This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOUNCIL DIRECTIVE
of 11 December 1989
concerning veterinary checks in intra-Community trade with a view to the completion of the internal
market
(89/662/EEC)
(OJ L 395, 30.12.1989, p. 13)
Amended by:
Official Journal
No page date
"M1 Council Directive 91/495/EEC of 27 November 1990 L 268 41 24.9.1991
"M2 Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
"M3 Council Directive 91/67/EEC of 28 January 1991 L 46 1 19.2.1991
"M4 Council Directive 91/494/EEC of 26 June 1991 L 268 35 24.9.1991
"M5 Council Directive 91/492/EEC of 15 July 1991 L 268 1 24.9.1991
"M6 Council Direttive of 22 July 1991 L 268 15 24.9.1991
Corrected by:
"C1 Corrigendum, OJ L 151, 15.6.1990, p. 40 (89/662/EEC)1989L0662 — EN — 31.07.1991 — 006.001 — 1
COUNCIL DIRECTIVE
of 11 December 1989
concerning veterinary checks in intra-Community trade with a view
to the completion of the internal market
(89/662/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 livestock products and products of animal origin implies the
dismantling of veterinary barriers to the development of intra-Commu-
nity trade in the products concerned; whereas in this respect the free
movement of agricultural products is a fundamental feature of the
common organization of markets and should facilitate the rational
development of agricultural production 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 animal
health;
Whereas the ultimate aim is to ensure that veterinary checks are carried
out at the place of dispatch only; whereas the attainment of this objective
implies the harmonization of the basic requirements relating to the
safeguarding of public health and animal health;
Whereas with a view to the completion of the internal market, pending
the attainment of this objective, the emphasis should be placed on the
checks 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 the
Community’ s internal frontiers;
Whereas this solution implies increased confidence in the veterinary
checks carried out by the State of dispatch; whereas the latter must
ensure that such veterinary checks are carried 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 goods are in transit;
Whereas it is for the Member States to specify in a plan to be submitted
the manner in which they intend to carry out the checks and whereas
these plans should be the subject of Community approval;
Whereas provision must be made for the action to be taken where a
veterinary check discloses that the consignment is irregular; whereas in
such a situation three possible solutions may be singled out: the aim of
the first would be to provide for the regularization of incorrect
documents, that of the second to avert any danger where it is found!B
(1) OJ No C 225, 31. 8. 1988, p. 4.
(2) OJ No C 326, 19. 12. 1988, p. 28.
(3) OJ No L 56, 6. 3. 1989, p. 7.1989L0662 — EN — 31.07.1991 — 006.001 — 2
that there has been an outbreak of an epizootic disease, any new serious
and contagious disease or other cause likely to constitute a serious hazard
to animals or to human health, while the third would arise where the
goods do not satisfy the requirements laid down for reasons other than
those referred to above;
Whereas provision should be made for a procedure for resolving
conflicts which could arise concerning consignments from an establish-
ment, production centre or undertaking;
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 Commission must
be able to act speedily, in particular by way of on-the-spot visits and
adopting measures appropriate to the situation.
Whereas in order to be effective, the rules laid down by this Directive
must cover all goods that are subject in the case of intra-Community
trade to veterinary requirements;
Whereas, however, with regard to certain epizootic diseases, different
health situations still prevail in the Member States and whereas, pending
a Community approach on the methods to combat these diseases, the
question of checking intra-Community trade in livestock should for the
time being be left to one side and a documentary check should be
permitted during transport; whereas, in view of the current state of
harmonization and pending Community rules, goods 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 with Article
36 of the Treaty;
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, provision
should be made for procedures establishing close and effective
cooperation 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 products of animal origin which are covered by the Directives listed in
Annex A or by Article 14 and which are intended for trade are no longer
carried out, without prejudice to Article 6, at frontiers but are carried out
in accordance with this Directive.
