1990L0425 — EN — 18.12.1990 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of26June1990
concerningveterinaryandzootechnicalchecksapplicableinintra-Communitytradeincertainlive
animalsandproductswithaviewtothecompletionoftheinternalmarket
(90/425/EEC)
(OJ L 224, 18.8.1990, p. 29)
Amended by:
Official Journal
No page date
►M1Council Directive 90/539/EEC of 15 October 1990 L 303 6 31.10.1990
►M2Council Directive 90/667/EEC of 27 November 1990 L 363 51 27.12.1990
►M3Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
▼B
COUNCILDIRECTIVE
of26June1990
concerning veterinary and zootechnical checks applicable in intra-
Communitytrade incertain live animalsandproductswithaview
tothecompletionoftheinternalmarket
(90/425/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 the Community is to adopt measures designed to establish the
internal market progressively over a period expiring on 31 December
1992;
Whereas the harmonious operation of the common organization of the
market in animals and products of animal origin implies the disman-tling of zootechnical and veterinary barriers to the development ofintra-Community trade in the animals and products concerned;whereas, in this respect, the free movement of animals and agricultural
products is a fundamental feature of the common organization of
markets and should facilitate the rational development of agriculturalproduction and the optimum use of the factors of production;
Whereas, in the veterinary field, frontiers are currently being used for
carrying out checks aimed at safeguarding public health and animalhealth;
Whereas the ultimate aim is to ensure that veterinary checks are carried
out at the place of dispatch only; whereas the attainment of this objec-
tive implies the harmonization of the basic requirements relating to thesafeguarding of animal health;
Whereas, with a view to the completion of the internal market, pending
the attainment of this objective, emphasis should be placed on thechecks to be carried out at the place of dispatch and in organizing those
that could be carried out at the place of destination; whereas such a
solution would entail the suspension of veterinary checks at theCommunity's internal frontiers and whereas, in this context, there isgood reason for retaining a health certificate or an identification docu-ment, as provided for in Community rules;
Whereas this solution implies increased confidence in the veterinary
checks carried out by the State of dispatch, in particular by the setting
up of a system for the rapid exchange of information; whereas thedispatching Member State must ensure that such veterinary checks arecarried out in an appropriate manner;
Whereas, in the State of destination, spot veterinary checks could be
carried out at the place of destination; whereas, however, in the event
of a serious presumption of irregularity, the veterinary check could be
carried out while the animals and products are in transit and whereas itis possible to continue to provide for the placing into quarantine inareas which have not been harmonized;
Whereas provision must be made for action to be taken where a veter-
inary check discloses that the consignment is irregular;1990L0425 — EN — 18.12.1990 — 003.001 — 2
(1) OJ No C 225, 31. 8. 1988, p. 4.
(2) OJ No C 326, 19. 12. 1988, p. 28.
(3) OJ No C 56, 6. 3. 1989, p. 20.
▼B
Whereas provision should be made for a procedure for resolving
conflicts which could arise concerning consignments from a holding,centre or organization;
Whereas provision must be made for protective measures; whereas in
this area, especially for reasons of effectiveness, responsibility must
rest firstly with the Member State of dispatch; whereas the Commissionmust be able to act speedily, in particular by way of on-the-spot visitsand adopting measures appropriate to the situation;
Whereas in order to be effective, the rules laid down by this Directive
should cover all animals and products that are subject, in intra-Commu-nity trade, to veterinary requirements;
Whereas, however, in view of the current state of harmonization and
pending Community rules, animals and products that are not the
subject of harmonized rules should comply with the requirements of
the State of destination provided that the latter are in conformity withArticle 36 of the Treaty;
Whereas the abovementioned rules should be applied to zootechnical
checks;
Whereas the provisions of existing Directives should be adapted to the
new rules laid down in this Directive;
Whereas these rules should be re-examined before the end of 1993;Whereas the Commission should be entrusted with the task of adopting
measures for applying this Directive; whereas, to that end, provisionshould be made for procedures establishing close and effective coop-eration between the Commission and the Member States within the
Standing Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall ensure that the veterinary checks to be carried out
on live animals and products which are covered by the Directives listedin Annex A or on those referred to in the first paragraph of Article 21
and which are intended for trade are no longer carried out, without
prejudice to Article 7, at frontiers but are carried out in accordancewithth is Directive.
Member States shall further ensure that checks on zootechnical docu-
ments are subject to the control rules laid down by this Directive.
This Directive shall affect neither checks on the welfare of animals
during transport nor checks carried out as part of tasks conducted in anon-discriminatory manner by authorities responsible for the generalapplication of laws in a Member State.
