COUNCIL DIRECTIVE 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas game meat is included in the list of products in Annex II to the Treaty; whereas the placing on the market of wild game meat constitutes an additional source of income for part of the farming population;
Whereas, in order to ensure the rational development of this sector and to improve productivity, rules concerning public health and animal health problems affecting the production and placing on the market of wild game meat must be laid down at Community level;
Whereas disparities as regards animal health and public health conditions in the Member States should be eliminated in order to encourage intra-Community trade in such meat, with a view to the completion of the internal market;
Whereas diseases communicable to domestic animals and humans may be spread by such meat; whereas it is necessary to lay down rules enabling these risks to be controlled;
Whereas it is necessary to lay down the hygiene conditions in which wild game meat must be obtained, processed and inspected, in order to prevent food-borne infections or food poisoning;
Whereas it is necessary to stipulate the hygiene rules to be complied with by wild game processing houses for the purposes of approval for trade;
Whereas, in respect of the organization of, and the follow-up to, the checks to be carried out by the Member State of destination and the safeguard measures to be implemented, reference should be made to general rules laid down in Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (4);
Whereas wild game and wild-game meat imported from third countries should be subject to the minimum requirements laid down by this Directive for trade between Member States, and compliance therewith should be monitored in accordance with the principles and rules set out in Directive 90/675/EEC (5);
Whereas it is appropriate to permit derogations for small quantities of wild game meat;
Whereas it is appropriate to grant temporary derogations to allow wild game processing houses to comply with the new requirements;
Whereas the Commission should be charged with adopting measures to implement this Directive; whereas, to that end, a procedure should be set up establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;
Whereas the deadline for transposition into national law, set at 1 January 1994 in Article 23, should not affect the abolition of veterinary checks at frontiers on 1 January 1993,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I General provisions
Article 1
1. This Directive lays down public health and animal health rules applicable to the killing of wild game and to the preparation and placing on the market of wild game meat.
(& {È%};) OJ No L 395, 30. 12. 1989, p. 13. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(& {È& };) 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 (OJ No L 373, 31. 12. 1990, p. 1). Amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
2. This Directive shall not apply to:
(a) small numbers of wild game, unskinned or unplucked, and, in the case of small wild game, ineviscerated, supplied directly by the hunter to the consumer or to the retailer;
(b) small quantities of wild-game meat supplied directly to the final consumer;
(c) the cutting and storage of wild-game meat in retail shops or in premises adjacent to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot.
The above operations shall continue to be subject to the public health checks provided for in national rules governing retailing.
3. The provisions of this Directive concerning trade or imports from third countries shall not apply to trophies or to killed wild game carried by travellers in their private vehicle provided that only a small quantity of small wild game or a single large wild game animal is involved and the circumstances indicate that there is no question of the meat of such game being intended for trade or commercial use, and provided that the game in question does not come from a country or a part of a country trade from which is prohibited pursuant to Article 11 (2) and 3 or Article 18.
Article 2
1. For the purposes of this Directive, the following definitions shall apply:
(a) 'wild game': wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds which are not covered by Article 2 of Council Directive 91/495/EEC of 27 November 1990, concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (6);
(b) 'large wild game': wild ungulates;
(c) 'small wild game': wild mammals of the Leporidae family and wild game birds intended for human consumption;
(d) 'wild-game meat': all parts of wild game which are fit for human consumption;
(e) 'wild game processing house': an establishment approved in accordance with Article 7 in which wild game is processed and wild game meat is obtained and inspected in accordance with the hygiene rules laid down in this Directive;
(f) 'collection centre': any place where killed wild game is kept in accordance with the hygiene rules in Annex I, Chapter IV (2) prior to being transported to a processing house;
(g) 'placing on the market': holding or displaying for sale, offering for sale, selling, delivering or any other form of placing on the market of wild game meat for human consumption in the Community, excluding supplies pursuant to Article 1 (2);
(h) 'trade': trade between Member States within the meaning of Article 9 (2) of the Treaty.
2. For the purposes of this Directive the definitions in Article 2 of Directive 89/662/EEC and Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7), and the definition of fresh meat in Article 2 (b) of Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (8), shall apply as necessary.
