NoC 84/102 Official Journal of the European Communities 2. 4. 90 
— the geographical situation of the establishments, 
— local traditions, 
— the size of the establishments concerned and their 
production volume, 
— the nature of the production concerned, including the 
technology used, 
— the distribution channels for the production 
concerned, 
Article 4 
1. The Commission shall be assisted by the Standing 
Veterinary Committee set up by Council Decision 
68/361/EEC (!), hereinafter called 'the Committee'. 
2. Whereas the procedure laid down in this Article is to be 
followed the following provisions shall apply. 
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 
H~OJ No L.T55, 18. 10. 1968, p. 23. 
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 live animals and products of animal origin are 
included in the list of products in Annex II to the Treaty; 
whereas the placing on the market of animals and products of 
animals origin constitutes a source of income for a large part 
of the farming population; 
Whereas in order to ensure the rational development of this 
sector and to increase productivity, animal health rules 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. 
The Commission shall adopt the measures envisaged if they 
are in accordance with the opinion of the Committee. 
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, the Council has not acted, the proposed measures 
shall be adopted by the Commission. 
Article S 
This Decision is addressed to the Member States. 
governing the placing of animals and products of animal 
origin on the market should be laid down at Community 
level; 
Whereas the Community must adopt the measures intended 
to establish the internal market progressively over a period 
expiring on 31 December 1992; 
Whereas, in view of the abovementioned objectives, the 
Council has laid down animal health rules applicable to 
cattle, swine, sheep and goats, equidae, poultry and hatching 
eggs, fish and fish products, rodents, semen of bulls and 
boars, bovine embryos, fresh meat, poultrymeat, meat 
products, game meat and rabbit meat; 
Whereas animal health rules should be adopted for the 
placing on the market of animals and products of animal 
origin which are not covered by the abovementioned 
rules; 
Whereas, in order to be placed on the market, animals and 
products of animal origin must satisfy certain animal health Proposal for a Council Regulation (EEC) laying down animal health requirements for the placing on 
the market in the Community of animals and products of animal origin not covered in this respect by 
specific Community rules 
COM(89) 658 final 
(Submitted by the Commission on 13 February 1990) 
(90/C 84/09) 
2. 4. 90 Official Journal of the European Communities NoC 84/103 
requirements designed to prevent the spread of contagious 
diseases; 
Whereas provision should be made for applying this 
Regulation without prejudice to Council Regulation (EEC) 
No 3626/82 of 3 December 1983 on the implementation in 
the Community of the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (a), as last 
amended by Regulation (EEC) No 610/89 (2); 
Whereas reference should be made to Council Directives 
64/432/EEC (3), as last amended by Directive 
88/406/EEC(4) and 85/511/EEC (5) as regards certain 
technical aspects; 
Whereas, in respect of the organization and effects of the 
checks to be 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 ... of ... concerning veterinary 
checks in intra-Community trade with a view to the 
completion of the internal market (6); 
Whereas provision should be made for autonomous checks 
to be carried out by the Commission; 
Whereas provision should be made for a procedure 
establishing close cooperation between the Member States 
and the Commission within the Standing Veterinary 
Committee, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation lays down animal health requirements 
for the placing on the market in the Community of animals 
and products of animal origin not subject to animal health 
requirements laid down in other specific Community 
rules. 
2. This Regulation shall apply without prejudice to the 
provisions adopted pursuant to Regulation (EEC) 
No 3626/82. 
Article 2 
For the purposes of this Regulation: 
1. 'cagebirds' means birds other than those specified by 
Regulation (EEC) No . . . (live poultry and hatching 
eggs) (7), in particular those susceptible to 
ornithosis/psittacosis; 
(') OJNoL 384, 31. 12. 1982, p. 1. 
(2) OJ No L 66, 10. 3. 1989, p. 24. 
(3) OJ No 121, 29. 7. 1964, p. 1977/64. 
(4) OJ No L 194, 22. 7. 1988, p. 1. 
(5) OJ No L 315, 26. 11. 1985, p. 11. 
(6) OJ No L . . . 
(7) OJ No L . . . 2. 'fur animals' means animals of the order Carnivora, 
other than those covered by Regulation (EEC) No . . . 
(cats and dogs) (8), and in particular mink and foxes; 
3. 'bees' means insects of the species Apis; 
4. 'monkeys' means animals of the order Primates, in 
particular lemurs and gorillas; 
5. 'ungulates' means animals of the order Ungulata, other 
than those covered by Directive 64/432/EEC, 
Regulation (EEC) No . . . (sheep and goats) (9) and 
Regulation (EEC) No . . . (equidae) (10), in particular 
buffaloes, bison, red deer, roe deer and wild boar; 
6. 'products of animal origin' means any product directly 
or indirectly derived from an animal, whether 
processed or otherwise; 
7. 'apiculture products' means honey, beeswax, royal 
jelly, propolis or pollen, other than for human 
consumption; 
8. 'milk-based products' means all milk products as 
defined in Article 2 of Regulation (EEC) No . . . (milk 
products) (n); 
9. 'holding' means a facility in which animals are 
habitually kept or reared; 
10. 'establishment' means a facility in which products of 
animal origin are treated, stored or handled; 
11. 'compulsorily notifiable diseases' means the diseases 
which are listed in Annex A and which, if present or 
suspected of being present in the species concerned, 
must be notified to the competent authority of the 
Member State; 
12. 'official veterinarian' means a veterinarian designated 
by the competent authority of the Member State. 
Article 3 
Animals may be placed on the market only if they show no 
clinical signs of disease. 
Article 4 
In order to be placed on the market: 
1. cagebirds must meet the requirements set out in 
Annex B; 
2. fur animals must meet the requirements set out in 
Annex C; 
3. bees must meet the requirements set out in Annex D; 
4. monkeys must meet the requirements set out in 
Annex E; 
5. ungulates must meet the requirements set out in 
Annex F; 
"(8) OJNofT. . 
(9) OJ No L . . . 
(10) OJNoL. . . 
i11) OJNoL. . . 
No C 84/104 Official Journal of the European Communities 2. 4. 90 
6. semen, ova and embryos of equidae and of sheep and 
goats, ova and embryos of swine and bovine ova must 
meet the requirements set out in Annex G; 
7. apiculture products must meet the requirements set out 
in Annex H; 
8. milk and milk-based products must meet the 
requirements set out in Annex I. 
Article S 
The animal health requirements which animals and products 
of animal origin other than those specified in Article 4 must 
meet in order to be placed on the market shall, where 
necessary, be adopted in accordance with the procedure laid 
down in Article 10. 
Article 6 
The rules laid down in Council Regulation (EEC) No . . . 
(checks) 0), shall apply, in particular as regards the 
organization and effects of the checks carried out by the 
Member State of destination and the safeguard measures to 
be applied. 
Article 7 
Pending the application of Community rules, the 
requirements applicable to imports of animals and products 
of animal origin from third countries shall not be more 
favourable than those laid down in this Regulation. 
Article 8 
Veterinary experts from the Commission may make 
on-the-spot inspections in so far as that is necessary for 
ensuring uniform application of this Regulation. The 
Commission shall notify the Member States of the results of 
such inspections. 
The Member State in whose territory an inspection is being 
carried out shall give all necessary assistance to the experts in 
carrying out their duties. 
General provisions for the application of this Article and the 
rules applicable in respect of inspections carried out pursuant 
to this Article shall be adopted in accordance with the 
procedure laid down in Article 11. 
Article 9 
The Annexes may be amended in accordance with the 
procedure laid down in Article 10. 
Article 10 
1. The Commission shall be assisted by the Standing 
Veterinary Committee, set up by Council Decision 
68/361/EEC (2), 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. 
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. 
The Commission shall adopt the measures envisaged if they 
are in accordance with the opinion of the Committee. 
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 11 
Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply. 
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, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, 
each Member State shall have the right to ask to have its 
position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform the 
Committee of the manner in which its opinion has been taken 
into account. 
Article 12 
This Regulation shall enter into force on the 30th day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 January 1991. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
(') OJ No L . . . 
(2) OJ No L 225, 18. 10. 1968, p. 23. 
2. 4. 90 Official Journal of the European Communities No C 84/105 
ANNEX A 
Compulsorily notifiable diseases Species concerned 
— American foulbrood 
— Acariosis 
— Varroasis 
— Ornithosis/psittacosis 
— Newcastle disease 
— Avian influenza as defined in point 1 of Annex II 
(EEC) No . . . poultry and hatching eggs 
— Tuberculosis 
— Foot-and-mouth disease 
— Brucellosis {Brucella spp.) 
— Classical swine fever 
— African swine fever 
— Rabies 
— Aleutian disease 
— Viral enteritis of mink to Regulation bees 
bees 
bees 
cagebirds 
cagebirds 
cagebirds 
primates and ungulates 
ungulates 
ungulates 
ungulates 
ungulates 
fur animals, ungulates, primates 
mink 
mink 
ANNEX B 
Cagebirds 
1. Cagebirds must not have originated in an area infected by Newcastle disease or by avian influenza as defined in 
Annex II to Council Regulation (EEC) No . . . (poultry and hatching eggs). 
2. In addition, birds susceptible to ornithosis/psittacosis must not have originated on a holding which is the 
subject of a prohibition order associated with an occurrence of ornithosis / psittacosis (Chlamydia psittaci) and 
must not have been in contact with animals from such a holding. The period of prohibition after the last 
recorded case and the period of treatment with antibiotics under veterinary supervision must be at least two 
months. However, different requirements may be adopted in accordance with the procedure laid down in 
Article 10. 
ANNEX C 
Fur animals 
1. Without prejudice to the quarantine measures adopted against rabies, fur animals must not have originated on 
a holding which is the subject of a prohibition order associated with an occurrence of rabies and must not have 
been in contact with such a holding. The period of prohibition after the last recorded case must be at least six 
months. 
2. In addition, mink: 
(a) must not have originated on a holding which is the subject of a prohibition order associated with an 
occurrence of viral enteritis in mink and must not have been in contact with animals from such a holding. 
The period of prohibition after the last recorded case and following the date on which all susceptible 
animals on the holding were vaccinated must be at least one month; 
(b) must have originated on a holding which is free from Aleutian disease. Detailed rules for the application of 
this paragraph will, if required, be adopted in accordance with the procedure laid down in 
Article 10. 
NoC 84/106 Official Journal of the European Communities 2. 4. 90 
ANNEX D 
Bees 
I. Bees must: 
(a) not have originated in an area which is the subject of a prohibition order associated with an occurrence of 
American foulbrood or acariosis. The period of prohibition after the last recorded case must be at least 
30 days, within a radius of 5 kilometres. 
(b) not have originated in an area where varroasis is endemic or which is the subject of a prohibition 
associated with an occurrence of varroasis. The period of prohibition after the last recorded case must be 
at least six months, within a radius of 5 kilometres. 
II. By way of derogation from point I (b), one or more queen bees and their attendants (up to 20 bees per queen) 
may originate in an area where varroasis is endemic or which is the subject of a prohibition order associated 
with an occurrence of varroasis, provided the following conditions are met: 
(a) they must have undergone, under the supervision of the com petent authority, effective treatment against 
varroasis not more than seven days prior to being placed on the market; 
(b) they must be accompanied by a certificate as set out in IV below. The period of validity of the certificate is 
10 days. 
III. By way of derogation from point I (b), a hive or bee colony placed on the market for transhumance purposes 
may originate in an area where varroasis is endemic or which is the subject of a prohibition order associated 
with an occurrence of varroasis, provided the following conditions are met: 
(a) the hive or colony must have undergone, under the supervision of the competent authority, effective 
treatment against varroasis not more than six months prior to being placed on the market; 
(b) it must be intended for an area where varroasis is endemic or which is the subject of a prohibition order 
associated with an occurrence of varroasis; 
(c) the hive or colony must be accompanied by a certificate as set out in IV below. The period of validity of 
the certificate is six months from the date of the treatment specified in (a) above. 
^oC^gtt^ C^t^c^l]ourn^lotr^Lnro^^nCornrnuntn^ ^^^0 
B^^^^X^ 
donkeys 
I. donkeys must^ 
^a^ not haveonginatedonaholdingwhich is the subject ofaprohibition order associated with an occurrence 
of rabies and must not have been in contact with animals from suchaholding.The period of prohibition 
after the last recorded case must be at least six months^ 
^ haveundergone,withnegativeresults,asubcutaneoustubercuhn test dunngthesixmonthspnorto being 
placed on the market. Oetailed implementing rules regarding the tuberculin test will, if necessary, be 
adopted in accordance with the procedure laid down in ^rticlefO^ 
^ be accompanied by the certificate foreseen under III,the valid period of^days. 
II. Byway of derogationfromlabove,monkeys may beplaced on the marketiftheyareconsignedfrom and to an 
officially approvedbody,mstituteorcentre. Inordertobegrantedofficialapprovalby the competent 
authorities of the member ^tate the body, institute or centre must be under the supervision of an official 
veterinarian. 
