23. 7. 90 Official Journal of the European Communities No C 182/25 
Opinion on the proposal for a Council Regulation (EEC) laying down animal health requirements 
for the placing on the market in the Community of animals and products of animal origin not 
covered in this respect by specific Community rules (*) 
(90/C 182/09) 
On 26 February 1990 the Council decided to consult the Economic and Social Committee under 
Article 198 of the Treaty establishing the European Community, on the abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's 
work on the subject, adopted its opinion on 15 May 1990. The rapporteur was Mr Storie-Pugh. 
At its 277th plenary session (meeting of 30 May 1990) the Economic and Social Committee adopted 
the following opinion unanimously. 
General comments Specific comments 
The Committee welcomes this proposal as a general 
measure as it fills another gap in the Community health 
animal rules relating to trade and live animals and 
products, and further facilitates completion of the Internal 
Market by harmonizing Member States' trade rules in 
relation to certain animals and products of animal origin 
not already covered by existing or proposed Community 
legislation. 
The Committee, however, has a number of specific 
observations to make: 
1. There could be merit in having separate legislation 
to cover bees and other invertebrates. Other in­
vertebrates e.g. lepidoptera larvae and medicinal leeches 
are moved in large numbers from one country to 
another. 
2. The Committee disapproves of the failure to use 
scientific names throughout terms which are recognized 
internationally (see International Code of Zoological 
Nomenclature). This would avoid ambiguity and would 
help to clarify what the text is supposed to cover. 
Perhaps an Annex would be the appropriate place for 
the popular names. 
3. The Community should take the opportunity of this 
proposal to start a Register of the number of rarer 
species which are translocated, notwithstanding the 
provision of CITES Washington Convention since there 
are species kept and traded within the Community that 
are not at present covered by CITES. Article 2 
The definitions of the animals/products covered by the 
proposal need to be more tightly drawn to avoid any 
confusion or ambiguity as to exactly what is covered. The 
point would be made by stating 'Vertebrates and metazoan 
invertebrates' and giving classes of vertebrates. 
Article 2.1. 
Replace 'cage birds' by 'non-domesticated birds'. 
Article 2.3. 
Change 'species' to 'genus'. 
Article 2.4. 
Change 'in particular lemurs and gorillas' by 'for example 
lemurs and gorillas'. Chimpanzees and other rare primates 
are not mentioned. Cross reference to CITES would be 
helpful although mentioned earlier in Article 1 para­
graph 2. Similarly in Article 2(5). 
To be consistent replace 'primates' by 'Primata'. 
Article 2.6. 
This underlines the necessity to draw up more accurately a 
definition of animal to avoid pedantry. 
(*) OJ No C 84, 2. 4. 1990, p. 102. This at the moment might be thought to include micro­
organisms, research materials and even some therapeutic 
drugs. 
No C 182/26 Official Journal of the European Communities 23. 7. 90 
Article 3 
This Article needs to include a general requirement for a 
minimum period of residency in a holding before 
movement to another holding can take place, so as to help 
prevent disease spread. This period will vary depending 
upon species/pathogens involved. 
Article 4 
Replace 'monkeys' by 'non human primates': 
Article 5 
The Committee approves the provision for adding other 
species, e.g. crocodiles. 
Article 8 
First line, replace 'may' by 'must'. 
Article 9 
The Committee approves the provision to alter the 
Annexes. 
Annex A 
The Committee supports the provision made for updating 
the list of compulsorily notifiable diseases. Special regard 
should be paid to the less common species. It would be 
helpful if the complete list of notifiable diseases were 
reproduced for ease of reference. 
Annex B — Cage birds 
The controls proposed here are significantly less stringent 
than those controls designed essentially to prevent 
introduction or spread of Newcastle Disease. One might 
suggest the following basic provisions: 
(1) 35 days post import quarantine in specially approved 
premises. 
(2) Birds to be accompanied by a health certificate signed by 
an official veterinarian of the exporting Member State. 
(3) Birds to be resident in country of export for at least 
6 weeks with health monitoring. 
(4) No birds which have been vaccinated against Newcastle 
Disease should be imported. Equally it must be stated whether birds have been vaccinated against para­
myxoviruses. Additionally, replace 'ornithosis/psit-
tacosis' by 'chlamydiosis'. 
Annex D — Bees 
1. The proposed control on bees gives rise to a number 
of serious reservations, in particular to: 
(i) prevention measures are based on local areas control. 
