1992L0118 — EN — 01.07.1996 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE92/118/EEC
of17December 1992
laying down animal health and public health requirements governing trade in and imports into
theCommunityofproductsnotsubjecttothesaidrequirementslaiddowninspecificCommunityrules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive
90/425/EEC
(OJ L 62, 15.3.1993, p. 49)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/466/EC of 13 July 1994 L 190 26 26.7.1994
►M2Commission Decision 94/723/EC of 26 October 1994 L 288 48 9.11.1994
►M3Commission Decision 95/338/EC of 26 July 1995 L 200 35 24.8.1995
►M4Commission Decision 95/339/EC of 27 July 1995 L 200 36 24.8.1995
►M5Commission Decision 96/103/EC of 25 January 1996 L 24 28 31.1.1996
►M6Commission Decision 96/405/EC of 21 June 1996 L 165 40 4.7.1996
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE92/118/EEC
of17December 1992
laying down animal health and public health requirements
governing trade in and imports into the Community of productsnotsubjecttothesaidrequirements laid downinspecific Commu-nity rules referred to in AnnexA (I) to Directive 89/662/EEC and,
asregardspathogens,toDirective 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 proposals from the Commission(1),
Having regard to the opinions of the European Parliament(2),
Having regard to the opinions of the Economic and Social
Committee(3),
Whereas products of animal origin are included in the list of products
in Annex II to the Treaty; whereas the placing on the market of such
products constitutes an important source of income for part of the
farming population;
Whereas in order to ensure rational development in this sector and
increase productivity, animal health and public health rules for theproducts in question should be laid down at Community level;
Whereas the Community must adopt the measures intended progres-
sively to establish the internal market consisting of an area withoutinternal frontiers, over a period expiring on 31 December 1992;
Whereas in view of the abovementioned objectives the Council has laid
down animal health rules applicable to fresh meat, poultrymeat, meatproducts, game meat, rabbit meat and milk products;
Whereas, save where otherwise provided, trade in products of animal
origin must be liberalized, without prejudice to recourse to possible
safeguard measures;
Whereas, given the significant risk of the spread of diseases to which
animals are exposed, for certain products of animal origin particular
requirements should be specified to be imposed when they are placedon the market for the purposes of trade, particularly when intended forregions witha h ighh ealthstatus;
Whereas, when Directive 92/65/EEC was adopted, the Commission
agreed to disassociate the animal health aspects applicable to animalsfrom those applicable to products;
Whereas, so as to allow checks at borders between Member States to
be abolished on 1 January 1993, animal health and public health rulesshould be fixed to apply to all products subject to such checks trade in
and imports of which have not yet been harmonized at Community
level;
Whereas, to achieve this objective, certain existing rules should be
adapted for the adoption of the aforesaid measures;
Whereas a system of approval should be introduced for the third coun-
tries and establishments which meet the requirements laid down by thisDirective, together with a Community inspection procedure to ensurethat the conditions for such approval are observed;
Whereas the accompanying document for products is the best way of
satisfying the competent authority of the place of destination that aconsignment complies with the provisions of this Directive; whereas1992L0118 — EN — 01.07.1996 — 005.001 — 2
(1) OJ No C 327, 30. 12. 1989, p. 29; and OJ No C 84, 2.4. 1990, p 102.
(2) OJ No C 113, 7. 5. 1990, p. 205; and OJ No C 149, 18. 6. 1990, p. 259.
(3) OJ No C 124, 21. 5. 1990, p. 15; and OJ No C 182, 23. 7. 1990, p. 250.
▼B
the public health or animal health certificate should be maintained for
the purposes of verifying the destination of certain imported products;
Whereas the rules, principles and safeguard measures established by
Council Directive 90/675/EEC of 10 December 1990 laying down the
principles governing the organization of veterinary checks on productsentering the Community from third countries(
1) should apply here;
Whereas, in the context of intra-Community trade, the rules laid down
in Directive 89/662/EEC should also be applied;
Whereas the Commission should be entrusted with the task of adopting
certain measures for implementing this Directive; whereas, to that end,
procedures should be laid down establishing close and effective coop-
eration between the Commission and the Member States within theStanding Veterinary Committee;
Whereas, in view of the particular supply difficulties arising from its
geographical situation, special derogations should be permitted for theHellenic Republic;
Whereas the adoption of specific rules for the products covered by this
Directive is without prejudice to the adoption of rules on food hygiene
and safety in general, on which the Commission has submitted aproposal for a framework Directive,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
This Directive lays down the animal health and public health require-
ments governing trade in and imports into the Community of productsof animal origin (including trade samples taken from suchproducts)
not subject to the said requirements laid down in specific Community
rules referred to in Annex A (I) to Directive 89/662/EEC(
2) and, as
regards pathogenic agents, to Directive 90/425/EEC.
This Directive shall be without prejudice to the adoption of more
detailed rules on animal health in the framework of the aforesaidspecific rules nor the maintenance of restrictions on trade or imports
of products covered by the specific rules referred to in the first para-
graph based on the rules of public health.
Article 2
1. For the purposes of this Directive:
(a)trademeans trade as defined by Article 2 (2) of Directive 89/
662/EEC;
(b)trade sample means a sample of no commercial value, taken on
behalf of the owner or the person responsible for an establish-
ment, which is representative of a given product of animalorigin produced by that establishment, or constitutes aspecimen of a product of animal origin the manufacture ofwhich is contemplated, and which, for the purposes of subse-quent examination, must bear a reference to the type of
product, its composition and the species of animal from which
it was obtained;
(c)serious transmissible disease means all diseases covered by
Directive 82/894/EEC(
3)1992L0118 — EN — 01.07.1996 — 005.001 — 3
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 395, 30. 12. 1989, p. 13. Directive as last amended by Directive
91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(3) OJ No L 378, 31. 12. 1982, p. 58. Directive as last amended by Decision 90/
134/EEC (OJ No L 76, 22. 3. 1990, p. 23).
▼B
(d)pathogenic agents jmeans any collection or culture of organ-
isms or any derivative, present either alone or in the form of amanipulated combination of sucha collection or culture of
organisms capable of causing disease in any living being (other
than man) and any modified derivatives of these organisms,which can carry or transmit an animal pathogen, or the tissue,cell culture, secretions or excreta by which or by means ofwhich an animal pathogen can be carried or transmitted; this
definition does not include the immunological veterinary
medicinal products authorized pursuant to Directive 90/677/EEC(
1);
(e)processed animal protein intended for animal consumption
means animal protein which has been treated so as to render it
suitable for direct use as a feedingstuff or as an ingredient in afeedingstuff for animals. It includes fishmeal, meatmeal, bone-meal, hoofmeal, hornmeal, bloodmeal, feathermeal, dry greavesand other similar products including mixtures containing these
products;
(f)processed animal protein intended for human consumption
means greaves, meatmeal and pork-rind powder referred to inArticle 2 (b) of Directive 77/99/EEC(
2);
(g)apiculture product means honey, beeswax, royal jelly, propolis
or pollen, not intended for human consumption or for industrialuse.
2. In addition, the definitions contained in Article 2 of Directives
89/662/EEC, 90/425/EEC and 90/675/EEC shall apply mutatis
mutandis.
Article 3
Member States shall ensure that:
— trade in and imports of products of animal origin referred to in
Article 1 together with gelatins not intended for human consump-
tion are not prohibited or restricted for animal health or publichealth reasons other than those arising from the application of thisDirective or from Community legislation, and in particular anysafeguard measures taken,
— any new product of animal origin whose placing on the market in a
Member State is authorized after the date provided for in Article 20
may not be the subject of trade or importation until a decision has
been taken in accordance withth e first paragraphof Article 15 afterevaluation and, if appropriate, the opinion of the Scientific Veter-inary Committee set up by Decision 81/651/EEC(
3), of the real
risk of the spread of serious transmissible diseases which couldresult from movement of the product, not only for the species
from which the product originates but also for other species which
could carry the disease, become a focus of disease or a risk tohuman health,
— the other products of animal origin referred to in Article 2 (b) of
Directive 77/99/EEC may not be the subject of trade or importationfrom third countries unless they meet the requirements of thatDirective and the relevant requirements of this Directive.1992L0118 — EN — 01.07.1996 — 005.001 — 4
(1) OJ No L 373, 31. 12. 1990, p. 26
(2) OJ No L 26, 31. 1. 1977, p. 85. Directive updated by Directive 92/5/EEC
(OJ No L 57, 2. 3. 1992, p. 1), and last amended by Directive 92/45/EEC
(OJ No L 268, 14. 9. 1992, p. 35)
(3) OJ No L 233, 19. 8. 1981, p. 32.