Article 2
For the purposes of this Directive:
1. ‘Veterinary check’ means any physical check and/or administrative
formality which applies to the products referred to in Article 1 and
which is intended for the protection, direct or otherwise, of public or
animal health;
2. ‘trade’ means trade between Member States in goods within the
meaning of Article 9 (2) of the Treaty;
3. ‘establishment’ means any undertaking which produces, stores or
processes the products referred to in Article 1;
4. ‘competent authority’ means the central authority of a Member State
competent to carry out veterinary checks or any authority to which it
has delegated that competence;
5. ‘official veterinarian’ means the veterinarian appointed by the
competent central authority of the Member State.!B1989L0662 — EN — 31.07.1991 — 006.001 — 3
CHAPTER I
Checks at origin
Article 3
1. Member States shall ensure that the only products intended for trade
are those referred to in Article 1 which have been obtained, checked,
marked and labelled in accordance with Community rules for the
destination in question and which are accompanied to the final consignee
mentioned therein by a health certificate, animal-health certificate or by
any other document provided for by Community veterinary rules.
The establishments of origin shall ensure, by constant self-supervision,
that such products satisfy the requirements of the first subparagraph.
Without prejudice to the monitoring duties assigned to the official
veterinarian under Community legislation, the competent authority shall
carry out regular checks on establishments in order to satisfy itself that
products intended for trade comply with Community requirements or, in
the cases referred to in paragraph 3 of this Article and Article 14, with
the requirements of the Member State of destination.
Where there are grounds for suspecting that requirements are not being
met, the competent authority shall carry out the necessary checks and, if
the suspicion is confirmed, take the appropriate measures, which may
include withdrawing approval.
2. Where the transport operation involves several places of destination,
products must be grouped together in as many batches as there are places
of destination. Each batch must be accompanied by the aforementioned
certificate or document.
Where the products referred to in Article 1 are intended for export to a
third country, the transport operation must retrain under customs
supervision up to the point of exit from Community territory.
3. Member States which make optional imports from certain third
countries shall inform the Commission and the other Member States of
the existence of such imports.
Where products are brought into Community territory by a Member State
other than those referred to above, that Member State shall carry out a
documentary check on the origin and destination of the goods in
accordance with Article 6 (1).
Member States of destination shall prohibit the products concerned from
being sent on from their territory unless they are bound for another
Member State using the same option.
Article 4
1. Member States of dispatch shall take the necessary measures to
ensure that operators comply with veterinary requirements at all stages of
the production, storage, marketing and transport of the products referred
to in Article 1. In particular, they shall ensure that:
— the products obtained in accordance with the directives referred to in
Annex A are checked in the same way, from a veterinary viewpoint,
whether they are intended for intra-Community trade or for the
national market,
— the products covered by Annex B are not dispatched to the territory
of another Member State, if they cannot be marketed on their own
territory for reasons justified by Article 36 of the Treaty.
2. Member States of dispatch shall take the appropriate administrative,
legal or penal measures to penalize any infringement of veterinary
legislation by natural or legal persons where it is found that Community
rules have been infringed, in particular where it is found that the
certificates or documents drawn up do not correspond to the actual state
of the products or that public health stamps have been affixed to products
which do not comply with those rules.!B1989L0662 — EN — 31.07.1991 — 006.001 — 4
CHAPTER II
Checks on arrival at the destination
Article 5
1. Member States of destination shall implement the following
measures:
(a) The competent authority may, at the places of destination of goods,
check by means of non-discriminatory veterinary spot-checks that
the requirements of Article 3 have been complied with; it may take
samples at the same time.
Furthermore, where the competent authority of the Member State of
transit or of the Member State of destination has information leading
it to suspect an infringement, checks may also be carried out during
the transport of goods in its territory, including checks on
compliance as regards the means of transport;
(b) where the products referred to in Article 1 originating in another
Member State are intended:
— for an establishment placed under the responsibility of an
official veterinarian, the latter must ensure that only products
that meet the requirements of Article 3 (1) with respect to
marking and accompanying documents or, in the case of the
products referred to in Annex B, are accompanied by the
document stipulated by the rules of the country of destination,
are admitted to that establishment,
— for an approved intermediary who divides up the batches or for a
commercial undertaking with many branches, or any establish-
ment not subject to permanent supervision, the latter must
check, before the batch is divided, up or marketed, that the said
marks, certificate, or documents referred to in the first indent are
present and notify the competent authority of any irregularity or
anomaly,
— for other consignees, particularly where tile batch is partially
unloaded during transport, the batch must be accompanied, in
accordance with Article 3 (1), by the original of the certificate
referred to in the first indent.
