1972L0462 — EN — 22.12.1989 — 013.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M12COUNCIL DIRECTIVE
of 12December 1972
on health and veterinary inspection problems upon importation of bovine animals and swine and
fresh meat or meat products from third countries
(72/462/EEC) ◄
(OJ L 302, 31.12.1972, p. 28)
Amended by:
Official Journal
No page date
►M1Council Directive 73/358/EEC of 19 November 1973 L 326 17 27.11.1973
►M2Council Directive 74/387/EEC of 15 July 1974 L 202 36 24.7.1974
►M3Council Directive 75/379/EEC of 24 June 1975 L 172 17 3.7.1975
►M4Council Directive 77/98/EEC of 21 December 1976 L 26 81 31.1.1977
►M5Council Directive 81/476/EEC of 24 June 1981 L 186 20 8.7.1981
►M6Council Directive 83/91/EEC of 7 February 1983 L 59 34 5.3.1983
►M7Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M8Council Directive 86/469/EEC of 16 September 1986 L 275 36 26.9.1986
►M9Council Directive 87/64/EEC of 30 December 1986 L 34 52 5.2.1987
►M10Council Directive 88/289/EEC of 3 May 1988 L 124 31 18.5.1988
►M11Council Directive 88/657/EEC of 14 December 1988 L 382 3 31.12.1988
►M12Council Directive 89/227/EEC of 21 March 1989 L 93 25 6.4.1989
►M13Council Directive 89/662/EEC of 11 December 1989 L 395 13 30.12.1989
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 113 (72/462/EEC)
►C2Corrigendum, OJ L 211, 3.8.1983, p. 30 (83/91/EEC)
►C3Corrigendum, OJ L 189, 20.7.1988, p. 28 (88/289/EEC)
▼B
COUNCIL DIRECTIVE
of 12December 1972
on health and veterinary inspection problems upon importation of
bovine animals and swine and fresh meat or meat products from
third countries
(72/462/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles43 and 100 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament;Whereas the Community has issued regulations in respect of health
requirementsfor intra-Community trade in bovine animalsand s wine
and fresh meat;
Whereas it is necessary, as provided for in the aforesaid regulations, to
define Community provisions applicable to importation of such animals
and meat from third countries;
Whereas such provisions necessitate the drawing up of a list, valid for
the Community asa whole of third countriesor partsof third countriesfrom which animals and fresh meat may be imported, and establish-mentsfrom which fres h meat may be imported;
Whereas the choice of these countries and establishments must be
based on criteria of a general nature such as the state of health of thecattle, the organisation and powers of the veterinary services and the
health regulations in force; whereas, furthermore, it should be laid
down that the establishments must meet a certain number of specialstandards designed to guarantee that meat originating there satisfiesthe health requirements judged necessary by the Community;
Whereas, in addition, importation, either of animals or fresh meat,
should not be authorised from countries infected with contagiousanimal diseases from which the Community is free or from countries
which have been free from such infection for too short a period and
which consequently present a serious risk to Community herds;whereas these considerations are also valid for importation from thirdcountries in which vaccination against such diseases is carried out;
Whereasthe general conditionsapplicable to importation from all third
countries must be supplemented by special conditions drawn up on thebasis of the health situation in each of them; whereas owing to the
technical nature and the diversity of the criteria on which these special
conditions depend, there must, in order to define them, be recourse to aflexible and rapid Community procedure in which the Commission andthe Member Statescooperate clos ely;
Whereas the presentation of a standard form of certificate upon impor-
tation of animalscons titutesan effective meansof verifying that theCommunity regulationsare being applied; whereass uch regulationsmay include special provisions which may vary according to the third
country concerned, and whereasthismus t be taken into account in
drawing up the standard forms of certificate;
Whereas inspection carried out upon importation must also cover the
origin and the state of health of the animals;
Whereasthe Member Statesmus t be allowed, on the arrival of animals
in the territory of the Community and during transit to their place ofdestination, to take all measures, including slaughter and disposal,required for the purpose of safeguarding public and animal health;
Whereas it must be required that fresh meat comes from approved
establishments and the health and inspection requirements with which1972L0462 — EN — 22.12.1989 — 013.001 — 2
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▼B
▼B
the meat must comply, particularly during production, storage and
transportation, must be specified;
Whereas it is necessary that the Member States should adopt a common
attitude asregardsfres h meat the introduction of which into theCommunity isbanned for health reas onsand that, in particular, impor-tation of meat containing traces of substances which are harmful orlikely to render consumption thereof dangerous or injurious to human
health should be prohibited;
Whereasthe pres entation of a public health certificate and an animal
health certificate prepared by an official veterinarian of the exportingthird country isthe mos t appropriate method of guaranteeing that aconsignment of fresh meat is fit for importation;
Whereas fresh meat must, whatever the customs procedure under which
it isdeclared, undergo health ins pection upon reaching Communityterritory in order to prevent re-routing of meat unaccompanied by therequired certificates, coming from third countries from which importa-tion isnot authoris ed or which do not have a properly completed public
health certificate;
Whereas, in order to verify that the provisions of this Directive are
complied with by the exporting third country and to prevent importa-tion of meat dangerousto human health, the Member Statesmus tsubmit every consignment of fresh meat upon importation to health
and veterinary inspection which must be carried out by an official
veterinarian; whereas it must be laid down that, in order that suchimport inspection may be standardised, the rules for its application areto be adopted according to a procedure in which the Commission andthe Member Statescooperate clos ely;
Whereas each consignment of fresh meat admitted to a Member State
following the import inspection must; in the case of fresh meat re-routed to another Member State, with the exception of meat cut upafter importation in an approved cutting plant, be accompanied by acertificate officially stating that the prescribed import requirements
have been fulfilled;
Whereasins pection, both of animalsand of meat, iscarried out in the
general interests of the Community; whereas it should therefore bestipulated that the inspection be carried out in premises approved inaccordance with Community criteria and a Community procedure;
Whereasevery Member State mus t have the right to place an
immediate prohibition on importsfrom a third country when s uchimportsmay be dangerousfor public or animal health; whereasinsuch a case coordination of the attitudes of the Member States with
regard to this third country must be assured without delay, without
prejudice to possible amendments to the list of countries and establish-mentsauthoris ed to export to the Community;
Whereas Community veterinary experts should be instructed to verify
that the Directive isadhered to in third countrieses pecially;
Whereas, before the Community provisions so drawn up can enter into
force the Community must prepare a number of acts necessary for theiroperation and the Member States must make substantial changes totheir laws; whereas the implementation of these provisions shouldtherefore be carried out in stages,1972L0462 — EN — 22.12.1989 — 013.001 — 3
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HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
1. ThisDirective s hall apply to importsfrom third countriesof:
— domestic bovine animals and swine for breeding, production or
slaughter,
— fresh meat from domestic animals of the following species: bovine
animals (including buffaloes), swine, sheep and goats and fromdomestic solipeds,
— for the purposes of Article 3, fresh meat of cloven-hoofed wild
animals and wild solipeds, in so far as this concerns permitted
importation from certain third countriesof origin,
— meat products produced from fresh meat as defined in the second
indent, with the exception of fresh meat referred to in Article 5 of
Directive 64/433/EEC and in the corresponding provisions of
Article 20 of Directive 72/462/EEC.
