1990L0425 — EN — 06.01.1993 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of26June1990
concerningveterinaryandzootechnicalchecksapplicableinintra-Communitytradeincertainlive
animalsandproductswithaviewtothecompletionoftheinternalmarket
(90/425/EEC)
(OJ L 224, 18.8.1990, p. 29)
Amended by:
Official Journal
No page date
►M1Council Directive 90/539/EEC of 15 October 1990 L 303 6 31.10.1990
►M2Council Directive 90/667/EEC of 27 November 1990 L 363 51 27.12.1990
►M3Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
►M4Council Directive 91/68/EEC of 28 January 1991 L 46 19 19.2.1991
►M5Council Directive 91/174/EEC of 25 March 1991 L 85 37 5.4.1991
►M6Council Directive 91/496/EEC of 15 July 1991 L 268 56 24.9.1991
►M7Council Directive 91/628/EEC of 19 November 1991 L 340 17 11.12.1991
►M8Council Directive 92/60/EEC of 30 June 1992 L 268 75 14.9.1992
►M9Council Directive 92/65/EEC of 13 July 1992 L 268 54 14.9.1992
►M10Council Directive 92/118/EEC of 17 December 1992 L 62 49 15.3.1993
▼B
COUNCILDIRECTIVE
of26June1990
concerning veterinary and zootechnical checks applicable in intra-
Communitytrade incertain live animalsandproductswithaview
tothecompletionoftheinternalmarket
(90/425/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the Community is to adopt measures designed to establish the
internal market progressively over a period expiring on 31 December
1992;
Whereasthe harmoniousoperation of the common organization of the
market in animalsand productsof animal origin impliesthe dis man-tling of zootechnical and veterinary barriersto the development ofintra-Community trade in the animalsand productsconcerned;whereas, in this respect, the free movement of animals and agricultural
productsisa fundamental feature of the common organization of
marketsand s hould facilitate the rational development of agriculturalproduction and the optimum use of the factors of production;
Whereas, in the veterinary field, frontiers are currently being used for
carrying out checksaimed at s afeguarding public health and animalhealth;
Whereasthe ultimate aim isto ens ure that veterinary checksare carried
out at the place of dispatch only; whereas the attainment of this objec-
tive impliesthe harmonization of the bas ic requirementsrelating to thesafeguarding of animal health;
Whereas, with a view to the completion of the internal market, pending
the attainment of this objective, emphasis should be placed on thechecks 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'sinternal frontiersand whereas , in thiscontext, there isgood reason for retaining a health certificate or an identification docu-ment, asprovided for in Community rules ;
Whereas this solution implies increased confidence in the veterinary
checks carried out by the State of dispatch, in particular by the setting
up of a system for the rapid exchange of information; whereas thedispatching Member State must ensure that such veterinary checks arecarried out in an appropriate manner;
Whereas, in the State of destination, spot veterinary checks could be
carried out at the place of destination; whereas, however, in the event
of a serious presumption of irregularity, the veterinary check could be
carried out while the animalsand productsare in trans it and whereasitis possible to continue to provide for the placing into quarantine inareaswhich have not been harmonized;
Whereas provision must be made for action to be taken where a veter-
inary check discloses that the consignment is irregular;1990L0425 — EN — 06.01.1993 — 010.001 — 2
(1) OJ No C 225, 31. 8. 1988, p. 4.
(2) OJ No C 326, 19. 12. 1988, p. 28.
(3) OJ No C 56, 6. 3. 1989, p. 20.
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Whereas provision should be made for a procedure for resolving
conflicts which could arise concerning consignments from a holding,centre or organization;
Whereas provision must be made for protective measures; whereas in
this area, especially for reasons of effectiveness, responsibility must
rest firstly with the Member State of dispatch; whereas the Commissionmust be able to act speedily, in particular by way of on-the-spot visitsand adopting measures appropriate to the situation;
Whereasin order to be effective, the ruleslaid down by thisDirective
should cover all animals and products that are subject, in intra-Commu-nity trade, to veterinary requirements;
Whereas, however, in view of the current state of harmonization and
pending Community rules, animals and products that are not the
subject of harmonized rules should comply with the requirements of
the State of destination provided that the latter are in conformity withArticle 36 of the Treaty;
Whereasthe abovementioned ruless hould be applied to zootechnical
checks;
Whereas the provisions of existing Directives should be adapted to the
new ruleslaid down in thisDirective;
Whereas these rules should be re-examined before the end of 1993;Whereas the Commission should be entrusted with the task of adopting
measures for applying this Directive; whereas, to that end, provisionshould be made for procedures establishing close and effective coop-eration between the Commission and the Member States within theStanding Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall ensure that the veterinary checks to be carried out
on live animalsand productswhich are covered by the Directiveslis tedin Annex A or on those referred to in the first paragraph of Article 21and which are intended for trade are no longer carried out, without
prejudice to Article 7, at frontiersbut are carried out in accordance
with thisDirective.
Member States shall further ensure that checks on zootechnical docu-
mentsare s ubject to the control ruleslaid down by thisDirective.
This Directive shall not affect checks carried out as part of tasks
conducted in a non-discriminatory manner by authorities responsiblefor the general application of lawsin a Member State.
