COUNCIL DIRECTIVE of 29 July 1991 amending and consolidating Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat to extend it to the production and marketing of fresh meat (91/497/EEC)
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 proposals 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 meat from bovine animals, swine, sheep and goats and domestic solipeds is included in the list of products in Annex II to the Treaty; whereas production of and trade in fresh meat constitutes an important source of income for part of the farming population;
Whereas in order to ensure the rational development of this sector and to increase productivity, public health rules governing production and placing on the market must be laid down at Community level;
Whereas the Community has to adopt measures for the gradual establishment of the internal market over a period expiring on 31 December 1992;
Whereas Directive 64/433/EEC (4) laid down the health requirements to be complied with in intra-Community trade in meat from bovine animals, swine, sheep and goats and domestic solipeds;
Whereas Directive 89/662/EEC (5) laid down rules on the checks to be applied with a view to the completion of the internal market, and in particular abolished veterinary checks at frontiers between Member States;
Whereas to take account of the abolition of the said checks and of the introduction of more stringent guarantees at origin when it is no longer possible to distinguish between products for the domestic market and products to be marketed in another Member State, the requirements of Directive 64/433/EEC should be adapted and extended to all meat production;
Whereas to that end it is necessary to harmonize the conditions under which certain meat is declared unfit for human consumption;
Whereas Directive 64/433/EEC has been substantially amended on a number of occasions; whereas for the sake of clarity that Directive should be consolidated;
Whereas it is necessary to adapt the references in Council Directive 72/462/EEC of 12 December 1972, on health and veterinary inspection problems upon importation of bovine animals and swine and ovine and caprine animals and fresh meat or meat products from third countries (6), in the light of that consolidation,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 64/433/EEC is hereby replaced by the text annexed to this Directive.
Article 2
Directive 72/462/EEC is hereby amended as follows:
1) in the third indent of Article 1 (1), the text in brackets shall be replaced by the following:
'(including the species Bubalus bubalis and Bison bison)';
2) In Article 4 (c):
(a) in the second subparagraph
- '13' shall be replaced by '14',
- '24' shall be deleted,
- '41 (C)' shall be replaced by '42 (A) (2)';
(b)
the following subparagraph shall be added:
'In accordance with the same procedure, specific guarantees may be required concerning the quality of the potable water used by establishments and the medical supervision of staff working on and handling fresh meat.';
3) In Article 17:
(a)
paragraph 2:
- in (b) 'Chapter V' shall be replaced by
'Chapter VI',
- in (c) 'Chapter VI' shall be replaced by 'Chapter VII',
- in (d) 'Chapter VII' shall be replaced by 'Chapter VIII',
- in (e) 'Chapter X' shall be replaced by 'Chapter XI' and 'Chapter XIII' shall be replaced by 'Chapter XIV',
- in (g) 'Chapter XIV' shall be replaced by 'Chapter XV'.
(b)
paragraph 3:
- 'Chapter XIII' shall be replaced by 'Chapter XIV';
4) In Article 18:
(a)
paragraph 1 (b):
(i) 'Chapter VIII' shall be replaced by 'Chapter IX';
(ii)
'Chapter IX' shall be replaced by 'Chapter X';
(iii)
'Chapter XI' shall be replaced by 'Chapter XII';
(b)
paragraph 3:
- 'paragraph 45 (d) of Chapter VIII' shall be replaced by 'paragraph 46 of Chapter IX';
5) in Article 20 (d) 'paragraph 57 of Chapter X' shall be replaced by 'paragraph 58 of Chapter XI'.
Article 3
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1993. 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.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 29 July 1991.