1989L0662 — EN — 18.12.1990 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
aB 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)
(OJ L 395, 30.12.1989, p. 13)
Amended by:
Official Journal
No page date
aM1Council Directive 91/495/EEC of 27 November 1990 L 268 41 24.9.1991
aM2Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
Corrected by:
aC1Corrigendum, OJ L 151, 15.6.1990, p. 40 (89/662/EEC)
1989L0662 — EN — 18.12.1990 — 002.001 — 2
bB
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 Commit-
tee(3),
Whereas the Community is to adopt measures designed to establish
the internal market progressively over a period expiring on 31 Decem-
ber 1992;
Whereas the harmonious operation of the common organization of the
market in livestock products and products of animal origin implies thedismantling 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 rationaldevelopment of agricultural production and the optimum use of thefactors of production.
Whereas in the veterinary field frontiers are currently being used for
carrying out checks aimed at safeguarding public health and animalhealth;
Whereas the ultimate aim is to ensure that veterinary checks are car-
ried 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 publichealth and animal health;
Whereas with a view to the completion of the internal market, pend-
ing the attainment of this objective, the emphasis should be placed onthe 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 theCommunity'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 eventof 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 sub-
mitted the manner in which they intend to carry out the checks andwhereas 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 epizooticdisease, any new ser-
(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 — 18.12.1990 — 002.001 — 3
bB
ious and contagious disease or other cause likely to constitute a ser-
ious hazard to animals or to human health, while the third would arisewhere 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 con-
flicts 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 Commis-sion must be able to act speedily, in particular by way of on-the-spotvisits 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, pend-ing 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 ofharmonization and pending Community rules, goods that are not thesubject of harmonized rules should comply with the requirements ofthe 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 adopt-
ing measures for applying this Directive; whereas, to that end, provi-
sion should be made for procedures establishing close and effective
cooperation between the Commission and the Member States withinthe 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 tradeare no longer carried out, without prejudice to Article 6, at frontiersbut 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 andwhich is intended for the protection, direct or otherwise, of publicor 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 com-
petent central authority of the Member State.
1989L0662 — EN — 18.12.1990 — 002.001 — 4
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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 forthe destination in question and which are accompanied to the finalconsignee mentioned therein by a health certificate, animal-health cer-tificate or by any other document provided for by Community veterin-ary 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 authorityshall carry out regular checks on establishments in order to satisfyitself 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 destina-tion.
Where there are grounds for suspecting that requirements are not
being met, the competent authority shall carry out the necessarychecks and, if the suspicion is confirmed, take the appropriate mea-
sures, which may include withdrawing approval.
2. Where the transport operation involves several places of destina-
tion, products must be grouped together in as many batches as thereare places of destination. Each batch must be accompanied by theaforementioned 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 Statesof 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 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 stages
of the production, storage, marketing and transport of the productsreferred 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 view-
point, whether they are intended for intra-Community trade or forthe national market,
— the products covered by Annex B are not dispatched to the terri-
tory of another Member State, if they cannot be marketed on theirown 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 veterin-
ary legislation by natural or legal persons where it is found that Com-munity rules have been infringed, in particular where it is found thatthe certificates or documents drawn up do not correspond to the actualstate of the products or that public health stamps have been affixed toproducts which do not comply with those rules.
1989L0662 — EN — 18.12.1990 — 002.001 — 5
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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 informationleading 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 offi-
cial veterinarian, the latter must ensure that only products thatmeet the requirements of Article 3 (1) with respect to markingand accompanying documents or, in the case of the productsreferred to in Annex B, are accompanied by the document sti-
pulated 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
establishment not subject to permanent supervision, the lattermust check, before the batch is divided, up or marketed, thatthe said marks, certificate, or documents referred to in the firstindent 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 compe-tent authority shall carry out random checks to verify compliancewith 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 pro-vided 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 thenational rules of that Member State. The Member State of origin shallensure 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 documentsreferred to in Article 3 for presentation to the competent authorityshould the latter so request.
1989L0662 — EN — 18.12.1990 — 002.001 — 6
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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 Direc-
tive.
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 intothe territories, defined in Annex I to Directive 90/675/EEC(
1) such as
ports, airports and border inspection posts with third countries, the fol-lowing 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 oftransport 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 a Mem-ber State establish:
(a) the presence of agents responsible for a disease named in Direc-
tive 82/894/EEC(
2), as last amended by Commission Decision 89/
162/EEC(3), a zoonosis or disease, or any cause likely to consti-
tute a serious hazard to animals or humans, or that the productscome from an area infected by an epizootic disease, they shall,except as regards animal-health aspects, in the case of productssubject to one of the treatments referred to in Article 4 of Direc-
tive 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 laiddown 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 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 goods do not meet the conditions laid down by Commu-
nity directives, or, in the absence of decisions on the Communitystandards provided for by the directives, by national standards,
(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.bM2
bB
1989L0662 — EN — 18.12.1990 — 002.001 — 7
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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 coun-try 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 toin 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 authori-ties of the Member State of dispatch without delay. The latter authori-
ties shall take all necessary measures and notify the competent author-
ity 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 shalltogether seek ways and means of remedying the situation; if appropri-
ate this may involve an on-the-spot inspection.
Where the checks provided for in Article 7 show 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 foregoingsubparagraph 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 publichealth 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 Com-mission 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 ter-ritory of products coming from that establishment. These measuresmust be confirmed or reviewed as soon as possible in accordance withthe 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.
1989L0662 — EN — 18.12.1990 — 002.001 — 8
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2. Rights of appeal existing under the laws in force in the Member
States against decisions by the competent authorities shall not beaffected 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 consignoror 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 therights 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 afore-
mentioned 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 Commu-nity experts to be drawn up by the Commission; the cost of consultingthe 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 forCommunity veterinary legislation.
3. The costs of returning the consignment, storing the goods, put-
ting them to other uses or destroying them shall be borne by the con-signee.
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 thanan outbreak of diseases referred to in Directive 82/894/EEC, of anyzoonoses, 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 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 publicor 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 Com-
mission and to the other Member States without delay.
2. At the request of the Member State referred to in the first sub-
paragraph of paragraph 1 or on the initiative of the Commission, one
or more Commission representatives may go at once to the place con-
cerned 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 meetingof the Standing Veterinary Committee, take interim protective mea-sures with regard to products from the region affected by the epizootic
1989L0662 — EN — 18.12.1990 — 002.001 — 9
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disease or from a given establishment. These measures shall be sub-
mitted to the Standing Veterinary Committee as soon as possible to beconfirmed, 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 shalladopt the necessary measures for the products referred to in Article 1
and, if the situation so requires, for the originating products or pro-
ducts derived from those products in accordance with the procedurelaid down in Article 17. The Commission shall monitor the situationand, 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 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 veterin-
ary 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, installa-
tions, means of transport, plant and equipment, cleaning and main-
tenance products, procedures used for the production and proces-
sing of products and the marking and labelling and presentation ofthose 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.
3. In Directive 74/461/EEC(4) as last amended by Directive 87/
489/EEC(5):
(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 refer-
ence to Article 9 of Directive 89/662/EEC.
4. Article 7 (3) and Articles 12 and 16 of Directive 77/99/EEC(6),
as last amended by Directive 89/227/EEC(7), is deleted.
(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.
1989L0662 — EN — 18.12.1990 — 002.001 — 10
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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(1), as amended by Regulation (EEC) No 3768/85(2), 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(
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 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 parti-
cular to checks at origin, to the organization of and follow-up tothe 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 (*) concerning veter-
inary 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 thechecks to be carried out by the Member State of destination, andto the protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13.’
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 parti-
cular to checks at origin, to the organization of and follow-up tothe 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 parti-cular to checks at origin, to the organization of and follow-up to
(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.
1989L0662 — EN — 18.12.1990 — 002.001 — 11
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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 aview to the completion of the internal market, shall apply in parti-cular to checks at origin, to the organization of and follow-up tothe 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 therules on control laid down by this Directive, in particular those laiddown 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 theproducts referred to in the first subparagraph.
The Council, acting on a proposal from the Commission, shall deter-
mine 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 Commissionitself, go at once to the place concerned to examine, in coop-eration with the competent authorities, the measures takenand issue an opinion on those measures.’.
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 ofchecks for the following year; the Standing Veterinary Committee willhave expressed its opinion on the recommendation in advance. Thisrecommendation may be subject to later adaptations.
Article 17
1. Where the procedure laid down in this Article is to be used, mat-
ters shall without delay be referred by the Chairman, either on hisown 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).
2. The representative of the Commission shall submit to the Com-
mittee a draft of the measures to be taken. aC1The Committee shall
(1) OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ No L 255, 18. 10. 1968, p. 23.
1989L0662 — EN — 18.12.1990 — 002.001 — 12
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deliver its opinion on the draft within two days. cThe opinion shall
be delivered by the majority laid down in Article 148 (2) of theTreaty 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 themanner 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 mea-
sures 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 adoptthe proposed measures, save where the Council has decided againstthe said measures by a simple majority.
Article 18
1. Where the procedure laid down in this Article is to be used, mat-
ters shall without delay be referred by the Chairman, either on hisown initiative or at the request of a Member State, to the StandingVeterinary Committee (hereinafter called ‘the Committee’) set up by
Decision 68/361/EEC.
2. The representative of the Commission shall submit to the Com-
mittee a draft of the measures to be taken. The Committee shall deli-ver 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 theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representativesof the Member States within the Committee shall be weighted in themanner 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 mea-sures 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 adoptthe proposed measures and implement them immediately, save where
the Council has decided against the said measures by a simple major-
ity.
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 inintra-Community trade in live animals.
Before the date referred to in the first subparagraph, the Council, act-
ing by a qualified majority on a proposal from the Commission, shall
decide on the rules and general principles applicable to checks onimports from third countries of products covered by this Directive. Inthe same way, the check posts on the external frontiers, together withthe requirements that these posts will have to satisfy, shall be fixedbefore that date.
1989L0662 — EN — 18.12.1990 — 002.001 — 13
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2. Before 31 December 1992 the Council shall review the provi-
sions of this Directive on the basis of a report from the Commissionon 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 implemen-
tation 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 pro-
ducts 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 arrange-ments applicable on the expiry of the transitional provisions laid downin Article 20.
Article 22
The Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive on adate 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 HellenicRepublicshall have a further period of one
year within which to comply therewith.
Article 23
This Directive is addressed to the Member States.
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ANNEX A
Veterinary legislation
— Council Directive 64/433/EEC of 26 June 1964 on health problems affect-
ing intra-Community trade in fresh meat (OJ No 121, 29. 7. 1964, p. 2012/
64), as last 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 pro-
blems 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 pro-
blems affecting the production and the placing on the market of egg pro-
ducts (OJ No 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 third coun-
tries).
(1) As from 1 January 1992.bM1
1989L0662 — EN — 18.12.1990 — 002.001 — 15
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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,
— aquaculture products intended for human consumption,— fishery products intended for human consumption,— live bivalve molluscs intended for human consumption,
— 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.bM1
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