Pending: 31994D0262

                                January 16, 2026                            

Having regard to the Treaties establishing the European Communities, and in particular Article 138e (4) of the Treaty establishing the European Community Article 20d (4) of the Treaty establishing the European Community, Article 107d (4) of the Treaty  establishing the European Atomic Energy Community,  Having regard to the opinion of the Commission,  Having regard to the Council’s approval,  Whereas the regulations and general conditions governing the performance of the Ombudsman’s duties should be laid down, in compliance with the provisions of the Treaties establishing the European Communities;  Whereas the conditions under which a complaint may be referred to the Ombudsman should be established as well as the relationship between the performance of the duties of Ombudsman and legal or administrative proceedings;  Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request,  with any information which he requests of them, unless there are duly substantial grounds for secrecy, and without prejudice to the ombudsman’s obligation not to divulge such information; whereas the Member States’ authorities are obliged to provide the  Ombudsman with all necessary information save where such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he  shall inform the European Parliament, which shall make appropriate representtions;  Whereas it is necessary to lay down the procedures to be followed where the Ombudsman’s enquiries reveal cases of maladministration; whereas provision should also be made for the submission of a comprehensive report by the Ombudsman to the European  Parliament at the end of each annual session;  Whereas the Ombudsman and his staff are obliged to treat in confidence any information which they have acquired in the course of their duties; whereas the Ombudsman is, however, obliged to inform the competent authorities of facts which he considers  might relate to criminal law and which have come to this attention in the course of his enquiries;  Whereas provision should be made for the possibility of cooperation between the Ombudsman and authorities of the same type in certain Member States, in compliance with the national laws applicable;  Whereas it is for the European Parliament to appoint the Ombudsman at the beginning of its mandate and for the duration thereof, choosing him from among persons who are Union citizens and offer every requisite guarantee of independence and competence;  Whereas conditions should be laid down for the cessation of the Ombudsman’s duties;  Whereas the Ombudsman must perform his duties with complete independence and give a solemn undertaking before the Court of Justice of the European Communities that he will do so when taking up his duties; whereas activities incompatible with the duties  of Ombudsman should be laid down as should the renumeration, privileges and immunities of the Ombudsman;  Whereas provisions should be laid down regarding the officials and servants of the Ombudsman’s secretariat which will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the European Parliament;  Whereas it is for the Ombudsman to adopt the implementing provisions for this Decision; whereas furthermore certain transitional provisions should be laid down for the first Ombudsman to be appointed after the entry into force of the Treaty on European  Union,  HAS DECIDED AS FOLLOWS:
Article 1

1. The regulations and general conditions governing the performance of the Ombudsman’s duties shall be as laid down by this Decision in accordance with Article 138e (4) of the Treaty establishing the European Community, Article 20d (4) of the  Treaty establishing the European Coal and Steel Community and Article 107d (4) of the Treaty establishing the European Atomic Energy Community.

2. The Ombudsman shall perform his duties in accordance with the powers conferred on the Community institutions and bodies by the Treaties.

3. The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling.
Article 2

1. Within the framework of the aformentioned Treaties and the conditions laid down therein, the Ombudsman shall help to uncover maladaministration in the activities of the Community institutions and bodies, with the exception of the Court of  Justice and the Court of First Instance acting in their judicial role, and make recommendations with a view to putting an end to it. No action by any other authority or person may be the subject of a complaint to the Ombudsman.

2. Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State of the Union may, directly or through a Member of the European Parliament, refer a complaint to the Ombudsman in respect of an instance  of maladministration in the activities of Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. The Ombudsman shall inform the institution or body concerned as soon as  a complaint is referred to him.

3. The complaint must allow the person lodging the complaint and the object of the complaint to be identified; the person lodging the complaint may request that his complaint remain confidential.

4. A complaint shall be made within two years of the date on which the facts on which it is based came to the attention of the person lodging the complaint and must be preceded by the appropriate administrate approaches to the institutions and bodies  concerned.

5. The Ombudsman may advise the person lodging the complaint to address it to another authority.

6. Complaints submitted to the Ombudsman shall not affect time limits for appeals in administrative or judicial proceedings.

7. When the Ombudsman, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or terminate consideration of it, the outcome of any enquiries he has carried out up  to that point shall be filed without further action.

8. No complaint may be made to the Ombudsman that concerns work relationships between the Community institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and  complaints, in particular the procedures referred to in Article 90 (1) and (2) of the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority thus petitioned have expired.

9. The Ombudsman shall as soon as possible inform the person lodging the complaint of the action he has taken on it.
Article 3

1. The Ombudsman shall, on his own initiative or following a complaint, conduct all the enquiries which he considers justified to clarify any suspected maladministration in the activities of Community institutions and bodies. He shall inform  the institution or body concerned of such action, which may submit any useful comment to him.

2. The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested of them and give him access to the files concerned. They may refuse only on duly substantial grounds of secrecy.

They shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement.

They shall give access to other documents originating in a Member State after having informed the Member State concerned. In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.

Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall speak on behalf of and in accordance with instructions from their administrations and shall continue to be found by their duty of  professional secrecy.

3. The Member States’ authorities shall be obliged to provide the Ombudsman, whenever he may so request, via the Permanent Representations of the Member States to the European Communities, with any information that may help to clarify instances of  maladministration by Community institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the  Ombudsman to have this information provided that he undertakes not to divulge it.

4. If the assistance which he requests is not forthcoming, the Ombudsman shall inform the European Parliament, which shall make appropriate representations.

5. As far as possible, the Ombudsman shall seek a solution with the institution or body concerend to eliminate the instance of maldadministration and satisfy the complaint.

6. If the Ombudsman finds there has been maladministration, he shall inform the institution or body concerned, where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsman a detailed opinion within three  months.

7. The Ombudsman shall then send a report to the European Parliament and to the institution or body concerned. He may make recommendations in his report. The person lodging the complaint shall be informed by the Ombudsman of the outcome of the  inquiries, of the opinion expressed by the institution or body concerned and of any recommendations made by the Ombudsman.

8. At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the outcome of his inquiries.
Article 4

1. The Ombudsman and his staff, to whom Article 214 of the Treaty establishing the European Community, Article 47 (2) of the Treaty establishing the European Coal and Steel Community and Article 194 of the Treaty establishing the European  Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall also be required to treat in confidence any inforamtion which could harm the person lodging the  complaint or any other person involved, without prejudice to paragraph 2.

2. If, in the course of inquiries, he learns of facts which he considers might relate to criminal law, the Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the Member States to the European  Communities and, if appropriate, the Community institution with authority over the official or servant concerned, which may apply the second paragraph of Aticle 18 of the Protocol on the Privileges and Immunities of the European Communities. The  Ombudsman may also inform the Community institution or body concerned of the facts calling into question the conduct of a member of their staff from a disciplinary point of view.
Article 5

Insofar as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided  he complies with the national law applicable. The Ombudsman may not by this means demand to see documents to which he would not have access under Article 3.
Article 6

1. The Ombudsman shall be appointed by the European Parliament after each election to the European Parliament for the duration of the parliamentary term. He shall be eligible for reappointment.

2. The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political rights, offer every guarantee of independence, and meet the conditions required for the exercice of the highest judicial office in their country or  have the acknowledgement competence and experience to undertake the duties of Ombudsman.
Article 7

1. The Ombudsman shall cease to exercise his duties either at the end of this term of office or on his resignation or dismissal.

2. Save in the event of his dismissal, the Ombudsman shall remain in office until his successor has been appointed.

3. In the event of early cessation of duties, a successor shall be appointed within three months of the office’s falling vacant for the remainder of the parliamentary term.
Article 8

An Ombudsman who no longer fulfils the conditions required for the performance of his duties or is guilty of serious misconduct may be dismissed by the Court of Justice of the European Communities at the request of the European Parliament.
Article 9

1. The Ombudsman shall perform his duties with complete independence, in the general interest of the Communities and of the ciitzens of the Union. In the performance of his duties he shall neither seek nor accept instructions from any  government or other body. He shall refrain from any act incompatible with the nature of his duties.

2. When taking up his duties, the Ombudsman shall give a solemn undertaking before the Court of Justice of the European Communities that he will perform his duties with complete independence and impartiality and that during and after his term of office  he will respect the obligations arising therefrom, in particular his duty to behalve with integrety and discretion as regards the acceptance, after he has ceased to hold office, of certain appointments or benefits.
Article 10

1. During his term of office, the Ombudsman may not engage in any other political or administrative duties, or any other occupation, whether gainful or not.

2. The Ombudsman shall have the same rank in terms of remuneration, allowances and pension as a judge at the Court of Justice of the European Communities.

3. Articles 12 to 15 and Article 18 of the Protocol on the Privileges and Immunities of the European Communities shall apply to the Ombudsman and to the officials and servants of his secretariat.
Article 11

1. The Ombudsman shall be assisted by a secretariat, the principal officer of which he shall appoint.

2. The officials and servants of the Ombudsman’s secretariat shall be subject to the rules and regulations applicable to officials and other servants of the European Communities. Their number shall be adopted each year as part of the budgetary procedure  (1).

3. Servants of the European Communities and of the Member States appointed to the Ombudsman’s secretariat shall be seconded in the interests of the service and guaranteed automatic reinstatement in their institution of origin.

4. In matters concerning his staff, the Ombudsman shall have the same status as the institutions within the meaning of Article 1 of the Staff Regulations of Officials of the European Communities.
Article 12

The Ombudsman’s budget shall be annexed to section I (Parliament) of the general budget of the European Communities.
Article 13

The seat of the Ombudsman shall be that of the European Parliament (2).
Article 14

The Ombudsman shall adopt the implementing provisions for this Decision.
Article 15

The first Ombudsman to be appointed after the entry into force of the Treaty on European Union shall be appointed for the remainder of the parliamentary term.
Article 16

The European Parliament shall make provision in its budget for the staff and material facilities required by the first Ombudsman to perform his duties as soon as he is appointed.
Article 17

This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the date of its publication.

Done at Strasbourg, 9 March 1994.

For the European Parliament

The President

Egon KLEPSCH

(1) A joint statement by the three institutions will set out guiding principles for the number of staff employed by the Ombudsman and the status as temporary or contract staff of those carrying out enquiries.

(2) See Decision taken by common agreement between the Representatives of the Governments of the Member States on the location of the seats of the institutions and of certain bodies and departments of the European Communities (OJ No C 341, 23. 12. 1992,  p. 1).
Having regard to the Treaties establishing the European Communities, and in particular Article 138e (4) of the Treaty establishing the European Community Article 20d (4) of the Treaty establishing the European Community, Article 107d (4) of the Treaty  establishing the European Atomic Energy Community,  Having regard to the opinion of the Commission,  Having regard to the Council’s approval,  Whereas the regulations and general conditions governing the performance of the Ombudsman’s duties should be laid down, in compliance with the provisions of the Treaties establishing the European Communities;  Whereas the conditions under which a complaint may be referred to the Ombudsman should be established as well as the relationship between the performance of the duties of Ombudsman and legal or administrative proceedings;  Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request,  with any information which he requests of them, unless there are duly substantial grounds for secrecy, and without prejudice to the ombudsman’s obligation not to divulge such information; whereas the Member States’ authorities are obliged to provide the  Ombudsman with all necessary information save where such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he  shall inform the European Parliament, which shall make appropriate representtions;  Whereas it is necessary to lay down the procedures to be followed where the Ombudsman’s enquiries reveal cases of maladministration; whereas provision should also be made for the submission of a comprehensive report by the Ombudsman to the European  Parliament at the end of each annual session;  Whereas the Ombudsman and his staff are obliged to treat in confidence any information which they have acquired in the course of their duties; whereas the Ombudsman is, however, obliged to inform the competent authorities of facts which he considers  might relate to criminal law and which have come to this attention in the course of his enquiries;  Whereas provision should be made for the possibility of cooperation between the Ombudsman and authorities of the same type in certain Member States, in compliance with the national laws applicable;  Whereas it is for the European Parliament to appoint the Ombudsman at the beginning of its mandate and for the duration thereof, choosing him from among persons who are Union citizens and offer every requisite guarantee of independence and competence;  Whereas conditions should be laid down for the cessation of the Ombudsman’s duties;  Whereas the Ombudsman must perform his duties with complete independence and give a solemn undertaking before the Court of Justice of the European Communities that he will do so when taking up his duties; whereas activities incompatible with the duties  of Ombudsman should be laid down as should the renumeration, privileges and immunities of the Ombudsman;  Whereas provisions should be laid down regarding the officials and servants of the Ombudsman’s secretariat which will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the European Parliament;  Whereas it is for the Ombudsman to adopt the implementing provisions for this Decision; whereas furthermore certain transitional provisions should be laid down for the first Ombudsman to be appointed after the entry into force of the Treaty on European  Union,  HAS DECIDED AS FOLLOWS:
1. The regulations and general conditions governing the performance of the Ombudsman’s duties shall be as laid down by this Decision in accordance with Article 138e (4) of the Treaty establishing the European Community, Article 20d (4) of the  Treaty establishing the European Coal and Steel Community and Article 107d (4) of the Treaty establishing the European Atomic Energy Community.