CHAPTER II Provisions applicable to Community production and trade
Article 3
1. Member States shall ensure that wild game meat:
(a) comes from wild game which:
- has been killed in a hunting area by means authorized under national legislation governing hunting,
- does not come from a region subject to restrictions pursuant to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (& {È%};), Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (& {È& };) and Council Directive 91/495/EEC or from a hunting area subject to restrictions pursuant to Articles 10 and 11 of this Directive,
- immediately after killing has been prepared in accordance with Annex I, Chapter III, and transported within a maximum of 12 hours to a processing house as referred to in (b) or to a (²) OJ No L 224, 18. 8. 1990, p. 29. Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(³) OJ No L 121, 29. 7. 1964, p. 2012/64. Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(& {È%};) OJ No L 302, 31. 12. 1972, p. 24. Last amended by Directive 91/266/EEC (OJ No L 134, 29. 5. 1991, p. 45).
(& {È& };) OJ No L 268, 24. 9. 1991, p. 35.
collection centre where it must be chilled to the temperatures specified in Annex I, Chapter III, and from which it must be taken to a processing house as referred to in (b) within 12 hours or, in the case of remote regions where climatological conditions so permit, within a period to be fixed by the competent authority to enable the official veterinarian of the said processing house to carry out the post mortem inspection provided for in Annex I, Chapter V, under satisfactory conditions;
(b) is obtained:
(i) either in a wild game processing house fulfilling the general conditions of Annex I, Chapters I and II, and approved for the purposes of the present Chapter in accordance with Article 7;
(ii) in the case of large wild game, in an establishment approved in accordance with Article 10 of Directive 64/433/EEC, or, in the case of small wild game, in accordance with Article 5 of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (¹) provided that:
- such game is skinned in rooms separate from those reserved for meat covered by those Directives, or at different times,
- such establishments are given special approval for the purposes of this Directive,
- measures are taken to allow clear identification of meat obtained pursuant to the present Directive and meat obtained pursuant to Directives 64/433/EEC and 71/118/EEC;
(c) comes from killed animals which have undergone visual inspection by the official veterinarian:
- to detect any anomalies. The official veterinarian may base his diagnosis on any information supplied by the hunter, where appropriate on the basis of a certificate laid down by the authority responsible for hunting rules, on the behaviour of the animal before killing,
- to check that death is not due to causes other than hunting;
(d) comes from wild game which:
- has been handled under satisfactory hygiene conditions, in accordance with Annex I, Chapters III and IV,
- has undergone, in accordance with Annex I, Chapter V, post-mortem inspection by an official veterinarian or, by auxiliaries holding the professional qualifications to be specified in (¹) OJ No L 55, 8. 3. 1971, p. 23. Last amended by Directive 90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48).
accordance with the procedure laid down in Article 22, acting under the supervision of the official veterinarian,
- has not shown any change except for traumatic lesions which occurred during killing or localized malformations or changes, provided that it is established, if necessary by appropriate laboratory tests, that these do not render the meat unfit for human consumption or dangerous to human health,
- on which, in the case of small wild game which has not immediately after killing been eviscerated in accordance with Annex I, Chapter V (1), an official veterinary health inspection has been carried out on a representative sample of animals from the same source.
If the official veterinarian finds a disease communicable to man or defects as referred to in Annex I, Chapter V (4), he must carry out more checks on the entire batch. In the light of the results of these further checks, he must either exclude the entire batch from human consumption or inspect each carcase individually.
2. The official veterinarian must ensure that wild game meat is excluded from human consumption:
(i) if it is found to contain defects as referred to in Annex I, Chapter V (3) (e), or if it has been seized in accordance with paragraph 4 of that Chapter;
(ii) if the checks provided for in the third indent of paragraph 1 (d) of this Article have revealed the presence of a disease communicable to man;
(iii) if it comes from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health and on which a decision has been taken, by the procedure laid down in Article 22, after the opinion of the Scientific Veterinary Committee has been obtained. Pending the implementation of such a decision, national rules on these substances shall remain in force, subject to the general provisions of the Treaty;
(iv) if, without prejudice to any Community legislation applicable to ionization, it has been treated with ionizing or ultra-violet radiation or by means of substances likely to affect its organoleptic properties or using colourings other than those used for health marking.
3. Meat of wild boar or of other species susceptible to trichinosis must undergo analysis by the digestion method in accordance with Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine (²) or a trichinoscopic examination with microscopic observation of several samples from each animal taken from the jaw and diaphragmatic muscles, from the muscles of the lower front (²) OJ No L 26, 31. 1. 1977, p. 67. Last amended by Directive 89/321/EEC (OJ No L 133, 17. 5. 1989, p. 33).
leg, from the intercostal muscles and the tongue muscles at least.
Before 1 January 1994, the Council, acting by a qualified majority on a proposal from the Commission and after obtaining the opinion of the Scientific Veterinary Committee, shall lay down the methods for the analysis by digestion which are suitable for detecting trichinosis in wild boar or other species of wild game susceptible to trichinosis; the same procedure shall apply with regard to the trichinoscopic or microscopic examination for the detection of trichinosis.
4. Wild game meat declared fit for human consumption must:
(i) bear a health mark in accordance with Annex I, Chapter VIII.
A decision may be taken, where appropriate, to amend or supplement the provisions of the aforementioned Chapter in accordance with the procedure provided for in Article 22, in order to take into account notably the different forms of commercial presentation, providing they conform to the hygiene rules laid down in this Directive.
Commission Directive 80/879/EEC of 3 September 1980 on health marking of large packagings of fresh poultrymeat (¹) shall apply to meat of small wild game;
(ii) after post-mortem inspection, be stored in accordance with Annex I, Chapter X, under satisfactory hygiene conditions in wild game processing houses approved in accordance with Article 7 of this Directive, or in establishments approved in accordance with Article 10 of Directive 64/433/EEC or Article 5 of Directive 71/118/EEC, or in cold stores approved and inspected in accordance with Article 10 of Directive 64/433/EEC;
(iii) be accompanied during transportation by:
- an accompanying commercial document as authorized by the official veterinarian. This document must:
- in addition to the particulars provided for in Annex I, Chapter VII (2), including in the case of frozen meat the month and year of freezing in clear, bear a code number by which the official veterinarian can be identified,
- be kept by the consignee for at least one year so that it can be produced at the request of the competent authority.
Detailed rules for applying this point, and in particular those concerning the allocation of code numbers and the compilation of one or more lists identifying the official veterinarians, shall be adopted in accordance with the procedure laid down in
Article 22,
- a public animal health certificate corresponding to the specimen in Annex II, in the case of meat from a wild game processing house situated in a restricted region or area or meat to be sent to another Member State after transit through a third country in a sealed lorry;
(¹) OJ No L 251, 24. 9. 1980, p. 10.
(iv) be transported under satisfactory hygiene conditions in accordance with Annex I, Chapter XI;
(v) in the case of parts of carcases or boned meat of small wild game birds, also be obtained in conditions similar to those provided for in Article 3 B. of Directive 71/118/EEC, in establishments specially approved for this purpose in accordance with
Article 7
of the present Directive;
(vi) without prejudice to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (²), be labelled with an indication of the animal species.
Article 4
1. Member States shall ensure that:
(a) meat declared unfit for human consumption can be clearly distinguished from meat declared fit for human consumption;
(b) meat declared unfit for human consumption is treated in accordance with Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (9).
2. Meat from an area subject to animal health restrictions shall be subject to specific rules to be determined on a case-by-case basis in accordance with the procedure laid down in Article 22.
3. Detailed rules for implementing this Article shall if necessary be determined in accordance with the procedure laid down in Article 22.
Article 5
Member States shall ensure that only the following are the subject of trade:
1. skinned and eviscerated wild game meeting the requirements of Articles 3 and 4, or fresh wild game meat;
2. unskinned or unplucked and uneviscerated small game, not frozen or deep-frozen which is controlled in accordance with the third indent of Article 3 (1) (b) (ii), provided it is handled and stored separately from fresh meat covered by Directive 64/433/EEC, poultry meat and skinned or plucked game meat;
3. unskinned large game which:
(a) meets the requirements of Article 3 (1) (a) first and second indents, Article 3 (1) (c), and Article 3 (1) (d) first indent;
(b) the viscera of which have undergone post-mortem inspection in a wild game processing house;
(c) is accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the official veterinarian to certify that the result of the post mortem inspection provided for in (b) was satisfactory and that the meat has been declared fit for human consumption;
(d) has been cooled to a temperature of between -1 oC and:
(i) +7 oC and kept at that temperature during transportation to a processing house within a maximum period of seven days from the post mortem inspection referred to in (b), or
(ii) +1 oC and kept at that temperature during transportation to a processing house within a maximum period of 15 days from the post-mortem inspection referred to in (b).
Meat from such unskinned wild game cannot bear the health mark provided for in Article 3 (4) (i) unless, after skinning in the processing house of destination, it has undergone post mortem inspection in accordance with Annex I, Chapter V, and has been declared fit for human consumption by the official veterinarian.
