PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON ANIMAL HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY TRADE AND IMPORTS FROM THIRD COUNTRIES OF FRESH POULTRYMEAT AND FRESH MEAT OF REARED GAME BIRDS
Date: 1989-10-20
Institutions: European Commission
Subjects: fresh meat, health control, import (EU), intra-EU trade, poultrymeat

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

C0HC89)  507  f i n al 

Brussels,  20  October  1989 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

on  animal  health  conditions  governing  intra-Community  trade  and  imports 

from  third  countries  of  fresh  poultryneat  and  fresh  neat  of  reared 

game  birds 

(presented by the Commission) 

(&nS°}{ 

EXPLANATORY  MEMORANDUM 

The Proposal herewith provides  for the approximation  of the rules  governing 

the animal health  aspects of  intra-Community  trade  in fresh poultrymeat  and 

fresh meat  of reared game birds. Removing  the present  requirements, will  avoid 

the spread of contagious diseases. More  specifically,  fresh meat  from a 

holding  or area which, under Community  rules, is the subject  of a ban  imposed 

on grounds of animal health protection will not qualify for the health mark 

specified  in the Community  rules. Such meat may however, be put  to other uses 

if it has undergone  treatment  designed  to destroy  the germs of the diseases 

concerned,  in which  case  it will bear  a special mark to that  effect. 

The Proposal  also provides for Community  arrangements  in respect  of  imports 

from third  countries. With a view to safeguarding  human  and animal health, a 

number  of animal health  standards  are laid down which will apply to third 

countries  frcrr which  fresh poultrymeat  and fresh meat  of reared  game birds may 

be  imported  into the  Community. 

This proposal will be complemented  by measures  for the control of Newcastle 

Disease  in the Community, which will be proposed  shortly.  In addition, having 

regard  to the different  policies on vaccination  pursued  in the Member  States, 

the Commission  intends  to have a study undertaken  in relation  to the potential 

risk of transmitting Newcastle Disease through  fresh poultrymeat  originating 

from vaccinated  poultry.  The proposal will be reviewed  in the light of the 

results of the  study. 

In  its proposal the Commission  has opted for the  regulatory-committee 

procedure. This does not bring  into question  its preference  for the  advisory 

committee  system generally. In the case at hand, the  regulatory-committee 

procedure  is justified  in view of the wish  to avoid  disrupting  the present 

management  system  in the veterinary field  and the special  nature of the 

decisions  to be adopted which  involve animal health protection  as such  in the 

Community  and which  have a major  impact  on animal husbandry  policies  in the 

Community. 

The proposed  Regulation would  apply with  effect  from 1 November  1990. This  is 

advisable  in view of the need to introduce harmonized  control measures  against 

contagious  diseases  - Newcastle disease  in particular  - which  affect  poultry. 

Proposal for a 

COUNCIL REGULATION  (EEC) 

on animal health conditions  governing  intra-Community  trade and  imports  from 

third countries of fresh poultrymeat and fresh meat of reared game birds. 

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 poultrymeat  is included  in the list of products  in Annex II to the 

Treaty; whereas the breeding and rearing of poultry  is generally  included  in 

the farming sector and constitutes  a source of  income for part of the farming 

population; 

Whereas disparities between Member States should be removed  by laying down 

rules regarding  the animal health aspects of intra-Community  trade  in fresh 

poultrymeat with a view to ensuring the rational development  of production in 

that  sector and encouraging  inta-Community trade, thus contributing  to the 

completion of the internal market; 

-  2 -

Whereas, in particular, to improve  information concerning  the state of health 

of the birds from which  fresh meat  for consignment  to another Member  State 

comes, it should be stipulated  that the birds must either have been reared on 

the territory of the Community  or have been  imported  from third  countries  in 

accordance with the rules adopted pursuant  to Chapter III of Council  Regulation 

(EEC) No 

/ 

/on animal  health  conditions governing  intra-Community  trade 

and  imports  from third  countries of poultry and  hatching  eggs? (1); 

Whereas,  in order to prevent  it from propagating  epizootic diseases, fresh 

meat coming from a holding or area which, in accordance with Community  rules, 

has been place under health restrictions, should be excluded  from 

intra-Community  trade; 

