1989L0662 — EN — 05.06.2003 — 012.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of11December 1989
concerning veterinary checks in intra-Community trade with a view to the completion of the
internalmarket
(89/662/EEC)
(OJ L 395, 30.12.1989, p. 13)
Amended by:
Official Journal
No page date
►M1Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
►M2Council Directive 91/67/EEC of 28 January 1991 L 46 1 19.2.1991
►M3Council Directive 91/492/EEC of 15 July 1991 L 268 1 24.9.1991
►M4Council Direttive 91/493/EEC of 22 July 1991 L 268 15 24.9.1991
►M5Council Directive 91/494/EEC of 26 June 1991 L 268 35 24.9.1991
►M6Council Directive 91/495/EEC of 27 November 1990 L 268 41 24.9.1991
►M7Council Directive 91/496/EEC of 15 July 1991 L 268 56 24.9.1991
►M8Council Directive 92/45/EEC of 16 June 1992 L 268 35 14.9.1992
►M9Council Directive 92/46/EEC of 16 June 1992 L 268 1 14.9.1992
►M10Council Directive 92/67/EEC of 14 July 1992 L 268 73 14.9.1992
►M11Council Directive 92/118/EEC of 17 December 1992 L 62 49 15.3.1993
►M12Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Corrected by:
►C1Corrigendum, OJ L 151, 15.6.1990, p. 40 (89/662/EEC)
▼B
COUNCILDIRECTIVE
of11December 1989
concerning veterinary checks in intra-Community trade with a
viewtothecompletionoftheinternalmarket
(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 December1992;
Whereasthe harmoniousoperation of the common organization of the
market in lives tock productsand productsof animal origin impliesthedismantling of veterinary barriers to the development of intra-Commu-
nity trade in the productsconcerned; whereasin thisres pect the free
movement of agricultural productsisa fundamental feature of thecommon organization of marketsand s hould facilitate the rationaldevelopment of agricultural production and the optimum use of thefactorsof production.
Whereasin the veterinary field frontiersare currently being us ed for
carrying out checksaimed at s afeguarding public health and animalhealth;
Whereasthe ultimate aim isto ens ure that veterinary checksare carried
out at the place of dispatch only; whereas the attainment of this objec-tive impliesthe harmonization of the bas ic requirementsrelating to the
safeguarding of public health and animal health;
Whereaswith 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 thosethat could be carried out at the place of destination; whereas such asolution would entail the suspension of veterinary checks at theCommunity'sinternal frontiers ;
Whereas this solution implies increased confidence in the veterinary
checks carried out by the State of dispatch; whereas the latter mustensure 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 goodsare in trans it;
Whereasit isfor the Member Statesto s pecify 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; whereasin such a situation three possible solutions may be singled out: theaim of the first would be to provide for the regularization of incorrectdocuments, that of the second to avert any danger where it is foundthat there has been an outbreak of an epizootic disease, any new1989L0662 — EN — 05.06.2003 — 012.001 — 2
(1) OJ No C 225, 31. 8. 1988, p. 4.
(2) OJ No C 326, 19. 12. 1988, p. 28.
(3) OJ No L 56, 6. 3. 1989, p. 7.
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serious and contagious disease or other cause likely to constitute a
serious hazard to animals or to human health, while the third wouldarise 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 Commissionmust be able to act speedily, in particular by way of on-the-spot visitsand adopting measures appropriate to the situation.
Whereasin order to be effective, the ruleslaid down by thisDirective
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 methodsto combat thes ediseases, 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 currentstate of harmonization and pending Community rules, goods that arenot the subject of harmonized rules should comply with the require-mentsof the State of des tination 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 ruleslaid down in thisDirective;
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 coop-
eration between the Commission and the Member States within theStanding Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall ensure that the veterinary checks to be carried out
on productsof animal origin which are covered by the Directiveslis ted
in Annex A or by Article 14 and which are intended for trade are nolonger carried out, without prejudice to Article 6, at frontiersbut arecarried out in accordance with thisDirective.
Article 2
For the purposes of this Directive:
1. ‘Veterinary check’ means any physical check and/or administrative
formality which appliesto the productsreferred to in Article 1 andwhich isintended for the protection, direct or otherwis e, of public oranimal health;
2. ‘trade’ meanstrade between Member Statesin goodswithin 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’ meansthe central authority of a Member State
competent to carry out veterinary checksor any authority to which it
hasdelegated that competence;
5. ‘official veterinarian’ meansthe veterinarian appointed by the
competent central authority of the Member State.1989L0662 — EN — 05.06.2003 — 012.001 — 3
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CHAPTER I
Checksatorigin
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 rulesfor
the destination in question and which are accompanied to the finalconsignee mentioned therein by a health certificate, animal-health certi-ficate or by any other document provided for by Community veterinaryrules.