Article 6
Member States shall ensure that:
- wild game processing houses which do not meet the standards laid down in Annex I, Chapter I, and which are not covered by the derogations provided for in Article 8 cannot be approved in accordance with Article 7 and that products from such establishments do not bear the health mark provided for in Annex I, Chapter VII and cannot be the subject of trade,
- wild game which does not meet the requirements of Article 3 cannot be the subject of trade or be imported from third countries,
- offal of wild game declared fit for human consumption cannot be the subject of trade unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (10).
Article 7
1. Each Member State shall draw up a list of approved wild game processing houses, each having a veterinary approval number. Member State may approve, for the processing of wild game, establishments approved in accordance with Directive 64/433/EEC and 71/118/EEC, provided that such establishments are equipped to process wild game meat and that they work in conditions ensuring compliance with the hygiene rules. Member States shall send this list to the other Member States and to the Commission.
A Member State shall not approve a wild game processing house unless it is satisfied that it complies with this Directive.
Where hygiene is found to be inadequate and where the measures provided for in Annex I, Chapter V (5), second subparagraph have proved insufficient to remedy the situation, the competent authority shall temporarily suspend approval.
If the operator or manager of the wild game processing house does not make good the shortcomings noted within the period fixed by the competent authority, the latter shall withdraw approval.
The Member State in question shall take account of the conclusions of any check carried out in accordance with Article 12. The other Member States and the Commission shall be informed of the suspension or withdrawal of approval.
2. The operator or manager of the wild game processing house must, in accordance with paragraph 4, conduct regular checks on the general hygiene of conditions of production in his establishment, inter alia, by means of microbiological controls.
Checks must cover utensils, fittings and machinery at all stages of production and, if necessary, products.
The operator or manager of the wild game processing house must inform the official veterinarian or the Commission's veterinary experts of the nature, frequency and results of the checks conducted to this end, together with the name of the investigating laboratory if need be.
The nature of the checks, their frequency, as well as the sampling methods and the methods for bacteriological examination shall be established in accordance with the procedure laid down in Article 22.
3. The operator or manager of the wild game processing house must establish a staff training programme enabling workers to comply with conditions of hygienic production adapted to the production structure.
The official veterinarian responsible for the wild game processing house must be involved in the planning and implementation of that programme.
4. Inspection and supervision of wild game processing houses shall be carried out under the responsibility of the official veterinarian, who may be assisted by auxiliaries in accordance with Article 9 of Directive 64/433/EEC. The official veterinarian must at all times have free access to all parts of processing houses in order to ensure that this Directive is being complied with and, where there is doubt as to the origin of meat or killed wild game, to relevant documents which enable him to trace the hunting area of origin.
The official veterinarian must regularly analyse the results of the checks provided for in paragraph 2. He may, on the basis of this analysis, conduct further microbiological examinations at all stages of production or on the products.
The result of these analyses shall be written up in a report, the conclusions and recommendations of which shall be notified to the operator or manager of the establishment, who shall rectify the shortcomings noted with a view to improving hygiene.
Article 8
1. Member States may, until 31 December 1996, authorize wild game processing houses which, on the date on which this Directive is notified, have not been judged to comply with the conditions for approval, to derogate from some of the requirements laid down in Annex I provided that meat from such establishments bears the national mark.
2. Derogations as referred to in paragraph 1 may be granted only to processing houses which have, before 1 April 1993, submitted an application for a derogation to the competent authority.
This application must be accompanied by a work plan and programme indicating the period within which it would be possible for the processing house to comply with the requirements referred to in paragraph 1.
3. Member States shall communicate to the Commission before 1 October 1992 the criteria which they have adopted to determine whether an establishment or category of establishments is covered by the provisions of this Article.
Article 9
Member States shall entrust to a central service or body the tasks of collecting and making use of the results of the post-mortem inspection carried out by the official veterinarian as regards the diagnosis of diseases communicable to man.
Whereas such a disease is diagnosed, the results of the specific case shall be communicated as soon as possible to the competent veterinary authorities responsible for supervision of the hunting area where the wild game in question originated.
Member States shall submit to the Commission information on certain diseases and particularly cases where diseases communicable to man have been diagnosed.
The Commission acting in accordance with the procedure laid down in Article 22, shall adopt detailed rules for implementing this Article, and in particular:
- the frequency with which information must be submitted to the Commission,
- the type of information,
- the disease to which the collection of information is to apply,
- procedures for collecting and using information.
Article 10
1. Member States shall ensure that a survey of the health of wild game is performed in hunting areas on their territories at regular intervals.
2. To this end a central service or body shall be entrusted with the task of collecting and using the results of the health inspections carried out in accordance with this Directive, where diseases communicable to man or to animals or the presence of residues in excess of permitted levels are diagnosed.
3. Where a disease or condition as referred to in paragraph 2 is diagnosed, the survey results relating to the specific case shall be communicated as soon as possible to the competent authority responsible for supervision of the hunting area.
4. Depending on the epizootic situation, the competent authority shall carry out specific tests on wild game in order to detect the presence of the diseases referred to in Annex I to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (11).
The presence of these diseases shall be communicated to the Commission and to the other Member States in accordance with the said Directive.
Article 11
1. Member States shall supplement their plans for measures to detect residues referred to in Article 4 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (12) in order, where necessary, to subject wild game meat to the inspections provided for in that Directive in order to make spot checks on the presence of contaminants in the environment.
2. Taking into account the results of the monitoring referred to in paragraph 1 and in Article 10 (4), Member States shall ensure that wild game and wild game meat from hunting areas implicated by the monitoring is excluded from trade.
3. The Commission shall adopt detailed rules for implementing this Article in accordance with the procedure laid down in Article 22.
Article 12
Veterinary experts from the Commission may, in so far as is necessary for the uniform application of this Directive and in cooperation with the competent national authorities, make on-site checks. In particular, they may verify by checking a representative percentage of wild game processing houses whether the competent authorities are ensuring that approved processing houses are complying with this Directive. The Commission shall inform the Member States of the results of the checks carried out.
A Member State in whose territory a check is being carried out shall give all the necessary assistance to the experts in carrying out their duties.
Detailed rules for implementing this Article shall be adopted in accordance with the procedure laid down in Article 22.
Article 13
1. With prejudice to the specific provisions of this Directive, the official veterinarian or the competent authority shall, where it is suspected that veterinary legislation has not been complied with or there is doubt as to whether wild game meat is fit for consumption, carry out any veterinary checks he or it deems appropriate.
2. Member States shall take administrative and/or penal measures to penalize any infringement of Community veterinary legislation, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the wild game meat, that identification marks do not comply with the rules, that the wild game meat was not presented for inspection or that such meat was not used for the purpose originally intended.
Article 14
1. The rules laid down in Council Directive 89/662/EEC concerning veterinary checks to be carried out in intra-Community trade with a view to the completion of the internal market shall apply in particular to the organization of and the action to be taken following the checks carried out by the country of destination and to the safeguard measures to be applied in relation to health problems affecting the production and distribution of wild game meat in the territory of the Community.
2. Directive 89/662/EEC shall be amended as follows:
(a) in Annex A, the following indent shall be aded:
'- Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No L 268, 14. 9. 1992, p. 35).';
(b) in Annex B, the indent '- wild game meat' shall be deleted.
3. In Article 2 (d) of Directive 77/99/EEC, the following indent shall be added:
'- Article 2 (1) (d) of Council Directive 92/45/EEC (13)() and meeting the requirements of Articles 3 and 5,
(14)() OJ No L 268, 14. 9. 1992, p. 35.'
CHAPTER III Provisions applicable to imports into the Community
Article 15
The conditions applicable to the placing on the market of wild game meat imported from third countries shall be at least equivalent to those laid down for the production and placing on the market of wild game meat obtained in accordance with Chapter II, excluding those in Articles 6 and 8.
Article 16
1. For the purpose of uniform application of Article 15, the provisions of the following paragraphs shall apply.
2. In order to be imported into the Community, wild game or wild game meat must:
(a) come from third countries or parts of third countries from which imports are not prohibited on animal health grounds;
(b) come from a third country on the list to be drawn up in accordance with paragraph 3 (a);
(c) be accompanied by a health certificate corresponding to a specimen to be drawn up in accordance with the procedure laid down in Article 22, signed by the competent authority and certifying that the products meet the requirements of Chapter II or any additional conditions or offer the equivalent guarantees referred to in paragraph 3 (c) and come from establishments offering the guarantees provided for in Annex I.
3. The following shall be established in accordance with the procedure laid down in Article 22:
(a) a provisional list of third countries or parts of third countries able to provide Member States and the Commission with the conditions and guarantees referred to in paragraph 2 (c) and a list of establishments for which they are able to give these guarantees.
This provisional list shall be compiled from the lists of establishments approved and inspected by the competent authorities of the Member States, once the Commission has checked that they abide by the principles and general rules laid down in this Directive;
(b) updates of that list in the light of the checks provided for in paragraph 4;
(c) the specific conditions and the equivalent guarantees relating to the requirements of this Directive, other than those enabling meat to be excluded from human comsumption in accordance with Article 3 (2) (d) and those of Article 5 and those laid down in Annex I, Chapters IV and V, and, as regards the trichinoscopic examination by the digestion method, in accordance with Directive 77/96/EEC, on the understanding that such conditions and guarantees may not be less stringent than those laid down in Chapter II, excluding those in Articles 6 and 8.
4. Experts from the Commission and the Member States shall carry out on-the-spot inspections to verify whether:
(a) the guarantees given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the Community;
(b) the conditions of Article 18 are fulfilled.
The experts from the Member States responsible for these inspections shall be appointed by the Commission acting on a proposal from the Member States.
These inspections shall be made on behalf of the Community, which shall bear the cost of any expenditure in this connection. The frequency of and procedure for these inspections shall be determined in accordance with the procedure laid down in Article 22.
5. Pending the organization of the inspections referred to in paragraph 4, national rules applicable to inspection in third countries shall continue to apply, subject to notification, through the Standing Veterinary Committee, of any failure to comply with hygiene rules found during these inspections.
Article 17
1. Member States shall ensure that wild game or wild game meat covered by this Directive is imported into the Community only if it:
- is accompanied by the certificate provided for in Article 16 (1) (c), covering public and animal health requirements issued by the competent authority at the time of loading,
- has satisfied the checks required by Directive 90/675/EEC.
2. Pending the establishment of detailed rules for implementing this Article:
- the national rules applicable to imports from third countries for which such requirements have not been adopted at Community level shall continue to apply, provided they are not more favourable than those laid down in Chapter II,
- imports must take place under the conditions laid down in Article 11 of Directive 90/675/EEC,
- trade in wild game or wild game meat imported in accordance with this paragraph must be subject to the prior agreement of the country of destination.
Article 18
The lists provided for in Article 16 (2) may include only third countries or parts of third countries:
(a) from which imports are not prohibited as a result of the existence of one of the diseases referred to in Annex A to the OIE list, or of any other disease exotic to the Community, or pursuant to Articles 6, 7 and 14 of Directive 72/462/EEC (¹), or
Articles 9 to 12 of Directive 91/494/EEC;
(b) which, in view of their legislation and the organization of their veterinary services and of their inspection services, the powers of such services and the supervision to which they are subject, have been recognized, in accordance with Article 3 (2) of Directive 72/462/EEC or Article 9 (2) of Directive 91/494/EEC, as capable of guaranteeing the implementation of their legislation in force; or
(¹) Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (OJ No L 302, 31. 12. 1972, p. 28). Last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
(c) the veterinary services of which are able to guarantee that health requirements at least equivalent to those laid down in Chapter II are being complied with.
Article 19
1. The principles and rules laid down in Directive 90/675/EEC shall apply, with particular reference to the organization of and follow-up to the inspections to be carried out by the Member States and the safeguard measures to be implemented.
Pending implementation of the decisions provided for in Article 8 (3) and Article 30 of Directive 90/675/EEC, the relevant national rules for applying Article 8 (1) and (2) of that Directive shall continue to apply, without prejudice to compliance with the principles and rules referred to in the first subparagraph of this Article.
CHAPTER IV Final provisions
Article 20
This Directive shall not affect Community rules adopted for the conservation of wildlife.
Article 21
The Annexes shall be amended by the Council acting by a qualified majority on a proposal from the Commission in particular to adapt them to advances in technology.
Article 22
1. Where the procedure laid down in this Article is to be followed, matters shall without delay be referred to the Standing Veterinary Committee (hereinafter called 'the Committee') set up by Decision 68/361/EEC (¹) by its Chairman, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged and implement them immediately if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures save where the Council has rejected the said measures by a simple majority.
Article 23
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the test of the main provisions of national law which they adopt in the field governed by this Directive.
3. The setting of the deadline for transposition into national law at 1 January 1994 shall be without prejudice to the abolition of veterinary checks at frontiers provided for in Directive 89/662/EEC.
Article 24
This Directive is addressed to the Member States.
Done at Luxemburg, 16 June 1992.