Whereas  care should be taken that fresh poultrymeat  that does not comply with 

Community  rules should not be given the health mark provided  for  in Council 

Directive  71/118/EEC of IS February 1971 on health problems affecting  trade in 

fresh poultrymeat (2), as last amended by Directive 88/657/EEC (3); whereas, such meat 

may, however, be put to other uses provided that it has undergone treatment designed to 

destroy the germs of diseases, in which case it wi 11 bear a special mark to that effect; 

Whereas, in respect of the organization of and the follow-up to the checks 

being carried out by the Member State of destination  and the safeguard 

measures to be implemented,  reference should be made to the general rules laid 

down  in Council Regulation  (EEC) No 

/concerning  veterinary checks in 

intra-Community  trade with a view to the completion  of the internal market/'(4); 

Whereas provision  should be made for independent  checks to be carried out by 

the Commission; 

Whereas,  in the  interests of the harmonious development  of  intra-Community 

trade, Community  rules should be adopted  in respect of  imports  from third 

countries; 

(1) OJ No L 
(2) OJ No L 55, 8.3.1971, p. 23. 
(3) OJ No L  382, 31.12.1988, p. 3. 
(4) 

-  3 -

Whereas  defining  Community  provisions  applicable  to  imports  from third 

countries  requires  that a list  be  drawn up of third countries or parts  of 

third countries  from which  fresh pouItcymeat  and fresh meat of reared game 

birds may be imported  and that a certificated  be produced; 

Whereas  the Commission's  veterinary experts  should be  instructed  to carry out 

checks  in third  countries  in order to determine whether the rules are complied 

with; 

Whereas,  in respect of the organization  of and the follow-up to the checks to 

be carried  out and the safeguard measures  to be implemented,  reference  should 

be made to the general rules laid down  in Council Regulation  (EEC) No 

/on guidelines  for the organization  of veterinary  checks  in respect of 

products  from third countries, with a view to the completion  of the  internal 

market*/  (5) ; 

Whereas  the provisions of this Regulation will have to be reviewed  in the 

context of the completion  of the  internal market; 

Whereas  provision  should be made for a procedure establishing  close 

cooperation between the Member  States  and the Commission within  the Standing 

Veterinary  Committee; 

Whereas  it is advisable to allow sufficient  time to introduce harmonized 

control measures  against  the main contagious diseases, Newcastle disease in 

particular, which affect  poultry, 

HAS ADOPTED THIS REGULATION : 

CHAPTER I 

GENERAL 

Article 1 

This Regulation lays down animal health requirements  applicable to 

intra-Community trade  in and  imports  from third countries of fresh meat of 

domestic  birds of the following  species  : hens, turkeys, guinea fowl, ducks, 

geese and reared game birds. 

(5) OJ No L 

-  4 -

Article 2 

1. For the purposes of this Regulation : 

(a)  "reared game birds** means birds normally regarded  as game, but which 

have been hatched, reared  and kept  in captivity; 

(b)  "meat" means any part of the animals referred  to in Article 1 which is 

fit for human  consumption; 

(c)  "fresh meat** means any meat which  is referred  to in Article 1 and 

which, with a view to being preserved, has undergone no treatment 

other than refrigeration. 

2. Moreover, for the purposes of this Regulation, the definitions  set out in 

Article 2 of Council Regulation  (EEC) No 

/on animal health 

conditions governing  intra-Community  trade and imports  from third  countries 

of poultry and hatching eggs/ shall also apply. 

Article 3 

Where appropriate, special exceptions from this Regulation or special  require 

ments may be  laid down  in respect  of  fresh meat  : 

-  contained  in the personal luggage of travellers, provided  that  such meat is 

not subsequently used for commercial purposes, 

-  in small consignments  to private  individuals, provided that the said 

consignments  are not of a commercial nature, 

-  intended, for catering purposes, for staff and passengers on board means of 

transport on international routes to or from third countries. 