▼B
CHAPTER II
Provisionsapplicabletotrade
Article 4
Member States shall take the necessary measures to ensure that, for the
purposes of applying Article 4 (1) of Directive 89/662/EEC and Article
4 (1) (a) of Directive 90/425/EEC, the products of animal origin
referred to in Annexes I and II and the second and third indents ofArticle 3 of this Directive may, without prejudice to the particularprovisions to be adopted in implementation of Articles 10 (3) and 11,be the subject of trade only if they satisfy the following requirements:
1. they must meet the requirements of Article 5 and the specific
requirements laid down in Annex I as regards animal health aspectsand Annex II as regards public health aspects,
2. they must come from establishments which:
(a) undertake, in the light of the specific requirements laid down in
Annexes I and II for the products the establishment produces, to:
— comply withth e specific production requirements set out in
this Directive,
— establishand implement meth ods of monitoring and
checking the critical points on the basis of the processesused,
— depending on the products, take samples for analysis in a
laboratory recognized by the competent authority for thepurpose of checking compliance with the standards estab-
lished by this Directive,
— keep a record, whether written or otherwise recorded, of the
information obtained pursuant to the preceding indents forpresentation to the competent authority. The results of thevarious checks and tests in particular shall be kept for at
least two years,
— guarantee the administration of marking and labelling,— should the result of the laboratory examination or any other
information available to them reveal the existence of aserious animal health or public health hazard, inform thecompetent authority,
— consign, for purposes of trade, only products accompanied
by a commercial document indicating the nature of theproduct, the name and, where appropriate, the veterinaryapproval number of the establishment of production;
(b) they are under supervision by the competent authority to ensure
that the operator or manager of the establishment complies withthe requirements of this Directive;
(c) they were registered by the competent authority on the basis of
assurances from the establishment guaranteeing compliance withthe requirements of this Directive.
Article 5
Member States shall ensure that every necessary measure is taken to
guarantee that products of animal origin referred to in Annexes I andII are not dispatched for purposes of trade from any holding, situated
in a zone subject to restrictions because of the occurrence of a disease
to which the species from which the product is derived is susceptible orfrom any establishment or zone from which movements or trade wouldconstitute a risk to the animal health status of the Member Statesexcept where products are heat-treated in accordance with Community
legislation.
Particular assurances permitting, by way of derogation from the first
paragraph, the movement of certain products may be adopted underthe procedure laid down in Article 18 within the framework of safe-guard measures.1992L0118 — EN — 01.07.1996 — 005.001 — 5
▼B
Article 6
Member States shall ensure that trade in pathogenic agents is subject to
strict rules to be defined under the procedure laid down in Article 18.
Article 7
1. The rules on checks established by Directive 89/662/EEC and, as
regards pathogenic agents, by Directive 90/425/EEC shall apply, in
particular as regards the organization of and follow-up to the checks
to be carried out, to the products covered by this Directive.
2. Article 10 of Directive 90/425/EEC shall apply to the products
covered by this Directive.
3. For the purposes of trade, the provisions of Article 12 of Direc-
tive 90/425/EEC shall be extended to establishments supplyingproducts of animal origin covered by this Directive.
4. Without prejudice to the specific provisions of this Directive, the
competent authority shall carry out any checks it may deem appropriatewhere it is suspected that this Directive is not being complied with.
5. Member States shall take the appropriate administrative or penal
measures to penalize any infringement of this Directive, in particularwhere it is found that the certificates or documents drawn up do notcorrespond to the actual state of the products referred to in Annexes I
and II, or that the products in question do not satisfy the requirements
of this Directive or have not undergone the checks provided for therein.
Article 8
In Chapter 1 (1) of Annex A to Directive 92/46/EEC(
1) the following
subparagraphis added:
‘Milk and milk products must not come from a surveillance zone
defined in accordance withDirective 85/511/EEC unless th e milkhas undergone pasteurization (71,7 ºC for 15 seconds) under the
supervision of the competent authority.’
CHAPTER III
ProvisionsapplicabletoimportsintotheCommunity
Article 9
The requirements applicable to imports of products covered by this
Directive must offer at least the guarantees provided for in Chapter II,including those established in implementation of Article 6, and thoselaid down in the second and third indents of Article 3.
Article 10
1. For the purposes of uniform application of Article 9, the
following provisions shall apply.
2. The products referred to in Annexes I and II and in the second
and third indents of Article 3 may be imported into the Community
only if they satisfy the following requirements:
(a) unless otherwise specified in Annexes I and II, they must come
from a third country or part of a third country on a list to be drawnup and updated in accordance withth e procedure provided for inArticle 18;
(b) except for the products referred to in Chapter 5 (B) of Annex I,
they must come from establishments for which the competentauthority of the third country has provided the Commission withguarantees that they meet the requirements of paragraph 3 (a);1992L0118 — EN — 01.07.1996 — 005.001 — 6
(1) OJ No L 268, 14. 9. 1992, p. 1.
▼B
(c) in the cases specifically provided for in Annexes I and II and in the
second and third indents of Article 3, they must be accompanied byan animal health or public health certificate corresponding to a
specimen to be drawn up under the procedure provided for in
Article 18, certifying that the products meet the additional condi-tions or offer the equivalent guarantees referred to in paragraph 3(a) and come from establishments offering such guarantees, andsigned by an official veterinarian or, as appropriate, by any other
competent authority recognized under the same procedure.
3. Under the procedure provided for in Article 18:
(a) specific requirements shall be established — in particular for the
protection of the Community from certain exotic diseases ordiseases transmissible to man — or guarantees equivalent to those
conditions.
The specific requirements and equivalent guarantees established for
third countries may not be more favourable than those laid down inAnnexes I and II and in the second and third indents of Article 3;
(b) a Community list shall be drawn up of third country establishments
which satisfy the requirements of paragraph 2 (b);
(c) the nature of any treatment or the measures to be taken to avoid
recontamination of animal casings, eggs and egg products shall beestablished.
4. The decisions provided for in paragraphs 2 and 3 must be taken
on the basis of evaluation and, if appropriate, the opinion of the Scien-tific Veterinary Committee, of the real risk of the spread of serioustransmissible diseases or of diseases transmissible to man which could
result from movement of the product, not only for the species from
which the product originates but also for other species which couldcarry the disease or become a focus of disease or a risk to publichealth.
5. Experts from the Commission and the Member States shall carry
out on-the-spot inspections to verify whether the guarantees given bythe third country regarding the conditions of production and placingon the market can be considered equivalent to those applied in the
Community.
The experts from the Member States responsible for these inspections
shall be appointed by the Commission, acting on proposals from the
Member States.
These inspections shall be made on behalf of the Community, which
shall bear the cost of any expenditure involved.
Pending organization of the inspections referred to in the first subpara-
graph, national rules applicable to inspection in third countries shall
continue to apply, subject to notification, through the Standing Veter-inary Committee, of any failure to comply withth e guarantees offeredin accordance withparagraph3 found during th ese inspections.
6. Pending compilation of the lists provided for in paragraphs 2 (a)
and 3 (b), Member States are authorized to maintain the controlsprovided for in Article 11 (2) of Directive 90/675/EEC and the nationalcertificate required by products imported under existing national rules.
Article 11
The procedure provided for in Article 18 shall be used to stipulate
specific animal health requirements for imports into the Communityand the nature and content of accompanying documents for productsreferred to in Annex I intended for experimental laboratories.1992L0118 — EN — 01.07.1996 — 005.001 — 7
▼B
Article 12
1. The principles and rules laid down in Directives 90/675/EEC and
91/496/EEC(1) shall apply, with particular reference to the organization
of and follow-up to the inspections to be carried out by the Member
States and the safeguard measures to be implemented.
