1972L0462 — EN — 06.05.1988 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of12December 1972
onhealthandveterinary inspection problemsuponimportation ofbovineanimalsandswineand
freshmeatfromthirdcountries
(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
Amended by:
►A1Act of Accessionof Greece L 291 17 19.11.1979
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, 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
COUNCILDIRECTIVE
of12December 1972
on health and veterinary inspection problems upon importation of
bovineanimalsandswineandfreshmeatfromthirdcountries
(72/462/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;Whereas the Community has issued regulations in respect of health
requirements for intra-Community trade in bovine animals and swineand 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 as a whole of third countries or parts of third countriesfrom which animals and fresh meat may be imported, and establish-ments from which fresh 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 the
cattle, the organisation and powers of the veterinary services and thehealth regulations in force; whereas, furthermore, it should be laiddown 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 countrieswhich have been free from such infection for too short a period andwhich consequently present a serious risk to Community herds;whereas these considerations are also valid for importation from third
countries in which vaccination against such diseases is carried out;
Whereas the general conditions applicable to importation from all third
countries must be supplemented by special conditions drawn up on thebasis of the health situationineach of them; whereas owin g to thetechnical nature and the diversity of the criteria on which these specialconditions depend, there must, in order to define them, be recourse to a
flexible and rapid Community procedure in which the Commission and
the Member States cooperate closely;
Whereas the presentation of a standard form of certificate upon impor-
tation of animals constitutes an effective means of verifying that theCommunity regulations are being applied; whereas such regulationsmay include special provisions which may vary according to the third
country concerned, and whereas this must 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;
Whereas the Member States must be allowed, onthe arrival of an imals
in the territory of the Community and during transit to their place of
destination, 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 whichthe meat must comply, particularly during production, storage andtransportation, must be specified;1972L0462 — EN — 06.05.1988 — 010.001 — 2
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Whereas it is necessary that the Member States should adopt a common
attitude as regards fresh meat the introduction of which into theCommunity is banned for health reasons and that, in particular, impor-
tation of meat containing traces of substances which are harmful or
likely to render consumption thereof dangerous or injurious to humanhealth should be prohibited;
Whereas the presentation of a public health certificate and an animal
health certificate prepared by an official veterinarian of the exportingthird country is the most appropriate method of guaranteeing that aconsignment of fresh meat is fit for importation;
Whereas fresh meat must, whatever the customs procedure under which
it is declared, undergo health inspection upon reaching Communityterritory in order to prevent re-routing of meat unaccompanied by the
required certificates, coming from third countries from which importa-
tion is not authorised or which do not have a properly completed publichealth certificate;
Whereas, inorder to verify that the provision s of this Directive are
complied with by the exporting third country and to prevent importa-tionof meat dan gerous to humanhealth, the Member States mustsubmit every consignment of fresh meat upon importation to healthand veterinary inspection which must be carried out by an officialveterinarian; whereas it must be laid down that, in order that such
import inspection may be standardised, the rules for its application are
to be adopted according to a procedure in which the Commission andthe Member States cooperate closely;
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 beenfulfilled;
Whereas inspection, both of animals and of meat, is carried out in the
general interests of the Community; whereas it should therefore be
stipulated that the inspection be carried out in premises approved in
accordance with Community criteria and a Community procedure;
Whereas every Member State must have the right to place an
immediate prohibitiononimports from a third coun try whensuchimports may be dangerous for public or animal health; whereas insuch a case coordination of the attitudes of the Member States withregard to this third country must be assured without delay, withoutprejudice to possible amendments to the list of countries and establish-
ments authorised to export to the Community;
Whereas Community veterinary experts should be instructed to verify
that the Directive is adhered to inthird coun tries especially;
Whereas, before the Community provisions so drawn up can enter into
force the Community must prepare a number of acts necessary for their
operation and the Member States must make substantial changes to
their laws; whereas the implementation of these provisions shouldtherefore be carried out instages,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
1. This Directive shall apply to imports from third countries of:
— domestic bovine animals and swine for breeding, production or
slaughter,1972L0462 — EN — 06.05.1988 — 010.001 — 3
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— fresh meat from domestic animals of the following species: bovine
animals (including buffalo), 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 countries of origin.
2. This Directive shall 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 forming part of travellers' personal luggage and intended for
their personal consumption, in so far as the amount or quantitytransported does noet exceed one kilogram per person and providedthat the meat comes from a third country or part thereof appearingon the list drawn up in accordance with Article 3 and from which
importation is not prohibited under Article 28;
(c) meat sent as small packages to private persons, provided that such
meat is not imported by way of trade, that the quantity does notexceed one kilogram and that the meat comes from a third countryor part thereof appearing on the list drawn up in accordance with
Article 3 and from which importation is not prohibited under
Article 28;
(d) meat for consumption by the crew and passengers on board means
of transport operating internationally.
Where meat of this kind or kitchen waste is unloaded, it must be
destroyed. It is not, however, necessary to destroy meat when it is
transferred, directly of after being placed provisionally undercustoms supervision, from one means of transport to another.
Article 2
For the purposes of this Directive, the definitions given in Articles 2 of
Directives 64/432/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 by
Directive 81/476/EEC, shall apply as necessary.
Inaddition ,(a) ‘official veterinarian’ means the veterinarian designated by the
competent central authority of a Member State or a third country;
(b) ‘country of destination’ means the Member State to which animals
or fresh meat are sent from a third country;
(c) ‘third country’ means a country in which Directives 64/432/EEC
and 64/433/EEC do not apply;
(d) ‘importation’ means the introduction into the territory of the
Community of animals or fresh meat from third countries;
(e) ‘holding’ means an officially supervised agricultural, industrial or
commercial undertaking situated in the territory of a third country,in which animals for breeding, production or slaughter are regularlykept or bred;
(f) epizootic-free area” means an 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 downinArticle 29, for a period an d withina 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 third countries or parts thereof from which theMember States shall authorize importation of bovine animals, swine1972L0462 — EN — 06.05.1988 — 010.001 — 4
(1) OJ No L 302, 31. 12. 1972, p. 24.
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and fresh meat, or one or more of these categories of animals and fresh
meat, and of fresh meat of cloven-hoofed wild animals and wild soli-peds, taking into account the health situation in these countries or parts
thereof. This list may be supplemented or amended according to the
procedure laid downinArticle 30.
2. In deciding, in the case of both bovine animals and swine and
fresh meat, whether a third country or part thereof may appear on thelist referred to inparagraph 1, particular accoun t shall be takenof:
(a) the state of health of the livestock, other domestic animals and
wildlife in the third country, particular attention being paid to
exotic 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 animaldiseases in its territory, in particular those diseases mentioned inLists 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 of
substances, their distribution, release on to the market and their
rules covering administration and inspection.
3. The list referred to in paragraph 1 and all amendments thereto
shall be published inthe 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 drawnup of establishmen ts from which Member
States may authorize importationof fresh meat. ►
M10Inaccordan ce
with the detailed implementing rules to be established by the Commis-sionun der the procedure laid downinArticle 30, the list or lists maybe amended or supplemented by the Commission in line with the resultof the inspections provided for in Article 5, of which it has previouslyinformed the Member States.
Inthe even t of difficulties, the matter shall be referred to the
Committee inaccordan ce with the procedure laid downinArticle 29.
Before 1 January 1990, the Council shall review these provisions on
the basis of a Commissionreport. ◄
2. In deciding whether a slaughterhouse, a cutting plant or a store
situated outside a slaughterhouse or plant may appear on one of the
lists referred to inparagraph 1, particular accoun t shall be takenof:
(a) the guarantees which the third country can offer with regard to
compliance with this Directive;
(b) the third country's regulations with regard to the administration to
animals for slaughter of any substance which might affect the
wholesomeness of the meat;
(c) compliance in each particular case with this Directive and with
Annex I to Directive 64/433/EEC.
However, derogations shall be permitted, in accordance with the
procedure laid down in Article 29, from the second, third andfourth indents of paragraph 13 (c), and paragraphs 24 and 41 (C)of the said Annex, where the third country concerned provides1972L0462 — EN — 06.05.1988 — 010.001 — 5
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similar guarantees; in that case, health conditions no less strict than
those imposed in that Annex shall be imposed on a case-by-casebasis inaccordan ce with that procedure;
(d) the organization of the meat inspection service or services of the
third country, the powers of this service or these services and thesupervisionto which it or they is or are subject.
3. A slaughterhouse, a cutting plant or a store situated outside a
slaughterhouse or cutting plant may not appear on the list or listsprovided for inparagraph 1 un less it is situated inon e of the thirdcountries or parts thereof on the list referred to in Article 3 (1) and ifit has, inaddition , beenofficially approved for exports to the Commu-
nity by the competent authorities of the third country. Such approval
shall be subject to observance of the following requirements:
(a) compliance with Annex I to Directive 64/433/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 inthe 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 ofthis Directive, and in particular Articles 3 (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 Statesand forthwith adopt a decision provisionally suspending the approval.A final decision shall be taken according to the procedure providedfor inArticle 30.
The experts from the Member States who are to be entrusted with these
inspections shall be appointed by the Commission, acting on a proposalfrom 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
Importationofbovineanimalsandswine
Article 6
Notwithstanding Article 3 (1), the Member States shall not authorize
importation of animals covered by this Directive unless they come
from third countries:
(a) which have beenfree from those diseases to which the an imals 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(Teschendisease),
— for the previous six months, in respect of contagious vesicular
stomatitis;
(b) in which during the preceding 12 months vaccination against the
diseases referred to in the first indent of (a) to which these animalsare susceptible has not been carried out.1972L0462 — EN — 06.05.1988 — 010.001 — 6
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Article 7
It may be decided, inaccordan ce with the procedure set out inArticle
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 importationof an imals covered by this Directive may,on certain conditions, be permitted from third countries or parts thereofwhere vaccinations against one or more of the diseases mentioned in
the first indent of Article 6 (a) are carried out.
Article 8
1. Without prejudice to Articles 6 and 7, the Member States shall
not authorize importation of animals covered by this Directive from athird country unless such animals satisfy the animal health require-ments adopted in accordance with the procedure laid down in Article29 for importations from that country, according to the species and
destination of the animals.
2. It may be decided, inaccordan ce with the procedure laid downin
Article 29, that authorizations are to be confined to particular species,to animals for slaughter, breeding or production, or to animals intendedfor 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 Stateto another in order to take account of the special provisions whichMember States enjoy 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 swine
brucellosis shall be the standards laid down in Annex A to Directive64/432/EEC. It may be decided, inaccordan ce with the procedure laiddown in Article 29, on a case-by-case basis to waive these conditionswhere the third country concerned provides similar animal health guar-antees; in that case, animal health conditions at least equivalent to
those in Annex A to that Directive shall be laid down in accordance
with the same procedure in order to permit the entry of such animalsinto 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 territory
of bovine animals and swine from the third country concerned. It shall
inform the other Member States and the Commission as soon aspossible of its decision and shall give grounds for this decision. TheStanding Veterinary Committee shall meet as soon as possible afterthis notification. A decision shall be taken in accordance with the
procedure laid downinArticle 30.
Article 10
The Member States shall 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 territoryor part of the territory of a third country on the list established inaccordance 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.1972L0462 — EN — 06.05.1988 — 010.001 — 7
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Article 11
1. The Member States shall not authorize importation of bovine
animals or swine without the production of a certificate drawn up byan official veterinarian of the exporting third country.
This certificate must:(a) be issued on the day of loading of the animals for dispatch to the
country of destination;
(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 animals in the original;(d) attest that the bovine animals and swine meet the requirements of
this Directive and those laid down pursuant to this Directive with
regard to importationfrom third coun tries;
(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 inaccor-
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 territoryof 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 inthe list drawnup inaccordan ce with Article3 (1),
— these animals are, or are suspected of being, infected with or are
contaminated by an infectious or contagious disease,
— the conditions laid down in this Directive and in Annexes A to D of
Directive 64/432/EEC have not been complied with by theexporting third country,
— the certificate accompanying the animals does not comply with the
conditions set out in Article 11.
3. The Member State which has carried out the inspection
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 infectious or 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 ofthe certificate;
(b) the return of animals which cannot be admitted for movement in
accordance with paragraph 2, provided that this is not 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 of
slaughter.
