1989L0662 — EN — 13.12.1990 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B 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:
OfficialJournal
No page date
►M1 CouncilDirective 91/495/EEC of 27 November 1990 L 268 41 24.9.1991
Corrected by:
►C1 Corrigendum, OJ L 151, 15.6.1990, p. 40 (89/662)
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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 proposalfrom the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas the Community is to adopt measures designed to establish the
internalmarket progressivel y over a period expiring on 31 December1992;
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-Community trade in the products concerned; whereas in this respect thefree movement of agricul turalproducts is a fundamentalfeature of thecommon 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 carried
out at the place of dispatch only; whereas the attainment of this objec-tive implies the harmonization of the basic requirements relating to thesafeguarding of public health and animal health;
Whereas with a view to the completion of the internal market, pending
the attainment of this objective, the emphasis should be placed on thechecks 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’s internalfrontiers;
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 appropriatemanner;
Whereas in the State of destination spot veterinary checks could be
carried out at the place of destination; whereas, however, in the event ofa serious presumption of irregularity, the veterinary check could becarried out while the goods are in transit;
Whereas it is for the Member States to specify in a plan to be submitted
the manner in which they intend to carry out the checks and whereasthese plans should be the subject of Community approval;
Whereas provision must be made for the action to be taken where a
veterinary check discloses that the consignment is irregular; whereas insuch a situation three possible solutions may be singled out: the aim ofthe first would be to provide for the regularization of incorrect docu-ments, that of the second to avert any danger where it is found that therehas been an outbreak of an epizootic disease, any new serious and
(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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contagious disease or other cause likely to constitute a serious hazard to
animals or to human health, while the third would arise where the goodsdo not satisfy the requirements laid down for reasons other than thosereferred 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 restfirstly 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.
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-Communitytrade to veterinary requirements;
Whereas, however, with regard to certain epizootic diseases, different
health situations still prevail in the Member States and whereas, pendinga Community approach on the methods to combat these diseases, thequestion of checking intra-Community trade in livestock should for thetime being be left to one side and a documentary check should bepermitted 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 of theState of destination provided that the latter are in conformity withArticle 36 of the Treaty;
Whereas the provisions of existing Directives should be adapted to the
new rules laid down in this Directive;
Whereas these rules should be re-examined before the end of 1993;Whereas the Commission should be entrusted with the task of adopting
measures for applying this Directive; whereas, to that end, provisionshould be made for procedures establishing close and effective coopera-tion 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 products of animalorigin which are covered by the Directives l istedin Annex A or by Article 14 and which are intended for trade are nolonger carried out, without prejudice to Article 6, at frontiers but arecarried out in accordance with this Directive.
Article 2
For the purposes of this Directive:
1. ‘Veterinary check' means any physicalcheck and/or administrative
formality which applies to the products referred to in Article 1 andwhich is intended for the protection, direct or otherwise, of public oranimalheal th;
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 centralauthority of a Member State
competent to carry out veterinary checks or any authority to which ithas delegated that competence;
5. ‘officialveterinarian' means the veterinarian appointed by the
competent centralauthority of the Member State.
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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 certif-icate 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 authority shallcarry out regular checks on establishments in order to satisfy itself thatproducts intended for trade comply with Community requirements or, inthe cases referred to in paragraph 3 of this Article and Article 14, withthe requirements of the Member State of destination.
Where there are grounds for suspecting that requirements are not being
met, the competent authority shall carry out the necessary checks and, ifthe suspicion is confirmed, take the appropriate measures, which mayinclude withdrawing approval.
2. Where the transport operation involves several places of destina-
tion, products must be grouped together in as many batches as there areplaces of destination. Each batch must be accompanied by the afore-mentioned 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 super-vision up to the point of exit from Community territory.
3. Member States which make optionalimports from certain third
countries shall inform the Commission and the other Member States ofthe 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 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 for anotherMember 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 products obtained in accordance with the directives referred to in
Annex A are checked in the same way, from a veterinary viewpoint,whether they are intended for intra-Community trade or for thenationalmarket,
— the products covered by Annex B are not dispatched to the territory
of another Member State, if they cannot be marketed on their ownterritory for reasons justified by Article 36 of the Treaty.