The guarantees which must be furnished by the consignees referred
to in the second and third indents shall be specified in an agreement
with the competent authority to be signed at the time of the prior
registration provided for in paragraph 3. The competent authority
shall carry out random checks to verify compliance with those
guarantees.
2. Without prejudice to Article 4, where the Community standards laid
down by Community rules have not been set and in the case provided for
in Article 14, the Member State of destination may require, with due
regard for the general provisions of the Treaty, that the establishment of
origin must apply the standards in force under the national rules of that
Member State. The Member State of origin shall ensure that the product
in question comply with those requirements.
3. Operators who have products delivered to them from another
Member State or who completely divide up a batch of such products.
(a) shall be subject, if so requested by the competent authority, to prior
registration;
(b) shall keep a register in which such deliveries are recorded;(c) must, if so requested by the competent authority, report the arrival of
products from another Member State, to the extent necessary to carry
out the checks referred to in paragraph 1;
(d) keep for a period of not less than six months to be specified by the
competent authority, the health certificates or documents referred to!B1989L0662 — EN — 31.07.1991 — 006.001 — 5
in Article 3 for presentation to the competent authority should the
latter so request.
4. The detailed rules for implementing this Article shall be adopted in
accordance with the procedure laid down in Article 18.
5. The Council, acting on the basis of a Commission report accom-
panied by any proposals for amendments, shall re-examine this Article
within a period of three years from the implementation of this Directive.
Article 6
1. Member States shall ensure that, during the checks carried out at the
places where products from a third country may be brought into the
territories, defined in Annex I to Directive 90/675/EEC (1) such as ports,
airports and border inspection posts with third countries, the following
measures are taken:
(a) a documentary check is made on the products’ origin;
(b) products originating in the Community are subject to the rules on
checks provided for in Article 5;
(c) products from third countries are subject to the rules laid down in
Directive 90/675/EEC.
2. However, as from 1 January 1993 and by way of derogation from
paragraph 1, all products transported by regular, direct means of
transport linking two geographical points of the Community shall be
subject to the rules of inspection laid down in Article 5.
Article 7
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 named in Directive
82/894/EEC (2), as last amended by Commission Decision
89/162/EEC (3), a zoonosis or disease, or any cause likely to
constitute a serious hazard to animals or humans, or that the products
come from an area infected by an epizootic disease, they shall,
except as regards animal-health aspects, in the case of products
subject to one of the treatments referred to in Article 4 of Directive
80/215/EEC (4), as last amended by Directive 88/660/EEC (5), order
the batch to be destroyed or used in any other way laid down by
Community rules.
Costs relating to the destruction of the batch shall be borne by the
consignor or his representative.
The competent authorities of the Member State of destination shall
immediately notify the competent authorities of the other Member
States and the Commission by telex of the findings arrived at, the
decisions taken and the reasons for such decisions.
The protective measures provided for in Article 9 may be applied.
In addition, at the request of a Member State and in accordance with
the procedure laid down in Article 17, the Commission may, in order
to deal with situations not provided for by Community legislation,
adopt any measure necessary to arrive at a concerted approach by the
Member States;!B
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 378, 31. 12. 1987, p. 58.
(3) OJ No L 61, 4. 3. 1989, p. 48.
(4) OJ No L 47, 21. 2. 1980, p. 4.
(5) OJ No L 382, 31. 12. 1988, p. 35.!M2
!B1989L0662 — EN — 31.07.1991 — 006.001 — 6
(b) that the goods do not meet the conditions laid down by Community
directives, or, in the absence of decisions on the Community
standards provided for by the directives, by national standards, they
may, provided that health and animal-health considerations so
permit, give the consignor or his representative the choice of:
— destroying the goods, or— using the goods for other purposes, including returning them
with the authorization of the competent authority of the country
of the establishment of origin.
However, if the certificate or the documents are found to contain
irregularities, the consignor must be granted a period of 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 agents and diseases referred to in
paragraph 1, and detailed rules for the application of this Article.
Article 8
1. In the cases provided for in Article 7, 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 authority of the
first Member State of the nature of the checks carried out, the decisions
taken and the reasons for such decisions.
If the authority of the first Member State fears that such measures are
inadequate, the competent authorities of the two Member States shall
together seek ways and means of remedying the situation; if appropriate
this may involve an on-the-spot inspection.