These are totally inadequate for diseases such as 
varroasis, which may take up to two years to become 
obvious and though it can be treated, it cannot be 
eradicated. Its absence from an imported colony 
cannot be guaranteed by any diagnostic measure. The 
parasitic mite causing varroasis is widespread and the 
disease is enzootic throughout most of Europe. 
Provision should be made to enable Member States as 
yet unaffected by the disease to take special measures, 
including import controls as necessary, to prevent the 
spread of this disease from one part of the Community 
to another, at least until an effective treatment is 
available. (The list of diseases is not comprehensive, for 
example, it does not include European Foul brood and 
makes no provision for new diseases). 
(ii) A considerable amount of work needs to be done on the 
proposals on bees and agricultural products to ensure 
that they are effective, workable and appropriate. 
(iii) Acariosis (the species of mite must be stated since many 
are harmless) is included even though it is so 
widespread as to make area controls impracticable. 
This could prevent all movement of bees in Member 
States where disease is present in many areas, including 
the seasonal transfer of thousands of colonies for 
pollination purposes. 
The Committee suggests that examination by technical 
experts is essential before they are considered by the 
Council. 
Annex E — Primates — Certificate 9 
The controls proposed here preclude rabies quarantine 
measures although the significance of this point is 
recognized in this proposal in relation to fur animals 
(Annex C). This is especially relevant to importation from 
third countries. 
1(B) delete 'subcutaneous' tuberculin test. 
It may be essential to define what test should be employed 
(for example, a double comparative intrapalpebral), 
although F III a) might be used as a let-out clause. 
23. 7. 90 Official Journal of the European Communities l^oC1^27 
Because of its zoonotic significance, some mention should 
he made of filovirus and other transmissible conditions. 
tOelete the heading 5Monl^eys^ and insert ^non human 
^nmates^alsoinM,t(a)and ll,l(b). The certificate in 
some cases could not be honestly signed by anyone 
unacquainted with the definition of monkeys in this 
legislation. Since the animal health regulations depend toa 
great extent on mutual trust, there is responsibility not only 
on the signatory but on the issuing authority to avoid 
ambiguity (se EorSuidaeitisimportant that provisions aremadefor 
controls in respect of Au^es^y^sdisease, whilst for some 
ruminants (for example deer and camehds) the proposed 
testing^isolation regime for tuberculosis has been shown in 
practice to be totally inadequate to prevent the introduce 
tion of tuberculosis in imported deer or other species. 
It has been found that at least 120 days pre^e^port isolation 
is needed during which period the deer must react 
negatively to 3TB tests, followed by a penodof post 
import isolationdunngwhichtimethedeermustreact 
negatively to yet anotherTB test. 
Certificate 9, Insert identification of animal if l^nown 
(might include finger prints or through Lo^A prints). Attention should be drawn to the reported occurrence of 
Bovine Spongiform Encephalopathy in ^oo Bovids and 
Cervids, 
The certificate should be signed by an official veterinarian 
(as in Appendix E), 
A^^^ 
A^^^^^ — o^^M^ It is accepted that the treatment is primarily aimed at 
destroying the foot and mouth virus. The term of this 
Anne^ should agree with the Aiill^lOirective and proposed 
Regulation ^doc,CC0M(^9) ^72 finalp 
Although the controls proposed here provide certain 
safeguards by requiring that the holding of origin is 
situated in the centre of an epizootic free area and has been 
free for specific periods from all notifiable diseases to 
which ungulates are susceptible,the Committee is of the 
opinion that this does not go far enough. 
(!) The scientific term Pnmata includes prosimians, such as 
bushbabies, as well as simians (apes and true monkeys). Done at Brussels, 30 May 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Regulation (EEC) on the Application of Article 85(3) of the 
Treaty to Certain Categories of Agreements, Decisions and Concerted Practices in 
the Insurance Sector (*) 
(90/C 182/10) 
On 15 January 1990 the Council decided, in accordance with Article 198 of the Treaty establishing 
the European Economic Community, to ask the Economic and Social Committee for an opinion on 
the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services was made responsible for the preparatory 
work, in the course of which Mr Mourgues was appointed rapporteur-general. 
At its 277th plenary session (meeting of 30 May 1990), the Economic and Social Committee 
adopted unanimously the following opinion : 
(!) OJ No C 16, 23 1 1990, p 13