Proposal for a COUNCIL DIRECTIVE amending Directive 92/117/EEC concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications
Date: 1995-10-23
Institutions: European Commission
Subjects: animal disease, exchange of information, food inspection, health legislation, research body, veterinary legislation

COMMISSION OF THE EUROPEAN  COMMUNITIES 

it 

it 

Brussels,  23  10.1995 
COM(95)491  final 

95/0255  (CNS) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending  Directive  92/117/EEC  concerning  measures  for  protection  against  specified 

zoonoses  and  specified  zoonotic  agents  in animals  and products  of  animal  origin  in order 

to  prevent  outbreaks  of  food-borne  infections  and  intoxications 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1 
Council  Directive  92/117/EEC  concerning  measures  for  protection  against  specified 
zoonoses  and  specified  zoonotic  agents  in  animals  and  products  of  animal  origin  in  order  to 
infections  and  intoxications'  provides  mainly  for  the 
prevent  outbreaks  of  food-borne 
following: 

i) 

ii) 

iii) 

iv) 

the collection  of epidemiological  information  and  yearly  reporting by  Member 
States  to  the  Commission  on  the  trends  and  sources  of  zoonotic  infections; 

an obligation on Member  States to submit the national measures they are taking 
to achieve the objectives  of the Directive and their plans with regard  salmonella 
in  fowl  to  the  Commission.  The  latter  plans  must  be  in  accordance  with  the 
criteria  laid  down  in Annexes  II and  III of the Directive  and  must  comply  with 
the minimum  requirements  of Annex  III (monitoring  and control  of  salmonella 
in  poultry  breeding  flocks); 

the possibility  of a Community  financial  contribution  for slaughter,  destruction, 
official  monitoring  and  for 
in 
accordance  with  Council  Decision  90/424/EEC; 

the  Community  Reference  Laboratories 

an  obligation  on  third  countries  to  present  a  plan  providing  details  of  the 
guarantees  afforded  as  regards  inspections  for  zoonoses  and  zoonotic  agents. 
In  the  absence  of  a  Commission  decision  approving  the  latter  plans,  imports 
from  these  third  countries  shall  be  suspended. 

The  Directive  sought  to  establish  a  reliable  reporting  system  on  the  incidence  of  zoonoses 
generally,  and  to  monitor,  control  and  ultimately  eradicate  some  invasive  serotypes  of 
salmonella  in  poultry  breeding  flocks.  It  was  recognised  that  the  prevention  of zoonoses  was 
a complex  question  and  that  further  measures, for example  in relation  to laying  flocks,  as well 
as  measures  beyond  the  production  stage,  would  be  necessary  to  bring  the  problem  under 
control. 

OJ N°  L 62,  15.3.1993, p. 38 

I 

II 
The  control  and  prevention  of  zoonoses  becomes  more  and  more  important.  In 
addition  to  Council  Directive  92/117/EEC  as such,  several  Directives  engage  the  Community 
to  lay down  additional  provisions, especially  with  regard  to salmonella. This commitment  was 
reinforced  during  the  negotiations  for  the  accession  of  Finland  and  Sweden.  In  this  respect 
reference  should  be  made  in  particular  for  fresh  meat  to  Article  5,  paragraph  3  of  Council 
Directive  64/433/EEC2,  for  fresh  poultrymeat  to  article  5,  paragraph  3  of  Council  Directive 
71/118/EEC3,  and  for  life  poultry  to  Articles  9a,  9b  and 
\0h  of  Council  Directive 
90/539/EEC4,  and  for  eggs  for  human  consumption  to  Annex  II,  Chapter  2  first  indent  of 
Council  Directive  92/118/EEC5.  Moreover,  in  accordance  with  article  129  of the  Treaty,  the 
Community  must  contribute  towards  ensuring  a  high  level  of  human  health  protection. 

Furthermore  the  experience  of  the  implementation  of  the  provisions  of  Directive 
III 
92/117/EEC shows that some of the date limits prescribed  for measures by Member  States and 
by  third  countries  were  over-optimistic, and  that  certain technical  provisions  of the  Directive 
need  to  be  re-examined. 

IV 
Accordingly,  it  is  considered  appropriate  to  carry  out  a  wider  review  of  the  further 
measures  needed  at  Community  level  to  prevent  zoonoses  posing  a  threat  to  human  health, 
which  will  include  also  the technical  aspects  mentioned.  Having  regard  to  the complexity  of 
the  issues to be examined, this review  is expected  to take upwards of  18 months.  Meanwhile, 
it  is  proposed  to  extend  certain  date  limits  prescribed  in  the  Directive  in  relation  to: 

the  provisions  concerning  new  rules  for  the  reporting  system  for  zoonosis 
the  establishment  of  methods  for  collecting  samples  and  for  carrying  out 
examinations 
the implementation  and the approval of certain national measures, and presentation  and 
approval  of  plans  from  third  countries. 

