1972L0462 — EN — 16.01.1998 — 025.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M17COUNCIL DIRECTIVE
of 12 December 1972
on health and veterinary inspection problems upon importation of bovine, ovine and caprine
animals and swine, 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
►M14Council Directive 90/423/EEC of 26 June 1990 L 224 13 18.8.1990
►M15Council Directive 90/425/EEC of 26 June 1990 L 224 29 18.8.1990
►M16Council Directive 90/675/EEC of 10 December 1990 L 373 1 31.12.1990
►M17Council Directive 91/69/EEC of 28 January 1991 L 46 37 19.2.1991
►M18Council Directive 91/266/EEC of 21 May 1991 L 134 45 29.5.1991
►M19Council Directive 91/496/EEC of 15 July 1991 L 268 56 24.9.1991
►M20Council Directive 91/497/EEC of 29 July 1991 L 268 69 24.9.1991
►M21 amended by Council Directive 92/5/EEC of 10 February 1992 L 57 1 2.3.1992
►M22Council Regulation (EEC) No 3763/91 of 16 December 1991 L 356 1 24.12.1991
►M23Council Directive 91/688/EEC of 11 December 1991 L 377 18 31.12.1991
►M24Council Regulation (EEC) No 1601/92 of 15 June 1992 L 173 13 27.6.1992
►M25Council Directive 96/91/EC of 17 December 1996 L 13 26 16.1.1997
►M26Council Directive 97/76/EC of 16 December 1997 L 10 25 16.1.1998
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
1972L0462 — EN — 16.01.1998 — 025.001 — 2
►A2Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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 12 December 1972
on health and veterinary inspection problems upon importation of
bovine, ovine and caprine animals and swine, 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 — 16.01.1998 — 025.001 — 3
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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 — 16.01.1998 — 025.001 — 4
▼B
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,
— domestic ovine or caprine animals for breeding, rearing, fattening
or slaughter,
— fresh meat from domestic animals of the following species: bovine
animals►M20(including the species Bubalus bubalis andBison
bison)◄, swine, sheep and goats and from domestic solipeds,
— for the purposes of Article 3, fresh meat of cloven-hoofed wild
animals and wild solipeds, in so far as this concerns permittedimportation 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 ofArticle 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 personal
consumption, in so far as the amount or quantity transported does
not 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 isnotprohibited 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 quantity
doesnot exceed one kilogram and that they come from a third
country or part thereof appearing on the list drawn up in accor-dance with Article 3 and from which importation isnot prohibitedunder 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 todestroy meat or meat products when they are transferred, directlyor 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 72/461/1972L0462 — EN — 16.01.1998 — 025.001 — 5
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EEC of 12 December 1972 on health and veterinary inspection
problems upon importation of bovine animals and swine and freshmeat from third countries(
1), all these Directives, as last amended by
Directive 89/662/EEC (2), by Council Directive 77/99/EEC of 21
December 1976 on health problemsaffecting intra-Community tradein meat products(
3) aslas t amended by Directive 89/662/EEC, and by
Directive 91/68/EEC (4), 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, 77/99/EEC and 91/68/EEC do not apply;
(d) ‘importation’ meansthe introduction into the territory of the
Community of animals, fresh meat or meat products from thirdcountries;
(e) ‘holding’ means an officially supervised agricultural, industrial or
commercial undertaking situated in the territory of a third country,
on which bovine animalsor s wine, for breeding, production or
slaughter, or ovine or caprine animals for breeding, rearing,fattening or slaughter are regularly kept or bred;
(f) ‘epizootic-free area’ meansan area in which, according to official
findings, the animals have not suffered from any of the contagious
or infectious diseases on the list drawn up in accordance with the
procedure 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 MemberStatess hall authorize importation:
— of domestic ►
M17bovine, ovine and caprine animalsand
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 with
the 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 the
heading 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 ►
M17bovine, ovine and caprine
animalsand s wine ◄and fresh meat and meat products, whether a1972L0462 — EN — 16.01.1998 — 025.001 — 6
(1) OJ No L 302, 31. 12. 1972, p. 24.
(2) OJ No L 395, 30. 12. 1989, p. 13.
(3) OJ No L 26, 31. 1. 1977, p. 85.
(4) OJ No L 46, 19. 2. 1991, p. 19.▼M12
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third country or part thereof may appear on the list referred to in para-
graph 1, particular account shall be taken of:
(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 in
that 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 animal
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 inparagraph 1, account shall be taken of, inter alia, the guarantees
provided by the third country in regard to public health and animal
health.
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 list
or lists may be amended or supplemented by the Commission in line
with the result of the inspections provided for in Article 5, of which ithas 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 plant
may 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 the
wholesomeness 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 thesecond, third and fourth indents of paragraph ►
M2014◄(c),
and paragraph ►M20 ◄►M2042 (A) (2) ◄of
Annex I of Directive 64/433/EEC where the third countryconcerned provides similar guarantees; in that case, health condi-1972L0462 — EN — 16.01.1998 — 025.001 — 7
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tions no less strict than those imposed in that Annex shall be
imposed on a case-by-case basis in accordance with that procedure.
In accordance with the same procedure, specific guarantees may be
required concerning the quality of the potable water used by estab-
lishments and the medical supervision of staff working on and
handling fresh meat;
(d) as regards meat products, compliance in each particular case with
the provisions of this Directive and with the relevant provisions ofAnnexesA 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 the
supervision to which it or they is or are subject.
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 thirdcountriesor 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 hall
be 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), arebeing 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 provided
for 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 29.1972L0462 — EN — 16.01.1998 — 025.001 — 8
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CHAPTER II
Importation of bovine, ovine and caprine animals and swine
Article 6
1. Without prejudice to Article 3 (1), Member Statess hall not
authorize importation of animalscovered by thisDirective unles stheycome from third countries:
(a) which have been free of those diseases to which the animals are
susceptible:
— for the previous 12 months, in respect of cattle plague, conta-
giouspleuro-pneumonia, blue-tongue, African s wine fever,contagious porcine paralysis (Teschen disease) ►
M17, Peste
des petits ruminants, Epizootic Haemorrhagic Disease, sheeppox, goat pox and Rift Valley Fever ◄,
— 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 animals
are susceptible has not been carried out.
2. Member Statess hall make the introduction into their territory of
animals which are of a species susceptible to foot-and-mouth diseasefrom the territory of a third country subject to the following conditions:
1. where the animalscome from a third country which hasbeen free of
foot-and-mouth disease for at least two years, which has not prac-
tised vaccination for at least 12 months and which does not allowon to itsterritory animalswhich have been vaccinated les sthanone year previously, a guarantee that they have not been vaccinatedagainst foot-and-mouth disease;
2. where the animalscome from a third country which hasbeen free of
foot-and-mouth disease for at least two years, which practises vacci-nation and which allowsvaccinated animalson to itsterritory:
(a) a guarantee that the animalshave not been vaccinated agains t
foot-and-mouth disease;
(b) a guarantee that the cattle have reacted negatively to a foot-and-
mouth virus test carried out by the laryngo pharyngeal scrapemethod (probang test);
(c) a guarantee that the animalshave reacted negatively to a s erolo-
gical test carried out to detect the presence of foot-and-mouthantibodies;
(d) a guarantee that the animalshave been is olated in the exporting
country at a quarantine station for 14 days under the surveillanceof an official veterinarian. In thisconnection, no animal locatedat the quarantine station shall have been vaccinated against foot-and-mouth disease during the 21 days preceding exportation andno animal, other than those forming part of the consignment,
shall have been introduced to the quarantine station during that
same period;
(e) placing in quarantine for a period of 21 days.
Sweden may, for a transition period of three years as from the date
of entry into force of the Accession Treaty maintain its nationalrulesconcerning the import of animalscoming from countrieswhichvaccinate against foot-and-mouth disease.
3. where the animalscome from a third country which hasnot been
free of foot-and-mouth disease for at least two years:
(a) the guaranteesreferred to in point 2;1972L0462 — EN — 16.01.1998 — 025.001 — 9
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(b) further guaranteesto be decided on in accordance with the
procedure laid down in Article 30.
For the purposes of this paragraph, a third country may continue to be
considered as having been free of foot-and-mouth disease for at least
two years, even if a limited number of outbreaks of the disease havebeen recorded on a limited part of itsterritory, on condition that s uchoutbreaks were stamped out within a period of less than three months.
3. In accordance with the procedure laid down in Article 29:(a) without prejudice to Article 3 (1), a list shall be adopted of the
third countrieswhich are authorized to export animalsto the
Community and which satisfy the requirements of paragraph 2;
(b) a list shall be adopted of the quarantine stations from which those
countriesmay export animalsto the Community; and
(c) a decision shall be taken on any further guarantees in relation to
each such country.
4. In respect of classical swine-fever, pigs must come from the terri-
tory of a third country which:
— has been free from classical swine-fever for at least 12 months,
— hasnot permitted vaccination for the preceding 12 months ,— doesnot allow on itsterritory pigswhich have been vaccinated les s
than 12 monthsprevious ly.
5. By way of derogation from paragraph 4, it may be decided, in
accordance with the procedure laid down in Article 29, to authorizethe importation of pigscoming from a part of the territory of a thirdcountry provided that vaccination against classical swine-fever is
prohibited throughout the entire territory of that country and that the
part of the territory of the third country concerned fulfilsthe conditionslaid down in paragraph 4.
6. By way of derogation from paragraph 4, in the event of classical
swine-fever occurring in a third country which fulfils the conditions ofparagraph 4, it may be decided, in accordance with the procedure laid
down in Article 29, that the period of 12 monthsreferred to in the firs t
indent of paragraph 4 may be reduced to six months if:
(a) an outbreak or a number of epizootiologically interrelated
outbreaksoccur within a geographical limited area; and
(b) the outbreak or outbreakshave been s tamped out, within a period
of three monthsand without recours e to vaccination.
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 thirdcountry.
In accordance with the same procedure and by way of derogation from
Article 6 (b), the importation of animalscovered by thisDirective may,
on certain conditions, be permitted from third countries or parts thereofwhere 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 Article
29 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,1972L0462 — EN — 16.01.1998 — 025.001 — 10
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to bovine animals or swine for slaughter, breeding or production, to
ovine or caprine animalsfor breeding, rearing, fattening or s laughteror to animals intended for particular purposes, or that all necessary
animal health measures are to be applied after importation.
In the case of animals for breeding, rearing, production or fattening,
requirements imposed pursuant to this paragraph may vary from oneMember State to another in order to take account of the special provi-sions for the benefit of Member States in the framework of intra-
Community trade.
3. With regard to fixing animal health conditionsin accordance with
paragraph 1:
— the standards laid down in Annex A of Directive 64/432/EEC shall
apply as the reference basis for bovine tuberculosis, bovine and
swine brucellosis,
— the standards laid down in Articles 4, 5 and 6, or pursuant to
Article 7 or 8, and those contained in Annex A of Directive 91/68/EEC, shall apply as the reference basis for the disease to whichovine and caprine animals are susceptible.
It may be decided, in accordance with the procedure laid down in
Article 29, on a case-by-case basis to derogate from those standards
where the third country concerned providess imilar animal health guar-antees; in that case, animal health conditions at least equivalent tothose in the said Articles or Annex shall be laid down in accordancewith the same procedure in order to permit the entry of such animals
into Community herdsor flocks .
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►
M17bovine, ovine and caprine animalsand s wine ◄from the
third country concerned. It shall inform the other Member States andthe Commission as soon as possible of its decision and shall givegrounds for this decision. The Standing Veterinary Committee shallmeet as soon as possible after this notification. A decision shall betaken in accordance with the procedure laid down in Article 30.
Article 10
The Member Statess hall not authorize importation of ►
M17bovine,
ovine and caprine animalsand s wine ◄, unless on the day of loading
for dispatch to the country of destination, these animals have remainedcontinuously in the territory or part of the territory of a third countryon the list established in accordance with Article 3 (1) for at least theprevious:
(a) six months in the case of bovine animals or swine, for breeding or
production and of ovine or caprine animalsfor rearing, breeding orfattening;
(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. Member Statess hall not authorize the importation of bovine,
ovine or caprine animals or swine unless a certificate drawn up by anofficial veterinarian of the exporting third country isproduced.1972L0462 — EN — 16.01.1998 — 025.001 — 11
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Thiscertificate mus t:
(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 which
the import inspection provided for in Article 12 is carried out;
(c) accompany the animalsin the original;
(d) attest that the bovine, ovine or caprine animals or swine meet the
requirements of this Directive and those laid down pursuant to thisDirective with regard 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 13
Immediately upon arrival in the country of destination, the animals for
slaughter shall be taken directly to a slaughterhouse and, in accordance
with animal health requirements, be slaughtered not later than
►M15five◄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 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 the
animals 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 importation of fresh meat unless it comes from thirdcountries:
(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, ►
M14 ◄
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 theanimals from which the meat has come are susceptible;
(c) in which no classical swine-fever has been detected for at least the
preceding 12 months, vaccination against classical swine-fever hasnot been authorized for at least the preceding 12 months and nopigs have been vaccinated against classical swine-fever in thepreceding 12 months.1972L0462 — EN — 16.01.1998 — 025.001 — 12
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3. Without prejudice to Article 3 (1):
(a) the import of fresh meat from third countries in which:
— foot-and-mouth disease (strains A, O, C) is endemic,
— systematic slaughtering is not carried out where an outbreak of
foot-and-mouth disease occurs,
— vaccination ispractis ed,
shall be permitted only under the following conditions:
(i) the third country or a region within the third country is
approved under the procedure laid down in Article 29;
(ii) the meat ismatured, itspH controlled, deboned and the major
lymphatic glandsremoved.
The import of offals for human consumption shall be restricted,
taking into account expert scientific opinion. Special conditionsmay be possible for offals for the pharmaceutical and petfoodindustry. These restrictions and conditions shall be adoptedaccording to the procedure laid down in Article 29.
(b) The import of fresh meat from third countries in which vaccination
against foot-and-mouth disease strains SAT or ASIA 1 is used shall
be permitted only under the following conditions:
(i) the third country hasregionswhere vaccination isnot
permitted and no foot-and-mouth disease has occured for 12months; the regions shall be approved under the procedurelaid down in Article 29;
(ii) the meat ismatured, deboned, and the major lymphatic glands
have been removed, and isnot imported until 3 weeksafterslaughter;
(iii) the importation of offal from these countries is not permitted.
(c) the import of fresh meat from third countries
— in which vaccination ispractis ed, and
— which have been free of foot-and-mouth disease for 12 months
shall be permitted in accordance with conditions established under
the procedure laid down in Article 29.
(d) the import of fresh meat from third countries in which:
— routine vaccination isnot carried out, and
— freedom from foot-and-mouth disease has been established
shall be permitted under the procedure laid down in Article 29 and
in accordance with the rulesgoverning intra-Community trade.
Additional ruleswhich may apply to the countriesreferred to in (a)
and (b) of the first subparagraph shall be established in accordance
with the procedure laid down in Article 29.
(e) Sweden may, for a transition period of three years as from the date
of entry into force of the Accession Treaty maintain its nationalrulesconcerning the import of fres h meat coming from countrieswhich vaccinate against foot-and-mouth disease.
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 — 16.01.1998 — 025.001 — 13
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In accordance with the procedure laid down in Article 29, it may be
decided to derogate from Article 14 (2) (c).
Article 16
►M181.◄Without prejudice to Articles14 and 15, the Member
States shall not authorize importation of fresh meat from a thirdcountry unless the meat complies with the public health and animalhealth requirementsadopted in accordance with the procedure s et outin Article 29 for importation of fresh meat from that country accordingto the species of animal concerned.
2. However, Member Statesmay, until 31 December 1996, authorize
importsof glandsand organs , including blood, asraw materialsfor the
pharmaceutical processing industry, from third countries which appear
on the list drawn up under Article 3 (1) and are not the subject of aban.
The general conditions to be complied with for the said imports shall
be laid down in accordance with the procedure provided for in Article30.
In accordance with the procedure provided for in Article 29, Member
Statesmay be authorized to import the s aid raw materialsfrom thirdcountries which do not appear on the list referred to in the first subpar-agraph under conditionswhich take account of the s pecific health
situation of the third countries concerned.
The conditions relating to the said imports, established in accordance
with the procedures referred to in the second and third subparagraphs,
must in no case be more favourable than those governing intra-
Community trade.
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, ►
M20Chapter VI ◄,
of Directive 64/433/EEC and passed fit, as a result of such inspec-tion 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 countries
specified 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
►
M20Chapter VII ◄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 ►
M20Chapter VIII ◄of Annex I to Directive 64/
433/EEC, and have shown no change except for traumatic lesions
incurred shortly before slaughter, or localized malformations orchanges, provided that it is established, if necessary by appropriatelaboratory tests, that these do not render the carcase and offal unfitfor human consumption or dangerous to human health.1972L0462 — EN — 16.01.1998 — 025.001 — 14
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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;
(e) bear a health mark to be decided in accordance with the procedure
laid down in Article 29. ►
C2◄The health mark must be
applied in accordance with ►M20Chapter XI ◄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 ►
M20Chapter XIV ◄of Annex I to
Directive 64/433/EEC;
(g) have been transported in accordance with ►M20Chapter XV ◄
of Annex I to Directive 64/433/EEC and undergone handling in
satisfactory conditions 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 requirementsof ►
M20Chapter
XIV◄of Annex I to Directive 64/433/EEC, the official veterinarian
may be helped by assistants 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 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 the
procedure 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 ►
M20Chapter IX ◄of Annex I to Directive
64/433/EEC,
(ii) it must have been inspected by an official veterinarian in
accordance with ►M20Chapter X ◄of Annex I to Direc-
tive 64/433/EEC,
(iii) its packaging must comply with the requirements set out in
►M20Chapter XII ◄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 (j) and (k) notwithstanding, Member States may
authorize importation into their territoriesof meat in piecesof les s1972L0462 — EN — 16.01.1998 — 025.001 — 15
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than 100 gramswithin the meaning of Article 2 (2) (b) of Directive 88/
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 piecesof
less 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 thanthose laid down in ►
M20paragraph 46 of Chapter IX ◄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.
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 ensure
that this meat is not used for human consumption, and providedthat when the exhibition finishes or when the special studies oranalyses 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 anyuse 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 a
third country on the list drawn up in accordance with Article 3 (1)
and that animal health requirementsare complied with. TheMember 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 (2) 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.1972L0462 — EN — 16.01.1998 — 025.001 — 16
(1) OJ NO L 382, 31. 12. 1988, p. 3.
(2) OJ No L 70, 16. 3. 1988, p. 16.▼M6
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Permitted levelss hall be fixed by the Council, acting on a
proposal from the Commission and may subsequently beamended in accordance with the procedure laid down in Article
29;
(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
►
M20paragraph 58 of Chapter XI ◄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;(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 with
Article 3, but from which importsof fres h meat are not authorized orare no longer authorized, provided that the productsin ques tion meetthe 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;1972L0462 — EN — 16.01.1998 — 025.001 — 17
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(ii) they must have been obtained from or with fresh meat as defined
in paragraph 1 or from meat coming from the producing countrywhich must:
— satisfy certain requirements of health policy to be drawn up in
each individual case, on the basis of the health situation of theproducing 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.
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 Directive77/99/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 listsreferred 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 ofAnnex 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 inforce;
(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;1972L0462 — EN — 16.01.1998 — 025.001 — 18
▼M12
(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 MemberStatesass 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 under
satisfactory 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 product
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.
Pending the establishment by the Commission of import certificates
and lists of establishments from which imports of intestines and theother productsreferred to in Article 2 (b) (v) of Directive 77/99/EEC
or the conclusion of veterinary equivalence agreements, and until
►
M2631 December 1998 ◄at the latest, Member States shall be
authorized to import these products in accordance with the nationalrulesin force by way of derogation from the requirementslaid downin paragraphs1, 2 and 4 (a) (i).