2. ThisDirective s hall not apply to:
(a) animals intended exclusively for grazing or draught purposes, on a
temporary basis, in the vicinity of the Community frontiers;
(b) meat and meat productsother than thos e referred to in (e) forming
part of travellers' personal luggage and intended for their personalconsumption, in so far as the amount or quantity transported doesnot exceed one kilogram per person and provided that they comefrom a third country or part thereof appearing on the list drawn upin accordance with Article 3 and from which importation isnot
prohibited under Article 28;
(c) meat and meat products other than those referred to in (e) sent as
small packages to private persons, provided that such meat andmeat productsare not imported by way of trade, that the quantitydoesnot exceed one kilogram and that they come from a thirdcountry or part thereof appearing on the list drawn up in accor-
dance with Article 3 and from which importation isnot prohibited
under Article 28;
(d) meat and meat products for consumption by the crew and passen-
gerson board meansof trans port operating internationally.
Where such meat and meat products or their kitchen waste are
unloaded, they must be destroyed. It is not, however, necessary to
destroy meat or meat products when they are transferred, directly
or after being placed provisionally under customs supervision,from one meansof trans port to another;
(e) where quantitiesof no more than one kilogram are involved, meat
productshaving undergone heat treatment in a hermetically s ealedcontainer to a Fo value of 3,00 or more:
(i) forming part of travellers' personal luggage and intended for
their personal consumption;
(ii) sent as small packages to private persons, provided that such
meat productsare not imported by way of trade.
Article 2
For the purposes of this Directive, the definitions given in Articles 2 of
Directives64/432/EEC, 64/433/EEC and in Council Directive 72/461/EEC of 12 December 1972 on health and veterinary inspectionproblems upon importation of bovine animals and swine and freshmeat from third countries(
1), all these Directives, as last amended by1972L0462 — EN — 22.12.1989 — 013.001 — 4
(1) OJ No L 302, 31. 12. 1972, p. 24.▼M6
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Directive 87/489/EEC (1) and by Council Directive 77/99/EEC of 21
December 1976 on health problemsaffecting intra-Community tradein meat products(
2), aslas t amended by Directive 88/658/EEC (3), shall
apply as necessary.
However, the definitionsof poultrymeat appearing in Article 1 of
Directive 71/118/EEC shall not apply for the purposes of this Directive.
In addition,
(a) ‘official veterinarian’ meansthe veterinarian des ignated by the
competent central authority of a Member State or a third country;
(b) ‘country of destination’ means the Member State to which animals,
fresh meat or meat products are sent from a third country;
(c) ‘third country’ meansa country in which Directives64/432/EEC,
64/433/EEC and 77/99/EEC do not apply;
(d) ‘importation’ meansthe introduction into the territory of the
Community of animals, fresh meat or meat products from third
countries;
(e) ‘holding’ means an officially supervised agricultural, industrial or
commercial undertaking situated in the territory of a third country,
in which animalsfor breeding, production or s laughter are regularlykept or bred;
(f) ‘epizootic-free area’ meansan area in which, according to official
findings, the animals have not suffered from any of the contagiousor infectious diseases on the list drawn up in accordance with theprocedure laid down in Article 29, for a period and within a radiusdefined in accordance with the same procedure.
Article 3
1. The Council, acting on a proposal from the Commission, shall
draw up a list of the countries or parts thereof from which the Member
Statess hall authorize importation:
— of domestic bovine animals and swine for breeding, production or
slaughter,
— of fresh meat from domestic animals of the following species:
bovine animals (including buffaloes), swine, sheep and goats, ordomestic solipeds and meat products manufactured from or withthe said meat,
— of fresh meat of cloven-hoofed wild animals and wild solipeds,
taking into account the health situation in those countries or parts
thereof.
This list may be supplemented or amended according to the procedure
laid down in Article 30 in particular asregardsthe drawing-up of theheading concerning meat products, with a reference, where appropriate,to the animal species and, in the case provided for under Article 21a(2), to the required treatment.
2. In deciding, in the case of both bovine animals and swine and
fresh meat and meat products, whether a third country or part thereofmay appear on the list referred to in paragraph 1, particular accountshall be taken of:
(a) the state of health of the livestock, other domestic animals and
wildlife in the third country, particular attention being paid toexotic animal diseases and of the environmental health situation inthat country, which might endanger public and animal health in theMember States;
(b) the regularity and rapidity of the information supplied by the third
country relating to the existence of infectious or contagious animal1972L0462 — EN — 22.12.1989 — 013.001 — 5
(1) OJ No L 280, 31. 10. 1987, p. 28.
(2) OJ No L 26, 31. 1. 1977, p. 85.
(3) OJ No L 382, 31. 12. 1988, p. 15.
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diseases in its territory, in particular those diseases mentioned in
Lists A and B of the International Office of Epizootic Diseases;
(c) the country's rules on animal disease prevention and control;
(d) the structure of the veterinary services in the country and their
powers;
(e) the organization and implementation of measures to prevent and
control infectious or contagious animal diseases;
(f) that country's legislation on the use of substances, in particular
legislation concerning the prohibition or authorization ofsubstances, their distribution, release on to the market and theirrules covering administration and inspection.
3. For the purpose of deciding, in the case of meat products,
whether a country or part thereof can appear on the list referred to in
paragraph 1, account shall be taken of, inter alia, the guarantees
provided by the third country in regard to public health and animalhealth.
4. The list referred to in paragraph 1 and all amendments thereto
shall be published in the Official Journal of the European Commu-
nities.
Article 4
1. In accordance with the procedure laid down in Article 29, one or
more lists shall be drawn up of establishments from which MemberStates may authorize importation of fresh meat or meat products. Inaccordance with the detailed implementing rules to be established bythe Commission under the procedure laid down in Article 30, the listor lists may be amended or supplemented by the Commission in line
with the result of the inspections provided for in Article 5, of which it
has previously informed the Member States.
In the event of difficulties, the matter shall be referred to the
Committee in accordance with the procedure laid down in Article 29.
Before 1 January 1990, the Council shall review these provisions on
the basis of a Commission report.
2. In deciding whether a slaughterhouse, a cutting plant or an estab-
lishment engaged in the production of meat products or a cold store
situated outside a slaughterhouse or cutting plant or production plantmay appear on one of the lists referred to in paragraph 1, particularaccount shall be taken of:
(a) the guaranteeswhich the third country can offer with regard to
compliance with thisDirective;
(b) the third country'sregulationswith regard to the adminis tration to
animals for slaughter of any substance which might affect thewholesomeness of the meat and/or meat products;
(c) as regards fresh meat, compliance in each particular case with this
Directive and with Annex I to Directive 64/433/EEC.
However, derogationss hall be permitted, in accordance with the
procedure laid down in Article 29 of thisDirective, from the
second, third and fourth indents of paragraph 13 (c), and para-graphs24 and 41 (c) of Annex I of Directive 64/433/EEC wherethe third country concerned provides similar guarantees; in thatcase, health conditions no less strict than those imposed in that
Annex shall be imposed on a case-by-case basis in accordance
with that procedure;
(d) as regards meat products, compliance in each particular case with
the provisions of this Directive and with the relevant provisions of
AnnexesA and B to Directive 77/99/EEC;
(e) the organization of the meat inspection service or services of the
third country, the powers of this service or these services and thesupervision to which it or they is or are subject.1972L0462 — EN — 22.12.1989 — 013.001 — 6
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3. A slaughterhouse, a cutting plant, establishment engaged in the
production of meat products or a cold store situated outside a slaughter-house, cutting plant or production plant may not appear on the list or
lists provided for in paragraph 1 unless it is situated in one of the third
countriesor partsthereof on the lis t referred to in Article 3 (1) and if ithas, in addition, been officially approved for exports to the Communityby the competent authoritiesof the third country. Such approval s hallbe subject to observance of the following requirements:
(a) compliance with the relevant provisions of Annex I to Directive 64/
433/EEC or respectively Annexes A and B to Directive 77/99/EEC;
(b) constant supervision by an official veterinarian of the third country.
4. The list or lists referred to in paragraph 1 and all amendments
thereto shall be published in the Official Journal of the European
Communities .
Article 5
Inspection shall be carried out on the spot by veterinary experts of the
Member States and the Commission to verify whether the provisions ofthisDirective, and in particular Articles3 (2) and 4 (2) and (3), are
being applied in practice.
Should an inspection carried out within the terms of this Article bring
to light serious facts ►
C2 ◄against an approved estab-
lishment, the Commission shall immediately inform the Member States
and forthwith adopt a decision provisionally suspending the approval.
A final decision shall be taken according to the procedure providedfor in Article 30.
The experts from the Member States who are to be entrusted with these
inspections shall be appointed by the Commission, acting on a proposal
from the Member States.
These inspections shall be made on behalf of the Community, which
shall bear the cost of any expenditure incurred in this connection.
The frequency of and the procedure for these inspections shall be deter-
mined in accordance with the procedure laid down in Article 29.
CHAPTER II
Importation of bovine animals and swine
Article 6
Notwithstanding Article 3 (1), the Member States shall not authorize
importation of animalscovered by thisDirective unles sthey comefrom third countries:
(a) which have been free from those diseases to which the animals are
susceptible:
— for the previous 12 months, in respect of cattle plague, exotic
foot-and-mouth disease, contagious pleuro-pneumonia, blue-tongue, African swine fever and contagious porcine paralysis(Teschen disease),
— for the previous six months, in respect of contagious vesicular
stomatitis;
(b) in which during the preceding 12 monthsvaccination agains t the
diseases referred to in the first indent of (a) to which these animals
are susceptible has not been carried out.
Article 7
It may be decided, in accordance with the procedure set out in Article
29, that Article 6 (a) shall apply to only part of the territory of a third
country.
In accordance with the same procedure and by way of derogation from
Article 6 (b), the importation of animalscovered by thisDirective may,1972L0462 — EN — 22.12.1989 — 013.001 — 7
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on certain conditions, be permitted from third countries or parts thereof
where vaccinations against one or more of the diseases mentioned inthe first indent of Article 6 (a) are carried out.
Article 8
1. Without prejudice to Articles6 and 7, the Member Statess hall
not authorize importation of animalscovered by thisDirective from athird country unless such animals satisfy the animal health require-mentsadopted in accordance with the procedure laid down in Article29 for importationsfrom that country, according to the s peciesanddestination of the animals.
2. It may be decided, in accordance with the procedure laid down in
Article 29, that authorizations are to be confined to particular species,to animalsfor s laughter, breeding or production, or to animalsintendedfor particular purposes, or that all necessary animal health measures areto be applied after importation.
In the case of animals for breeding or production, requirements
imposed pursuant to this paragraph may vary from one Member State
to another in order to take account of the special provisions whichMember Statesenjoy in the framework of intra-Community trade.
3. The reference basis for fixing animal health conditions in accor-
dance with paragraph 1, for bovine tuberculosis and bovine and swinebrucellosis shall be the standards laid down in Annex A to Directive
64/432/EEC. It may be decided, in accordance with the procedure laid
down in Article 29, on a case-by-case basis to waive these conditionswhere the third country concerned providess imilar animal health guar-antees; in that case, animal health conditions at least equivalent tothose in Annex A to that Directive shall be laid down in accordancewith the same procedure in order to permit the entry of such animals
into Community herds.
Article 9
Where a Member State considers that the foot-and-mouth disease
vaccines used in a third country against the A, O or C viruses havecertain deficiencies, it shall prohibit the introduction into its territoryof bovine animals and swine from the third country concerned. It shallinform the other Member States and the Commission as soon as
possible of its decision and shall give grounds for this decision. The
Standing Veterinary Committee shall meet as soon as possible afterthis notification. A decision shall be taken in accordance with theprocedure laid down in Article 30.
Article 10
The Member Statess hall not authorize importation of bovine animals
or swine, unless on the day of loading for dispatch to the country ofdestination, these animals have remained continuously in the territory
or part of the territory of a third country on the list established in
accordance with Article 3 (1) for at least the previous:
(a) six months in the case of animals for breeding or production;
(b) three months in the case of animals for slaughter.
Animals which are less than six or three months old respectively shall
be required to have remained in that territory from birth.
Article 11
1. The Member Statess hall not authorize importation of bovine
animalsor s wine without the production of a certificate drawn up byan official veterinarian of the exporting third country.
