No C 225/4 Official Journal of the European Communities 31. 8. 88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) concerning veterinary checks in intra-Community 
trade with a view to the completion of the internal market 
COM(88) 383 final 
(Presented by the Commission on 16 August 1988) 
(88/C 225/04) 
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 in the veterinary field frontiers are currently 
being used for carrying out checks aimed at safeguarding 
public health and animal health; 
Whereas the ultimate aim between now and 1992 is to 
ensure that veterinary checks are carried out at the place 
of dispatch only; whereas the attainment of this objective 
implies the harmonization of the basic requirements 
relating to the safeguarding of public health and animal 
health; 
Whereas with a view to the completion of the internal 
market, provision should be made for a first step; 
whereas this consists in placing the emphasis on the 
checks to be carried out at the place of dispatch and in 
organizing those that could be carried out at the place of 
destination; whereas such a solution would entail the 
suspension of veterinary checks at the Community's 
internal frontiers; Whereas this solution implies increased confidence in the 
veterinary checks carried out by the State of dispatch; 
whereas the latter must ensure that such veterinary 
checks are carried out in an appropriate manner; in 
particular the consigning Member State must take all 
action necessary to prevent goods from leaving 
prohibited zones and to ensure that goods can enter 
higher status zones; whereas consequently in certain situ­
ations control operations will have to be carried out at 
the point of removal from lower status zones; 
Whereas in the State of destination spot veterinary 
checks could be carried out at the place of destination; 
whereas, however, in the event of a serious presumption 
of irregularity, the veterinary check could be carried out 
while the goods are in transit; 
Whereas provision must be made for the action to be 
taken where a veterinary check discloses that the 
consignment is irregular; whereas in such a situation 
three possible solutions may be singled out: the aim of 
the first would be to provide for the regularization of 
incorrect documents, that of the second to avert any 
danger where it is found that there has been an outbreak 
of an epizootic disease or any new serious and 
contagious disease, while the third would arise where the 
goods do not satisfy the requirements laid down for 
reasons other than those referred to above; 
Whereas provision should be made for a procedure for 
resolving conflicts which could arise concerning 
consignments from an establishment, holding, production 
centre or undertaking; 
Whereas in order that the new system of veterinary 
checks may operate harmoniously and effectively, a noti­
fication system must be established; whereas special rules 
must be laid down, as part of this notification system, for 
intra-Community trade in livestock, and for trade in 
goods the veterinary conditions governing which have 
not yet been harmonized at Community level; 
Whereas provision must be made for protective 
measures; whereas in this area, especially for reasons of 
effectiveness, responsibility must rest firstly with the 
Member State of dispatch; whereas the Commission 
must be able to act speedily, in particular by way of 
on-the-spot visits and adopting measures appropriate to 
the situation; 
31. 8. 88 Official Journal of the European Communities No C 225/5 
Whereas in order to be effective, the rules laid down by 
this Regulation must cover all goods that are subject in 
the case of intra-Community trade to veterinary 
requirements; whereas, in view of the current state of 
harmonization, goods that are not the subject of 
harmonized rules should comply with the requirements 
of the State of destination provided that the latter are in 
conformity with Article 36 of the Treaty; 
Whereas the provisions of existing Directives should be 
adapted to the new rules laid down in this Regulation; 
Whereas the Commission should be entrusted with the 
task of adopting measures for applying this Regulation; 
whereas, to that end, provision should be made for 
procedures establishing close and effective cooperation 
between the Commission and the Member States within 
the Standing Veterinary Committee, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The Member States shall, in intra-Community trade, 
carry out veterinary checks in accordance with the 
provisions of this Regulation. 
2. The provisions of this Regulation shall be without 
prejudice to the continued application of the veterinary 
requirements which the products concerned must meet 
pursuant to Community Directives or, where those 
requirements have not yet been harmonized at 
Community level, under national provisions which satisfy 
the conditions of Article 36 of the Treaty. 
Article 2 
For the purpbses of this Regulation: 
1. Veterinary check means any physical check or adminis­
trative formality which applies to livestock, livestock 
products or products of animal origin and which is 
intended for the protection, direct or otherwise, of 
public or animal health and any physical check or 
administrative formality which applies to plants and is 
intended for the protection of animal health. 
2. Intra-Community trade means trade between two 
Member States in goods which satisfy the requirement 
of Article 9(2) of the Treaty. 
3. Veterinary requirements mean requirements intended 
for the protection of public or animal health not 
including those relating to additives. 
4. Competent authorities of the Member States means 
authorities of the Member States competent in 
veterinary matters. CHAPTER I 
ORGANIZATION AND EFFECTS OF CHECKS 
Article 3 
1. Member States of dispatch shall carry out 
veterinary checks in accordance with the provisions of 
Community Directives. Where there is no harmonization 
at Community level they shall ensure the conformity of 
livestock or livestock products with the rules of the 
Member State of destination where these are justified in 
the light of Article 36 of the Treaty. 
2. Member States shall not permit the dispatch to 
other Member States of goods that cannot be marketed 
in their own territory for reasons justified in the light of 
Article 36 of the Treaty. 
Article 4 
1. In the Member State of destination spot veterinary 
checks shall be carried out at the place of destination of 
the consignment. However, where there is a strong 
suspicion of irregularity, the veterinary check may be 
carried out while the goods are being transported. 
2. Veterinary checks may be carried out at the place 
of destination of a consignment without prejudice to the 
authorization given by the customs authorities of the 
Member State of destination to dispose of the goods. 
Article 5 
1. Where Community rules or, in areas which have 
not yet been harmonized, national provisions which 
comply with the general rules of the Treaty require that 
live animals be put into quarantine, the latter shall 
normally take place at the holding of destination. 
2. A quarantine station may be used if this is justified 
in the light of exceptional circumstances. Such station 
shall be regarded as the place of destination of the 
consignment. The Member State concerned shall notify 
the Commission of the grounds on which such action is 
being taken. 
3. Obligations relating to quarantine and the location 
of the latter shall be specified in the veterinary 
requirements referred to in Article 10 (1). 
Article 6 
1. If during a check carried out at the place of desti­
nation of a consignment the competent authorities of the 
Member State of destination find that the consignment is 
accompanied by documents which are not in order, they 
shall contact the competent authorities of the Member 
State of dispatch without delay. The latter authorities 
and those of the Member State of destination shall 
cooperate with a view to rectifying the documents 
No C 225/6 Official Journal of the European Communities 31. 8. 88 
concerned and, if nece'ssary, obtaining the additional 
official particulars required. 
2. If the documents cannot be put right within a 
reasonable period the provisions of Article 8 shall apply. 
3. Detailed rules for the application of this Article 
shall be adopted, if necessary, in accordance with the 
procedure laid down for in Article 16. 
Article 7 
1. If during a check, carried out at the place of desti­
nation of a consignment the competent authorities of the 
Member State of destination establish the presence of an 
epizootic or any new serious and contagious disease they 
shall order that the animals be slaughtered at once or 
that the consignment be destroyed. 
2. The competent authorities of the Member State of 
destination shall without delay notify the Commission 
and the competent authorities of the other Member 
States of the measures taken and the reasons for taking 
such action. The Member State of dispatch and, where 
appropriate, the Member State of destination and the 
Commission shall put into effect the measures provided 
for in Article 12. 
3. If during the transit of livestock the competent 
authorities of the State of transit find that an epizootic 
or any new serious and contagious disease has broken 
out they shall order that the animals be slaughtered 
without delay. They shall immediately notify the 
competent authorities of the State of dispatch, the other 
Member States and the Commission of the measures 
taken and of the reasons for taking such action. The 
Member State of dispatch and, where necessary, the 
Member State of transit and the Commission shall put 
into effect the measures provided for in Article 12. 
4. Costs relating to the slaughter of the animals or the 
destruction of the consignment shall be borne by the 
consignor or his agent. 
5. Detailed rules for the application of this Article 
shall be adopted, if necessary, in accordance with the 
procedure laid down for in Article 16. 
Article 8 
1. If during a check carried out at the place of desti­
nation of a consignment the competent authorities of the 
Member State of destination find for reasons other than 
those referred to in Articles 6 and 7 that the goods do 
not meet the conditions laid down by Community 
Directives or, in areas which have not yet been 
harmonized at Community level, by the rules of that 
Member State, the said authorities shall give the 
consignor or his representative the choice of: 
— returning the consignment to the Member State of 
dispatch, 
— using the goods for other purposes, or 
— destroying the goods. 2. In the case of livestock the competent authorities of 
the State of destination may take the necessary measures, 
including quarantine, with a view to clarifying the 
situation of animals which are suspected of having 
contracted or of having been contaminated with a 
contagious disease or of representing a threat of the 
spread of such a disease. 
3. The competent authorities of the State of desti­
nation shall take all necessary measures to prevent the 
improper use of the goods. The use to which the goods 
are to be put shall be shown clearly in a veterinary 
certificate or accompanying veterinary documents. 
4. Where a consignment is rejected the Member State 
concerned shall authorize its re-consignment, transit or 
re-importation as appropriate. 
5. Decisions taken by the competent authorities of the 
State of destination and the reasons for such decisions 
shall be notified to the consignor or his representative. 
The said decisions and reasons shall, if the consignor or 
his representative so requests, be forwarded to him in 
writing with details of the rights of appeal which are 
available to him under the law in force and of the 
procedure and time limits applicable. 
6. Member States shall grant consignors the right to 
require that an expert be consulted before the decisions 
referred to in paragraph 1 are put into effect. The expert 
must be a national of a Member State other than the 
Member State of dispatch or the Member State of desti­
nation. 
The Commission shall draw up, on a proposal from the 
Member States, a list of experts who may be consulted 
pursuant to the preceding subparagraph. 
7. Detailed rules for the application of this Article 
shall be adopted, if necessary, in accordance with the 
procedure laid down for in Article 16. 
8. The costs of returning the consignment, providing 
lairage for the animals, putting the goods to other uses, 
destroying them or, where applicable, consulting an 
expert, shall be borne by the consignor or his represen­
tative. 
Article 9 
1. If, following checks carried out at the place of 
destination of a consignment, a Member State considers 
that an establishment, holding, production centre or 
undertaking in another Member State does not meet the 
veterinary requirements of its national provisions, or that 
in areas where harmonization has taken place at 
Community level the provisions of Community 
Directives and in particular those governing approval 
have not been or are no longer met, it shall notify the 
competent central authority of that Member State. 
31. 8. 88 Official Journal of the European Communities No C 225/7 
2. The competent central authority of the Member 
State of dispatch shall take all measures necessary 
including, where appropriate, the withdrawal of approval 
and shall notify the central competent authority of the 
Member State of destination of the measures it has taken 
and the reasons for taking such action. 
3. If the Member State of destination suspects that the 
measures referred to in paragraph 2 may not be taken or 
may be inadequate it shall together with the Member 
State of dispatch seek ways of remedying the situation, if 
necessary by an on-the-spot inspection. Member States 
shall keep the Commission informed of any disputes 
which have arisen and of the solutions which have been 
applied. 
4. If the Member States referred to in paragraph 3 are 
unable to reach agreement, one of them shall, within a 
reasonable period, bring the matter before the 
Commission which shall instruct one or more experts to 
deliver an opinion on it. Pending such opinion the 
Member State of dispatch shall carry out more stringent 
checks on goods coming from the establishment, 
holding, production centre or undertaking concerned. 
The Member State of destination may increase the 
number of checks at the place of destination of the 
consignment on goods from the establishment, holding, 
production centre or undertaking concerned. The 
Commission shall, at the request of either of the Member 
States concerned, immediately instruct an expert to go to 
the place of dispatch with a view to proposing appro­
priate protective measures. 