ThisDirective s hall not apply to veterinary checkson movements
between Member Statesof petsaccompanied by and under the res pon-sibility of a natural person, where such movements are not the subject
of a commercial transaction.
Article 2
For the purposes of this Directive:1. ‘veterinary check’ shall mean any physical check and/or administra-
tive formality which appliesto the animalsor productsreferred to inArticle 1 and which isintended for the protection, direct or other-
wise, of public or animal health;
2. ‘zootechnical check’ shall mean any physical and/or administrative
formality which appliesto the animalscovered by the Directivesmentioned in section II of Annex A and which is intended for thedirect or indirect improvement of the breeds;1990L0425 — EN — 06.01.1993 — 010.001 — 3
▼M7
▼M8
▼B
▼B
3. ‘trade’ shall mean trade between Member States within the meaning
of Article 9 (2) of the Treaty;
4. ‘holding’ shall mean an agricultural establishment or premises of a
dealer, asdefined by the national rulesin force, s ituated in the terri-
tory of a Member State and in which the animalsreferred to inAnnexesA and B, with the exception of equidae, are held or regu-larly kept and the holding asdefined in Article 2 (a) of CouncilDirective 90/426/EEC of 26 June 1990 on animal health conditionsgoverning the movement and import from third countriesof live
equidae (
1);
5. ‘centre or organization’ shall mean any undertaking which produces,
stores, processes or handles the products referred to in Article 1;
6. ‘competent authority’ shall mean the central authority of a Member
State competent to carry out veterinary or zootechnical checksorany authority to which it hasdelegated that competence;
7. ‘official veterinarian’ shall mean the veterinarian appointed by the
competent authority.
CHAPTER I
Checksatorigin
Article 3
1. Member States shall ensure that only the animals and products
referred to in Article 1 that fulfil the following conditionsmay be thesubject of trade:
(a) the animals and products referred to in Annex A must satisfy the
requirements of the relevant Directives listed in the said Annexand the animalsand productsreferred to in Annex B mus t fulfilthe animal health requirementsof the Member State of des tination;
(b) they must come from holdings, centres or organizations which are
subject to regular official veterinary checks in accordance with
paragraph 3;
(c) they must, on the one hand, be identified in accordance with the
requirementsof Community rulesand, on the other hand, be regis -tered in such a way that the original or transit holding, centre ororganization can be traced; national identification or registrationsystems must be notified to the Commission within three months
of the date of notification of thisDirective.
Before 1 January 1993, Member Statesmus t take appropriate
measures to guarantee that the identification and registrationsystems applicable to intra-Community trade are extended to themovement of animalswithin their territory;
(d) they must, when transported, be accompanied by health certificates
and/or any other documentsasprovided for in the Directives
referred to in Annex A and, for the other animalsand products ,
by the rulesof the Member State of des tination;
Those certificates or documents, issued by the official veterinarian
responsible for the holding, centre or organization of origin and, inthe case of documents required by the zootechnical legislationreferred to in section II of Annex A, by the competent authority,
must accompany the animal, animals and products to its/their desti-
nation(s);
(e) susceptible animals, or products of susceptible animals, must not
originate:
(i) from holdings, centres or organizations, areas or regions which
are subject to restrictions determined in accordance withCommunity rules, where applicable, for the animals concernedor products from the animals concerned because of the suspi-1990L0425 — EN — 06.01.1993 — 010.001 — 4
(1) See page 42 of thisOfficial Journal.
▼B
cion, outbreak or existence of a disease referred to in Annex C
or because of the application of safeguard measures;
(ii) from a holding, centre, organization, area or region which is
the subject of official restrictions because of the suspicion,outbreak or existence of a disease other than those referred toin Annex C or of the application of safeguard measures;
(iii) in cases where they are intended for holdings, centres or orga-
nizationss ituated in the Member Stateswhich have obtained
the guaranteespurs uant to Article 9 of Directive 64/432/EECor other equivalent Community ruleswhich have been or willbe adopted or in a State recognized, by Community legisla-tion, as free, in all or part of its territory, of a disease, from aholding which doesnot provide the guaranteeswhich may be
required by that Member State with respect to diseases other
than those listed in Annex C;
(iv) when they are intended for a Member State or part of the terri-
tory of a Member State which hasbenefited from theadditional guaranteespurs uant to Article 9 of Directive 64/
432/EEC or other equivalent Community ruleswhich have
been or will be adopted, from a holding, centre or organizationand, should the case arise, from a part of the territory whichdoesnot offer the additional guaranteesprovided for.
The competent authority of the country of origin shall ensure,
before issuing the certificate or accompanying document, that
the holdings, centres or organizations comply with the require-
mentsprovided for in thispoint;
(f) where the transport operation involves several places of destination,
animalsand productsmus t be grouped together in asmanyconsignments as there are places of destination. Each consignmentmust be accompanied by the certificates and/or documents referredto in (d);
(g) where animalsand productscovered by the Directivesreferred to
in Annex A which comply with Community rulesare intended for
export to a third country through the territory of another Member
State, the transport operation must — except in cases of urgentneed duly authorized by the competent authority in order to ensurethe welfare of the animals — remain under customs supervision upto the point of exit from Community territory, in accordance with
detailed arrangements to be drawn up by the Commission, acting
under the procedure laid down in Article 18 or, where appropriate,in Article 19.
