COMMISSION OF THE EUROPEAN COMMUNITIES 
C0HC89) 507 final 
Brussels, 20 October 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
on animal health conditions governing intra-Community trade and imports 
from third countries of fresh poultryneat and fresh neat of reared 
game birds 
(presented by the Commission) 
(&nS°}{ 
EXPLANATORY MEMORANDUM 
The Proposal herewith provides for the approximation of the rules governing 
the animal health aspects of intra-Community trade in fresh poultrymeat and 
fresh meat of reared game birds. Removing the present requirements, will avoid 
the spread of contagious diseases. More specifically, fresh meat from a 
holding or area which, under Community rules, is the subject of a ban imposed 
on grounds of animal health protection will not qualify for the health mark 
specified in the Community rules. Such meat may however, be put to other uses 
if it has undergone treatment designed to destroy the germs of the diseases 
concerned, in which case it will bear a special mark to that effect. 
The Proposal also provides for Community arrangements in respect of imports 
from third countries. With a view to safeguarding human and animal health, a 
number of animal health standards are laid down which will apply to third 
countries frcrr which fresh poultrymeat and fresh meat of reared game birds may 
be imported into the Community. 
This proposal will be complemented by measures for the control of Newcastle 
Disease in the Community, which will be proposed shortly. In addition, having 
regard to the different policies on vaccination pursued in the Member States, 
the Commission intends to have a study undertaken in relation to the potential 
risk of transmitting Newcastle Disease through fresh poultrymeat originating 
from vaccinated poultry. The proposal will be reviewed in the light of the 
results of the study. 
In its proposal the Commission has opted for the regulatory-committee 
procedure. This does not bring into question its preference for the advisory 
committee system generally. In the case at hand, the regulatory-committee 
procedure is justified in view of the wish to avoid disrupting the present 
management system in the veterinary field and the special nature of the 
decisions to be adopted which involve animal health protection as such in the 
Community and which have a major impact on animal husbandry policies in the 
Community. 
The proposed Regulation would apply with effect from 1 November 1990. This is 
advisable in view of the need to introduce harmonized control measures against 
contagious diseases - Newcastle disease in particular - which affect poultry. 
Proposal for a 
COUNCIL REGULATION (EEC) 
on animal health conditions governing intra-Community trade and imports from 
third countries of fresh poultrymeat and fresh meat of reared game birds. 
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 poultrymeat is included in the list of products in Annex II to the 
Treaty; whereas the breeding and rearing of poultry is generally included in 
the farming sector and constitutes a source of income for part of the farming 
population; 
Whereas disparities between Member States should be removed by laying down 
rules regarding the animal health aspects of intra-Community trade in fresh 
poultrymeat with a view to ensuring the rational development of production in 
that sector and encouraging inta-Community trade, thus contributing to the 
completion of the internal market; 
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Whereas, in particular, to improve information concerning the state of health 
of the birds from which fresh meat for consignment to another Member State 
comes, it should be stipulated that the birds must either have been reared on 
the territory of the Community or have been imported from third countries in 
accordance with the rules adopted pursuant to Chapter III of Council Regulation 
(EEC) No / /on animal health conditions governing intra-Community trade 
and imports from third countries of poultry and hatching eggs? (1); 
Whereas, in order to prevent it from propagating epizootic diseases, fresh 
meat coming from a holding or area which, in accordance with Community rules, 
has been place under health restrictions, should be excluded from 
intra-Community trade; 
Whereas care should be taken that fresh poultrymeat that does not comply with 
Community rules should not be given the health mark provided for in Council 
Directive 71/118/EEC of IS February 1971 on health problems affecting trade in 
fresh poultrymeat (2), as last amended by Directive 88/657/EEC (3); whereas, such meat 
may, however, be put to other uses provided that it has undergone treatment designed to 
destroy the germs of diseases, in which case it wi 11 bear a special mark to that effect; 
Whereas, in respect of the organization of and the follow-up to the checks 
being carried out by the Member State of destination and the safeguard 
measures to be implemented, reference should be made to the general rules laid 
down in Council Regulation (EEC) No /concerning veterinary checks in 
intra-Community trade with a view to the completion of the internal market/'(4); 
Whereas provision should be made for independent checks to be carried out by 
the Commission; 
Whereas, in the interests of the harmonious development of intra-Community 
trade, Community rules should be adopted in respect of imports from third 
countries; 
(1) OJ No L 
(2) OJ No L 55, 8.3.1971, p. 23. 