- 5 

CHAPTER II 

RULES GOVERNING  INTRA-COMMUNITY  TRADE 

Article 4 

In order to be traded within the Community  the fresh meat must have been : 

1. obtained  from poultry or reared game bird which : 

(a)  have stayed  in the Community  since hatching or have been  imported  from 

third countries  in accordance with the rules adopted  pursuant  to 

Chapter  III of  Regulation  (EEC) No 

on animal  health 

conditions governing  intra-Community  trade and  imports  from third 

countries of poultry and hatching eggs; 

(b)  come from a holding : 

- which has not been placed under animal health restrictions  in 

connection with a poultry disease; 

- which  is not situated  in an area which has been declared  an avian 

influenza or Newcastle disease  infection area; 

(c)  during  transport  to 

the slaughterhouse did not come  into contact 

with birds suffering from avian  influenza or Newcastle disease. 

Transport 

through 

an area which has been declared  an avian 

influenza or Newcastle disease  infection area shall be prohibited 

unless major road or rail links are used; 

2. produced  in slaughterhouses  in which at the time of slaughter, no case of 

avian influenza or Newcastle disease had been recorded. Any fresh meat 

which  is suspected of having been contaminated  at the slaughterhouse, 

cutting plant or storage depot or in the course of transport  must be 

excluded  from intra-Community  trade. 

Article 5 

Fresh meat which does not meat the requirements laid down  in Article 4 shall 

not be given the health mark specified  in Article 3(1) A(e) of Directive 

71/118/EEC. 

- 6 -

Article 6 

1. Notwithstanding  Article 5, and  insofar as it is not  intended  for intra-

Community trade in fresh meat, fresh meat which does  meet 

the require 

ments  laid down in Article 4 may carry a mark  in accordance with Article 

3(1) A(e) of Directive 71/118/EEC, provided that it is overstamped in accordance 

with point 1 of the Annex to thi s Regulation or that the special mark referred to in 

point 2 of the Annex to thi s Regulation is immediately imposed thereon. 

The provisions of Annex I, Chapter X, point 43 of Directive  71/118/EEC 

shall apply mutatis mutandis to the keeping  and use of marking  instruments. 

2. The meat referred  to in paragraph 1 must be obtained, cut, transported and 

stored  separately  from, or not at the same time as, meat  intended for 

intra-Community trade  in fresh meat. 

Article 7 

The  rules  laid down  in Regulation  (EEC) No 

/on veterinary  checks 

in intra-Community  trade with a view to the completion of the internal market? 

shall apply, in particular as regards the organization of and the follow-up to 

the checks carried out by the Member  State of destination, and the safeguard 

measures to be applied. 

Article 8 

Commission  veterinary experts may, to the extent necessary  to ensure uniform 

application of this Regulation, carry out on-the-spot  inspections. The 

Commission  shall inform the Member  States of the outcome of such inspections. 

-  7 -

The Member States  in whose territory  an  inspection  is carried out shall give 

the experts all the assistance necessary  for the performance of thier tasks. 

General rules for the application of this Article  shall be adopted in 

accordance with the procedure laid down  in Article 17. Rules to be followed 

during the inspections provided  for in this Article shall be adopted  in 

accordance with the same procedure. 

CHAPTER III 

RULES FOR IMPORTS FROM THIRD COUNTRIES 

Article  9 

Fresh meat  imported  into the Community must satisfy the requirements laid down 

in Articles 10 to 13. 

Article 10 

1. The fresh meat must come from a third country or part of a third country 

included  in a list drawn up by the Commission  in accordance with the 

procedure laid down in Article 17. The list may be supplemented or amended 

in accordance with the same procedure. 

2. In deciding whether a third country or part thereof may be included  in the 

list referred  to in paragraph 1, particular account shall be taken of : 

(a)  the state of health of the poultry, other domestic  animals and 

wildlife  in the third country, particular attention being paid to 

exotic  animal diseases and the health situation  in the  surrounding 

area in that country, where either are liable to endanger public and 

animal health  in the Member States; 

(b)  the regularity and rapidity of the supply of information by the third 

country relating  to the existence of contagious animal diseases  in its 

territory,  in particular the diseases  in lists A and B of the 

International Office of Epizotics; 

8 -

(c)  the country's  rules on animal disease prevention  and  control; 

(d)  the structure of the veterinary  services  in the country  and their 

powers ; 

(e)  the organization  and  implementation  of measures to prevent  and control 

contagious  animal diseases; 

(f)  the guarantees which the third country can give with regard to 

compliance with this Regulation. 

