Proposal for a COUNCIL DECISION establishing rules for the recognition of third country health and veterinary inspection measures for fresh meat and meat products as equivalent to those applied to Community production, and for the conditions to be met for importation into the Community and amending Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries
Date: 1994-09-20
Institutions: European Commission
Subjects: health control, health legislation, marketing standard, meat, meat product, offal

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(94)  394  final 

Brussels,  20.09.1994 

94/0208  (CNS) 

Proposal  for  a 
COUNCIL  DECISION 
establishing  rules  for  the  recognition  of  third  country  health  and  veterinary  inspection  measures 
for  fresh  meat  and  meat  products  as  equivalent  to  those  applied  to  Community  production, 
and  for  the  conditions  to  be  met  for  importation  into  the  Community  and  amending 
Council  Directive  72/462/EEC  on  health  and  veterinary  inspection  problems  upon 
importation  of  bovine,  ovine  and  caprine  animals  and  swine,  fresh  meat  and 
meat  products  from  third  countries 

(presented  by  the  Commission) 

A 

EXPLANATORY  MEMORANDUM 

Community  legislation  concerning  the  conditions  for  the  import  of  animal 
products  from  third  countries  already  provides  for  the  possibility  of 
recognising  the  equivalence  of  a  third  country's  health  and  veterinary 
inspection requirements except for fresh meat and meat products. 

This proposal would establish the possibility to recognise the equivalence of 
a third country' s health and veterinary inspection measures for fresh meat and 
meat products.  It would  therefore  complete  Community  legislation  in  this 
field. 
Measures  are  also  proposed  for  establishing  the  conditions  of 
importation where equivalence is recognised. 

This  proposal  would  also  allow  the  Community  to  meet  its  international 
obligations,  in particular  as  regards  the United  States  of  America  whose 
arrangements  for  fresh meat  have  already  been  recognised  in principle  as 
equivalent. 

With the adoption of this proposal,  it would be necessary to provide for a 
modification  to Council Directive 72/462/EIEC to clarify the  situation. The 
existing provisions of Directive 72/462/EEC would be maintained to cater for 
the majority of the 60 or so third countries from which imports of fresh meat 
are authorised. 

This proposal would have no effect on the Community budget. 

y»a_ 

Proposal  for  a 
Council  Decision 
establishing  rules  for  the recognition  of  third  country 
health and veterinary  inspection measures  for  fresh  m e at 
and meat products  as  equivalent  to those applied  to Community  production, 
an<i for  the  conditions  to be met  for  importation  into  the  Community  and 

amtxnfiiTuj  Council  Directive  72/462/EEC 
an health and veterinary  inspection 
problems  upon  iimportation of bovine, ovine and  caprine  animals  and  swine, 
fresh meat  and meat products  from  third  countries 

THE  COUNCIL  OF THE  EUROPEAN  UNION 

Having  regard  to  the  Treaty  establishing  the  European  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  it is necessary  to establish criteria for the Community to be able  to 
recognise the health  and  veterinary  inspection measures applied  by a  third 
country  for  the  production  of  fresh  meat  or  meat  products  as  offering 
equivalent  health  guarantees  to  that  required by  Community  legislation; 

Whereas  it  is  necessary  to  evaluate  the  operation  of  health  and  veterinary 
inspection measures  applied  by  third  countries, and  to assess  the  guarantees 
the  third  country  concerned  can  provide  on  the  efficacity  of  its  control 
measures,  and  to  take account  of other  relevant  factors,  before  equivalence 
can be  recognised; 

(1) 
(2) 
(3) 

OJ  No. Ii. 
(\J  No.  L. 
OJ  No.  L. 

Whereas  it  is  necessary  to  establish  provisions  on  certification,  the 
management of lists of establishments, and other relevant management, factors; 
whereas these provisions should be applied in all cases where equivalence of 
third country health systems for  animal products has been recognised; 

Whereas the Commission should be entrusted with the task of evaluating and 
recognising the health measures applied by third countries for fresh meat and 
meat  products,  and  determining  the 
provisions  on  certification,  the 
management of lists of establishments and other relevant management  factors, 
within the framework of the Standing Veterinary Committee procedure; 

Whereas  these  provisions  would  allow  the  Ccmmunity  to  fulfill  its 
international obligations, and in particular those set out in Council Decision 
93/158/EEC on the conclusion of negotiations between the European Economic 
Community and the United States of America on the application of Directive 
72/4 62/EEC". 

Whereas  to  clarify  the  situation  as  concerns  the  scope  of  the  different 
regimes applied to the importation of fresh meat and meat products from third 
countries  it  is necessary  to  take account  the  regime  established  by  this 
decision as regards Council Directive 72/462/EEC of 12 December 1972 on health 
and  veterinary  inspection  problems  upon  importation  of  bovine,  ovine  and 
caprine  animals  and  swine  and  fresh  meat  or  meat  products  from  third 
countries'5', as last amended by Council Regulation  (EEC) 1601/92'61. 

HAS ADOPTED THIS DECISION: 

Article 1 

This  Decision  shall  apply  to  imports of  fresh meat  and meat  products, as 
defined  in Article  1 of Council Directive 72/462/EEC,  from third countries 
whose health and veterinary inspection measures provide equivalent guarantees 
to those laid down for the placing on the market in the Community. 

(4) 

(5) 

(6) 

OJ  No.  L  68,  19.03.1993, p.  1. 

OJ  No.  L  302,  31.12.1972, p.  28 

OJ  No.  L  173,  27.06.1992, p.  13 

Article 2 
Recognition of Equivalence 

The Commission may, acting in accordance with the procedure laid down 
in Article 8, recognise the health and veterinary inspection measures 
applied  by  a  third  country  or  a  part  of  a  third  country  for  the 
production  of  fresh  meat  and/or  meat  products  as  providing 
equivalent guarantees to those  applied"  for  the  placing  on  the 
market  in 
the  Community  where  the  third  country  objectively 
demonstrates that its measures provide similar guarantees. 

Equivalence may only be recognised  for  third  countries or parts of 
third countries listed in accordance with Article 3(1) of Directive 
72/462/EEC. 

In assessing the health and veterinary inspection measures operated by 
a third country, the Commission will pay particular attention to: 

a) 

the experience of trade in fresh meat and/or meat products from 
that third country and the result of the import controls carried 
out; 

b) 

the results of Community inspection visits to the third country; 

c) 

the guarantees offered by the third country with regard to the 
application of measures equivalent to those of Annex I of Council 
Directive  64/433/EEC  and  Articles  14-16  and  20  of  Directive 
72/462/EEC; 

d) 

the structure of the veterinary services in the third country and 
their powers; 

e)  the state of health of the livestock, other domestic animals and 
wildlife in the third country, particular account being paid to 
exotic animal diseases and of the environmental health situation 
in the country, which might endanger public or animal health in 
the Community; 

f)  the regularity and rapidity of  the information supplied by the 
third  country  relating  to  the  existence 
of  infectious  or 
contagious animal diseases in its territory, in particular those 
diseases mentioned  in Lists A and B of the International Office 
of Epizootic Diseases; 

g) 

the  third  country's  rules- orr animal  disease  prevention  and 
control ; 

h) 

the organisation and  implementation of measures to prevent  and 
control infectious or contagious diseases ; 

i)  the  third  countries  legislation  on  the  use  of  substances,  in 
particular 
or 
concerning 
authorisation of substances, their distribution, release onto the 
market and the rules covering administration and inspection. 

legislation 

prohibition 

the 

4. 

Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 8. 

Article 3 
Conditions  for  Importation 

1. 

Where the Commission recognises the health and veterinary inspection 
measures of a third country or group of third countries in accordance 
with  Article  2,  the  Commission  shall  at  the  same  time,  and  in 
accordance  with  the  same  procedure,  establish  conditions  for  the 
importation of the fresh meat and/or meat products. 

2. 

The conditions referred to in paragraph 1 shall include: 

a) 

the nature and content of  the health  certificate(s) which must 
accompany the products; 

b)  arrangements for the drawing up and modification of the list of 

establishments from which imports are authorised; 

c) 

specific animal  or public health  requirements  for imports into 
the Community. 

3. 

If necessary, specific conditions for the import of products destined 
for particular  uses  may  be  fixed  in  accordance  with  the  procedure 
provided for in Article 8. 

4. 

Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 8. 

Inspectors  from  the  Commission  and  the  Member  States  shall  carry  out 
inspections  to  verify  whether  the  guarantees  given  by  the  third  country 
regarding  the  conditions  of  production  and  placing  on  the  market  can  be 
considered equivalent to those applied in the Community. 

The experts from the Member States responsible for these inspections shall be 
appointed by the Commission, acting on proposals from the Member States. 

These inspections shall be made on behalf of the Community, which shall bear 
the cost of any expenditure involved. 

Article 5 

The principles and rules laid down  in Council Directive 90/675/EEC'7' shall 
apply, with particular reference to the organisation of and follow-up to the 
inspections to be carried out by the member states and the safeguard measures 
to be implemented. 

Council Directive 72/462/EEC is hereby amended as follows: 

Article 6 

The following Article 32b -is added: 

•Article 32b 

This  Directive  shall  not  apply  to  imports  of  fresh  meat  or  meat 
products  from third countries  for which Commission Decision (s) have 
been  taken in accordance with Articles  2 and  3 of  Council  Decision 
../.../EC-. 

(1)  OJ No. L. . 

(7) 

OJ No. L 373, 31.12.1990, p. 1.  Last amended by Regulation  (EEC) No. 
1601/92. 

Article 7 

The  Commission  shall  be  assisted  by  the  Standing  Veterinary  Committee 
(hereinafter called  'the Committee') set up by Decision 68/36l/EEC(B). 

Article 8 

Where the procedure laid down in this Article is to be followed, the following 
provisions shall be applicable. 

The Commission representative 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, if necessary by taking a vote. 

The opinion shall be recorded in the minutes; in addition each Member State 
shall have the right to ask to have their opinion recorded in the minutes. 

The Commission shall take the utmost account of the opinion delivered by the 
Committee.  It shall inform the Committee of the manner in which its opinion 
has been taken into account. 

This Decision is addressed to the Member States. 

Article 9 

Done at Brussels, 

For the Council 
The President 

OJ No. L 255, 18.10.1968, p. 23. 

BSN0254-M75 

COM(94) 394  final 

DOCUMENTS 

EN 

u  03 

Catalogue number : CB-CO-94-414-EN-C 

ISBN 92-77-80630-3 

Office for Official Publications of the European Communities 
L-2985 Luxembourg