Where the checks provided for in Article 7 show repeated irregularities,
the competent authority of the Member State of destination shall inform
the Commission and the veterinary departments 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 into
account the nature of the infringements established, may:
— send a mission of inspection to the establishment concerned, or— instruct an official veterinarian, whose name shall be on a list to be
prepared by the Commission at the suggestion of the Member States,
and who is acceptable to the various parties concerned, to check the
facts in the establishment concerned,
— request the competent authority to intensify its sampling of the
products of the establishment concerned.
It shall inform the Member States of its findings.
Where these measures are taken to deal with repeated irregularities on
the part of an establishment, the Commission shall charge any expenses
occasioned by the application of the indents of the foregoing
subparagraph to the establishment involved.
Pending the Commission’ s findings, the Member State of dispatch must,
at the request of the Member State of destination, intensify checks on
products coming from the establishment in question, and if there are
serious animal health or public health grounds, suspend approval.
The Member State of destination may, for its part, intensify checks on
products coming from the same establishment.
At the request of one of the two Member States concerned — where the
irregularities are confirmed by the expert’s opinion — the Commission
must, in accordance with the procedure laid down in Article 17, take the
appropriate measures, which may go as far as authorizing the Member
States to prohibit provisionally the bringing into their territory of!B1989L0662 — EN — 31.07.1991 — 006.001 — 7
products coming from that establishment. These measures must be
confirmed or reviewed as soon as possible in accordance with the
procedure laid down in Article 17.
The general rules for the application of this Article shall be adopted in
accordance with the procedure set out in Article 18.
2. Rights of appeal existing under the laws in force in the Member
States against decisions by the competent authorities shall not be affected
by this Directive.
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 rights of
appeal which are available to him under the law in force in the Member
State of destination and of the procedure and time limits applicable.
However, in the event of a dispute, and without prejudice to the
aforementioned rights of appeal, 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 list of Community
experts to be drawn up by the Commission; the cost of consulting the
expert shall be borne by the Community.
Such experts shall issue their opinions within not more than 72 hours.
The parties shall abide by the expert’s opinion, with due regard for
Community veterinary legislation.
3. The costs of returning the consignment, storing the goods, putting
them to other uses or destroying them shall be borne by the consignee.
CHAPTER III
Common provisions
Article 9
1. Each Member State shall immediately notify the other Member
States and the Commission of any outbreak in its territory, other than an
outbreak of diseases referred to in Directive 82/894/EEC, of any
zoonoses, diseases or other cause likely to constitute a serious hazard to
animals or to human health.
The Member State of origin shall immediately implement the control or
precautionary measures provided for in Community rules, in particular
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 of the
diseases or causes referred to in the first subparagraph may, if necessary,
take the precautionary measures provided for in Community rules.
Pending the measures to be taken in accordance with paragraph 4, the
Member State of destination may, on serious public or animal-health
grounds, take interim protective measures with regard to the establish-
ments concerned or, in the case of an epizootic disease, with regard to the
area of protection provided for in Community rules.
The measures taken by Member States shall be notified to the
Commission and to the other Member States without delay.
2. At the request of the Member State referred to in the first
subparagraph of paragraph 1 or on the initiative of the Commission,
one or more Commission representatives may go at once to the place
concerned to examine, in collaboration with the competent authorities,
what measures have been taken, and shall issue an opinion on those
measures.!B1989L0662 — EN — 31.07.1991 — 006.001 — 8
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 collaboration
with the Member State concerned and pending the meeting of the
Standing Veterinary Committee, take interim protective measures with
regard to products from the region affected by the epizootic disease or
from a given establishment. These measures shall be submitted to the
Standing Veterinary Committee as soon as possible to be confirmed,
amended or cancelled in accordance with the 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 products referred to in Article 1 and, if the
situation so requires, for the originating products or products derived
from those products in accordance with the procedure laid down in
Article 17. The Commission shall monitor the situation and, by the same
procedure, shall amend or repeal the decisions taken, depending on 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 laid down in
Article 18.
Article 10
Each Member State and the Commission shall appoint the veterinary
department or departments responsible for carrying out the veterinary
checks and collaborating with the other Member States’ inspection
departments.