(3) OJ No L 382, 31.12.1988, p. 3. 
(4) 
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Whereas defining Community provisions applicable to imports from third 
countries requires that a list be drawn up of third countries or parts of 
third countries from which fresh pouItcymeat and fresh meat of reared game 
birds may be imported and that a certificated be produced; 
Whereas the Commission's veterinary experts should be instructed to carry out 
checks in third countries in order to determine whether the rules are complied 
with; 
Whereas, in respect of the organization of and the follow-up to the checks to 
be carried out and the safeguard measures to be implemented, reference should 
be made to the general rules laid down in Council Regulation (EEC) No 
/on guidelines for the organization of veterinary checks in respect of 
products from third countries, with a view to the completion of the internal 
market*/ (5) ; 
Whereas the provisions of this Regulation will have to be reviewed in the 
context of the completion of the internal market; 
Whereas provision should be made for a procedure establishing close 
cooperation between the Member States and the Commission within the Standing 
Veterinary Committee; 
Whereas it is advisable to allow sufficient time to introduce harmonized 
control measures against the main contagious diseases, Newcastle disease in 
particular, which affect poultry, 
HAS ADOPTED THIS REGULATION : 
CHAPTER I 
GENERAL 
Article 1 
This Regulation lays down animal health requirements applicable to 
intra-Community trade in and imports from third countries of fresh meat of 
domestic birds of the following species : hens, turkeys, guinea fowl, ducks, 
geese and reared game birds. 
(5) OJ No L 
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Article 2 
1. For the purposes of this Regulation : 
(a) "reared game birds** means birds normally regarded as game, but which 
have been hatched, reared and kept in captivity; 
(b) "meat" means any part of the animals referred to in Article 1 which is 
fit for human consumption; 
(c) "fresh meat** means any meat which is referred to in Article 1 and 
which, with a view to being preserved, has undergone no treatment 
other than refrigeration. 
2. Moreover, for the purposes of this Regulation, the definitions set out in 
Article 2 of Council Regulation (EEC) No /on animal health 
conditions governing intra-Community trade and imports from third countries 
of poultry and hatching eggs/ shall also apply. 
Article 3 
Where appropriate, special exceptions from this Regulation or special require­
ments may be laid down in respect of fresh meat : 
- contained in the personal luggage of travellers, provided that such meat is 
not subsequently used for commercial purposes, 
- in small consignments to private individuals, provided that the said 
consignments are not of a commercial nature, 
- intended, for catering purposes, for staff and passengers on board means of 
transport on international routes to or from third countries. 
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CHAPTER II 
RULES GOVERNING INTRA-COMMUNITY TRADE 
Article 4 
In order to be traded within the Community the fresh meat must have been : 
1. obtained from poultry or reared game bird which : 
(a) have stayed in the Community since hatching or have been imported from 
third countries in accordance with the rules adopted pursuant to 
Chapter III of Regulation (EEC) No on animal health 
conditions governing intra-Community trade and imports from third 
countries of poultry and hatching eggs; 
(b) come from a holding : 
- which has not been placed under animal health restrictions in 
connection with a poultry disease; 
- which is not situated in an area which has been declared an avian 
influenza or Newcastle disease infection area; 
(c) during transport to the slaughterhouse did not come into contact 
with birds suffering from avian influenza or Newcastle disease. 
Transport through an area which has been declared an avian 
influenza or Newcastle disease infection area shall be prohibited 
unless major road or rail links are used; 
2. produced in slaughterhouses in which at the time of slaughter, no case of 
avian influenza or Newcastle disease had been recorded. Any fresh meat 
which is suspected of having been contaminated at the slaughterhouse, 
cutting plant or storage depot or in the course of transport must be 
excluded from intra-Community trade. 
Article 5 
Fresh meat which does not meat the requirements laid down in Article 4 shall 
not be given the health mark specified in Article 3(1) A(e) of Directive 
71/118/EEC. 
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Article 6 
1. Notwithstanding Article 5, and insofar as it is not intended for intra-
Community trade in fresh meat, fresh meat which does meet the require­
ments laid down in Article 4 may carry a mark in accordance with Article 
3(1) A(e) of Directive 71/118/EEC, provided that it is overstamped in accordance 
with point 1 of the Annex to thi s Regulation or that the special mark referred to in 
point 2 of the Annex to thi s Regulation is immediately imposed thereon. 
The provisions of Annex I, Chapter X, point 43 of Directive 71/118/EEC 
shall apply mutatis mutandis to the keeping and use of marking instruments. 
2. The meat referred to in paragraph 1 must be obtained, cut, transported and 
stored separately from, or not at the same time as, meat intended for 
intra-Community trade in fresh meat. 
Article 7 
The rules laid down in Regulation (EEC) No /on veterinary checks 
in intra-Community trade with a view to the completion of the internal market? 
shall apply, in particular as regards the organization of and the follow-up to 
the checks carried out by the Member State of destination, and the safeguard 
measures to be applied. 
Article 8 
Commission veterinary experts may, to the extent necessary to ensure uniform 
application of this Regulation, carry out on-the-spot inspections. The 
Commission shall inform the Member States of the outcome of such inspections. 
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The Member States in whose territory an inspection is carried out shall give 
the experts all the assistance necessary for the performance of thier tasks. 
General rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 17. Rules to be followed 
during the inspections provided for in this Article shall be adopted in 
accordance with the same procedure. 
CHAPTER III 
RULES FOR IMPORTS FROM THIRD COUNTRIES 
Article 9 
Fresh meat imported into the Community must satisfy the requirements laid down 
in Articles 10 to 13. 
Article 10 
1. The fresh meat must come from a third country or part of a third country 
included in a list drawn up by the Commission in accordance with the 
procedure laid down in Article 17. The list may be supplemented or amended 
in accordance with the same procedure. 
2. In deciding whether a third country or part thereof may be included in the 
list referred to in paragraph 1, particular account shall be taken of : 
(a) the state of health of the poultry, other domestic animals and 
wildlife in the third country, particular attention being paid to 
exotic animal diseases and the health situation in the surrounding 
area in that country, where either are liable to endanger public and 
animal health in the Member States; 
(b) the regularity and rapidity of the supply of information by the third 
country relating to the existence of contagious animal diseases in its 
territory, in particular the diseases in lists A and B of the 
International Office of Epizotics; 
8 -
(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 
contagious animal diseases; 
(f) the guarantees which the third country can give with regard to 
compliance with this Regulation. 
3. This list referred to in paragraph 1 and any amendments thereto shall be 
published in the Office Journal of the European Communities. 
Article 11 
1. Fresh meat must come from third countries free from avian influenza and 
Newcastle disease. 
2. The general criteria for classifying the third country from the point of 
view of the diseases referred to in paragraph 1 shall be adopted in 
accordance with the procedure laid down in Article 17. 
3. The Commission may, in accordance with the procedure laid down in 
Article 17, decide that the provisions of paragraph 1 shall apply only to a 
part of the territory of a third country. 
Article 12 
The fresh meat must : 
(a) satisfy animal health requirements adopted in accordance with the 
procedure laid down in Article 17. These requirements may differ 
according to the species of animal; 
(b) come from flocks which, prior to consignment, have, without 
interruption, been in the territory or part of the territory of the 
third country for a period to be defined in accordance with the 
procedure laid down in Article 17. 
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Article 13 
1. Fresh meat must be accompanied by a certificate drawn up by an official 
veterinary of the exporting third country. 
The certificate must : 
(a) be issued on the day of loading for consignment to the country of 
destination; 
(b) be drawn up in the official language or languages of the country of 
destination, and in one of the official languages of the country in 
which the import checks are to be carried out; 
(c) accompany the consignment in the original; 
(d) attest that the fresh meat satisfies the requirements of this 
Regulation and those adopted pursuant to this Regulation with regard 
to importation from third countries; 
(e) consist of a single sheet of paper; 
(f) be made out, in principle, for a single consignee. 
2. The certificate must conform with a model established in accordance with 
the procedure laid down in Article 17. 
Article 14 
On-the-spot inspections shall be carried out by veterinary experts on the 
Member States and the Commission to ensure that the provision of this 
Regulation are effectively applied. 
The Member States* experts responsible for these inspections shall be 
designated by the Commission on proposals from the Member States. 
The inspections shall be carried out on behalf of the Community, and the 
latter shall bear the costs. 
The frequency of the inspections and the inspection procedure shall be 
determined in accordance with the procedure laid down in Article 17. 
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Article 15 
1. The Commission may, in accordance with the procedure laid down in Article 
17, decide that imports from a third country or part of a third country are 
to be confined to fresh meat of a particular species. 
2. The Commission may decide, in accordance with the procedure laid down in 
Article 17, to apply animal health restrictions, as required, after 
importation. 
Article 16 
The general rules laid down in Regulation (EEC) No /concerning 
veterinary checks on products from third countries with a view to the 
completion of the internal market? shall apply in particular as regards the 
organization of and the follow-up to the checks to be carried out and the 
safeguard measures to be implemented. 