2. The Ombudsman shall perform his duties in accordance with the powers conferred on the Community institutions and bodies by the Treaties.

3. The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling.
1. Within the framework of the aformentioned Treaties and the conditions laid down therein, the Ombudsman shall help to uncover maladaministration in the activities of the Community institutions and bodies, with the exception of the Court of  Justice and the Court of First Instance acting in their judicial role, and make recommendations with a view to putting an end to it. No action by any other authority or person may be the subject of a complaint to the Ombudsman.

2. Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State of the Union may, directly or through a Member of the European Parliament, refer a complaint to the Ombudsman in respect of an instance  of maladministration in the activities of Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. The Ombudsman shall inform the institution or body concerned as soon as  a complaint is referred to him.

3. The complaint must allow the person lodging the complaint and the object of the complaint to be identified; the person lodging the complaint may request that his complaint remain confidential.

4. A complaint shall be made within two years of the date on which the facts on which it is based came to the attention of the person lodging the complaint and must be preceded by the appropriate administrate approaches to the institutions and bodies  concerned.

5. The Ombudsman may advise the person lodging the complaint to address it to another authority.

6. Complaints submitted to the Ombudsman shall not affect time limits for appeals in administrative or judicial proceedings.

7. When the Ombudsman, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or terminate consideration of it, the outcome of any enquiries he has carried out up  to that point shall be filed without further action.

8. No complaint may be made to the Ombudsman that concerns work relationships between the Community institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and  complaints, in particular the procedures referred to in Article 90 (1) and (2) of the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority thus petitioned have expired.

9. The Ombudsman shall as soon as possible inform the person lodging the complaint of the action he has taken on it.
1. The Ombudsman shall, on his own initiative or following a complaint, conduct all the enquiries which he considers justified to clarify any suspected maladministration in the activities of Community institutions and bodies. He shall inform  the institution or body concerned of such action, which may submit any useful comment to him.

2. The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested of them and give him access to the files concerned. They may refuse only on duly substantial grounds of secrecy.

They shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement.

They shall give access to other documents originating in a Member State after having informed the Member State concerned. In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.

Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall speak on behalf of and in accordance with instructions from their administrations and shall continue to be found by their duty of  professional secrecy.

3. The Member States’ authorities shall be obliged to provide the Ombudsman, whenever he may so request, via the Permanent Representations of the Member States to the European Communities, with any information that may help to clarify instances of  maladministration by Community institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the  Ombudsman to have this information provided that he undertakes not to divulge it.

4. If the assistance which he requests is not forthcoming, the Ombudsman shall inform the European Parliament, which shall make appropriate representations.

5. As far as possible, the Ombudsman shall seek a solution with the institution or body concerend to eliminate the instance of maldadministration and satisfy the complaint.

6. If the Ombudsman finds there has been maladministration, he shall inform the institution or body concerned, where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsman a detailed opinion within three  months.

7. The Ombudsman shall then send a report to the European Parliament and to the institution or body concerned. He may make recommendations in his report. The person lodging the complaint shall be informed by the Ombudsman of the outcome of the  inquiries, of the opinion expressed by the institution or body concerned and of any recommendations made by the Ombudsman.

8. At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the outcome of his inquiries.
1. The Ombudsman and his staff, to whom Article 214 of the Treaty establishing the European Community, Article 47 (2) of the Treaty establishing the European Coal and Steel Community and Article 194 of the Treaty establishing the European  Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall also be required to treat in confidence any inforamtion which could harm the person lodging the  complaint or any other person involved, without prejudice to paragraph 2.

2. If, in the course of inquiries, he learns of facts which he considers might relate to criminal law, the Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the Member States to the European  Communities and, if appropriate, the Community institution with authority over the official or servant concerned, which may apply the second paragraph of Aticle 18 of the Protocol on the Privileges and Immunities of the European Communities. The  Ombudsman may also inform the Community institution or body concerned of the facts calling into question the conduct of a member of their staff from a disciplinary point of view.
Insofar as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided  he complies with the national law applicable. The Ombudsman may not by this means demand to see documents to which he would not have access under Article 3.
1. The Ombudsman shall be appointed by the European Parliament after each election to the European Parliament for the duration of the parliamentary term. He shall be eligible for reappointment.

2. The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political rights, offer every guarantee of independence, and meet the conditions required for the exercice of the highest judicial office in their country or  have the acknowledgement competence and experience to undertake the duties of Ombudsman.
1. The Ombudsman shall cease to exercise his duties either at the end of this term of office or on his resignation or dismissal.

2. Save in the event of his dismissal, the Ombudsman shall remain in office until his successor has been appointed.

3. In the event of early cessation of duties, a successor shall be appointed within three months of the office’s falling vacant for the remainder of the parliamentary term.
An Ombudsman who no longer fulfils the conditions required for the performance of his duties or is guilty of serious misconduct may be dismissed by the Court of Justice of the European Communities at the request of the European Parliament.
1. The Ombudsman shall perform his duties with complete independence, in the general interest of the Communities and of the ciitzens of the Union. In the performance of his duties he shall neither seek nor accept instructions from any  government or other body. He shall refrain from any act incompatible with the nature of his duties.

2. When taking up his duties, the Ombudsman shall give a solemn undertaking before the Court of Justice of the European Communities that he will perform his duties with complete independence and impartiality and that during and after his term of office  he will respect the obligations arising therefrom, in particular his duty to behalve with integrety and discretion as regards the acceptance, after he has ceased to hold office, of certain appointments or benefits.
1. During his term of office, the Ombudsman may not engage in any other political or administrative duties, or any other occupation, whether gainful or not.

2. The Ombudsman shall have the same rank in terms of remuneration, allowances and pension as a judge at the Court of Justice of the European Communities.

3. Articles 12 to 15 and Article 18 of the Protocol on the Privileges and Immunities of the European Communities shall apply to the Ombudsman and to the officials and servants of his secretariat.
1. The Ombudsman shall be assisted by a secretariat, the principal officer of which he shall appoint.

2. The officials and servants of the Ombudsman’s secretariat shall be subject to the rules and regulations applicable to officials and other servants of the European Communities. Their number shall be adopted each year as part of the budgetary procedure  (1).

3. Servants of the European Communities and of the Member States appointed to the Ombudsman’s secretariat shall be seconded in the interests of the service and guaranteed automatic reinstatement in their institution of origin.

4. In matters concerning his staff, the Ombudsman shall have the same status as the institutions within the meaning of Article 1 of the Staff Regulations of Officials of the European Communities.
The Ombudsman’s budget shall be annexed to section I (Parliament) of the general budget of the European Communities.
The seat of the Ombudsman shall be that of the European Parliament (2).
The Ombudsman shall adopt the implementing provisions for this Decision.
The first Ombudsman to be appointed after the entry into force of the Treaty on European Union shall be appointed for the remainder of the parliamentary term.
The European Parliament shall make provision in its budget for the staff and material facilities required by the first Ombudsman to perform his duties as soon as he is appointed.
This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the date of its publication.

Done at Strasbourg, 9 March 1994.

For the European Parliament

The President

Egon KLEPSCH

(1) A joint statement by the three institutions will set out guiding principles for the number of staff employed by the Ombudsman and the status as temporary or contract staff of those carrying out enquiries.

(2) See Decision taken by common agreement between the Representatives of the Governments of the Member States on the location of the seats of the institutions and of certain bodies and departments of the European Communities (OJ No C 341, 23. 12. 1992,  p. 1).

Pending: 31993D0389

                                January 16, 2026                            

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to the proposal of the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the 1973 (3), 1977 (4), and 1983 (5) Community action programmes on the environment stress the importance of the reduction and prevention of atmospheric pollution; whereas, in addition, the 1987 (6) action programme emphasizes the importance for  Community action to concentrate as a priority on the reduction at source of such pollution; whereas the 1993 Community programme of policy and action in relation to the environment and sustainable development has as one of its principal themes climate  change and outlines the need for action in the relevant economic sectors so that CO2 and other greenhouse gas emissions are controlled;  Whereas the Council resolution of 16 September 1986 concerning new Community energy policy objectives for 1995 and convergence of the policies of the Member States (7) calls for a search for balanced solutions as regards energy and the environment;  Whereas, at its meeting in Dublin in June 1990, the European Council urged the adoption as soon as possible of targets and strategies for limiting emissions of greenhouse gases;  Whereas, at their meeting on 29 October 1990, the Council (Environment and Energy Ministers) agreed that the Community and Member States, assuming that other leading countries undertook similar commitments, and acknowledging the targets identified by a  number of Member States for stabilizing or reducing emissions by different dates, were willing to take actions aimed at reaching stabilization of the total CO2 emissions by 2000 at the 1990 level in the Community as a whole, and also that Member States  which start from relatively low levels of energy consumption and therefore low emissions measured on a per capita or other appropriate basis are entitled to have CO2 targets and/or strategies corresponding to their economic and social development, while  improving the energy efficiency of their economic activities;  Whereas, at their meeting on 13 December 1991, the Council (Energy and Environment Ministers) invited the Commission to propose concrete measures arising from the Community strategy and required that such measures should take into account the concept of  equitable burden sharing, according to the conclusions of the Council meeting of 29 October 1990;  Whereas the Commission has underlined, in the framework of a Community strategy to limit CO2 emissions and to improve energy efficiency, the need to set up a mechanism of monitoring and evaluation;  Whereas such monitoring and evaluation should be integrated as closely as possible into the existing reviews of energy programmes of Member States, as mentioned in the abovementioned Council resolution of 16 October 1986;  Whereas all Member States and the Community are signatories to the United Nations framework convention on climate change, which, when ratified, will commit the developed countries and other Parties listed in Annex I to the Convention to take measures to  limit anthropogenic emissions of CO2 and other greenhouse gases not controlled by the Montreal Protocol with the aim of returning individually or jointly to the 1990 levels these anthropogenic emissions by the end of the present decade: whereas, in this  perspective, it is desirable to ensure consistency with the monitoring mechanism to be established under the Convention; whereas this is particularly relevant as regards methodologies for compiling inventories and reporting requirements;  Whereas on the occasion of the signing of the said Convention the Community and its Member States reaffirmed the objective of stabilization of CO2 emissions by 2000 at 1990 levels in the Community as a whole, as set out in the Council conclusions of 29  October 1990, 13 December 1991, 5 May and 26 May 1992,  HAS ADOPTED THIS DECISION:
Article 1

A monitoring mechanism is hereby established for anthropogenic CO2 and other greenhouse gas emissions not controlled by the Montreal Protocol in the Member States.
Article 2

National programmes  1. The Member States shall devise, publish, and implement national programmes for limiting their anthropogenic emissions of CO2 in order to contribute to:

– the stabilization of CO2 emissions by 2000 at 1990 levels in the Community as a whole, assuming that other leading countries undertake commitments along similar lines, and on the understanding that Member States which start from relatively low levels  of energy consumption and therefore low emissions measured on a per capita or other appropriate basis are entitled to have CO2 targets and/or strategies corresponding to their economic and social development, while improving the energy efficiency of  their economic activities, as agreed at the Council meetings of 29 October 1990 and 13 December 1991, and

– the fulfilment of the commitment relating to the limitation of CO2 emissions in the UN Framework Convention on Climate change by the Community as a whole through action by the Community and its Member States, within their respective competences.

These programmes shall be periodically updated.

2. Each Member State shall, at the latest from the first updating, include in its national programme:

– its 1990 base year anthropogenic emissions of CO2, determined in accordance with Article 3 (1),

– inventories of its anthropogenic CO2 emissions by sources and removal by sinks; determined in accordance with Article 3 (1),

– details of national policies and measures, which contribute to the limitation of CO2 emissions,

– trajectories for its national CO2 emissions between 1994 and 2000,

– measures being taken or enivsaged for the implementation of relevant Community legislation and policies,

– a description of policies and measures in order to increase the sequestration of CO2 emissions,

– an assessment of the economic impact of the above measures.
Article 3

Inventories and data reporting  1. Member States shall determine their anthropogenic CO2 emissions and removal by sinks in accordance with the best available methodology to be decided by the Commission in accordance with the procedure set out in Article  8. Such a methodology shall be either that being developed by the Intergovernmental Panel on Climate Change (IPCC) or compatible with it.