Moreover, in the cases of animals and products not complying with
Community rulesor animalsand productsreferred to in Annex B,transit may take place only if it has been expressly authorized bythe competent authority of the Member State of transit.
2. Member States shall also ensure that:
— the animalsand productsreferred to in Article 1 which might have
to be slaughtered under a national programme for the eradication ofdiseases not referred to in Annex C are not dispatched to the terri-tory of another Member State;
— the animalsand productsreferred to in Annex A or the animalsand
productsreferred to in Annex B are not dis patched to the territory
of another Member State if they cannot be marketed on their ownterritory for health or animal health reasons justified by Article 36of the Treaty.
3. Without prejudice to the monitoring duties assigned to the official
veterinarian under Community legislation, the competent authorityshall carry out checks on holdings, approved markets and assemblycentres, centres or organizations in order to satisfy itself that animalsand productsintended for trade comply with Community requirementsand in particular fulfil the conditionslaid down in paragraph 1 (c) and
(d) with regard to identification.
Where there are grounds for suspecting that Community requirements
are not being met, the competent authority shall carry out the necessarychecks and, if the suspicion is confirmed, take the appropriate1990L0425 — EN — 06.01.1993 — 010.001 — 5
▼B
measures, which may include isolation of the holding, centre or organi-
zation concerned.
4. Under the procedure laid down in Article 18 or, where appro-
priate, in Article 19, the Commission may adopt detailed rules for theapplication of thisArticle, in particular to take account of the s peciesconcerned.
Article 4
1. Member States of dispatch shall take the necessary measures to
ensure that:
(a) the holdersof lives tock and productsreferred to in Article 1
comply with the national or Community health or zootechnical
requirementsreferred to in thisDirective at all s tagesof production
and marketing;
(b) the animalsand productsreferred to in Annex A are checked at
leas t ascarefully, from a veterinary viewpoint, asif they wereintended for the national market, unless specifically provided other-wise by Community rules;
(c) animals are transported in suitable means of transport which satisfy
hygiene rules.
2. The competent authority of the Member State of origin which
issued the certificate or document accompanying the animals andproducts shall communicate, on the day on which they were issuedand by means of the computerized system provided for in Article 20,
to the central competent authority of the Member State of destination
and to the competent authority of the place of destination, data to bedetermined by the Commission, according to the procedure providedfor in Article 18.
3. Member States of dispatch shall take the appropriate measures to
penalize any infringement of veterinary or zootechnical legislation bynatural or legal persons where it is found that Community rules havebeen infringed, and in particular where it isfound that certificates ,documents or identification marks do not correspond to the status of
the animalsor to their holdingsof origin or to the actual characteris tics
of the products.
CHAPTER II
Checksonarrival atdestination
Article 5
1. Member States of destination shall implement the following
inspection measures:
(a) the competent authority may, at the placesof des tination of animals
and products, establish by means of non-discriminatory veterinaryspot checks that the requirements of Article 3 have been compliedwith; it may take samples at the same time.
Furthermore, checks may also be carried out during the transport of
animalsand productsin itsterritory where the competent authority
of the Member State of transit or of the Member State of destina-tion has information leading it to suspect an infringement;
(b) furthermore, where the animalsreferred to in Article 1 and origi-
nating in another State are intended:
(i) for an approved market or assembly centre as defined by
Community rules, the operator thereof shall be responsiblefor the admission of animals not meeting the requirements of
Article 3 (1).
The competent authority must check, by means of non-discri-
minatory inspections of the certificates or documentsaccompanying the animals, that the animals meet the saidrequirements;1990L0425 — EN — 06.01.1993 — 010.001 — 6
▼B
(ii) for a slaughterhouse placed under the supervision of an official
veterinarian, the latter must ensure, in particular on the basisof the certificate or accompanying document, that only
animalsthat meet the requirementsof Article 3 (1) are s laugh-
tered.
The operator of the slaughterhouse shall be responsible for
slaughtering animals which do not meet the requirements ofArticle 3 (1) (c) and (d);
(iii) for a registered dealer who divides up the consignments or for
any establishment not subject to permanent supervision, suchdealer or establishment shall be regarded by the competentauthority asthe cons ignee of the animalsand the conditionslaid down in the second subparagraph shall apply;
(iv) for holdings, centres or organizations including, where the
consignment is partly unloaded during transport, each animalor group of animalsmus t be accompanied, in accordance
with Article 3 by the original of the health certificate or
accompanying document until it reachesthe cons igneementioned therein.
The consignees referred to in points (iii) and (iv) of the first
subparagraph must, before the consignment is divided up or subse-
quently marketed, check that the identification marks, certificates
or documentsreferred to in Article 3 (1) (c) and (d) are pres ent,notify the competent authority of any irregularity or anomaly and,in the latter case, isolate the animals in question until the compe-tent authority hastaken a decis ion regarding them.
The guarantees which must be furnished by the consignees referred
to in points (iii) and (iv) of the first subparagraph shall be specifiedin an agreement with the competent authority to be signed at thetime of the prior registration provided for in Article 12. Thecompetent authority shall carry out random checks to verifycompliance with those guarantees.
