Article 5

1. Member States shall ensure that meat products which do not fulfil the requirements of Articles 3 and 4 are not given the health mark provided for in Directive 77/99/EEC, Annex A, Chapter VII. 2. The country of destination may prohibit the entry of meat products into circulation in its territory (1)OJ No L 302, 31.12.1972, p. 24. (2)OJ No L 16, 20.1.1978, p. 22. (3)OJ No 121, 29.7.1964, p. 2012/64. (4)OJ No L 172, 3.7.1975, p. 17. (5)OJ No L 302, 31.12.1972, p. 28. (6)OJ No L 26, 31.1.1977, p. 81. if it has been established that Articles 3 and 4 have not been complied with. 3. In such case, the country of destination must, at the request of the consignor or his representative, authorize the return of the whole consignment of meat products, provided that this is not contrary to animal health considerations. 4. The competent authority of the country of destination may order the consignment to be destroyed at the expense of the consignor, the consignee or their representative without indemnification by the State, where entry into circulation is prohibited pursuant to paragraph 2 and where the exporting country or country of transit, as the case may be, does not authorize return of the consignment. 5. The decisions taken by the competent authority under paragraphs 2, 3 and 4 must be communicated to the consignor or his representative, together with the reasons for such decisions. Where the consignor or his representative so requests, these decisions and the grounds on which they have been taken must be communicated to him forthwith in writing with an indication of the remedies for which current legislation makes provision, their forms and the time limits within which they are open. The decisions must also be communicated to the competent central authority of the exporting country.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.