(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 theprocedure laid downinArticle 29.1972L0462 — EN — 06.05.1988 — 010.001 — 8
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4. The certificate accompanying bovine animals and swine on
importation must, following the animal health inspection (importinspection), include a statement clearly indicating whether the animals
have beenadmitted or refused en try.
5. While the animals are being taken across Community territory en
route to the Member State of destination, the Member States may
implement 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,infected with or are contaminated by an infectious or contagiousdisease.
6. Animals which 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 ofthis Directive, including the special conditions laid down under theprocedure provided for inArticle 29 pursuan t 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 destructionof an imals, shall be chargeable to the
consignor, consignee or their representative without compensation by
the 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 three
working 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 competent
authority of the country of destination may, on animal health grounds,
designate the slaughterhouse to which these animals must be taken.
CHAPTER III
Importationoffreshmeat
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, orin part thereof, of a third country on the list drawn up in accordancewith Article 3 (1).
2. Notwithstanding Article 3 (1), the Member States shall not
authorize the importationof fresh meat un less 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-mouth
disease, African swine fever, contagious porcine paralysis (Teschendisease);
(b) in which no vaccinations have been carried out for the previous 12
months against the diseases mentioned under (a) to which theanimals from which the meat has come are susceptible.1972L0462 — EN — 06.05.1988 — 010.001 — 9
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Article 15
It may be decided, inaccordan ce with the procedure set out inArticle
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), importationof fresh meat may be permitted, on
certain conditions, from a third country or part of the territory of thatthird country where vaccinations have been carried out against one ormore of the diseases referred to inArticle 14 (2) (a).
Article 16
Without prejudice to Articles 14 and 15, the Member States shall not
authorize importation of fresh meat from a third country unless themeat complies with the public health and animal health requirementsadopted inaccordan ce with the procedure set out inArticle 29 for
importation of fresh meat from that country according to the species
of 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 inaccordan ce 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 Directive64/433/EEC and passed fit, as a result of such inspection for
slaughter for the purposes of export to the Community.
Inaccordan ce with the procedure laid downinArticle 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 conditions of 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, and
have shown no change except for traumatic lesions incurred shortly
before 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 humanconsumption or dangerous to human health.
Inaccordan ce with the procedure laid downinArticle 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 inaccordan ce with the procedure
laid downinArticle 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 conditions1972L0462 — EN — 06.05.1988 — 010.001 — 10
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and 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 satisfactoryconditions of 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 requirements of Chapter XIII of AnnexI to Directive 64/433/EEC, the official veterinarian may be helped byassistants working under his responsibility.
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 derogationfrom Article 17 (1), the Member States
may permit importationof:
(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 inaccordan ce with the procedure laid downinArticle 29;
►
M10(b) cuts smaller thanquarters or bon ed meat or offal or sliced
livers of bovine animals from cutting plants ◄inspected pursuant
to Article 4 and approved for this purpose in accordance with theprocedure set out inArticle 29. Such meat, inadditionto
complying with the conditions laid 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 abovementionedprovisions 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 (k) notwithstanding, Member States may authorize
importation into their territories of masseter muscles and brainsprovided that they comply with the requirements of Article 17 (2) andwith paragraph 1 (b) (iii), (iv) and (v) of this article.
3. Inaccordan ce with the procedure laid downinArticle 29 it may
be decided that, in establishments specially designated for this purpose,the meat may be cut while warm under special conditions other thanthose laid down in paragraph 45 (c) of Chapter VIII of Annex I toDirective 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 ona proposal from the Commission .1972L0462 — EN — 06.05.1988 — 010.001 — 11
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Article 19
Articles 17 and 18 shall not apply to:(a) fresh meat imported with the authorizationof the coun try 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 providedthat whenthe exhibitionfin ishes or whenthe special studies oranalyses have been carried out this meat, with the exception of
that used during the analysis, is withdrawn from Community terri-
tory or destroyed.
Inthis case an d inthe case referred to in(a), the coun try of desti-
nation shall ensure that the meat in question cannot be put to any
use other thanthat for which it was admitted in to its territory;
(c) fresh meat intended exclusively for the supply of international
organizations, subject to approval in accordance with the procedurelaid downinArticle 29 an d provided that this meat comes from athird country on the list drawn up in accordance with Article 3 (1)
and that animal health requirements are complied with. The
Member States in the territory of which the international organiza-tions in question are located shall ensure that this meat is notplaced infree circulation .