Thiscertificate mus t:(a) be issued on the day of loading of the animals for dispatch to the
country of destination;1972L0462 — EN — 22.12.1989 — 013.001 — 8
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(b) be drawn up in at least one of the official languages of the Member
State of destination and one of those of the Member State in whichthe import inspection provided for in Article 12 is carried out;
(c) accompany the animalsin the original;(d) attest that the bovine animals and swine meet the requirements of
this Directive and those laid down pursuant to this Directive withregard to importation from third countries;
(e) consist of a single sheet of paper;(f) be made out for a single consignee.
2. This certificate must comply with a model established in accor-
dance with the procedure laid down in Article 29.
Article 12
1. The Member States shall ensure that domestic bovine animals and
domestic swine are subjected immediately upon arrival in the territory
of the Community to an animal health inspection carried out by an offi-cial veterinarian, whatever the customs procedure under which theywere declared.
2. The Member States shall ensure that bovine animals and swine
are prohibited from movement within the Community if, during theinspection prescribed in paragraph 1, it is found that:
— these animals do not come from the territory of a third country, or
part thereof, set out in the list drawn up in accordance with Article3 (1),
— these animals are, or are suspected of being, infected with or are
contaminated by an infectious or contagious disease,
— the conditionslaid down in thisDirective and in AnnexesA to D of
Directive 64/432/EEC have not been complied with by theexporting third country,
— the certificate accompanying the animalsdoesnot comply with the
conditionss et out in Article 11.
3. The Member State which hascarried out the ins pection
mentioned in paragraph 1 shall take such measures as it considers tobe necessary, including:
(a) — the placing in quarantine of animals which are suspected of
being infected with or contaminated by an infectiousor conta-gious disease;
— in the case referred to in the fourth indent of paragraph 2, at the
request of the consignor, the consignee or their representative,
keeping the animals under supervision pending clearance of
the certificate;
(b) the return of animalswhich cannot be admitted for movement in
accordance with paragraph 2, provided that thisisnot contrary toconsiderations of animal health.
Where it is not possible to return the animals, the competent
authority shall order their slaughter and designate the place ofslaughter.
(c) slaughter and destruction of all animals in the consignment in ques-
tion if the above-mentioned inspection shows evidence or suspicionof one of the epizootic diseases on the list established under the
procedure laid down in Article 29.
4. The certificate accompanying bovine animalsand s wine on
importation must, following the animal health inspection (importinspection), include a statement clearly indicating whether the animalshave been admitted or refused entry.
5. While the animalsare being taken acros sCommunity territory en
route to the Member State of destination, the Member States mayimplement the measures referred to in the first indent of paragraph 3(a) and in paragraph 3 (c) if the animals are, or are suspected of being,1972L0462 — EN — 22.12.1989 — 013.001 — 9
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infected with or are contaminated by an infectiousor contagious
disease.
6. Animalswhich have obtained an import authorization and the
destination of which is not the Member State which carried out theimport inspection laid down in paragraph 1, must be forwarded to the
country of destination under customs supervision without being
unloaded.
7. Animals which have satisfied the import inspection prescribed in
paragraph 1 shall undergo any further inspections necessary in the
country of destination in order to verify whether the requirements ofthisDirective, including the s pecial conditionslaid down under theprocedure provided for in Article 29 pursuant to Article 8, have beencomplied with.
These inspections may be carried out either at the frontier, or at any
other point designated by the competent authority of the country ofdestination or at both.
8. All expenditure incurred pursuant to this Article, including by the
slaughter or destruction of animals, shall be chargeable to theconsignor, consignee or their representative without compensation bythe State.
Article 13
Immediately upon arrival in the country of destination, the animals for
slaughter shall be taken directly to a slaughterhouse and, in accordancewith animal health requirements, be slaughtered not later than threeworking days after their entry into that slaughterhouse.
Without prejudice to any special conditions which may be set out in
accordance with the procedure laid down in Article 29, the competentauthority of the country of destination may, on animal health grounds,designate the slaughterhouse to which these animals must be taken.
CHAPTER III
Importation of fresh meat
Article 14
1. Fresh meat must come from animals which have remained for at
least three months before being slaughtered, or since birth if theanimals in question are less than three months old, in the territory, or
in part thereof, of a third country on the list drawn up in accordance
with Article 3 (1).
2. Notwithstanding Article 3 (1), the Member States shall not
authorize the importation of fresh meat unless it comes from third
countries:
(a) which, for the previous 12 months, have been free from those of
the following diseases to which the animals from which the meat
has come are susceptible: cattle plague, exotic foot-and-mouthdisease, African swine fever, contagious porcine paralysis (Teschendisease);
(b) in which no vaccinationshave been carried out for the previous12
months against the diseases mentioned under (a) to which the
animals from which the meat has come are susceptible.
Article 15
It may be decided, in accordance with the procedure set out in Article
29, that Article 14 (2) (a) shall apply to part only of the territory of athird country.
In accordance with the same procedure and by way of derogation from
Article 14 (2) (b), importation of fresh meat may be permitted, oncertain conditions, from a third country or part of the territory of thatthird country where vaccinationshave been carried out agains t one ormore of the diseases referred to in Article 14 (2) (a).1972L0462 — EN — 22.12.1989 — 013.001 — 10
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Article 16
Without prejudice to Articles14 and 15, the Member Statess hall not
authorize importation of fresh meat from a third country unless themeat complieswith the public health and animal health requirements
adopted in accordance with the procedure set out in Article 29 for
importation of fresh meat from that country according to the speciesof animal concerned.
Article 17
1. The Member States shall not authorize importation of fresh meat
in the form of carcases, including half-carcases in the case of swine,
and halves or quarters in the case of bovine animals and solipeds,unless it it possible to reconstruct the entire carcase of each animal.
2. Such importation shall be subject to the following conditions: the
fresh meat must
(a) have been obtained in a slaughterhouse included on the list estab-
lished in accordance with Article 4 (1);
(b) come from a slaughter animal inspected ante mortem by an official
veterinarian in accordance with Annex 1, Chapter V, of Directive
64/433/EEC and passed fit, as a result of such inspection for
slaughter for the purposes of export to the Community.
In accordance with the procedure laid down in Article 29, addi-
tional requirements adapted to the specific situation of countriesspecified by name with respect to certain diseases likely to
endanger human health may be decided on;
(c) have been treated in conditionsof hygiene in accordance with
Chapter VI of Annex I to Directive 64/433/EEC;
(d) have undergone a post-mortem inspection carried out under the
responsibility and direct control of an official veterinarian in accor-
dance with Chapter VII of Annex I to Directive 64/433/EEC, andhave shown no change except for traumatic lesions incurred shortlybefore slaughter, or localized malformations or changes, providedthat it is established, if necessary by appropriate laboratory tests,that these do not render the carcase and offal unfit for human
consumption or dangerous to human health.