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 authorityshall carry out regular checks on establishments in order to satisfy itself
that productsintended for trade comply with Community requirements
or, in the cases referred to in paragraph 3 of this Article and Article 14,with the requirementsof the Member State of des tination.
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 mayinclude withdrawing approval.
2. Where the transport operation involves several places of destina-
tion, productsmus t be grouped together in asmany batchesasthere areplaces of destination. Each batch must be accompanied by the afore-
mentioned certificate or document.
Where the productsreferred to in Article 1 are intended for export to a
third country, the transport operation must remain under customs super-
vision up to the point of exit from Community territory.
3. Member Stateswhich make optional importsfrom certain third
countries shall inform the Commission and the other Member States
of the existence of such imports.
Where productsare brought into Community territory by a Member
State other than those referred to above, that Member State shall carryout a documentary check on the origin and destination of the goods inaccordance with Article 6 (1).
Member States of destination shall prohibit the products concerned
from being sent on from their territory unless they are bound foranother 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 stagesof the production, storage, marketing and transport of the productsreferred to in Article 1. In particular, they shall ensure that:
— the productsobtained in accordance with the directivesreferred to
in Annex A are checked in the same way, from a veterinary view-
point, whether they are intended for intra-Community trade or for
the national market,
— the productscovered by Annex B are not dis patched 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 administra-
tive, legal or penal measures to penalize any infringement of veterinary
legislation by natural or legal persons where it is found that Commu-nity ruleshave been infringed, in particular where it isfound that thecertificatesor documentsdrawn up do not corres pond to the actualstate of the products or that public health stamps have been affixed toproducts which do not comply with those rules.1989L0662 — EN — 05.06.2003 — 012.001 — 4
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CHAPTER II
Checksonarrival atthedestination
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 thatthe requirementsof Article 3 have been complied with; it maytake samples at the same time.
Furthermore, where the competent authority of the Member State
of transit or of the Member State of destination has informationleading it to suspect an infringement, checks may also be carriedout during the transport of goods in its territory, including checks
on compliance asregardsthe meansof trans port;
(b) where the productsreferred to in Article 1 originating in another
Member State are intended:
— for an establishment placed under the responsibility of an offi-
cial veterinarian, the latter must ensure that only products that
meet the requirementsof Article 3 (1) with res pect to marking
and accompanying documentsor, in the cas e of the productsreferred to in Annex B, are accompanied by the documentstipulated by the rules of the country of destination, areadmitted to that establishment,
— for an approved intermediary who dividesup the batchesor for
a commercial undertaking with many branches, or any estab-
lishment not subject to permanent supervision, the latter mustcheck, before the batch isdivided up or marketed, that the s aidmarks, certificate, or documents referred to in the first indentare present and notify the competent authority of any irregu-larity or anomaly,
— for other consignees, particularly where the batch is partially
unloaded during transport, the batch must be accompanied, inaccordance with Article 3 (1), by the original of the certificatereferred 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 agree-ment with the competent authority to be signed at the time of theprior 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 caseprovided 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 underthe national rulesof that Member State. The Member State of originshall ensure that the product in question comply with those require-ments.
3. Operatorswho have productsdelivered 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 tocarry out the checksreferred to in paragraph 1;
(d) keep for a period of not less than six months to be specified by the
competent authority, the health certificatesor documentsreferred toin Article 3 for presentation to the competent authority should thelatter so request.1989L0662 — EN — 05.06.2003 — 012.001 — 5
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4. The detailed rulesfor implementing thisArticle s hall 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 yearsfrom the implementation of thisDirec-
tive.
Article 6
1. Member States shall ensure that, during the checks carried out at
the placeswhere productsfrom a third country may be brought into theterritories, defined in Annex I to Directive 90/675/EEC (
1) such as
ports, airports and border inspection posts with third countries, thefollowing measures are taken:
(a) a documentary check ismade on the products ' origin;
(b) productsoriginating in the Community are s ubject to the ruleson
checksprovided for in Article 5;
(c) productsfrom third countriesare s ubject to the ruleslaid down in
Directive 90/675/EEC.