The methodology shall be revised by the Commission in accordance with the procedure set out in Article 8 to take account, as necessary, of technical progress, in particular developments decided within the framework of the United Nations Framework  Convention on Climate Change.

2. Member States shall each year, not later than 31 July, report to the Commission their anthropogenic CO2 emissions and CO2 removal by sinks for the previous calendar year.

3. The Commission shall, in cooperation with the Member States, establish on the basis of the information provided by them inventories of anthropogenic CO2 emissions and removal by sinks in the Community and shall circulate them to all Member States  within three months of the receipt of the information from all Member States.
Article 4

Procedures and methods for evaluation  In accordance with the procedure referred to in Article 8, the Commission shall establish procedures and methods for the evaluation of national programmes as referred to in Article 6 and the frequency of updating  by the Member States.
Article 5

First evaluation of national programmes and of the state of emissions in the Community  1. Member States shall forward to the Commission their existing national programmes one month after receiving notification of this Decision to the Member States.

2. The Commission shall forward to the other Member States the national programmes received within two months of their reception.

3. The Commission shall evaluate the national programmes, in order to assess whether progress in the Community as a whole is sufficient to ensure fulfilment of the commitments referred to in Article 2 (1).

4. The Commission shall report to the European Parliament and the Council the results of its evaluation within six months of the reception of the national programmes.
Article 6

Subsequent evaluation of progress  After the first evaluation referred to in Article 5, the Commission shall annually assess in consultation with the Member States whether progress in the Community as a whole is sufficient to ensure that the Community  is on course to fulfil the commitments referred to in Article 2 (1) and report to the European Parliament and the Council, on the basis of information received under Articles 2 and 3, including where appropriate the updated national programmes.
Article 7

Other greenhouse gases  1. Member States shall also send to the Commission information on:

– data on emissions of other greenhouse gases not controlled by the Montreal Protocol on the basis of the best available methodology to be decided by the Commission in accordance with the procedure set out in Article 8. Such a methodology shall be  either that developed by IPCC or compatible with it.

The methodology shall be revised by the Commission in accordance with the procedure set out in Article 8 to take account as necessary of technical progress, in particular developments decided within the framework of the United Nations Framework  Convention on Climate Change:

– a description of measures being taken or envisaged for limiting emissions of other greenhouse gases.

2. National programmes for the limitation of these gases should be established as policies with regard to these developments.
Article 8

Committee  1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 9

This Decision is addressed to the Member States.

Done at Luxembourg, 24 June 1993.

For the Council

The President

(1) OJ No C 115, 26. 4. 1993.

(2) OJ No C 73, 15. 3. 1993, p. 73.

(3) OJ No C 112, 20. 12. 1973, p. 1.

(4) OJ No C 139, 13. 6. 1977, p. 1.

(5) OJ No C 46, 17. 2. 1983, p. 1.

(6) OJ No C 328, 7. 12. 1987, p. 1.

(7) OJ No C 241, 25. 9. 1986, p. 1.
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to the proposal of the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the 1973 (3), 1977 (4), and 1983 (5) Community action programmes on the environment stress the importance of the reduction and prevention of atmospheric pollution; whereas, in addition, the 1987 (6) action programme emphasizes the importance for  Community action to concentrate as a priority on the reduction at source of such pollution; whereas the 1993 Community programme of policy and action in relation to the environment and sustainable development has as one of its principal themes climate  change and outlines the need for action in the relevant economic sectors so that CO2 and other greenhouse gas emissions are controlled;  Whereas the Council resolution of 16 September 1986 concerning new Community energy policy objectives for 1995 and convergence of the policies of the Member States (7) calls for a search for balanced solutions as regards energy and the environment;  Whereas, at its meeting in Dublin in June 1990, the European Council urged the adoption as soon as possible of targets and strategies for limiting emissions of greenhouse gases;  Whereas, at their meeting on 29 October 1990, the Council (Environment and Energy Ministers) agreed that the Community and Member States, assuming that other leading countries undertook similar commitments, and acknowledging the targets identified by a  number of Member States for stabilizing or reducing emissions by different dates, were willing to take actions aimed at reaching stabilization of the total CO2 emissions by 2000 at the 1990 level in the Community as a whole, and also that Member States  which start from relatively low levels of energy consumption and therefore low emissions measured on a per capita or other appropriate basis are entitled to have CO2 targets and/or strategies corresponding to their economic and social development, while  improving the energy efficiency of their economic activities;  Whereas, at their meeting on 13 December 1991, the Council (Energy and Environment Ministers) invited the Commission to propose concrete measures arising from the Community strategy and required that such measures should take into account the concept of  equitable burden sharing, according to the conclusions of the Council meeting of 29 October 1990;  Whereas the Commission has underlined, in the framework of a Community strategy to limit CO2 emissions and to improve energy efficiency, the need to set up a mechanism of monitoring and evaluation;  Whereas such monitoring and evaluation should be integrated as closely as possible into the existing reviews of energy programmes of Member States, as mentioned in the abovementioned Council resolution of 16 October 1986;  Whereas all Member States and the Community are signatories to the United Nations framework convention on climate change, which, when ratified, will commit the developed countries and other Parties listed in Annex I to the Convention to take measures to  limit anthropogenic emissions of CO2 and other greenhouse gases not controlled by the Montreal Protocol with the aim of returning individually or jointly to the 1990 levels these anthropogenic emissions by the end of the present decade: whereas, in this  perspective, it is desirable to ensure consistency with the monitoring mechanism to be established under the Convention; whereas this is particularly relevant as regards methodologies for compiling inventories and reporting requirements;  Whereas on the occasion of the signing of the said Convention the Community and its Member States reaffirmed the objective of stabilization of CO2 emissions by 2000 at 1990 levels in the Community as a whole, as set out in the Council conclusions of 29  October 1990, 13 December 1991, 5 May and 26 May 1992,  HAS ADOPTED THIS DECISION:
A monitoring mechanism is hereby established for anthropogenic CO2 and other greenhouse gas emissions not controlled by the Montreal Protocol in the Member States.
National programmes  1. The Member States shall devise, publish, and implement national programmes for limiting their anthropogenic emissions of CO2 in order to contribute to:

– the stabilization of CO2 emissions by 2000 at 1990 levels in the Community as a whole, assuming that other leading countries undertake commitments along similar lines, and on the understanding that Member States which start from relatively low levels  of energy consumption and therefore low emissions measured on a per capita or other appropriate basis are entitled to have CO2 targets and/or strategies corresponding to their economic and social development, while improving the energy efficiency of  their economic activities, as agreed at the Council meetings of 29 October 1990 and 13 December 1991, and

– the fulfilment of the commitment relating to the limitation of CO2 emissions in the UN Framework Convention on Climate change by the Community as a whole through action by the Community and its Member States, within their respective competences.

These programmes shall be periodically updated.

2. Each Member State shall, at the latest from the first updating, include in its national programme:

– its 1990 base year anthropogenic emissions of CO2, determined in accordance with Article 3 (1),

– inventories of its anthropogenic CO2 emissions by sources and removal by sinks; determined in accordance with Article 3 (1),

– details of national policies and measures, which contribute to the limitation of CO2 emissions,

– trajectories for its national CO2 emissions between 1994 and 2000,

– measures being taken or enivsaged for the implementation of relevant Community legislation and policies,

– a description of policies and measures in order to increase the sequestration of CO2 emissions,

– an assessment of the economic impact of the above measures.
Inventories and data reporting  1. Member States shall determine their anthropogenic CO2 emissions and removal by sinks in accordance with the best available methodology to be decided by the Commission in accordance with the procedure set out in Article  8. Such a methodology shall be either that being developed by the Intergovernmental Panel on Climate Change (IPCC) or compatible with it.

The methodology shall be revised by the Commission in accordance with the procedure set out in Article 8 to take account, as necessary, of technical progress, in particular developments decided within the framework of the United Nations Framework  Convention on Climate Change.

2. Member States shall each year, not later than 31 July, report to the Commission their anthropogenic CO2 emissions and CO2 removal by sinks for the previous calendar year.

3. The Commission shall, in cooperation with the Member States, establish on the basis of the information provided by them inventories of anthropogenic CO2 emissions and removal by sinks in the Community and shall circulate them to all Member States  within three months of the receipt of the information from all Member States.
Procedures and methods for evaluation  In accordance with the procedure referred to in Article 8, the Commission shall establish procedures and methods for the evaluation of national programmes as referred to in Article 6 and the frequency of updating  by the Member States.
First evaluation of national programmes and of the state of emissions in the Community  1. Member States shall forward to the Commission their existing national programmes one month after receiving notification of this Decision to the Member States.

2. The Commission shall forward to the other Member States the national programmes received within two months of their reception.

3. The Commission shall evaluate the national programmes, in order to assess whether progress in the Community as a whole is sufficient to ensure fulfilment of the commitments referred to in Article 2 (1).

4. The Commission shall report to the European Parliament and the Council the results of its evaluation within six months of the reception of the national programmes.
Subsequent evaluation of progress  After the first evaluation referred to in Article 5, the Commission shall annually assess in consultation with the Member States whether progress in the Community as a whole is sufficient to ensure that the Community  is on course to fulfil the commitments referred to in Article 2 (1) and report to the European Parliament and the Council, on the basis of information received under Articles 2 and 3, including where appropriate the updated national programmes.
Other greenhouse gases  1. Member States shall also send to the Commission information on:

– data on emissions of other greenhouse gases not controlled by the Montreal Protocol on the basis of the best available methodology to be decided by the Commission in accordance with the procedure set out in Article 8. Such a methodology shall be  either that developed by IPCC or compatible with it.

The methodology shall be revised by the Commission in accordance with the procedure set out in Article 8 to take account as necessary of technical progress, in particular developments decided within the framework of the United Nations Framework  Convention on Climate Change:

– a description of measures being taken or envisaged for limiting emissions of other greenhouse gases.

2. National programmes for the limitation of these gases should be established as policies with regard to these developments.
Committee  1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
This Decision is addressed to the Member States.

Done at Luxembourg, 24 June 1993.

For the Council

The President

(1) OJ No C 115, 26. 4. 1993.

(2) OJ No C 73, 15. 3. 1993, p. 73.

(3) OJ No C 112, 20. 12. 1973, p. 1.

(4) OJ No C 139, 13. 6. 1977, p. 1.

(5) OJ No C 46, 17. 2. 1983, p. 1.

(6) OJ No C 328, 7. 12. 1987, p. 1.

(7) OJ No C 241, 25. 9. 1986, p. 1.

Pending: 31993D0317

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (1), and in particular Article 5 (2) (a) thereof,  Whereas this code must provide for each bovine animal to be identified individually and for its Member State and holding of origin to be identified; whereas a two-letter code should be used to identify each Member State;  Whereas the holding of origin may be identifed by a number or a series of numbers unique to each holding; whereas each competent authority must choose the numbering system for holdings under its control; whereas the code must be completed by numbers or  letters identifying the individual animal;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Article 1

1. The code on a bovine ear mark shall start with the letters identifying the Member State of origin in accordance with the following table:

/* Tables: see OJ */

2. The code shall be completed by a series of numbres and/or letters which make it possible to identify each animal individually along with the holding on which it was born.
Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 April 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 355, 5. 12. 1992, p. 32.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (1), and in particular Article 5 (2) (a) thereof,  Whereas this code must provide for each bovine animal to be identified individually and for its Member State and holding of origin to be identified; whereas a two-letter code should be used to identify each Member State;  Whereas the holding of origin may be identifed by a number or a series of numbers unique to each holding; whereas each competent authority must choose the numbering system for holdings under its control; whereas the code must be completed by numbers or  letters identifying the individual animal;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
1. The code on a bovine ear mark shall start with the letters identifying the Member State of origin in accordance with the following table:

/* Tables: see OJ */

2. The code shall be completed by a series of numbres and/or letters which make it possible to identify each animal individually along with the holding on which it was born.
This Decision is addressed to the Member States.

Done at Brussels, 21 April 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 355, 5. 12. 1992, p. 32.

