Council Directive of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (90/425/EEC) (repealed)

Article 9 U.K.

1. In the cases provided for in Article 8, the competent authority of the Member State of destination shall contact the competent authorities of the Member State of dispatch without delay. The latter authorities shall take all necessary measures and notify the competent authority of the first Member State of the nature of the checks carried out, the decisions taken and the reasons for such decisions.

If the competent authority of the Member State of destination fears that such measures are inadequate, the competent authorities of the two Member States shall together seek ways and means of remedying the situation; if appropriate, this may involve an on-the-spot inspection.

Where the checks provided for in Article 8 show repeated irregularities, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States.

The Commission, at the request of the competent authority of the Member State of destination or on its own initiative, and taking into account the nature of the infringements established, may:

• send inspectors, in collaboration with the competent national authorities, to the place concerned,

• instruct an official veterinarian, whose name shall be on a list to be prepared by the Commission at the suggestion of the Member States, and who is acceptable to the various parties concerned, to check the facts on the spot,

• request the competent authority to intensify checks on the holding, the centre, the organization, the approved market or assembly centre or the region of origin.

It shall inform the Member States of its findings.

Pending the Commission's findings, the Member State of dispatch must, at the request of the Member State of destination, intensify checks on animals and products coming from the holding, centre, organization, approved market or assembly centre or region in question, and if there are serious public or animal health grounds, suspend issue of any certificates or movement documents.

The Member State of destination may, for its part, intensify checks on animals coming from the same holding, centre, organization, approved market or assembly centre or region.

At the request of one of the two Member States concerned — where the irregularities are confirmed by the expert's opinion — the Commission must, in accordance with the procedure laid down in Article 17, take the appropriate measures, which may go as far as authorizing the Member States to prohibit provisionally the bringing into their territory of animals and products coming from that holding, centre, organization, approved market or assembly centre or region. These measures must be confirmed or reviewed as soon as possible in accordance with the procedure laid down in Article 17.

2. Except in cases provided for in the fourth subparagraph, rights of appeal existing under the laws in force in the Member States against decisions by the competent authorities shall not be affected by this Directive.

Decisions taken by the competent authority of the State of destination and the reasons for such decisions shall be notified to the consignor or his representative and to the competent authority of the Member State of dispatch.

If the consignor or his representative so requests, the said decisions and reasons shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the Member State of destination and of the procedure and time limits applicable.

However, in the event of a dispute, the two parties concerned may, if they so agree, within a maximum period of one month, submit the dispute for the assessment of an expert whose name appears on a list of Community experts to be drawn up by the Commission; the cost of consulting the expert shall be borne by the Community.

Such experts shall issue their opinions within not more than 72 hours or after receiving the results of any analyses. The parties shall abide by the expert's opinion, with due regard for Community veterinary legislation.

3. The costs of returning the consignment, holding or isolating the animals or, if appropriate, slaughtering or destroying them shall be borne by the consignor, his representative or the person responsible for the animals or products.

4. The detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 18 or, where appropriate, in Article 19.