1972L0461 — EN — 30.10.1987 — 018.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M12Council Directive 84/336/EEC of 19 June 1984 L 177 22 4.7.1984
►M13Council Directive 84/643/EEC of 11 December 1984 L 339 27 27.12.1984
►M14Council Directive 85/322/EEC of 12 June 1985 L 168 41 28.6.1985
►M15Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M16Council Decision 87/231/EEC of 7 April 1987 L 99 18 11.4.1987
►M17Council Directive 87/64/EEC of 30 December 1986 L 34 52 5.2.1987
►M18Council Directive 87/489/EEC of 22 September 1987 L 280 28 3.10.1987
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 — 30.10.1987 — 018.001 — 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 — 30.10.1987 — 018.001 — 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 — 30.10.1987 — 018.001 — 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 stayed
in 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 thantwenty-one days old.
2. When a country of destination grants a general authorisation, in
accordance with paragraph 1, it shall immediately inform the MemberStates 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 fromthe entire territory of that State.
However, whenthe disease inquestionis Africanswin e fever, Article
8a shall apply.
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 Member
States and to the Commission together with the precise reasons for
such 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, or
abolished.
4. If the situationprovided for inparagraph 1 arises an d if it seems
necessary for other Member States also to apply the measures taken
pursuant to the said paragraph, together with any amendments made
in accordance with paragraph 3, the appropriate provisions shall beadopted 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 — 30.10.1987 — 018.001 — 5
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Article 8a
1. A Member State inwhose territory Africanswin e fever has been
recorded within the previous 12 months shall not export fresh pigmeatto the territory of the other Member States.
It may be decided, inaccordan ce with the procedure laid downin
Article 9, that the provisions of the first subparagraph shall not apply
to one or more parts of the territory of the Member State concerned.This derogation shall not preclude recourse to Article 6 should one ormore cases of Africanswin e fever reoccur inthe above part or parts ofterritory.
2. Where there is anoutbreak of Africanswin e fever inthe territory
of a Member State where the disease has not been recorded for at least
12 months, it may be decided, in accordance with the procedure laiddowninArticle 9, that the provision s of paragraph 1 shall apply exclu-sively to a part of territory concerned. Pending this decision, andwithout prejudice to Article 8, the Member State concerned shallensure the immediate prohibition of export to the other Member States
of fresh pigmeat from the part of territory inwhich the epizootic
disease has beenrecorded. The criteria laid downinArticle 8b (2) shallbe taken into account in determining that part of the territory.
One or more cases of African swine fever on a part of a Member
State's territory which is not geographically linked to the main part ofthat Member State's territory shall not prevent the application of the
first subparagraph.
The conditions prerequisite to the application of the first subparagraph
shall still be deemed to be fulfilled if the following conditions havebeenfulfilled:
(i) the outbreak or outbreaks recorded onthe occurren ce of African
swine fever referred to in the first sub-paragraph was or were
eradicated inthe shortest possible period of time;
(ii) the new outbreak, which forms the subject of a fresh request for a
decision, as provided for in the first subparagraph, is not connected
epidemiologically with the outbreak or outbreaks referred to in(i).
3. Decisions to lift measures applied under paragraph 2 shall be
takeninaccordan ce with the procedure laid downinArticle 9.
Article 8b
1. For the purposes of defining the parts of territory referred to in
Article 8a (1), particular account shall be taken of:
— the methods used to control and eradicate African swine fever,
— the absence of the disease for at least 12 months, recorded by all
the methods of detection, including serological surveys,
— the surface area of the parts of territory and their administrative and
geographical boundaries,
— the protective measures taken to prevent the contamination or re-
contamination of pig herds,
— the measures taken to control the movement of pigs.
2. For the purposes of defining the parts of territory referred to in
Article 8a (2), particular account shall be taken of:
— the methods used to combat the disease, inparticular the elimin a-
tion of pigs from holdings which are infected, contaminated orsuspected of contamination,
— the surface area of the parts of territory and their administrative and
geographical boundaries,
— the incidence of the disease and its tendency to spread,
— the measures taken to prevent the disease from spreading,
— the measures taken to restrict and control the movement of pigs
both inside and outside the part of territory concerned.1972L0461 — EN — 30.10.1987 — 018.001 — 6
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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 initiative
or 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 Chairmanshall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its Opinion onthe measures within two days. Opinions shall be delivered by amajority of ►
M15fifty-four ◄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, the
Commissionshall forthwith submit a proposal to the Coun cil
concerning the measures to be taken. The Council shall adopt themeasures 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 theproposed measures and shall implement them immediately, unless theCouncil 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 fresh
meat imported from those countries shall not be more favourable than
those 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.
However, so as to allow Ireland and the United Kingdom in respect of
Northern Ireland to substitute for the special arrangements which applyto them under Article 13, the general rules concerning foot-and-mouth
disease as set out in this Directive, the two Member States concerned
shall bring into force the necessary measures to comply therewith notlater than30 September 1985.
Article 13
Until►
M1231 December 1984 ◄, Ireland and the United Kingdom
inrespect 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.1972L0461 — EN — 30.10.1987 — 018.001 — 7
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Article 13a
1. Member States which are officially free of swine fever may not
oppose the entry into their territory of fresh pigmeat from another
Member State if such meat has beenobtain ed from:
(i) pigs which satisfy the requirements of ►M16Article 4b (1) ◄of
Directive 64/432/EEC; or,
(ii) unvaccinated pigs reared in officially swine fever-free holdings
situated ina part of a Member State's territory made up of a swin e
fever-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 ►M18in
slaughterhouses inwhich pigs which have beenvaccin ated inthepreceding 12 months ◄have either not been slaughtered or have
beenslaughtered at a differen t time or ina separate place, provided
that in the latter instances the meat is stored separately.
2.►
M18Acting by a qualified majority ◄ona proposal from the
Commission, within three months of the date on which the proposal isreferred to it, the Council shall draw up the list of the Member Statesand parts of territory referred to in paragraph 1 (ii) which are swine-
fever-free.
Without prejudice to the possibility of recourse to Article 8, the
Member States inquestionshall suspen d this status uponthe occur-rence of an outbreak of swine fever and shall forthwith inform theCommissionan d the other Member States thereof, The Member Stateconcerned shall lift the suspension either 30 days after the eradication
of the last outbreak of the disease if there has been no vaccination or
90 days after the eradicationof the last outbreak of the disease if therehas been a vaccination. It shall inform the Commission and the otherMember States of the end of the period of suspension. When twomonths have elapsed between the dates on which the first and lastoutbreaks were detected, the Member State concerned shall forthwith
inform the Commission thereof. In this case, the status may be with-
drawninaccordan ce with the procedure laid downinArticle 9.
In the event of withdrawal, the status may be granted afresh to the part
of territory inquestioninaccordan ce with the same procedure on lyafter a period of not less than:
— three months after the eradication of the last outbreak of the disease
if there has been no vaccination,
— six months after the eradication of the last outbreak of the disease if
there has been vaccination.
3. This Article shall be applicable until ►
M1831 December
1991◄.
By 1 July 1987 the Commissionshall submit to the Coun cil a report on
development in the situation with particular regard to trade, togetherwith appropriate proposals as regards swine fever.
The Council shall take a decision on these proposals not later than
►
M1831 December 1991 ◄.
Article 14
This Directive is addressed to the Member States.1972L0461 — EN — 30.10.1987 — 018.001 — 8
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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 — 30.10.1987 — 018.001 — 9