In accordance with the procedure laid down in Article 29, addi-
tional requirements adapted to the specific situation of countriesspecified by name with respect to certain diseases likely toendanger human health may be decided on;
(e) bear a health mark to be decided in accordance with the procedure
laid down in Article 29. ►
C2The health mark must be applied in
accordance with Chapter X of Annex I of Directive 64/433/EEC;◄
(f) after post-mortem inspection carried out as laid down in (d), have
been stored in establishments and satisfactory hygienic conditionsand in accordance with Chapter XIII of Annex I to Directive 64/433/EEC;
(g) have been transported in accordance with Chapter XIV of Annex I
to Directive 64/433/EEC and undergone handling in satisfactory
conditionsof hygiene.
3. When carrying out the post-mortem inspection referred to in 2
(d), and when verifying compliance with the hygiene conditionsreferred to in 2 (c) and with the requirementsof Chapter XIII of AnnexI to Directive 64/433/EEC, the official veterinarian may be helped byassistants working under his responsibility.1972L0462 — EN — 22.12.1989 — 013.001 — 11
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These assistants must:
(a) be appointed by the competent central authority of the exporting
country, in accordance with the provisions in force;
(b) have appropriate training;
(c) enjoy a status guaranteeing their impartiality towards those running
the establishments;
(d) have no power of decision concerning the final result of the public
health inspection.
Article 18
1. By way of derogation from Article 17 (1), the Member States
may permit importation of:
(a) half-carcases, half carcases cut into no more than three wholesale
cuts, quarters or offal complying with the conditions set out inArticle 17 (2) and (3) from slaughterhouses designated for thispurpose in accordance with the procedure laid down in Article 29;
►
M10(b) cuts smaller than quarters or boned meat or offal or sliced
liversof bovine animalsfrom cutting plants ◄inspected pursuant
to Article 4 and approved for thispurpos e in accordance with theprocedure set out in Article 29. Such meat, in addition tocomplying with the conditionslaid down in Article 17 (2) and (3),shall comply with the following requirements:
(i) it must have been cut and obtained in compliance with the
provisions of Chapter VIII of Annex I to Directive 64/433/EEC,
(ii) it must have been inspected by an official veterinarian in
accordance with Chapter IX of Annex I to Directive 64/433/
EEC,
(iii) its packaging must comply with the requirements set out in
Chapter XI of Annex I to Directive 64/433/EEC,
(iv) it must undergo all inspections, carried out by Community
veterinarians, required to ensure that the abovementioned
provisions have been complied with,
(v) fresh meat of solipeds must undergo inspection by the country
of destination with a view to possible restrictions on the use ofsuch meat.
2. Article 20 (j) and (k) notwithstanding, Member States may
authorize importation into their territoriesof meat in piecesof les s
than 100 gramswithin the meaning of Article 2 (2) (b) of Directive88/657/EEC (
1) from masseter muscles and brains provided that they
comply with the requirementsof Article 17 (2) and with paragraph 1(b) (iii), (iv) and (v) of thisArticle and, asregardsmeat in piecesofless than 100 grams, with the conditions laid down in Directive 88/
657/EEC.
3. In accordance with the procedure laid down in Article 29 it may
be decided that, in establishments specially designated for this purpose,the meat may be cut while warm under special conditions other than
those laid down in paragraph 45 (c) of Chapter VIII of Annex I to
Directive 64/433/EEC.
4. The admission of sliced livers of animals other than of the bovine
species may be decided upon by the Council acting by a qualifiedmajority on a proposal from the Commission.1972L0462 — EN — 22.12.1989 — 013.001 — 12
(1) OJ NO L 382, 31. 12. 1988, p. 3.▼M11
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Article 19
Articles17 and 18 s hall not apply to:(a) fresh meat imported with the authorization of the country of desti-
nation for uses other than human consumption;
(b) fresh meat intended for exhibition or special studies or for analyses,
provided that administrative supervision makes it possible to ensurethat this meat is not used for human consumption, and provided
that when the exhibition finishes or when the special studies or
analyses have been carried out this meat, with the exception ofthat used during the analysis, is withdrawn from Community terri-tory or destroyed.
In this case and in the case referred to in (a), the country of desti-
nation shall ensure that the meat in question cannot be put to any
use other than that for which it was admitted into its territory;
(c) fresh meat intended exclusively for the supply of international
organizations, subject to approval in accordance with the procedurelaid down in Article 29 and provided that thismeat comesfrom athird country on the list drawn up in accordance with Article 3 (1)and that animal health requirementsare complied with. The
Member Statesin the territory of which the international organiza-
tions in question are located shall ensure that this meat is notplaced in free circulation.
The first subparagraph shall apply mutatis mutandis to meat products.
Article 20
The Member Statess hall prohibit the importation of:(a) fresh meat from boars or cryptorchid pigs;
►
M10(b) fresh meat:
(i) from animals to which hormonal substances prohibited under
Directives81/602/EEC and 88/146/EEC (1) have been adminis-
tered;
(ii) containing residues of hormonal substances authorized in
accordance with the exceptionsprovided for in Article 4 ofDirective 81/602/EEC and ►
C3Articles2 and 7 of Directive
88/146/EEC ◄, residues of antibiotics, pesticides, or of other
substances ◄which are harmful or likely to make the
consumption of fresh meat dangerous or hazardous to humanhealth, in so far as such residues exceed the permitted level.
Permitted levelss hall be fixed by the Council, acting on a
proposal from the Commission and may subsequently be
amended in accordance with the procedure laid down in Article29;
(c) fresh meat treated with ionizing or ultraviolet radiation, and fresh
meat from animalsto which tenderizersor other productslikely toadversely affect the meat's composition or organoleptic characteris-
ticshave been adminis tered;
(d) fresh meat to which substances other than those provided for in
paragraph 57 of Chapter X of Annex I to Directive 64/433/EEC,have been added for the purpose of health marking;
(e) fresh meat from animals which have been found to have any form
of tuberculosis whatsoever and fresh meat from animals which,
after slaughter, have been found to have any form of tuberculosiswhatsoever or to be carrying one or more ►
C2cysticerci ◄
bovisor ►C2cysticerci ◄cellulosae, live or dead, or, in the
case of swine, to have trichinae;
(f) fresh meat from animals slaughtered too young;1972L0462 — EN — 22.12.1989 — 013.001 — 13
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(g) parts of the carcase or offal with traumatic lesions incurred shortly
before slaughter or ►C2malformations, contaminations or
changes◄referred to in Article 17 (2) (d);
(h) blood;(i) minced meat, meat cut up in a similar manner and mechanically
recovered meat;
(j) fresh meat in pieces of less than 100 grams;(k) the heads of cattle, and parts of the muscular and other tissues of
the head, apart from the tongue ►
C2 ◄.
