1972L0461 — EN — 21.12.1983 — 012.001 — 1
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►B COUNCILDIRECTIVE
of12December 1972
onhealthproblemsaffectingintra-Communitytradeinfreshmeat
(72/461/EEC)
(OJ L 302, 31.12.1972, p. 24)
Amended by:
Official Journal
No page date
►M1Council Directive 73/358/EEC of 19 November 1973 L 326 17 27.11.1973
►M2Council Directive 74/387/EEC of 15 July 1974 L 202 36 24.7.1974
►M3Council Directive 75/379/EEC of 24 June 1975 L 172 17 3.7.1975
►M4Council Directive 77/98/EEC of 21 December 1976 L 26 81 31.1.1977
►M5Council Directive 78/54/EEC of 19 December 1977 L 16 22 20.1.1978
►M6amended by Council Directive 79/111/EEC of 24 January 1979 L 29 26 3.2.1979
►M7Council Directive 80/213/EEC of 22 January 1980 L 47 1 21.2.1980
►M8Council Directive 80/1099/EEC of 11 November 1980 L 325 14 1.12.1980
►M9Council Directive 81/476/EEC of 24 June 1981 L 186 20 8.7.1981
►M10Council Directive 82/893/EEC of 21 December 1982 L 378 57 31.12.1982
►M11Council Directive 83/646/EEC of 13 December 1983 L 360 44 23.12.1983
Amended by:
►A1Act of Accessionof Greece L 291 17 19.11.1979
Corrected by:
►C1Corrigendum, OJ L 200, 20.7.1973, p. 42 (72/461/EEC)
►C2Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 111 (72/461/EEC)
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COUNCILDIRECTIVE
of12December 1972
onhealthproblemsaffectingintra-Communitytradeinfreshmeat
(72/461/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;Having regard to the Opinion of the Economic and Social Committee;Whereas the implementation of the Council Directive of 26 June
1964(
1) on health problems affecting intra-Community trade in fresh
meat, as last amended by the Council Directive of 27 October1970,(
2) will not have the desired effect so long as intra-Community
trade is hindered by differences between the health requirements ofMember States concerning meat; whereas to eliminate such differences
the health provisions of the Member States concerning meat must be
approximated;
Whereas in particular, to improve information concerning the state of
health of the animals from which fresh meat for consignment toanother Member State comes, it should be stipulated that animalsfrom certaincategories must have stayed for a specified period inthe
territory of the Community, unless an exception is granted by the
country of destination and communicated to the other Member Statesand the Commission;
Whereas, inorder to avoid the spread of epizootic diseases by mean s of
fresh meat, fresh meat from animals coming from a holding or area
which, in accordance with Community rules, has been placed under
health restrictions, should be excluded from intra-Community trade;
Whereas care should be takenthat fresh meat which does n ot comply
with Community rules should not be given the health mark providedfor inthose rules;
Whereas the Member States must have the right to prohibit the intro-
duction of meat into their territory if it does not comply withCommunity health provisions; whereas, however, the consignor shouldat his ownrequest or uponrequest of a represen tative be allowed toreturn the meat unless on health grounds there are reasons to the
contrary;
Whereas the consignor or his representative and the competent authori-
ties of the exporting country must be informed of the reasons for anyprohibitionor restrictionso that they may be aware of them;
Whereas the Member States must have the right to prohibit the intro-
ductionin to their territory of fresh meat from a Member State where
an epizootic disease has broken out; whereas, depending on the natureand character of this epizootic disease, such a prohibition may either belimited to meat coming from a part of the territory of the exportingcountry, or extended to the whole of that territory; whereas, in the
event of an outbreak of a contagious disease in the territory of a
Member State it is necessary for appropriate measures to be takenrapidly to control it; whereas the dangers inherent in such diseasesand the requisite protective measures should be viewed in the samelight throughout the Community; whereas, to this end, the StandingVeterinary Committee set up by the Council Decision of 15 October1972L0461 — EN — 21.12.1983 — 012.001 — 2
(1) OJ No 121, 29.7.1964, p. 2012/64.
(2) OJ No L 239, 30.10.1970, p. 42.
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1968(1) should institute an emergency Community procedure to take
the necessary measures;
Whereas it seems desirable to set downinthis Directive the gen eral
principle of non-discrimination; whereas it should accordingly beexpressly laid down, pending specific Community rules covering
imports from third countries, that the treatment to be applied to third
countries by each Member State should not be more favourable thanthe treatment applied, pursuant to this Directive, to trade between theMember States;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to intra-Community trade in fresh meat
of domestic bovine animals, swine, sheep and goats and solipeds.
2. All parts of these animals which are fit for human consumption
shall be considered to be meat.
3. All meat which has not undergone any preserving process shall be
considered as fresh meat; however, for the purposes of this Directive
chilled and frozen meat shall be considered to be fresh meat.
Article 2
For the purposes of this Directive:
(a)official veterinarian means the veterinarian designated by the
competent central authority of the Member State;
(b)exporting country means the Member State from which fresh meat
is sent to another Member State;
(c)country of destination means the Member State to which fresh meat
is sent from another Member State.
Article 3
Only fresh meat which fulfils the following requirements may be sent
from the territory of one Member State to the territory of anotherMember State:
(a) Meat obtained from domestic sheep, goats or solipeds must,
without prejudice to Article 6, come from animals which have
stayed in the territory of the Community for at least twenty-one
days immediately prior to slaughter or from birth inthe case ofanimals less than twenty-one days old.
(b) The meat must not have been obtained from animals which come
from a holding or area which for health reasons is subject to prohi-bition pursuant to Article 3 (2) (b) of the Council Directive of 26
June 1964(
2) on animal health problems affecting intra-Community
trade in bovine animals and swine, last amended by the CouncilDirective of 7 February 1972(
3), as a result of the outbreak of
foot and mouth disease, swine fever ►M8, swine vesicular
disease◄or contagious swine paralysis (Teschen disease) to
which the animals in question are susceptible.
(c) The meat must not be obtained from slaughterhouses in which
cases of foot and mouth disease, swine fever ►M8, swine vesi-
cular disease ◄or contagious swine paralysis (Teschen disease)
have beenrecorded.
Should there be anoutbreak of on e of these diseases, the Member
States shall ensure that no meat suspected to be contaminated formspart of intra-Community trade.1972L0461 — EN — 21.12.1983 — 012.001 — 3
(1) OJ No L 255, 28.10.1968, p. 23.
(2) OJ No 121, 29.7.1964, p. 1977/64.
(3) OJ No L 38, 12.2.1972, p. 95.
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Article 4
Without prejudice to Article 3 (b), fresh meat from swine, sheep and
goats may not be sent to the territory of another Member State except
on condition that such animals do not come from a holding in theexporting country which is subject to prohibition for health reasons asa result of the outbreak of porcine, ovine or caprine brucellosis.
Such prohibitionmust last at least six weeks after the last case has
beenofficially recorded.
Article 5
1. The Member States shall ensure that fresh meat obtained from
animals which do not fulfil the requirements of Articles 3 and 4 shallnot be given the health mark provided for in Chapter IX of Annex I ofthe Directive on health problems affecting intra-Community trade in
fresh meat.
2. The country of destination may prohibit the introduction of fresh
meat into its territory if it has been established that Articles 3 and 4have not been observed.
3. In this event, the country of destination must authorise, at the
request of the consignor or his representative, the return of the wholeconsignment of fresh meat, provided this is not contrary to considera-tions of health.
4. The competent authority of the country of destination may order
the consignment to be destroyed where introduction is prohibited,
pursuant to paragraph 2, and the exporting country or country oftransit, as the case may be, does not authorise return.
5. For the applicationof the measures referred to inparagraphs 2, 3
and 4 of this Article, Article 6 (7) of the Directive on health problems
affecting intra-Community trade in bovine animals and swine shall
apply.
Article 5a
Notwithstanding Article 5 (1), and in so far as it is not intended for
intra-Community trade in fresh meat, the meat referred to in that
Article may carry the mark defined in Annex I, Chapter IX of Directive64/433/EEC, provided that the special mark referred to in the Annex tothis Directive is immediately superimposed thereon.
