21. 5. 90 Official Journal of the European Communities No C 124/7 
Opinion on the Commission's proposal for a Council Regulation (EEC) concerning game 
meat and rabbit meat(1) 
(90/C 124/04) 
On 16 November 1989, the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Commit­
tee's work on the subject, adopted its Opinion on 9 March 1990. The Rapporteur was Mr 
Murphy. 
At its 275th plenary session (meeting of 28 March 1990) the Economic and Social Committee 
adopted the following Opinion unanimously. 
INTRODUCTION 
1. According to the Commission 
a) This is a proposal, under Article 43 of the Treaty, 
to harmonize the Rules in public health and animal 
health affecting game meat and rabbit meat, while 
taking account of rational development, production 
and productivity in the farming sector, with encour­
agement in intra-Community trade. Game meat 
includes meat from wild and raised game, including 
feathered game. 
b) Rules affecting trade in fresh meat and poultry meat 
(including imported fresh meat) are applied to game 
meat and rabbit meat. Member States are obliged 
to apply to imported meat the conditions in line 
with those specified in the proposal, until specific 
Community rules are adopted. Proposals for health 
Rules on importation from third countries are 
pending. 
c) The proposal applies to national production and 
aims at eliminating distortion in competition 
between producers without prejudice to Com­
munity Rules on the protection of wild life. 
d) As diseases transmittable to humans and domestic 
animals may be spread by game meat and rabbit 
meat, provision is made for Rules aimed at the 
control of these risks, and for the hygienic treatment 
and processing of these meats to avoid food-borne 
infection and also for veterinary inspections. Pro­
vision is made for on-the-spot veterinary checks by 
the Commission. rabbit meat are also pending. Controls will extend 
to the equipement of establishments processing 
game meat and rabbit meat. 
f) Exemptions may be made for local « small sales ». 
g) Measures and decisions for applying the (proposed) 
Regulation are to be developed and taken within 
the prescribed procedures and in consultation with 
the Standing Veterinary Committee (SVC). 
h) The proposed date of commencement is 1 April, 
1990. 
2. General approval—with remarks 
2.1. The general intent of the (proposed) Regulation 
is approved subject to remarks and recommendations 
in the general comments and specific comments which 
follow. 
3. General comments 
a) The Commission's proposal shows a singular lack 
of knowledge of the practical problems associated 
with wild game hunting. 
b) The Committee is of the opinion that it would be 
more realistic to differentiate more between wild 
and farmed game. The Committee believes that the 
following principles would be more practicable and 
acceptable: 
e) The health status of game and rabbit meat is to be 
surveyed and studied as a check on contagious 
diseases and on residues. Proposals for health Rules 
on meat products prepared with game meat and 
ii) 
(*) OJ No C 327, 30. 12. 1989, p. 40. all game for intra-Community trade must com­
ply with the appropriate red and white meat 
hygiene Rules and be health-marked; 
there should be a derogation to allow Member 
States to permit of the sale of traditional hung 
and handled rabbits, hares and birds which 
have been shot in the wild; 
No C 124/8 Official Journal of the European Communities 21. 5. 90 
the carcasses of wild shot deer which have 
been eviscerated in the field should be inspected 
secondarily in the game larder and not allowed 
to go into intra-Community trade. (The inspec­
tion of deer at the point of shooting is carried 
out by the wardens or game keepers, suitably 
trained, and should continue to be allowed). 
All farmed game must be processed according to 
the appropiate red and white meat Directives and 
be appropriately health marked. 
d) This is one of several incomplete measures affecting 
domestic trade, intra-Community trade and imports 
from third countries. The (proposed) Regulation 
depends for its proper and effective implementation 
on a number of other proposals (!) on which the 
Committee has given Opinions. Some of these have 
not been approved and none have been published 
as Legislation. The impact of pending Community 
Legislation including health Rules to which this 
proposal relates, has not yet fully emerged (2). 
It also depends on the application of basic defi­
nitions and a wide range of health, inspection and 
hygiene Rules Governed by two Directives (3) 
intended for general repeal from 1 January 1993, 
under more recent proposals (4). Seven Articles are 
affected by at least sixteen applied Rules apart from 
definitions. There is no clear 'carry-over' Article 
in the proposal such as that in Article 18 of COM 
(89) 673 final. tion of the free Internal Market in live animals, 
animal products and products of animal origin'. 
However, these control measures which are needed 
to remove the «threat to the Community Economy » 
through Newcastle disease, etc. have not yet been 
developed or adopted, and the studies on it have 
not been completed. This is business for another 
time. For these reasons the application of part of 
Article 4 (1) b) of the proposal, in its present form, 
is premature. 
g) Article 36 of the Treaty underpins the need for 
safeguards to protect the health and life of humans 
and animals, when safeguards are not arbitrary or 
disguised restrictions on trade between Member 
States, as follows: 
'The provisions of Articles 30 to 34 shall not 
preclude prohibitions or restrictions on imports, 
exports or goods in transit justified on grounds 
of public morality, public policy or public secur­
ity; the protection of health and life of humans, 
animals or plants; the protection of national 
treasures possessing artistic, historic or archael-
ogical value; or the protection of industrial and 
commercial property. Such prohibition of 
restrictions shall not, however, constitute a 
means of arbitrary discrimination or a disguised 
restriction on trade between Member States.'(6) 
When goods, products and animals move within the 
Internal Market, they should move as safe commodities 
It seeks to apply, (by virtue of Article 4 (1) b)(5), 
another proposal for Legislation, which seems to be 
a premature measure, appearing also to be second­
ary or complimentary to the (pending and unpub­
lished) proposal on the control of Newcastle disease, 
avian influenza, etc. Newcastle disease is a group 1 
disease. This is a contagious disease which affects 
poultry and feathered game. It is regarded by the 
Commission as one which poses a serious threat to 
the Community economy. And it is described as a 
group 1 disease in their Strategy Paper on 'Realiza-h) Adequate and safe public health standards within 
the Community and the means of achieving and 
servicing them are matters of increasing public con­
cern and awareness. In completing the Internal Mar­
ket a two-fold aim must be accommodated, namely, 
high and safe health standards to ensure that when 
goods (including animals and animal products) 
move, they move as safe commodities. And the 
same conditions also apply to imports from third 
countries. The generation of public confidence in 
the health control measures should be the common 
aim and concern of all parties in the development 
of the Internal Market (7). 
COM(89) 503 final. 
COM(88) 383 final, COM(89) 9 final, Directive 88/409 (part.), 
Health Rules. 
Directive 64/433/EEC and Directive 71/118/EEC. 
COM(89) 668 final and COM(89) 673 final. 
COM(89) 507 final. i) A new transitional safeguard has been included in 
this proposal concerning the import of game meat 
and rabbit meat from third countries under which 
(6) NB: Article 36 has been modified by Article 100A. 
C) COM(89) 493 final. 
21. 5. 90 Official Journal of the European Communities No C 124/9 
Member States are obliged to apply to those imports 
certain specified conditions in pending (or pro­
posed) Community Legislation (1). 
j) The Committee notes, with general approval the 
proposals (among others): 
i) which aim to provide that intra-Community 
trade in game meat (and rabbit meat) shall 
be subject to appropriate animal health rules 
governing intra-Community trade in fresh 
meat (including veterinary checks), in view of 
the completion of the Internal Market; 
ii) which aim to impose in imports from third 
countries the conditions applied to domestic 
and (intra-Community) trade, including tran­
sitional rules; 
iii) for on-the-spot veterinary checks by the Com­
mission; 4. Specific comments 
a) Articles 2, 6, 7, 8, 9, 11, 13 (in common) 
Several « applied» definitions, rules and conditions in 
these Articles are included in Directives intended for 
general repeal as from 1 January 1993, under more 
recent proposals. The Committee wonders if (and to 
what extent) the definitions and other measures applied 
under this Regulation may remain valid as from 1 
January 1993, in the absence of any clear « carry-over » 
provision in this (proposed) Regulation. The Commit­
tee has made a Recommendation, for this purpose 
under Article 22. 
b) Article 2 (definitions): 
i) Wider and clearer definitions should be developed 
in the description of wild game, enclosed game, 
farmed game and domestic game. 
iv) for specific tests on wild game with conse­
quent limitations on the use of game meat— 
where necessary; 
v) for the identification of areas affected by 
environmental contamination e.g., residues 
and harmful substances etc.; 
vi) for 'exceptions' by Member States for small 
quantities of harmed game meat, wild game 
meat and rabbit meat which is sold by the 
producer (hunter) to the final consumer; 
vii) for surveys of the health status of game and 
rabbit meat together with follow-up actions; 
viii) for the imposition of hygienic conditions dur­
ing and after processing and in transportation. 
k) The Committee would emphasize the importance 
of veterinary checks. It is necessary to apply to 
imports from third countries the health and other 
conditions applicable to domestic and intra-Com­
munity trade. The indications are that the total 
value of game meat imported by the Community 
exceeded 248 million ECU (1988). 
When the proposals for Legislation mentioned in 
this draft Regulation have been published as Legis­
lation, consideration could be given to the prep­
aration of proposals for a separate instrument 
governing the health regime for red game meat and 
white game meat. ii) The Committee notes that while the definition 
«official veterinarian» is to be retained, in this 
Legislation, a revised definition is proposed in 
pending Legislation in respect of « assistant(s) » (in 
relation to specified functions) (2). 