^oC^BMO C^t^ci^I]ourn^otr^^^uro^c^nCornrnuntn^ ^^ ^0 
B^^^^^^ 
Ungulates 
I Ungulates must 
m^ not be due for slaughter underacontagious disease eradication programme, 
^ nothaveonginatedonaholdingwhichisthesub^ectofaprohibition order associated with an occurrence 
of tuberculosis and must not have been in contact with animals from suchaholding The period of 
prohibition after the last recorded case must be at least three months, 
^ not be the subject of animal health measures adopted pursuant to Oirective^^3M^^e 
^ not have been vaccinated against foot and^mouth disease, 
^ not have come fromaholding as referred to in ^rticle^^^and^ofOirective^^^^^e, 
^f^ be accompanied by the certificate specifiedmVII below 
II lOummants and suidae must also be identified If necessary, the methods used for identification are to be 
adopted in accordance with the procedure laid down in ^rticlele^ 
III In addition to the requirements laid down inland II,ruminants must have been keptmisolation under 
veterinary supervision on the holding of origin for the ^e^ days before being placed on the market, and during 
that period must have undergone, with negative results 
m^ a subcutaneous tuberculin test carried out in accordance with the provisions of Anne^Bto directive 
^^^^r^OB However, different detailed implementing rules may, v^here necessary, be adopted for 
certain species in accordance with the procedure laid down in ^rticlell, 
^b^ aserum agglutination test andacomplement fixation test carried out in accordance with the provisions 
of^andBof^nne^etoOirective^^^^^C However,differentdetailedimplementingoftestrules 
may, where necessary, be adopted for certain species in accordance with the procedure laid down in 
article r^ 
IV In addition to the requirements laid down inland II,suidae must 
m^ have been kept in isolation undervetennary supervision on the holding of origin for^days before being 
placed on the market, and during that period must have undergone, with negative results 
^i^ aserumagglutmation test andacomplementfi^ationtestin accordance with^andBof^nne^eto 
Oirective^^^B^re, 
m^ atest carried out in accordance with ^nne^ItoOirective^O^I^^I^e, 
^ not have originated in an area which is the subject of classical swine fever prohibition measures adopted 
pursuant to Oirective^^I^^e, 
^ nothaveonginatedman areaorapartofaterntory which isthesub^ectof^fncanswinefever 
prohibition measures adopted pursuant to Oirective^^^^^e 
V However,point IVm^n^does not apply to suidae originating maMember State or region recognized as 
officially free of swine fever in accordance with Article ^b of Oirective^^^^^C 
VI By way of derogation from II,III,IVandV,ruminants and suidae may be placed on the market if they are 
consigned from and to an officially approved body,instituteor centre In ordertobegranted official approval 
by the competent authorities ofthe Member State the body,institute or centre must be under the supervision 
of an official veterinarian 
No C 84/112 Official Journal of the European Communities 2. 4. 90 
ANNEX G 
Semen, ova and embryos 
Semen, ova and embryos of equidae, sheep and goats, ova and embryos of swine and bovine ova must: 
(a) have been removed, treated, stored and transported subject to conditions adopted in accordance with the 
procedure laid down for in Article 10; 
(b) come from animals which satisfy the health requirements adopted in accordance with the procedure laid down 
in Article 10. 
ANNEXH 
Apiculture products 
Apiculture products must not have originated in an area which is the subject of a prohibition order associated with 
an occurrence of American foulbrood or acariosis disease. The period of prohibition after the last recorded case 
must be at least 30 days, within a radius of 5 kilometres. Any derogations from these requirements must be 
determined in accordance with the procedure laid down in Article 10. 
ANNEX I 
Milk and milk-based products 
Milk and milk-based products must not have originated in a surveillance area as provided for in Directive 
85/511/EEC. However, they may be placed on the market if the milk has been pasteurized (72 °C, 15 seconds) 
under the supervision of the competent authority. 
Proposal for a Council Regulation (EEC) laying down the health rules for the production and placing 
on the market of raw milk, of milk for the manufacture of milk-based products and of milk-based 
products 
COM(89) 667 final 
(Submitted by the Commission on 13 February 1990) 
(90/C 84/10) 
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 raw milk, milk for the manufacture of milk-based 
products and milk-based products are included in the list of 
products in Annex II to the Treaty; whereas the production 
of and trade in raw milk, milk for the manufacture of 
milk-based products and milk-based products constitute a