COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(89) 670 final 
Brussels, 5 February 1990 
Proposal for a 
COUNCIL DECISION 
on the conditions for granting temporary and limited derogations from 
specific Community health rules on the production and marketing 
of products of animal origin 
(presented by the Commission) 
••i•: -CDM{89?f67© flnai EN 
- 2 -
EXPLANATORY MEMORANDUM 
The Community Is called upon to adopt measures for gradual establishments 
at the Internal market over the period to 31 December 1992. In the case of 
products of animal origin the problem Is to reconcile the need for free 
movement with the need to protect public health. 
In pursuit of this aim the Commission has proposed general health rules 
covering all production and marketing operations. 
There will also be specific Community health rules for a number of 
products, Including fresh meat, poultrymeat, game and rabbit meat, meat 
products, minced meat, meat in pieces of less than 100 grams, meat 
preparations, fishery products, live bivalve molluscs, raw milk, heat-
treated drinking milk, dairy products, egg products, animal fats and 
rendered products. 
In a true internal market these specific Community rules ought to apply to 
all production whether or not liable to be traded between Member States. 
This extension may present difficulties for a number of establishments In 
operation before 1 January 1992. It appears to be Justified, in order to 
take account of certain local situations or prevent the abrupt closure of 
certain establishments, to make arrangements for the Commission to grant 
temporary limited derogations In response to a reasoned request from a 
Member State. It would also be for the Commission to set the terms of 
these derogations taking due account of health and control requirements. 
It should be noted that the general Community health rules will continue to 
apply to all production and marketing operations. 
This proposal falls under the heading "Application of health standards to 
national products" in the White Paper timetable. 
The Commission proposes the regulatory committee procedure without the 
"safety net" arrangement for Implementing decisions, on the grounds that In 
this instance there Is a need to avoid a break of continuity in management 
of the veterinary sector. The Commission's general preference for the 
advisory committee procedure Is unaffected. 
- 3 -
Proposal for a 
COUNCIL DECISION 
on the conditions for granting temporary and limited derogations from 
specific Community health rules on the production and 
marketing of products of animal origin 
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 products of animal origin are Included In the list of products In 
Annex II to the Treaty; whereas the marketing of products of animal origin 
is a source of Income for a large part of the farming population; 
Whereas, to ensure rational development of the sector and increase 
productivity, health rules applying to production and marketing must be 
laid down at Community level; 
Whereas the Community Is cal led upon to adopt measures for gradual 
establishment of the Internal market over the period to 31 December 1992; 
- 4 -
Whereas In pursuit of the abovementioned objectives the Council has laid 
down specific Community health rules on the production and marketing of 
products of animal origin, in particular fresh meat, poultrymeat, game and 
rabbit meat, meat products, minced meat, meat In pieces of less than 
100 grams, meat preparations, fishery products, live bivalve molluscs, raw 
milk, heat-treated drinking milk, milk products, egg products, animal fats 
and rendered products; 
Whereas it is possible that, because of particular circumstances, some 
establishments will be unable, by 1 January 1993, to comply with all of the 
specific rules laid down; whereas In order to take account of local 
situations and to prevent abrupt closures of establishments, arrangements 
should be made for limited and temporary derogations for establishments In 
operation before 1 January 1992; 
Whereas the granting of derogations from specific Community health rules to 
certain establishments is without prejudice to the requirement that all 
production and marketing of products of animal origin conform to the 
general health rules laid down by Council Regulation (EEC) No of 
laying down general health rules applicable to the 
production and placing on the market of products of animal origin and 
specific health rules applicable to certain products of animal origin*1*; 
Whereas to forestall any risk of abuse these derogations must be strictly 
controlled by the Commission; whereas to this end there should be a 
procedure for close and effective cooperation between the Commission and 
the Member States within the Standing Veterinary Committee, 
(1) OJ No L 
- 5 -
HAS ADOPTED THIS DECISION : 
Article 1 
For the purposes of this Decision : 
1. "establishment" means any premises subject to specific Community health 
rules where products of animal origin are prepared, processed, wrapped, 
packed or stored; 
2. "product of animal origin" means any product, whether or not processed, 
derived directly or indirectly from an animal and Intended for human 
consumption. 
Article 2 
1. A Member State which after a thorough examination of the situation In 
each establishment considers that certain establishments In operation 
before 1 January 1992 will be unable to observe certain specific 
Community health rules on the production and marketing of products of 
animal origin shall submit a reasoned application for a derogation to 
the Commission. 
2. The application referred to in paragraph 1 must be submitted to the 
Commission before 1 January 1992 and must give, for each establishment, 
the following information : 
- the rules In question, 
- the grounds for the application, 
- the duration envisaged for the derogation, 
- the part of Its territory affected, If appropriate, 
- the socio-economic Impact on local, regional and national production, 
- the number and Identity of establishments concerned, 
- the volume of production, 
- the distribution area for the products concerned, 
- the health rules planned, 
- the movement control rules for the products. 
;- 6 -
Article 3 
1. The Commission shall consider the reasons notified by the Member State. 
It may request any further Information needed. If necessary, Commission 
representatives may make an on-the-spot visit. 
2. The Commission may grant a temporary limited derogation as requested, in 
accordance with the procedure laid down In Article 4. it shall set the 
general and particular terms of the derogation In accordance with the 
same procedure. 
3. In examining the application the Commission shall take into 
consideration : 
- essential health and control requirements. 
- essential requirements as regards direct sales on local markets, 
- 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(1>, hereinafter called the 
"Committee". 
2. 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. 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. 
(1) OJ No L 255, 18.10.1968, p. 23 
- 7 -
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 5 
This Decision is addressed to the Member States. 
Done at Brussels, For the Council 
- 8 -
Task Force PME 
FICHE'D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Quelle est la justification principale de la mesure ? 
Avoir la possibilité de donner, à la Commission, le pouvoir d'accorder, à 
certains établissements des dérogations .limitées et temporaires à certaines règles 
communautaires sanitaires spécifiques 
LI. Caractéristiques des entreprises concernées. En particulier 
(a) Y a-t-il un grand nombre de PME ? 
QUI 
Cb) 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 ? 
Règles de contrôles variables selon les cas. 
IV. Quelles sont les obligations suceptibles d'être imposées indirectement 
aux entreprises via les autorités locales ? 
v. Y a-t-il des mesures spéciales pour les PME 1 Lequelles ? 
NON - mais en principe, les P.M.E. devraient être les plus concernées 
VI. Quel est l'efiet prévisible 
a) sur la compétitivité des entreprises ? 
b) sur l'emploi 7 
Favorables 
vil. Les partenaires sociaux ont-ils été consultés . Quels sont leurs 
avis ? 
Comité Consultatif Vétérinaire 
ISSN 0254-1475 
COM(89) 670 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-90-031-EN-C 
ISBN 92-77-56927-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg