COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 147 final 
Brussels, 21 April 1992 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 90/425/EEC concerning veterinary 
and zootechnical checks applicable in intra-Community 
trade in certain live animals and products 
with a view to the completion of the internal market 
(presented by the Commission) 
2 
EXPLANATORY MEMORANDUM 
Council Directive 90/425/EEC concerning veterinary and zootechnical checks 
applicable in intra-Community trade in certain live animals and products with a 
view to the completion of the internal market*1) provides that veterinary and 
zootechnical checks on certain live animals and products are no longer to be 
carried out at the Community's internal borders. 
However, the Directive leaves open the rules applicable after the expiry of 
certain transitional provisions (Articles 24 and 25). In addition, the fourth 
paragraph of Article 21 provides for inclusion in the scope of Council Directive 
89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community 
trade with a view to the completion of the internal market*2^ or of Directive 
90/425/EEC of the animals and products of animal origin not covered by the said 
Direct ives. 
This proposal provides for the abolition, from 1 July 1992, of veterinary checks 
at internal borders for all trade in live animals. It is clearly not 
appropriate to apply the arrangements provided for in Directive 90/425/EEC to 
checks on the movements between Member States of pets accompanied by a natural 
person. Such movements are not the subject of a commercial transaction and 
therefore fall outside the scope of Directive 90/425/EEC and will be dealt with 
in a specific Commission proposal. 
This proposal takes account of the considerable progress made in the 
harmonization of veterinary rules, particularly those concerning: 
- checks on live animals from third countries (Council Directive 91/496/EEC of 
15 July 1991 laying down the principles governing the organization of 
veterinary checks on animals entering the Community from third countries and 
amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3>) 
- measures to control foot-and-mouth disease (Council Directive 90/423/EEC of 26 
June 1990 amending Directive 85/511/EEC introducing Community measures for the 
control of foot-and-mouth disease, Directive 64/432/EEC on animal health 
problems affecting intra-Community trade in bovine animals and swine and 
Directive 72/462/EEC on health and veterinary inspection problems upon 
importation of bovine animals and swine and fresh meat or meat products from 
third countries)*4* and swine fever (Council Directive ../.../EEC of 
amending Directive 80/217/EEC introducing Community measures for the control 
of classical swine fever)(5). 
(1) 0J No L 224, 18.08.1990, p. 29. 
(2) 0J No L 395, 30.12.1989, p. 13. 
(3) 0J No L 268, 24.09.1991, p. 56. 
(4) 0J No L 224, 18.08.1990, p. 13. 
(5) 0J No L 
3 
proposal for a 
COUNCIL DIRECTIVE 
amending Directive 90/425/EEC concerning veterinary 
and zootechnical checks applicable in intra-Community 
trade in certain live animals and products 
with a view to the completion of the internal market 
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*1), 
Having regard to the opinion of the European Parliament*2), 
Having regard to the opinion of the Economic and Social Committee*3), 
Whereas the Community is to adopt measures designed to establish the internal 
market progressively over a period expiring on 31 December 1992; 
Whereas Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and 
zootechnical checks applicable in intra-Community trade in certain live animals 
and products with a view to the completion of the internal market*4), as last 
amended by Directive 91/628/EEC*5), provides that veterinary checks on certain 
live animals and animal products are no longer to be carried out at the 
Community's internal borders; 
(1) 0J No C 
(2) 0J No C 
(3) OJ No C 
(4) OJ No L 224, 18.08.1990, p. 29. 
(5) OJ No L 340, 11.12.1991, p. 17. 