3. This list referred  to in paragraph 1 and any amendments  thereto  shall be 

published  in the Office Journal of the European  Communities. 

Article 11 

1. Fresh meat must come from third countries  free from avian  influenza and 

Newcastle disease. 

2. The general criteria for classifying  the third country from the point of 

view of  the diseases  referred  to  in paragraph  1 shall be adopted  in 

accordance with the procedure  laid down  in Article 17. 

3. The Commission may,  in accordance with the procedure laid down in 

Article 17, decide that the provisions of paragraph 1 shall apply only to a 

part of the territory of a third  country. 

Article 12 

The fresh meat must : 

(a)  satisfy  animal health requirements  adopted  in accordance with the 

procedure laid down in Article 17. These requirements may differ 

according  to the species of animal; 

(b)  come from flocks which, prior to consignment, have, without 

interruption, been  in the territory or part of the territory of the 

third country for a period to be defined  in accordance with the 

procedure laid down in Article 17. 

- 9 -

Article 13 

1. Fresh meat must be accompanied  by a certificate drawn up by an official 

veterinary  of the exporting  third  country. 

The certificate must : 

(a)  be  issued on the day of loading  for consignment  to the country of 

destination; 

(b)  be drawn up  in the official language or languages of the country of 

destination, and  in one of the official languages of the country in 

which the import checks are to be carried out; 

(c)  accompany  the consignment  in the original; 

(d)  attest that the fresh meat satisfies the requirements  of this 

Regulation  and those adopted pursuant to this Regulation with regard 

to importation  from third countries; 

(e)  consist of a single sheet of paper; 

(f)  be made out,  in principle, for a single consignee. 

2. The certificate must  conform with a model established  in accordance with 

the procedure laid down  in Article 17. 

Article 14 

On-the-spot  inspections  shall be carried out by veterinary experts on the 

Member  States and the Commission  to ensure that the provision of this 

Regulation are effectively  applied. 

The Member  States* experts responsible  for these  inspections  shall be 

designated  by the Commission  on proposals  from the Member States. 

The  inspections  shall be carried out on behalf of the Community,  and the 

latter shall bear the costs. 

The frequency of the inspections and the inspection procedure  shall be 

determined  in accordance with the procedure laid down  in Article 17. 

-  10 -

Article 15 

1. The Commission may,  in accordance with the procedure laid down  in Article 

17, decide that  imports  from a third country or part of a third country are 

to be confined  to fresh meat of a particular  species. 

2. The Commission may decide, in accordance with the procedure  laid down in 

Article 17, to apply animal health restrictions, as required, after 

importation. 

Article 16 

The general  rules  laid down in Regulation  (EEC) No 

/concerning 

veterinary  checks on products from third countries with a view to the 

completion  of the internal market? shall apply  in particular  as regards the 

organization  of and the follow-up to the checks to be carried out and the 

safeguard measures to be  implemented. 

CHAPTER IV 

COMMON  PROVISIONS 

Article 17 

1. The Commission  shall be assisted by the Standing Veterinary Committee, set 

up by Council Decision 68/361/EEC  (6)/  hereinafter  referred  to as the 

"Committee". 

2. Where the procedure laid down in this Article  is to be followed, the 

provisions  set out below 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 he 

weighted  in the manner  set out  in that Article. The Chairman  shall not vote. 

(6) OJ  m  L 255, 18,10.1968, p, 23. 

- 11 -

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 three months from the date of referral to 

the Council, the Council has not acted, the proposed measures  shall be 

adopted by the Commission. 

Article 18 

This Regulation  shall be reviewed  before 31 December  1991  in the  light of 

proposals concerning  the completion of  the internal market-

Article 19 

This Regulation  shall enter  into force on the 30th day following that of  its 

publication  in the Official Journal of the European  Communities. 

It shall apply from 1 November 1990. 

This Regulation  shall be binding  in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 

ANNEX 

Mark for meat  intended  for a use other than  intra-Community 

trade  in fresh poultrymeat and fresh meat of reared game birds 

1. The overstamping must be done  in such a way that the health mark defined in 

44.1(a) and  (b) of Chapter Z of Annex I to Directive  71/118/EEC is covered 

by a diagonal cross consisting of two straight  lines crossing  at right 

angles, with the point of intersection  in the centre of the stamp and the 

information thereon remaining legible. 

