30.1.98 Official Journal of the European Communities L 24/9 COUNCIL DIRECTIVE 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Parliament (?), European Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas the animal products or products of animal origin and plant products subject to checks intended to prevent the spread of contagious or infectious animal diseases are listed in Annex II to the Treaty; (2) Whereas laying down principles at Community level on the organisation of veterinary checks on products coming from third countries helps to safeguard supplies and ensure market stability while also harmonising the measures necessary to ensure the protection of animal and public health; (3) Whereas the establishment of the internal market has accentuated the need to lay down common principles for veterinary checks, given that internal border checks have been abolished; (4) Whereas, since Council Directive 90/675/EEC of the 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (*) was adopted, developments have taken place in the application of the Directive and fresh experience has been gained; whereas in the interests of transparency, the Directive should be amended; (5) Whereas harmonised conditions for all products of animal origin imported from third countries into the Community should be established; whereas for that reason a single checking scheme for these products should be applied and the requisite adjustments made; (') OJ C 285, 23.8.1997, p. 7. (*) OJ C 85, 17.3.1997, p. 76. () OJ C 66, 3.3.1997, p. 43. (*) OJ L 373, 31.12.1990, p. 1. Directive as last amended by Directive 96/43/EC (O] L 162, 1.7.1996, p. 1). (6) (11) (13) Whereas rules must be laid down whereby consignments which have been introduced into the Community without being presented at a border inspection post will undergo the veterinary checks at such a post; Whereas Member States may, in certain cases, impose additional requirements for products to be imported; whereas the Member State making the checks has to take account of these extra national requirements when doing so; Whereas, with regard to the transhipment by sea or air of products with a final destination in the Community, clear rules should be laid down on where to carry out the checks; Whereas Community legislation requires certain products to be monitored from the place of arrival in the Community to the place of destination to safeguard public and animal health; whereas for that reason strict rules must be laid down; Whereas strict rules should be established to ensure that products arriving at the Community border without having the Community as final destination will leave the Community; Whereas those products which comply with Community requirements for importation should be separated from those which do not; whereas to take account of these differences, separate checking systems should be laid down; Whereas the supply of products of animal origin for the crew and passengers of sea and air transport is of considerable commercial importance in the Community; whereas those products often do not comply with Community requirements; whereas for that reason strict rules should be laid down to safeguard public and animal health; Whereas a Community product which is refused by a third country and which is returned to the Community should be regarded as no longer fulfilling Community requirements; whereas for that reason strict rules in that regard should be laid down to safeguard public and animal health; Whereas extra safeguards should be laid down with a view to the prevention of fraud and provision should be made for harmonised measures to stamp out fraudulent operations and irregularities;