2. However, asfrom ►
M101 July 1992 ◄and by way of deroga-
tion from paragraph 1, all productstrans ported by regular, direct meansof transport linking two geographical points of the Community shall besubject 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 aMember 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 comefrom an area infected by an epizootic disease, they shall, exceptas regards animal-health aspects, in the case of products subject toone of the treatmentsreferred to in Article 4 of Directive 80/215/
EEC (
4), aslas t amended by Directive 88/660/EEC (5), order the
batch to be destroyed or used in any other way laid down byCommunity 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 authoritiesof the other MemberStates and the Commission by telex of the findings arrived at, thedecisions 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) that the goodsdo not meet the conditionslaid down by Community
directives, or, in the absence of decisions on the Community stan-dards provided for by the directives, by national standards, they1989L0662 — EN — 05.06.2003 — 012.001 — 6
(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.▼M1
▼B
▼B
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 countryof the establishment of origin.
However, if the certificate or the documentsare 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 toin paragraph 1, and detailed rulesfor the application of thisArticle.
Article 8
1. In the cases provided for in Article 7, the competent authority of
the Member State of destination shall contact the competent authoritiesof 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, thedecisions taken and the reasons for such decisions.
If the authority of the first Member State fears that such measures are
inadequate, the competent authoritiesof the two Member Statess halltogether seek ways and means of remedying the situation; if appro-
priate this may involve an on-the-spot inspection.
Where the checksprovided for in Article 7 s how repeated irregulari-
ties, the competent authority of the Member State of destination shallinform the Commission and the veterinary departments of the otherMember 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 MemberStates, and who is acceptable to the various parties concerned, tocheck 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 subpara-graph to the establishment involved.
Pending the Commission's findings, the Member State of dispatch
must, at the request of the Member State of destination, intensifychecks 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 irregularitiesare confirmed by the expert'sopinion — the Commis -sion must, in accordance with the procedure laid down in Article 17,
take the appropriate measures, which may go as far as authorizing the
Member Statesto prohibit provis ionally the bringing into their territoryof products coming from that establishment. These measures must beconfirmed or reviewed as soon as possible in accordance with theprocedure laid down in Article 17.
The general rulesfor the application of thisArticle s hall be adopted in
accordance with the procedure set out in Article 18.1989L0662 — EN — 05.06.2003 — 012.001 — 7
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2. Rightsof appeal exis ting under the lawsin force in the Member
States against decisions by the competent authorities shall not beaffected by thisDirective ►
M10, except in case covered by the
fourth subparagraph ◄.
Decisions taken by the competent authority of the State of destination
and the reasons for such decisions shall be notified to the consignor or
hisrepres entative 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 limitsapplicable.
However, in the event of a dispute, ►
M10 ◄the two
partiesconcerned may, if they s o agree, within a maximum period of
one month, submit the dispute for the assessment of an expert whosename appearson a lis t of Community expertsto be drawn up by theCommission; the cost of consulting the expert shall be borne by theCommunity.
Such experts shall issue their opinions within not more than 72 hours.
The partiess hall abide by the expert'sopinion, with due regard forCommunity 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
Commonprovisions
Article 9
1. Each Member State shall immediately notify the other Member
States and the Commission of any outbreak in its territory, other thanan outbreak of diseases referred to in Directive 82/894/EEC, of anyzoonoses, diseases or other cause likely to constitute a serious hazard
to animalsor to human health.
The Member State of origin 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 of
the diseases or causes referred to in the first subparagraph may, if
necessary, take the precautionary measures provided for in Communityrules.
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 tothe area of protection 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 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 thosemeasures.
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 productsfrom the region affected by the epizootic1989L0662 — EN — 05.06.2003 — 012.001 — 8
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disease or from a given establishment. These measures shall be
submitted to the Standing Veterinary Committee as soon as possibleto be confirmed, amended or cancelled in accordance with the proce-
dure 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 shalladopt 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 laiddown 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 rulesfor the application of thisArticle, and in particular
the list of zoonoses or causes likely to constitute a serious hazard tohuman health, shall be adopted in accordance with the procedure laiddown in Article 18.
Article 10
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 11
The Member States shall also ensure that the officials of their veter-
inary departments, if appropriate in collaboration with the officials of
other departmentsempowered to that end, are able in particular to:
— carry out inspections of premises, offices, laboratories, installations,
meansof trans port, plant and equipment, cleaning and maintenance
products, procedures used for the production and processing of
products and the marking and labelling and presentation of thoseproducts,
— carry out checkson whether s taff comply with the requirementslaid
down in the textsreferred 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 Articles10 and 11 of Directive 64/433/EEC (
1),
aslas t amended by Directive 88/657/EEC (2) are deleted.