2 

OJ N°  121, 29.7.1964, p. 2012/64 

3  OJN°  L55,  8.3.1971, p. 23 
4  OJN°  L303,  31.10.1990, p. 6 
5  OJN°  L62,  15.3.1993, P. 49 

Proposal 

for a 

Council  Directive 

of 

amending  Directive  92/117/EEC concerning  measures  for  protection  against  specified 

zoonoses  and  specified  zoonotic  agents  in animals  and  products  of animal  origin  in order 

to prevent  outbreaks  of food-borne  infections  and  intoxications 

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  Commission1, 

Having  regard  to the opinion  of the  European  Parliament2, 

Having  regard  to the opinion  of the Economic  and  Social  Committee3, 

Whereas in the light of the experience acquired and the importance accorded to the prevention 
and control  of zoonoses it is necessary  to carry out a substantial  review of the provisions of 
Council  Directive  92/117/EEC  of  17  December  1992  concerning  measures  for  protection 
against  specified  zoonoses and  specified  zoonotic  agents in animals  and products of  animal 
origin in order to prevent  outbreaks of food-borne  infections  and intoxications4, as amended 
by the Act  of Accession  of Austria, Finland  and  Sweden; 

1  OJ N° C 
2  OJ N° C 
3  OJ N° C 

O J N°  L 6 2,  15.3.1993, p.  38 

H 

Whereas, pending this substantial  review of directive 92/117/EEC, it is appropriate to  provide 

for  a report  on the  provisions  concerning  new  rules  for  the reporting  system  of zoonoses,  the 

establishment  of  methods  for  collecting  samples  and  carrying  out  examinations,  on  the 

implementation  and  approval  of  certain  national  measures,  and  on  plans  to  be  submitted  by 

third  countries, 

HAS  ADOPTED  THIS  DIRECTIVE  : 

Article 1 

Directive  92/117/EEC  is  amended  as  follows: 

1. 

Article  5  (3)  is  deleted. 

2. 

In  Article  6,  point  b), the  words  "In the  case  of  salmonella  this  shall  be  done  before 
the  date  laid  down  in  Article  17;M  are  deleted. 

3. 

Article  8  is  amended  as  follows: 

(a)  In  paragraph  1,  "1  October  1993"  is  replaced  by  "1  October  1997", 

(b)  In  paragraph  2,  "1  January  1994"  is  replaced  by  "1  January  1998", 

(c)  In  the  first  indent  of  paragraph  3, the  words  "not  later  than  six  months  after 

their  submission"  are  deleted. 

4. 

Article  10  is  amended  as  follows: 

(a)  In  the  first  subparagraph  of  paragraph  1,  "1  January  1994"  is  replaced  by 

"1  January  1998", 

(b)  In  the  second  subparagraph  of  paragraph  1,  "1  January  1994"  is  replaced  by 

"1  January  1998", 

(c)  The  third  and  fourth  subparagraphs  of  paragraph  1 are  deleted, 

(d)  Paragraph  2  is  deleted. 

5. 

In  Article  14  (2),  "31  December  1995"  is  replaced  by  "31  December  1998". 

6. 

In  Article  15,  the  second  paragraph  is  deleted. 

r 

he  following  Article  15a  is  inserted: 

"Article  15a 

1. 

The Commission  shall,  before  1 October  1997, submit  a  report  to  the  Council  and  to 

the  European  Parliament  concerning  the  measures  to be  implemented  for  the  control  and  the 

prevention  of  zoonoses.  This  report  shall  refer  in  particular  to  new  rules  for  the  reporting 

system  of  zoonoses,  the  control  of  salmonella  in  poultry  laying  flocks,  measures  to  combat 

zoonosis other than  Salmonellosis and the control of salmonella  in poultry  breeding flocks  and 

in  compound  feedingstuffs  for  poultry. 

2. 

The  report  referred  to  in paragraph  1 shall  be  accompanied  by  appropriate  proposals 

concerning  zoonoses,  especially  in  the  context  of  amendments  of  this  Directive." 

Article  2 

1. 

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

necessary  to  comply  with  this  Directive  not  later  than  31  December  1995.  They  shall 

immediately  inform  the  Commission  thereof. 

When  Member  States  adopt  these  measures,  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. 

2. 

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  provisions  of 

national  law  which  they  adopt  in  the  field  covered  by  this  Directive. 

Article  3 

This Directive  shall enter  into force from  the third day following  its publication  in the  Official 
Journal  of  the  European  Communities. 

<r 

This  Directive  is addressed  to the  Member States. 

Article 4 

Done at  Brussels 

For  the Council 
The President 

? 

ISSN 0254-1475 

COM(95) 491 final 

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