Proposal for a Council Directive amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries

(96/C 245/06)

COM(96) 170 final - 96/0110(CNS)

(Submitted by the Commission on 21 May 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European 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 for the sake of clarity and rationality, Council Directive 90/675/EEC (1), which laid down the principles governing the organization of veterinary checks on products entering the Community from third countries, was repealed and replaced by Directive 96/. . ./EC;

Whereas the replacement of Directive 90/675/EEC by Directive 96/. . ./EC has consequences for the existing texts of the following Council Directives:

- Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat (2),

- Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (3),

- Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (4),

- Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (5),

- Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivale molluscs (6),

- Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (7),

- Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (8),

- Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (9);

Whereas for that reason, those Directives should be brought into line with the text of Directive 96/. . ./EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Directive 71/118/EEC is amended as follows:

(a) in Article 14 (B) (2) (a), the second sentence is deleted;

(b) in Article 17, the second subparagraph is deleted.

2. Directive 72/462/EEC is amended as follows:

(a) in Article 31a, 'Article 17 of Directive 90/675/EEC` is replaced by 'Article 17 of Directive 96/. . ./EC`;

(b) Article 31 is deleted.

3. Directive 85/73/EEC is amended as follows:

in Article 3 (1), 'Article 20 of Directive 90/675/EEC` is replaced by 'Article 22 of Directive 96/. . ./EC`.

4. Directive 91/67/EEC is amended as follows:

(a) Article 23 is replaced by the following:

'Article 23

The principles and rules laid down in Directives 91/496/EEC and 96/. . ./EC shall apply, with particular reference to the organization of and follow-up to the checks to be carried out by the Member States and the safeguard measures to be implemented.`;

(b) Article 24 is deleted.

5. Directive 91/492/EEC is amended as follows:

the second subparagraph of Article 10 is deleted.

6. Directive 91/493/EEC is amended as follows:

(a) in the second subparagraph of Article 10, 'Article 18 (3) of Directive 90/675/EEC` is replaced by 'Article 18 (2) of Directive 96/. . ./EC`;

(b) Article 12 (2) is deleted.

7. Directive 92/45/EEC is amended as follows:

(a) Article 17 (2) is deleted;

(b) Article 19 second subparagraph is deleted.

8. Directive 92/118/EEC is amended as follows:

(a) in the second subparagraph of Article 12 (1), 'Article 8 (2) of Directive 90/675/EEC` is replaced by 'Article 4 (4) of Directive 96/. . ./EC`;

(b) Article 12 (2) is deleted.

Article 2

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive before 1 January 1997; they shall forthwith notify the Commission thereof.

The shall apply those provisions as from 1 January 1997.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive 95/52/EC (OJ No L 265, 8. 11. 1995, p. 16).

(2) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 94/65/EC (OJ No L 368, 31. 12. 1994, p. 10).

(3) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Act of Accession of Austria, Finland and Sweden.

(4) OJ No L 32, 5. 2. 1985, p. 14. Directive as last amended by Directive 96/17/EC (OJ No L 78, 28. 3. 1996, p. 30).

(5) OJ No L 46, 19. 2. 1991, p. 1. Directive as last amended by Directive 95/22/EC (OJ No L 243, 11. 10. 1995, p. 1).

(6) OJ No L 268, 24. 9. 1991, p. 1. Directive as amended by the Act of Accession of Austria, Finland and Sweden.

(7) OJ No L 268, 24. 9. 1991, p. 15. Directive as amended by Directive 95/71/EC (OJ No L 332, 30. 12. 1995, p. 40).

(8) OJ No L 268, 14. 9. 1992, p. 35. Directive as amended by the Act of Accession of Austria, Finland and Sweden.

(9) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended by Commission Decision 96/103/EC (OJ No L 24, 31. 1. 1996, p. 28).