No L 367/36 Official Journal of the European Communities 16. 12. 92 COMMISSION DECISION of 15 December 1992 relating to new transitional measures which are necessary to facilitate the move to the system of veterinary checks provided for in Council Directive 90/675/EEC (92/571/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (), as last amended by Decision 92/438/EEC (3, and in particular Article 30 thereof, Whereas Directive 90/675/EEC makes arrangements for a new system of veterinary checks for products entering the Community from third countries; Whereas the Commission, in Decision 92/399/EEC (%), adopted certain transitional measures to facilitate the move to the new system of veterinary checks provided for in Council Directive 90/675/EEC ; Whereas it is necessary to lay down new transitional measures which facilitate the gradual implementation of the system established by Directive 90/675/EEC ; whereas Commission Decision 92/399/EEC must therefore be revoked ; Whereas, although at this stage controls on harmonized products can be carried out at the external border of the Community, it is nevertheless appropriate that in certain cases, for non-harmonized products, some controls should still be carried out in the Member State of destination ; Whereas pending the application of a lesser frequency of checks, determined for certain third countries in accordance with Article 8 (3) of Council Directive 90/675/EEC, Member States need to continue to apply the frequencies in force before 1 July 1992; Whereas the cost of veterinary controls is chargeable either to the importer or to his representative, and whereas the absence of a fixed tariff of costs can distort competition between Member States; whereas it is advisable for Member States to take the necessary measures to permit their establishment and payment ; Whereas, moreover, it is justified to allow the option of controls during transportation provided that they do not jeopardize the abolition of internal borders pursuant to Council Directive 89/662/EEC of 11 December 1989 () OJ No L 373, 31. 12. 1990, p. 1. () O No L 243, 25. 8. 1992, p. 27. () OJ No L 221, 6. 8. 1992, p. 54. concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (*), as last amended by Directive 92/67/EEC (%) ; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION : Article 1 The provisions of Article 8 of Council Directive 90/675/EEC shall apply to the list of products appearing in the Annex hereto. Nevertheless, a Member State which conducts identifica- tion checks and physical checks when products are brought into the territory of the Community may, when special conditions so warrant, submit a request on or before 18 December 1992, duly accompanied by sup- porting evidence seeking permission from the Commis- sion to carry out those controls in a place in that Member State other than the pre-selected border inspection post of entry. In that event, the forwarding of the products to that place shall be subject to the conditions of Article 2 (b) hereof. The request shall be followed by the adoption of a Deci- sion by the Commission. Article 2 Article 11 of Directive 90/675/EEC shall apply subject to the following rules: (a) the competent veterinary authority in the Member States into which the products are brought shall in all cases carry out the documentary check on those products either at the pre-selected border inspection posts or at the border crossing points ; (b) when, in accordance with the procedure of bilateral agreements under Article 11 (2) (b) of that Directive, identification checks and physical checks are conducted in the Member State of destination, those controls shall be carried out, after carriage of the () OJ No L 395, 30. 12. 1989, p. 13. () OJ No L 268, 14. 9. 1992, p. 73.