Pending: 31993D0196

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1) , as last amended by Directive 92/361/EEC(2) , and in particular Article 15 point (a),  Articles 16 and 18 thereof;  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 from third countries and amending Directives 89/662/EEC, 90/425/EEC and  90/675/EEC(3) , as last amended by Decision 92/438/EEC(4) , and in particular Article 4 thereof,  Whereas by Council Decision 79/542/EEC(5) , as last amended by Commission Decision 93/100/EEC(6) , the list of third countries from which the Member States authorize imports of equidae in particular has been established;  Whereas it is also necessary to take into account the regionalization of certain third countries appearing on the abovementioned list, which is the subject of Commission Decision 92/160/EEC(7) , as amended by Decision 92/161/EEC(8) ;  Whereas the responsible national veterinary authorities have undertaken to notify the Commission and the Member States, by telegram, telex or telefax, within 24 hours of the confirmation of the occurrence of any infectious or contagious disease in  equidae of lists A and B of the International Office of Epizootic Diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any changes in the national import rules concerning equidae;  Whereas the conditions to be established for imports of equidae for slaughter apply without prejudice to the requirements of Council Directive 86/469/EEC(9)  that no thyreostatic, estrogenic, androgenic or gestagenic substances are used for fattening  purposes in equidae;  Whereas the certification for a consignment of equidae for slaughter has been provided for, provided the animals are properly marked and identified; whereas therefore it is necessary to establish a clear and indelible mark for equidae for slaughter;  Whereas the different categories of equidae have their own features and their imports are authorized for different purposes; whereas, consequently different health requirements must be established for equidae for slaughter being sent directly to the  slaughterhouse of destination and, for equidae for slaughter, passing through a market or a marshalling centre;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Article 1

Without prejudice to Decision 92/160/EEC, Member States shall authorize imports of equidae for slaughter from a third country appearing in Part I of the Annex to Decision 79/542/EEC and which are clearly and indelibly marked by a hot-branded  ‘S’ of not less than 3 cm size on the hoof of the left front leg and

(i) which, if sent directly to a slaughterhouse to be slaughtered within five days after arrival at the slaughterhouse and not more than five days after arrival in the Community, meet the requirements of Annex I of the present Decision. However, where  equidae are subjected to a sea-voyage of more than eight days, Member States may decide that such equidae may be slaughtered within 21 days of arrival at the slaughterhouse, provided they remain at the slaughterhouse under the daily supervision of the  official veterinarian. Member States shall notify the Commission of such cases; or

(ii) which, if they are passing through a market or a marshalling centre before being slaughtered, meet the requirements of Annex II.
Article 2

This Decision is addressed to the Member States.

Done at Brussels, 5 February 1993.

For the CommissionRené STEICHENMember of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 42.

(2) OJ No L 157, 10. 6. 1992, p. 28.

(3) OJ No L 268, 24. 9. 1991, p. 56.

(4) OJ No L 243, 25. 8. 1992, p. 27.

(5) OJ No L 146, 14. 6. 1979, p. 15.

(6) OJ No L 40, 17. 2. 1993, p. 23.

(7) OJ No L 71, 18. 3. 1992, p. 27.

(8) OJ No L 71, 18. 3. 1992, p. 29.

(9) OJ No L 275, 26. 9. 1986, p. 36.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1) , as last amended by Directive 92/361/EEC(2) , and in particular Article 15 point (a),  Articles 16 and 18 thereof;  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 from third countries and amending Directives 89/662/EEC, 90/425/EEC and  90/675/EEC(3) , as last amended by Decision 92/438/EEC(4) , and in particular Article 4 thereof,  Whereas by Council Decision 79/542/EEC(5) , as last amended by Commission Decision 93/100/EEC(6) , the list of third countries from which the Member States authorize imports of equidae in particular has been established;  Whereas it is also necessary to take into account the regionalization of certain third countries appearing on the abovementioned list, which is the subject of Commission Decision 92/160/EEC(7) , as amended by Decision 92/161/EEC(8) ;  Whereas the responsible national veterinary authorities have undertaken to notify the Commission and the Member States, by telegram, telex or telefax, within 24 hours of the confirmation of the occurrence of any infectious or contagious disease in  equidae of lists A and B of the International Office of Epizootic Diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any changes in the national import rules concerning equidae;  Whereas the conditions to be established for imports of equidae for slaughter apply without prejudice to the requirements of Council Directive 86/469/EEC(9)  that no thyreostatic, estrogenic, androgenic or gestagenic substances are used for fattening  purposes in equidae;  Whereas the certification for a consignment of equidae for slaughter has been provided for, provided the animals are properly marked and identified; whereas therefore it is necessary to establish a clear and indelible mark for equidae for slaughter;  Whereas the different categories of equidae have their own features and their imports are authorized for different purposes; whereas, consequently different health requirements must be established for equidae for slaughter being sent directly to the  slaughterhouse of destination and, for equidae for slaughter, passing through a market or a marshalling centre;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Without prejudice to Decision 92/160/EEC, Member States shall authorize imports of equidae for slaughter from a third country appearing in Part I of the Annex to Decision 79/542/EEC and which are clearly and indelibly marked by a hot-branded  ‘S’ of not less than 3 cm size on the hoof of the left front leg and

(i) which, if sent directly to a slaughterhouse to be slaughtered within five days after arrival at the slaughterhouse and not more than five days after arrival in the Community, meet the requirements of Annex I of the present Decision. However, where  equidae are subjected to a sea-voyage of more than eight days, Member States may decide that such equidae may be slaughtered within 21 days of arrival at the slaughterhouse, provided they remain at the slaughterhouse under the daily supervision of the  official veterinarian. Member States shall notify the Commission of such cases; or

(ii) which, if they are passing through a market or a marshalling centre before being slaughtered, meet the requirements of Annex II.
This Decision is addressed to the Member States.

Done at Brussels, 5 February 1993.

For the CommissionRené STEICHENMember of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 42.

(2) OJ No L 157, 10. 6. 1992, p. 28.

(3) OJ No L 268, 24. 9. 1991, p. 56.

(4) OJ No L 243, 25. 8. 1992, p. 27.

(5) OJ No L 146, 14. 6. 1979, p. 15.

(6) OJ No L 40, 17. 2. 1993, p. 23.

(7) OJ No L 71, 18. 3. 1992, p. 27.

(8) OJ No L 71, 18. 3. 1992, p. 29.

(9) OJ No L 275, 26. 9. 1986, p. 36.
HEALTH CERTIFICATE for imports of equidae for slaughter sent directly to a slaughterhouse within the European Community

No of certificate: .

Third country of dispatch(1) :

Ministry responsible: .

Reference to accompanying welfare certificate: .

Number of animals: .

I. Identification of the animal(s)

/* Tables: see OJ */

The animal(s) is/are to be sent from: .

(Place of export)

directly to: .

(Member State and slaughterhouse of destination)

by railway wagon/lorry/aircraft/ship(2)  .

(indicate means of transport and registration marks, flight number or registered name, as appropriate)

Name and address of consignor: .

Name and address of consignee: .

III. Health information

I, the undersigned, certify that the animal(s) described above meet(s) the following requirements:

(a) it/they come(s) from a country where the following diseases are compulsorily notifiable: African horse sickness, dourine, glanders, equine encephalomyelitis (of all types including VEE), infectious anaemia, vesicular stomatitis, rabies, anthrax;

(b) it/they has/have been examined today and show(s) no clinical sign of disease(3) ;

(c) it/they is/are not intended for slaughter under a national programme of infectious or contagious disease eradication;

(d) during the 90 days immediately preceding the exportation (or since birth if less than 90 days old) it/they has/have been resident on holdings under veterinary supervision in the country of dispatch and 30 days prior to dispatch it/they has/have been  isolated from equidae not of equivalent health status;

(e) it/they come(s) from the territory or in cases of official regionalization according to Community legislation from a part of the territory of a third country in which:

(i) Venezuelan equine encephalomyelitis has not occurred during the last two years;

(ii) dourine has not occurred during the last six months;

(iii) glanders has not occurred during the last six months;

(iv) – either vesicular stomatitis has not occurred during the last six months(4) ;

– it/they was/were tested on a sample of blood taken within 10 days of export on ………………………………….(5)  by a virus neutralization test for vesicular stomatitis with negative result(s) at a dilution of 1 in 12(6) ;

(v) – in the case of (an) uncastrated male equine animal(s); either equine viral arteritis (EVA) has not been officially recorded during the last six months(7) ;

– it/they was/were tested on samples of blood taken within 10 days of export on …………………………………..(8)  by a virus neutralization test for EVA, either with negative result(s) at a delution of 1 in 4(9) ;

– the semen of the animal(s) taken within 21 days of export on

…………………………………..(10)  was tested by a virus isolation test for EVA with negative result(11) ;

(f) it/they do(es) not come from the territory or from a part of the territory of a third country considered, in accordance with Community legislation, as infected with African horse sickness and

– either it/they was/were not vaccinated against African horse sickness(12) ,

– it/they was/were vaccinated against African horse sickness on ……………………………………(13) (14) ;

(g) it/they do(es) not come from a holding which was subject to prohibition for animal health reasons nor had contact with equidae from a holding which was subject to prohibition for animal health reasons:

(i) during six months in the case of equine encephalomyelitis, beginning on the date on which the equidae suffering from the disease are slaughtered;

(ii) in the case of infectious anaemia, until the date on which the infected animals having been slaughtered, the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;

(iii) during six months in the case of vesicular stomatitis;

(iv) during one month from the last recorded case, in the case of rabies;

(v) during 15 days from the last recorded case, in the case of anthrax;

If all animals of species susceptible to the disease located on the holding have been slaughtered and the premises disinfected, the period of prohibition shall be 30 days, beginning on the day on which the animals were destroyed and the premises  disinfected, except in the case of anthrax, where the period of prohibition is 15 days;

(h) to the best of my knowledge, it/they has/have not been in contact with equidae suffering from an infectious or contagious disease in the 15 days prior to this declaration;

(i) to the best of my knowledge, it/they has/have received no thyreostatic, estrogenic, androgenic or gestagenic substances for fatting purposes;

(j) it/they was/were subjected to the following tests carried out with negative results on samples of blood taken within ten days of export on …………………………………..(15) :

– a Coggins test of infectious anaemia,

– a complement fixation test for glanders at a dilution of 1 in 10(16) ;

IV. The animal(s) will be sent in a vehicle cleansed and disinfected in advance with a disinfectant officially recognized in the country of dispatch and designed in a way that droppings, litter or fodder cannot escape during transportation.

The following declaration signed by the owner or representative is part of the certificate.

V. The certificate is valid for 10 days. In the case of transport by ship the time is prolonged by the time of the voyage.
for imports of equidae for slaughter passing through a market or marshalling centre within the European Community  No of certificate .

Third country of dispatch(1) : .

Ministry responsible: .

Reference to acccompanying welfare certificate: .

Number of animals: .

I. Identification of the animals

/* Tables: see OJ */

The animal(s) is/are to be sent from: .

(Place of export)

directly to: .

(Member State and place of destination)

by railway wagon/lorry/aircraft/ship(2) : .

(indicate means of transport and registration marks, flight number or registered name, as appropriate)

Name and address of consignor: .

Name and address of consignee: .

III. Health information

I, the undersigned, certify that the animal(s) described above meets the following requirements:

(a)  it/they come(s) from a country where the following diseases are compulsorily notifiable; African horse sickness, dourine, glanders, equine encephalomyelitis (of all types including VEE), infectious anaemia, vesicular stomatitis, rabies, anthrax;

(b) it/they has/have been examined today and show(s) no clinical sign of disease(3) ;

(c) it/they is/are not intended for slaughter under a national programme of infectious or contagious disease eradication;

(d) during the last three months immediately preceding the exportation (or since birth if less than three months old) it/they has/have been resident on holdings under veterinary supervision in the country of dispatch and

– either it/they come(s) from a country(4)  listed in group A, B, C or D below(5)  and has/have been isolated from equidae not of the same health status during 30 days prior to dispatch(6) ,

– it/they come(s) from a country(7)  listed in Group E below(8)  and has/have been in an approved isolation centre, protected from vector insects during 40 days prior to dispatch(9) ;

(e) it/they come(s) from the territory or in cases of official regionalization according to Community legislation from a part of the territory of a third country in which:

(i) Venezuelan equine encephalomyelitis has not occurred during the last two years;

(ii) dourine has not occurred during the last six months;

(iii) glanders has not occurred during the last six months;

(iv) – either vesicular stomatitis has not occurred during the last six months(10) ;

– it/they was/were tested on samples of blood taken within 10 days of export on ……….(11) , by a virus neutralization test for vesicular stomatitis with negative result(s) at a dilution of 1 in 12(12) ;

(v) – in the case of (an) uncastrated male equine animal(s), either equine viral arthritis (EVA) has not been officially recorded during the last six months(13) ;

– it/they was/were tested on samples of blood taken within 10 days of export on ……….(14)  by a virus neutralization test for EVA, either with negative result(s) at a dilution of 1 in 4(15) ;

– the semen of the animal(s) taken within 21 days of export on ……….(16) , was tested by a virus isolation test for EVA with negative result(17) ;

(f) it/they do(es) not come from the territory or from a part of the territory of a third country considered, in accordance with Community legislation, as infected with African horse sickness

– either it/they was/were not vaccinated against African horse sickness(18)

– it/they was/were vaccinated against African horse sickness on ……….(19) (20) ;

(g)  it/they do(es) not come from a holding which was subject to prohibition for animal health reasons nor had contact with equidae from a holding which was subject to prohibition for animal health reasons:

(i) during six months in the case of equine encephalomyelitis, beginning on the date on which the equidae suffering from the disease are slaughtered;

(ii) in the case of infectious anaemia, until the date on which, the infected animals having been slaughtered, the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;

(iii) during six months in the case of vesicular stomatitis;

(iv) during one month from the last recorded case, in the case of rabies;

(v) during 15 days from the last recorded case, in the case of anthrax.

