HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 24/14
EN
Official Journal of the European Union
27.1.2012
COMMISSION IMPLEMENTING DECISION
of 25 January 2012
on the rules applicable to veterinary checks to be carried out on live animals and products of
animal origin entering certain French overseas departments from third countries
(notified under document C(2012) 222)
(Only the French text is authentic)
(Text with EEA relevance)
(2012/44/EU)
THE EUROPEAN COMMISSION,
others, the French Republic. These rules require that
plans describing the nature of the checks to be carried
out have to be submitted to the Commission. These
Having regard to the Treaty on the Functioning of the European
plans must specify the checks carried out to prevent
Union,
products of animal origin being introduced into the
remote regions concerned being dispatched under any
circumstances to other parts of Union territory.
Having regard to Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organization
of veterinary checks on animals entering the Community
(4) Commission Regulation (EC) No 136/2004 of
from third countries and amending Directives 89/662/EEC,
22 January 2004 laying down procedures for veterinary
90/425/EEC and 90/675/EEC ( 1 ), and in particular Article 13
checks at Community border inspection posts on
thereof,
products imported from third countries
( 3 ) and
Commission Regulation (EC) No 282/2004 of
18 February 2004 introducing a document for the
Having regard to Council Directive 97/78/EC of 18 December
declaration of, and veterinary checks on, animals from
1997 laying down the principles governing the organisation of
third countries entering the Community ( 4 ) are detailing
veterinary checks on products entering the Community from
the procedures for notification of and the veterinary
third countries ( 2 ), and in particular Article 18 thereof,
checks on products of animal origin and live animals
and the Common Veterinary Entry Documents
(CVEDs), which have to be used to document the
Whereas:
results of the veterinary checks on such consignments.

(1) Directives
91/496/EEC
and
97/78/EC
detail
specific (5) The
French
authorities
have
submitted
respective
plans
to
requirements for veterinary checks on each consignment
the Commission for certain entry points located in the
of live animals and products of animal origin coming
French overseas departments Guadeloupe, Martinique and
from a third country and destined to the Union in a
French Guiana.
Union approved border inspection post (BIP).
(6)
The French plans demonstrate that all consignments of
(2) Article
13
of
Directive
91/496/EEC
permits
special
rules
live animals or products of animal origin are required be
for checks to be carried out on live animals imported for
presented for import at designated entry points in the
slaughter and intended for local consumption and of
departments, where they are subject to veterinary checks.
breeding or production animals, for use in remote
The plans demonstrate that when implemented the
parts of Member States. These rules require that plans
dispatch of consignments into other parts of Union
describing the nature of the checks to be carried out
territory, which do not comply with the requirements
have to be submitted to the Commission. These plans
of relevant Union legislation, is effectively prevented.
must specify the checks carried out to prevent animals
This is achieved by the stamping on the CVEDs of live
introduced into the remote regions concerned or
animals or products of animal origin approved for
products derived from those animals being dispatched
import into the departments that they are restricted for
under any circumstances to other parts of Union
use only in the territory of the relevant department.
territory.
Importers are informed that it is not possible to
dispatch these live animals, products derived from
them, or products of animal origin to other parts of
(3)
Article 18 of Directive 97/78/EC permits special rules for
Union territory and the competent authorities of the
checks to be carried out on products of animal origin
French overseas departments monitor this requirement
imported for local use in remote parts of, amongst
when approving intra-trade certificates.
( 1 ) OJ L 268, 24.9.1991, p. 56.
( 3 ) OJ L 21, 28.1.2004, p. 11.
( 2 ) OJ L 24, 30.1.1998, p. 9.
( 4 ) OJ L 49, 19.2.2004, p. 11.

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EN
27.1.2012 Official
Journal
of
the
European
Union L
24/15
(7) The
French
plans
detail
as
well
the
infrastructure
of
the
be identified and the requirements for their operation
facilities with sufficient large premises allowing for
should be specified in this Decision.
hygienic sampling and the equipment necessary to
carry out the veterinary checks required to verify that
Union public and animal health requirements for live
(13) The
measures provided for in this Decision are in
animals and products of animal origin are being met.
accordance with the opinion of the Standing
In addition, there are premises and cold stores for
Committee on the Food Chain and Animal Health,
storage of consignments sampled, detained or inspected
in place and additionally, for live animals, appropriate
facilities to house them pending the results of any
checks carried out.
HAS ADOPTED THIS DECISION:
Article 1
(8) The
French
plans
detail
that
sufficient
numbers
of For the purposes of Article 13 of Directive 91/496/EEC and
veterinary and technical staff are available to carry out
Article 18 of Directive 97/78/EC, the authorised entry points
the veterinary checks as provided for by Articles 4 of
in the French overseas departments Guadeloupe, Martinique and
Directives 91/496/EEC and 97/78/EC and in accordance
French Guiana shall be as listed in the Annex to this Decision.
with provisions set out in Annex I to Regulation (EC) No
136/2004 and in Regulation (EC) No 282/2004.
Article 2
1. Each
entry
point
listed
in
the
Annex
shall
be
under
the
(9) While
in
general
veterinary
checks
have
to
be
carried
out responsibility of a competent authority with official veter
on all consignments of products of animal origin,
inarians and designated technicians at its disposal, if necessary.
Article 10 of Directive 97/78/EC allows for the
reduction of the frequency of physical checks on
certain products of animal origin, which are listed
2. Each
entry
point
shall
have
all
the
facilities,
equipment
together with the relevant frequency for physical checks
and staff necessary to carry out veterinary checks on
in Annexes I and II to Commission Decision 94/360/EC
consignments of live animals or products of animal origin
of 20 May 1994 on the reduced frequency of physical
they are designated to receive.
checks of consignments of certain products to be imple
mented from third countries, under Council Directive
90/675/EEC ( 1 ). To be consistent with the veterinary
checks at Union borders, these reduced frequencies may
Article 3
be applied for the veterinary consignments destined to
The importer or his representative must:
the three French overseas departments.
(1) notify the competent authority responsible for the entry
point before the physical arrival of the consignment of
(10) The
Union’s
Trade
Control
and
Expert
System
(Traces)
set
up by Commission Decision 2004/292/EC of 30 March
products using the first part of the CVED in accordance
2004 on the introduction of the Traces system (
with Article 2 of Regulation (EC) No 136/2004 and using