However, for certain types of product of animal origin, derogations
may be adopted in accordance withth e procedure laid down in Article18, from the physical check provided for in Article 8 (2) of Directive90/675/EEC.
2. In Article 4 (1) of Directive 90/675/EEC, the following subpara-
graphis added:
‘However, where products of animal origin arrive in containers or
are wrapped or packaged under vacuum, the identity check may belimited to ensuring that the seals placed by the official veterinarianor the competent authority on the container or package are intact
and that the indications given thereon correspond to those included
in the accompanying document or certificate.’
Article 13
1. Member States may, by issuing an appropriate licence, permit the
importation from third countries of products of animal origin referredto in Annexes I and II in the form of trade samples.
2. The licence mentioned in paragraph 1 must accompany the
consignment and contain full details of the specific conditions under
which the consignment may be imported, including any derogationsfrom the checks provided for by Directive 90/675/EEC.
3. Where the consignment enters one Member State for onward
transmission to a second Member State, the first Member State shall
ensure that the consignment is accompanied by the appropriate licence.
Movement shall take place in accordance with the provisions of Article11 (2) of Directive 90/675/EEC. The responsibility for ensuring that theconsignment complies with the conditions of the licence (and whetherentry into its territory should be permitted) shall rest with the MemberState which issues the licence.
CHAPTER IV
Commonfinalprovisions
Article 14
1. Article 3 (d) of Directive 72/461/EEC(2) shall be deleted.
Commission Decisions 92/183/EEC(3) and 92/187/EEC(4) shall
continue to apply for the requirements of this Directive, without preju-dice to any amendments to be made to them under the procedure
provided for in Article 18.
2. Directive 90/667/EEC is hereby amended as follows:
(a) in Article 13 the following paragraph shall be added:
‘2. With a view to ensuring that the controls provided for in
paragraph1 are followed up:
(a) processed products obtained from low-risk or high-risk mate-
rials must satisfy the requirements of Chapter 6 of Annex I to
Directive 92/118/EEC (*);
(b) low-risk materials, high-risk materials intended for processing
in a plant designated in another Member State in accordance1992L0118 — EN — 01.07.1996 — 005.001 — 8
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 302, 31. 12. 1972, p. 24. Directive as last amended by Directive
91/687/EEC (OJ No L 377, 31. 12. 1991, p. 16).
(3) OJ No L 84, 31. 3. 1992, p. 33.
(4) OJ No L 87, 2. 4. 1992, p. 20.
▼B
withth e second sentence of Article 4 (1) and processed
products obtained from high-risk or low-risk materials must beaccompanied:
— if they come from a plant approved in accordance with
Article 4 or 5, by a commercial document specifying;
— if appropriate, the nature of the treatment,
— whether the product contains ruminant proteins,
— if they come from another plant, by a certificate issued and
signed by an official veterinarian indicating:
— the methods of treatment used on the consignment,
— the result of the salmonella tests,
— — whether the product contains ruminant proteins.
(*) OJ No L 62, 15. 3. 1993, p. 49.’;
(b) in Article 6, ‘shall be established under the procedure laid down in
Article 19’ shall be replaced by ‘are laid down under Chapter 10 ofAnnex I to Directive 92/118/EEC’;
(c) in Article 14 the first paragraph shall be deleted.
Article 15
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt any new Annex laying down specific require-ments for other products capable of presenting a real risk of spreadingserious transmissible diseases or a real risk to human health.
The Annexes shall, where the need arises, be amended under the proce-
dure provided for in Article 18 in compliance withth e generalprinciples set out in the second indent of Article 3.
Article 16
1. Member States shall be authorized to make the entry into their
territory of products of animal origin referred to in Annexes I and II
and in the second and third indents of Article 3 which were produced
in the territory of a Member State and have passed through the territoryof a third country subject to production of an animal health or publichealth certificate certifying compliance with the requirements of thisDirective.
2. Member States which have recourse to the possibility laid down
in paragraph 1 shall so inform the Commission and the other MemberStates within the Standing Veterinary Committee set up by Decision68/361/EEC(
1).
Article 17
1. Annexes A and B to Directives 89/662/EEC and 90/425/EEC
shall be replaced by the texts set out in Annex III to this Directive.
2. Directive 77/99/EEC is hereby amended as follows:
— in Article 2 (b), point (iv) shall be deleted and points (v) and (vi)
shall become (iv) and (v) respectively;
— Article 6 (2) shall read:
‘2. Under the procedure laid down in Article 20, additional
conditions may be set for the other products of animal origin so asto ensure the protection of public health.’
Article 18
Where reference is made to the procedure provided for in this Article,
the Standing Veterinary Committee shall act in accordance with therules laid down in Article 17 of Directive 89/662/EEC.1992L0118 — EN — 01.07.1996 — 005.001 — 9
(1) OJ No L 255, 18. 10. 1968, p. 23.
▼B
Article 19
Under the procedure provided for in Article 18, transitional measures
may be adopted for a period of up to three years beginning on 1 July
1993 to facilitate the transition to the new arrangements established by
this Directive.
Article 20
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply withArticles 12 (2) and17 by 1 January 1993 and with the other requirements of this Directivebefore 1 January 1994. They shall forthwith inform the Commissionthereof.
When these measures are adopted by the Member States, they shall
contain a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The methods of
making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the fieldgoverned by this Directive.
3. The setting of the deadline for transposition into national law at 1
January 1994 shall be without prejudice to the abolition of veterinary
checks at frontiers provided for by Directives 89/662/EEC and 90/425/
EEC.
Article 21
This Directive is addressed to the Member States.1992L0118 — EN — 01.07.1996 — 005.001 — 10
▼B
ANNEX I
SPECIFICANIMALHEALTHREQUIREMENTS
CHAPTER I
Milk,milkproductsandcolostrumnotintendedforhumanconsumption
Intra-Community trade in and imports of milk, milk products and colostrum not
intended for human consumption are subject to the following conditions:
1. any container in which the product is transported must be marked to indicate
the nature of the product;
2. eachconsignment must be accompanied, as appropriate, by a commercial
document as referred to in the last indent of Article 4 (2) (a) or a health certi-
ficate as referred to in Article 10 (2) (c), bearing the name and the
registration number of the processing or treatment plant; the document or
certificate must be kept by the consignee for at least one year;
3. the documents and certificates referred to in paragraph 2 must show:
(a) in the case of raw milk or colostrum, that it has been produced under
conditions offering adequate guarantees as regards animal health. Such
conditions must be established in accordance with the procedure laid
down in Article 18;
(b) in the case of milk or treated or processed milk products, the milk or the
milk product has been subjected to a heat treatment of at least 72ºC for
at least 15 seconds or any combination of temperature and time having at
least an equivalent heat effect and producing a negative reaction to the
phosphatase test, followed by:
(i) in the case of dried milk or dried milk products, a drying process;
(ii) in the case of an acidified milk product, a process by which the pH
is reduced and kept for at least one hour at a level below 6,0;
(c) in the case of dried milk or dried milk products, the following require-
ments have been met:
(i) after completion of the drying process, every precaution has been
taken to prevent contamination of the product;
(ii) the final product has been packed in new containers;
(d) in the case of bulk containers, before the milk, milk product or colostrum
was loaded into any vehicle or container for conveyance to its destina-
tion, the said vehicle or container was disinfected using a product
approved by the competent authorities.
4. In addition to the requirements set out in points 1, 2 and 3, imports of milk,
milk products and colostrum not intended for human consumption may be
authorized only from third countries or parts of third countries included on
the lists provided for in Article 23 of Directive 92/46/EEC and meeting the
conditions set out in Article 26 of that Directive. Where a risk of introduction
of an exotic disease or any other risk to animal health is identified, additional
conditions for the protection of animal health may be established in accor-
dance withth e procedure laid down in Article 18.