Article 11
The Member States shall also ensure that the officials of their veterinary
departments, if appropriate in collaboration with the officials of other
departments empowered to that end, are able in particular to:
— carry out inspections of premises, offices, laboratories, installations,
means of transport, plant and equipment, cleaning and maintenance
products, procedures used for the production and processing of
products and the marking and labelling and presentation of those
products,
— carry out checks on whether staff comply with the requirements laid
down in the texts referred to in Annex A,
— take samples from products held with a view to being stored or sold,
put on the market or transported;
— examine documentary or computer material relevant to the checks
carried out further to the measures taken pursuant to Article 3 (1).
For this purpose, they must receive from the establishments being
checked the cooperation necessary for the performance of their duties.
Article 12
1. Article 8 (3) and Articles 10 and 11 of Directive 64/433/EEC (1), as
last amended by Directive 88/657/EEC (2) are deleted.
2. Article 5 (3) and (4), and Articles 9, 10 and 11 of Directive
71/118/EEC (3) as last amended by Directive 88/657/EEC are deleted.!B
(1) OJ No 121, 29. 7. 1964, p. 2012/64.
(2) OJ No L 382, 21. 12. 1988, p. 3.
(3) OJ No L 55, 8. 3. 1971, p. 23.1989L0662 — EN — 31.07.1991 — 006.001 — 9
3. In Directive 74/461/EEC (1) as last amended by Directive
87/489/EEC (2):
(i) Articles 5 (2), (3), (4) and (5) and Articles 6 and 8 are deleted;
(ii) in Article 8a, the references to Article 8 are replaced by a reference
to Article 9 of Directive 89/662/EEC.
4. Article 7 (3) and Articles 12 and 16 of Directive 77/99/EEC (3), as
last amended by Directive 89/227/EEC (4), is deleted.
5. In Directive 80/215/EEC:
(i) Article 5 (2), (3), (4) and (5) and Articles 6 and 7 are deleted;
(ii) in Article 7a, the references to Article 7 is replaced by a reference to
Article 9 of Directive 89/662/EEC.
6. Article 5 (3) and (4), and Article 7, 8 and 12 of Directive
85/397/EEC (5), as amended by Regulation (EEC) No 3768/85 (6), are
deleted.
7. Article 10 (1) and (3) of Directive 88/657/EEC is deleted.8. Articles 8 and 9 of Directive 89/437/EEC (
7) are deleted.
9. In Annex B to Directive 72/462/EEC (8), the following shall be
added to the certificate: ‘Name and address of first consignee’.
Article 13
1. The following Article is added to Directives 64/433/EEC and
71/118/EEC:
‘Article 19
The Rules laid down in Directive 89/662/EEC (*) concerning
veterinary checks applicable in intra-Community trade, with a view
to the completion of the internal market, shall apply in particular 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
protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13’.
2. The following Article is added to Directives 72/461/EEC and
80/215/EEC:
‘Article 15
The rules laid down in Directive 89/662/EEC (*)c o n c e r n i n g
veterinary checks applicable in intra-Community trade, with a view
to the completion of the internal market, shall apply in particular 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
protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13.’!B
(1) OJ No L 302, 31. 12. 1972, p. 24.
(2) OJ No L 280, 3. 10. 1987, p. 28.
(3) OJ No L 26, 31. 1. 1977, p. 85.
(4) OJ No L 93, 6. 4. 1989, p. 25.
(5) OJ No L 226, 24. 8. 1985, p. 13.
(6) OJ No L 362, 31. 12. 1985, p. 8.
(7) OJ No L 212, 22. 7. 1989, p. 87.
(8) OJ No L 302, 31. 12. 1972, p. 28.1989L0662 — EN — 31.07.1991 — 006.001 — 10
3. The following Article is added to Directive 77/99/EEC:
‘Article 24
The Rules laid down in Directive 89/662/EEC (*) concerning
veterinary checks applicable in intra-Community trade, with a view
to the completion of the internal market, shall apply in particular 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
protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13.’
4. The following Article shall be added to Directives 85/397/EEC and
88/657/EEC:
‘Article 18
The Rules laid down in Directive 89/662/EEC (*) concerning
veterinary checks applicable in intra-Community trade, with a view
to the completion of the internal market, shall apply in particular 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
protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13’.
5. The following Article is added to Directive 88/437/EEC:
‘Article 17
The Rules laid down in Directive 89/662/EEC (*) concerning
veterinary checks applicable in intra-Community trade, with a view
to the completion of the internal market, shall apply in particular 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
protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13’.