2. Member States of dispatch shall take the appropriate adminis-
trative, l egalor penalmeasures to penal ize any infringement of veter-inary legislation by natural or legal persons where it is found thatCommunity rules have been infringed, in particular where it is foundthat the certificates or documents drawn up do not correspond to theactual state of the products or that public health stamps have beenaffixed to products which do not comply with those rules.
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CHAPTER II
Checks on arrival at the destination
Article 5
1. Member States of destination shall implement the following meas-
ures:
(a) The competent authority may, at the places of destination of goods,
check by means of non-discriminatory veterinary spot-checks thatthe requirements of Article 3 have been complied with; it may takesamples 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 checkson 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 documentstipulated by the rules of the country of destination, are admittedto that establishment,
— for an approved intermediary who divides up the batches or for
a commercialundertaking with many branches, or any establ ish-ment not subject to permanent supervision, the latter mustcheck, before the batch is divided, up or marketed, that the saidmarks, 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 tile 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 agreementwith the competent authority to be signed at the time of the priorregistration provided for in paragraph 3. The competent authorityshall carry out random checks to verify compliance with thoseguarantees.
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 generalprovisions of the Treaty, that theestablishment 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 tocarry out the checks referred to in paragraph 1;
(d) keep for a period of not less than six months to be specified by the
competent authority, the health certificates or documents referred toin Article 3 for presentation to the competent authority should thelatter so request.
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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 accompa-
nied by any proposals for amendments, shall re-examine this Articlewithin a period of three years from the implementation of this Directive.
Article 6
1. Member States shall ensure that during the checks carried out at
the places where products from a third country may be brought intoCommunity territory, such as ports, airports and frontier posts with thirdcountries, the following measures are taken:
(a) a documentary check is made on the products’ origin;
(b) where products are imported from third countries, they must be
sent, under customs supervision, to inspection posts in order thatveterinary checks may be carried out.
The products referred to in Annex A may not be given customs
clearance unless those checks have shown that they comply withCommunity rules.
The products referred to in Annex B and those which are the
subject of optionalimports in accordance with Articl e 3 (3) which,after having been brought into Community territory, are to be sentto the territory of another Member State, must:
— either undergo veterinary checks to show that they comply with
the rules of the Member State of destination,
— or, after a solely visual check to establish that the documents
and the products tally, be sent under customs supervision to theplace of destination where veterinary checks must be carriedout;
(c) products of Community origin shall be subject to the rules of
inspection laid down in Article 5.
2. However, as from 1 January 1993 and by way of derogation from
paragraph 1, all products transported by regular, direct means of trans-port linking two geographical points of the Community shall be subjectto 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 MemberState establish:
(a) the presence of agents responsible for a disease named in Directive
82/894/EEC (
1), as last amended by Commission Decision 89/
162/EEC (2), 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, except asregards animal-health aspects, in the case of products subject to oneof the treatments referred to in Article 4 of Directive 80/215/EEC (
3), as last amended by Directive 88/660/EEC (4), 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 authorities of the other MemberStates and the Commission by telex of the findings arrived at, thedecisions taken and the reasons for such decisions.
(1) OJ No L 378, 31. 12. 1987, p. 58.
(2) OJ No L 61, 4. 3. 1989, p. 48.
(3) OJ No L 47, 21. 2. 1980, p. 4.
(4) OJ No L 382, 31. 12. 1988, p. 35.
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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, inorder to dealwith situations not provided for by Community l egis-lation, adopt any measure necessary to arrive at a concertedapproach by the Member States;
(b) that the goods do not meet the conditions laid down by Community
directives, or, in the absence of decisions on the Community stan-dards provided for by the directives, by nationalstandards, theymay, provided that health and animal-health considerations sopermit, 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 documents are found to contain
irregularities, the consignor must be granted a period of grace beforerecourse is had to this last possibility.
2. In accordance with the procedure laid down in Article 18, the
Commission shall draw up a list of the agents and diseases referred to inparagraph 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 authoritiesof the Member State of dispatch without delay. The latter authoritiesshall take all necessary measures and notify the competent authority ofthe 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 authorities of the two Member States shalltogether seek ways and means of remedying the situation; if appropriatethis may involve an on-the-spot inspection.
Where the checks provided for in Article 7 show repeated irregularities,
the competent authority of the Member State of destination shall informthe Commission and the veterinary departments of the other MemberStates.
The Commission, at the request of the competent authority of the
Member State of destination or on its own initiative, and taking intoaccount the nature of the infringements established, may:
— send a mission of inspection to the establishment concerned, or
— instruct an officialveterinarian, whose name shal lbe on a l ist 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 dealwith repeated irregul arities on
the part of an establishment, the Commission shall charge any expensesoccasioned 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, intensify checks onproducts coming from the establishment in question, and if there areserious animal health or public health grounds, suspend approval.
The Member State of destination may, for its part, intensify checks on
products coming from the same establishment.
At the request of one of the two Member States concerned — where the
irregularities are confirmed by the expert’s opinion — the Commissionmust, in accordance with the procedure laid down in Article 17, take the
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appropriate measures, which may go as far as authorizing the Member
States to prohibit provisionally the bringing into their territory of prod-ucts 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 rules for the application of this Article shall be adopted in
accordance with the procedure set out in Article 18.
2. Rights of appealexisting under the l aws 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 consignor orhis representative and to the competent authority of the Member Stateof 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 ofappeal which are available to him under the law in force in the MemberState 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 soagree, within a maximum period of one month, submit the dispute forthe assessment of an expert whose name appears on a list ofCommunity experts to be drawn up by the Commission; the cost ofconsulting the expert shall be borne by the Community.
Such experts shall issue their opinions within not more than 72 hours.
The parties shall abide by the expert’s opinion, with due regard 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
Common provisions
Article 9
1. Each Member State shall immediately notify the other Member
States and the Commission of any outbreak in its territory, other than anoutbreak of diseases referred to in Directive 82/894/EEC, of anyzoonoses, diseases or other cause likely to constitute a serious hazard toanimals or to human health.
The Member State of origin shall immediately implement the control or
precautionary measures provided for in Community rules, in particularthe determination of the buffer zones provided for in those rules, oradopt 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 thediseases or causes referred to in the first subparagraph may, if neces-sary, take the precautionary measures provided for in Community rules.
Pending the measures to be taken in accordance with paragraph 4, the
Member State of destination may, on serious public or animal-healthgrounds, 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 subpara-
graph of paragraph 1 or on the initiative of the Commission, one ormore Commission representatives may go at once to the placeconcerned to examine, in collaboration with the competent authorities,what measures have been taken, and shall issue an opinion on thosemeasures.
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3. If the Commission has not been informed of the measures taken,
or if it considers the measures taken to be inadequate, it may, incollaboration with the Member State concerned and pending themeeting of the Standing Veterinary Committee, take interim protectivemeasures with regard to products from the region affected by theepizootic disease or from a given establishment. These measures shallbe 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 shall adoptthe necessary measures for the products referred to in Article 1 and, ifthe situation so requires, for the originating products or products derivedfrom those products in accordance with the procedure laid down inArticle 17. The Commission shall monitor the situation and, by thesame procedure, shall amend or repeal the decisions taken, dependingon 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 veterinary
departments, if appropriate in collaboration with the officials of otherdepartments empowered to that end, are able in particular to:
— carry out inspections of premises, offices, laboratories, installations,
means of transport, plant and equipment, cleaning and maintenanceproducts, procedures used for the production and processing ofproducts and the marking and labelling and presentation of thoseproducts,
— 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 materialrel evant 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):
(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.
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(i) Articles 5 (2), (3), (4) and (5) and Articles 6 and 8 are deleted;
(ii) in Article 8a, the references to Article 8 are replaced by a reference
to Article 9 of Directive 89/662/EEC.
4. Article 7 (3) and Articles 12 and 16 of Directive 77/99/EEC (1),
as last amended by Directive 89/227/EEC (2), is deleted.
5. In Directive 80/215/EEC:
(i) Article 5 (2), (3), (4) and (5) and Articles 6 and 7 are deleted;
(ii) in Article 7a, the references to Article 7 is replaced by a reference
to Article 9 of Directive 89/662/EEC.
6. Article 5 (3) and (4), and Article 7, 8 and 12 of Directive 85/
397/EEC (3), as amended by Regulation (EEC) No 3768/85 (4), 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 (
5) are deleted.
9. In Annex B to Directive 72/462/EEC (6), 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 19The Rules laid down in Directive 89/662/EEC (*) concerning veter-
inary checks applicable in intra-Community trade, with a view to thecompletion of the internal market, shall apply in particular to checksat origin, to the organization of and follow-up to the checks to becarried out by the Member State of destination, and to the protectivemeasures 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 15The 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 inparticular to checks at origin, to the organization of andfollow-up to the checks to be carried out by the Member State ofdestination, and to 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 24The 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 inparticular to checks at origin, to the organization of andfollow-up to the checks to be carried out by the Member State ofdestination, and to the protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13'
(1) OJ No L 26, 31. 1. 1977, p. 85.
(2) OJ No L 93, 6. 4. 1989, p. 25.
(3) OJ No L 226, 24. 8. 1985, p. 13.
(4) OJ No L 362, 31. 12. 1985, p. 8.
(5) OJ No L 212, 22. 7. 1989, p. 87.
(6) OJ No L 302, 31. 12. 1972, p. 28.
1989L0662 — EN — 13.12.1990 — 001.001 — 11
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4. The following Article shall be added to Directives 85/397/EEC
and 88/657/EEC:
‘Article 18The 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 inparticular to checks at origin, to the organization of andfollow-up to the checks to be carried out by the Member State ofdestination, 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 17The 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 inparticular to checks at origin, to the organization of andfollow-up to the checks to be carried out by the Member State ofdestination, and to the protective measures to be implemented.
(*) OJ No L 395, 30. 12. 1989, p. 13' .
Article 14
Until31 December 1992, trade in the products l isted 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 tradein the products 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 listedin Annex B before 31 December 1991.
Article 15
In Article 9 of Directive 64/432/EEC (
1), the following point is
inserted:
‘2a. One or more Commission representatives may, at the request of
a Member State or at the initiative of the Commission itself, goat once to the place concerned to examine, in cooperation withthe competent authorities, the measures taken and issue anopinion 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) aprogramme setting out the nationalmeasures to be taken to achievethe stated objective of this Directive, in particular the frequency ofchecks.
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 Committeewill have expressed its opinion on the recommendation in advance.This recommendation may be subject to later adaptations.
(1) OJ No 121, 29. 7. 1964, p. 1977/64.
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Article 17
1. Where the procedure laid down in this Article is to be used,
matters shall without delay be referred by the Chairman, either onhis own initiative or at the request of a Member State, to theStanding Veterinary Committee (hereinafter called the ‘Committee')set up by Decision 68/361/EEC (
1).
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. ►C1The
Committee shall deliver its opinion on the draft within two days. ◄
The opinion shall be delivered by the majority laid down in Article148 (2) of the Treaty in the case of decisions which the Councilisrequired to adopt on a proposalfrom the Commission. The votes ofthe representatives of the Member States within the Committee shallbe weighted in the manner set out in that Article. The Chairmanshall 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 Commis-sion shall, without delay, submit to the Council a proposal relating tothe measures to be taken.
The Council shall act by a qualified majority.If, on the expiry of a period of 15 days from the date of referralto
the Council, the Council has not acted, the Commission shall adoptthe proposed measures, save where the Councilhas decided againstthe said measures by a simple majority.
Article 18
1. Where the procedure laid down in this Article is to be used,
matters shall without delay be referred by the Chairman, either onhis own initiative or at the request of a Member State, to theStanding Veterinary Committee (hereinafter called ‘the Committee')set up by Decision 68/361/EEC.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which theChairman may lay down according to the urgency of the matter. Theopinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Councilisrequired to adopt on a proposalfrom the Commission. The votes ofthe representatives of the Member States within the Committee shallbe weighted in the manner set out in that Article. The Chairmanshall 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 Commis-sion shall, without delay, submit to the Council a proposal relating tothe measures to be taken.
The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of
referralto the Council , the Councilhas not acted, the Commissionshall adopt the proposed measures and implement them immediately,save where the Councilhas decided against the said measures by asimple majority.
(1) OJ No L 255, 18. 10. 1968, p. 23.
1989L0662 — EN — 13.12.1990 — 001.001 — 13
▼B
CHAPTER IV
Transitional and Final Provisions
Article 19
1. Before 31 December 1990 the Council shall act by a qualified
majority on the Commission proposalconcerning veterinary checks inintra-Community trade in live animals.
Before the date referred to in the first subparagraph, the Council,
acting by a qualified majority on a proposal from the Commission,shall decide on the rules and general principles applicable to checkson imports from third countries of products covered by thisDirective. In the same way, the check posts on the externalfrontiers,together with the requirements that these posts will have to satisfy,shall be fixed before that date.
2. Before 31 December 1992 the Councilshal lreview the provi-
sions of this Directive on the basis of a report from the Commissionon the experience gained, accompanied by any relevant proposals, onwhich it will decide by a qualified majority.
Article 20
Until31 December 1992 and in order to permit the gradualimpl e-
mentation of the checking arrangements laid down by this Directive,Member States may, by way of derogation from Article 5 (1):
— maintain documentary checks during transport on meat and on
products deriving therefrom, in order to ensure compliance withthe specific requirements laid down by Community rulesconcerning 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 laiddown in Article 20.
Article 22
The Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive ona date to be fixed in the decision to be taken before 31 December1990, in accordance with the second subparagraph of Article 19 (1),but not later than 31 December 1991.
However, the Hellenic Republic shall have a further period of one
year within which to comply therewith.
Article 23
This Directive is addressed to the Member States.
1989L0662 — EN — 13.12.1990 — 001.001 — 14
▼B
ANNEX A
Veterinary legislation
— Council Directive 64/433/EEC of 26 June 1964 on health problems
affecting intra-Community trade in fresh meat (OJ No 121, 29. 7. 1964, p.2012/64), 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), aslast 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),
— CouncilDirective 80/215/EEC of 22 January 1980 on animalheal th prob-
lems 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),
— CouncilDirective 85/397/EEC of 5 August 1985 on heal th and animal
health problems affecting intra-Community trade in heat-treated milk (OJNo L 226, 24. 8. 1985, p. 13), as last amended by Regulation (EEC) No3768/85 of 20. 12. 1985 (OJ No L 362, 31. 12. 1985, p. 8),
— CouncilDirective 88/657/EEC of 14 December 1988 l aying down the
requirements for the production of, and trade in, minced meat, meat inpieces of less than 100 grams and meat preparations (OJ No L 382, 31.12. 1988, p. 3) (
1),
— CouncilDirective 89/437/89 of 20 June 1989 on hygiene and heal th prob-
lems affecting the production and the placing on the market of egg prod-ucts (OJ No L 212, 22. 7. 1989, p. 87) (
1),
▼M1
— Council Directive 91/495/EEC of 27 November 1990 on public health and
animal health problems affecting the production and placing on the marketof 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.
1989L0662 — EN — 13.12.1990 — 001.001 — 15
▼B
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 animalorigin covered by Annex II to the Treaty:
▼M1
— wild game meat,
▼B
— 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,— offalof animalfats, greaves and by-products of rendering,— honey,— snails intended for human consumption,— frogs’ legs intended for human consumption.