1991L0494 — EN — 05.01.1993 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 26June 1991
on animal health conditions governing intra-Community trade in and imports from third coun-
tries 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
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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 Commit-
tee (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 inthe farming sector and constitutes a source of income for part of thefarming population;
Whereas disparities between Member States should be removed by
laying down rules regarding the animal health aspects of intra-Com-munity 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 toanother Member State comes, it should be stipulated that the poultrymust either have been reared on the territory of the Community orhave been imported 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 fromthird countries of poultry 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 1971on health problems affecting trade in fresh poultrymeat (
5), as last
amended by Directive 90/484/EEC (6); whereas, such meat may, how-
ever, be put to other uses provided that it has undergone treatmentdesigned to destroy 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 tothe general rules laid down in Council Directive 89/662/EEC of 11December 1989 concerning veterinary checks in intra-Communitytrade with 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;
(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.
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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 fromwhich fresh poultrymeat may be imported and that a certificate beproduced;
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 betaken to 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 toensure parallelism with regard to the date on which Member Statesmust 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 withinthe Standing 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 fresh poultry-meat.
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 alsoapply.
Moreover:
(a) ‘meat’ means any parts of poultry which are fit for human con-
sumption;
(b) ‘fresh meat’ means any meat, including meat vacuum-wrapped or
wrapped in a controlled atmosphere, which has not undergone any
treatment 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 therequirements of Chapter III of Directive 90/539/EEC.
Until 31 December 1992 poultrymeat intended for Member
States or regions of Member States the status of which has beenrecognized in accordance with Article 12 (2) of that Directive
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must come from poultry which has not been vaccinated against
Newcastle disease using an attenuated live vaccine during the30 days preceding slaughter.
Acting before 1 January 1992 by a qualified majority on a pro-
posal from the Commission based on a report on the risks oftransmission of Newcastle disease, the Council shall adopt therules applicable as from 1 January 1993;
2. comes from a holding:
— which has not been placed under animal health restrictions
in connection with a poultry disease,
— which is not situated in an area which has been declared an
avian influenza or Newcastle disease infection area;
3. during transport to the slaughterhouse did not come into contact
with poultry suffering from avian influenza or Newcastle dis-ease; such transport through an area which has been declared anavian influenza or Newcastle disease infection area shall be pro-
hibited 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 beenrecorded.
Any fresh meat which is suspected of having been contaminated
at the slaughterhouse, cutting plant or storage depot or in thecourse 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 Mem-
ber State after transit through a third country, accompanied bythe 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, pro-vided that it meets the requirements laid down in Article 3 (A) of thisDirective and that it comes from poultry slaughtered in accordancewith 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
not satisfy the requirements laid down in Article 3 (A) (2) (3) and the
first subparagraph of (4) may carry a mark in accordance with Article3 (1) A (e) of Directive 71/118/EEC, provided that this mark is imme-diately:
(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
lines 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 Direc-▼
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tive 71/118/EEC, overstamped in accordance with point (a) of this
paragraph.
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, trans-
ported 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 productsintended for 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.
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 carriedout by the Member State of destination and the safeguard measures tobe 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. The
Commission 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
their tasks.
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 it
comes from a third country or part thereof appearing on the list
drawn up in accordance with Article 9 and from which importa-tion is not prohibited under Article 14;
(b) poultrymeat sent as small consignments to private individuals, pro-
vided that such meat is not imported by way of trade, that thequantity does not exceed one kilogram and that it comes from athird country or part thereof appearing on the list drawn up inaccordance with Article 9 and from which importation is not pro-
hibited under Article 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 is
(1) OJ No L 47, 21. 2. 1980, p. 4.
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transferred, directly or after being placed provisionally under customs
supervision, 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 maybe supplemented or amended in accordance with the procedure laid
down in 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 wild-
life in the third country, particular attention being paid to exoticanimal diseases, and the environmental health situation in thatcountry, where either are liable to endanger public and animalhealth in the Member States;
(b) the regularity and rapidity of the supply of information by the
third country relating to the existence of contagious animal dis-eases in its territory, in particular the diseases appearing on lists Aand 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 parti-
cular legislation concerning the prohibition or authorization of
substances, their distribution, placing on the market and the ruleson administering 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 Official Journal of the European Commu-
nities .
Article 10
1. Fresh poultrymeat must come from third countries free from
avian influenza and Newcastle disease.
2. The general criteria for classifying third countries in terms of the
diseases referred to in paragraph 1 shall be adopted in accordancewith the procedure laid down in Article 17. These criteria must in no
case be more favourable than those adopted for the Member States
pursuant to Directive 90/539/EEC.
3. The Commission may, in accordance with the procedure laid
down in Article 18, decide that paragraph 1 shall apply only to a partof the territory of a third country.
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 aperiod to be defined in accordance with the procedure laid downin Article 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
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Directive 90/539/EEC. In accordance with the procedure laid down in
Article 18, derogations may be granted on a case-by-case basis, if thethird country concerned offers similar animal health guarantees which
are 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.
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 offi-cial languages of the country in which the import checks are to be
carried out;
(c) accompany the consignment in the original;
(d) attest that the fresh meat satisfies the requirements of this Direc-
tive 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 accor-
dance 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 provi-
sions of this 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 partthereof are to 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 thoseset out in Directive 90/675/EEC (
1).
Article 16
1. Pending the implementation of Community health rules concern-
ing imports of poultrymeat from third countries, Member States shallapply to such imports provisions which shall not be more favourablethan those governing intra-Community trade in accordance with Direc-tive 71/118/EEC and shall make trade in poultrymeat subject to the
(1) OJ No L 373, 31. 12. 1990, p. 1.
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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 expertsof the Member States and the Commission.
Member States' experts responsible for these inspections shall be
designated by the Commission on a proposal from the Member States.
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 inspec-
tions under national arrangements of any third country establishmentswhich 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 the proce-dure 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 shallbear, shall correspond to a model to be determined in accordance withthe 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 Com-mittee’), 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 Com-
mittee shall discuss the matter in accordance with the rules laid downin 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 and
imports from third countries of fresh poultrymeat (OJ No L268, 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 conform
to 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.
(1) OJ No L 255, 18. 10. 1968, p. 23.
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Article 21
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive no later
than 1 May 1992. 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 onthe occasion of their official publication. The methods of making sucha reference shall be laid down by the Member States.
Article 22
This Directive is addressed to the Member States.
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ANNEX
MODEL

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