The Committee wonders if (and to what extent) the 
definitions and measures applied under this Regulation 
(and proposed for repeal) may remain valid in respect 
of the present proposal, as from 1 January 1993. 
iii) « Environment» in Article 5 should be adequately 
described, as environments may be involved in 
addition to the « area of hunting ». 
c) Article 3(1) 
i) First paragraph: 
The meaning of 'regular intervals' in this Article is not 
clear. 
Replace by: 'strategic intervals as necessary'. 
ii) Commence the 2nd paragraph as fol 
lo ws: 
'To this end an official central service or body...'. 
(The word 'official' is proposed for insertion in line 
with definition 10 in Article 2.) 
(!) Article 20. (2) Defined in Article 2 of Directive 71/118/EEC. 
No C 124/10 Official Journal of the European Communities 21. 5. 90 
iii) Last line: f) Article 8 (1) d) 
Replace 'admitted levels' with 'permitted levels'. 
(This is a drafting amendment.) 
d) Article 4 
The linkage provisions are unclear and are open to 
several interpretations. 
i) Article 4 (1) should commence as follows: 
'1. Intra-Community trade of game meat shall be 
subject to appropriate animal health rules governing 
intra-Community trade of fresh meat {or fresh poul-
trymeat, as the case may be) referred to in:' (remain­
der unchanged). 
ii) Provision should be made to defer the commence­
ment of the farmed feathered game, (provisions of 
the (proposed) Regulation which depend on the 
operation of (unpublished) (l) control measures on 
Newcastle Disease, etc.) until those 'measures' have 
been implemented. 
e) i) Article 6 (2) (Farmed game meat): 
It is noted that this is a temporary provision pending 
the.adoption of health Rules (2) for meat intended for 
the domestic market. It governs the slaughter of game 
and the treatment and storage of game meat in estab­
lishments approved by national authorities—provided 
it does not enter intra-Community trade. The inference 
is that some authority is expected to impose the appro­
priate conditions. 
ii) Article 6 (3) 
This enables the official veterinary service to 'authorize' 
the shooting of farmed game in exceptional circum­
stances (to avoid risks, etc.); 
it should be modified as a matter of practicality, so 
that: 
'Pre-shoot (or pre-kill) stunning of game may be 
optional'. After 'official veterinarian' insert: 'or by assistants act­
ing under his direct authority'. 
g) Article 9 (1) d) 
After 'official veterinarian' insert: 'or by assistants act­
ing under his direct authority'. 
h) Article 13 (4) 
Second sentence: 
After 'official veterinarian' insert: 'or his assistants 
must.' 
i) Article 15 
The Committee's Opinion on the proposal for the 
Regulation concerned was delivered on 14 December 
1988 (3). 
j) In the Committee's Opinion of 14 December 1988, 
concerning veterinary checks in intra-Community 
trade with a view to the completion of the Internal 
Market, it was endorsed (and must be repeated) 
inter alia, as follows: 
'The Regulations gloss over too many practical 
problems in regard to health control in the 
absence so far of decisions on the Community 
strategy for animal health control in the Single 
European Market or on the measures necessary 
to implement this strategy. Proposals for move­
ment control are premature'. 
The present proposal merits a similar comment in view 
of the presumption that an informed assessment could 
be made as to the scope and impact of measures for 
the control of movement and health factors within the 
Internal Market, as if they had already been adopted, 
as Legislation. 
k) Moreover, the (proposed) Regulation depend for its 
proper and effective implementation on a number of 
other proposals on which the Committee has given 
Opinions (4). Some of these have not yet been adopt­
ed (and none have been published as Legislation). 
The scope and impact of pending Community 
Legislation to which this proposal relates, has not 
yet fully emerged. 
(1) Explanatory memorandum to COM(89) 496 final. 
(2) Directive 88/409/EEC. (3) OJ No C 56, 6. 3. 1989. 
(4) COM(88) 383 final and COM(89) 9 final. 
21. 5. 90 Official Journal of the European Communities NoC 124/11 
1) Article 17 (Exceptions by Member States) n) Article 22 
The Committee recommends that additional excep­
tions may by granted by Members States in respect 
of local traditional practices, provided the game 
meat does not enter intra-Community trade. 
Accordingly, new indents should be inserted in 
Article 17 (1), as follows: i) Provision should be made in this Article for 'carry­
over' measures, as follows: implementing measures 
adopted under Directives 64/433/EEC and 71/118/ 
EEC are valid in respect of this regulation'. 
ii) 1 April 1990 is an unrealistic date of commence­
ment. 
'd) for rabbits, hares and farmed game meat. 
e) for carcasses of wild shot deer which have 
been eviscerated in the field; provided they 
are subject to inspection in the game 
larder'. 
Provided also that wild game meat intended for 
intra-Community trade is subject to veterinary and 
public health inspection and the Rules, governing 
the health mark(s) as specified in Directives 64/233/ 
EEC and 71/118/EEC as amended. 
The proposal to facilitate local small sales is noted 
with approval. The Committee takes this proposal 
to mean 'exceptions' for local traditional sales (or 
trade) in which no need is seen for a more precise 
description of the local sales area (or district) for 
'small sales'. However, as it is a proposal for a 
Regulation, the words 'final consumer' could 
attract a very strict interpretation not in harmony 
with local traditional sales, small sales to local 
hotels or restaurants, for example. Modifications 
are, therefore, needed in the interests of clarity and 
practicality. It is recommended that a new sub­
paragraph (3) be added to this Article (more or less) 
as follows: 
'(3) In this Article 
a) 'final consumer' includes a 'local restaurant 
or hotel' 
b) 'small quantities' include 'one or more items 
of game.' 
m) Article 20 5. Additional specific comment 
As Legislation on the safeguarding of public health and 
animal health cannot be applied effectively unless it is 
serviced by an adequate level of qualified personnel to 
operate inspections and enforcement of health Rules, 
the commercial advantages expected from the operation 
of the Internal Market should be accompanied by 
adequate resources to achieve these objectives. 
ANNEX I 
Chapter II {post-mortem health inspection of rabbits): 
Substitute for Rule 8: 
'The post-mortem inspection must be carried out 
under suitable lighting (not less than 240 lux for 
example) by the official veterinarian or by qualified 
assistants (*) acting under his direct authority'. 
ANNEX II 
Chapter I 
Rule 2 
'Game dealers' should be under the same obligations 
as 'hunters' to report to the veterinary inspector any 
unusual conditions and anomalies observed by them. 
Chapter V (Health marking for wild game) 
a) Rule 16 
Amend as follows: 
i) This Article should be appropriately amended to 
require Member States to promptly inform the 
Commission of any conditions which they are there­
by obliged to impose on the import of game meat 
and rabbit meat from third countries. First line: 
After 'carried out' insert: 'by the official veterin­
arian's assistants under the direct responsibility'. 
ii) Replace 'apply to those' with the words: 'shall 
apply' (drafting only). (') Technical amendment. There is provision for 'assistants' 
Article 11. 
No C 124/12 Official Journal of the European Communities 21.5.90 
b) At the end of point 19 add: 
'A clear indication of the pieces from which the 
Done at Brussels, 28 March 1990. 
1. Introduction 
According to the Commission 
This is a proposal, under Article 43 of the Treaty, 
which provides (inter alia) for: 
a) The approximation of the Rules governing animal 
health in intra-Community trade in fresh poultry 
meat and fresh meat of domestic birds (including 
hens, turkeys, guinea fowl, ducks, geese) and reared 
game birds. 
b) The application of a number of animal health stan­
dards to fresh poultry meat and fresh meat of reared 
game birds imported into the Community in order 
to safeguard human and animal health. 
c) 'Other use' for treated fresh meat from a banned 
holding or area, provided it bears a special mark. 
d) The improvement of information on the health sta­
tus of birds, the meat of which is intended for 
movement to another Member State. meat originates must be made for cut and packaged 
game meat'. 
(This is an additional safeguard.) 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
e) Independent on-the-spot inspections by the Com­
mission. 
f) Measures for applying the (proposed) Regulation 
shall be taken within the prescribed procedures and 
in consultation with the Standing Veterinary Com­
mittee (SVC). 
g) The commencement of the proposed Regulation, 
with effect from 1 November 1990. 
2. The actions proposed include: 
a) The promotion of measures (shortly) for the control 
of contagious diseases in the Community, including 
Newcastle disease (2) and avian influenza. 
b) A study on the potential risk of transmitting New­
castle disease through fresh poultry meat originating 
from vaccinated poultry. 
c) Veterinary checks in intra-Community trade, with 
a view to the completing of the Internal Market. Opinion on the Commission's proposal for a Council Regulation (EEC) on animal health 
conditions governing intra-Community trade and imports from third countries of fresh 
poultry meat and fresh meat of reared game birds (l) 
(90/C 124/05) 
On 14 November 1989 the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Com­
mittee's work on the subject adopted its Opinion on 9 March 1990. The Rapporteur was 
Mr Murphy. 
At its 275th plenary session (meeting of 28 March 1990) the Economic and Social Committee 
adopted the following Opinion unanimously. 
(!) OJ No C 327, 30. 12. 1989, p. 72. (2) COM (89) 507 final.