Article 20
The Member States shall prohibit the importationof:(a) fresh meat from boars or cryptorchid pigs;
►
M10(b) fresh meat:
(i) from animals to which hormonal substances prohibited under
Directives 81/602/EEC and 88/146/EEC (1) have beenadmin is-
tered;
(ii) containing residues of hormonal substances authorized in
accordance with the exceptions provided for in Article 4 ofDirective 81/602/EEC and ►
C3Articles 2 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, inso far as such residues exceed the permitted level.
Permitted levels shall be fixed by the Council, acting on a
proposal from the Commission and may subsequently beamended in accordance with the procedure laid down in Article29;
(c) fresh meat treated with ionizing or ultraviolet radiation, and fresh
meat from animals to which tenderizers or other products likely toadversely affect the meat's compositionor organ oleptic characteris-tics have beenadmin istered;
(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 beenadded for the purpose of health markin g;
(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 ◄
bovis or ►C2cysticerci ◄cellulosae, live or dead, or, inthe
case of swine, to have trichinae;
(f) fresh meat from animals slaughtered too young;
(g) parts of the carcase or offal with traumatic lesions incurred shortly
before slaughter or ►C2malformations, contaminations or
changes◄referred to inArticle 17 (2) (d);1972L0462 — EN — 06.05.1988 — 010.001 — 12
(1) OJ No L 70, 16. 3. 1988, p. 16.
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(h) blood;
(i) minced meat, meat cut up in a similar manner and mechanically
recovered meat;
(j) fresh meat inpieces of less than100 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 procedures required for detecting the presence of
trichinae in fresh meat of swine shall be laid down by the Council,acting on a proposal from the Commission.
Article 22
1. Member States shall not authorize fresh meat to be imported
without presentation of an animal health certificate and a public healthcertificate drawn up by an official veterinarian of the exporting thirdcountry.
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 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 complies
with the animal health requirements laid down in this Directive andwith those laid downpursuan t to it with respect to the importationoffresh meat from the third country.
2. The certificate must correspond to a model established in accor-
dance 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 certificateshall constitute a single sheet.
3. The public health certificate must correspond, in presentation and
content to the specimen given in Annex A and be issued on the day onwhich the fresh meat is loaded with a view to dispatch to the countryof destination.
Article 23
1. The Member States shall ensure that, upon arrival in the geogra-
phical territory of the Community, fresh meat is subjected without
delay to an animal health inspection carried out by the competent
authority, whatever the procedure under which it was declared.
The detailed rules necessary to ensure that the inspection referred to in
this paragraph is carried out in a uniform manner shall be adopted in
accordance with the procedure laid down in Article 29.
2. Without prejudice to paragraph 3, the Member States shall ensure
that importationis prohibited if this in spectionreveals that:
— the meat does not come from the territory of a third country, or
from a part thereof, included on the list drawn up in accordancewith Article 3 (1);
— the meat comes from the territory of a third country, or from a part
thereof, from which imports are prohibited inaccordan ce with Arti-
cles 14 and 28,
— the animal health certificate which accompanies the meat does not
comply with the conditions laid down pursuant to Article 22 (1) and(2).1972L0462 — EN — 06.05.1988 — 010.001 — 13
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3. The Member States shall authorize fresh meat from one third
country to be transported to another provided that:
(a) the party concerned supplies proof that the first third country
towards which the meat is being sent, after transit through Commu-nity territory, undertakes under no circumstances to reject or tosend back to the Community the meat the importation or transit ofwhich it has authorized;
(b) such transport has been previously authorized by the competent
authorities of the Member State inthe territory of which the an imalhealth 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 supervision of the competent autho-rities in vehicles or containers sealed by the competent authorities;the only handling authorized during this transport shall be that
carried out respectively at the point of entry into or exit from
Community territory for direct transhipment from a ship or aircraftto 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 without
compensation by the State.
Article 24
1. The Member States shall ensure that each consignment of fresh
meat undergoes a public health inspection before being released forconsumption on the geographical territory of the Community, and ananimal health inspection, carried out by an official veterinarian.
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 fresh meat is to be submittedfor inspection, specifying the quantity and nature of the meat and thetime from which the inspection 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-cles 17, 18 (1) and (2). The purpose of this inspection shall be inparticular to verify, inaccordan ce with paragraph 3:
(a) the public health certificate, the compliance of the fresh meat with
the stipulations on that certificate, the health marking;
(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 slaughter and cutting have been carried out in establish-
ments approved for that purpose;
(e) the conditions of transport.
3. There shall be adopted, inaccordan ce 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 as regards the applicationof Article 20, an d moreparticularly the methods of analysis, and sampling intervals and stan-dards.
4. The Member States shall prohibit the marketing of fresh meat if
the inspections provided for in paragraph 1 have shown that:
— the fresh meat is not suitable for human consumption,
— the conditions laid down in this Directive and Annex I to Directive
64/433/EEC have not been fulfilled,
— one of the certificates referred to in Article 22 which accompany
each consignment does not comply with the conditions laid downinthe said Article.
5. If the fresh meat cannot be imported it must be returned, unless
this is contrary to animal or public health considerations.1972L0462 — EN — 06.05.1988 — 010.001 — 14
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If it is impossible to returnthe meat, it must be destroyed inthe terri-
tory of the Member State in which the inspections have taken place.
By way of derogationfrom this provisionan d if the importer or if his
representative so requests, the Member State carrying out the animal
health and public health inspections may authorize its entry for usesother than human consumption, provided that there is no danger forhumans or for animals, that the meat is from a third country includedon the list drawn up in accordance with Article 3 (1) and that importa-tion is not prohibited under Article 28. This meat may not leave the
territory of that Member State, which must verify the final destination
of the meat.
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.
Article 25
The fresh meat of each consignment authorized for circulation in the
Community by a Member State on the basis of the inspections referred
to in Article 24 (1) must, when forwarded to the country of destination,be accompanied by a certificate corresponding, in presentation andcontent, to the specimen given in Annex B.
This certificate must:(a) be drawn up by the competent official veterinarian at the inspection
post or at the place of storage;
(b) be issued onthe day of loadin g for dispatch of the fresh meat to the
country of destination;
(c) be drawn up in at least one of the official languages of the country
of destination;
(d) accompany the consignment of fresh meat in the original.
Article 26
All expenditure incurred as a result of the application of Articles 24
and 25, and in particular the costs of inspection of the fresh meat,
storage costs and the cost of destroying the meat shall be chargeable
to the consignor, the consignee or their representative without compen-sationby the State.
CHAPTER IV
Commonprovisions
Article 27
1. The Member States shall draw up and communicate to the
Commissionthe lists of:
(a) the frontier inspection posts for the importation of bovine animals
and swine;
(b) the inspection posts for importation of fresh meat.
These inspection posts must be approved in accordance with the proce-
dure laid downinArticle 29.
2. In order for the frontier inspection posts referred to in paragraph
1 (a) to be approved, they must inparticular 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, urineand all other waste.
3. Inorder for the in spectionposts referred to inparagraph 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 inthe n ormal way;
(b) adequate cooling and freezing rooms;1972L0462 — EN — 06.05.1988 — 010.001 — 15
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(c) anadequate thawin g 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 downinArticle 29.
5. Veterinary experts shall verify that the facilities at the approved
inspection posts comply with the conditions of this Article and that
inspections are carried out in accordance with this Directive.
These experts must be nationals of a Member State other than the
Member State inwhich the post to be checked is located.
The conditions of application of this paragraph, and in particular the
appointment of the veterinary experts and 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 infectious or contagious
animal disease likely to endanger the health of livestock of one of the
Member States breaks out or spreads in 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 this Directive, whether imported directly or indirectlythrough another Member State, from either the whole of the third
country or part of its territory.
2. Without prejudice to Article 14, if an infectious or contagious
animal disease breaks out or spreads in a third country included onthe list drawn up in accordance with Article 3 (1) and the disease can
be carried by fresh meat and is likely to endanger public health or the
health of the livestock in one of the Member States or if any otherreasons connected with animal health justifies it, the Member Stateconcerned shall prohibit the importation of that meat whether importeddirectly or indirectly through another Member State, either from thewhole of the third country or from part of its territory.
