1991L0498 — EN — 22.08.1991 — 000.001 — 1
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►B COUNCILDIRECTIVE
of29July1991
ontheconditionsforgrantingtemporaryandlimitedderogationsfromspecificCommunityhealth
rulesontheproductionandmarketingoffreshmeat
(91/498/EEC)
(OJ L 268, 24.9.1991, p. 105)
Corrected by:
►C1Corrigendum, OJ L 73, 19.3.1992, p. 29 (91/498/EEC)
▼B
COUNCILDIRECTIVE
of29July1991
on the conditions for granting temporary and limited derogations
from specific Community health rules on the production and
marketingoffreshmeat
(91/498/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 fresh meat is included on the list of products in Annex II to
the Treaty; whereas their marketing provides a source of income for a
large part of the farming population;
Whereas, to ensure rational development of the sector, increase produc-
tivity and progressively to establish the conditions for an internalmarket, health rules applying to production and marketing have beenlaid down at Community level by Directive 64/433/EEC(
4) as amended
and codified by Directive 91/497/EEC(5);
Whereas it is possible that, because of particular circumstances, some
establishments will be unable, by 1 January 1993, to comply with allof the specific rules laid down; whereas in order to take account oflocal situations and to prevent abrupt closures of establishments,arrangements should be made for limited and temporary derogationsfor establishments in operation before 1 January 1992;
Whereas the granting of derogations from specific Community health
rules to certain establishments is without prejudice to the requirementthat all production and marketing operations conform to the hygienerules laid down by Directive 64/433/EEC;
Whereas to forestall any risk of abuse, these derogations must be
strictly controlled by the Commission; whereas to this end, there should
be a procedure for close and effective cooperation between the
Commission and the Member States within the Standing VeterinaryCommittee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall ensure that from 1 January 1996:
— all establishments fulfil the requirements of Directive 64/433/EEC,
— meat from such establishments bears the health mark specified in
Annex I, Chapter X of Directive 64/433/EEC or, in the case of
establishments referred to in Article 4 of the said Directive, bearsthe health mark specified in paragraph 3 of that Article.
Article 2
1. Member States may, until 31 December 1995, authorize establish-
ments which, on the date on which this Directive is notified, have notbeen judged to comply with the requirements laid down by Directive1991L0498 — EN — 22.08.1991 — 000.001 — 2
(1) OJ No C 84, 2. 4. 1990, p. 100.
(2) OJ No C 183, 15. 7. 1991.
(3) OJ No C 332, 31. 12. 1990, p. 62.
(4) OJ No L 121, 29. 7. 1964, p. 2012/64.
(5) See page 69 of this Official Journal.
▼B
64/433/EEC for their approval, to derogate from some of the require-
ments►C1laid down in points 1 to 14 of Annex I ◄to Directive
64/433/EEC provided that meat from such establishments bears the
national mark.
2. Derogations as referred to in paragraph 1 may be granted only to
establishments which have, before 1 April 1992, submitted an applica-tion for a derogation to the relevant national authority.
This application must be accompanied by a work plan and programme
indicating the period within which it would be possible for the estab-
lishment to comply with the ►
C1requirements referred to in the first
subparagraph. ◄
Where financial assistance is requested from the Community, only
requests in respect of projects complying with the requirements ofDirective 64/433/EEC can be accepted.
Member States shall submit to the Commission before 1 July 1992 a
list of the establishments for which it is proposed to grant a derogation.
This list shall, for each individual establishment, specify the type and
duration of the derogations envisaged, the nature of checks made onmeat from the establishment in question and the staff responsible forcarrying out those checks.
National approval of establishments which have not submitted applica-
tions for a derogation by the date referred to in the first subparagraphor whose applications have been refused by the Member State
concerned shall be withdrawn before 1 January 1993.
On receipt of the list referred to in the fourth paragraph submitted by a
Member State, the Commission shall have two months within which toexamine that list and its submission, if necessary after amendment tothe Standing Veterinary Committee which shall decide in accordancewith the procedure laid down in Article 6.
3. The list of establishments which have been granted derogations
shall be published by the Commission.
Article 3
With effect from 1 July 1992, Article 2 of Council Directive 88/409/
EEC of 15 June 1988 laying down the health rules applying to meatintended for the domestic market and the levels of the fees to becharged, pursuant to Directive 85/73/EEC, in respect of the inspectionof such meat(
1) shall be replaced by the following:
‘Article 2
As from 1 January 1996 Member States shall take the necessary
steps to ensure that all fresh meat produced in their territory formarketing there is obtained in an approved establishment in accor-dance with the provisions of Directive 64/433/EEC.’
Article 4
Until 31 December 1997, the Hellenic Republic shall be authorized to
continue, in less-favoured sparsely populated areas to be recognized in
accordance with the procedure laid down in Article 6, the slaughteringof sheepand goats which, from 15 February to 15 May, is carried outin premises which do not satisfy the requirements of Annexes I and IIto Directive 64/433/EEC and to derogate with respect to the require-ment for hot water from the provisions of Annex II, point 2 (a) to that
Directive.
The Hellenic Republic shall ensure that meat obtained under this dero-
gation can be placed on the market only in Greece and only after it hasundergone a post-mortem inspection by an official veterinarian and hasreceived the health mark provided for in Article 4A (3) of Directive 64/433/EEC.1991L0498 — EN — 22.08.1991 — 000.001 — 3
(1) OJ No L 194, 22. 7. 1988, p. 28.
▼B
The Council shall, on the basis of a report from the Commission,
accompanied by possible proposals on which it will decide by a quali-fied majority, re-examine this Article.
Article 5
The Federal Republic of Germany may, in accordance with the proce-
dure set out in Article 6, obtain a further period for establishments
situated in the Länderof the former German Democratic Republic
within the framework of current restructuring plans.
Article 6
Where reference is made to the procedure provided for in this Article,
the rules applicable shall be those set out in Article 16 of Directive 64/433/EEC.
Article 7
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with Article 2 (2) on 1 January1992 and with the other provisions of this Directive on 1 January 1993.
They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of making such areference shall be laid down by the Member States.
Article 8
This Directive is addressed to the Member States.1991L0498 — EN — 22.08.1991 — 000.001 — 4