If all the animals of species susceptible to the disease located on the holding have been slaughtered and the premises disinfected, the period of prohibition shall be 30 days, beginning on the day on which the animals were destroyed and the premises  disinfected, except in the case of anthrax, where the period of prohibition is 15 days;

(h) to the best of my knowledge, it/they has/have not been in contact with equidae suffering from an infectious or contagious disease in the 15 days prior to this declaration;

(i) to the best of my knowledge, it/they has/have received no thyreostatic, estrogenic, androgenic or gestagenic substances for fattening purposes;

(j) it/they was/were subjected to the following tests carried out with negative results on samples of blood taken within 10 days of export on ……….(21) :

– a Coggins test for infectious anaemia,

– a complement fixation test for glanders at a dilution of 1 in 10,(22)

– a complement fixation test for dourine at a dilution of 1 in 10,(23)

– a complement fixation test for piroplasmosis (Babesia equi and Babesia caballi)(24) (25)  at a dilution of 1 in 5;

(k) it/they was/were subjected to a test for African horse sickness as described in Annex D to Council Directive 90/426/EEC on two occasions, carried out on samples of blood taken with an interval of between 21 and 30 days, on ……….(26)  and on  ……….(27) , the second of which must have been taken within ten days of export(28)  either with negative

Pending: 31993D0073

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 91/67/EEC of 2 January 1991 concerning the animal health conditions governing the placing on the market of aquatic animals and products (1), and in particular Article 5 thereof,  Whereas Member States can obtain for one or more continental and coastal zones, the status of approved zone, free of certain diseases affecting fish or molluscs;  Whereas, to that effect, Ireland has submitted on 19 October 1992, the appropriate justifications for granting, as far as infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) are concerned, the status of approved zone to its  territory, as well as the national rules ensuring compliance with the conditions to be respected for the maintenance of the approved status;  Whereas, after scrutiny, this information allows, as far as IHN and VHS are concerned, to grant the status of approved continental and coastal zone to Ireland;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Article 1

Ireland is recognized as approved continental zone and approved coastal zone for fish with regard to infectious hematopoietic necrosis and viral haemorrhagic septicemia.
Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 December 1992.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 46, 19. 2. 1991, p. 1.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 91/67/EEC of 2 January 1991 concerning the animal health conditions governing the placing on the market of aquatic animals and products (1), and in particular Article 5 thereof,  Whereas Member States can obtain for one or more continental and coastal zones, the status of approved zone, free of certain diseases affecting fish or molluscs;  Whereas, to that effect, Ireland has submitted on 19 October 1992, the appropriate justifications for granting, as far as infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) are concerned, the status of approved zone to its  territory, as well as the national rules ensuring compliance with the conditions to be respected for the maintenance of the approved status;  Whereas, after scrutiny, this information allows, as far as IHN and VHS are concerned, to grant the status of approved continental and coastal zone to Ireland;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Ireland is recognized as approved continental zone and approved coastal zone for fish with regard to infectious hematopoietic necrosis and viral haemorrhagic septicemia.
This Decision is addressed to the Member States.

Done at Brussels, 21 December 1992.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 46, 19. 2. 1991, p. 1.

Pending: 31993D0014

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 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 (1), as last amended by Decision 92/438/EEC (2),  and, in particular, Articles 5, 6, 7 and 12 thereof,  Whereas Commission Decision 93/13/EEC has established the procedures for the veterinary checks at the border inspection posts of the Community on products entering the Community from third countries (3);  Whereas these general procedures must be completed by laying down control conditions for products destined to be stored in free warehouses, free zones or customs warehouses;  Whereas these conditions must, in particular, ensure the follow-up, during the storage and the transport, of the products not complying with the requirements of Community legislation or, if applicable, of the national legislation;  Whereas, furthermore, it is convenient to determine the scope of the controls applicable on products in transit through the territory of the Community;  Whereas the measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Article 1

1. Without prejudice to the provisions of Commission Decision 92/571/EEC of 15 December 1992 in relation to new transitory measures which are necessary to facilitate the move to the system of veterinary checks provided for in Council  Directive 90/675/EEC, products from third countries entering the Community and destined for a free zone or a free warehouse or destined to be stored in a warehouse under the customs warehousing procedure or the temporary storage of goods procedure shall  be:

– subject to the controls laid down in Articles 4 and 8 of Directive 90/675/EEC for harmonized products,

– subject to the controls laid down in Articles 4 and 11 of Directive 90/675/EEC for non-harmonized products.

2. In each case, the official veterinarian shall deliver a document based on Annex B to Decision 93/13/EEC attesting that the products have been submitted to the controls mentioned in paragraph 1 (4).

3. The transport of products to the destination mentioned in paragraph 1 and their transport from one warehouse to another shall take place under the following conditions:

(a) the transport has to be carried out under customs control by means of transport sealed by the competent authority;

(b) the competent authority which authorizes the transport has to inform the competent authority of the warehouse of destination via the Animo network or, pending the implementation of the latter, by telecommunication or by any data transfer system;

(c) the products have to be accompanied by a document based on Annex B to Decision 93/13/EEC attesting that the products have fulfilled the controls of Directive 90/675/EEC and by either an authenticated copy of the original veterinary certificates or  documents relating to the goods. In the case of transport from one warehouse to another warehouse, a document based on Annex B to Decision 93/13/EEC shall be delivered on the basis of documents accompanying the consignment to the warehouse and on the  basis of veterinary controls carried out during the storage of products in the warehouse, in accordance with Articles 5 and 6 of Council Directive 90/675/EEC.
Article 2

1. The warehouses designated in accordance with Article 6 of Directive 90/675/EEC have to meet at least the following conditions:

– the minimum requirements laid down by Community legislation for the warehouses storing the products concerned, or in the absence of Community legislation, by national legislation,

– to be under permanent control of the competent authority,

– to have day-to-day accountability of all the products entering or leaving the warehouse,

– to have appropriate rooms reserved exclusively for the competent authorities carrying out the veterinary controls.

2. The competent authority must take all the necessary measures:

– to check that the conditions set out in the first paragraph are maintained,

– to ensure effective control of the entries and exits to the warehouses,

– to perform all necessary controls to avoid any deterioration or any substitution of the products stored in the warehouses.
Article 3

In derogation from Article 1 of the present Decision, the Member State may, in conformity with Article 7 of Directive 90/675/EEC, authorize the entry into its territory of products which do not comply with the requirements of Community  legislation or, in the case of products where the rules governing trade have not been harmonized with the relevant national legislation, to be stored in a free zone or in a free warehouse; in this case, besides the requirements mentioned in Article 7 of  Directive 90/675/EEC, the following requirements are applicable:

(a) the competent authority of the border inspection post of introduction from third country must ensure that products are really destined, after storage, to be redispatched to a third country;

(b) these products are stored in separate rooms from the products destined to be put in free circulation on the territory of the Community;

(c) the products are not submitted to any manipulation other than those necessary for storage or of division of the consignment, without alteration of the packaging of origin;

(d) the transport of these products to the free zone or the free warehouse of destination or from a free zone or from a free warehouse to another free zone or free warehouse is subject to the following conditions:

– the importer must give the proof that the competent authority of the free warehouse or the free zone of destination does not oppose the introduction of these products,

– the competent authority of the border inspection post of introduction from the third country, or of the free warehouse or of the free zone from where the products are dispatched, must specify the fact of the passage or storage of the products on the  veterinary certificates or documents,

– the transport has to be carried out under customs control by means of leak proof transport, identified and sealed by the competent authority so that the seals are broken at the time of any opening of the container,

– the competent authority which authorizes the transport has to inform the competent authority of the free zones or free warehouses of destination via the Animo network or, pending the implementation of the latter, by telecommunication or by any data  transfer system,

– the means of land transport used must by cleaned and disinfected under the responsibility of the competent authority before being used for further transport,

– the dispatching competent authority of the free zone or free warehouse and that of the free zone or free warehouse of destination have to take all necessary measures to avoid any public health or animal health risk during transport, storage or  division of the consignment,

– the products must be accompanied by the original veterinary certificates or documents;

(e) the competent authority shall take all the necessary measures:

– to ensure effective control of the entry and exit of products out of the free warehouse or free zone,

– to perform all suitable controls to avoid any deterioration or any substitution of the products stored in the free warehouse or free zone.
Article 4

1. The competent authority may carry out random documentary checks of the products on board planes or boats, connecting two third countries, which make a stopover in the Community.

2. When the products mentioned in the first paragraph are transhipped from a plane or from one boat to another, the competent authority has to be informed and mary carry out a documentary control of the products being transhipped.

3. When the products mentioned in paragraph 1 are unloaded and stored temporarily at the point of entry with a view to being forwarded towards a predetermined third country, the competent authority shall take the following measures:

(a) it carries out a documentary and an identity check of the products;

(b) it informs the operator of his obligation to send the products to this predetermined third country within a set time limit and by an identified means of transport;

(c) it submits the products to the controls of Article 1 (1) of the present Decision if these products have not been re-dispatched within the set time limit to the predetermined third country;

(d) during the storage it carries out all necessary measures to avoid any deterioration or any substitution of the products.

4. In all the cases mentioned in this Article the original veterinary certificates or documents shall accompany the products dispatched to the third country.
Article 5

Member States shall carry out the necessary measures to ensure that any breach of the present decision, especially to Articles 3 and 4, shall be subject to a sanction which is effective, appropriate and with deterrent effect against the  person or legal entity responsible.
Article 6

Without prejudice to the Community rules on animal health, Member States may authorize the import of consignments of animal products to their territory for exhibitions or displays at trade fairs using their national rules.

Member States authorizing the import of such consignments shall take effective step to ensure that these products, once the displays or exhibitions have finished will be destroyed or re-dispatched to the originating third country.
Article 7

To take account of experience required, the Commission shall submit a report before the 31 December 1993.
Article 8

This Decision shall apply from the 1 January 1993.
Article 9

This Decision is addressed to the Member States.

Done at Brussels, 23 December 1992.

For the Commission

Ray MAC SHARRY

Member of the Commission

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

(2) OJ No L 243, 25. 8. 1992, p. 27.

(3) See page 33 of this Official Journal.

(4) OJ No L 367, 16. 12. 1992, p. 36.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 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 (1), as last amended by Decision 92/438/EEC (2),  and, in particular, Articles 5, 6, 7 and 12 thereof,  Whereas Commission Decision 93/13/EEC has established the procedures for the veterinary checks at the border inspection posts of the Community on products entering the Community from third countries (3);  Whereas these general procedures must be completed by laying down control conditions for products destined to be stored in free warehouses, free zones or customs warehouses;  Whereas these conditions must, in particular, ensure the follow-up, during the storage and the transport, of the products not complying with the requirements of Community legislation or, if applicable, of the national legislation;  Whereas, furthermore, it is convenient to determine the scope of the controls applicable on products in transit through the territory of the Community;  Whereas the measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
1. Without prejudice to the provisions of Commission Decision 92/571/EEC of 15 December 1992 in relation to new transitory measures which are necessary to facilitate the move to the system of veterinary checks provided for in Council  Directive 90/675/EEC, products from third countries entering the Community and destined for a free zone or a free warehouse or destined to be stored in a warehouse under the customs warehousing procedure or the temporary storage of goods procedure shall  be:

– subject to the controls laid down in Articles 4 and 8 of Directive 90/675/EEC for harmonized products,

– subject to the controls laid down in Articles 4 and 11 of Directive 90/675/EEC for non-harmonized products.

2. In each case, the official veterinarian shall deliver a document based on Annex B to Decision 93/13/EEC attesting that the products have been submitted to the controls mentioned in paragraph 1 (4).