CHAPTER IV 
COMMON PROVISIONS 
Article 17 
1. The Commission shall be assisted by the Standing Veterinary Committee, set 
up by Council Decision 68/361/EEC (6)/ hereinafter referred to as the 
"Committee". 
2. Where the procedure laid down in this Article is to be followed, the 
provisions set out below 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 he 
weighted in the manner set out in that Article. The Chairman shall not vote. 
(6) OJ m L 255, 18,10.1968, p, 23. 
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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 three months from the date of referral to 
the Council, the Council has not acted, the proposed measures shall be 
adopted by the Commission. 
Article 18 
This Regulation shall be reviewed before 31 December 1991 in the light of 
proposals concerning the completion of the internal market-
Article 19 
This Regulation shall enter into force on the 30th day following that of its 
publication in the Official Journal of the European Communities. 
It shall apply from 1 November 1990. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, For the Council 
ANNEX 
Mark for meat intended for a use other than intra-Community 
trade in fresh poultrymeat and fresh meat of reared game birds 
1. The overstamping must be done in such a way that the health mark defined in 
44.1(a) and (b) of Chapter Z of Annex I to Directive 71/118/EEC is covered 
by a diagonal cross consisting of two straight lines crossing at right 
angles, with the point of intersection in the centre of the stamp and the 
information thereon remaining legible. 
2. The single special mark shall consist of the health mark defined in 44 (a) 
and (b) of Chapter Z of Annex I to Directive 71/118/EEC, as overstamped in 
accordance with point 1. 
FINANCIAL STATEMENT concernée : 
Draft proposal for a Council Regulation on animal health conditions 
governing intra-Community trade and imports from third countries of 
fresh poultrymeat and fresh meat of reared game birds 
1. Budget headlno, : 
IIIB I tea : 
382 Title : 
Inspection in Agriculture 
2. Legal basis : 
Article 43 of the Treaty 
3. Classification : , Coapulsory expenditure/Ncn-conpulsory expenditure 
Non-compulsory expenditure » 
4. Purpose/description of the aeasure : 
- Verification of the application of the Regulation (Art. 9) 
- Visit to third countries for animal health purposes*with a view to drawing 
up a list of third countries which may export to the Community and to drawing 
UP certificates for those countries. Commission checks in third countries 
(Article iu, li, i<*. 5. Method of calculation 
5.1 Fora of expenditure : 
5.2 Coaaunity contribution : Mission expenses 
100% 
5.3 Calculation : 
200 mission days per year at ECU 170 per day (current cost of 
inspections) = ECU 34,000 per year. 
6* Financial laplicatlon as regards operating appropriations 
6.1 Schedule of " * 
Year 
1991 
1!<92 
1993 
1994 
1995 
following appropri 
years ati ons r 
CA.V PA 
U.U44 
0.034 
0.034 
0.034 
0.034 C <ECU Trillion ) 
-
' 
lv»*l 
6.2 financing dur\nt) current y*-.-r : TTTPD" 
NIL 
7. Observations : 
» • 
This proposal also calls for two additional A7/6 posts. 
lasK i-orce rME 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
I. Quelle est la justification principale de la mesure ? 
Harmoniser les conditions de police sanitaire régissant le commerce 
intracommunautaire et les importations de viandes fraîches de volaille, 
II. Caractéristiques des entreprises concernées. En particulier : 
(a) Y a-t-il un grand nombre de PME ? 
Abattoirs de volaille et ateliers de découpe 
(b) Note-t-on des concentrations dans des régions 
i.éligibles aux aides régionales des Etats membres ? 
NON 
ii.éligibles au Feder ? 
NON 
III. Quelles sont les obligations imposées directement aux entreprises ? 
Respect de la réglementation 
IV. Quelles sont les obligations susceptibles d'être imposées indirectement 
aux entreprises via les autorités locales ? 
NEANT 
V. Y a-t-il des mesures spéciales pour les PME ? 
NON Lesquelles ? 
VI. Quel est l!_fc.!fe>t prévisible 
a) sur la compétitivité des entreprises ? 
b) sur l'emploi ? NEANT 
NEANT 
VII. Les partenaires sociaux ont-ils été consultés ? 
avis ? 
NON Quels sont leurs 
..»*.. ... i 
ISSN 0254-1475 
COM(89) 507 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-89-503-EN-C 
ISBN 92-77-54376-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg