1991L0494 — EN — 20.01.1994 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 26June 1991
on animal health conditions governing intra-Community trade in and imports from third countries
of fresh poultrymeat
(91/494/EEC)
(OJ L 268, 24.9.1991, p. 35)
Amended by:
Official Journal
No page date
►M1 Council Directive 92/116/EEC of 17 December 1992 L 62 1 15.3.1993
►M2 Council Directive 93/121/EC of 22 December 1993 L 340 39 31.12.1993
▼B
COUNCIL DIRECTIVE
of 26June 1991
on animal health conditions governing intra-Community trade in
and imports from third countries of fresh poultrymeat
(91/494/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 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 poultrymeat is included in the list of products in Annex II to
the Treaty; whereas the breeding and rearing of poultry is included in thefarming sector and constitutes a source of income for part of the farmingpopulation;
Whereas disparities between Member States should be removed by
laying down rules regarding the animal health aspects of intra-Community trade in fresh poultrymeat in order to ensure the rational
development of that sector and improve productivity by encouraging
intra-Community trade, with a view to the completion of the internalmarket;
Whereas, in particular, to improve information concerning the state of
health of the poultry from which fresh meat for consignment to anotherMember State comes, it should be stipulated that the poultry must eitherhave been reared on the territory of the Community or have beenimported from third countries in accordance with Chapter III of Council
Directive 90/539/EEC of 15 October 1990 on animal health conditions
governing intra-Community trade and imports from third countries ofpoultry and hatching eggs (
4);
Whereas, in order to prevent it from propagating epizootic diseases,
fresh meat coming from a holding or area which, in accordance withCommunity rules, has been placed under health restrictions or from anarea infected by avian influenza or Newcastle disease should be
excluded from intra-Community trade;
Whereas care should be taken that fresh poultrymeat that does not
comply with Community rules should not be given the health mark
provided for in Council Directive 71/118/EEC of 15 February 1971 onhealth problems affecting trade in fresh poultrymeat (
5), as last amended
by Directive 90/484/EEC (6); whereas, such meat may, however, be put
to other uses provided that it has undergone treatment designed todestroy the germs of diseases, in which case it will bear a special mark
to that effect;
Whereas, in respect of the organization of and the follow-up to the
checks being carried out by the Member State of destination and thesafeguard measures to be implemented, reference should be made to thegeneral rules laid down in Council Directive 89/662/EEC of 11December 1989 concerning veterinary checks in intra-Community tradewith a view to the completion of the internal market (
7);
Whereas provision should be made so that inspections may be carried
out by the Commission;1991L0494 — EN — 20.01.1994 — 002.001 — 2
(1) OJ No C 327, 30. 12. 1989, p. 72.
(2) OJ No C 183, 15. 7. 1991.
(3) OJ No C 124, 21. 5. 1990, p. 12.
(4) OJ No L 303, 31. 10. 1990, p. 6.
(5) OJ No L 55, 8. 3. 1971, p. 23.
(6) OJ No L 267, 29. 9. 1990, p. 45.
(7) OJ No L 395, 31. 12. 1989, p. 13.
▼B
Whereas, in the interests of the harmonious development of intra-
Community trade; Community arrangements should be defined inrespect of imports from third countries;
Whereas defining the said arrangements requires in particular that a list
be drawn up of third countries or parts of third countries from whichfresh poultrymeat may be imported and that a certificate be produced;
Whereas the Commission's veterinary experts should be instructed to
carry out checks in third countries in order to determine whether theCommunity rules are complied with;
Whereas the rules and general principles governing checks on fresh
poultrymeat will be determined later as part of the measures to be takento bring about the internal market;
Whereas Directive 90/539/EEC should be amended in order to take into
account the contents of this Directive, with a view in particular to ensureparallelism with regard to the date on which Member States must
comply with the new health rules;
Whereas the provisions of this Directive will have to be reviewed in the
context of the completion of the internal market;
Whereas provision should be made for a procedure establishing close
cooperation between the Commission and the Member States within theStanding Veterinary Committee;
Whereas it is advisable to allow time to introduce harmonized rules
concerning Newcastle disease,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
This Directive lays down animal health requirements governing intra-
Community trade in and imports from third countries of freshpoultrymeat.