Thispoint s hall apply mutatis mutandis to consignees of the
productsreferred to in Article 1.
2. All the consignees appearing on the certificate or document
provided for in Article 3 (1) (d):
(a) must, at the request of the competent authority of the Member State
of destination and to the extent necessary to carry out the checksreferred to in paragraph 1, report in advance the arrival of animals
and productsfrom another Member State and, in particular, the
nature of the consignment and the anticipated arrival date.
However, the time limit for notification shall as a general rule not
be more than one day; nevertheless, in exceptional circumstances,Member Statesmay require two days ' advance notification.
This notification is not required for registered horses bearing an
identification document provided for by Directive 90/427/EEC;
(b) shall keep for a period of not less than six months, to be specified
by the competent authority, the health certificatesor documents
referred to in Article 3 for presentation to the competent authority
should the latter so request.
3. The detailed rulesfor implementing thisArticle s hall be adopted
in accordance with the procedure laid down in Article 18 or, whereappropriate, in Article 19.
Article 6
1. Where Community rulesor, in areaswhich have not yet been
harmonized, national provisions which comply with the general rulesof the Treaty require that live animalsbe put into quarantine, the lattershall normally take place at the holding of destination.
2. A quarantine station may be used if this is justified from a veter-
inary viewpoint. Such station shall be regarded as the place ofdestination of the consignment. The Member State concerned shall1990L0425 — EN — 06.01.1993 — 010.001 — 7
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notify the Commission of the grounds on which such action is being
taken.
3. Obligationsrelating to quarantine and the location of the latter
shall be specified in the veterinary requirements referred to in thesecond subparagraph of Article 21.
Article 7
1. Member States shall ensure that, during checks carried out at the
placeswhere animalsand productsreferred to in Annex I from a thirdcountry may be brought into the territoriesdefined in Annex I to Direc-tive 90/675/EEC, such as ports, airports and border inspection posts
with third countries, the following measures are taken:
(a) certificatesor documentsaccompanying the animalsand products
are checked;
(b) Community animals and products shall be subject to the control
ruleslaid down in Article 5;
(c) products from third countries shall be subject to the rules laid down
in Directive 90/675/EEC;
(d) animals from third countries shall be subject to the rules laid down
in Directive 91/496/EEC.
2. However, asfrom ►
M81 July 1992 ◄and by way of deroga-
tion from paragraph 1, all animalsor productstrans ported by meansoftransport providing a regular and direct link between two geographicalpoints of the Community shall be subject to the rules for control
provided for in Article 5.
Article 8
1. If, during a check carried out at the place of destination of a
consignment or during transport, the competent authorities of a
Member State establish:
(a) the presence of agents responsible for a disease referred to in
Directive 82/894/EEC (
1), as last amended by Commission Deci-
sion 90/134/EEC (2), a zoonosis or disease, or any cause likely to
constitute a serious hazard to animals or humans, or that the
products come from a region contaminated by an epizootic disease,they shall order that the animal or consignment of animals be putin quarantine at the nearest quarantine station or slaughtered and/ordestroyed.
Costs relating to the measures provided for in the first subpara-
graph shall be borne by the consignor or his representative or theperson responsible for the products or animals.
The competent authorities of the Member State of destination shall
immediately notify the competent authoritiesof the other MemberStates and the Commission in writing, by the most appropriate
means, of the findings arrived at, the decisions taken and the
reasons for such decisions.
The protective measures provided for in Article 10 may be applied.
At a Member State'sreques t and in accordance with the procedure
laid down in Article 17, the Commission may, moreover, adopt any
measure necessary for achieving a concerted approach by the
Member Statesto deal with s ituationsnot covered by Communityrules;
(b) that, without prejudice to point (a), the animalsand productsdo not
meet the conditionslaid down by Community Directivesor, wherethe Member State obtainsthe guaranteespurs uant to Article 9 of1990L0425 — EN — 06.01.1993 — 010.001 — 8
(1) OJ No L 378, 31. 12. 1982, p. 58.
(2) OJ No L 76, 22. 3. 1990, p. 23.▼M6
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Directive 64/432/EEC or equivalent Community ruleswhich have
been or will be adopted, by national animal health rules, theymay, provided that public or animal health considerations so
permit, give the consignor or his representative the choice of:
— maintenance of the animals and products under supervision
until compliance with rulesisconfirmed where res iduesarepresent, and, in the event of failure to comply with those rules,application of the measures provided for by Community legisla-tion,
— slaughtering of the animals or the destruction of the products,
— return of the animal or consignment, with the authorization of
the competent authority of the Member State of dispatch and
prior notification of the Member State(s) of transit.
However, if the certificate or documentsare found to contain irre-
gularities, the owner or his representative must be granted a periodof 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 diseases referred to in para-graph 1 and detailed rulesfor the application of thisArticle.
Article 9
1. In the cases provided for in Article 8, the competent authority of
the Member State of destination shall contact the competent authoritiesof the Member State of dispatch without delay. The latter authorities
shall take all necessary measures and notify the competent authority
of the first Member State of the nature of the checks carried out, thedecisions taken and the reasons for such decisions.
If the competent authority of the Member State of destination fears that
such measures are inadequate, the competent authorities of the twoMember States shall together seek ways and means of remedying thesituation; if appropriate, this may involve an on-the-spot inspection.
Where the checksprovided for in Article 8 s how repeated irregulari-
ties, the competent authority of the Member State of destination shallinform the Commission and the competent authorities 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 intoaccount the nature of the infringements established, may:
— send inspectors, in collaboration with the competent national autho-
rities, to the place concerned,
— 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 factson the s pot,
— request the competent authority to intensify checks on the holding,
the centre, the organization, the approved market or assemblycentre or the region of origin.
It shall inform the Member States of its findings.
Pending the Commission's findings, the Member State of dispatch
must, at the request of the Member State of destination, intensify
checkson animalsand productscoming from the holding, centre, orga-nization, approved market or assembly centre or region in question, andif there are serious public or animal health grounds, suspend issue ofany certificatesor movement documents .
The Member State of destination may, for its part, intensify checks on
animalscoming from the s ame holding, centre, organization, approvedmarket or assembly centre or region.
At the request of one of the two Member States concerned — where
the irregularitiesare confirmed by the expert'sopinion — the Commis -sion must, in accordance with the procedure laid down in Article 17,take the appropriate measures, which may go as far as authorizing the1990L0425 — EN — 06.01.1993 — 010.001 — 9
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Member Statesto prohibit provis ionally the bringing into their territory
of animalsand productscoming from that holding, centre, organization,approved market or assembly centre or region. These measures must be
confirmed or reviewed as soon as possible in accordance with the
procedure laid down in Article 17.
2. Except in cases provided for in the fourth subparagraph, rights of
appeal existing under the laws in force in the Member States against
decisions by the competent authorities shall not be affected by thisDirective.
Decisions taken by the competent authority of the State of destination
and the reasons for such decisions shall be notified to the consignor or
hisrepres entative and to the competent authority of the Member 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
of appeal which are available to him under the law in force in theMember State of destination and of the procedure and time limitsapplicable.
However, in the event of a dispute, the two parties concerned may, if
they so agree, within a maximum period of one month, submit thedispute for the assessment of an expert whose name appears on a listof Community 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
or after receiving the results of any analyses. The parties shall abide bythe expert'sopinion, with due regard for Community veterinary legis la-tion.
3. The costs of returning the consignment, holding or isolating the
animals or, if appropriate, slaughtering or destroying them shall beborne by the consignor, his representative or the person responsiblefor the animalsor products .
4. The detailed rulesfor the application of thisArticle s hall be
adopted in accordance with the procedure laid down in Article 18 or,where appropriate, in Article 19.
CHAPTER III
Commonprovisions
Article 10
1. Each Member State shall immediately notify the other Member
States and the Commission of any outbreak in its territory, in addition
to an outbreak of diseases referred to in Directive 82/894/EEC, of anyzoonoses, diseases or other cause likely to constitute a serious hazardto animalsor to human health.
The Member State of dispatch 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 ofthe diseases or causes referred to in the first subparagraph may, ifnecessary, take the precautionary measures provided for in Communityrules, including the quarantining of the animals.
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 holdings,centresor organizationsconcerned or, in the cas e of an epizootic
disease, with regard to the buffer zone 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.1990L0425 — EN — 06.01.1993 — 010.001 — 10
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2. At the request of the Member State referred to in the first subpar-
agraph of paragraph 1 or on the initiative of the Commission, one ormore Commission representatives may go at once to the place
concerned to examine, in collaboration with the competent authorities,
what measures have been taken, and shall issue an opinion on thosemeasures.
3. If the Commission has not been informed of the measures taken,
or if it considers the measures taken to be inadequate, it may, in colla-boration with the Member State concerned and pending the meeting of
the Standing Veterinary Committee, take interim protective measures
with regard to animalsor productsfrom the region affected by theepizootic disease or from a given holding, centre or organization. Thesemeasures shall be submitted to the Standing Veterinary Committee assoon as possible to be confirmed, amended or cancelled in accordancewith 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 shall
adopt the necessary measures for the animals and products referred toin Article 1 and, if the situation so requires, for the products derivedfrom those animals, in accordance with the procedure laid down inArticle 17. The Commission shall monitor the situation and, by the
same procedure, shall amend or repeal the decisions taken, depending
on how the situation develops.
5. Detailed rulesfor the application of thisArticle, and in particular
the list of zoonoses or causes likely to constitute a serious hazard tohuman health, shall be adopted in accordance with the procedure laiddown in Article 18.
Article 11
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' inspection
departments.
Article 12
Member States shall ensure that all dealers engaging in intra-Commu-
nity trade in the animalsand/or productscovered by Article 1:
(a) are required, at the request of the competent authority, to register
beforehand in an official register;
(b) keep a record of deliveriesand, for the cons igneesreferred to in
Article 5 (1) (b) (iii), of the subsequent destination of the animals
and products.
The said record shall be preserved for a period to be determined by
the competent national authority so that it can be presented to thecompetent authority on request.