2 )
provides that Member States are to introduce and start
the Traces system in accordance with Article 3 of Decision
using Traces in particular for consignments of live
2004/292/EC;
animals and products of animal origin coming from
non-Union countries.
(2) give one working day’s notice to the competent authority
where live animals are to be presented specifying the
number, nature and estimated time of arrival and using
(11) The use of the Traces system for imports of live animals
the first part of the CVED in accordance with Article 1 of
and products of animal origin requires the issue of a
Regulation (EC) No 282/2004 and using the Traces system
CVED for each consignment presented for introduction.
in accordance with Article 3 of Decision 2004/292/EC;
These documents should be used to ensure that such
imported consignments of live animals, or products of
animal origin are not dispatched to other parts of the
(3) keep a register approved by the competent authority
Union territory and are for local use only.
showing the quantities of products or animals imported
and the name and address of the purchaser(s);
(12) The
entry
points
in
the
French
overseas
departments
(4) inform the purchaser(s) that the products derived from the
Guadeloupe, Martinique and French Guiana should thus
animals or products of animal origin imported are for local
consumption only and for breeding and production animals
( 1 ) OJ L 158, 25.6.1994, p. 41.
they must not be dispatched under any circumstances to
( 2 ) OJ L 94, 31.3.2004, p. 63.
other territories of the Union;

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L 24/16
EN
Official Journal of the European Union
27.1.2012
(5) inform the purchaser(s) that, in the case of resale, the
5. The official veterinarian shall make regular inspections of
purchaser(s) must inform the new purchaser(s) where the
the places of housing/storage of the imported animals or
latter is a commercial operator that the products are for
products of animal origin to verify that public and animal
local consumption only and for breeding and production
health requirements are maintained and the consignments are
animals they must not under any circumstances be
not dispatched to other parts of the Union territory.
dispatched to other parts of the Union territory.
Article 5
Article 4
The provisions laid down in Directive 91/496/EEC, except those
1. The
official
veterinarian,
assisted
by
designated
technicians in Article 6, and in Directive 97/78/EC, except those in
shall carry out the checks at the entry points listed in the Annex
Article 6, shall continue to apply.
to this Decision in accordance with Articles 4 of Directive
91/496/EEC and 97/78/EC and in accordance with provisions
Article 6
set out in Annex I to Regulation (EC) No 136/2004 and in
Regulation (EC) No 282/2004.
The French authorities shall take the appropriate administrative
or penal measures against any infringements of this Decision
committed by a natural or legal person.
2. Physical
checks
may
be
carried
out
on
certain
products
of
animal origin in the frequency set out in Annexes I and II to
Decision 94/360/EC.
Article 7
This Decision shall enter into force on the 1 March 2012.
3. The
official
veterinarians
shall
ensure
that
all
data
contained in the CVED for live animals and products of
Article 8
animal origin presented for import is entered into the Traces
system in accordance with Article 3(2) of Decision
The Decision is addressed to the French Republic.
2004/292/EC.
4. The
official
veterinarians
shall
ensure
that
after
the Done at Brussels, 25 January 2012.
veterinary checks are carried out, the relevant CVED issued is
stamped to indicate that the animals or products of animal
For the Commission
origin may only be for local use and must not under any
circumstances be dispatched to other parts of the Union
John DALLI
territory.
Member of the Commission

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EN
27.1.2012 Official
Journal
of
the
European
Union L
24/17
ANNEX
LIST OF AUTHORISED ENTRY POINTS
1
2
3
4
5
Guadeloupe — port de Baie-Mahault FR09600
P HC,
NHC
Guadeloupe — aéroport des Abymes FR09600
A HC,
NHC-NT
Martinique — port de Fort-de-France FR09700
P HC,
NHC-T(CH),
NHC-NT
Martinique — aéroport Aimé Césaire FR09700
A
HC-T(CH), HC-NT, NHC-T(CH), NHC-NT O,
E
French Guiana — St Georges de l’Oyapock FR09800
R HC,
NHC
O
Notes and abbreviations:
1 = Name
2 = Traces Code of the Local Veterinary Unit
3 = Type: A = Airport, P = Port, R = Road
4 = Products:
HC =
All
products
for
human
consumption
NHC = Other products not for human consumption
NT =
No
temperature
requirements
T =
Frozen/Chilled
products
T(FR) = Frozen products
T(CH) = Chilled products
5 = Live animals:
E = Registered equidae as defined in Directive 90/426/EEC ( 1 )
O = Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and
domestic solipeds)
( 1 ) Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries
of equidae (OJ L 224, 18.8.1990, p. 42).

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