3. The transport of products to the destination mentioned in paragraph 1 and their transport from one warehouse to another shall take place under the following conditions:

(a) the transport has to be carried out under customs control by means of transport sealed by the competent authority;

(b) the competent authority which authorizes the transport has to inform the competent authority of the warehouse of destination via the Animo network or, pending the implementation of the latter, by telecommunication or by any data transfer system;

(c) the products have to be accompanied by a document based on Annex B to Decision 93/13/EEC attesting that the products have fulfilled the controls of Directive 90/675/EEC and by either an authenticated copy of the original veterinary certificates or  documents relating to the goods. In the case of transport from one warehouse to another warehouse, a document based on Annex B to Decision 93/13/EEC shall be delivered on the basis of documents accompanying the consignment to the warehouse and on the  basis of veterinary controls carried out during the storage of products in the warehouse, in accordance with Articles 5 and 6 of Council Directive 90/675/EEC.
1. The warehouses designated in accordance with Article 6 of Directive 90/675/EEC have to meet at least the following conditions:

– the minimum requirements laid down by Community legislation for the warehouses storing the products concerned, or in the absence of Community legislation, by national legislation,

– to be under permanent control of the competent authority,

– to have day-to-day accountability of all the products entering or leaving the warehouse,

– to have appropriate rooms reserved exclusively for the competent authorities carrying out the veterinary controls.

2. The competent authority must take all the necessary measures:

– to check that the conditions set out in the first paragraph are maintained,

– to ensure effective control of the entries and exits to the warehouses,

– to perform all necessary controls to avoid any deterioration or any substitution of the products stored in the warehouses.
In derogation from Article 1 of the present Decision, the Member State may, in conformity with Article 7 of Directive 90/675/EEC, authorize the entry into its territory of products which do not comply with the requirements of Community  legislation or, in the case of products where the rules governing trade have not been harmonized with the relevant national legislation, to be stored in a free zone or in a free warehouse; in this case, besides the requirements mentioned in Article 7 of  Directive 90/675/EEC, the following requirements are applicable:

(a) the competent authority of the border inspection post of introduction from third country must ensure that products are really destined, after storage, to be redispatched to a third country;

(b) these products are stored in separate rooms from the products destined to be put in free circulation on the territory of the Community;

(c) the products are not submitted to any manipulation other than those necessary for storage or of division of the consignment, without alteration of the packaging of origin;

(d) the transport of these products to the free zone or the free warehouse of destination or from a free zone or from a free warehouse to another free zone or free warehouse is subject to the following conditions:

– the importer must give the proof that the competent authority of the free warehouse or the free zone of destination does not oppose the introduction of these products,

– the competent authority of the border inspection post of introduction from the third country, or of the free warehouse or of the free zone from where the products are dispatched, must specify the fact of the passage or storage of the products on the  veterinary certificates or documents,

– the transport has to be carried out under customs control by means of leak proof transport, identified and sealed by the competent authority so that the seals are broken at the time of any opening of the container,

– the competent authority which authorizes the transport has to inform the competent authority of the free zones or free warehouses of destination via the Animo network or, pending the implementation of the latter, by telecommunication or by any data  transfer system,

– the means of land transport used must by cleaned and disinfected under the responsibility of the competent authority before being used for further transport,

– the dispatching competent authority of the free zone or free warehouse and that of the free zone or free warehouse of destination have to take all necessary measures to avoid any public health or animal health risk during transport, storage or  division of the consignment,

– the products must be accompanied by the original veterinary certificates or documents;

(e) the competent authority shall take all the necessary measures:

– to ensure effective control of the entry and exit of products out of the free warehouse or free zone,

– to perform all suitable controls to avoid any deterioration or any substitution of the products stored in the free warehouse or free zone.
1. The competent authority may carry out random documentary checks of the products on board planes or boats, connecting two third countries, which make a stopover in the Community.

2. When the products mentioned in the first paragraph are transhipped from a plane or from one boat to another, the competent authority has to be informed and mary carry out a documentary control of the products being transhipped.

3. When the products mentioned in paragraph 1 are unloaded and stored temporarily at the point of entry with a view to being forwarded towards a predetermined third country, the competent authority shall take the following measures:

(a) it carries out a documentary and an identity check of the products;

(b) it informs the operator of his obligation to send the products to this predetermined third country within a set time limit and by an identified means of transport;

(c) it submits the products to the controls of Article 1 (1) of the present Decision if these products have not been re-dispatched within the set time limit to the predetermined third country;

(d) during the storage it carries out all necessary measures to avoid any deterioration or any substitution of the products.

4. In all the cases mentioned in this Article the original veterinary certificates or documents shall accompany the products dispatched to the third country.
Member States shall carry out the necessary measures to ensure that any breach of the present decision, especially to Articles 3 and 4, shall be subject to a sanction which is effective, appropriate and with deterrent effect against the  person or legal entity responsible.
Without prejudice to the Community rules on animal health, Member States may authorize the import of consignments of animal products to their territory for exhibitions or displays at trade fairs using their national rules.

Member States authorizing the import of such consignments shall take effective step to ensure that these products, once the displays or exhibitions have finished will be destroyed or re-dispatched to the originating third country.
To take account of experience required, the Commission shall submit a report before the 31 December 1993.
This Decision shall apply from the 1 January 1993.
This Decision is addressed to the Member States.

Done at Brussels, 23 December 1992.

For the Commission

Ray MAC SHARRY

Member of the Commission

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

(2) OJ No L 243, 25. 8. 1992, p. 27.

(3) See page 33 of this Official Journal.

(4) OJ No L 367, 16. 12. 1992, p. 36.

Pending: 31992D0578

                                January 16, 2026                            

Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the agreement between the European Economic Community and the Swiss Confederation on the carriage of goods by road and rail can provide a solution to the various current problems of trans-Alpine goods traffic; whereas it is necessary to ensure  the non-discriminatory development of transit so as to enable international trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect transit;  Whereas these objectives must, at the same time, take account of respect for users’ freedom of choice and aspects relating to road safety, protection of public health and the environment in Alpine regions;  Whereas the objectives and the content of the Agreement fall within the scope of the common transport policy and the technical standards play their part in attaining these objectives;  Whereas it is appropriate to lay down a procedure with a view to approving the administrative arrangements provided for by the Agreement,  HAS DECIDED AS FOLLOWS:
Article 1

The Agreement between the European Economic Community and the Swiss Confederation on the carriage of goods by road and rail is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.
Article 2

The President of the Council shall give the notification provided for in Article 21 of the Agreement.
Article 3

The administrative arrangement provided for in point II.4 of Annex 6 to the Agreement shall be approved in accordance with the procedure laid down in Article 4 of this Decision.
Article 4

The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the Commission representative.

The representative of the Commission shall submit to the Commission a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt the provisions envisaged if they are in accordance with the opinion of the Committee.

If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Official Journal of the European Communities

No L 373/27

Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 5

The Commission shall adopt the necessary measures for implementing the administrative arrangement referred to in Article 3 in accordance with the procedure laid down in Article 4.

Done at Brussels, 30 November 1992.

For the Council

The President

(1) OJ No C 305, 23. 11. 1992.(2) OJ No C 313, 30. 11. 1992, p. 16.
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the agreement between the European Economic Community and the Swiss Confederation on the carriage of goods by road and rail can provide a solution to the various current problems of trans-Alpine goods traffic; whereas it is necessary to ensure  the non-discriminatory development of transit so as to enable international trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect transit;  Whereas these objectives must, at the same time, take account of respect for users’ freedom of choice and aspects relating to road safety, protection of public health and the environment in Alpine regions;  Whereas the objectives and the content of the Agreement fall within the scope of the common transport policy and the technical standards play their part in attaining these objectives;  Whereas it is appropriate to lay down a procedure with a view to approving the administrative arrangements provided for by the Agreement,  HAS DECIDED AS FOLLOWS:
The Agreement between the European Economic Community and the Swiss Confederation on the carriage of goods by road and rail is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.
The President of the Council shall give the notification provided for in Article 21 of the Agreement.
The administrative arrangement provided for in point II.4 of Annex 6 to the Agreement shall be approved in accordance with the procedure laid down in Article 4 of this Decision.
The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the Commission representative.

The representative of the Commission shall submit to the Commission a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt the provisions envisaged if they are in accordance with the opinion of the Committee.

If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Official Journal of the European Communities

No L 373/27

Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of four weeks from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
The Commission shall adopt the necessary measures for implementing the administrative arrangement referred to in Article 3 in accordance with the procedure laid down in Article 4.

Done at Brussels, 30 November 1992.

For the Council

The President

(1) OJ No C 305, 23. 11. 1992.(2) OJ No C 313, 30. 11. 1992, p. 16.

Pending: 31992D0486

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last  amended by Directive 92/60/EEC (2), and in particular Article 20 (3) thereof,  Whereas on 19 July 1991 the Commission adopted Decision 91/398/EEC on a computerized network linking veterinary authorities (Animo) (3) and on 2 July 1992 Decision 92/373/EEC designating the host centre Animo (4);  Whereas, the ensure the functioning of the computerized network Animo, provision should be made for harmonization of the form of cooperation between the Animo host centre and Member States;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Article 1

Each Member State shall, in accordance with its national rules, designate an authority to be responsible for coordination between the authorities within each Member State.

The coordination authority shall negotiate a contract with Eurokom for the use of the common host centre. The contract shall be signed in accordance with national rules.
Article 2

The competent authorities of the Member States shall ensure that the contracts referred to in Article 1:

– are valid until 1 July 1995,

– include an annual review clause,

– include a termination clause, subject to six months’ notice,

– include an undertaking by Eurokom to put into operation all the technical requirements laid down in the Annex to Commisison Decision 91/638/EEC (5), based on the technical approach proposed by Eurokom in their offer. Possible related work by Eurokom,  including for each Member State work related to implementation of the system in each Member State and work on project management, shall be the subject of separate undertakings,

– take account of the following financial aspects:

(a) ECU 300 per year per local unit as listed in Commission Decision 92/175/EEC (6);

(b) communication costs, differentiated according to the presence or absence of a national host centre and representing the best price obtained by Eurokom from the provider of communications.
Article 3

Member States shall undertake to invoke the termination clause referred to in the third indent of Article 2 only to be set in accordance with the procedure of Article 20 (3) of Directive 90/425/EEC.
Article 4

The total annual charge resulting from the cost of participating in the network, referred to in point (a) of the fifth indent of Article 2, which shall not exceed the amound provided for in the first year, and its division between Member  States, shall be reexamined before 1 July 1993. However, the maximum price for each Member State for each of years two and three of the contract shall not deviate upwards by more than 10 % of the price for the first year.
Article 5

Should it be ascertained during the implementation of the system that a situation arises, in particular concerning the financial provisions, which is inconsistent with the objectives of this Decision, the Commission shall take the necessary  measures in accordance with the procedure of Article 42 of Council Decision 90/424/EEC (7).
Article 6

This Decision is addressed to the Member States. Done at Brussels, 25 September 1992. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 29. (2) OJ No L 268, 14. 9. 1992, p. 75. (3) OJ No L 221, 9. 8. 1991, p. 30. (4) OJ No L 195, 14. 7. 1992, p. 31. (5) OJ No L 343, 13. 12. 1991, p. 48. (6) OJ No L 80, 25. 3. 1992, p. 1. (7) OJ No L 224, 18. 8.  1990, p. 19.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last  amended by Directive 92/60/EEC (2), and in particular Article 20 (3) thereof,  Whereas on 19 July 1991 the Commission adopted Decision 91/398/EEC on a computerized network linking veterinary authorities (Animo) (3) and on 2 July 1992 Decision 92/373/EEC designating the host centre Animo (4);  Whereas, the ensure the functioning of the computerized network Animo, provision should be made for harmonization of the form of cooperation between the Animo host centre and Member States;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:
Each Member State shall, in accordance with its national rules, designate an authority to be responsible for coordination between the authorities within each Member State.

The coordination authority shall negotiate a contract with Eurokom for the use of the common host centre. The contract shall be signed in accordance with national rules.
The competent authorities of the Member States shall ensure that the contracts referred to in Article 1:

– are valid until 1 July 1995,

– include an annual review clause,

– include a termination clause, subject to six months’ notice,

– include an undertaking by Eurokom to put into operation all the technical requirements laid down in the Annex to Commisison Decision 91/638/EEC (5), based on the technical approach proposed by Eurokom in their offer. Possible related work by Eurokom,  including for each Member State work related to implementation of the system in each Member State and work on project management, shall be the subject of separate undertakings,

– take account of the following financial aspects:

(a) ECU 300 per year per local unit as listed in Commission Decision 92/175/EEC (6);

(b) communication costs, differentiated according to the presence or absence of a national host centre and representing the best price obtained by Eurokom from the provider of communications.
Member States shall undertake to invoke the termination clause referred to in the third indent of Article 2 only to be set in accordance with the procedure of Article 20 (3) of Directive 90/425/EEC.
The total annual charge resulting from the cost of participating in the network, referred to in point (a) of the fifth indent of Article 2, which shall not exceed the amound provided for in the first year, and its division between Member  States, shall be reexamined before 1 July 1993. However, the maximum price for each Member State for each of years two and three of the contract shall not deviate upwards by more than 10 % of the price for the first year.
Should it be ascertained during the implementation of the system that a situation arises, in particular concerning the financial provisions, which is inconsistent with the objectives of this Decision, the Commission shall take the necessary  measures in accordance with the procedure of Article 42 of Council Decision 90/424/EEC (7).
This Decision is addressed to the Member States. Done at Brussels, 25 September 1992. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 29. (2) OJ No L 268, 14. 9. 1992, p. 75. (3) OJ No L 221, 9. 8. 1991, p. 30. (4) OJ No L 195, 14. 7. 1992, p. 31. (5) OJ No L 343, 13. 12. 1991, p. 48. (6) OJ No L 80, 25. 3. 1992, p. 1. (7) OJ No L 224, 18. 8.  1990, p. 19.
			