Article 14
Until 31 December 1992, trade in the products listed in Annex B shall,
pending the adoption of Community rules, be subject to the rules on
control laid down by this Directive, in particular those laid down in
Article 5 (2).
Member States shall communicate before the date laid down in Article
19 the conditions and procedures currently applicable to trade in the
products referred to in the first subparagraph.
The Council, acting on a proposal from the Commission, shall determine
the final arrangements applicable to trade in the products listed in Annex
B before 31 December 1991.
Article 15
In Article 9 of Directive 64/432/EEC (1), the following point is inserted:
‘2a. One or more Commission representatives may, at the
request of a Member State or at the initiative of the
Commission itself, go at once to the place concerned to
examine, in cooperation with the competent authorities, the
measures taken and issue an opinion on those measures.’.!B
(1) OJ No 121, 29. 7. 1964, p. 1977/64.1989L0662 — EN — 31.07.1991 — 006.001 — 11
Article 16
1. Member States shall submit to the Commission no later than three
months before the date laid down in Article 19 (1) a programme setting
out the national measures to be taken to achieve the stated objective of
this Directive, in particular the frequency of checks.
2. The Commission shall examine the programmes communicated by
the Member States in accordance with paragraph 1.
3. Each year and for the first time in 1991, the Commission shall
address to the Member States a recommendation on a programme of
checks 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 17
1. Where the procedure laid down in this Article is to be used, matters
shall without delay be referred by the Chairman, either on his own
initiative or at the request of a Member State, to the Standing Veterinary
Committee (hereinafter called the ‘Committee’) set up by Decision
68/361/EEC (1).
2. The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. "C1The Committee shall deliver
its opinion on the draft within two days. 3 The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the Member
States within the Committee shall be weighted in the manner set out in
that Article. The Chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
4. If the measures envisaged are not in accordance with the opinion of
the Committee, or if no opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal relating to the measures
to be taken.
The Council shall act by a qualified majority.If, on the expiry of a period of 15 days from the date of referral to the
Council, the Council has not acted, the Commission shall adopt the
proposed measures, save where the Council has decided against the said
measures by a simple majority.
Article 18
1. Where the procedure laid down in this Article is to be used, matters
shall without delay be referred by the Chairman, either on his own
initiative or at the request of a Member State, to the Standing Veterinary
Committee (hereinafter called ‘the Committee’) set up by Decision
68/361/EEC.
2. The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. The Committee shall deliver its
opinion on the draft within a time limit which the Chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the Member
States within the Committee shall be weighted in the manner set out in
that Article. The Chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.!B
(1) OJ No L 255, 18. 10. 1968, p. 23.1989L0662 — EN — 31.07.1991 — 006.001 — 12
4. If the measures envisaged are not in accordance with the opinion of
the Committee, or if no opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal relating to the measures
to be taken.
The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the Commission shall adopt the
proposed measures and implement them immediately, save where the
Council has decided against the said measures by a simple majority.
CHAPTER IV
Transitional and Final Provisions
Article 19
1. Before 31 December 1990 the Council shall act by a qualified
majority on the Commission proposal concerning veterinary checks in
intra-Community trade in live animals.
Before the date referred to in the first subparagraph, the Council, acting
by a qualified majority on a proposal from the Commission, shall decide
on the rules and general principles applicable to checks on imports from
third countries of products covered by this Directive. In the same way, the
check posts on the external frontiers, together with the requirements that
these posts will have to satisfy, shall be fixed before that date.
2. Before 31 December 1992 the Council shall review the provisions of
this Directive on the basis of a report from the Commission on the
experience gained, accompanied by any relevant proposals, on which it
will decide by a qualified majority.
Article 20
Until 31 December 1992 and in order to permit the gradual
implementation of the checking arrangements laid down by this
Directive, Member States may, by way of derogation from Article 5 (1):
— maintain documentary checks during transport on meat and on
products deriving therefrom, in order to ensure compliance with the
specific requirements laid down by Community rules concerning
foot and mouth disease and swine fever,
— operate documentary checks during transport on products imported
from third countries intended for them.
Article 21
The Council, acting by a qualified majority on a proposal from the
Commission, shall, before 1 October 1992, determine the arrangements
applicable on the expiry of the transitional provisions laid down in
Article 20.