5. The Commission may, in the light of the experts' 
opinions, adopt suitable measures in accordance with the 
procedure laid down in Article 15. These may include 
requiring the Member State of dispatch to prohibit the 
dispatch of goods from an establishment, holding, 
production plant or undertaking. 
6. The Commission shall monitor the situation in the 
establishment, holding, production centre or undertaking 
concerned and may, in accordance with the procedure 
laid down in Article 15, alter or suspend the measures 
referred to in paragraph 5, in particular where a new 
opinion is delivered by one or more experts. 
7. In the event of a dispute necessitating recourse to a 
method and/or reference standards, a solution shall be 
sought on the basis of a recognized method and/or 
reference standards following consultation of the 
Scientific Veterinary Committee, in accordance with the 
procedure laid down in Article 16. 
8. Detailed rules for the application of this Article 
shall be adopted, where necessary, in accordance with 
the procedure laid down in Article 16. 
CHAPTER II 
NOTIFICATION 
Article 10 
1. Member States shall provide each other and the 
Commission with the fullest information on the veterinary requirements which goods must meet in order 
to be allowed into their territory, and of any 
amendments to those requirements. 
2. Detailed rules for the application of this Article, 
and in particular the measures necessary to computerize 
the list of the requirements referred to in paragraph 1, 
shall be adopted in accordance with the procedure laid 
down in Article 16. 
Article 11 
1. Member States shall ensure that, where the 
veterinary requirements for trade in products have not 
yet been harmonized at Community level, and in the 
case of trade in livestock, the notification arrangements 
provided for in this Article are put into effect. 
2. In order to take account of certain specific situ­
ations the Commission may, in accordance with the 
procedure laid down in Article 16, widen the scope of 
the notification arrangements provided for in this Article. 
3. The competent authorities of the Member State of 
dispatch shall, as soon as each consignment leaves their 
territory, notify the competent authorities of the Member 
State of destination. Notification shall, in principle, 
consist in sending, by the fastest means of communi­
cation available, a copy of the veterinary certificate 
which must accompany each consignment. 
4. In the case of the transit of livestock, the 
Commission shall, in accordance with the procedure laid 
down in Article 16, adopt rules for notifying the 
Member States of transit. 
5. Detailed rules for the application of this Article, in 
particular the means of communication to be used and 
the list of products referred to in paragraph 1, shall be 
adopted, where necessary, in accordance with the 
procedure laid down in Article 16. 
CHAPTER III 
PROTECTIVE MEASURES 
Article 12 
1. Each Member State shall immediately notify the 
other Member States and the Commission of any 
outbreak or suspected outbreak in its territory of a 
contagious animal disease which is likely to pose a 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 
spreading in the Community, and to prevent any risk to 
public health. 
2. 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, 
No C 225/8 Official Journal of the European Communities 31. 8. 88 
it shall as soon as possible take such decision as it 
considers justified in the light of the situation. 
3. The Commission shall review the situation within 
the Committee referred to in Article 15 at the earliest 
opportunity. It may adopt, in accordance with the 
procedure laid down in Article 15, such decisions as may 
be called for. The Commission shall monitor the 
situation and, in accordance with the procedure laid 
down in Article 15, amend or repeal the decisions 
referred to in this paragraph and in paragraph 2 in the 
light of developments. 
4. Detailed rules for the application of this Article, 
and in particular the list of diseases referred to in 
paragraph 1, shall be adopted, where necessary, in 
accordance with the procedure laid down in Article 16. 
CHAPTER IV 
GENERAL PROVISIONS 
Article 13 
1. Where Community rules or, in areas where 
harmonization has not yet taken place at Community 
level, national provisions require that the goods be 
accompanied by a veterinary certificate, each 
consignment shall be accompanied by a veterinary 
certificate showing the place of destination of the 
consignment. 
2. The Commission may, in accordance with the 
procedure provided for in Article 16, lay down the 
conditions under which, exceptionally, a consignment in 
transit may be split up into several smaller consignments, 
or a change of destination may be adopted. 