The provisions of Annex I, Chapter IX, point 39 of Directive 64/433/
EEC shall apply mutatis mutandis to the keeping and use of marking
instruments.
Such meat must be obtained, cut, transported and stored separately
from, or not at the same time as, meat intended for intra-Communitytrade infresh meat.
Article 6
1. This Directive shall not affect the appeal procedures available
under the rules in force in the Member States against the decisions of
the competent authorities and provided for in this Directive.
2. Each Member State shall grant to exporters, whose fresh meat
may not be introduced in accordance with Article 5 (2), the right toobtain the opinion of a veterinary expert. Each Member State shallensure that the veterinary experts have the opportunity of determining
whether the conditions of Article 5 (2) have been fulfilled before the
competent authorities take other measures such as the destruction ofthe meat.
The veterinary expert must be a national of a Member State other than
the exporting country or the country of destination.1972L0461 — EN — 21.12.1983 — 012.001 — 4
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The Commissionshall draw up, ona proposal from the Member States,
the list of veterinary experts who may he called upon to give suchopinions. It shall determine, after consulting with the Member States,
the general rules of implementation, in particular as regards the proce-
dure to be followed in giving such opinions.
Article 7
1. Countries of destination may grant to one or more exporting
countries general authorisations or authorisations restricted to specificcases for the introduction into their territory of fresh meat, in deroga-tion from Article 3 (a) does not come from animals which have stayedin the territory of the Community for at least twenty-one days immedi-
ately prior to slaughter or since birth in the case of animals less than
twenty-one days old.
2. When a country of destination grants a general authorisation, in
accordance with paragraph 1, it shall immediately inform the Member
States and the Commission.
3. When a country of destination grants one of the authorisations
provided for in paragraph 1, a corresponding authorisation should be
obtained, in cases of transit, from the countries of transit concerned.
Article 8
1. Without prejudice to ►
C2Articles 3, 4 and 7 ◄, a Member
State may, if there is a danger that animal diseases may be spread by
the introduction into its territory of fresh meat from another MemberState, take the following measures:
(a) Inthe even t of anoutbreak of anepizootic disease inthe other
Member State, it may temporarily prohibit or restrict the introduc-tionof meat from the affected areas of that Member State;
(b) If anepizootic disease becomes widespread or if there is an
outbreak of another serious contagious or infections animal disease,it may temporarily prohibit or restrict the introduction of meat from
the entire territory of that State.
2. Each Member State must notify the other Member States and the
Commissionwithout delay of the outbreak inits territory of an y
disease referred to inparagraph 1 an d of the measures it has takento
control it. It must also notify them without delay of the disappearanceof the disease.
3. Measures taken by a Member State under paragraph 1, and their
repeal, must be communicated without delay to the other MemberStates and to the Commission together with the precise reasons forsuch measures.
It may be decided, according to the procedure laid down in
►
C2Article 9 ◄, that these measures should be amended, mainly to
ensure coordination with those adopted by the other Member States, orabolished.
4. If the situationprovided for inparagraph 1 arises an d if it seems
necessary for other Member States also to apply the measures takenpursuant to the said paragraph, together with any amendments madein accordance with paragraph 3, the appropriate provisions shall be
adopted according to the procedure defined in Article 8.
5.►
C2Article 9 ◄of the Directive onhealth problems affectin g
intra-Community trade in fresh meat is hereby repealed.1972L0461 — EN — 21.12.1983 — 012.001 — 5
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Article 9
1. Where the procedure laid downinthis Article is to be followed,
matters shall be referred by the Chairman, either on his own initiativeor at the request of a Member State, to the Standing VeterinaryCommittee (hereinafter called ‘the Committee’) set up by the CouncilDecisionof 15 October 1968.
2. Withinthe Committee the votes of the Member States shall be
weighted as provided inArticle 148 (2) of the Treaty. The Chairman
shall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its Opinion on
the measures within two days. Opinions shall be delivered by a
majority of ►
A1forty-five ◄votes.
4. The Commissionshall adopt measures which shall apply immedi-
ately, where they are in accordance with the Opinion of the Committee.
However, if these measures are not in accordance with the Opinion ofthe Committee or if the Committee does not give an Opinion, theCommissionshall forthwith submit a proposal to the Coun cilconcerning the measures to be taken. The Council shall adopt the
measures by a qualified majority.
If after fifteendays from the date onwhich it was in formed, the
Council has not adopted the measures, the Commission shall adopt the
proposed measures and shall implement them immediately, unless the
Council has decided against the said measures by a simple majority.
Article 11
Until Community provisions relating to importaion of fresh meat from
third countries are implemented, national provisions relating to freshmeat imported from those countries shall not be more favourable thanthose resulting from this Directive.
Article 12
The Member States shall bring into force the measures necessary to
comply with this Directive before 1 January 1974 and shall forthwith
inform the Commission thereof.
Article 13
Until►
M1130 June 1984 ◄, Ireland and the United Kingdom in
respect of NorthernIrelan d, shall be authorized to retainfor importsof fresh meat, their national rules relating to protection against foot-and-mouth disease while complying with the general provisions of theTreaty.
Article 13a
1. Member States which have availed themselves of the authoriza-
tionlaid downinDirective 80/218/EEC an d which are officially
swine fever-free may not oppose the introduction of fresh pigmeatinto their territory from another Member State if such meat has beenobtained from:
(i) pigs which satisfy the requirements of Article 4 c (1) of Directive
64/432/EEC; or,1972L0461 — EN — 21.12.1983 — 012.001 — 6
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(ii) unvaccinated pigs reared in officially swine fever-free holdings
situated ina part of a Member State's territory made up of a swin efever-free region or of several adjacent swine fever-free regions,
and slaughtered in that part of the territory,
and, where point (b) of the said Article 4 c (1) applies or where (ii)
above applies, the meat comes from pigs slaughtered inslaughter-houses in which vaccinated pigs have either not been slaughtered orhave beenslaughtered at a differen t time or ina separate place,provided that in the latter instances the meat is stored separately.
2. Acting unanimously on a proposal from the Commission, within
three months of the date on which the proposal was submitted to it,
the Council shall draw up the list of the Member States and parts ofterritories referred to inparagraph 1 (ii) which are swin e fever-free.
The status of the Member States and the parts of territories on this list
shall, without prejudice to the possibility of recourse to Article 8, besuspended by the Commission for a period of 15 days upon the occur-
rence of an outbreak or of several epizootiologically linked outbreaks
of swine fever within a geographically limited area.
A decisionmay be takenwithinthis period inaccordan ce with the
procedure provided for inArticle 9 either to recon firm or to withdrawthe status of the Member State or the part of the territory inquestion .
In the event of withdrawal, that status may not be granted afresh to the
Member State or the part of the territory inaccordan ce with the sameprocedure except after a period of:
— three months, if there has been no vaccination,
— six months, if there has.
Article 14
This Directive is addressed to the Member States.1972L0461 — EN — 21.12.1983 — 012.001 — 7
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ANNEX
Mark for meat intended for a use other than intra-Community trade in
freshmeat
1. The overstamping must be done in such a way that the oval stamp defined in
Annex I, Chapter IX No 40 of Directive 64/433/EEC is covered by a diag-
onal 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.
2. The marks mentioned in paragraph 1 may also be made with a single stamp
which will be an oval stamp 6 · 5 cm long and 4 · 5 cm broad; the following
information must appear on the mark in perfectly legible characters:
— on the upper part, the name of the exporting country in capitals,
— in the centre, the veterinary approval number of the slaughterhouse,— on the lower part, one of the following sets of initials: EEC — CEE —
EWG — EEG — EØF,
— two straight lines crossing the stamp diagonally, intersecting at right
angles at the centre of the stamp in such a way that the information is
not obscured.
The letters must be 0 · 8 cm high and the figures 1 cm high.The stamp may also carry information whereby the veterinarian who
inspected the meat may be identified.1972L0461 — EN — 21.12.1983 — 012.001 — 8