2. Article 5 (3) and (4), and Articles9, 10 and 11 of Directive 71/
118/EEC (3) aslas t amended by Directive 88/657/EEC are deleted.
3. In Directive 74/461/EEC (4) aslas t amended by Directive 87/489/
EEC (5):
(i) Articles5 (2), (3), (4) and (5) and Articles6 and 8 are deleted;
(ii) in Article 8a, the referencesto Article 8 are replaced by a reference
to Article 9 of Directive 89/662/EEC.
4. Article 7 (3) and Articles12 and 16 of Directive 77/99/EEC (6),
aslas t amended by Directive 89/227/EEC (7), isdeleted.1989L0662 — EN — 05.06.2003 — 012.001 — 9
(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.
(4) OJ No L 302, 31. 12. 1972, p. 24.
(5) OJ No L 280, 3. 10. 1987, p. 28.
(6) OJ No L 26, 31. 1. 1977, p. 85.
(7) OJ No L 93, 6. 4. 1989, p. 25.
▼B
5. In Directive 80/215/EEC:
(i) Article 5 (2), (3), (4) and (5) and Articles6 and 7 are deleted;
(ii) in Article 7a, the referencesto Article 7 isreplaced 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 (1), asamended by Regulation (EEC) No 3768/85 (2), are deleted.
7. Article 10 (1) and (3) of Directive 88/657/EEC isdeleted.8. Articles8 and 9 of Directive 89/437/EEC (
3) are deleted.
9. In Annex B to Directive 72/462/EEC (4), the following shall be
added to the certificate: ‘Name and address of first consignee’.
Article 13
1. The following Article isadded to Directives64/433/EEC and 71/
118/EEC:
‘Article 19
The Ruleslaid down in Directive 89/662/EEC (*) concerning veter-
inary checksapplicable in intra-Community trade, with a view tothe completion of the internal market, shall apply in particular tochecksat 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 isadded to Directives72/461/EEC and 80/
215/EEC:
‘Article 15
The ruleslaid down in Directive 89/662/EEC (*) concerning veter-
inary checksapplicable in intra-Community trade, with a view tothe completion of the internal market, shall apply in particular tochecksat origin, to the organization of and follow-up to the checksto 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.’
3. The following Article isadded to Directive 77/99/EEC:
‘Article 24
The Ruleslaid down in Directive 89/662/EEC (*) concerning veter-
inary checksapplicable in intra-Community trade, with a view to
the completion of the internal market, shall apply in particular tochecksat origin, to the organization of and follow-up to the checksto be carried out by the Member State of destination, and to theprotective 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 Ruleslaid down in Directive 89/662/EEC (*) concerning veter-
inary checksapplicable in intra-Community trade, with a view to
the completion of the internal market, shall apply in particular tochecksat origin, to the organization of and follow-up to the checks1989L0662 — EN — 05.06.2003 — 012.001 — 10
(1) OJ No L 226, 24. 8. 1985, p. 13.
(2) OJ No L 362, 31. 12. 1985, p. 8.
(3) OJ No L 212, 22. 7. 1989, p. 87.
(4) OJ No L 302, 31. 12. 1972, p. 28.
▼B
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 isadded to Directive 88/437/EEC:
‘Article 17
The Ruleslaid down in Directive 89/662/EEC (*) concerning veter-
inary checksapplicable in intra-Community trade, with a view tothe completion of the internal market, shall apply in particular to
checksat origin, to the organization of and follow-up to the checks
to be carried out by the Member State of destination, and to theprotective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13’.
Article 14
►
M10 ◄Trade in the products listed in Annex B shall,
pending the adoption of Community rules, be subject to the rules oncontrol laid down by thisDirective, in particular thos e laid down inArticle 5 (2).
Member States shall notify the Commission and the other Member
Statesof the conditionsand proceduresapplicable to trade in the
products referred to in the first subparagraph.
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 cooperationwith the competent authorities, the measures taken and issuean opinion on those measures.’.
Article 16
1. Member States shall submit to the Commission, in harmonized
form, basic information on veterinary checks carried out under this
Directive.
2. The Commission shall examine the information referred to in
paragraph 1 within the Standing Veterinary Committee, it may, inaccordance with the procedure laid down in Article 18, adopt suitable
measures.