Article 2
For the purposes of this Directive, the definitions, and especially those
for poultry, set out in Article 2 of Directive 90/539/EEC shall also apply.
Moreover:
(a) ‘meat’ means any parts of poultry which are fit for human
consumption;
(b) ‘fresh meat’ means any meat, including meat vacuum-wrapped or
wrapped in a controlled atmosphere, which has not undergone anytreatment other than cold treatment to ensure its preservation.
CHAPTER II
Rules governing intra-community trade
Article 3
A. In order to be traded within the Community fresh meat must have
been obtained from poultry which:
1. has been held in Community territory since hatching or has been
imported from third countries in accordance with the requirements
of Chapter III of Directive 90/539/EEC. Poultrymeat intended forMember States or regions of Member States the status of whichhas been recognized in accordance with Article 12 (2) of thatDirective must come from poultry which has not been vaccinated1991L0494 — EN — 20.01.1994 — 002.001 — 3
▼M2
▼M2
against Newcastle disease using a live vaccine during the 30 days
preceding slaughter.
This rule shall be reviewed by the Council acting by a qualified
majority on a proposal from the Commission before Communitylegislation harmonizing the use of Newcastle disease vaccineenters into force and not later than 31 December 1994;
2. comes from a holding:
— which has not been placed under animal health restrictions in
connection with a poultry disease,
— which is not located in an area which for animal health reasons
is subject to restrictive measures involving controls onpoultrymeat in accordance with Community legislation as aresult of an outbreak of disease to which poultry issusceptible;
3. during transport to the slaughterhouse did not come into contact
with poultry suffering from avian influenza or Newcastle disease;such transport through an area which has been declared an avian
influenza or Newcastle disease infection area shall be prohibited
unless major road or rail links are used;
4. comes from slaughterhouses in which, at the time of slaughter, no
case of avian influenza or Newcastle disease had been recorded.
Any fresh meat which is suspected of having been contaminated
at the slaughterhouse, cutting plant or storage depot or in the
course of transport must be excluded from trade;
5. is marked in accordance with Articles 4 and 5;
6. is, if it is intended for a Member State or a region of a Member
State recognized as being free of Newcastle disease or a Member
State after transit through a third country, accompanied by the
health certificate shown in the Annex.
B. Exempted from this chapter are national controls governing meat:
— contained in the personal luggage of travellers and intended for
their personal consumption,
— in small consignments to private individuals, provided that the
said consignments are not of a commercial nature,
— for consumption by the crew and passengers on board means of
transport operating internationally.
Article 4
Fresh poultrymeat covered by this Directive shall be given the health
mark specified in Article 3 (1) A (e) of Directive 71/118/EEC, providedthat it meets the requirements laid down in Article 3 (A) of this
Directive and that it comes from poultry slaughtered in accordance with
the hygiene requirements laid down in Directive 71/118/EEC.
Article 5
1. Notwithstanding Article 4, and insofar as it is not intended for
intra-Community trade in fresh meat, fresh poultrymeat which does notsatisfy the requirements laid down in Article 3 (A) (2) (3) and the first
subparagraph of (4) may carry a mark in accordance with Article 3 (1) A
(e) of Directive 71/118/EEC, provided that this mark is immediately:
(a) either overstamped in such a way that the health mark defined in
point 44.1 (a) and (b) of Chapter X of Annex I to Directive 71/118/EEC is covered by a diagonal cross consisting of two straight lines1991L0494 — EN — 20.01.1994 — 002.001 — 4
▼B
▼M2
▼B
▼M1
▼B
▼B
crossing at right angles, with the point of intersection in the centre of
the stamp and the information thereon remaining legible;
(b) or replaced by a single special mark consisting of the health mark
defined in point 44 (a) and (b) of Chapter X of Annex I to Directive71/118/EEC, overstamped in accordance with point (a) of thisparagraph.
The provisions of point 43 of Chapter X of Annex I to Directive 71/118/
EEC shall apply mutatis mutandis to the keeping and use of marking
instruments.
2. The meat referred to in paragraph 1 must be obtained, cut,
transported and stored separately from, or not at the same time as, meatintended for intra-Community trade in fresh meat and must be used insuch a way as to avoid it being introduced into meat products intendedfor intra-Community trade unless they have undergone the treatment
specified in Article 4 (1) of Directive 80/215/EEC (
1) as last amended by
Directive 89/662/EEC.
3. By way of derogation from paragraphs 1 and 2 and in the event of
an epizootic of Newcastle disease, fresh poultrymeat may be marked inaccordance with Article 3 (1)(A)(e) of Directive 71/118/EEC with the
health mark described in Annex I, Chapter X, point 44(a) and (b) to
Directive 71/118/EEC, provided that such meat comes from poultrywhich:
(a) comes from a holding situated within the surveillance zone as
defined in Article 9 (1) of Directive 92/66/EEC, but not theprotection zone defined in Article 9 (1) of Directive 92/66/EEC, and
with respect to which, following an epidemiological examination, no
contact with an infected holding has been recorded;
(b) comes from a flock where a virological examination giving a
negative result is carried out on a representative sample of the flock
five days before shipment of the poultry; the sampling must be
carried out by a veterinarian designated by the competent authority;
(c) comes from a holding where no signs or clinical symptoms have
been found which could indicate the presence of Newcastle disease
following a clinical examination by a veterinarian designated by the
competent authorities; such examination must have been carried outwithin the 24 hours before consignment of the poultry;
(d) without prejudice to the provisions of Article 3(A)(3), is directly
transported from the holding of origin to the slaughterhouse; the
means of transport used must be sealed by the official veterinarian
and cleaned and disinfected before and after each transport;
(e) is examined in the slaughterhouse at the time of the ante or post-
mortem inspection, with a view to detecting symptoms of Newcastle
disease.
Member States invoking these provisions shall inform the other Member
States and the Commission within the Standing Veterinary Committeeof the measures they adopt in this matter.
The general criteria for sampling, frequency of sampling and any
conditions to be observed in implementing (a), (b) and (c) shall be laiddown in accordance with the procedure provided for in Article 17, after
consultation of the Scientific Veterinary Committee and before 1
January 1995.
4. Before 1 January 1998, the Commission shall submit to the
Council a report on experience gained since implementation of theseprovisions, together with any proposals on which the Council shalldecide by a qualified majority.1991L0494 — EN — 20.01.1994 — 002.001 — 5
(1) OJ No L 47, 21. 2. 1980, p. 4.▼M2
▼B
Article 6
The rules laid down in Directive 89/662/EEC shall apply, in particular as
regards the organization of and the follow-up to the checks carried out
by the Member State of destination and the safeguard measures to be
applied.
Article 7
Commission veterinary experts may, to the extent necessary to ensure
uniform application of this Directive, and in conjunction with thecompetent national authorities, carry out on-the spot inspections. TheCommission shall inform the Member States of the outcome of such
inspections.
Member States in whose territory an inspection is carried out shall give
the experts all the assistance necessary for the performance of theirtasks.
General rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 18. The rules to be
followed for the inspections provided for in this Article shall be adopted
in accordance with the same procedure.
CHAPTER III
Rules applicable to imports from third countries
Article 8
1. Fresh poultrymeat imported into the Community must satisfy the
requirements laid down in Articles 9 to 12.
2. However, this Chapter shall not apply to:
(a) poultrymeat forming part of travellers' personal luggage and
intended for their personal consumption, provided that the quantitytransported does not exceed one kilogram per person and that itcomes from a third country or part thereof appearing on the listdrawn up in accordance with Article 9 and from which importation
is not prohibited under Article 14;
(b) poultrymeat sent as small consignments to private individuals,
provided that such meat is not imported by way of trade, that the
quantity does not exceed one kilogram and that it comes from a third
country or part thereof appearing on the list drawn up in accordancewith Article 9 and from which importation is not prohibited underArticle 14;
(c) meat for consumption by the crew and passengers on board means of
transport operating internationally.
Where such meat or the resulting kitchen waste is unloaded, it must be
destroyed. It is not, however, necessary to destroy meat when it istransferred, directly or after being placed provisionally under customssupervision, from one means of transport to another.
Article 9
1. Fresh poultrymeat must come from a third country or part of a
third country appearing on a list drawn up by the Commission inaccordance with the procedure laid down in Article 18. The list may besupplemented or amended in accordance with the procedure laid downin Article 17.
2. In deciding whether a third country or part thereof may be included
in the list referred to in paragraph 1, particular account shall be taken of:
(a) the state of health of the poultry, other domestic animals and wildlife
in the third country, particular attention being paid to exotic animaldiseases, and the environmental health situation in that country,where either are liable to endanger public and animal health in theMember States;1991L0494 — EN — 20.01.1994 — 002.001 — 6
▼B
(b) the regularity and rapidity of the supply of information by the third
country relating to the existence of contagious animal diseases in itsterritory, in particular the diseases appearing on lists A and B of the
International Office of Epizootics;
(c) that country's rules on animal disease prevention and control;
(d) the structure of the veterinary services in the country and their
powers;
(e) the organization and implementation of measures to prevent and
control contagious animal diseases;
(f) that country's legislation on the use of banned substances, in
particular legislation concerning the prohibition or authorization ofsubstances, their distribution, placing on the market and the rules onadministering and controlling them;
(g) the guarantees which the third country can give with regard to rules
laid down by this Directive.
3. The list referred to in paragraph 1 and any amendments thereto
shall be published in the OfficialJournaloftheEuropeanCommunities .
Article 10
1. Fresh poultrymeat must come from countries:
(a) in which avian influenza and Newcastle disease are legally
notifiable diseases throughout the country in accordance withinternational standards;
(b) free from avian influenza and Newcastle disease, or
which, although they are not free from these diseases, apply
measures to control them which are at least equivalent to those laid
down in Directives 92/40/EEC and 92/66/EEC respectively.
2. Additional criteria for classifying third countries in respect of
paragraph 1 shall be adopted in accordance with the procedure laiddown in Article 17 before 1 January 1995.
When implementing paragraph 1, the Commission shall adopt, by means
of certification, all measures necessary to safeguard the particularanimal health situations in certain regions of the Community.
3. The Commission may, in accordance with the procedure laid down
in Article 17, decide under which conditions paragraph 1 is to apply onlyto a part of the territory of third countries.
Article 11
1. Fresh poultrymeat must:
(a) satisfy animal health requirements adopted in accordance with the
procedure laid down in Article 17. These requirements may differ
according to the species of bird;
(b) come from flocks which, prior to consignment, have, without
interruption, been held in the third country or part thereof for a
period to be defined in accordance with the procedure laid down inArticle 17.
2. The animal health conditions shall be determined on the basis of
the rules laid down in Chapter II and the corresponding Annexes to
Directive 90/539/EEC. In accordance with the procedure laid down inArticle 18, derogations may be granted on a case-by-case basis, if thethird country concerned offers similar animal health guarantees whichare at least of an equivalent standard.
Article 12
1. Fresh poultrymeat must be accompanied by a certificate drawn up
by an official veterinarian of the exporting third country.1991L0494 — EN — 20.01.1994 — 002.001 — 7
▼M2
▼B
▼B
The certificate must:
(a) be issued on the day of loading for consignment to the country of
destination;
(b) be drawn up in the official language or languages of the country of
shipment, of the country of destination, and in one of the officiallanguages of the country in which the import checks are to becarried out;
(c) accompany the consignment in the original;
(d) attest that the fresh meat satisfies the requirements of this Directive
and those adopted pursuant to this Directive with regard to
importation from third countries;
(e) consist of a single sheet of paper;
(f) be made out for a single consignee.
2. The certificate must conform with a model established in
accordance with the procedure laid down in Article 18.
Article 13
On-the-spot inspections shall be carried out by veterinary experts of the
Member States and the Commission to ensure that all the provisions ofthis Directive are effectively applied.
Member States' experts responsible for these inspections shall be
designated by the Commission on proposals from the Member States.
The inspections shall be carried out on behalf of the Community, which
shall bear the expenditure incurred.
The frequency of the inspections and the inspection procedure shall be
determined in accordance with the procedure laid down in Article 18.
Article 14
1. The Commission may, in accordance with the procedure laid down
in Article 17, decide that imports from a third country or part thereof areto be confined to fresh poultrymeat of particular species.
2. The Commission may decide, in accordance with the procedure
laid down in Article 17, to apply animal health restrictions, as required,after importation.
Article 15
The rules and general principles applicable during inspections in third
countries or during inspections of imported poultrymeat from third
countries and the safeguard measures to be implemented shall be those
set out in Directive 90/675/EEC (
1).
Article 16
1. Pending the implementation of Community health rules concerning
imports of poultrymeat from third countries, Member States shall applyto such imports provisions which shall not be more favourable thanthose governing intra-Community trade in accordance with Directive 71/118/EEC and shall make trade in poultrymeat subject to the
requirements laid down in the second subparagraph of Article 6 (1)
(b) of Directive 89/662/EEC.
2. To ensure uniform application of these provisions, inspections may
be carried out on-the-spot in third countries by veterinary experts of theMember States and the Commission.
Member States' experts responsible for these inspections shall be
designated by the Commission on a proposal from the Member States.1991L0494 — EN — 20.01.1994 — 002.001 — 8
(1) OJ No L 373, 31. 12. 1990, p. 1.
▼B
The inspections shall be carried out on behalf of the Community, which
shall bear the expenditure incurred.
However, Member States shall be entitled to continue to make
inspections under national arrangements of any third country establish-ments which have not been inspected under the Community procedure.
A list of establishments meeting the conditions referred to Annex 1 to
Directive 71/118/EEC shall be drawn up in accordance with theprocedure laid down in Article 18.
3. The health certificate which accompanies products on import, and
the form and nature of the health mark which the products shall bear,shall correspond to a model to be determined in accordance with the
procedure laid down in Article 18.
CHAPTER IV
Common provisions
Article 17
Where the procedure laid down in this Article is to be used, the Standing
Veterinary Committee (hereinafter referred to as ‘the Committee’), set
up by Decision 68/361/EEC (1), shall discuss the matter in accordance
with the rules laid down in Article 12 of Directive 71/118/EEC.
Article 18
Where the procedure laid down in this Article is to be used, the
Committee shall discuss the matter in accordance with the rules laid
down in Article 12 a of Directive 71/118/EEC.
Article 19
1. Annex A to Directive 89/662/EEC shall be supplemented by the
following text:
‘— Council Directive 91/494/EEC of 26 June 1991, on animal
health conditions governing intra-Community trade in andimports from third countries of fresh poultrymeat (OJ No L 268,
24. 9. 1991, p. 35).’
2. Directive 90/539/EEC shall be amended as follows:
(a) In Article 12 (2), first subparagraph, the phrase ‘at the latest six
months before the date on which the Member States must conformto this Directive’ shall be deleted.
(b) In Article 36, the date ‘1 January 1992’ shall be replaced by ‘1 May
1992’.
Article 20
In connection with the proposals for completing the internal market the
Council shall review the provisions of this Directive before 31December 1992, acting by a qualified majority on a proposal from theCommission.
Article 21
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive nolater than 1 May 1992. They shall forthwith inform the Commissionthereof.
When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of their official publication. The methods of making such areference shall be laid down by the Member States.1991L0494 — EN — 20.01.1994 — 002.001 — 9
(1) OJ No L 255, 18. 10. 1968, p. 23.
1991L0494 — EN — 20.01.1994 — 002.001 — 10
▼B
Article 22
This Directive is addressed to the Member States.
▼M1
ANNEX
MODEL
1991L0494 — EN — 20.01.1994 — 002.001 — 11
▼M1
1991L0494 — EN — 20.01.1994 — 002.001 — 12