,^^-^Am.t. imiam^v&m&± 
^ 
Whereas, since adopting Directive 90/425/EEC, the Council has fixed the 
principles governing the organization of veterinary checks on live animals and 
animal products entering the Community from third countries; whereas, in this 
respect, account should be taken of Council Directive 90/675/EEC of 10 December 
1990 laying down the principles governing the organization of veterinary checks 
on products entering the Community from third countries*6) and Council 
Directive 91/496/EEC of 15 July 1991 laying down the principles governing the 
organization of veterinary checks on animals entering the Community from third 
countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC*7); 
Whereas the fourth paragraph of Article 21 of Directive 90/425/EEC provides for 
the inclusion in the scope of the said Directive, and of Council Directive 
89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community 
trade with a view to the completion of the internal market*8) of live animals 
and products of animal origin not covered by the said Directives; 
Whereas Article 25 of Directive 90/425/EEC stipulates that the arrangements 
which are to apply when the transitional provisions provided for in Article 24 
expire should be determined; whereas, in this regard, account should be taken of 
the progress made in the Community as regards both the adoption of rules 
concerning live animals and animal products from third countries and the 
harmonization of measures to control foot-and-mouth disease and swine fever, 
specifically Council Directive 90/423/EEC of 26 June 1990 amending Directive 
85/511/EEC introducing Community measures for the control of foot-and-mouth 
disease, Directive 64/432/EEC on animal health problems affecting intra-
Communi ty trade in bovine animals and swine and Directive 72/462/EEC on health 
and veterinary inspection problems upon importation of bovine animals and swine 
and fresh meat or meat products from third countries*9) and Council Directive 
../.../EEC of amending Directive 80/217/EEC introducing Community measures 
for the control of classical swine fever*10); 
(6) 0J NO L 373, 31.12.1990, p. 1 
(7) 0J No L 268, 24.09.1991, p. 56 
(8) 0J No L 395, 30.12.1989, p. 13 
(9) 0J No L 224, 18.08.1990, p. 13 
(10) OJ No L 
vj-
Whereas, particularly in the light of the progress made in harmonizing 
veterinary rules, provision should be made for the abolition, from 1 July 1992, 
of veterinary checks carried out at internal borders on all live animals and 
animal products; 
Whereas, however, provision must be made for specific rules concerning the 
veterinary checks applicable to movements of pets accompanied by and under the 
responsibility of a natural person, where such movements are not the subject of 
a commercial transaction; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 90/425/EEC is hereby amended as follows: 
1. The following paragraph is added to Article 1: 
"This Directive shall not apply to veterinary checks on movements between 
Member States of pets accompanied by and under the responsibility of a 
natural person, where such movements are not the subject of a commercial 
transaction." 
2. In Article 7(2), "1 January 1993" is replaced by "1 July 1992". 
3. In the first paragraph of Article 21, the words "until 31 December 1992" are 
deleted. 
4. The second paragraph of Article 21 is replaced by the following; 
"Member States shall communicate to the Commission and the other Member 
States the conditions and procedures applicable to trade in the animals and 
products referred to in the first paragraph." 
5. The last sentence of the third paragraph of Article 21 is deleted. 
• zr&~ .^**ii 
6. Article 22 is replaced by the following: 
"Article 22 
1. Member States shall submit to the Commission, using a harmonized model, 
the relevant information concerning the checks carried out pursuant to 
this Direct ive. 
2. The Commission shall examine the information referred to in paragraph 1 
within the Standing Veterinary Committee. It may adopt appropriate 
measures in accordance with the procedure laid down in Article 18. 
3. Detailed rules for the application of this Article, in particular the 
frequency of communication of information , the model to be used and the 
type of information required, shall be laid down in accordance with the 
procedure laid down in Article 18." 
7. Articles 24 and 25 are deleted. 
8. Part A of Annex B is replaced by the following: 
"A. Veterinary legislation - Other live animals not covered by Annex A.1." 
9. Part B of Annex B is replaced by the following: 
"B. Veterinary legislation - Semen, ova and embryos not covered by Annex 
A. 1." 
Art icle 2 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive on 1 July 1992. They 
shall forthwith inform the Commission thereof. 
7-
2. When these measures are adopted by the Member States, they shall contain a 
reference to this Directive or shall be accompanied by such reference on the 
occasion of their official publication. The methods of making such a 
reference shall be laid down by the Member States. 
Article 3 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the CounciI 

ISSN0254-X475 
COM (92) 147 final 
DOCUMENTS 
EN 03 
Catalogue number: CB-CO-92-164-EN-C 
ISBN 92-77-43245-4 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg