by the competent authority.
of arrival and which are intended directly for a third
country without further stop on the territory of the
Union, the animal and public health risks for the
Article 2
Union are reduced, since the contact of the consignments
with the territory of the Union is limited. In such cases, it
1. The
minimum
period
provided
for
in
Article
9(1)(b)(i)
of
may be appropriate to extend the minimum period
Directive 97/78/EC shall be:
referred to in Articles 9 and 11 of Directive 97/78/EC.
(a) 12 hours for an airport;
(11) That
extension
should
be
subject
to
appropriate
guar
antees from the Member State of the border inspection
(b) seven days for a port.
post of arrival. In particular, that Member State should
ensure that such consignments are prevented from
moving to another Union port and that they are
2. The
maximum
period
provided
for
in
Article
9(1)(b)(i)
of
dispatched directly to a third country. In addition, that
Directive 97/78/EC shall be:
Member State should provide the Commission and the
other Member States with appropriate information
(a) 48 hours for an airport;
concerning those guarantees, including information on
the monitoring system to ensure that time periods and
onward transportation arrangements to a specific destin-
(b) 20 days for a port.
ation as indicated in the notification of the consignment
are respected.
Article 3
1. For
the
purposes
of
the
application
of
Article
11
of
(12) In addition, it is important to specify that consignments
Directive 97/78/EC, the minimum period provided for in
must be submitted to the full range of veterinary checks
Article 9(1)(a) of that Directive shall be:
laid down in Directive 97/78/EC after the expiry of the
maximum periods laid down in this decision.
(a) 12 hours for an airport;
(13) In the interests of clarity and consistency of Union legis
lation, it is appropriate to repeal Decision 2000/25/EC
(b) seven days for a port.
and replace it by this Decision.
2. For the purposes of the application of Article 11(1) of
Directive 97/78/EC and of the second indent of
(14) The
measures provided for in this Decision are in
Article 11(2)(b) of that Directive, Member States may extend
accordance with the opinion of the Standing
the minimum period laid down in paragraph 1(b) of this Article
Committee on the Food Chain and Animal Health,
to 14 days, provided that:
HAS ADOPTED THIS DECISION:
(a) the consignments come from a third country and are
intended for another third country without any further
stop on the territories listed in Annex I to Directive
Article 1
97/78/EC;
Where consignments are presented at a border inspection post
for subsequent transhipment, the person responsible for the
(b) the consignments are transhipped from one vessel to
load shall notify the official veterinarian at that border
another at the border inspection post within the customs
inspection post of the following:
area of the same port of the Union;
(a) the estimated time of unloading of the consignment;
(c) the Member State concerned presents a detailed justification
to the Commission and the other Member States in the
framework of the Standing Committee on the Food Chain
(b) the border inspection post of destination in the Union in
and Animal Health, which specifies that they have taken all
case of import or transit through the Union or the third
the measures necessary to prevent such consignments from
country of destination in case of transit directly to a third
being moved to another Union port instead of being
country;
transhipped directly to a third country.

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L 90/52
EN
Official Journal of the European Union
6.4.2011
Those measures shall include a monitoring system to ensure
Article 6
that the time periods and the onward destination as
indicated in notification provided for in Article 1 are
This decision shall apply from 1 May 2011.
respected.
Article 7
Article 4
This Decision is addressed to the Member States.
In cases where the maximum period laid down in Article 2(2)
has elapsed, the consignment shall be submitted to the identity
Done at Brussels, 4 April 2011.
and physical checks as provided for in Article 4 of Directive
97/78/EC, at the border inspection post of introduction.
For the Commission
Article 5
John DALLI
Decision 2000/25/EC is repealed.
Member of the Commission

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