Proposal for a COUNCIL DIRECTIVE amending Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market
Date: 1992-06-02
Institutions: European Commission
Subjects: intra-EU trade, single market, veterinary inspection, veterinary legislation

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(92) 211 final 

Brussels,  2  June 1992 

Proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directive  89/662/EEC  concerning  veterinary  checks  in 

intra-Community  trade with  a view to the  completion 

of the  internal  market 

(presented  by the  Commission) 

-  2 -

EXPLANATORY  MEMORANDUM 

Under  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  market1,  the  veterinary  checks  on  certain  animal 

products  are  no  longer  to  be  carried  out  at  the  Community's  internal 

frontiers. 

The Directive  however 

- 

leaves  open  the  rules  applicable  on  expiry  of  certain  provisions 

(Article  14  for  products  listed  in Annex  B; Articles  20  and  21  for 

certain  requirements) 

- 

makes  provision  for  certain  specific  checks  on  products  from  third 

countries. 

Further, 

the 

fourth 

paragraph 

of 

Article 

21 

of 

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^  provides  for  inclusion  within  the  scope  of  Directives 

89/662/EEC  or  90/425/EEC  of  animals  and  animal  products  not  covered  by 

them. 

The  attached  proposal  is  for  all veterinary  checks  at  internal  frontiers 

and  animal  products  to  be  discontinued  from  1 July  1992.  This  is 

possible  because  of  the  considerable  progress  made  on  veterinary 

harmonisation,  particularly  as  regards 

- 

veterinary  checks  on  products  from  third  countries  (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-*), 

1 
2 
3 

OJ  No L  395, 30.12.1989, p. 13. 
OJ NO L  224,  18.8.1990, p. 29. 
OJ  No L  373, 31.12.1990, p.  1. 

-  3 -

control  of  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^)  and  of  swine  fever  (Council  Directive  .../.../EEC  of 

amending  Directive  80/217/EEC  introducing  Community 

measures  for the control of  classical  swine  fever5). 

4 
5 

OJ No L 224, 18.8.1990, p. 13. 
OJ No  L 

-  4 -

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending  Directive  89/662/EEC  concerning  veterinary  checks  in 

intra-Community  trade 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  Commission1, 

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  to  establish  the  internal 

market  progressively  during  the period  up to  31 December  1992; 

Whereas  Council  Directive  89/662/EEC^,  as  last  amended  by  Directive 

91/496/EEC5,  stipulates  that  the  veterinary  checks  on  certain  animal 

products  are  no  longer  to  be  carried  out  at  the  Community's  internal 

frontiers; 

Whereas  since  adoption  of  that  Directive  the  Council  has  set 

principles  for  the  organization  of  veterinary  checks  on  products  from 

third  countries  brought  into  the  Community;  whereas  in  this  connection 

account  must  be  taken  of  the  provisions  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 

countries6  and  of  Council 

Directive  91/496/EEC 

of 

15 July  1991  laying  down  the  principles  governing  the  organization  of 

1 
2 
3 
4 
5 
6 

OJ  No C 
OJ No  C 
OJ No  C 
OJ No L  395, 30.12.1989, p.  13 
OJ No L  268, 24.9.1991, p. 56. 
OJ No L  373, 31.12.1990, p.  1. 

-  5 

veterinary  checks on animals entering  the Community  fron^ third  countries 

and amending  Directives  89/662/EEC, 90/425/EEC  and  90/675/2i;C7; 

Whereas the third  paragraph of Article  14 of Directive  89/602/^20 rtatec 

that  the  Council  "shall  determine  the  final  arrangements  applicable  to 

trade  in the products  listed  in Annex  B before  31 December  1991"; 

Whereas  the  fourth  paragraph  of  Article  21  of  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  market8,  as  last  amended 

by  Directive  91/628/EEC^  states  that  the  Council  shall  cacide  on 

inclusion  "in the  scope of Directive  89/662/EEC  and  of this Directive  of 

the  animals  and  products  of  animal  origin  not  covered  by  the  said 

Directives"; 

Whereas Article  21 of Directive  89/662/EEC  states that  the Council  shall 

"determine the  arrangements  applicable  on the expiry  of  the  transitional 

provisions  laid  down  in Article  20": whereas  in this  connection  account 

should  be  taken  of  the  progress  made  in  the  Community,  both  on  setting 

rules  for products  from third  countries  and  on  harmonization  of  control 

measures  for  foot-and-mouth  disease  and  swine  fever  as  embodied  in 

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^,  and  in  Council  Directive  .../.../EEC  of 

amending  Council  Directive  80/217/EEC  introducing  Community  measures  for 

the control of classical  swine  feverll; 

Whereas  given  the  favourable  progress  of  harmonization  on  veterinary 

matters  all  veterinary  checks  at  internal  frontiers  on  animal  products 

should  be discontinued  with  effect  from  1 July  1992, 

OJ No L 268, 24.9.1991, p. 56. 
OJ No L 224, 18.8.1990, p. 29. 
OJ No L  340, 11.12.1991, p. 17. 

7 
8 
9 
10  0J No L 224, 18.8.1990, p. 13. 
11  OJ No L  47, 21.2.1980, p. 11. 

HAS ADOPTED  THIS DIRECTIVE: 

-  6 -

Article  1 

Directive  89/662/EEC  is hereby  amended  as  follows: 

1. 

Article  3(3)  is deleted. 

2. 

In  Article  6(2)  the  date  of  1 January  1993  is  replaced  by 

1  July 1992. 

3. 

In  the  first  subparagraph  of  Article  8(2)  the  words  "Except  in 

cases covered  by the  fourth  subparagraph,"  are  added. 

4. 

In  the  fourth  subparagraph  of  Article  8(2)  the  words  "and  without 

prejudice  to the  aforementioned  rights of  appeal" are  deleted. 

5. 

In  the 

first  paragraph 

of  Article  14  the  words 

"Until 

31 December  1992" are  deleted. 

6. 

In Article  14 the  second  and third  paragraphs  are replaced  by: 

"Member  States  shall  notify  the  Commission  and  the  other  Member 

States  of  the  conditions  and  procedures  applicable  to  trade  in  the 

products  referred  to  in the  first  paragraph." 

7. 

Article  16  is replaced  by the  following: 

"Article  16 

1. 

Member  States  shall  submit  to  the  Commission,  in  harmonized 

form,  basic  information  on  veterinary  checks  carried  out  in 

line with  this Directive. 

2. 

The  Commission  shall  examine  the  information  referred  to  in 

paragraph  1 within  the  Standing  Veterinary  Committee  and  may, 

in  accordance  with  the  procedure  laid  down  in  Article  18, 

adopt  suitable measures. 

-  7 -

3. 

Detailed  rules  for  the  application  of  this  Article,  in 

particular  on  frequency  of  communication  of  information,  the 

form  in which  it  is to  be given  and  its  nature  shall  be  drawn 

up  in accordance with the procedure  laid  down  in Article 18." 

8. 

Article  19(1)  is  deleted. 

9. 

Articles  20  and  21 are  deleted. 

10.  The  following  subparagraph  is added  to Annex  B: 

"Other  products  of  animal  origin  not  covered  by  Annex  A  to  this 

Directive  or  by  Annexes  A  or  B-B  to  Directive  90/42 5 /EEC*.  The 

products  shall  be defined  by the  Commission. 

*OJ No L  224,  18.8.1990, p. 29." 

Article 2 

Member  States  shall  bring  into  force  the  laws,  regulations  and 

administrative  provisions  necessary  to  comply  with  this  Directive  by 

1 July  1992  and  shall  forthwith  inform  the Commission  thereof. 

When  Member  States  adopt  these  provisions,  these  shall  contain  a 

reference to this Directive  or  shall be accompanied  by  such  reference  at 

the  time  of  their  official  publication.  The  procedure  for  such 

reference  shall be  adopted  by Member  States. 

Article 3 

This Directive  is addressed  to the Member  States. 

Done  at Brussels, 

For  the  Council 

The  President 

ISSN 0254-1475 

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