Proposal for a COUNCIL DIRECTIVE amending Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market
Date: 1992-04-21
Institutions: European Commission
Subjects: intra-EU trade, live animal, single market, veterinary inspection

COMMISSION  OF  THE EUROPEAN  COMMUNITIES 

COM(92) 147 final 

Brussels, 21 April  1992 

Proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directive 90/425/EEC  concerning  veterinary 

and  zootechnical  checks applicable  in  intra-Community 

trade  in certain  live animals  and  products 

with  a view  to the completion  of  the  internal  market 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

2 

Council  Directive  90/425/EEC  concerning  veterinary  and  zootechnical  checks 
applicable  in intra-Community trade  in certain  live animals and products with a 
view  to  the completion of  the  internal  market*1) provides  that  veterinary  and 
zootechnical  checks on  certain  live animals  and  products  are  no  longer  to be 
carried out at the Community's  internal borders. 

However,  the  Directive  leaves  open  the  rules  applicable  after  the  expiry  of 
certain  transitional  provisions  (Articles  24 and  25).  In addition, the fourth 
paragraph of Article 21 provides for  inclusion  in the scope of Council Directive 
89/662/EEC of  11 December  1989 concerning  veterinary  checks  in  intra-Community 
trade with  a view  to the completion of  the  internal  market*2^  or  of  Directive 
90/425/EEC of  the animals and products of animal origin not covered by the said 
Direct ives. 

This proposal provides for the abolition, from 1 July 1992, of veterinary checks 
at  internal  borders  for  all  trade  in  live  animals.  It  is  clearly  not 
appropriate  to apply  the arrangements  provided  for  in Directive  90/425/EEC  to 
checks on  the movements between Member  States of pets accompanied  by a natural 
person.  Such  movements  are  not  the  subject  of  a  commercial  transaction  and 
therefore fall outside the scope of Directive 90/425/EEC and will be dealt with 
in a specific Commission proposal. 

This  proposal  takes  account  of  the  considerable  progress  made  in  the 
harmonization of veterinary rules, particularly  those concerning: 

- checks on  live animals  from  third countries  (Council  Directive 91/496/EEC of 
15  July  1991  laying  down  the  principles  governing  the  organization  of 
veterinary  checks on animals entering  the Community  from  third  countries and 
amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3>) 

- measures to control  foot-and-mouth disease (Council  Directive 90/423/EEC of 26 
June 1990 amending Directive 85/511/EEC  introducing Community measures for the 
control  of  foot-and-mouth  disease,  Directive  64/432/EEC  on  animal  health 
problems  affecting  intra-Community  trade  in  bovine  animals  and  swine  and 
Directive  72/462/EEC  on  health  and  veterinary  inspection  problems  upon 
importation of bovine animals and swine and  fresh meat or meat  products from 
third  countries)*4*  and  swine  fever  (Council  Directive  ../.../EEC  of 
amending  Directive 80/217/EEC  introducing  Community  measures  for  the control 
of classical swine fever)(5). 

(1) 0J No L 224, 18.08.1990, p. 29. 
(2) 0J No L 395, 30.12.1989, p. 13. 
(3) 0J No L 268, 24.09.1991, p. 56. 
(4) 0J No L 224, 18.08.1990, p. 13. 
(5) 0J No L 

3 

proposal  for a 

COUNCIL DIRECTIVE 

amending Directive 90/425/EEC concerning veterinary 

and zootechnical  checks applicable  in intra-Community 

trade  in certain  live animals and products 

with a view to the completion of the  internal market 

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*1), 

Having regard to the opinion of the European Parliament*2), 

Having regard to the opinion of the Economic and Social  Committee*3), 

Whereas  the Community  is to adopt  measures  designed  to establish  the  internal 

market progressively over a period expiring on 31 December 1992; 

Whereas Council  Directive 90/425/EEC of  26 June  1990 concerning  veterinary  and 

zootechnical  checks applicable  in  intra-Community  trade  in certain  live animals 
and  products with  a view  to the completion  of  the  internal  market*4),  as  last 
amended  by  Directive  91/628/EEC*5),  provides  that  veterinary  checks on  certain 
live  animals  and  animal  products  are  no  longer  to  be  carried  out  at  the 

Community's  internal borders; 

(1) 0J No C 
(2) 0J No C 
(3) OJ No C 
(4) OJ No L 224, 18.08.1990, p. 29. 
(5) OJ No L 340, 11.12.1991, p. 17. 

,^^-^Am.t. 

imiam^v&m&± 

^ 

Whereas,  since  adopting  Directive  90/425/EEC,  the Council  has  fixed  the 

principles  governing  the organization  of  veterinary  checks on  live  animals  and 

animal  products  entering  the Community  from  third  countries; whereas,  in this 

respect,  account  should  be  taken of  Council  Directive 90/675/EEC  of  10  December 

1990  laying  down  the principles  governing  the organization  of  veterinary  checks 

on products  entering  the Community  from  third  countries*6) and  Council 

Directive  91/496/EEC of  15 July  1991  laying  down  the principles  governing  the 

organization  of  veterinary  checks on  animals  entering  the Community  from  third 

countries  and  amending  Directives 89/662/EEC, 90/425/EEC  and  90/675/EEC*7); 

Whereas  the  fourth  paragraph  of Article  21 of  Directive  90/425/EEC  provides  for 

the  inclusion  in the scope of  the said  Directive,  and of  Council  Directive 

89/662/EEC of  11 December  1989 concerning  veterinary  checks  in  intra-Community 

trade with  a view  to the completion  of  the  internal  market*8) of  live  animals 

and  products of  animal  origin  not  covered  by  the said  Directives; 

Whereas  Article  25 of  Directive  90/425/EEC  stipulates  that  the  arrangements 

which  are  to apply  when  the  transitional  provisions  provided  for  in Article  24 

expire  should  be determined;  whereas,  in this  regard,  account  should  be  taken of 

the progress made  in the Community  as  regards  both  the adoption of  rules 

concerning  live animals  and  animal  products  from  third  countries  and  the 

harmonization of measures  to control  foot-and-mouth  disease  and  swine  fever, 

specifically  Council  Directive 90/423/EEC of  26 June  1990 amending  Directive 

85/511/EEC  introducing  Community  measures  for  the control  of  foot-and-mouth 

disease, Directive  64/432/EEC on  animal  health  problems  affecting  intra-

Communi ty  trade  in bovine  animals  and  swine  and  Directive  72/462/EEC  on  health 

and  veterinary  inspection  problems  upon  importation  of  bovine  animals  and  swine 

and  fresh meat  or  meat  products  from  third  countries*9) and  Council  Directive 

../.../EEC of 

amending  Directive 80/217/EEC  introducing  Community  measures 

for  the control  of  classical  swine  fever*1 0); 

(6)  0J  NO L 373, 31.12.1990, p.  1 
(7)  0J  No L 268, 24.09.1991, p. 56 
(8)  0J  No L 395, 30.12.1989, p. 13 
(9)  0J  No L 224, 18.08.1990, p. 13 
(10) OJ  No L 

vj-

Whereas, particularly  in the  light of  the progress made  in harmonizing 

veterinary  rules, provision  should  be made  for  the abolition,  from  1 July  1992, 

of  veterinary  checks carried  out  at  internal  borders on  all  live animals  and 

animal  products; 

Whereas, however, provision must  be made  for  specific  rules concerning  the 

veterinary  checks applicable  to movements of  pets accompanied  by  and  under  the 

responsibility of  a natural  person, where  such movements  are  not  the subject  of 

a commercial  transaction; 

HAS ADOPTED  THIS  DIRECTIVE: 

Directive 90/425/EEC  is hereby  amended  as  follows: 

Article 1 

1. The  following paragraph  is added  to Article  1: 

"This Directive shall  not  apply  to veterinary  checks on movements  between 

Member  States of  pets accompanied  by  and under  the  responsibility of a 

natural  person, where  such movements  are not  the subject  of  a  commercial 

transaction." 

2.  In Article 7(2), "1 January  1993"  is replaced  by  "1  July  1992". 

3.  In the  first  paragraph of Article  21, the words  "until  31  December  1992" are 

deleted. 

4. The second  paragraph  of Article  21  is replaced  by  the  following; 

"Member  States shall  communicate  to the Commission  and  the other  Member 

States  the conditions  and  procedures  applicable  to trade  in the animals  and 

products  referred  to  in the  first  paragraph." 

5. The  last  sentence of  the  third  paragraph  of Article  21  is deleted. 

• zr&~  .^**ii 

6. Article  22  is replaced  by  the  following: 

"Article  22 

1. Member  States  shall  submit  to  the Commission,  using  a harmonized  model, 

the  relevant  information concerning  the checks  carried  out  pursuant  to 

this Direct ive. 

2. The Commission  shall  examine  the  information  referred  to  in paragraph 1 

within  the Standing  Veterinary  Committee.  It may  adopt  appropriate 

measures  in accordance with  the procedure  laid  down  in Article  18. 

3. Detailed  rules  for  the application  of  this Article,  in particular  the 

frequency  of  communication  of  information  , the model  to be used  and  the 

type of  information  required,  shall  be  laid  down  in accordance  with  the 

procedure  laid down  in Article 18." 

7. Articles  24 and  25 are  deleted. 

8. Part  A of Annex  B  is replaced  by  the  following: 

"A. Veterinary  legislation  - Other  live animals  not  covered  by  Annex A.1." 

9.  Part  B of  Annex  B  is replaced  by  the  following: 

"B. Veterinary  legislation - Semen, ova  and  embryos  not  covered  by  Annex 

A. 1." 

Art icle 2 

1. Member  States  shall  bring  into force  the  laws, regulations  and  administrative 

provisions  necessary  to comply  with  this Directive on  1 July  1992.  They 

shall  forthwith  inform  the Commission  thereof. 

2. When these measures are adopted by the Member States, they shall contain a 

7-

reference to this Directive or shall be accompanied by such reference on the 

occasion of their official publication.  The methods of making such a 

reference shall be  laid down by the Member States. 

Article 3 

This Directive  is addressed to the Member States. 

Done at Brussels, 

For the CounciI 

ISSN0254-X475 

COM (92) 147 final 

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