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) 
No C 225/10 Official Journal of the European Communities 31. 8. 88 
Whereas if the market organizations for livestock, 
livestock products, products of animal origin and, in 
certain cases, plants are to operate harmoniously, the 
veterinary obstacles to the development of intra-
Community trade in the products concerned must be 
removed; whereas in this connection the free movement 
of agricultural products constitutes a fundamental aspect 
of the market organizations and must enable agricultural 
production to develop rationally and the optimum use to 
be made of the factors of production; 
Whereas veterinary inspections are carried out at 
frontiers with a view to the protection of public and 
animal health; 
Whereas the final objective to be attained by 1992 is that 
products traded between Community countries should be 
subject to the same controls as national products; 
Whereas this approach requires that Member States have 
greater trust in each other as regards uniform application 
of the veterinary legislation; whereas, to this end, 
provision should be made for stricter controls to be 
applied by Member States; 
Whereas, to be effective, controls must be regular, no 
restrictions must be laid down as regards the products 
subject to controls or as regards the stage and time at 
which controls should be carried out, and controls must 
take the form most suited to ensure their effectiveness; 
Whereas such controls must have a preventive rather 
than a repressive effect; whereas, to this end, Member 
States should also be required to take appropriate 
measures in the event of any infringement of the 
veterinary legislation; 
Whereas the inspectors must be given proper powers; 
whereas, apart from the controls to be carried out by the 
Member States, provision should also be made so that 
the Commission can carry out independent inspections in 
those fields where such inspections are not yet provided 
for in the veterinary legislation; 
Whereas the products covered by veterinary legislation 
and intended for consignment to another Member State 
must be inspected in the same way as products intended 
for marketing within the Member State of dispatch; 
whereas, under certain Community provisions, specific 
rules are currently applicable to the inspection of 
exported products, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation lays down rules on intensifying 
controls in the veterinary sector. It shall apply without 
prejudice to provisions contained in more specific 
Community rules. 2. For the purposes of this Regulation: 
— 'veterinary legislation' shall mean all the provisions of 
the Community acts listed in the Annex and the 
Community and national provisions adopted in 
implementation of those acts, 
— 'products' shall mean the products to which the acts 
listed in the said Annex relate. 
3. Amendments to the Annex to this Regulation shall 
be made by the Commission. 
Article 2 
1. Member States shall take the necessary measures to 
ensure compliance with the veterinary legislation at all 
stages of the production and marketing of the products 
referred to in Article 1. In particular they shall ensure 
that controls can be carried out at all stages. However, 
controls at frontiers may be carried out only in the event 
of strong suspicion of irregularity. 
2. Unless specific provisions to the contrary are made 
in Community legislation, Member States shall ensure 
that products intended for export to another Member 
State are subject to the same controls as products 
intended for marketing within their own territory. 
3. Member States shall take the appropriate specific 
measures to penalize any infringement of the veterinary 
legislation by natural or legal persons, and in particular 
in cases where the certificates or other documents drawn 
up under such legislation are found not to correspond to 
the true state of the products concerned. 
Article 3 
1. Where a Member State designates several bodies as 
responsible for controls, it shall coordinate the work of 
such bodies. 
2. Each Member State shall designate the body 
responsible for collaboration with the competent bodies 
in other Member States and with the Commission. It 
shall ensure that this body has at its disposal the qualified 
staff and the facilities necessary to ensure that such 
collaboration is effective. Each Member State shall 
inform the Commission and the other Member States 
accordingly. 
3. The body referred to in paragraph 2 shall regularly 
forward to the Commission those administrative and 
legal provisions and decisions which have been adopted 
at national level and which are particularly relevant to 
controls on the uniform application of veterinary legis­
lation in the Community. The Commission shall forward 
this information to the competent authorities of the other 
Member States. 
oU^m^ Official Journal of the European communities l^oOS^Btr 
member states shall also ensure that the officials of their 
competent bodies^cooperating where necessary with the 
officials of other bodies authorized for this purposed can^ 
in particulars 
— carry out inspections of land^ premises^ offices^ instal 
lations^ means of transports equipment and materials^ 
of cleaning and maintenance products^ of methods of 
production and processing and of the markings 
labelling or presentation of the products^ 
— carry out examinations of the staff at the places listed 
above^ 
— take samples of productsheld for sale^ released into 
free circulation or transported^ 
— examine the documentary materials or computer data 
relevant to the controls applicable under the measures 
adoptedpursuantto Article ^pl^ and obtaincopies 
or extracts therefrom, 
L Information which is communicated in any form by 
member states incompliance withthisRegulation shall 
be treated as confidential. It shall be covered by the oblP 
gation of professional secrecy and shall enjoy the 
protection whichthenationallawofthe^iember^tate 
receiving the information gives to information of the 
same nature and the protection which is afforded by the 
corresponding provisions applicable to community auth^ 
orities. 
The information referred to in the first subparagraph 
mustnotbe transmitted topersons other than those in 
the member states or within the community institutions 
who are required to have cognizance thereof in the 
course of their duties, ^uch information may not be used 
for purposes other than those specified in this ReguD 
lation^ unless the authority which supplied the infor 
mation has givenitsexplicitconsent andprovided that 
the rules in force in the member ^tate or within the 
authority receiving the information do not prohibit such 
transmissionoruse. 
^. The provisions of paragraph 1 shall notpreclude 
theuseof informationobtainedpursuanttothisRegu 
lation forthepurposes of subsequent legalproceedings 
relating tononDcompliancewiththe veterinary rules. 
Any such use shall be notified without delay to the 
competent body of the member ^tate which supplied the 
informationconcerned. 
A^rAA^ 
council directive D^B^BEEC^ of ^]une l^D^ on 
animal health problems affecting intraC^ommunity trade in bovine animals and swine ^^ is hereby amended as 
follows^ 
1. fhe following Article ^c is inserted^ 
A^cA^^c 
(eommission veterinary experts may^ to the extent 
necessary for uniform application of the L^irective^ 
carry out on-the-spot inspections. The commission 
shall inform the member states of the outcome of 
such inspections. 
The member ^tate on whose territory the inspections 
are carriedoutshallprovide the experts with allthe 
assistance required for the accomplishment of their 
task. 
(Generalrulesfortheapplicationof this Article shall 
be adopted in accordance with the procedure laid 
down in Article!^. 
The sameprocedure shallbe followed todraw up a 
codecontainingthe rules tobeobserved atthetime 
of the inspections provided for in this paragraphB 
^. In the third subparagraph of Article t^ ^ and the 
second subparagraph of Articlel^^the words ^save 
where the C^ouncilhas decidedby asimplemajority 
against those measures^are deleted. 
Ar^c^B 
council directive ^B^DlBEEoeof^roecember^^ on 
health problems affecting intraC^ommunity trade in fresh 
meat^isherebyamended as follows^ 
1. The following Article ^b is inserted^ 
Ar^O^ 
commission veterinary experts may^ to the extent 
necessary for uniform application of the Toirective^ 
carry out on-the-spot inspections. The commission 
shall inform the member states of the outcome of 
such inspections. 
The member ^tate on whose territory the inspections 
are carried out shall provide the experts with allthe 
assistance required for the accomplishment of their 
task 
general rules for the applications of this Article shall 
be adopted in accordance with the procedure laid 
down inArriclel^of council roirectiveD^B^^BEEoe. 
Thesameprocedure shallbe followedtodrawup a 
code containing therules tobeobserved at the time 
of the inspections provided for in this paragraphB 
^e^DLt^^.B.t^D.t^B^t. 
No C 225/12 Official Journal of the European Communities 31. 8. 88 
down in Article 12 of Council Directive 64/432/EEC 
of 26 June 1964 on animal health problems affecting 
intra-Community trade in bovine animals and 
swine (*). 
The same procedure shall be followed to draw up a 
code containing the rules to be observed at the time 
of the inspections provided for in this paragraph. 
(*) OJ No L 121, 29. 7. 1964, p. 1977/64.' 
2. In the second subparagraph of Article 8 (4) the words 
'save where the Council has decided by a simple 
majority against those measures' are deleted. 
Article 9 
Detailed rules for applying this Regulation shall be 
adopted in accordance with the procedure laid down 
in Article 12 of Directive 64/432/EEC. 
Article 10 
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. 
ANNEX 
1. LEGISLATION ON ANIMAL FEEDINGSTUFFS 
Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling 
and analysis for the official control of feedingstuffs (OJ No L 170, 3. 8. 1970, p. 2) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 70/514/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ No L 270, 
14. 12. 1970, p. 1) 
as last amended by Directive 87/317/EEC of 16 June 1987 (OJ No L 160, 20. 6. 1987, p. 34). 
Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for unde­
sirable substances and products in feedingstuffs (OJ No L 38, 11. 2. 1974, p. 31) 
as last amended by Directive 87/519/EEC of 19 October 1987 (OJ No L 304, 27. 10. 1987, p. 38). 
Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs (OJ No 
L 32, 3. 2. 1977, p. 1) 
as last amended by Directive 87/234/EEC of 31 March 1987 (OJ No L 102, 14. 4. 1987, p. 31). 
Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (OJ No L 86, 
6. 4. 1979, p. 30) 
as last amended by Directive 87/235/EEC of 31 March 1987 (OJ No L 102, 14. 4. 1987, p. 34). 2. In the second subparagraph of Article 9 (4) the words 
'save where the Council has decided by a simple 
majority against those measures' are deleted. 
Article 8 
Council Directive 80/215/EEC of 22 January 1980 on 
health problems affecting intra-Community trade in meat 
products O is hereby amended as follows: 
1. The following Article 5a is inserted: 
'Article 5a 
Commission veterinary experts may, to the extent 
necessary for uniform application of the Directive, 
carry out on-the-spot inspections. The Commission 
shall inform the Member States of the outcome of 
such inspections. 
The Member State on whose territory the inspections 
are carried out shall provide the experts with all the 
assistance required for the accomplishment of their 
task. 
General rules for the application of this Article shall 
be adopted in accordance with the procedure laid 
(') OJ No L 47, 21. 2. 1980, p. 4. 
31. 8. 88 Official Journal of the European Communities No C 225/13 
Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition 
(OJ No L 213, 21. 7. 1982, p. 8) 
as last amended by Directive 86/530/EEC of 28 October 1986 (JO No L 312, 7. 11. 1986, p. 39). 
2. VETERINARY LEGISLATION 
2.1. Veterinary matters 
Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community 
trade in bovine animals and swine (OJ No L 121, 29. 7. 1964, p. 1977/64) 
as last amended by Directive 87/489/EEC of 22 September 1987 (OJ No L 280, 3. 10. 1987, p. 28). 
Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in 
fresh meat (OJ No L 121, 29. 7. 1964, p. 2012) 
as last amended by Directive 86/587/EEC of 18 November 1986 (OJ No L 339, 2. 12. 1986, p. 26). 
Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh 
poultrymeat (OJ No L 55, 8. 3. 1971, p. 23) 
as last amended by Regulation (EEC>No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade 
in fresh meat (OJ No L 302, 31. 12. 1972, p. 24) 
as last amended by Directive 87/489/EEC of 22 September 1987 (OJ No L 280, 3. 10. 1987, p. 28). 
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 (OJ No L 302, 31. 12. 1972, 
p. 28) 
as last amended by Directive 87/64/EEC of 30 December 1986 (OJ No L 34, 5. 2. 1987, p. 52). 
* Council Decision 77/97/EEC of 21 December 1976 on the financing by the Community of certain 
emergency measures in the field of animal health (OJ No L 26, 31. 1. 1977, p. 78) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade 
in meat products (OJ No L 26, 31. 1. 1977, p. 85) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of 
brucellosis, tuberculosis and leucosis in cattle (OJ No L 145, 13. 6. 1977, p. 10) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
* Council Decision 79/509/EEC of 24 May 1979 on financial aid from the Community for the 
eradication of African swine fever in Spain (OJ No L 133, 31. 5. 1979, p. 27) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
No C 225/14 Official Journal of the European Communities 31. 8. 88 
Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community 
trade in meat products (OJ No L 47, 21. 2. 1980, p. 4) 
as last amended by Directive 87/491/EEC of 22 September 1987 (OJ No L 279, 2. 10. 1987, p. 27). 
Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of 
classical swine fever (OJ No L 47, 21. 2. 1980, p. 11) 
as last amended by Directive 87/486/EEC of 22 September 1987 (OJ No L 280, 3. 10. 1987, p. 21). 
* Council Decision 80/877/EEC of 15 September 1980 on financial aid from the Community for the 
eradication of African swine fever in Portugal (OJ No L 250, 23. 9. 1980, p. 12) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and 
keep the territory of the Community free from classical swine fever (OJ No L 325, 1. 12. 1980, p. 1) 
as last amended by Directive 87/487/EEC of 22 September 1987 (OJ No L 280, 3. 10. 1987, p. 24). 
* Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for 
the eradication of classical swine fever (OJ No L 325, 1. 12. 1980, p. 5): based on Article 43 only 
as last amended by Decision 87/488/EEC of 22 September 1987 (OJ No L 280, 3. 10. 1987, p. 26). 
* Council Decision 80/1097/EEC of 11 November 1980 on financial aid from the Community for the 
eradication of African swine fever in Sardinia (OJ No L 325, 1. 12. 1980, p. 8) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 81/602/EEC of 31 July 1981 concerning the prohibition of certain substances having a 
hormonal action and of any substances having a thyrostatic action (OJ No L 222, 7. 8. 1981, p. 32). 
Council Directive 82/400/EEC of 14 June 1982 amending Directive 77/391/EEC and introducing a 
supplementary Community measure for the eradication of brucellosis, tuberculosis and leucosis in cattle 
(OJ No L 173, 19. 6. 1982, p. 18). 
Council Directive 82/894/CEE of 21 December 1982 on the notification of animal diseases within the 
Community (OJ No L 378, 31. 12. 1982, p. 58) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
* Council Decision 82/895/EEC of 21 December 1982 on a financial contribution from the Community 
to the campaign against foot-and-mouth disease in South-East Europe (OJ No L 378, 31. 12. 1982, p. 63). 
* Council Decision 83/650/EEC of 19 December 1983 on a financial contribution to the Foot-and-Mouth 
Disease Institute in Ankara (OJ No L 370, 31. 12. 1983, p. 60). 
Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of 
fresh meat and poultrymeat (OJ No L 32, 5. 2. 1985, p. 14): based on Article 43 only. 
* Council Decision 85/255/EEC of 2 May 1985 on a financial contribution from the Community to the 
campaign against foot-and-mouth disease in South-East Europe (OJ No L 122, 7. 5. 1985, p. 23). 
31. 8. 88 Official Journal of the European Communities No C 225/15 
Council Directive 85/358/EEC of 16 July 1985 supplementing Directive 81/602/EEC concerning the 
prohibition of certain substances having a hormonal action and of any substances having a thyrostatic 
action (OJ No L 191, 23. 7. 1985, p. 46) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 85/397/EEC of 5 August 1985 on health and animal-health problems affecting intra-
Community trade in heat-treated milk (OJ No L 226, 24. 8. 1985, p. 13) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 85/51/EEC of 18 November 1985 introducing Community measures for the control of 
foot-and-mouth disease (OJ No L 315, 26. 11. 1985, p. 11). 
Council Directive 88/146/EEC of 16 March 1988 prohibiting the use in livestock farming of certain 
substances having a hormonal action (OJ No L 70, 16. 3. 1988, p. 16). 
* Council Decision 86/649/EEC of 16 December 1986 introducing a Community financial measure for 
the eradication of African swine fever in Portugal (OJ No L 382, 31. 12. 1986, p. 5). 
* Council Decision 86/650/EEC of 16 December 1986 introducing a Community financial measure for 
the eradication of African swine fever in Spain (OJ No L 382, 31. 12. 1986, p. 9). 
* Council Decision 87/58/EEC of 22 December 1986 introducing a supplementary Community measure 
for the eradication of brucellosis, tuberculosis and leucosis in cattle (OJ No L 24, 27. 1. 1987, p. 51) only. 
Council Directive 87/64/EEC of 30 December 1986 amending Directive 72/461 /EEC on health problems 
affecting intra-Community trade in fresh meat and Directive 72/462/EEC on health and veterinary 
inspection problems upon importation of bovine animals and swine and fresh meat from third countries 
(OJ No L 34, 5. 2. 1987, p. 52): based on Articles 100 and 113. 
2.2. Protection of animals 
Council Directive 74/577 of 18 November 1974 on stunning of animals before slaughter (OJ No L 316, 
26. 11. 1974, p. 10). 
Council Directive 77/489/EEC of 18 July 1977 on the protection of animals during international transport 
(OJ No L 200, 8. 8. 1977, p. 10). 
* Council Decision 78/923/EEC of 19 June 1978 concerning the conclusion of the European Convention 
for the protection of animals kept for farming purposes (OJ No L 323, 17. 11. 1978, p. 12). 
Council Directive 81/389/EEC of 12 May 1981 establishing measures necessary for the implementation 
of Directive 77/489/EEC on the protection of animals during international transport (OJ No L 150, 
6. 6. 1981, p. 1) 
as last amended by Regulation (EEC) No 3768/85 of 20 December 1985 (OJ No L 362, 31. 12. 1985, 
p. 8). 
Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of 
laying hens kept in battery cages (OJ No L 95, 10. 4. 1986, p. 45). 
2.3 Zoo technics 
Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species 
(OJ No L 206, 12. 8. 1977, p. 8) 
as last amended by Directive 85/586/EEC of 20 December 1985 (OJ No L 372, 31. 12. 1985, p. 44).