CHAPTER 2
Animalcasings
A.Trade
Trade in animal casings is subject to production of a document specifying
the plant of origin which must be:
— where the casings are salted or dried at the point of origin and where
salted or dried casings are subsequently handled for other purposes, a
plant approved by the competent authority,
— in other cases, a plant approved in accordance with Directive 64/433/
EEC(1), provided the casings are transported in such a way as to avoid
contamination.1992L0118 — EN — 01.07.1996 — 005.001 — 11
(1) OJ No 121, 29. 7. 1964, p. 2012/64. Directive as last amended by Directive 91/497/
EEC (OJ No L 268, 24. 9. 1991, p. 69).▼M4
▼B
▼B
B.Imports from third countries
Imports of animal casings from any third country are subject to production
of the certificate referred to in Article 10 (2) (c), issued and signed by an
official veterinarian of the exporting third country, stating that:
(i) the casings come from plants approved by the competent authority of
the exporting country;
(ii) the casings have been cleaned, scraped and then either salted or
bleached (or as an alternative to salting or bleaching, that they have
been dried after scraping);
(iii) after the treatment in (ii), effective steps were taken to prevent the
recontamination of the casings.
CHAPTER 3
Hidesandskinsofungulates (1)notcoveredbyDirective64/433/EECor72/
462/EECandwhichhavenotundergonecertain tanningprocesses
I. A. The provisions of this chapter do not apply to:
— hides or skins of ungulates covered by Directive 64/433/EEC or 72/
462/EEC,
— hides or skins having undergone the complete process of tanning,— ‘wet blue’,
— ‘pickled pelts’,
— ‘limed hides’ (treated with lime and in brine at a pH of 12 to 13 for
at least eight hours).
B. Within the scope defined in A, the provisions of this chapter apply to
fresh, chilled and treated hides and skins.
For the purpose of this Decision, ‘treated hides and skins’ means hides
and skins which have been:
— dried, or
— dry-salted or wet-salted for at least 14 days prior to dispatch, or
— salted for seven days in sea salt withth e addition of sodium carbo-
nate to 2 %, or
— drying for 42 days at a temperature of at least 20 ºC, or
— preserved by a process other than tanning, to be determined in accor-
dance withth e procedure laid down in Article 18.
II.Intra-Community trade
A. Trade in fresh or chilled hides and skins is subject to the same animal
health conditions as those applicable to fresh meat pursuant to Directive
72/461/EEC.
B. Trade in treated hides and skins is authorized on condition that each
consignment is accompanied by a commercial document as provided
for in the last indent of Article 4 (2) (a) certifying that:
— the hides and skins have been treated in accordance with point I.B,
and
— the consignment has not been in contact with any other animal
product or live animals presenting a risk of spreading a serious trans-
missible disease.
III.Importations
A. Fresh or chilled hides and skins may only be imported from third coun-
tries or a part of a third country from which imports of all categories of
fresh meat of the corresponding species are authorized pursuant to
Community legislation.
B. Imports of fresh or chilled hides and skins must meet animal health
conditions to be determined in accordance withth e procedure laid
down in Article 18 and must be accompanied by an animal health certi-
ficate as provided for in Article 10 (2) (c).
C. Imports of treated hides or skins from the third countries listed in Part 1
of the Annex to Decision 79/542/EEC(
2) are authorized on condition
that each consignment is accompanied by a certificate of a model to be1992L0118 — EN — 01.07.1996 — 005.001 — 12
(1) ‘Hides and skins of ungulates’ means the integuments of ungulates.
(2) OJ No L 146, 14. 06. 1979, p. 15. Decision as last amended by Commission Decision
94/59/EC (OJ No L 27, 1. 2. 1994, p. 53).▼M2
▼M2
determined by the Commission in accordance with the procedure laid
down in Article 18, to the effect that:
(a) either where the hides or skins come from animals originating in a
region of a third country or in a third country not subject, pursuant
to Community regulations, to restrictions as a result of an outbreak
of a serious transmissible disease to which the animals of the
species concerned are susceptible, they have been treated in accor-
dance withpoint I.B;
or
where the hides or skins come from other regions of a third country
or other third countries, they are treated as laid down in point I.B,
third and fourth indents;
and
(b) the consignment has not been in contact with any other animal
product or withlive animals presenting a risk of spreading a serious
transmissible disease.
D. However, in the case of imports from any third country of hides or skins
of ruminants treated in accordance with point I.B and which have beenkept separate for 21 days or have undergone transport for 21 uninter-
rupted days, the certificate provided for in point C is replaced by a
declaration to the effect that or proving that those requirements have
been met, of a model to be determined by the Commission in accor-
dance withth e procedure laid down in Article 18.
CHAPTER 4
Pet food containing low-risk materials within the meaning of Directive 90/
667/EEC
1. Eachconsignment of petfood in h ermetically sealed containers must be
accompanied by a certificate issued and signed by an official veterinarian of
the country of origin stating that the product has been subjected to heat treat-
ment to a minimum Fc value of 3,0.
2. Each consignment of semi-moist petfood must be accompanied either by the
commercial document or by the certificate provided for in Article 13 (2) (b)
of Directive 90/667/EEC stating that:
(i) the raw materials of animal origin from which the petfood was manufac-
tured were obtained solely from healthy slaughtered animals, the meat
from which had been passed as fit for human consumption;
(ii) the ingredients of animal origin have been subjected to a heat treatment
of at least 90 ºC throughout their substance;
(iii) after processing, effective steps were taken to ensure that the consign-
ment was not exposed to recontamination.
3. Dried petfood must satisfy the following requirements:
(a) the raw materials from which the petfood was manufactured were low-
risk materials in accordance withArticles 2, 5 and 17 of Directive 90/
667/EEC;
(b) eachconsignment is accompanied by a commercial document or certifi-
cate provided for in Article 13 (2) (b) of Directive 90/667/EEC stating
that:
(i) the dried petfood consisted of products of slaughtered animals heat-
treated so as to achieve a temperature throughout their substance of
at least 90 ºC, on the understanding that the treatment was not
necessary for finished products the ingredients of which had under-
gone suchtreatment;
(ii) after heat treatment, every precaution was taken to ensure that the
product was not contaminated in any way prior to shipment;
(iii) the product is packed in new containers (bags or sacks);
(iv) the production process has been tested, with satisfactory results, in
accordance withCh apter III (2) of Annex II to Directive 90/667/
EEC.
4. Eachconsignment of products manufactured from processed h ides must be
accompanied by a commercial document or certificate provided for in Article
13 (2) (b) of Directive 90/667/EEC stating that the products have been
subjected to a heat treatment during processing sufficient to destroy patho-
genic organisms (including salmonella) and that effective steps were taken
after processing to prevent contamination of the products.1992L0118 — EN — 01.07.1996 — 005.001 — 13
▼B
▼B
CHAPTER 5
Bones and bone products (excluding bone meal), horns and horn products
(excludinghornmeal)andhoovesandhoofproducts(excludinghoofmeal)
Trade in and imports of the products in question are subject to the following
conditions:
A. where they are intended for human or animal consumption:
1. where trade is concerned, bones, horns and hooves are subject to the
animal health requirements laid down in Directive 72/461/EEC;
2. where trade is concerned, bone products, horn products and hoof products
are subject to the animal health requirements provided for in Directive
80/215/EEC(1);
3. where imports are concerned, bones, bone products, horns, horn products,
hooves and hoof products are subject to the requirements of Directive 72/
462/EEC(2);
B. where they are intended for uses other than human or animal consumption,
including those intended to be processed with a view to the manufacture of
gelatins:
1. Member States shall authorize the importation of bone and bone products
(excluding bone meal), horns and horn products (excluding horn meal)
and hooves and hoof products (exluding hoof meal) provided that:
(i) the products are dried before export and not chilled or frozen;
(ii) the products are conveyed only by land and sea from their country of
origin direct to a border inspection post in the Community and are
not transhipped at any port or place outside the Community;
(iii) following the document checks provided for in Directive 90/675/
EEC, the products are conveyed directly to the manufacturing plant;
2. eachconsignment must be accompanied by an undertaking from th e
importer that products imported under this chapter will not be diverted
for direct use in human or animal food.
A declaration to this effect must be presented to the official veterinarian
at the border inspection post at first point of entry of the goods into the
Community and be annotated by him, and thereafter shall accompany the
consignment to its destination.
3. under the procedure provided for in Article 18 of this Directive, in the
light of the animal health situations and guarantees as regards controls
on origin offered by a third country, derogations from some of these
requirements may be permitted.
CHAPTER 6
Processedanimalprotein
I. Without prejudice to any restrictions imposed as regards BSE or to the
restrictions on the feedings of ruminant protein to ruminants, trade in and
imports of processed animal protein are subject:
A. as regards trade:
— in processed animal protein intended for human foodstuffs, to the
production of the document or certificate provided for in Directive
77/99/EEC stating that the requirements of that Directive have been
complied with,
— in processed animal proteins intended for animal feedingstuffs, to
the production of the document or certificate provided for in Article
13 of Directive 90/667/EEC;
B. as regards imports:
1. to production of a health certificate as provided for in Article 10 (2)
(c), signed by the official veterinarian of the country of origin and
stating that:
(a) the product:
(i) where it is intended for animal consumption, has undergone
appropriate heat treatment with the result that it complies1992L0118 — EN — 01.07.1996 — 005.001 — 14
(1) OJ No L 47, 21. 2. 1980, p. 4. Directive as last amended by Directive 91/687/EEC (OJ
No L 377, 31. 12. 1991, p. 16).
(2) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Directive 91/688/EEC
(OJ No L 377, 31. 12. 1991, p. 18).
▼B
with the biological standards laid down in Annex II, Chapter
III to Directive 90/667/EEC;
(ii) where it is intended for human consumption, fulfils the
requirements of Directive 80/215/EEC;
(b) every precaution has been taken after treatment to prevent
contamination of the product treated;
(c) samples have been taken and tested for salmonella when the
consignment left the country of origin;
(d) the results of these tests are negative;
2. following document checks of the certificate referred to in 1, to
sampling by the competent authority at the border inspection post
without prejudice to point II:
(i) of eachconsignment of products submitted in bulk;
(ii) at random of consignments of products packaged in the manufac-
turing plant;
3. for release for free circulation in Community territory of consign-
ments of processed animal protein, to prove that the results of the
sampling carried out pursuant to B (1) (c) have proved negative, if
necessary after reprocessing;
C. national rules existing on the date of notification of this Directive
concerning the requirements applicable as regards BSE and scrapie for
animal proteins may be maintained pending a decision on the type of
heat treatment capable of destroying the agent responsible.
Trade in and imports of meat meal and bone meal remain subject to
Article 5 (2) of Directive 89/662/EEC and Article 11 (2) of Directive
90/675/EEC.
II. Member States may carry out random sampling of bulk consignments origi-
nating in a third country from which the last six consecutive tests have
proved negative. Where during one of these checks a result has proved posi-
tive, the competent authority of the country of origin must be informed so
that it can take appropriate measures to remedy the situation. These
measures must be brought to the attention of thecompetent authority respon-
sible for the import checks. In the event of a further positive result from the
same source, further tests must be carried out on all consignments from the
same source until the requirements laid down in the first sentence are again
satisfied.
III. Member States must keep records of the results of sampling carried out on
all consignments which have undergone sampling.
IV. In accordance withArticle 3 (3) of Directive 89/662/EEC, transh ipment of
consignments is permitted only through ports which have been approved
under the procedure laid down in Article 18, provided that a bilateral agree-
ment has been reached between Member States to allow checking of the
consignments to be deferred until they reach the border inspection post of
the Member State of final destination.
V. Where a consignment proves to be positive for salmonella, it is either:
(a) re-exported from the Community;
(b) used for purposes other than animal feeds. In this case, the consignment
may leave the port or storage depot only on condition that it is not
incorporated into animal feedingstuffs;
(c) re-processed in a treatment plant approved pursuant to Directive 90/
667/EEC or any plant approved for decontamination. Movement from
the port or storage depot shall be controlled by permit from the compe-
tent authority and the consignment shall not be released until it has
been treated, tested for salmonella by the competent authority in accor-
dance withAnnex II, Ch apter III, to Directive 90/667/EEC and a
negative result obtained.
CHAPTER 7
Bloodandbloodproductsofungulatesandpoultry
(withth e exception of serum from equidae)
I.Fresh blood and blood products intended for human consumption
A. Trade1. Trade in freshblood of ungulates and poultry intended for h uman consump-
tion is subject to the animal health conditions applicable to trade in fresh1992L0118 — EN — 01.07.1996 — 005.001 — 15
▼M6
▼M6
meat pursuant to Council Directives 72/461/EEC(1), 91/494/EEC(2) or 91/
495/EEC(3).
2. Trade in blood products intended for human consumption is subject to the
animal health conditions laid down in Chapter 11 of this Directive.
B. Imports
1. Imports of freshblood of domestic ungulates intended for h uman consump-
tion are prohibited pursuant to Council Directive 72/462/EEC(4).
Imports of freshblood of domestic poultry intended for h uman consumption
are subject to the animal health conditions laid down in Directive 91/494/
EEC.
Imports of freshblood of reared game intended for h uman consumption are
subject to the animal health conditions laid down in Chapter 11 of this
Annex.
2. Imports of blood products for human consumption, including those referred
to in Council Directive 77/99/EEC(5), are subject to the animal health condi-
tions applicable to meat products pursuant to Directive 72/462/EEC and this
Directive, without prejudice to the rules on blood-based processed animal
protein products referred to in Chapter 6 of this Annex.
II.Fresh blood and blood products not intended for human consumption
A. DefinitionsFor the purposes of this point, the following definitions shall applyblood:
— whole blood defined as ‘low-risk material’ within the meaning of Directive
90/667/EEC;
blood products:
— fractions of blood which may have undergone treatment other than that
provided for in Directive 90/667/EEC,
or
— blood which has undergone treatment other than that provided for in Direc-
tive 90/667/EEC;
products used for in vitro diagnosis:
— a packaged product, ready for use by the end user, containing a blood
product, and used as a reagent, reagent product, calibrator, kit or any other
system, whether used alone or in combination, intended to be used in vitrofor
the examination of samples of human or animal origin, with the exception of
donated organs or blood, solely or principally witha view to th e diagnosis of a
physiological state, state of health, disease or genetic abnormality or to deter-
mine safety and compatibility withreagents;
laboratory reagent:
— a packaged product, ready for use by the end user, containing a blood
product, and intended for laboratory use as a reagent or reagent product,
whether used alone or in combination;
full treatment:
— heat treatment at a temperature of 65 ºC for at least three hours, followed by
an effectiveness check,
or
— irradiation at 2,5 megarads or by gamma rays, followed by an effectiveness
check,
or
— change in pH to pH 5 for two hours, followed by an effectiveness check,
or
— the treatment provided for in Chapter 4 of this Annex,
or
— any other treatment or process to be laid down in accordance with the proce-
dure laid down in Article 18.1992L0118 — EN — 01.07.1996 — 005.001 — 16
(1) OJ No L 302, 31. 12. 1972, p. 24.
(2) OJ No L 268, 24. 9. 1991, p. 35.
(3) OJ No L 268, 24. 9. 1991, p. 41.
(4) OJ No L 302, 31. 12. 1972, p. 28.
(5) OJ No L 26, 31. 1. 1977, p. 85.
▼M6
B. Trade
Trade in blood and blood products is subject to the animal health conditions
laid down in Chapter II of this Directive and to the conditions laid down in
Directive 90/667/EEC.
C. Imports
1. Imports of blood are subject to the animal health conditions laid down in
Chapter 10 of this Annex.
2. (a) Imports of blood products are authorized provided that each consign-
ment is accompanied by a certificate, the form of which is to be fixed
pursuant to the procedure laid down in Article 18, certifying that:
— the products originate in a third country in which no case of foot-
and-mouth disease has been recorded within at least 24 months and
no case of vesicular stomatitis, swine vesicular disease, rinderpest,
peste des petits ruminants, Rift Valley fever, blue tongue, African
horse sickness, classical swine fever, African swine fever, Newcastle
disease or avian influenza has been recorded for 12 months in the
susceptible species and in which vaccination has not been carried
out against those diseases for at least 12 months. The health certifi-
cate may be made out according to the species of animal from which
the blood products are derived,
or
— in the case of blood products derived from bovine animals, they
originate in an area of a third country fulfilling the conditions set
out in the first indent from which imports of bovine animals, their
fresh meat or their sperm are authorized pursuant to Community
legislation. The blood from which such products are manufactured
must be from bovine animals from that area of the third country
and must have been collected:
— in slaughterhouses approved in accordance with Community
legislation,
or
— in slaughterhouses approved and supervised by the competent
authorities of the third country. The Commission and Member
States must be notified of the address and approval number of
such slaughterhouses,
or
— in the case of blood products derived from bovine animals, they have
undergone full treatment guaranteeing the absence of pathogens of
the bovine diseases referred to in the first indent,
or
— in the case of blood products derived from bovine animals, they
fulfil the conditions laid down in Chapter 10 of this Annex. In such
cases, the packaging may not be opened during storage and the
processing undertaking must carry out full treatment of the products
concerned.
(b) The specific conditions relating to imports of products for use in in vitro
diagnosis and laboratory reagents shall be established, where necessary,
in accordance withth e procedure laid down in Article 18.
III.General provisions
The detailed rules for the application of this Chapter are to be adopted,
where necessary, in accordance with the procedure laid down in Article 18.
CHAPTER 8
Serumfromequidae
1. In order to be the subject of trade, serum must come from equidae which
show none of the serious transmissible diseases referred to in Directive 90/
426/EEC(1) or of the serious transmissible diseases to which equidae are
susceptible and have been obtained in bodies or centres not subject to health
restrictions pursuant to that Directive.
2. Serum from equidae may be imported only if it comes from equidae born and
raised in a third country from which the importation of horses for slaughter is1992L0118 — EN — 01.07.1996 — 005.001 — 17
(1) OJ No L 224, 18. 8. 1990, p. 42. Directive as last amended by Decision 92/130/EEC
(OJ No L 47, 22. 2. 1992, p. 26).▼B
▼B
authorized and was obtained, processed and dispatched in conditions to be
specified under the procedure laid down in Article 18.
CHAPTER 9
Lardandrenderedfats
1. Member States shall authorize the importation into the Community of lard
and rendered fats from third countries appearing on the list annexed to Deci-
sion 79/542/EEC from which the importation of fresh meat of the species
concerned is permitted.
2. Where there has been an outbreak of a serious transmissible disease in the
previous 12 months before export in a country mentioned in paragraph 1,
eachconsignment of lard or rendered fats must be accompanied by a certifi-
cate referred to in Article 10 (2) of this Directive stating that:
A. the lard or rendered fats have been subjected to one of the following heat
treatment processes:
(i) at least 70 ºC for at least 30 minutes; or
(ii) at least 90 ºC for at least 15 minutes; or
(iii) a minimum temperature of 80 ºC in a continuous rendering system;
B. where the lard of rendered fats are packaged, they have been packed in
new containers and all precautions have been taken to prevent their
recontamination;
C. where bulk transport of the product is intended, the pipes, pumps and
bulk tank and any other bulk container tanks or bulk road tanker used in
the transportation of the products from the manufacturing plant either
directly on to the ship or into shore tanks or direct to establishments
were inspected and found to be clean before use.
CHAPTER 10
Raw material for the manufacture of animal feedingstuffs and pharmaceu-
ticalortechnical products
1. Raw material means freshmeat, glands, organs and oth er offal as well as
intestinal mucuses which are not intended for human consumption. Raw
material shall be regarded as fresh if it has only undergone refrigeration or
other treatment not resulting in sufficiently safe destruction of pathogenic
agents. The substances involved may only be low-risk substances within
the meaning of Directive 90/667/EEC.
2. Raw material must be accompanied by a commercial document or certifi-
cate, provided for in Article 13 (2) of Directive 90/667/EEC, or a
certificate complying with the model to be laid down under the procedure
provided for in Article 18 and must satisfy the requirements of Decision
92/183/EEC.
3. In trade the original of the health certificate or commercial document must
be submitted to the veterinary authorities responsible for the processing
plant and the intermediate storage warehouse — cold storage facility — or
sorting facility; in the case of imports into the Community, it must be
submitted to the border control authority.
4. The raw material must be transported directly to approved or registered
processing plants which meet the conditions laid down in Directive 90/
667/EEC or to cold-storage facilities approved for intermediate storage.
Prior to processing, raw material for manufacturing pharmaceuticals may
also be sorted and stored in facilities specially approved for the purpose by
the Member States. Member States shall inform the Commission of the
approval of suchsorting facilities.
5. The raw material may be transported to the processing plant only in water-
tight and properly sealed containers or vehicles. The legend ‘Only for the
manufacture of petfood’ or ‘Only for the manufacture of pharmaceuticals
or technical products’ must appear on the recipients and accompanying
documents, depending on the intended purpose. The name and address of
the consignee undertaking must appear on the containers and accompanying
papers.
6. The vehicles and containers used to transport the goods, together with all
items of equipment or appliances which have come into contact with the
untreated raw material, must be cleaned and disinfected. Packaging material
must be incinerated or disposed of by some other means in accordance with
instructions from the official veterinarian.
7. Intermediate storage of the raw material shall be permissible only in cold
storage facilities approved for the purpose, subject to authorization and1992L0118 — EN — 01.07.1996 — 005.001 — 18
▼B
under the supervision of the official veterinarian. The raw material must be
stored separately from other goods and in such a way as to prevent any
propagation of epizootic diseases.
8. At the processing plant the raw material shall be treated in such a way as to
kill any pathogenic agents and rule out any danger to domestic herds.
Removal of raw material from the plant for safe disposal in processing
plants approved or registered for the purpose in accordance with Directive
90/667/EEC shall be permissible only in exceptional cases and with the
authorization of the official veterinarian. The provisions of points 5, 6 and
9 shall apply correspondingly to the transportation of the raw material and
to the notification of the official veterinarian responsible for the processing
plant.
9. When the raw material is transported from the plant of origin, or beyond the
Community's external border:
— the official veterinarian responsible for the plant of origin in the case of
intra-Community trade, or
— the border inspection authority in the case of imports into the Commu-
nity
shall notify the official veterinarian responsible for the processing plant,
intermediate storage warehouse or sorting facility of that fact by means of
the ‘Animo system’, by telex or by fax.
10. Imports into the Community are also subject to the following provisions:
(a) Member States shall authorize the importation of raw material into the
Community only from third countries which appear on the list laid
down in Council Decision 79/542/EEC or in a special Commission
Decision on a specific raw material;
(b) following the border check the raw materials shall, under the supervi-
sion of the competent veterinary authority, be transported either
directly to an approved or registered processing plant which is under
the constant supervision of an official veterinarian and has given a guar-
antee that the raw materials will be used only for the permitted purpose
and that they will not leave the plant untreated, or to an approved inter-
mediate storage or approved sorting facility;
(c) the health certificate bearing the file mark of the border inspection
authority or a certified copy of that certificate must accompany the
goods until they reach the destination plant.
CHAPTER 11
Rabbitmeatandfarmedgamemeat
Member States shall ensure that rabbit meat and farmed game meat are imported
only if:
(a) they come from third countries included:
(i) for furred farm game, on the list of countries from which fresh meat of
the corresponding species may be imported pursuant to Directive 72/
462/EEC;
(ii) for feather farmed game, on the list of countries from which fresh poul-
trymeat may be imported pursuant to Directive 91/494/EEC(1);
(iii) for rabbit meat, on a list to be drawn up under the procedure laid down
in Article 18;
(b) they satisfy at least the requirements laid down in Chapters II and III
respectively of Directive 91/495/EEC(2);
(c) they come from establishments offering the guarantees provided for in (b)
and recognized under the procedure provided for in Article 18 or, pending
the list referred to in (a) (iii), from establishments approved by the compe-
tent authorities;
(d) each batch of meat is accompanied by the health certificate provided for in
Article 10 (2) (c).1992L0118 — EN — 01.07.1996 — 005.001 — 19
(1) OJ No L 268, 24. 9. 1991, p. 25.
(2) OJ No L 268, 24. 9. 1991, p. 41.
▼B
CHAPTER 12
Apicultureproducts
1. Apiculture products intended exclusively for use in apiculture:
(a) must not come from an area which is the subject of a prohibition order
associated withan occurrence of American foulbrood or acarioasis, if in
the case of acarioasis the Member State of destination has obtained addi-
tional guarantees in accordance withArticle 14 (2) of Directive 92/65/
EEC(1);
(b) must meet the requirements imposed by Article 8 (a) of Directive 92/65/
EEC.
2. Any derogations must be established, as necessary, under the procedure laid
down in Article 18 of this Directive.
CHAPTER 13
Gametrophies
A. Without prejudice to the measures adopted pursuant to Regulation (EEC)
3626/82(2), trade in and imports of game trophies:
(i) of ungulates and birds having undergone a complete taxidermy treatment
ensuring their preservation at ambient temperatures;
(ii) of species other than ungulates and birds;
shall not be subject to any ban or restriction for reasons of animal health.
B. Without prejudice to the measures adopted pursuant to Regulation (EEC)
No 3626/82, trade in and imports of game trophies of ungulates and birds
not having undergone the treatment mentioned in A (I) shall be subject to
the following conditions:
1. withregard to trade:
game trophies must either:— come from animals originating in an area not subject to restrictions as
a result of the presence of serious transmissible diseases to which
animals of the species concerned are susceptible,
or:
— comply with the conditions laid down in 2 (b) or (c) if they come
from animals originating in an area subject to restrictions as a result
of the presence of serious transmissible diseases to which animals of
the species concerned are susceptible;
2. withregard to imports:
(a) in respect of game trophies consisting of entire anatomical parts not
having been treated in any way:
the trophies must:
— come from animals in respect of which the import into the
Community of all categories of freshmeat of th e species
concerned which has not undergone any form of treatment is
authorized pursuant to Community rules,
— be packaged immediately, without being in contact with other
products of animal origin likely to contaminate them, in indivi-
dual, transparent and closed packages so as to avoid any
subsequent contamination,
— be accompanied by a veterinary certificate certifying that the
above conditions have been met.
Furthermore, during the taxidermy treatment, the waste which is not
part of the trophy must be destroyed;
(b) in respect of game trophies consisting solely of bone, horns, hooves,
claws, antlers or teeth:
the trophies must:— have been immersed in boiling water for an appropriate time so as
to ensure that any matter other than bone, horns, hooves, claws,
antlers or teethis removed,1992L0118 — EN — 01.07.1996 — 005.001 — 20
(1) OJ No L 268, 14. 9. 1992, p. 54.
(2) OJ No L 384, 31. 12. 1982, p. 1.▼M1
▼M1
— have been disinfected with a product authorized by the competent
authority in the country of dispatch, in particular with hydrogen
peroxide where parts consisting of bone are concerned,
— be packaged, immediately after treatment, without being in
contact withoth er products of animal origin likely to contaminate
them, in individual, transparent and closed packages so as to
avoid any subsequent contamination,
— be accompanied by a document or certificate certifying that the
above conditions have been met;
(c) in respect of game trophies consisting solely of hide or skin:
— the trophies must:
— have been either:
(i) dried;
or:
(ii) dry- or wet-salted for a minimum of 14 days before dispatch;
or:
(iii) preserved by a treatment other than tanning to be fixed
according to the procedure provided for in Article 18,
— be packaged, immediately after treatment, without being in
contact withoth er products of animal origin likely to contaminate
them, in individual, transparent and closed packages so as to
avoid any subsequent contamination,
— be accompanied by a document or certificate certifying that the
above conditions have been met.
CHAPTER 14
Manure
For the purposes of this Chapter manure means any excrement and/or urine of
cloven-hoofed animals, equidae and/or poultry, with or without litter, and guano.
I. Unprocessed manure
A.Trade in unprocessed manure
1. (a) Trade in unprocessed manure of species other than poultry or equidae is
prohibited, except for manure:
— from an area which is not subject to restrictions by virtue of a serious
transmissible disease, and
— intended for spreading, under the supervision of the competent autho-
rities, on land forming part of a single holding located on both sides
of the frontier of two Member States;
(b) However, in derogation to (a), a Member State may grant specific
approval for the introduction onto its territory:
— of manure intended for processing in an establishment specifically
approved for that purpose by the competent authorities with a view
to the manufacture of the products referred to under II below. When
such establishments are being approved, account is to be taken of the
origin of the manure, or
— of manure intended for spreading on a holding. Such trade can only
occur with the consent of the competent authorities of both the
Member State of origin and of destination. When giving consent,
account is to be taken in particular of the origin of the manure, its
destination and animal health and safety considerations.
In such cases the manure is to be accompanied by a health certificate that
conforms to the model laid down in the procedure provided for in Article
18.
2. Trade in unprocessed poultry manure is subject to the following conditions:
(a) the manure must originate in an area which is not subject to restrictions
by virtue of Newcastle disease or avian influenza;
(b) in addition, unprocessed, manure from poultry flocks vaccinated against
Newcastle disease must not be dispatched to a region which has obtained
Newcastle disease non-vaccinating status pursuant to Article 12 (2) of
Directive 90/539/EEC;
(c) the manure is to be accompanied by a health certificate that conforms to
the model laid down in the procedure provided for in Article 18.1992L0118 — EN — 01.07.1996 — 005.001 — 21
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3. Trade in unprocessed manure of equidae is not subject to any animal health
conditions.
B.Imports of unprocessed manure
Imports of unprocessed manure are subject to the following conditions:
1. the manure must satisfy, according to the species concerned, the requirements
under A (1) (a) above;
2. the manure must be accompanied by a certificate as provided for in Article
10.
II. Processed manure and processed manure products
All organic fertilizers must have been treated to ensure that the product is
pathogen-free.
A. Trade in processed manure and processed manure products is subject to the
following conditions:
1. they must come from an establishment approved by the competent autho-
rities;
2. they must:
— be free from salmonella (no salmonella in 25 g treated product),
— be free from enterobacteriaceae (based on the aerobic bacteria count:
< 1000 cfu per gram of treated product),
— have been subjected to reduction in spore-forming bacteria and toxin
formation;
3. they must be stored in such a way that, once processed, contamination or
secondary infection and dampness is impossible.
They must therefore be stored in:
— well-sealed and insulated silos, or
— properly sealed packs (plastic bags or ‘big bags’).
B. Imports of processed manure and processed manure products are subject to
the following conditions:
1. they must satisfy the requirements under A above;
2. they must be accompanied by a certificate as provided for in Article 10.
III. Guano
Trade in and imports of ‘guano’ are not subject to any animal health conditions.
CHAPTER 15
Unprocessedwool,hair,bristles,feathersandpartsoffeathers
1. Sheep's wool, ruminant hair and pig bristles shall be considered to be ‘unpro-
cessed’ if they have not undergone factory washing or been obtained from
tanning, and feathers and parts of feathers shall be considered ‘unprocessed’
if they have not been treated with a steam current or by some other method
ensuring that no pathogens are transmitted.
2. Unprocessed sheep's wool, ruminant hair, pig bristles, feathers and parts of
feathers (the goods) may only be traded in or imported if they are securely
enclosed in packaging and dry. However, trade in and imports of pig bristles
from countries or regions in which African swine fever is endemic are
prohibited except for pig bristles which:
(a) have been boiled, dyed or bleached; or
(b) have undergone some other form of treatment which is certain to kill
pathogenic agents, provided that evidence to this effect is submitted in
the form of a certificate from the veterinarian responsible for the place
of origin. Factory washing shall not be regarded as a form of treatment
for the purposes of this provision.
3. The provisions of this chapter shall not apply to trade or imports of decora-
tive feathers or feathers:
(a) carried by travellers for their private use; or
(b) which are the subject of trade in or imports into the Community in the
form of consignments sent to private individuals for non-industrial
purposes.1992L0118 — EN — 01.07.1996 — 005.001 — 22
▼B
▼B
4. The goods must be sent directly to the plant of destination or the warehouse
for storage in conditions such that any spread of pathogenic agents is
avoided.1992L0118 — EN — 01.07.1996 — 005.001 — 23
▼B
ANNEX II
SPECIFICPUBLICHEALTHCONDITIONS
CHAPTER 1
Importsfrom third countries of meat productsobtainedfrom poultrymeat,
farmedgamemeat,wildgamemeatandrabbitmeat
Member States shall ensure that meat products obtained from poultrymeat,
farmed game meat, wild game meat and rabbit meat are not imported unless:
(a) either they come from a third country listed in accordance with:
(i) Article 9 of Directive 91/494/EEC for poultrymeat;
(ii) Article 16 of Directive 92/45/EEC for wild game meat;
(iii) Chapter 2 of Annex I to this Directive for rabbit meat and farmed game
meat,
either they come from a third country listed in the Annex, Part I of Decision
79/542/EEC. In this case they must have undergone a heat treatment in a
sealed container, the Fovalue being equal or over 3,00. However for meat
products made from species other than swine, this treatment may be
replaced by a heat treatment which brings the internal temperature to at least
70 ºC.
(b) the fresh meat used meets the appropriate requirements of Article 14 of
Directive 71/118/EEC for poultrymeat, Article 16 of Directive 92/45/EEC
for wild game meat, Article 3 of Directive 91/495/EEC for rabbit meat and
Article 6 of that Directive for farmed-game meat;
(c) they come from an establishment offering the same guarantees as those
referred to in Directive 77/99/EEC and approved in accordance withth e
procedure provided for in Article 18 or, pending the adoption of such a
decision, by the competent authority of the Member State with imports of
these products remaining subject to the rules in Article 11 (2) of Directive
90/675/EEC;
(d) they are prepared, checked and handled in accordance with the appropriate
requirements provided for in Directive 77/99/EEC;
(e) eachconsignment of meat products is accompanied by a h ealthcertificate
established in accordance with the procedure provided for in Article 18.
CHAPTER 2
Before 1 January 1994, the health conditions applicable to the following shall be
established in accordance with the procedure laid down in Article 18:
— putting on the market in and imports of eggs and imports of egg products
intended for human consumption, without prejudice to the rules laid down
within the framework of the common organization of the market.
In respect of salmonella and pending the adoption of Community provisions,
the following rules shall apply for eggs intended for Finland and Sweden:
(a) consignments of eggs may be subject to additional general or limited
guarantees defined by the Commission following the procedure provided
for in Article 18;
(b) the guarantees provided for in (a) shall not be carried out for eggs origi-
nating in an establishment subject to a programme recognized as
equivalent to that referred to in (c), pursuant to the procedure provided
for in Article 18;
(c) the guarantees provided for in (a) shall apply only after approval by the
Commission of an operational programme to be presented by Finland
and Sweden. The Commission decisions must be taken before the date
of entry into force of the Accession Treaty in order for the operational
programmes and the guarantees provided for in (a) to be applicable as
from the date of entry into force of the Accession Treaty,
— the preparation of gelatins intended for human consumption,
— trade in and import of honey, frogs' legs and snails intended for human
consumption.1992L0118 — EN — 01.07.1996 — 005.001 — 24
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▼A1
▼B
▼B
ANNEX III
I
CONSOLIDATED VERSION OF ANNEXES A AND B TO DIRECTIVE
89/662/EEC
‘ANNEX A
VETERINARYLEGISLATION
CHAPTER I
— Council Directive 64/433/EEC of 26 June 1964 on health problems affecting
intra-Community trade in freshmeat (OJ No 121, 29. 7. 1964, p. 2012/64).
— Council Directive 71/118/EEC of 15 February 1971 on health problems
affecting trade in freshpoultrymeat (OJ No L 55, 8. 3. 1971, p. 23).
— Council Directive 72/461/EEC of 12 December 1972 on health problems
affecting intra-Community trade in freshmeat (OJ No L 302, 31. 12. 1972,
p. 24).
— Council Directive 77/99/EEC of 21 December 1976 on health problems
affecting intra-Community trade in meat products (OJ No L 26, 31. 1.
1977, p. 85).
— Council Directive 80/215/EEC of 22 January 1980 on animal health
problems affecting intra-Community trade in meat products (OJ No L 47,
21. 2. 1980, p. 4).
— Council Directive 88/657/EEC of 14 December 1988 laying down the
requirements for the production of, and trade in, minced meat, meat in
pieces of less than 100 grams and meat preparations (OJ No L 382, 31. 12.
1988, p. 3).
— Council Directive 89/437/EEC of 20 June 1989 on hygiene and health
problems affecting the production and the placing on the market of egg
products (OJ No L 212, 22. 7. 1989, p. 87).
— Council Directive 91/67/EEC of 28 January 1991 concerning the animal
health conditions governing the placing on the market of aquaculture
animals and products (OJ No L 46, 19. 2. 1991, p. 1).
— Council Directive 91/492/EEC of 15 July 1991 laying down the health
conditions for the production and the placing on the market of live bivalve
molluscs (OJ No L 268, 24. 9. 1991, p. 1).
— Council Directive 91/493/EEC of 22 July 1991 laying down the health
conditions for the production and the placing on the market of fishery
products (OJ No L 268, 24. 9. 1991, p. 15).
— Council Directive 91/494/EEC of 26 June 1991 on animal health conditions
governing intra-Community trade in and imports from third countries of
freshpoultrymeat (OJ No L 268, 24. 9. 1991, p. 35).
— Council Directive 91/495/EEC of 27 November 1991 concerning public
health and animal health problems affecting the production and placing on
the market of rabbit meat and farmed game meat (OJ No L 268, 24. 9.
1991, p. 41).
— Council Directive 92/45/EEC of 16 June 1992 on public health and animal
health problems relating to the killing of wild game and the placing on the
market of wild-game meat (OJ No L 268, 14. 9. 1992, p. 35).
— Council Directive 92/46/EEC of 16 June 1992 laying down the health rules
for the production and placing on the market of raw milk, heat-treated milk
and milk-based products (OJ No L 268, 14. 9. 1992, p. 1).
CHAPTER II
— Council Directive 92/118/EEC of 17 December 1992 laying down animal
health and public health requirements governing trade in and imports into
the Community of products not subject to the said requirements laid down
in specific Community rules referred to in Annex A (I) to Directive 89/
662/EEC and, as regards pathogens, to Directive 90/425/EEC (with the
exception of pathogens).1992L0118 — EN — 01.07.1996 — 005.001 — 25
▼B
ANNEX B
PRODUCTS NOT SUBJECT TO COMMUNITY HARMONIZATION,
BUT TRADE IN WHICH WOULD BE SUBJECT TO THE CHECKS
PROVIDEDFORBYTHISDIRECTIVE
Other products of animal origin included neither in Annex B to this Directive
nor in the Annex to Directive 90/425/EEC: these products will be defined under
the procedure laid down in Article 18.’
II
CONSOLIDATED VERSION OF ANNEXES A AND B TO DIRECTIVE
90/425/EEC
‘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 animals and swine (OJ No 121,
29. 7. 1964, p. 1977/64).
— Council Directive 88/407/EEC of 14 June 1988 laying down the animal
health requirements applicable to intra-Community trade in and imports of
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
conditions governing 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-
tions governing 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 requirements applicable to intra-Community trade in and imports of
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-
tions governing intra-Community trade in, and imports from 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 pathogens in feedstuffs of animal or
fishorigin 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 conditions governing the placing on the market of aquaculture
animals and products (OJ No L 46, 19. 2. 1991, p. 1).
— Council Directive 91/68/EEC of 28 January 1991 on animal health condi-
tions governing 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
animals during transport and amending Directives 90/425/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
requirements governing trade in and imports into 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).1992L0118 — EN — 01.07.1996 — 005.001 — 26
▼B
— For pathogens:
Council Directive 92/118/EEC of 17 December 1992 laying down animal health
and public health requirements governing trade in and imports into the Commu-
nity of products not subject to the said requirements laid down in specific
Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as
regards pathogens, to Directive 90/425/EEC.
CHAPTER II
ZOOTECHNICALLEGISLATION
— Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding
animals of the bovine species (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 conditions governing intra-Community trade in equidae (OJ
No L 224, 18. 8. 1990, p. 55).
— Council Directive 91/174/EEC of 25 March1991 laying down zootech nical
and pedigree requirements for the marketing of pure-bred animals (OJ No L
85, 5. 4. 1991, p. 37).1992L0118 — EN — 01.07.1996 — 005.001 — 27
▼B
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.’1992L0118 — EN — 01.07.1996 — 005.001 — 28