CHAPTER IIU.K.Safeguard provisions

Article 18U.K.

1.If a disease referred to in Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community(1), a zoonosis or other disease or phenomenon liable to present a serious threat to animal or human health occurs or spreads in the territory of a third country, or if any other serious animal health reason so warrants, in particular in the light of the findings of its veterinary experts, the Commission may, acting on its own initiative or at the request of a Member State, adopt one of the following measures without delay and depending on the gravity of the situation:

  • suspend imports coming from all or part of the third country concerned, and where appropriate from the third country of transit,

  • set special conditions in respect of animals coming from all or part of the third country concerned.

2.If one of the checks provided for in this Directive indicates that a consignment of animals is likely to constitute a danger for animal or human health, the competent veterinary authority shall immediately take the following measures:

  • it shall seize and destroy the consignment,

  • it shall immediately inform the other border inspection posts and the Commission of the findings and of the origin of the animals, in accordance with Article 12 (4).

3.In the case provided for in paragraph 1, the Commission may take interim protective measures in respect of animals covered by Article 9.

4.Representatives of the Commission may make an immediate visit to the third country concerned.

5.In the case where a Member State informs the Commission officially of the need to take safeguard measures and the Commission has not invoked paragraphs 1 and 3 or made a referral to the Standing Veterinary Committee in accordance with paragraph 6, that Member State may take interim protective measures in respect of the animals in question.

Where a Member State takes interim protective measures in respect of a third country under the terms of this paragraph, it shall inform the other Member States and the Commission in accordance with Article 12 (5).

6.Within 10 working days, the Standing Veterinary Committee shall have the matter referred to it, pursuant to the terms of Article 22, with a view to the extension, amendment or repeal of the measures provided for in paragraphs 1, 3 and 5.

7.Decisions to extend, amend or repeal measures decided on pursuant to paragraphs 1, 2, 3 and 6 shall be taken in accordance with the procedure laid down in Article 22.

8.Detailed rules for the application of this Chapter shall be adopted, where the need arises, in accordance with the procedure laid down in Article 23.

(1)

OJ No L 378, 31.12.1982, p. 58. Directive as last amended by Decision 90/134/EEC (OJ No L 76, 22.3.1990, p. 23).