Article 21
The method and the proceduresrequired for detecting the pres ence of
trichinae in fresh meat of swine shall be laid down by the Council,acting on a proposal from the Commission.
CHAPTER IV
Imports of meat products
Article 21a
1. Without prejudice to paragraph 2, the meat productsmus t have
been prepared wholly or partly from fresh meat:
— satisfying the requirements of Articles 14 and 15, and any specific
animal health conditionslaid down purs uant to Article 16, or
— originating in a Member State, provided such fresh meat:
(i) satisfies the requirements of Articles 3 and 4 of Directive 80/
215/EEC without prejudice to the requirementsof Articles7and 10 of that Directive,
(ii) has been sent, under veterinary control, to the processing estab-
lishment either directly or following prior storage in anapproved cold-storage plant,
(iii) has, before processing, undergone inspection by an official
veterinarian to ensure that such fresh meat is still fit to undergo
processing in accordance with Directive 77/99/EEC.
2. However, Member Statesmay not refus e importsof meat
productsfrom a third country or a part thereof which appear under the‘Meat products’ heading on the list drawn up in accordance withArticle 3, but from which importsof fres h meat are not authorized or
are no longer authorized, provided that the productsin ques tion meet
the following requirements:
(i) they must come from an establishment which, having already
satisfied the general conditions for approval, has been grantedspecial approval for this type of product;
(ii) they must have been obtained from or with fresh meat as defined
in paragraph 1 or from meat coming from the producing country
which must:
— satisfy certain requirements of health policy to be drawn up in
each individual case, on the basis of the health situation of the
producing country under the procedure set out in Article 30,
— come from a slaughterhouse that is specifically approved for
the delivery of meat to the establishment referred to under (i),
— bear a special mark to be specified under the procedure laid
down in Article 29;
(iii) they must have undergone heat treatment in a hermetically sealed
container to a Fo value of 3,00 or more.
However, under the procedure laid down in Article 29, other typesof
treatment may be allowed on the basis of the animal health situationprevailing in the exporting country.1972L0462 — EN — 22.12.1989 — 013.001 — 14
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Article 21b
In addition to the requirementss et out in Article 21a, meat products
coming from third countriesmay be imported into the Communityonly if they satisfy the following requirements:
1. they must have been obtained in an establishment appearing under
the ‘Meat products’ heading on the list drawn up pursuant to Article4;
2. they must have come from an establishment meeting the relevant
requirementsof AnnexesA and B to Directive 77/99/EEC;
3. they must have been obtained in conditions of hygiene satisfying the
requirementsof Chapter II and points23 and 25 of Chapter III ofAnnex A to Directive 77/99/EEC;
4. they must have been obtained wholly from:
(a) fresh meat:
(i) from an establishment appearing on one of the lists drawn
up pursuant to Directive 64/433/EEC or this Directive;
(iii) satisfying requirements of Articles 17 and 18 of this Direc-
tive, and, in addition, meeting the conditionslaid down inpoints23 and 25 of Chapter III of Annex A to Directive
77/99/EEC;
(b) where Article 21a (2) applies, from meat satisfying the specific
requirementsfixed for the producing country in ques tion;
(c) meat products obtained in an establishment appearing either on
the list drawn up pursuant to Article 4 or on one of the lists
referred to in Article 7 of Directive 77/99/EEC;
5. they must meet the general requirements laid down by Directive 77/
99/EEC, and in particular:
(a) they must have undergone one of the treatments defined in
Article 2 (d) of Directive 77/99/EEC;
(b) they must have undergone inspection by an official veterinarian
in accordance with Chapter IV of Annex A to Directive 77/99/EEC and, where hermetically sealed, inspection pursuant to
requirements to be established in compliance with Chapter II of
Annex B to Directive 77/99/EEC.
In carrying out such inspection, the official veterinarian may be
aided by assistants reporting to him. Such assistants must:
(i) be appointed by the central competent authority of the
exporting country in accordance with the provisions in
force;
(ii) have received appropriate training;
(iii) have a legal status ensuring that they are independent of
those in charge of the establishments;
(iv) have no power of decision concerning the final result of the
inspection;
(c) in the event of wrapping and packaging, they must have been
wrapped and packaged in accordance with Chapter V of AnnexA to Directive 77/99/EEC;
(d) they must bear a public health stamp which meets the marking
conditionslaid down in Chapter VI of Annex A to Directive 77/
99/EEC, except for the initialsand s etsof initialsfor Member
Statesass pecified in point 39 (a), which are to be replaced bythe name of the third country of origin, accompanied by theveterinary authorization number of the establishment of origin;
(e) they must be stored and transported to the Community under
satisfactory conditions of hygiene in accordance with Chapter
VIII of Annex A to Directive 77/99/EEC and handled undersatisfactory conditions of hygiene; in the case of meat productsreferred to in Article 4 of that Directive, the producer must, forthe purposes of inspection, mark visibly and clearly on thepackaging of the product the temperature at which the product1972L0462 — EN — 22.12.1989 — 013.001 — 15
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must be transported and stored and the period for which it can
be stored in that condition;
6. they must not have been subjected to ionizing radiation.
CHAPTER V
Requirements applicable to both meat and meat products
Article 22
1. Member States shall not authorize fresh meat or meat products to
be imported without presentation of an animal health certificate and apublic health certificate drawn up by an official veterinarian of theexporting third country.
These certificates must:
(a) be drawn up in at least one of the official languages of the country
of destination and one of those of the Member State in which theimport inspections provided for in Articles 23 and 24 are carriedout;
(b) accompany the fresh meat or meat products in the original;
(c) consist of a single sheet of paper;
(d) be made out for a single consignee.
The animal health certificate must certify that the fresh meat or meat
productscomply with the animal health requirementslaid down in
this Directive and with those laid down pursuant to it with respect to
the importation of fresh meat or meat products from the third country.
2. The health certificate must correspond to a model established in
accordance with the procedure laid down in Article 29.
It may be decided in accordance with the same procedure and case by
case that this animal health certificate and the public health certificate
shall constitute a single sheet.
3. The public health certificate must correspond, in presentation and
content for fresh meat to the specimen appearing in Annex A and formeat products to the specimen appearing in Annex C, and be issued on
the day on which the fresh meat or meat products are loaded with a
view to dispatch to the country of destination.
Article 23
1. The Member States shall ensure that, upon arrival in the geogra-
phical territory of the Community, fresh meat or meat products aresubjected without delay to an animal health inspection carried out bythe competent authority, whatever the procedure under which they
were declared.
The detailed rules necessary to ensure that the inspection referred to in
thisparagraph iscarried out in a uniform manner s hall be adopted inaccordance with the procedure laid down in Article 29.
2. Without prejudice to paragraph 3, the Member States shall ensure
that importation isprohibited if thisins pection revealsthat:
— the meat or meat productsdo not come from the territory of a third
country, or from a part thereof, included on the list drawn up in
accordance with Article 3 (1),
— the meat or meat productscome from the territory of a third
country, or from a part thereof, from which importsare prohibitedin accordance with Articles14 and 28, but without prejudice toArticle 21a (2),
— the animal health certificate which accompaniesthe meat or meat
productsdoesnot comply with the conditionslaid down purs uantto Article 22 (1) and (2).1972L0462 — EN — 22.12.1989 — 013.001 — 16
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3. The Member States shall authorize fresh meat or meat products
from one third country to be transported to another provided that:
(a) the party concerned supplies proof that the first third country
towardswhich the meat or meat productsare being s ent, aftertransit through Community territory, undertakes under no circum-stances to reject or to send back to the Community the meat ormeat productsthe importation or trans it of which it hasauthorized;
(b) such transport has been previously authorized by the competent
authoritiesof the Member State in the territory of which the animalhealth inspection provided for in paragraph 1 is carried out;
(c) such transport is carried out, without the goods being unloaded on
Community territory, under the supervison of the competent autho-rities in vehicles or containers sealed by the competent authorities;the only handling authorized during this transport shall be thatcarried out respectively at the point of entry into or exit from
Community territory for direct transhipment from a ship or aircraft
to any other means of transport or vice versa.
4. All expenditure incurred pursuant to this Article shall be charge-
able to the consignor, the consignee or their representative withoutcompensation by the State.
Article 24
1. The Member States shall ensure that each consignment of fresh
meat or meat productsundergoesa public health ins pection beforebeing released for consumption on the geographical territory of theCommunity, and an animal health inspection, carried out by an officialveterinarian.
The Member States shall ensure that importers are obliged to give at
least two working days' notice to the local service responsible for theimport inspection at the post where the freh meat or meat productsare to be submitted for inspection, specifying the quantity and natureof the meat or the meat productsand the time from which the ins pec-tion may be carried out.
2. The public health inspection provided for in paragraph 1 shall be
carried out by random sampling in the case of imports covered by Arti-cles17 (1), 18 (1) and (2) and Articles21a and 21b. The purpos e ofthis inspection shall be in particular to verify, in accordance with para-graphe 3:
(a) the public health certificate, the compliance of the fresh meat or
meat productswith the s tipulationson that certificate, the healthmarking;
(b) the state of preservation, the presence of dirt or pathogenic agents;
(c) the presence of residues of substances referred to in Article 20;
(d) whether, with regard to fresh meat, slaughter and cutting or, with
regard to meat products, the production have been carried out inestablishments approved for that purpose;
(e) the conditionsof trans port.
3. There shall be adopted, in accordance with the procedure laid
down in Article 29, the implementing rules necessary to ensure thatthe inspections referred to in paragraph 1 are carried out in a uniformway, particularly asregardsthe application of Article 20, and more
particularly the methods of analysis and sampling intervals and stan-
dards.
4. The Member States shall prohibit the marketing of fresh meat or
meat productsif the ins pectionsprovided for in paragraph 1 haveshown that:
— the fresh meat or meat products are not suitable for human
consumption,
— the conditionslaid down in thisDirective and Annex I to Directive
64/433/EEC or AnnexesA and B to Directive 77/99/EEC have notbeen fulfilled,1972L0462 — EN — 22.12.1989 — 013.001 — 17
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— one of the certificatesreferred to in Article 22 which accompany
each consignment does not comply with the conditions laid downin the said Article.
5. If the fresh meat or meat products cannot be imported they must
be returned, unless this is contrary to animal or public health considera-tions.
If it is impossible to return the meat or meat products, they must be
destroyed in the territory of the Member State in which the inspections
have taken place.
By way of derogation from thisprovis ion and if the importer or if his
representative so requests, the Member State carrying out the animalhealth and public health inspections may authorize its entry for usesother than human consumption, provided that there is no danger for
humansor for animals , that the meat or meat productsare from a third
country included on the list drawn up in accordance with Article 3 (1)and that importation isnot prohibited under Article 28. Such meat ormeat productsmay not leave the territory of that Member State, whichmust verify the final destination of the meat or meat products.
6. In all cases, after the inspections referred to in paragraph 1, the
certificates must be endorsed so as to indicate clearly the use author-
ized for the meat or meat products.
Article 25
The fresh meat or meat products of each consignment authorized for
circulation in the Community by a Member State on the basis of theinspections referred to in Article 24 (1) must, when forwarded to the
country of destination, be accompanied by a certificate corresponding,
in presentation and content, to the specimen given in Annex B.
Thiscertificate mus t:(a) be drawn up by the competent official veterinarian at the inspection
post or at the place of storage;
(b) be issued on the day of loading for dispatch of the fresh meat or
meat productsto the country of des tination;
(c) be drawn up in at least one of the official languages of the country
of destination;
(d) accompany the consignment of fresh meat or meat products in the
original.
Article 26
All expenditure incurred asa res ult of the application of Articles24
and 25, and in particular the costs of inspection of the fresh meat ormeat products, storage costs and the cost of destroying such meat or
meat products shall be chargeable to the consignor, the consignee or
their representative without compensation by the State.
CHAPTER ►M12VI◄
Common provisions
Article 27
1. The Member Statess hall draw up and communicate to the
Commission the lists of:
(a) the frontier inspection posts for the importation of bovine animals
and swine;1972L0462 — EN — 22.12.1989 — 013.001 — 18
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(b) the inspection posts for importation of fresh meat or meat products.
These inspection posts must be approved in accordance with the proce-
dure laid down in Article 29.
2. In order for the frontier inspection posts referred to in paragraph
1 (a) to be approved, they must in particular have available the facil-ities necessary for carrying out the inspection referred to in Article 12
(1), and for disinfection, disposal of waste fodder, litter, dung, urine
and all other waste.
3. In order for the inspection posts referred to in paragraph 1 (b) to
be approved, they must have at their disposal at least:
(a) inspection rooms large enough to enable inspections to be carried
out in the normal way;
(b) adequate cooling and freezing rooms;
(c) an adequate thawing room;
(d) a laboratory.
4. Responsibility for the inspections shall be assumed by an official
veterinarian. The latter may be helped in carrying out purely practical
tasks by assistants specially trained for the purpose.
Detailed rules governing this assistance shall be adopted in accordance
with the procedure laid down in Article 29.
5. Veterinary expertss hall verify that the facilitiesat the approved
inspection posts comply with the conditions of this Article and thatinspections are carried out in accordance with this Directive.
These experts must be nationals of a Member State other than the
Member State in which the post to be checked is located.
The conditionsof application of thisparagraph, and in particular the
appointment of the veterinary expertsand the verification procedures ,shall be determined in accordance with the procedure laid down inArticle 29.
6. All the expenditure incurred in application of the first subpara-
graph of paragraph 5 shall be borne by the Community.
Article 28
1. Without prejudice to Article 6, if an infectiousor contagious
animal disease likely to endanger the health of livestock of one of the
Member Statesbreaksout or s preadsin a third country or if any otherreason connected with animal health justifies it, the Member Stateconcerned shall prohibit the importation of animals of the speciescovered by thisDirective, whether imported directly or indirectlythrough another Member State, from either the whole of the third
country or part of itsterritory.
2. Without prejudice to Article 14 and Article 21 a (2), if an infec-
tious or contagious animal disease breaks out or spreads in a third
country included on the list drawn up in accordance with Article 3 (1)and the disease can be carried by fresh meat or meat products and islikely to endanger public health or the health of the livestock in oneof the Member Statesor if any other reas on connected with animal
health justifies it, the Member State concerned shall prohibit the impor-
tation of that meat or meat productswhether imported directly orindirectly through another Member State, either from the whole of thethird country or from part of itsterritory.
3. Measures taken by the Member States under paragraphs 1 and 2,
and notice of the withdrawal of such measures, must be communicatedimmediately to the other Member States and the Commission, togetherwith the reasons therefor.1972L0462 — EN — 22.12.1989 — 013.001 — 19
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The Standing Veterinary Committee shall meet as soon as possible
after such communication and shall decide, in accordance with theprocedure laid down in Article 30, whether these measures should be
amended, in particular in order to ensure their coordination with
measures adopted by the other Member States, or withdrawn.
If the situation envisaged in paragraphs 1 and 2 arises and if it appears
necessary that other Member States should also apply the measures
taken pursuant to those paragraphs, amended where necessary in accor-dance with the preceding subparagraph, appropriate measures shall beadopted under the procedure laid down in Article 30.
4. Resumption of importation from the third country concerned shall
be authorized in accordance with the same procedure.
Article 29
1. Where the procedure laid down in thisArticle isto be us ed,
matterss hall without delay be referred by the Chairman, either on hisown initiative or at the request of a Member State, to the StandingVeterinary Committee (hereinafter called ‘Committee’) set up by the
Council Decision of 15 October 1968.
2. Within the Committee the votesof Member Statess hall be
weighted asprovided in Article 148 (2) of the Treaty. The Chairman
shall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion on
such measures within two days. Opinions shall be delivered by a
majority of ►
M7fifty-four ◄votes.
4. The Commission shall adopt the measures and shall apply them
immediately where they are in accordance with the opinion of the
Committee. If they are not in accordance with the opinion of theCommittee or if no opinion is delivered, the Commission shall withoutdelay submit to the Council the measures to be adopted.
The Council shall adopt the measures by a qualified majority.
If, within three monthsfrom the date on which the propos al was
submitted to it, the Council has not adopted any measures, the
Commission shall adopt the proposed measures and apply them imme-diately, save where the Council has decided by a simple majorityagainst those measures.
Article 30
1. Where the procedure laid down in thisArticle isto be us ed,
matterss hall without delay be referred by the Chairman, either on his
own initiative or at the request of a Member State, to the Standing
Veterinary Committee (hereinafter called the ‘Committee’) set up bythe Council Decision of 15 October 1968.
2. Within the Committee the votesof the Member Statess hall be
weighted asprovided in Article 148 (2) of the Treaty. The Chairmanshall not vote
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion onsuch measures within two days. Opinions shall be delivered by amajority of ►
M7fifty-four ◄votes.
4. The Commission shall adopt the measures and shall apply them
immediately where they are in accordance with the opinion of theCommittee. Where they are not in accordance with the opinion of theCommittee or if no opinion is delivered, the Commission shall withoutdelay submit to the Council a proposal regarding the measures to be
adopted. The Council shall adopt the measures by a qualified majority.
If, within fifteen days of the date on which the proposal was submitted
to it, the Council has not adopted any measures, the Commission shall1972L0462 — EN — 22.12.1989 — 013.001 — 20
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▼B
adopt the proposed measures and apply them immediately, save where
the Council has decided by a simple majority against those measures.
Article 32
1. The Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this Directiveand itsAnnexes :
(a) not later than 1 October 1973 asregardsthe provis ionsof Article
23 (1) and (3) (a), (b) and (c);
(b) not later than 1 January 1976 as regards all the other provisions,
except those which make provisions for a Community procedure.
2. They shall comply with provisions involving a Community proce-
dure laid down by the Directive not later than 1 January 1977.
However a minimum of two years must pass between the adoption of
the measures adopted under these provisions and the date mentionedabove.
3. On the date laid down in paragraph 2, Articles4 and 11 of the
Council Directive of 26 June 1964, on animal health problems
affecting intra-Community trade in bovine animalsand s wine, andArticle 9 of the Council Directive of 26 June 1964, on health problemsaffecting intra-Community trade in fresh meat, shall be revoked.
Article 32a
1. ThisDirective s hall not apply to importsfrom third countriesof
fresh meat referred to in the third indent of Article 1 (1) or meat
products thereof until the entry into force of the Commission Deci-
sion(s) adopted, in accordance with the procedure set out in Article29, for the purpose of making the necessary adjustments to the listreferred to in Article 3.
2. National lawson public health s hall continue to apply to imports
of fresh meat or meat products, referred to in paragraph 1, from thirdcountriesuntil the entry into force of Community ruleson thiss ubject.
Article 33
When applying Articles8 and 16, the conditionslaid down in accor-
dance with the procedure of Article 29 for importseffected by certainMember States must be at least as strict as those which the sameMember Statesapply in the framework of intra-Community trade.
Article 34
This Directive shall not affect the rights and obligations resulting from
animal health Agreementsconcluded between one or more MemberStatesand one or more non-Member Statesbefore the date on which
thisDirective isadopted.
To the extent that these Agreements are not compatible with this Direc-
tive, the Member State or States concerned shall avail themselves of allappropriate meansto remove the incompatibilitiesnoted.
Article 35
This Directive is addressed to the Member States.1972L0462 — EN — 22.12.1989 — 013.001 — 21
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ANNEX A
SPECIMEN
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ANNEX B
SPECIMEN
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ANNEX C
SPECIMEN
1972L0462 — EN — 22.12.1989 — 013.001 — 25
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