Article 22
The Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive on a
date to be fixed in the decision to be taken before 31 December 1990, in
accordance with the second subparagraph of Article 19 (1), but not later
than 31 December 1991.
However, the Hellenic Republic shall have a further period of one year
within which to comply therewith.
Article 23
This Directive is addressed to the Member States.!B1989L0662 — EN — 31.07.1991 — 006.001 — 13
ANNEX A
V eterinary legislation
— Council Directive 64/433/EEC of 26 June 1964 on health problems affecting
intra-Community trade in fresh meat (OJ No 121, 29. 7. 1964, p. 2012/64), aslast amended by Directive 88/657/EEC (OJ No L 382, 31. 12. 1988, p. 3),
— Council Directive 71/118/EEC of 15 February 1971 on health problems
affecting trade in fresh poultrymeat (OJ No L 55, 8. 3. 1971, p. 23), as last
amended by Directive 88/657/EEC (OJ No L 382, 31. 12. 1988, p. 3),
— Council Directive 72/461/EEC of 12 December 1972 on health problems
affecting intra-Community trade in fresh meat (OJ No L 302, 31. 12. 1972, p.
24), as last amended by Directive 87/489/EEC (OJ No L 280, 3. 10. 1987, p.28),
— Council Directive 77/99/EEC of 21 December 1976 on health problems
affecting intra-Community trade in meat products (OJ No L 26, 31. 1. 1977,p. 85.), as last amended by Directive 89/277/EEC (OJ No L 93, 6. 4. 1989, p.
25),
— Council Directive 80/215/EEC of 22 January 1980 on animal health problems
affecting intra-Community trade in meat products (OJ No L 47, 21. 2. 1980,
p. 4), as last amended by Directive 88/660/EEC (OJ No L 382, 31. 12. 1988,p. 35),
— Council Directive 85/397/EEC of 5 August 1985 on health and animal health
problems affecting intra-Community trade in heat-treated milk (OJ No L 226,24. 8. 1985, p. 13), as last amended by Regulation (EEC) No 3768/85 of 20.
12. 1985 (OJ No L 362, 31. 12. 1985, p. 8),
— Council Directive 88/657/EEC of 14 December 1988 laying down the
requirements for the production of, and trade in, minced meat, meat in pieces
of less than 100 grams and meat preparations (OJ No L 382, 31. 12. 1988, p.3) (
1),
— Council Directive 89/437/89 of 20 June 1989 on hygiene and health problems
affecting the production and the placing on the market of egg products (OJNo L 212, 22. 7. 1989, p. 87) (
1),
— Council Directive 91/495/EEC of 27 November 1990 on public health and
animal health problems affecting the production and placing on the market of
rabbit meat and farmed game meat. (OJ No L 268, 24. 9. 1991, p. 41)(Excluding rabbit meat and farmed game meat imported from thirdcountries),
— Council Directive 91/67/EEC of 28 January 1991 concerning the animal
health conditions governing the placing on the market of aquaculture animals
and products (OJ No L 46, 19. 2. 1991, p. 1),
— Council Directive 91/494/EEC of 26 June 1991, on animal health conditions
governing intra-Community trade in and imports from third countries of freshpoultrymeat (OJ No L 268, 24. 9. 1991, p. 35),
— Council Directive 91/492/EEC of 15 July 1991 laying down the health
conditions for the production and placing on the market of live bivalve
molluscs, (OJ No L 268, 24. 9. 1991, p. 1),
— Council Directive 91/493/EEC of 22 July 1991 laying down the health
conditions for the production and placing on the market of fishery products(OJ No L 268, 24. 9. 1991, p. 15).!
B
(1) As from 1 January 1992.!M1
!M3
!M4
!M5
!M61989L0662 — EN — 31.07.1991 — 006.001 — 14
ANNEX B
Products not subject to Community harmonization, but trade in which would
be subject to the checks provided for by this Directive
Products of animal origin covered by Annex II to the Treaty:
— wild game meat,
— raw milk and milk products,
— game and rabbit meat products,
— blood,
— offal of animal fats, greaves and by-products of rendering,— honey,— snails intended for human consumption,
— frogs’ legs intended for human consumption.!
B
!M1
!B
!M3
!M6
!M5
!B1989L0662 — EN — 31.07.1991 — 006.001 — 15