Article 2
For the purposes of this Directive:1. ‘veterinary check’ shall mean any physical check and/or administra-
tive formality which applies to the animals or products referred to inArticle 1 and which is intended for the protection, direct or other-wise, of public or animal health;
2. ‘zootechnical check’ shall mean any physical and/or administrative
formality which applies to the animals covered by the Directivesmentioned in section II of Annex A and which is intended for thedirect or indirect improvement of the breeds;
3. ‘trade’ shall mean trade between Member States within the meaning
of Article 9 (2) of the Treaty;
4. ‘holding’ shall mean an agricultural establishment or premises of a
dealer, as defined by the national rules in force, situated in the terri-tory of a Member State and in which the animals referred to inAnnexes A and B, with the exception of equidae, are held or regu-1990L0425 — EN — 18.12.1990 — 003.001 — 3
▼B
larly kept and the holding as defined in Article 2 (a) of Council
Directive 90/426/EEC of 26 June 1990 on animal health conditionsgoverning the movement and import from third countries of live
equidae(
1);
5. ‘centre or organization’ shall mean any undertaking which produces,
stores, processes or handles the products referred to in Article 1;
6. ‘competent authority’ shall mean the central authority of a Member
State competent to carry out veterinary or zootechnical checks orany authority to which it has delegated that competence;
7. ‘official veterinarian’ shall mean the veterinarian appointed by the
competent authority.
CHAPTER I
Checksatorigin
Article 3
1. Member States shall ensure that only the animals and products
referred to in Article 1 that fulfil the following conditions may be the
subject of trade:
(a) the animals and products referred to in Annex A must satisfy the
requirements of the relevant Directives listed in the said Annexand the animals and products referred to in Annex B must fulfilthe animal health requirements of the Member State of destination;
(b) they must come from holdings, centres or organizations which are
subject to regular official veterinary checks in accordance withparagraph3;
(c) they must, on the one hand, be identified in accordance with the
requirements of Community rules and, on the other hand, be regis-
tered in such a way that the original or transit holding, centre ororganization can be traced; national identification or registrationsystems must be notified to the Commission within three monthsof the date of notification of this Directive.
Before 1 January 1993, Member States must take appropriate
measures to guarantee that the identification and registrationsystems applicable to intra-Community trade are extended to themovement of animals within their territory;
(d) they must, when transported, be accompanied by health certificates
and/or any other documents as provided for in the Directivesreferred to in Annex A and, for the other animals and products,by the rules of the Member State of destination;
Those certificates or documents, issued by the official veterinarian
responsible for the holding, centre or organization of origin and, in
the case of documents required by the zootechnical legislationreferred to in section II of Annex A, by the competent authority,must accompany the animal, animals and products to its/their desti-nation(s);
(e) susceptible animals, or products of susceptible animals, must not
originate:
(i) from holdings, centres or organizations, areas or regions which
are subject to restrictions determined in accordance with
Community rules, where applicable, for the animals concerned
or products from the animals concerned because of the suspi-cion, outbreak or existence of a disease referred to in Annex Cor because of the application of safeguard measures;
(ii) from a holding, centre, organization, area or region which is
the subject of official restrictions because of the suspicion,outbreak or existence of a disease other than those referred toin Annex C or of the application of safeguard measures;1990L0425 — EN — 18.12.1990 — 003.001 — 4
(1) See page 42 of this Official Journal.
▼B
(iii) in cases where they are intended for holdings, centres or orga-
nizations situated in the Member States which have obtainedthe guarantees pursuant to Article 9 of Directive 64/432/EEC
or other equivalent Community rules which have been or will
be adopted or in a State recognized, by Community legisla-tion, as free, in all or part of its territory, of a disease, from aholding which does not provide the guarantees which may berequired by that Member State with respect to diseases other
than those listed in Annex C;
(iv) when they are intended for a Member State or part of the terri-
tory of a Member State which has benefited from the
additional guarantees pursuant to Article 9 of Directive 64/
432/EEC or other equivalent Community rules which havebeen or will be adopted, from a holding, centre or organizationand, should the case arise, from a part of the territory whichdoes not offer the additional guarantees provided for.
The competent authority of the country of origin shall ensure,
before issuing the certificate or accompanying document, thatthe holdings, centres or organizations comply with the require-
ments provided for in this point;
(f) where the transport operation involves several places of destination,
animals and products must be grouped together in as manyconsignments as there are places of destination. Each consignmentmust be accompanied by the certificates and/or documents referred
to in (d);
(g) where animals and products covered by the Directives referred to
in Annex A which comply with Community rules are intended forexport to a third country through the territory of another Member
State, the transport operation must — except in cases of urgent
need duly authorized by the competent authority in order to ensurethe welfare of the animals — remain under customs supervision upto the point of exit from Community territory, in accordance withdetailed arrangements to be drawn up by the Commission, actingunder the procedure laid down in Article 18 or, where appropriate,
in Article 19.
Moreover, in the cases of animals and products not complying with
Community rules or animals and products referred to in Annex B,transit may take place only if it has been expressly authorized bythe competent authority of the Member State of transit.
2. Member States shall also ensure that:
— the animals and products referred to in Article 1 which might have
to be slaughtered under a national programme for the eradication ofdiseases not referred to in Annex C are not dispatched to the terri-tory of another Member State;
— the animals and products referred to in Annex A or the animals and
products referred to in Annex B are not dispatched to the territoryof another Member State if they cannot be marketed on their ownterritory for health or animal health reasons justified by Article 36
of the Treaty.
3. Without prejudice to the monitoring duties assigned to the official
veterinarian under Community legislation, the competent authorityshall carry out checks on holdings, approved markets and assemblycentres, centres or organizations in order to satisfy itself that animalsand products intended for trade comply withCommunity requirementsand in particular fulfil the conditions laid down in paragraph 1 (c) and
(d) withregard to identification.
Where there are grounds for suspecting that Community requirements
are not being met, the competent authority shall carry out the necessarychecks and, if the suspicion is confirmed, take the appropriatemeasures, which may include isolation of the holding, centre or organi-zation concerned.
4. Under the procedure laid down in Article 18 or, where appro-
priate, in Article 19, the Commission may adopt detailed rules for the1990L0425 — EN — 18.12.1990 — 003.001 — 5
▼B
application of this Article, in particular to take account of the species
concerned.
Article 4
1. Member States of dispatch shall take the necessary measures to
ensure that:
(a) the holders of livestock and products referred to in Article 1
comply with the national or Community health or zootechnical
requirements referred to in this Directive at all stages of productionand marketing;
(b) the animals and products referred to in Annex A are checked at
least as carefully, from a veterinary viewpoint, as if they were
intended for the national market, unless specifically provided other-wise by Community rules;
(c) animals are transported in suitable means of transport which satisfy
hygiene rules.
2. The competent authority of the Member State of origin which
issued the certificate or document accompanying the animals andproducts shall communicate, on the day on which they were issuedand by means of the computerized system provided for in Article 20,to the central competent authority of the Member State of destination
and to the competent authority of the place of destination, data to be
determined by the Commission, according to the procedure providedfor in Article 18.
3. Member States of dispatch shall take the appropriate measures to
penalize any infringement of veterinary or zootechnical legislation bynatural or legal persons where it is found that Community rules havebeen infringed, and in particular where it is found that certificates,
documents or identification marks do not correspond to the status of
the animals or to their holdings of origin or to the actual characteristicsof the products.
CHAPTER II
Checksonarrival atdestination
Article 5
1. Member States of destination shall implement the following
inspection measures:
(a) the competent authority may, at the places of destination of animals
and products, establishby means of non-discriminatory veterinary
spot checks that the requirements of Article 3 have been compliedwith; it may take samples at the same time.
Furthermore, checks may also be carried out during the transport of
animals and products in its territory where the competent authority
of the Member State of transit or of the Member State of destina-tion has information leading it to suspect an infringement;
(b) furthermore, where the animals referred to in Article 1 and origi-
nating in another State are intended:
(i) for an approved market or assembly centre as defined by
Community rules, the operator thereof shall be responsiblefor the admission of animals not meeting the requirements of
Article 3 (1).
The competent authority must check, by means of non-discri-
minatory inspections of the certificates or documents
accompanying the animals, that the animals meet the saidrequirements;
(ii) for a slaughterhouse placed under the supervision of an official
veterinarian, the latter must ensure, in particular on the basisof the certificate or accompanying document, that onlyanimals that meet the requirements of Article 3 (1) are slaugh-tered.1990L0425 — EN — 18.12.1990 — 003.001 — 6
▼B
The operator of the slaughterhouse shall be responsible for
slaughtering animals which do not meet the requirements ofArticle 3 (1) (c) and (d);
(iii) for a registered dealer who divides up the consignments or for
any establishment not subject to permanent supervision, such
dealer or establishment shall be regarded by the competent
authority as the consignee of the animals and the conditionslaid down in the second subparagraph shall apply;
(iv) for holdings, centres or organizations including, where the
consignment is partly unloaded during transport, eachanimalor group of animals must be accompanied, in accordancewith Article 3 by the original of the health certificate oraccompanying document until it reaches the consigneementioned therein.
The consignees referred to in points (iii) and (iv) of the first
subparagraphmust, before th e consignment is divided up or subse-quently marketed, check that the identification marks, certificatesor documents referred to in Article 3 (1) (c) and (d) are present,notify the competent authority of any irregularity or anomaly and,
in the latter case, isolate the animals in question until the compe-
tent authority has taken a decision regarding them.
The guarantees which must be furnished by the consignees referred
to in points (iii) and (iv) of the first subparagraph shall be specifiedin an agreement with the competent authority to be signed at the
time of the prior registration provided for in Article 12. The
competent authority shall carry out random checks to verifycompliance withth ose guarantees.
This point shall apply mutatis mutandis to consignees of the
products referred to in Article 1.
2. All the consignees appearing on the certificate or document
provided for in Article 3 (1) (d):
(a) must, at the request of the competent authority of the Member State
of destination and to the extent necessary to carry out the checks
referred to in paragraph1, report in advance th e arrival of animalsand products from another Member State and, in particular, thenature of the consignment and the anticipated arrival date.
However, the time limit for notification shall as a general rule not
be more than one day; nevertheless, in exceptional circumstances,
Member States may require two days' advance notification.
This notification is not required for registered horses bearing an
identification document provided for by Directive 90/427/EEC;
(b) shall keep for a period of not less than six months, to be specified
by the competent authority, the health certificates or documentsreferred to in Article 3 for presentation to the competent authorityshould the latter so request.
3. The detailed rules for implementing this Article shall be adopted
in accordance with the procedure laid down in Article 18 or, whereappropriate, in Article 19.
Article 6
1. Where Community rules or, in areas which have not yet been
harmonized, national provisions which comply with the general rulesof the Treaty require that live animals be put into quarantine, the latter
shall normally take place at the holding of destination.
2. A quarantine station may be used if this is justified from a veter-
inary viewpoint. Such station shall be regarded as the place of
destination of the consignment. The Member State concerned shallnotify the Commission of the grounds on which such action is beingtaken.
3. Obligations relating to quarantine and the location of the latter
shall be specified in the veterinary requirements referred to in thesecond subparagraphof Article 21.1990L0425 — EN — 18.12.1990 — 003.001 — 7
▼M3
Article 7
1. Member States shall ensures that during the checks carried out at
the places where animals and products referred to in Article 1 from athird country may be brought into the territories referred to in Annex I
to Directive 90/675/EEC(
1), suchas ports, airports and border inspec-
tion posts with third countries, the following measures are taken:
(a) certificates or documents accompanying the animals and products
are checked;
(b) the products from third countries shall be subject to the rules laid
down by Directive 90/675/EEC;
(c) where animals are imported from third countries, they must be sent,
under customs supervision, to border inspection posts in order that
veterinary checks may be carried out.
The animals referred to in Annex A may not be given customs
clearance unless those checks have shown that they comply withCommunity rules;
(d) Community animals and products shall be subject to the control
rules laid down in Article 5.
2. The animals must be brought directly into Community territory
via one of the border inspection posts of the Member State whichintends to import them and be inspected there in accordance with para-graph1 (b).
Member States which make imports from third countries on the basis
of national animal health rules shall inform the Commission and theother Member States, in particular Member States of transit, of the
existence of such imports and of the requirements to which they subject
suchimports.
Member States of destination shall prohibit animals from being sent on
from their territory unless they have remained there for the periods laiddown in the specific Community rules unless they are bound, withouttransit, for another Member State using the same option.
However, pending the adoption of Community rules, those animals
may be brought into the territory of a Member State other than thatreferred to in the second subparagraph following prior agreement given
by that other Member State in a general manner and, where appro-
priate, by a Member State of transit on the arrangements for control.Member States shall inform the Commission and the other MemberStates in the framework of the Standing Veterinary Committee whenthey are making use of this derogation and of the control arrangementsagreed upon.
3. However, from 1 January 1993 and by way of derogation from
paragraph1, all animals and products transported by regular, direct
means of transport linking two geographical points of the Community
shall be subject to the control rules laid down in Article 5.
Article 8
1. If, during a check carried out at the place of destination of a
consignment or during transport, the competent authorities of a
Member State establish:
(a) the presence of agents responsible for a disease referred to in
Directive 82/894/EEC(
2), as last amended by Commission Decision
90/134/EEC(3), a zoonosis or disease, or any cause likely to consti-
tute a serious hazard to animals or humans, or that the productscome from a region contaminated by an epizootic disease, theyshall order that the animal or consignment of animals be put in1990L0425 — EN — 18.12.1990 — 003.001 — 8
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 378, 31. 12. 1982, p. 58.
(3) OJ No L 76, 22. 3. 1990, p. 23.▼B
▼B
quarantine at the nearest quarantine station or slaughtered and/or
destroyed.
Costs relating to the measures provided for in the first subpara-
graph shall be borne by the consignor or his representative or theperson responsible for the products or animals.
The competent authorities of the Member State of destination shall
immediately notify the competent authorities of the other MemberStates and the Commission in writing, by the most appropriate
means, of the findings arrived at, the decisions taken and the
reasons for suchdecisions.
The protective measures provided for in Article 10 may be applied.
At a Member State's request and in accordance withth e procedure
laid down in Article 17, the Commission may, moreover, adopt anymeasure necessary for achieving a concerted approach by the
Member States to deal withsituations not covered by Community
rules;
(b) that, without prejudice to point (a), the animals and products do not
meet the conditions laid down by Community Directives or, where
the Member State obtains the guarantees pursuant to Article 9 ofDirective 64/432/EEC or equivalent Community rules which havebeen or will be adopted, by national animal health rules, theymay, provided that public or animal health considerations sopermit, give the consignor or his representative the choice of:
— maintenance of the animals and products under supervision
until compliance withrules is confirmed wh ere residues arepresent, and, in the event of failure to comply with those rules,
application of the measures provided for by Community legisla-
tion,
— slaughtering of the animals or the destruction of the products,— return of the animal or consignment, with the authorization of
the competent authority of the Member State of dispatch andprior notification of the Member State(s) of transit.
However, if the certificate or documents are found to contain irre-
gularities, the owner or his representative must be granted a periodof grace before recourse is had to this last possibility.
2. In accordance with the procedure laid down in Article 18, the
Commission shall draw up a list of the diseases referred to in para-graph 1 and detailed rules for the application of this Article.
Article 9
1. In the cases provided for in Article 8, the competent authority of
the Member State of destination shall contact the competent authorities
of the Member State of dispatch without delay. The latter authorities
shall take all necessary measures and notify the competent authorityof the first Member State of the nature of the checks carried out, thedecisions taken and the reasons for such decisions.
If the competent authority of the Member State of destination fears that
such measures are inadequate, the competent authorities of the two
Member States shall together seek ways and means of remedying thesituation; if appropriate, this may involve an on-the-spot inspection.
Where the checks provided for in Article 8 show repeated irregulari-
ties, the competent authority of the Member State of destination shall
inform the Commission and the competent authorities of the other
Member States.
The Commission, at the request of the competent authority of the
Member State of destination or on its own initiative, and taking intoaccount the nature of the infringements established, may:
— send inspectors, in collaboration with the competent national autho-
rities, to the place concerned,
— instruct an official veterinarian, whose name shall be on a list to be
prepared by the Commission at the suggestion of the Member1990L0425 — EN — 18.12.1990 — 003.001 — 9
▼B
States, and who is acceptable to the various parties concerned, to
check the facts on the spot,
— request the competent authority to intensify checks on the holding,
the centre, the organization, the approved market or assemblycentre or the region of origin.
It shall inform the Member States of its findings.Pending the Commission's findings, the Member State of dispatch
must, at the request of the Member State of destination, intensify
checks on animals and products coming from the holding, centre, orga-
nization, approved market or assembly centre or region in question, andif there are serious public or animal health grounds, suspend issue ofany certificates or movement documents.
The Member State of destination may, for its part, intensify checks on
animals coming from the same holding, centre, organization, approvedmarket or assembly centre or region.
At the request of one of the two Member States concerned — where
the irregularities are confirmed by the expert's opinion — the Commis-
sion must, in accordance withth e procedure laid down in Article 17,take the appropriate measures, which may go as far as authorizing theMember States to prohibit provisionally the bringing into their territoryof animals and products coming from that holding, centre, organization,approved market or assembly centre or region. These measures must be
confirmed or reviewed as soon as possible in accordance withth e
procedure laid down in Article 17.
2. Except in cases provided for in the fourth subparagraph, rights of
appeal existing under the laws in force in the Member States againstdecisions by the competent authorities shall not be affected by thisDirective.
Decisions taken by the competent authority of the State of destination
and the reasons for such decisions shall be notified to the consignor or
his representative and to the competent authority of the Member State
of dispatch.
If the consignor or his representative so requests, the said decisions and
reasons shall be forwarded to him in writing with details of the rightsof appeal which are available to him under the law in force in theMember State of destination and of the procedure and time limitsapplicable.
However, in the event of a dispute, the two parties concerned may, if
they so agree, within a maximum period of one month, submit the
dispute for the assessment of an expert whose name appears on a listof Community experts to be drawn up by the Commission; the cost ofconsulting the expert shall be borne by the Community.
Such experts shall issue their opinions within not more than 72 hours
or after receiving the results of any analyses. The parties shall abide bythe expert's opinion, with due regard for Community veterinary legisla-
tion.
3. The costs of returning the consignment, holding or isolating the
animals or, if appropriate, slaughtering or destroying them shall be
borne by the consignor, his representative or the person responsiblefor the animals or products.
4. The detailed rules for the application of this Article shall be
adopted in accordance withth e procedure laid down in Article 18 or,where appropriate, in Article 19.
CHAPTER III
Commonprovisions
Article 10
1. Each Member State shall immediately notify the other Member
States and the Commission of any outbreak in its territory, in additionto an outbreak of diseases referred to in Directive 82/894/EEC, of any1990L0425 — EN — 18.12.1990 — 003.001 — 10
▼B
zoonoses, diseases or other cause likely to constitute a serious hazard
to animals or to human health.
The Member State of dispatch shall immediately implement the control
or precautionary measures provided for in Community rules, in parti-
cular the determination of the buffer zones provided for in those rules,or adopt any other measure which it deems appropriate.
The Member State of destination or transit which, in the course of a
check referred to in Article 5, has established the existence of one ofthe diseases or causes referred to in the first subparagraph may, ifnecessary, take the precautionary measures provided for in Community
rules, including the quarantining of the animals.
Pending the measures to be taken in accordance with paragraph 4, the
Member State of destination may, on serious public or animal healthgrounds, take interim protective measures with regard to the holdings,centres or organizations concerned or, in the case of an epizooticdisease, withregard to th e buffer zone provided for in Community
rules.
The measures taken by Member States shall be notified to the Commis-
sion and to the other Member States without delay.
2. At the request of the Member State referred to in the first subpar-
agraph of paragraph 1 or on the initiative of the Commission, one ormore Commission representatives may go at once to the placeconcerned to examine, in collaboration with the competent authorities,
what measures have been taken, and shall issue an opinion on those
measures.
3. If the Commission has not been informed of the measures taken,
or if it considers the measures taken to be inadequate, it may, in colla-boration with the Member State concerned and pending the meeting ofthe Standing Veterinary Committee, take interim protective measureswith regard to animals or products from the region affected by the
epizootic disease or from a given holding, centre or organization. These
measures shall be submitted to the Standing Veterinary Committee assoon as possible to be confirmed, amended or cancelled in accordancewithth e procedure laid down in Article 17.
4. The Commission shall in all cases review the situation in the
Standing Veterinary Committee at the earliest opportunity. It shall
adopt the necessary measures for the animals and products referred to
in Article 1 and, if the situation so requires, for the products derivedfrom those animals, in accordance with the procedure laid down inArticle 17. The Commission shall monitor the situation and, by thesame procedure, shall amend or repeal the decisions taken, dependingon how the situation develops.
5. Detailed rules for the application of this Article, and in particular
the list of zoonoses or causes likely to constitute a serious hazard to
human health, shall be adopted in accordance with the procedure laiddown in Article 18.
Article 11
Each Member State and the Commission shall appoint the veterinary
department or departments responsible for carrying out the veterinarychecks and collaborating with the other Member States' inspectiondepartments.
Article 12
Member States shall ensure that all dealers engaging in intra-Commu-
nity trade in the animals and/or products covered by Article 1:
(a) are required, at the request of the competent authority, to register
beforehand in an official register;
(b) keep a record of deliveries and, for the consignees referred to in
Article 5 (1) (b) (iii), of the subsequent destination of the animalsand products.1990L0425 — EN — 18.12.1990 — 003.001 — 11
▼B
The said record shall be preserved for a period to be determined by
the competent national authority so that it can be presented to thecompetent authority on request.
Article 13
The Member States shall also ensure that the officials of their veter-
inary departments, if appropriate in collaboration withth e officials ofother departments empowered to that end, are able in particular to:
— carry out inspections of holdings, installations, means of transport
and processes used for the marking and identification of animals,
— check, as regards the products listed in Annex A, that the personnel
are complying with the requirements laid down in the texts referredto in that Annex,
— take samples from:
(i) animals held with a view to being sold, put on the market or
transported;
(ii) products held with a view to being stored or sold, put on the
market or transported,
— examine documentary or data processing material relevant to the
checks carried out further to the measures taken under this Direc-tive.
Member States must require the holdings, centres or organizations
being checked to afford the collaboration necessary for the perfor-
mance of the aforementioned tasks.
Article 14
1. Directive 64/432/EEC(
1), as last amended by Directive 89/662/
EEC(2), is hereby amended as follows:
(a) Article 6 is replaced by the following:
‘Article 6
Animals for slaughter which have been taken on arrival in the
country of destination either directly or via an approved market orassembly centre to a slaughterhouse must be slaughtered there assoon as possible, in accordance withanimal h ealthrequirements.
Animals for slaughter which have been taken on arrival in the
country of destination to a market adjoining a slaughterhouse under
whose rules all animals may be removed, in particular after the
market, only to a slaughterhouse approved for this purpose by thecompetent central authority must be slaughtered at that slaughter-house not later than five days after arriving at the market.
The competent authority of the country of destination may, in the
light of animal health considerations, designate the slaughterhouseto which those animals must be sent.’
(b) Article 7 (3) and the first subparagraph of Article 8 (2) are hereby
deleted.
(c) Articles 9 and 10 are replaced by the following:
‘Article 9
1. A Member State which has a national control programme for
one of the contagious diseases not referred to in Annex E for all orpart of its territory may submit the said programme to the Commis-
sion, outlining in particular:
— the distribution of the disease in the Member State,
— the reasons for the programme, taking into consideration the
importance of the disease and the programme's likely benefitin relation to its cost,1990L0425 — EN — 18.12.1990 — 003.001 — 12
(1) OJ No 121, 29. 7. 1964, p. 2012/64.
(2) OJ No L 395, 30. 12. 1989, p. 13.
▼B
— the geographical area in which the programme will be imple-
mented,
— the status categories to be applied to the animal establishments,
the standards which must be attained in each category, and thetest procedures to be used,
— the programme monitoring procedures,
— the action to be taken if, for any reason, an establishment loses
its status,
— the measures to be taken if the results of the tests carried out in
accordance with the provisions of the programme are positive.
2. The Commission shall examine the programmes presented by
the Member States. Programmes as referred to in paragraph 1 maybe approved in compliance withth e criteria laid down in paragraph1 in accordance withth e procedure provided for in Article 12.According to the same procedure, the additional guarantees, general
or limited, which may be required in intra-Community trade, shall
be defined at the same time or at the latest three months afterapproval of the programmes. Such guarantees must not exceedthose which the Member State implements nationally.
3. Programmes submitted by Member States may be amended or
supplemented in accordance withth e procedure laid down in
Article 12. Amendments or additions to programmes which have
already been approved or to guarantees which have been definedin accordance withparagraph2 may be approved under th e sameprocedure.
Article 10
1. Where a Member State considers that its territory or part of
its territory is free from one of the diseases to which bovineanimals and swine are susceptible, it shall present to the Commis-sion appropriate supporting documentation, setting out in particular:
— the nature of the disease and the history of its occurrence in its
territory,
— the results of surveillance testing based on serological, micro-
biological, pathological or epidemiological investigation andon the fact that the disease must by law be notified to the
competent authorities,
— the period over which the surveillance was carried out,— where applicable, the period during which vaccination against
the disease has been prohibited and the geographical area
concerned by the prohibition,
— the arrangements for verifying the absence of the disease.
2. The Commission shall examine documentation submitted by
Member States. The additional guarantees, general or specific,
which may be required in intra-Community trade may be defined
in accordance withth e procedure laid down in Article 12. Suchguarantees must not exceed those which the Member State imple-ments nationally. Where justification is submitted before 1 July1991, decisions on additional guarantees shall be taken before 1
January 1992.
3. The Member State concerned shall notify the Commission of
any change in the particulars specified in paragraph 1 which relateto the disease. The guarantees defined as laid down in paragraph 2may, in the light of such notification, be amended or withdrawn inaccordance withth e procedure laid down in Article 12.’
2. Subparagraphs 2 to 5 of Article 5 (2) and Articles 7 and 15 of
Directive 88/407/EEC(
1) are hereby deleted.
3. Subparagraphs 2 to 4 of Article 5 (2) and Article 14 of Directive
89/556/EEC(2) are hereby deleted.1990L0425 — EN — 18.12.1990 — 003.001 — 13
(1) OJ No L 134, 22. 7. 1988, p. 10.
(2) OJ No L 302, 19. 10. 1989, p. 1.
▼B
4. In the fifth line of the first subparagraph of Article 13 of Direc-
tive 72/462/EEC(1), as last amended by Directive 89/227/EEC(2),
‘three’ is replaced by ‘five’.
Article 15
1. The following Article is inserted in Directives 64/432/EEC and
89/556/EEC:
‘Article 14
The rules laid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products witha view
to the completion of the internal market (*), shall apply in parti-
cular to checks at origin, to the organization of, and follow-up to,the checks to be carried out by the country of destination, and tothe safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’
2. The following Article is inserted in Directive 88/407/EEC:
‘Article 15
The rules laid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products witha viewto the completion of the internal market (*), shall apply in parti-cular to checks at origin, to the organization of, and follow-up to,
the checks to be carried out by the Member State of destination,
and follow up to, the checks to be carried out by the Member Stateof destination, and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’
3. Article 9 of Directive 90/426/EEC is replaced by the following:
‘Article 9
The rules laid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products witha viewto the completion of the internal market (*), shall apply in parti-cular to checks at origin, to the organization of, and follow-up to,
the checks to be carried out by the Member State of destination,
and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’
Article 16
The Commission may, in accordance with the procedure laid down in
Article 18, amend the list of diseases referred to in Annex C.
Article 17
Where reference is made to the procedure provided for in this Article,
the Standing Veterinary Committee set up by Decision 68/361/EEC(
3)
shall take decisions in accordance with the rules established in Article
17 of Directive 89/662/EEC.
Article 18
Where reference is made to the procedure defined in this Article, the
Standing Veterinary Committee shall take decisions in accordancewithArticle 18 of Directive 89/662/EEC.1990L0425 — EN — 18.12.1990 — 003.001 — 14
(1) OJ No L 302, 31. 12. 1972, p. 28.
(2) OJ No L 93, 6. 4. 1989, p. 25.
(3) OJ No L 255, 18. 10. 1968, p. 23.
▼B
Article 19
Where reference is made to the procedure defined in this Article, the
Standing Zootechnical Committee set up by Decision 77/505/EEC(1)
shall take decisions in accordance with the rules established in Article11 of Directive 88/661/EEC(
2).
CHAPTER IV
Finalandtransitionalprovisions
Article 20
1. The Commission shall introduce, in accordance with the proce-
dure laid down in Article 18, a computerized system linkingveterinary authorities, with a view, in particular, to facilitating theexchange of information between the competent authorities of regionswhere a health certificate or document accompanying the animals andproducts of animal origin has been issued and the competent authorities
of the Member State of destination.
2. The procedures for the Community's financial contribution, as
provided for in Article 37 of Decision 90/424/EEC and necessary forthe implementation of this programme, shall be adopted in accordance
with the procedure provided for in Article 42 of the said Decision.
3. According to the procedure provided for in Article 18, the
Commission shall adopt the procedure for applying this Article and, inparticular, the appropriate standards for the exchange of data and rulesfor the security of data exchanged.
Article 21
Until 31 December 1992, trade in the animals and products listed in
Annex B shall, pending the adoption of Community rules, and withoutprejudice to the maintenance of any national rules laid down for the
identification of batches, be subject to the control rules laid down by
this Directive, in particular those mentioned in the second part of thesentence of Article 3 (1) (a).
Member States shall communicate to the Commission and the other
Member States, before the date laid down in Article 22, the conditions
and procedures currently applicable to admission to their territory of
the animals and products referred to in the first paragraph, includingthe rules for identification.
In accordance with the procedure laid down in Article 17, the Commis-
sion shall determine the measures necessary for the computerization of
the statements of conditions mentioned in the second subparagraph.
The control rules provided for the animals and products referred to in
Annex A shall be extended to the animals and products of animalorigin not yet covered by this Annex when the harmonized rules
governing trade therein are adopted. Before 1 January 1992 the Council
shall decide on the inclusion on 31 December 1992 in the scope ofDirective 89/662/EEC and of this Directive of the animals and productsof animal origin not covered by the said Directives.
Article 22
1. Member States shall submit to the Commission before 1 October
1991 a programme setting out the national measures which they intendto take to achieve the stated objectives of this Directive, in particularthe frequency of checks.
2. The Commission shall examine the programmes communicated
by the Member States in accordance with paragraph 1.1990L0425 — EN — 18.12.1990 — 003.001 — 15
(1) OJ No L 206, 12. 8. 1977, p. 11.
(2) OJ No L 382, 31. 12. 1988, p. 16.
▼B
3. Each year, and for the first time in 1992, the Commission shall
address to the Member States a recommendation on a programme ofchecks for the following year; the Standing Veterinary Committee will
have expressed its opinion on the recommendation in advance. This
recommendation may be subject to later adaptations.
Article 23
1. Before 1 January 1991, the Council, acting by a qualified
majority on a proposal from the Commission, shall decide on the rulesand general principles applicable upon checks to be carried out in thirdcountries and upon checks on imports from third countries of animalsand products covered by this Directive. In the same way, the check
posts at the external frontiers, as well as the requirements to be satis-
fied by those posts, shall be fixed before that date.
2. Before 1 January 1993, the Council shall, on the basis of a report
from the Commission on the experience gained, accompanied by anyrelevant proposals, on which it will decide by a qualified majority,review the provisions of this Directive, and in particular those of
Article 10 and Article 5 (2) (a).
Article 24
Until 31 December 1992 or at the latest 12 months after the date on
which Member States have to conform to Directive 90/423/EEC, and
in order to permit the gradual implementation of the checking arrange-ments laid down by this Directive, Member States may, by way ofderogation from Article 5 (1):
— maintain documentary checks during transport of animals and
products covered by Annexes A and B in order to satisfy them-selves that the specific requirements laid down by Communityrules have been complied with,
— operate documentary checks during transport on animals and
products imported from third countries and intended for them.
Article 25
The Council, acting by a qualified majority on a proposal from the
Commission, shall determine, before 1 October 1992, the arrangementswhich are to apply when the transitional provisions provided for inArticle 24 expire.
Article 26
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with:
(i) Article 10 of this Directive and Article 9 of Directive 89/662/EEC,
two months after the date of notification of this Directive;
(ii) the other provisions of this Directive, at a date to be set when the
Decision to be adopted before 31 December 1990 but not later than31 December 1991 is taken.
However, the Hellenic Republic shall have an additional time limit
of one year in which to conform to these other provisions.
Article 27
This Directive is addressed to the Member States.1990L0425 — EN — 18.12.1990 — 003.001 — 16
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ANNEX A
I.VETERINARYLEGISLATION
Council Directive 64/432/EEC of 26 June 1964 on animal health problems
affecting intra-Community trade in bovine animals and swine.
OJ No 121, 29. 7. 1964, p. 1977/64.
Council Directive 88/407/EEC of 14 June 1988 laying down the animal health
requirements applicable to intra-Community trade in and imports of deep-frozen
semen of domestic animals of the bovine species.
OJ No L 194, 22. 7. 1988, p. 10.Council Directive 89/556/EEC of 25 September 1989 on animal health condi-
tions governing intra-Community trade in and importation from third countries
of embryos of domestic animals of the bovine species.
OJ No L 302, 19. 10. 1989, p. 1.
Council Directive 90/426/EEC of 26 June 1990 on the health policy conditions
governing the movement of equidae and their import from third countries(
1).
OJ No L 224, 18. 8. 1990, p. 42.
Council Directive 90/429/EEC of 26 June 1990, laying down the animal health
requirements applicable to intra-Community trade in and imports of semen of
domestic animals of the porcine species.
OJ No L 224, 18. 8. 1990, p. 62.
Council Directive 90/539/EEC of 15 October 1990 on animal health conditions
governing intra-Community trade in, and imports from third countries of,
poultry and hatching eggs.
OJ No L 303, 31. 10. 1990, p. 6.
II.ZOOTECHNICALLEGISLATION
Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals
of the bovine species.
OJ No L 206, 12. 8. 1977, p. 8.
Council Directive 88/661/EEC of 19 December 1988 on the zootechnical stan-
dards applicable to breeding animals of the porcine species.
OJ No L 382, 31. 12. 1988, p. 36.
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding
sheep and goats.
OJ No L 153, 8. 6. 1989, p. 30.
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genea-
logical conditions governing intra-Community trade in equidae.
OJ No L 224, 18. 8. 1990, p. 55.
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 feedingstuffs of animal or fish
origin and amending Directive 90/425/EEC.
OJ No L 363, 27. 12. 1990, p. 51.1990L0425 — EN — 18.12.1990 — 003.001 — 17
(1) From 1 January 1992.▼M1
▼B
▼M2
▼B
ANNEX B
ANIMALS ANDPROD UCTS NOT SUBJECT TO HARMONIZATION
BUT TRADE IN WHICH WILL BE SUBJECT TO THE CHECKS
PROVIDEDFORINTHISDIRECTIVE
A.Liveanimalsofthefollowingspecies
— Domestic rabbits
B.Products
— Waste (pathogens)1990L0425 — EN — 18.12.1990 — 003.001 — 18
▼M2
▼M1
▼B
▼M1
▼B
ANNEX C
LIST OF DISEASES OR EPIZOOTIC DISEASES, SUBJECT TO
MANDATORY EMERGENCY ACTION, WITH TERRITORIAL
RESTRICTIONS(MEMBERSTATES,REGIONSORZONES)
— Foot and mouthdisease (FMD)
— Classical swine fever (CSF)— African swine fever (ASF)— Swine vesicular disease (SVD)— Newcastle disease (ND)— Rinderpest— Peste des petits ruminants (PPR)— Vesicular stomatitis (VS)— Blue tongue— African horse sickness (AHS)
— Viral equine encephalomyelitis
— Teschen disease— Avian influenza— Sheep and goat pox— Lumpy skin disease— Rift valley fever— Contagious bovine pleuropneumonia1990L0425 — EN — 18.12.1990 — 003.001 — 19