Article 16

1. Where the checks referred to in this Directive show the competent authority that the product does not satisfy the requirements laid down in the Community rules or national rules in matters which have not yet been harmonized at Community level, or where such checks reveal an irregularity, the competent authority, in consultation with the importer or his representative, shall decide either: to re-dispatch, within a time limit to be set by the competent national authority, the consignment outside the territories referred in Annex I where veterinary inspection and health requirements so allow. inform the other border inspection posts, in accordance with paragraph 5 that the consignment has been rejected, indicating the infringements observed; under arrangements to be defined by the Commission in accordance with the procedure provided for in Article 24, cancel the veterinary certificate or document accompanying the rejected consignments; at intervals to be determined by the Commission, supply information via the competent central authority, as to the nature and frequency of the infringements observed; In this case, the official veterinarian of the border post must: to destroy the consignment in the territory of the Member State where the checks were carried out if re-dispatch is impossible. 2. Without prejudice to the options provided in Article 24 (5) third subparagraph of Directive 72/462/EEC and in Article 8 (1) (b) first indent of Directive 90/425/EEC, derogations from paragraph 1 of this Article may be made in accordance with the procedure laid down in Article 24, in particular to permit the use of products for purposes other than human consumption. In the context of such derogations and in accordance with the same procedure, conditions shall be adopted with regard to the use of the products concerned. 3. The importer or his representative shall be liable for the costs incurred in the process of re-dispatching or destroying the consignment or using the product for other purposes. 4. Detailed rules for the application of this Article shall be adopted, where necessary, in accordance with the procedure laid down in Article 24. 5. Provisions concerning the communication of information to the Member States will be adopted in the context of the programme for developing the computerization of veterinary procedures in respect of imports (Shift project). 6. The competent authorities shall, were appropriate, communicate to the Commission and the other Member States any information at their disposal in accordance with Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (1).

← art_15__para · All articles · 1. →

Source: EUR-Lex (Cellar) · retrieved 2026-11-06 · Text as adopted (Official Journal); later amendments are not incorporated in this text.