3. Detailed rulesfor the application of thisArticle, in particular with
regard to frequency of communication of information, the form inwhich it isto be given and itsnature, s hall be drawn up in accordancewith the procedure laid down in Article 18.
Article 17
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health set up pursuant to Article 58 ofRegulation (EC) No 178/2002 (
2).
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (3) shall apply.1989L0662 — EN — 05.06.2003 — 012.001 — 11
(1) OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ L 31, 1.2.2002, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.▼M10
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The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at 15 days.
3. The Committee shall adopt its Rules of Procedure.
Article 18
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health.
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
CHAPTER IV
TransitionalandFinalProvisions
Article 19
2. Before ►M731 December 1996 ◄the Council shall review the
provisions of this Directive on the basis of a report from the Commis-
sion on the experience gained, accompanied by any relevant proposals,on which it will decide by a qualified majority.
Article 20
With a view to the progressive implementation of the checking
arrangementsprovided for by thisDirective, Member Statesmay, until31 December 1992, carry out, during transport:
— a documentary check on the productsreferred to in Annex A and B
or on productsimported from third countries ,
— sample veterinary checks of a non-discriminatory nature on the
productsreferred to in Annex B.
Article 22
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive on 1 July
1992.
Article 23
This Directive is addressed to the Member States.1989L0662 — EN — 05.06.2003 — 012.001 — 12
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ANNEX A
VETERINARYLEGISLATION
CHAPTERI
— Council Directive 64/433/EEC of 26 June 1964 on health problemsaffecting
intra-Community trade in fresh meat (OJ No 121, 29. 7. 1964, p. 2012/64).
— 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).
— 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).
— 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).
— Council Directive 80/215/EEC of 22 January 1980 on animal health
problemsaffecting intra-Community trade in meat products(OJ No L 47,
21. 2. 1980, p. 4).
— Council Directive 88/657/EEC of 14 December 1988 laying down the
requirementsfor the production of, and trade in, minced meat, meat in
piecesof les sthan 100 gramsand meat preparations(OJ No L 382, 31. 12.
1988, p. 3).
— Council Directive 89/437/EEC of 20 June 1989 on hygiene and health
problemsaffecting the production and the placing on the market of egg
products(OJ No L 212, 22. 7. 1989, p. 87).
— Council Directive 91/67/EEC of 28 January 1991 concerning the animal
health conditionsgoverning the placing on the market of aquaculture
animalsand products(OJ No L 46, 19. 2. 1991, p. 1).
— Council Directive 91/492/EEC of 15 July 1991 laying down the health
conditionsfor the production and the 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
conditionsfor the production and the placing on the market of fis hery
products(OJ No L 268, 24. 9. 1991, p. 15).
— Council Directive 91/494/EEC of 26 June 1991 on animal health conditions
governing intra-Community trade in and importsfrom third countriesof
fresh poultrymeat (OJ No L 268, 24. 9. 1991, p. 35).
— Council Directive 91/495/EEC of 27 November 1991 concerning public
health and animal health problemsaffecting the production and placing on
the market of rabbit meat and farmed game meat (OJ No L 268, 24. 9.
1991, p. 41).
— Council Directive 92/45/EEC of 16 June 1992 on public health and animal
health problemsrelating to the killing of wild game and the placing on the
market of wild-game meat (OJ No L 268, 14. 9. 1992, p. 35).
— Council Directive 92/46/EEC of 16 June 1992 laying down the health rules
for the production and placing on the market of raw milk, heat-treated milk
and milk-based products (OJ No L 268, 14. 9. 1992, p. 1).
CHAPTERII
— Council Directive 92/118/EEC of 17 December 1992 laying down animal
health and public health requirementsgoverning trade in and importsinto
the Community of products not subject to the said requirements laid down
in specific Community rules referred to in Annex A (I) to Directive 89/
662/EEC and, asregardspathogens , to Directive 90/425/EEC (with the
exception of pathogens).1989L0662 — EN — 05.06.2003 — 012.001 — 13
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ANNEX B
PRODUCTS NOT SUBJECT TO COMMUNITY HARMONIZATION,
BUT TRADE IN WHICH WOULD BE SUBJECT TO THE CHECKS
PROVIDEDFORBYTHISDIRECTIVE
Other productsof animal origin included neither in Annex B to thisDirective
nor in the Annex to Directive 90/425/EEC: these products will be defined under
the procedure laid down in Article 18.1989L0662 — EN — 05.06.2003 — 012.001 — 14