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 a
public health certificate drawn up by an official veterinarian of the
exporting 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 carried
out;
(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 inthis Directive and with those laid down pursuant to it with respect tothe 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 certificateshall 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 onthe day on which the fresh meat or meat products are loaded with aview to dispatch to the country of destination.1972L0462 — EN — 16.01.1998 — 025.001 — 19
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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 the
Community, and an animal 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 freh meat or meat products
are to be submitted for inspection, specifying the quantity and nature
of 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 of
this 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 in
establishments 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 moreparticularly 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,
— one of the certificatesreferred to in Article 22 which accompany
each consignment does not comply with the conditions laid down
in 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 uses
other than human consumption, provided that there is no danger for
humansor for animals , that the meat or meat productsare from a thirdcountry 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.1972L0462 — EN — 16.01.1998 — 025.001 — 20
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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 thecountry 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 ormeat products shall be chargeable to the consignor, the consignee ortheir 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, ovine or
caprine animalsand s wine;
(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.1972L0462 — EN — 16.01.1998 — 025.001 — 21
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4. Responsibility for the inspections shall be assumed by an official
veterinarian. The latter may be helped in carrying out purely practicaltasks 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 that
inspections 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 in
Article 29.
6. All the expenditure incurred in application of the first subpara-
graph of paragraph 5 shall be borne by the Community.
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 theCouncil Decision of 15 October 1968.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver itsopinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member Stateswithin the Committee s hall be weighted in themanner set out in that Article. The Chairman shall not vote.
►
A23.◄The Commission shall adopt the measures and shall
apply them immediately where they are in accordance with the opinionof the Committee. If they are not in accordance with the opinion of the
Committee or if no opinion is delivered, the Commission shall without
delay 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 StandingVeterinary Committee (hereinafter called the ‘Committee’) set up bythe Council Decision of 15 October 1968.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion within two days. The opinion shall be delivered bythe majority laid down in Article 148 (2) of the Treaty in the case ofdecisions which the Council is required to adopt on a proposal from the1972L0462 — EN — 16.01.1998 — 025.001 — 22
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Commission. The votes of the representatives of the Member States
within the Committee shall be weighted in the manner set out in thatArticle. The Chairman shall not vote.
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A23.◄The Commission shall adopt the measures and shall
apply them immediately where they are in accordance with the opinionof the Committee. Where they are not in accordance with the opinionof the Committee or if no opinion is delivered, the Commission shall
without delay submit to the Council a proposal regarding the measures
to be adopted. The Council shall adopt the measures by a qualifiedmajority.
If, within fifteen days of the date on which 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 where
the Council has decided by a simple majority against those measures.
Article 31a
Without prejudice to Article 17 of Directive 90/675/EEC (1)o rt o
Article 13 of Directive 91/496/EEC (2), the Commission may, in accor-
dance with the procedure laid down in Article 29, derogate from thisDirective with regard to imports into the French overseas departments.
When the decisions provided for in the preceding paragraph are taken,
the rulesapplicable after importation s hall be laid down in acoordance
with the same procedure.
Article 31b
Without prejudice to Article 17 of Directive 90/675/EEC (
3), the
Commission may, in accordance with the procedure laid down inArticle 29, derogate until 31 December 1994 from certain provisions
of Articles4 and 17 with regard to importsof meat into the Canary
Islands.
When the decisions provided for in the first subparagraph are taken, the
rulesapplicable after importation s hall be laid down in accordance withthe same procedure.
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 problemsaffecting intra-Community trade in bovine animalsand s wine, and1972L0462 — EN — 16.01.1998 — 025.001 — 23
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 268, 24. 9. 1991, p. 56.
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Article 9 of the Council Directive of 26 June 1964, on health problems
affecting 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 third
countriesuntil 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 Member
Statesand 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 — 16.01.1998 — 025.001 — 24
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ANNEX A
SPECIMEN
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ANNEX B
SPECIMEN
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ANNEX C
SPECIMEN
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