Pending: 31992D0446

                                January 16, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,  having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into aquatic environment of the Community(1) , as amended by Directive 91/692/EEC of 23 December 1991 standardizing and  rationalizing reports on the implementation of certain Directives relating to the environment(2) , and in particular Article 13 (1) thereof, as well as the relevant provisions of the other Directives referred to in Annex I of Directive 91/692/EEC,  Having regard to Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States(3) , as last amended by Directive 91/692/EEC, and in particular Article 9a  thereof,  Having regard to Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption(4) , as last amended by Directive 91/692/EEC, and in particular Article 17a thereof,  Having regard to Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water(5) , as last amended by Directive 91/692/EEC, and in particular Article 13 thereof,  Whereas the Member States are required to draw up a report on the implementation of certain Community Directives on the basis of questionnaires or outlines drawn up by the Commission; whereas, according to Article 6 of Directive 91/692/EEC, these  questionnaires or outlines are to be drawn up by the Commission assisted in this task by a committee composed of the representatives of the Member States and chaired by the representatives of the Commission;  Whereas the measures envisaged by this Decision are in accordance with the opinion expressed by the aforementioned committee or were not the subject of an opinion of the committee within the time laid down by the chairman of the committee,  HAS ADOPTED THIS DECISION:
Article 1

The questionnaires contained in the Annex are hereby adopted.
Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 July 1992.

For the Commission Karel VAN MIERT Member of the Commission

(1) OJ No L 129, 18. 5. 1976, p. 23.

(2) OJ No L 377, 31. 12. 1991, p. 48.

(3) OJ No L 194, 25. 7. 1975, p. 26.

(4) OJ No L 229, 30. 8. 1980, p. 11.

(5) OJ No L 31, 5. 2. 1976, p. 1.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into aquatic environment of the Community(1) , as amended by Directive 91/692/EEC of 23 December 1991 standardizing and  rationalizing reports on the implementation of certain Directives relating to the environment(2) , and in particular Article 13 (1) thereof, as well as the relevant provisions of the other Directives referred to in Annex I of Directive 91/692/EEC,  Having regard to Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States(3) , as last amended by Directive 91/692/EEC, and in particular Article 9a  thereof,  Having regard to Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption(4) , as last amended by Directive 91/692/EEC, and in particular Article 17a thereof,  Having regard to Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water(5) , as last amended by Directive 91/692/EEC, and in particular Article 13 thereof,  Whereas the Member States are required to draw up a report on the implementation of certain Community Directives on the basis of questionnaires or outlines drawn up by the Commission; whereas, according to Article 6 of Directive 91/692/EEC, these  questionnaires or outlines are to be drawn up by the Commission assisted in this task by a committee composed of the representatives of the Member States and chaired by the representatives of the Commission;  Whereas the measures envisaged by this Decision are in accordance with the opinion expressed by the aforementioned committee or were not the subject of an opinion of the committee within the time laid down by the chairman of the committee,  HAS ADOPTED THIS DECISION:
The questionnaires contained in the Annex are hereby adopted.
This Decision is addressed to the Member States.

Done at Brussels, 27 July 1992.

For the Commission Karel VAN MIERT Member of the Commission

(1) OJ No L 129, 18. 5. 1976, p. 23.

(2) OJ No L 377, 31. 12. 1991, p. 48.

(3) OJ No L 194, 25. 7. 1975, p. 26.

(4) OJ No L 229, 30. 8. 1980, p. 11.

(5) OJ No L 31, 5. 2. 1976, p. 1.
LIST OF OUTLINES  I. Outline of the questionnaire on the following Directives:

– Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community;

– Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chloralkali electrolysis industry(1) ;

– Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges(2) ;

– Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry(3) ;

– Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane(4)  and

– Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in list I of the Annex to Directive 76/464/EEC(5) ,

as last amended by Directive 91/692/EEC.

II. Outline of the questionnaire on Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life(6) , as last amended by Directive 91/692/EEC.

III. Outline of the questionnaire on Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry, as amended by Directive 83/29/EEC(7) , and last by Directive 91/692/EEC.

IV. Outline of the questionnaire on Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters(8) , as last amended by Directive 91/692/EEC.

V. Outline of the questionnaire on Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances(9) , as last amended by Directive 91/692/EEC.

VIA. Outline of the questionnaire on Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States, as last amended by Directive 91/692/EEC;

VIB. Outline of the questionnaire on Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States(10) ,  as last amended by Directive 91/692/EEC.

VII. Outline of the questionnaire on Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption, as last amended by Directive 91/692/EEC.

VIII. Outline of the questionnaire on Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, as last amended by Directive 91/692/EEC.

I. OUTLINE QUESTIONNAIRE ON DIRECTIVE 76/464/EEC AND DAUGHTER DIRECTIVES

(The exact design of the tables will be made at a later stage together with a precise explanation of each question)

Appendix 1: Summary table for questions which, after the first report, require an answer only if there are alterations.

Appendix 2: List of industrial sectors/-processes concerned by questions to list I substances.

General remarks:

(*) Facultative data where available.

(**) The number/figure should be related to each major river basin (watercourse as in Annex I of Council Decision 77/795/EEC, OJ No L 334, 24. 12. 1977, p. 29, as last amended by Council Decision 86/574/EEC OJ No L 335, 28. 11. 1986, p. 44 and to the  coastal zones (territorial-/internal coastal and estuary waters) in order to obtain regionalized information.

A. Measures referring to List I substances of Directive 76/464/EEC

1. Authorizations for direct discharges into surface waters (**)

For the industrial sectors/-processes in Appendix II, give the number of all authorizations granted and still valid for direct discharges into waters. Indicate in brackets what percentage of all discharges is covered by authorizations.

(Article 3.1)

Industrial sectors/-processes concerned

17.2. . . .

2. Authorizations for discharges into sewers (**)

For the industrial sectors/-processes in Appendix II, give the number of all authorizations granted and still valid for discharges into sewers. Indicate in brackets what percentage of all discharges is covered by authorizations.

(Articles 3.1 and 3.2)

17.2. . . .

3. Emission standards for direct discharges into surface waters (**)

What emission standards have been laid down in general for the authorizations for direct discharges (see question A(1) into waters?

(Articles 3.2, 5 and 6.1)

(a) Range of values only, based on/derived from existing national/regional standards or EEC directives.

(b) In brackets the year when these emission standards came into force.

(c) Indicate emission standards derived from:

– best technical means available (Article 6.1)

– quality objectives (Article 6.2).

– certain ecotoxicological conditions (Article 5.2).

(d) How are emission standards defined and measured (reference methods used or others)?

Industrial sectors/-processes concerned

Quantity discharged in relation to production capacity

Concentration

1.1. Chlor-alkali electrolysis

4. Emission standards for discharges into sewers (**)

What emission standards have been laid down in general for the authorizations for discharges into sewers [see question (2)]?

(Articles 3.2, 5 and 6.1)

Pending: 31992D0438

                                January 16, 2026                            

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, since the adoption of Council Decision 88/192/EEC of 28 March 1988 on a system for health control of imports from third countries at frontier inspection posts (Shift project) (2), considerable progress has been made on harmonization in the  veterinary field;  Whereas, in particular, the Council has adopted 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), Directive 91/496/EEC of 15  July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (4) and Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (5);  Whereas, in the light of the favourable trend in harmonization in the veterinary sector, it is appropriate to lay down fresh provisions on computerization of veterinary import procedures and therefore to repeal Decision 88/192/EEC;  Whereas these fresh provisions must help protect public and animal health while permitting attainment of the internal market for animals and animal products;  Whereas these new provisions are all the more necessary in that inspection at internal frontiers is to be discontinued;  Whereas computerization of veterinary import procedures must provide an efficient way for an official veterinarian rejecting a consignment at a border inspection post to pass on relevant information and also data bases detailing import requirements and  imports of animals and animal products;  Whereas Directives 90/675/EEC, 91/496/EEC and 91/628/EEC should be amended accordingly;  Whereas provision should be made in Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (6) for the Community to contribute financially to implementation of the new measures relating to the computerization of veterinary  import procedures;  Whereas the Commission should be entrusted with the task of adopting the necessary implementing rules,  HAS ADOPTED THIS DECISION:
Article 1

1. Computerization of veterinary import procedures shall comprise:

– a procedure for passing on the relevant information when an official veterinarian at a border inspection post re-routes a consignment;

– the organization and operation of data bases covering the Community’s import requirements for animals and products;

– the organization and operation of data bases covering imports into the Community of animals and products.

2. The computerization specified in paragraph 1 shall meet present international standards.
Article 2

For the purposes of this Decision, the definitions given in Directives 90/675/EEC, 91/496/EEC and 91/628/EEC shall be applicable as required.
Article 3

1. The information procedure referred to in the first indent of Article 1 (1) shall cover border inspection posts, the central authorities of the Member States and the Commission.

2. The information procedure referred to in the first indent of Article 1 (1) shall operate as specified in Annex I.
Article 4

1. The data bases referred to in the second indent of Article 1 shall contain full details of requirements for importing animals and products into the Community, in particular information on lists of authorized third countries, approved  establishments, protective measures adopted and authorized specimen certificates.

2. The data bases referred to in the second indent of Article 1 (1) shall be organized and operated as specified in Annex II.
Article 5

1. The data bases referred to in the third indent of Article 1 (1) shall contain full information on each consignment of animals or products brought into the Community, covering in particular the conditions of transport of the animals as  specified in Chapter III of Directive 91/628/EEC and the outcome of the checks carried out under Directives 90/675/EEC and 91/496/EEC.

2. The data bases referred to in the third indent of Article 1 shall be organized and operated as specified in Annex III.
Article 6

The equipment used at border inspection posts for the purposes of this Decision may be that specified in Article 2 (2) of Commission Decision 91/398/EEC of 19 July 1991 on a computerized network linking veterinary authorities (Animo) (7).
Article 7

Decision 88/192/EEC is hereby repealed.
Article 8

Directive 90/675/EEC is hereby amended as follows:

1. the following indent shall be added to Article 4 (1):

‘- that no indication of rejection of the consignment has been given through the procedure specified in the first indent of Article 1 of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project) (*).

(*) OJ No L 243, 25. 8. 1992, p. 27.’

2. the following shall be added to Article 8 (2):

‘(d) consult the data bases specified in the second indent of Article 1 of Decision 92/438/EEC.’

3. the following sentence shall be added to Article 9 (2) (iii):

‘He shall ensure that all updating of the data bases indicated in the third indent of Article 1 of Decision 92/438/EEC is carried out.’

4. the first indent in Article 11 (4) (b) shall be replaced by:

‘- using the computerized network linking veterinary authorities (Animo), give the official veterinarian at the inspection post of the place of destination notice of the passage of the products and of their probable date of arrival,’.

5. the following sentence shall be added to Article 11 (4) (b):

‘In such cases, the competent authority shall be informed through the computerized network linking veterinary authorities (Animo).’

6. in Article 16 (1) (a) the first indent shall be replaced by:

‘- activate the information procedure provided for in the first indent of Article 1 of Decision 92/438/EEC,’.

7. in Article 16 (1) (a) the third indent shall be deleted.

8. Article 16 (5) shall be replaced by the following:

‘5. The provisions of Decision 92/438/EEC shall apply.’
Article 9

Directive 91/496/EEC is hereby amended as follows:

1. the following indent shall be added to Article 4 (1):

‘- that no indication of rejection of the consignment has been given through the procedure specified in the first indent of Article 1 of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project). (*)

(*) OJ No L 243, 25. 8. 1992, p. 27.’

2. in Article 4 (2) the following shall be added as second subparagraph:

‘The check must be made after reference to the data bases specified in the second indent of Article 1 of Decision 92/438/EEC.’