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.
The Standing Veterinary Committee shall meet as soon as possible
after such communication and shall decide, in accordance with theprocedure laid downinArticle 30, whether these measures should beamended, in particular in order to ensure their coordination withmeasures 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 measurestaken 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 inaccordan ce with the same procedure.
Article 29
1. Where the procedure laid downinthis Article is to be used,
matters shall without delay be referred by the Chairman, either on hisown initiative or at the request of a Member State, to the Standing1972L0462 — EN — 06.05.1988 — 010.001 — 16
▼B
▼B
Veterinary Committee (hereinafter called ‘Committee’) set up by the
Council Decision of 15 October 1968.
2. Withinthe Committee the votes of Member States shall be
weighted as provided inArticle 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 onsuch measures within two days. Opinions shall be delivered by amajority of ►
M7fifty-four ◄votes.
4. The Commissionshall adopt the measures an d shall apply them
immediately where they are in accordance with the opinion of theCommittee. 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, withinthree mon ths from the date onwhich the proposal was
submitted to it, the Council has not adopted any measures, theCommissionshall adopt the proposed measures an d apply them imme-diately, save where the Council has decided by a simple majorityagainst those measures.
Article 30
1. Where the procedure laid downinthis Article is to be used,
matters shall without delay be referred by the Chairman, either on his
own initiative or at the request of a Member State, to the StandingVeterinary Committee (hereinafter called the ‘Committee’) set up bythe Council Decision of 15 October 1968.
2. Withinthe Committee the votes of the Member States shall be
weighted as provided inArticle 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 onsuch measures within two days. Opinions shall be delivered by amajority of ►
M7fifty-four ◄votes.
4. The Commissionshall adopt the measures an d shall apply them
immediately where they are in accordance with the opinion of the
Committee. Where they are not in accordance with the opinion of the
Committee or if no opinion is delivered, the Commission shall withoutdelay submit to the Council a proposal regarding the measures to beadopted. The Council shall adopt the measures by a qualified majority.
If, withinfifteendays of the date onwhich the proposal was submitted
to it, the Council has not adopted any measures, the Commission shall
adopt the proposed measures and apply them immediately, save wherethe 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 its Annexes:
(a) not later than 1 October 1973 as regards the provisions of 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 1977.1972L0462 — EN — 06.05.1988 — 010.001 — 17
▼M5
▼B
▼B
However a minimum of two years must pass between the adoption of
the measures adopted under these provisions and the date mentionedabove.
3. Onthe date laid downinparagraph 2, Articles 4 an d 11 of the
Council Directive of 26 June 1964, on animal health problemsaffecting intra-Community trade in bovine animals and swine, 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. This Directive shall not apply to imports from third countries of
meat of animals referred to in the third indent of Article 1 (1) until the
entry into force of the Commission decision(s) adopted, in accordance
with the procedure set out inArticle 29, for the purpose of makin g thenecessary adjustments to the list referred to in Article 3.
2. National laws on public health shall continue to apply to imports
of such meat from third countries until the entry into force of Commu-nity rules on this subject.
Article 33
When applying Articles 8 and 16, the conditions laid down in accor-
dance with the procedure of Article 29 for imports effected by certain
Member States must be at least as strict as those which the sameMember States apply in the framework of intra-Community trade.
Article 34
This Directive shall not affect the rights and obligations resulting from
animal health Agreements concluded between one or more MemberStates and one or more non-Member States before the date on which
this Directive is adopted.
To the extent that these Agreements are not compatible with this Direc-
tive, the Member State or States concerned shall avail themselves of allappropriate means to remove the incompatibilities noted.
Article 35
This Directive is addressed to the Member States.1972L0462 — EN — 06.05.1988 — 010.001 — 18
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ANNEX A
SPECIMEN
►(1)C21972L0462 — EN — 06.05.1988 — 010.001 — 19
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►(1)C21972L0462 — EN — 06.05.1988 — 010.001 — 20
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ANNEX B
SPECIMEN
1972L0462 — EN — 06.05.1988 — 010.001 — 21