30. 12. 89 Official Journal of the European Communities No C 327/37 
2. Vehicles and containers for the transport of perishable products of animal origin must be designed and 
equipped in such a way that the temperature required can be maintained throughout the period of transport. 
3. Products of animal origin must be dispatched in such a way that they are protected from anything liable to 
contaminate them or to affect them adversely, having regard to the duration and conditions of transport and the 
means of transport employed. 
4. In accordance with the procedure laid down in Article 24, the Commission may establish additional 
conditions for the storage and transport of specific products of animal origin. 
Proposal for a Council Decision concerning safeguard measures in the veterinary field in the 
framework of the internal market 
COM(89) 493 final 
(Submitted by the Commission on 30 October 1989) 
(89/C 327/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the Community is to adopt measures designed to 
establish the internal market progressively over a period 
expiring on 31 December 1992; 
Whereas the harmonious operation of the common 
organization of the market in livestock, livestock products, 
products of animal origin and, in certain circumstances, 
plants implies the dismantling of veterinary barriers to the 
development of intra-Community trade in the products 
concerned; whereas in this respect the free movement of 
agricultural products is a fundamental feature of the 
common organization of markets and should facilitate the 
rational development of agricultural production and the 
optimum use of the factors of production; 
Whereas, however, in the veterinary sector provision must be 
made for safeguard measures, in order to protect human and 
animal health from any risk arising from the spread of serious 
animal diseases; 
Whereas the Commission has proposed to the Council a 
Regulation (EEC) concerning veterinary checks in 
intra-Community trade with a view to the completion of the internal market (J); whereas that proposal provides, in 
particular, for interim safeguard measures to be taken; 
Whereas it is now appropriate to set out the safeguard 
measures which will apply in the framework of the single 
market; 
Whereas the harmonious and effective operation of such 
measures requires that restrictions must be imposed by the 
Member State in which an outbreak or suspected outbreak of 
disease occurs; 
Whereas, in order to give all Member States the appropriate 
guarantees, it is necessary to provide for stricter control by 
the Commission; 
Whereas provision should be made for establishing close and 
effective cooperation between the Commission and the 
Member States within the Standing Veterinary 
Committee, 
HAS ADOPTED THIS DECISION: 
Article 1 
1. Each Member State shall immediately notify the other 
Member States and the Commission of any outbreak or 
suspected outbreak in its territory of an animal disease likely 
to constitute a serious threat to animals, or of an animal 
disease which is transmissible to humans and which 
constitutes a serious hazard to public health. It shall also 
notify the Commission and the other Member States of the 
measures it has taken. The latter must be such as to prevent 
the disease from streading in the Community, and to prevent 
the risk to public health. 
(M OJ No C 225, 31. 8. 1988, p. 4. 
No C 327/38 Official Journal of the European Communities 30. 12. 89 
2. After having informed the Member State concerned, 
representatives of the Commission may go at once to the 
place concerned. If the Commission considers that the 
measures referred to in paragraph 1 are inadequate, it shall 
as quickly as possible take a decision, imposing on the 
authorities of the Member State concerned such measures as 
the Commission considers justified in the light of the 
situation. 
Article 2 
1. If a Member State considers that one of the situations 
envisaged by Article 1 (1) exists or might exist in another 
Member State and that the authorities of the latter Member 
State have not applied the appropriate measures, it shall 
immediately inform the Commission. 
2. In the circumstances mentioned in paragraph 1, the 
provisions of Article 1 (2) shall apply. 
Article 3 
1. The Commission shall review the situation within the 
Committee referred to in Article 7 at the earliest opportunity. 
It may, in accordance with the procedure laid down in 
Article 7, confirm, amend or revoke this decision referred to 
in Article 1 (2), or may take a decision imposing on the 
authorities of the Member State concerned such measures as 
the Commission considers justified in the light of the 
situation. 
2. In exceptionally serious circumstances, and 
particularly when the authorities of the Member State 
concerned find it impossible to apply the measures which are 
considered necessary, the Commission may, in accordance 
with the procedure laid down in Article 7, authorize the 
other Member States to take appropriate measures. 
Article 4 
The Commission shall monitor the situation, particularly by 
sending representatives to the place concerned and shall, in 
accordance with the procedure laid down in Article 7, amend 
or revoke the decisions referred to in Article 1 (2) and (3), 
depending on the development of the situation. 
Article 5 
The authorities of a Member State on whose territory the 
Commission considers it necessary to send representatives 
shall provide them with all the assistance required for the 
accomplishment of their task. 
Article 6 
Detailed rules for the application of this Decision, and in 
particular the list of diseases referred to in Article 1(1), shall 
be adopted, where necessary, in accordance with the 
procedure laid down in Article 8. Article 7 
1. The Commission shall be assisted by the Standing 
Veterinary Committee set up by Council Decision 
68/361 /EEC 0), hereinafter referred to as 'the 
Committee'. 
2. Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply. 
3. The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion 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 the Treaty in the 
case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the 
representatives of the Member States within the Committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 
4. The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
5. If the measures envisaged 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 a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. 
If, on the expiry of a period of 15 days from the date of 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. 
Article 8 
1. Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply. 
2. The representatives of the Commission shall submit to 
the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion 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 the Treaty in the case 
of decision which the Council is required to adopt on a 
proposal from the Commission. The votes of the 
representatives of the Member States within the Committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 
3. The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
4. If the measures envisaged 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 a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. 
C1) OJ No L 255, 19. 10. 1968, p. 23. 
30. 12. 89 Official Journal of the European Communities No C 327/39 
If, on the expiry of a period of three months from the date of 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. With effect on 1 January 1993, the other provisions relating 
to safeguard measures in the veterinary field are hereby 
repealed. 
Article 9 
This Decision shall apply from 1 January 1993. Article 10 
This Decision is addressed to the Member States. 
Proposal for a Council Directive amending Directive 88/407/EEC laying down the animal health 
requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic 
animals of the bovine species 
COM(89) 495 final 
(Submitted by the Commission on 30 October 1989) 
(89/C 327/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the Community by Council Directive 
88/407/EEC (x) laid down animal health requirements 
applicable to intra-Community trade and imports of 
deep-frozen semen of domestic animals of the bovine 
species; 
Whereas Member States are to bring into force the laws, 
regulations and administrative provisions necessary to 
comply with the Directive by 1 January 1990 at the latest; 
Whereas it is appropriate before the implementation of the 
Directive to adopt certain amendments to overcome 
technical difficulties in the application of the said Directive; 
whereas it is also appropriate to provide that the Annexes to 
the Directive be amended when necessary in accordance with 
the procedure laid down in Article 18, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 88/407/EEC is hereby amended as follows: 1. The following is added to Article 4(1): 
'Where Member States avail themselves of the 
authorizations mentioned in this paragraph the 
provisions of Annex B, Chapter I.l.(d)(iv) and Chapter 
Il.l.(iv), first sentence may be waived.' 
2. Article 17 is replaced by the following: 
'Article 17 
Amendments to the Annexes, in particular to adapt them 
to advances in technology, shall be made in accordance 
with the procedure laid down in Article 18.' 
3. 
4. 
5. At the end of the second subparagraph of Article 18 (4), 
the words 'save where the Council has decided against 
the said measures by a simple majority' are deleted. 
At the end of the second subparagraph of Article 19 (4), 
the words 'save where the Council has decided against 
the said measures by a simple majority' are deleted. 
Annex B, 
following: Chapter II.l.(v) is replaced by the 
(») OJ No L 194, 22. 7. 1988, p. 10. '(v) in the case of bulls in production which are kept out 
of contact with other animals in the centre, either an 
immunofluorescent antibody test or a culture test 
for Campylobacter foetus infection on a sample of 
preputial material or artificial vaginal washings; in 
the case of female animals a vaginal mucus 
agglutination test must be carried out.' 
6. In Annex C.l .(b)(ii), first and second indents, the words 
'before entering the centre' are deleted.