2. The single special mark shall consist of the health mark defined  in 44 (a) 

and  (b) of Chapter Z of Annex I to Directive 71/118/EEC, as overstamped in 

accordance with point 1. 

F I N A N C I AL 

S T A T E M E NT 

concernée  : 

Draft  proposal  for  a  Council  Regulation on  animal  health conditions 
governing  intra-Community  trade  and  imports  from  third  countries of 
fresh  poultrymeat  and  fresh  meat  of  reared  game  birds 

1. Budget headlno, : 

I tea  : 

Title  : 

IIIB 

382 

I n s p e c t i on 

in  A g r i c u l t u re 

2.  Legal  basis  : 

A r t i c le  43  of 

t he  T r e a ty 

3.  Classification  : 

, Coapulsory  expenditure/Ncn-conpulsory  expenditure 

Non-compulsory  e x p e n d i t u re 

» 

4.  Purpose/description  of  the  aeasure  : 

-  V e r i f i c a t i on  of 
-  V i s it 
up  a 
UP  c e r t i f i c a t es 

to  t h i rd  c o u n t r i es 
l i st  of 

t he  a p p l i c a t i on  of 

t he  R e g u l a t i on 

( A r t.  9) 

f or  a n i m al  h e a l th  p u r p o s e s * w i th  a  view  to  d r a w i ng 

t h i rd  c o u n t r i es  which  may  e x p o rt 

to  t he  Community  and  to  drawing 

f or 

t h o se  c o u n t r i e s. 

Commission  checks 
i u, 

( A r t i c le 

in  t h i rd  c o u n t r i es 

l i, 

i<*. 

5.  Method  of  calculation 
5.1  Fora  of  expenditure  : 

5.2  Coaaunity  contribution  : 

5.3  Calculation  : 

Mission  expenses 
100% 

200  mission days  per  year  at  ECU  170 per  day  (current  cost  of 
inspections)  =  ECU  34,000  per  year. 

Financial  laplicatlon  as  regards  operating  appropriations 

6* 
6.1  Schedule  of 

"  * 

appropri 

ati ons  r 

C <ECU T r i l l i on  ) 

Year 
1991 
1!<92 
1993 
1994 
1995 
following 

lv»*l 

years 

CA.V PA 
U.U44 
0.034 
0.034 
0.034 
0.034 

TTTPD" 

-

' 

6.2 

financing  dur\nt)  current  y*-.-r  : 

NIL 

7.  Observations  : 

» 

• 

This  proposal also  calls  for  two  additional A7/6  posts. 

FICHE  D'IMPACT  SUR  LA COMPETITIVITE  ET  L'EMPLOI 

lasK  i-orce rME 

I.  Quelle  est  la justification principale  de  la mesure ? 

Harmoniser  les conditions de police  sanitaire  régissant  le  commerce 
intracommunautaire  et  les importations  de viandes  fraîches  de volaille, 

II.  Caractéristiques  des entreprises  concernées. En particulier  : 

(a) Y a-t-il un grand  nombre  de PME ? 

Abattoirs  de volaille et ateliers de découpe 

(b) Note-t-on  des  concentrations  dans des  régions 

i.éligibles  aux  aides  régionales des  Etats membres ? 

ii.éligibles  au  Feder ? 

NON 

NON 

III. Quelles  sont  les obligations  imposées  directement  aux  entreprises ? 

Respect  de  la réglementation 

IV.  Quelles  sont  les obligations  susceptibles d'être  imposées  indirectement 

aux entreprises  via  les autorités  locales ? 

NEANT 

V. 

Y a-t-il  des mesures  spéciales pour  les PME ? 

Lesquelles ? 

NON 

VI.  Quel est  l!_fc.!fe>t prévisible 

a) sur  la compétitivité  des entreprises ? 

b) sur  l'emploi  ? 

NEANT 

NEANT 

VII. Les partenaires  sociaux  ont-ils été  consultés ? 

Quels sont  leurs 

avis ? 

NON 

..»*.. ... i 

ISSN 0254-1475 

COM(89) 507 final 

DOCUMENTS 

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03 

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