Article 13
The Member States shall also ensure that the officials of their veter-
inary departments, if appropriate in collaboration with the officials ofother departmentsempowered to that end, are able in particular to:
— carry out inspections of holdings, installations, means of transport
and processes used for the marking and identification of animals,
— check, as regards the products listed in Annex A, that the personnel
are complying with the requirementslaid down in the textsreferredto in that Annex,
— take samples from:
(i) animalsheld with a view to being s old, put on the market or
transported;
(ii) products held with a view to being stored or sold, put on the
market or transported,1990L0425 — EN — 06.01.1993 — 010.001 — 11
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— examine documentary or data processing material relevant to the
checkscarried out further to the meas urestaken under thisDirec-tive.
Member States must require the holdings, centres or organizations
being checked to afford the collaboration necessary for the perfor-
mance of the aforementioned tasks.
Article 14
1. Directive 64/432/EEC (
1), aslas t amended by Directive 89/662/
EEC (2), ishereby amended asfollows :
(a) Article 6 isreplaced by the following:
‘Article 6
Animalsfor s laughter which have been taken on arrival in the
country of destination either directly or via an approved market orassembly centre to a slaughterhouse must be slaughtered there assoon as possible, in accordance with animal health requirements.
Animalsfor s laughter which have been taken on arrival in the
country of destination to a market adjoining a slaughterhouse underwhose rules all animals may be removed, in particular after themarket, only to a slaughterhouse approved for this purpose by thecompetent central authority must be slaughtered at that slaughter-house not later than five days after arriving at the market.
The competent authority of the country of destination may, in the
light of animal health considerations, designate the slaughterhouseto which those animals must be sent.’
(b) Article 7 (3) and the first subparagraph of Article 8 (2) are hereby
deleted.
(c) Articles9 and 10 are replaced by the following:
‘Article 9
1. A Member State which hasa national control programme for
one of the contagious diseases not referred to in Annex E for all orpart of its territory may submit the said programme to the Commis-
sion, outlining in particular:
— the distribution of the disease in the Member State,
— the reasons for the programme, taking into consideration the
importance of the disease and the programme's likely benefitin relation to itscos t,
— the geographical area in which the programme will be imple-
mented,
— the status categories to be applied to the animal establishments,
the standards which must be attained in each category, and the
test procedures to be used,
— the programme monitoring procedures,
— the action to be taken if, for any reason, an establishment loses
its status,
— the measures to be taken if the results of the tests carried out in
accordance with the provisions of the programme are positive.
2. The Commission shall examine the programmes presented by
the Member States. Programmes as referred to in paragraph 1 maybe approved in compliance with the criteria laid down in paragraph1 in accordance with the procedure provided for in Article 12.According to the same procedure, the additional guarantees, generalor limited, which may be required in intra-Community trade, shall
be defined at the same time or at the latest three months after
approval of the programmes. Such guarantees must not exceedthose which the Member State implements nationally.1990L0425 — EN — 06.01.1993 — 010.001 — 12
(1) OJ No 121, 29. 7. 1964, p. 2012/64.
(2) OJ No L 395, 30. 12. 1989, p. 13.
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3. Programmess ubmitted by Member Statesmay be amended or
supplemented in accordance with the procedure laid down inArticle 12. Amendmentsor additionsto programmeswhich have
already been approved or to guaranteeswhich have been defined
in accordance with paragraph 2 may be approved under the sameprocedure.
Article 10
1. Where a Member State considers that its territory or part of
its territory is free from one of the diseases to which bovineanimals and swine are susceptible, it shall present to the Commis-
sion appropriate supporting documentation, setting out in particular:
— the nature of the disease and the history of its occurrence in its
territory,
— the results of surveillance testing based on serological, micro-
biological, pathological or epidemiological investigation andon the fact that the disease must by law be notified to thecompetent authorities,
— the period over which the surveillance was carried out,
— where applicable, the period during which vaccination against
the disease has been prohibited and the geographical area
concerned by the prohibition,
— the arrangements for verifying the absence of the disease.
2. The Commission shall examine documentation submitted by
Member States. The additional guarantees, general or specific,
which may be required in intra-Community trade may be definedin accordance with the procedure laid down in Article 12. Suchguarantees must not exceed those which the Member State imple-ments nationally. Where justification is submitted before 1 July
1991, decisions on additional guarantees shall be taken before 1
January 1992.
3. The Member State concerned shall notify the Commission of
any change in the particularss pecified in paragraph 1 which relateto the disease. The guarantees defined as laid down in paragraph 2may, in the light of such notification, be amended or withdrawn in
accordance with the procedure laid down in Article 12.’
2. Subparagraphs2 to 5 of Article 5 (2) and Articles7 and 15 of
Directive 88/407/EEC (
1) are hereby deleted.
3. Subparagraphs2 to 4 of Article 5 (2) and Article 14 of Directive
89/556/EEC (2) are hereby deleted.
4. In the fifth line of the first subparagraph of Article 13 of Direc-
tive 72/462/EEC (3), aslas t amended by Directive 89/227/EEC (4),
‘three’ isreplaced by ‘five’.
Article 15
1. The following Article isins erted in Directives64/432/EEC and
89/556/EEC:
‘Article 14
The ruleslaid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checksin intra-
Community trade in certain live animalsand productswith a viewto the completion of the internal market (*), shall apply in parti-cular to checksat origin, to the organization of, and follow-up to,the checksto be carried out by the country of des tination, and to
the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’1990L0425 — EN — 06.01.1993 — 010.001 — 13
(1) OJ No L 134, 22. 7. 1988, p. 10.
(2) OJ No L 302, 19. 10. 1989, p. 1.
(3) OJ No L 302, 31. 12. 1972, p. 28.
(4) OJ No L 93, 6. 4. 1989, p. 25.
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2. The following Article isins erted in Directive 88/407/EEC:
‘Article 15
The ruleslaid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checksin intra-Community trade in certain live animalsand productswith a viewto the completion of the internal market (*), shall apply in parti-cular to checksat origin, to the organization of, and follow-up to,
the checksto be carried out by the Member State of des tination,
and follow up to, the checksto be carried out by the Member Stateof destination, and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’
3. Article 9 of Directive 90/426/EEC isreplaced by the following:
‘Article 9
The ruleslaid down in Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checksin intra-
Community trade in certain live animalsand productswith a view
to the completion of the internal market (*), shall apply in parti-cular to checksat origin, to the organization of, and follow-up to,the checksto be carried out by the Member State of des tination,and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.’
Article 16
The Commission may, in accordance with the procedure laid down in
Article 18, amend the list of diseases referred to in Annex C.
Article 17
Where reference ismade to the procedure provided for in thisArticle,
the Standing Veterinary Committee set up by Decision 68/361/EEC (
1)
shall take decisions in accordance with the rules established in Article17 of Directive 89/662/EEC.
Article 18
Where reference ismade to the procedure defined in thisArticle, the
Standing Veterinary Committee shall take decisions in accordance
with Article 18 of Directive 89/662/EEC.
Article 19
Where reference ismade to the procedure defined in thisArticle, the
Standing Zootechnical Committee set up by Decision 77/505/EEC (
2)
shall take decisions in accordance with the rules established in Article11 of Directive 88/661/EEC (
3).
CHAPTER IV
Finalandtransitionalprovisions
Article 20
1. The Commission shall introduce, in accordance with the proce-
dure laid down in Article 18, a computerized system linking
veterinary authorities, with a view, in particular, to facilitating theexchange of information between the competent authoritiesof regionswhere a health certificate or document accompanying the animalsandproducts of animal origin has been issued and the competent authoritiesof the Member State of destination.1990L0425 — EN — 06.01.1993 — 010.001 — 14
(1) OJ No L 255, 18. 10. 1968, p. 23.
(2) OJ No L 206, 12. 8. 1977, p. 11.
(3) OJ No L 382, 31. 12. 1988, p. 16.
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2. The proceduresfor the Community'sfinancial contribution, as
provided for in Article 37 of Decision 90/424/EEC and necessary forthe implementation of thisprogramme, s hall be adopted in accordance
with the procedure provided for in Article 42 of the said Decision.
3. According to the procedure provided for in Article 18, the
Commission shall adopt the procedure for applying this Article and, inparticular, the appropriate standards for the exchange of data and rulesfor the security of data exchanged.
Article 21
►
M8 ◄Trade in the animalsand productslis ted in
Annex B shall, pending the adoption of Community rules, and withoutprejudice to the maintenance of any national ruleslaid down for theidentification of batches, be subject to the control rules laid down bythis Directive, in particular those mentioned in the second part of the
sentence of Article 3 (1) (a).
Member States shall communicate to the Commission and the other
Member Statesthe conditionsand proceduresapplicable to trade in
the animalsand productsreferred to in the firs t paragraph.
In accordance with the procedure laid down in Article 17, the Commis-
sion shall determine the measures necessary for the computerization ofthe statements of conditions mentioned in the second subparagraph.
The control rulesprovided for the animalsand productsreferred to in
Annex A shall be extended to the animals and products of animalorigin not yet covered by thisAnnex when the harmonized rulesgoverning trade therein are adopted. ►
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Article 22
1. Member States shall submit to the Commission, using a harmo-
nized model, the relevant information concerning the checkscarriedout pursuant to this Directive.
2. The Commission shall examine the information referred to in
paragraph 1 within the Standing Veterinary Committee. It may adopt
appropriate measures in accordance with the procedure laid down in
Article 18.
3. Detailed rulesfor the application of thisArticle, in particular the
frequency of communication of information, the model to be used andthe type of information required, shall be laid down in accordance withthe procedure laid down in Article 18.
Article 23
The Council shall, on the basis of a Commission report, accompanied
by possible proposals on which the Council will decide by a qualifiedmajority, re-examine:
— the provisions of Article 10 and of Article 5 (2) (a) before 1
January 1993,
— other provisions before 1 January 1996.
Article 24
Until 31 December 1992 in order to permit the gradual implementation
of the checking arrangementslaid down by thisDirective, MemberStatesmay operate:
— documentary checksduring trans port of animalsand products
covered by AnnexesA and B or imported from third countries ,
— spot veterinary checks of a non-discriminatory nature during trans-
port of animalsand productscovered by Annex B;1990L0425 — EN — 06.01.1993 — 010.001 — 15
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Article 26
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with:
(i) Article 10 of thisDirective and Article 9 of Directive 89/662/EEC,
two monthsafter the date of notification of thisDirective;
(ii) the other provisions of this Directive on 1 July 1992.
Article 27
This Directive is addressed to the Member States.1990L0425 — EN — 06.01.1993 — 010.001 — 16
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ANNEX A
CHAPTER I
VETERINARYLEGISLATION
Section 1
— Council Directive 64/432/EEC of 26 June 1964 on animal health problems
affecting intra-Community trade in bovine animalsand s wine (OJ No 121,
29. 7. 1964, p. 1977/64).
— Council Directive 88/407/EEC of 14 June 1988 laying down the animal
health requirementsapplicable to intra-Community trade in and importsof
deep-frozen semen of domestic animals of the bovine species (OJ No L
194, 22. 7. 1988, p. 10).
— Council Directive 89/556/EEC of 25 September 1989 on animal health
conditionsgoverning intra-Community trade in and importation from third
countries of embyros of domestic animals of the bovine species (OJ No L
302, 19. 10. 1989, p. 1).
— Council Directive 90/426/EEC of 26 June 1990 on the health policy condi-
tionsgoverning the movement of equidae and their import from third
countries(OJ No L 224, 18. 8. 1990, p. 42).
— Council Directive 90/429/EEC of 26 June 1990 laying down the animal
health requirementsapplicable to intra-Community trade in and importsof
semen of domestic animals of the porcine species (OJ No L 224, 18. 8.
1990, p. 62).
— Council Directive 90/539/EEC of 15 October 1990 on animal health condi-
tionsgoverning intra-Community trade in, and importsfrom third countries
of, poultry and hatching eggs(OJ No L 303, 31. 10. 1990, p. 6).
— Council Directive 90/667/EEC of 27 November 1990 laying down the veter-
inary rules for the disposal and processing of animal waste, for its placing on
the market and for the prevention of pathogensin feeds tuffsof animal or
fish origin and amending Directive 90/425/EEC (OJ No L 363, 27. 12.
1990, p. 51).
— Council Directive 91/67/EEC of 28 January 1991 concerning the animal
health conditionsgoverning the placing on the market of aquaculture
animalsand products(OJ No L 46, 19. 2. 1991, p. 1).
— Council Directive 91/68/EEC of 28 January 1991 on animal health condi-
tionsgoverning intra-Community trade in ovine and caprine animals(OJ
No L 46, 19. 2. 1991, p. 19).
— Council Directive 91/628/EEC of 19 November 1991 on the protection of
animalsduring trans port and amending Directives90/425/EEC and 91/496/
EEC (OJ No L 340, 11. 12. 1991, p. 17).
Section 2
Council Directive 92/65/EEC of 13 July 1992 laying down animal health
requirementsgoverning trade in and importsinto the Community of animals ,
semen, ova and embryos not subject to animal health requirements laid down
in specific Community rules referred to in Annex A (I) (1) to Directive 90/
425/EEC (OJ No L 268, 14. 9. 1992, p. 54).
— For pathogens:
Council Directive 92/118/EEC of 17 December 1992 laying down animal health
and public health requirementsgoverning trade in and importsinto the Commu-
nity of products not subject to the said requirements laid down in specific
Community rulesreferred to in Annex A (I) to Directive 89/662/EEC and, as
regardspathogens , to Directive 90/425/EEC.
CHAPTER II
ZOOTECHNICALLEGISLATION
— Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding
animalsof the bovine s pecies(OJ No L 206, 12. 8. 1977, p. 8).
— Council Directive 88/661/EEC of 19 December 1988 on the zootechnical
standards applicable to breeding animals of the porcine species (OJ No L
382, 31. 12. 1988, p. 36).
— Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred
breeding sheep and goats (OJ No L 153, 8. 6. 1989, p. 30).
— Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and
genealogical conditionsgoverning intra-Community trade in equidae (OJ
No L 224, 18. 8. 1990, p. 55).1990L0425 — EN — 06.01.1993 — 010.001 — 17
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— Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical
and pedigree requirementsfor the marketing of pure-bred animals(OJ No L
85, 5. 4. 1991, p. 37).1990L0425 — EN — 06.01.1993 — 010.001 — 18
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ANNEX B
ANIMALS ANDPROD UCTS NOT SUBJECT TO HARMONIZATION
BUT TRADE IN WHICH WILL BE SUBJECT TO THE CHECKS
PROVIDEDFORINTHISDIRECTIVE
CHAPTER I
Veterinary legislation — other live animals not listed in Annex A, Chapter I.
CHAPTER II
Veterinary legislation — semen, ova and embryos not listed in Annex A,
Chapter I.1990L0425 — EN — 06.01.1993 — 010.001 — 19
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ANNEX C
LIST OF DISEASES OR EPIZOOTIC DISEASES, SUBJECT TO
MANDATORY EMERGENCY ACTION, WITH TERRITORIAL
RESTRICTIONS(MEMBERSTATES,REGIONSORZONES)
— Foot and mouth disease (FMD)
— Classical swine fever (CSF)— African swine fever (ASF)— Swine vesicular disease (SVD)— Newcastle disease (ND)— Rinderpest— Peste des petits ruminants (PPR)— Vesicular stomatitis (VS)— Blue tongue— African horse sickness (AHS)
— Viral equine encephalomyelitis
— Teschen disease— Avian influenza— Sheep and goat pox— Lumpy skin disease— Rift valley fever— Contagiousbovine pleuropneumonia1990L0425 — EN — 06.01.1993 — 010.001 — 20