3. in Article 6 (2) the following sentence shall be added:

‘The official veterinarian shall ensure that all updating of the data bases indicated in the third indent in Article 1 of Decision 92/438/EEC is carried out.’

4. in Article 9 (1) (d) the words ‘referrred to in the second subparagraph of Article 12 (4)’ shall be replaced by ‘referred to in Article 20 of Directive 90/425/EEC’.

5. in Article 12 (1) (c) the first indent shall be replaced by the following:

‘- activate the information procedure provided for in the first indent of Article 1 of Decision 92/438/EEC’.

6. in Article 12 (1) (c) the third indent shall be deleted.

7. Article 12 (4) shall be replaced by the following:

‘4. The provisions of Decision 92/438/EEC shall apply.’

8. in the first subparagraph of Article 30 (2) the words ‘in the second subparagraph of’ shall be deleted.
Article 10

The following paragraph shall be added to Article 11 of Directive 91/628/EEC:

‘5. The provisions of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project) (*) shall be applicable.

(*) OJ No L 243, 25. 8. 1992, p. 27.’
Article 11

The following Article shall be added to Decision 90/424/EEC:

‘Article 37a

1. Community financial assistance may be granted for computerization of veterinary import procedures as specified in Decision 92/438/EEC (*).

2. Organizational arrangements for financing under paragraph 1 and the level of the Community’s contribution shall be determined in accordance with the procedure laid down in Article 41.

(*) OJ No L 243, 25. 8. 1992, p. 27.’
Article 12

The rules required for application of this Decision shall be adopted, as required, in accordance with the procedure laid down in Article 13.
Article 13

1. The Commission shall be assisted by the Standing Veterinary Committee set up by Decision 68/361/EEC (8), hereinafter referred to as ‘the Committee’.

2. Where the procedure laid down in this Article is to be followed, matters shall without delay be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.

3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit which the chairman may lay down according to the urgency of the matter. Opinions shall be  delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.

4. (a) The Commission shall adopt the measures and implement them immediately where they are in accordance with the opinion of the Committee.

(b) Where they are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.

If, within three months of the date on which a proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.
Article 14

The provisions of this Decision shall be reviewed before 1 July 1995, in order to take account of technological developments and to make the necessary improvements especially in view of any developments which may already be recorded in the  most advanced Member States.
Article 15

This Decision is addressed to the Member States. Done at Brussels, 13 July 1992. For the Council

The President

(1) Opinion delivered on 10 July 1992 (not yet published in the Official Journal). (2) OJ No L 89, 6. 4. 1988, p. 32. (3) OJ No L 373, 31. 12. 1990, p. 1; Directive as amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56). (4) OJ  No L 268, 24. 9. 1991, p. 56; Directive as amended by Directive 91/628/EEC (OJ No L 340, 12. 12. 1991, p. 17). (5) OJ No L 340, 11. 12. 1991, p. 17. (6) OJ No L 224, 18. 8. 1990, p. 19. Decision as last amended by Regulation (EEC) No 3763/91 (OJ No L  356, 24. 12. 1991, p. 1). (7) OJ No L 221, 9. 8. 1991, p. 30. (8) OJ No L 255, 18. 10. 1968, p. 23.
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, since the adoption of Council Decision 88/192/EEC of 28 March 1988 on a system for health control of imports from third countries at frontier inspection posts (Shift project) (2), considerable progress has been made on harmonization in the  veterinary field;  Whereas, in particular, the Council has adopted 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), Directive 91/496/EEC of 15  July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (4) and Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (5);  Whereas, in the light of the favourable trend in harmonization in the veterinary sector, it is appropriate to lay down fresh provisions on computerization of veterinary import procedures and therefore to repeal Decision 88/192/EEC;  Whereas these fresh provisions must help protect public and animal health while permitting attainment of the internal market for animals and animal products;  Whereas these new provisions are all the more necessary in that inspection at internal frontiers is to be discontinued;  Whereas computerization of veterinary import procedures must provide an efficient way for an official veterinarian rejecting a consignment at a border inspection post to pass on relevant information and also data bases detailing import requirements and  imports of animals and animal products;  Whereas Directives 90/675/EEC, 91/496/EEC and 91/628/EEC should be amended accordingly;  Whereas provision should be made in Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (6) for the Community to contribute financially to implementation of the new measures relating to the computerization of veterinary  import procedures;  Whereas the Commission should be entrusted with the task of adopting the necessary implementing rules,  HAS ADOPTED THIS DECISION:
1. Computerization of veterinary import procedures shall comprise:

– a procedure for passing on the relevant information when an official veterinarian at a border inspection post re-routes a consignment;

– the organization and operation of data bases covering the Community’s import requirements for animals and products;

– the organization and operation of data bases covering imports into the Community of animals and products.

2. The computerization specified in paragraph 1 shall meet present international standards.
For the purposes of this Decision, the definitions given in Directives 90/675/EEC, 91/496/EEC and 91/628/EEC shall be applicable as required.
1. The information procedure referred to in the first indent of Article 1 (1) shall cover border inspection posts, the central authorities of the Member States and the Commission.

2. The information procedure referred to in the first indent of Article 1 (1) shall operate as specified in Annex I.
1. The data bases referred to in the second indent of Article 1 shall contain full details of requirements for importing animals and products into the Community, in particular information on lists of authorized third countries, approved  establishments, protective measures adopted and authorized specimen certificates.

2. The data bases referred to in the second indent of Article 1 (1) shall be organized and operated as specified in Annex II.
1. The data bases referred to in the third indent of Article 1 (1) shall contain full information on each consignment of animals or products brought into the Community, covering in particular the conditions of transport of the animals as  specified in Chapter III of Directive 91/628/EEC and the outcome of the checks carried out under Directives 90/675/EEC and 91/496/EEC.

2. The data bases referred to in the third indent of Article 1 shall be organized and operated as specified in Annex III.
The equipment used at border inspection posts for the purposes of this Decision may be that specified in Article 2 (2) of Commission Decision 91/398/EEC of 19 July 1991 on a computerized network linking veterinary authorities (Animo) (7).
Decision 88/192/EEC is hereby repealed.
Directive 90/675/EEC is hereby amended as follows:

1. the following indent shall be added to Article 4 (1):

‘- that no indication of rejection of the consignment has been given through the procedure specified in the first indent of Article 1 of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project) (*).

(*) OJ No L 243, 25. 8. 1992, p. 27.’

2. the following shall be added to Article 8 (2):

‘(d) consult the data bases specified in the second indent of Article 1 of Decision 92/438/EEC.’

3. the following sentence shall be added to Article 9 (2) (iii):

‘He shall ensure that all updating of the data bases indicated in the third indent of Article 1 of Decision 92/438/EEC is carried out.’

4. the first indent in Article 11 (4) (b) shall be replaced by:

‘- using the computerized network linking veterinary authorities (Animo), give the official veterinarian at the inspection post of the place of destination notice of the passage of the products and of their probable date of arrival,’.

5. the following sentence shall be added to Article 11 (4) (b):

‘In such cases, the competent authority shall be informed through the computerized network linking veterinary authorities (Animo).’

6. in Article 16 (1) (a) the first indent shall be replaced by:

‘- activate the information procedure provided for in the first indent of Article 1 of Decision 92/438/EEC,’.

7. in Article 16 (1) (a) the third indent shall be deleted.

8. Article 16 (5) shall be replaced by the following:

‘5. The provisions of Decision 92/438/EEC shall apply.’
Directive 91/496/EEC is hereby amended as follows:

1. the following indent shall be added to Article 4 (1):

‘- that no indication of rejection of the consignment has been given through the procedure specified in the first indent of Article 1 of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project). (*)

(*) OJ No L 243, 25. 8. 1992, p. 27.’

2. in Article 4 (2) the following shall be added as second subparagraph:

‘The check must be made after reference to the data bases specified in the second indent of Article 1 of Decision 92/438/EEC.’

3. in Article 6 (2) the following sentence shall be added:

‘The official veterinarian shall ensure that all updating of the data bases indicated in the third indent in Article 1 of Decision 92/438/EEC is carried out.’

4. in Article 9 (1) (d) the words ‘referrred to in the second subparagraph of Article 12 (4)’ shall be replaced by ‘referred to in Article 20 of Directive 90/425/EEC’.

5. in Article 12 (1) (c) the first indent shall be replaced by the following:

‘- activate the information procedure provided for in the first indent of Article 1 of Decision 92/438/EEC’.

6. in Article 12 (1) (c) the third indent shall be deleted.

7. Article 12 (4) shall be replaced by the following:

‘4. The provisions of Decision 92/438/EEC shall apply.’

8. in the first subparagraph of Article 30 (2) the words ‘in the second subparagraph of’ shall be deleted.
The following paragraph shall be added to Article 11 of Directive 91/628/EEC:

‘5. The provisions of Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project) (*) shall be applicable.

(*) OJ No L 243, 25. 8. 1992, p. 27.’
The following Article shall be added to Decision 90/424/EEC:

‘Article 37a

1. Community financial assistance may be granted for computerization of veterinary import procedures as specified in Decision 92/438/EEC (*).

2. Organizational arrangements for financing under paragraph 1 and the level of the Community’s contribution shall be determined in accordance with the procedure laid down in Article 41.

(*) OJ No L 243, 25. 8. 1992, p. 27.’
The rules required for application of this Decision shall be adopted, as required, in accordance with the procedure laid down in Article 13.
1. The Commission shall be assisted by the Standing Veterinary Committee set up by Decision 68/361/EEC (8), hereinafter referred to as ‘the Committee’.

2. Where the procedure laid down in this Article is to be followed, matters shall without delay be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.

3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit which the chairman may lay down according to the urgency of the matter. Opinions shall be  delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.

4. (a) The Commission shall adopt the measures and implement them immediately where they are in accordance with the opinion of the Committee.

(b) Where they are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.

If, within three months of the date on which a proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.
The provisions of this Decision shall be reviewed before 1 July 1995, in order to take account of technological developments and to make the necessary improvements especially in view of any developments which may already be recorded in the  most advanced Member States.
This Decision is addressed to the Member States. Done at Brussels, 13 July 1992. For the Council

The President

(1) Opinion delivered on 10 July 1992 (not yet published in the Official Journal). (2) OJ No L 89, 6. 4. 1988, p. 32. (3) OJ No L 373, 31. 12. 1990, p. 1; Directive as amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56). (4) OJ  No L 268, 24. 9. 1991, p. 56; Directive as amended by Directive 91/628/EEC (OJ No L 340, 12. 12. 1991, p. 17). (5) OJ No L 340, 11. 12. 1991, p. 17. (6) OJ No L 224, 18. 8. 1990, p. 19. Decision as last amended by Regulation (EEC) No 3763/91 (OJ No L  356, 24. 12. 1991, p. 1). (7) OJ No L 221, 9. 8. 1991, p. 30. (8) OJ No L 255, 18. 10. 1968, p. 23.
1. The basic principle of the system is that each relevant authority (border inspection post; central authority of the Member State; Commission) will have random access to a computerized file of consignments of animals or products  re-dispatched under Article 12 (1) (c) of Directive 91/496/EEC or Article 16 (1) (a) of Directive 90/675/EEC.

2. This file will be updated by the competent authorities of the Member States. Information must be conveyed with all speed via the public packet-switching network.

3. The Commission shall be responsible for the network. The operator shall be selected and the overall techical specifications of the network determined in accordance with the procedure laid down in Article 13 of this Decision.

4. The reasons for re-dispatching a consignment shall be entered in the file. The rules for applying this paragraph shall be adopted in accordance with the procedure provided for in Article 13.
1. The Commission shall establish a data base of the Community requirements for importation of live animals and products and shall make it available to each Member State and each border inspection post.

2. Each Member State shall establish a data base of national requirements (not covered by paragraph 1) for importation of live animals and products into its territory. Each will make this available to the other Member States, the Commission and all  Community border inspection posts.

3. Each Member State shall determine how its border inspection posts are to have access to the data bases indicated in paragraphs 1 and 2.

4. The Commission shall be responsible for updating the data base indicated in paragraph 1. The Member States shall be individually responsible for updating the data bases indicated in paragraph 2.

5. The technical requirements for harmonization of the data bases and for their updating shall be determined in accordance with the procedure laid down in Article 13.
1. Each Member State shall set up a data base covering the animals and products brought into its territory.

2. Each Member State shall transmit to the Commission, at a frequency or frequencies to be determined in accordance with the procedure laid down in Article 13, information extracted from the data bases indicated in paragraph 1.

3. The technical requirements for harmonization of the data bases and for transmission of information to the Commission shall be determined in accordance with the procedure laid down in Article 13.