Article 14 
1. Article 3 (2) (h) of Council Directive 64/432/EEC 
of 26 June 1964 on health problems affecting intra-
Community trade in bovine animals and swine (') is 
hereby replaced by the following: '(h) after loading be 
sent as quickly as possible to the place of destination'. 
2. Paragraphs 1, 2, 3, 4, 6 and 7 of Article 6 of 
t Directive 64/432/EEC are hereby deleted. 
3. Articles 9 and 10 of Directive 64/432/EEC are 
hereby deleted. 
4. Article 8 (3) of Council Directive 64/433/EEC of 
26 June 1964 on health problems affecting intra-
Community trade in fresh meat (2) is hereby deleted. 
5. Articles 10 and 11 of Directive 64/433/EEC are 
hereby deleted. 
(') OJ No 121, 29. 7. 1964, p. 1977/64. 
O OJ No 121, 29. 7. 1964, p. 2012/64. 6. Article 5 (3) and (4) of Council Directive 
71/118/EEC of 15 February 1971 on health problems 
affecting trade in fresh poultrymeat (3) are hereby 
deleted. 
7. Articles 9, 10 and 11 of Directive 71/118/EEC are 
hereby deleted. 
8. Article 5 (2), (3), (4) and (5) of Council Directive 
72/461/EEC of 12 December 1972 on animal health 
problems affecting intra-Community trade in fresh 
meat (4) are hereby deleted. 
9. Articles 6, 8, 12 and 13 of Directive 72/461/EEC 
are hereby deleted. 
10. The last subparagraph of Article 12 (7) of Council 
Directive 72/462/EEC of 12 December 1972 on health 
and veterinary inspection problems upon importation of 
bovine animals and swine and fresh meat from third 
countries (5) is hereby deleted. 
11. The following is added to the certificate set out in 
Annex B to Directive 72/462/EEC: 'Name and address 
of consignee ...'. 
12. Article 6 (3) and (4) of Council Directive 
77/99/EEC of 21 December 1976 on health problems 
affecting intra-Community trade in meat products (6) are 
hereby deleted. 
13. Articles 11 and 15 of Directive 77/99/EEC are 
hereby deleted. 
14. Articles 6 and 7 of Council Directive 80/215/EEC 
of 22 January 1980 on animal health problems affecting 
intra-Community trade in meat products (7) are hereby 
deleted. 
15. Article 5 (3) and (4) of Council Directive 
85/397/EEC of 5 August 1985 on health and animal-
health problems affecting intra-Community trade in 
heat-treated milk (8) are hereby deleted. 
16. Articles 7 and 12 of Directive 85/397/EEC are 
hereby deleted. 
O OJ No L 55, 8. 3. 1971, p. 23. 
(4) OJ No L 302, 31. 12. 1972, p. 24. 
C) OJ No L 302, 31. 12. 1972, p. 28. 
(*) OJ No L 26, 31. 1. 1977, p. 85. 
O OJ No L 47, 21. 2. 1980, p. 4. 
(8) OJ No L 226, 24. 8. 1985, p. 13. 
31. 8. 88 Official Journal of the European Communities No C 225/9 
Article 15 
1. The Commission shall be assisted by the Standing 
Veterinary Committee set up by Council Decision 
68/361/EEC ('), hereinafter referred to as 'the Com­
mittee'. 
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 
0) OJ No L 255, 19. 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, referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. 
Article 16 
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 period of two days. 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. 
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. 
If, on the expiry of a period of three months from the 
date of referral to the Council, the Council has not 
acted, the propqsed measures shall be adopted by the 
Commission. 
Article 17 
This Regulation shall enter into force on 1 April 1989. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
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 for the 
progressive establishment of the internal market over a 
period ending on 31 December 1992; Proposal for a Council Regulation (EEC) on intensifying controls on the application of the 
veterinary rules 
COM(88) 383 final 
(Presented by the Commission on 16 August 1988) 
(88/C 225/05)