Proposal for a COUNCIL DIRECTIVE amending Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC
Date: 1996-07-24
Institutions: European Commission
Subjects: animal disease, health control, health risk, import (EU), public health

_»_  lîr  .v 

1  COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 24.07.1996 
COM(96)  393  final 

96/0197  (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Council Directive 92/118/EEC 

of 17 December 1992 laying down animal health and public health requirements governing 

trade in and imports into the Community of products not subject to the said requirements 

laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC 

and, as regards pathogens, to Directive 90/425/EEC 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

On 17 December  1992 the Council adopted Directive 92/118/EEC laying down animal health 
and public health requirements governing trade in and imports into the Community of products 
not  subject  to  the  said  requirements  laid  down  in  specific  Community  rules  referred  to  in 
Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 907425/EEC(1), 
as last amended  by Decision 95/103/EC(2). 

Directive 92/118/EEC provides for the drawing  up of lists of third country establishments  for 
imports  of products covered by the Directive. In the light of experience  on animal and public 
health protection, such lists are not warranted for certain products such as ungulate hides and 
skins, bones and bone products  not for animal or human consumption, apiculture  products, 
game  trophies,  slurry,  wools,  feathers  and  honey.  With  a  view  to  simplification,  the 
requirement  to draw  up such lists should be abolished. 

In the case  of certain  other  products,  it is proposed that the requirement  to draw  up lists of 
establishments for third countries whose entire production satisifies Community  requirements 
should also be waived. 

It is also proposed to delegate to the Commission (after receiving the opinion of the Standing 
Veterinary Committee) the task of drawing up the health rules applying to meat of species not 
covered  by specific  requirements,  reptile  meat  in  particular. 

The  planned  measure  is  the  exclusive  responsibility  of  the  Community.  It  falls  within  the 
adjustment of the existing rules and regulations  and simplifies certain provisions on imports. 
The Member  States are not expected to have any difficulty in transposing it into national law. 

The  proposal  has no impact  on the Community  budget. 

(1)  OJ No L 62,  15.3.1993, p. 49. 
(2)  O J N o L 2 4,  31.1.1996,  p. 28. 

Proposal for a 

COUNCIL  DIRECTIVE 

amending  Council Directive  92/118/EEC 

of  17 December  1992 laying down animal  health and public  health  requirements  governing 

trade  in and imports  into the Community  of products  not subject to the said  requirements 

laid down in specific Community  rules  referred  to in Annex A (I) to  Directive  89/662/EEC 

and, as regards  pathogens, to Directive  90/425/EEC 

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, 

Having regard to the opinion of the  European  Parliament, 

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

Whereas Council Directive 92/118/EEC of 17 December  1992 laying down animal health and 

public health requirements governing trade in and imports into the Community of products not 

subject to the said requirements  laid down in specific  Community  rules referred  to in Annex 
A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), as last 
amended by Commission Decision 96/103/EC(2) provides for the drawing up of Commmunity 

lists  of establishments  for which the competent  authority  in the third  country  has  given the 

Community  guarantees  that  the  establishments  in  question  comply  with  Community 

requirements; 

(1)  OJ No L 62,  15.3.1993, p. 49. 
(2) OJ No L 24, 31.1.1996, p. 28. 

l ev 

Whereas,  by virtue  of the  conditions  under  which  the  products  are  produced  and their  lack 

of effect on human or animal health, the preparation  of such lists is not warranted for products 

such  as  ungulate  skins  and  hides,  bones,  horns,  hooves  and  products  thereof,  apiculture 

products,  game  trophies,  manure,  wool,  hair,  bristles  and  feathers  listed  respectively  in 

Chapters  3,  5(B),  12,  13,  14 and  15,  and honey; whereas  it is enough that the  establishment 

has  been  registered  by the  compentent  authority  in the  third  country; 

Whereas  for  the  other  products  covered  by  Directive  92/118/EEC  the  same  establishment 

registration  scheme  should  be  laid  down  for  certain  third  countries  whose  entire  production 

complies  with  Community  requirements; 

Whereas,  because the meat of reptiles and species not covered by specific requirements  and 

products derived from them are  being consumed  in the Community,  health conditions should 

be  laid  down  on  the  production,  placing  on  the  market  and  importation  of  these  animal 

products. 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article  1 

Directive  92/118/EEC  is amended  as follows: 

1.  Article  10(2)(b)  is replaced  by the following: 

"(b) 

- 

except for  honey  and the  products  referred  to in Chapters  3,  5(B),  12,  13,  14, 

15 of Annex  I, they must come from an establishment that has been  registered 

by the  competent  authority  in the third  country; 

- 

in the  case  of products  other than those  referred  to  in the  above  indent,  they 

must  come  from  an  establishment  on  a  Community  list  to  be  drawn  up  in 

accordance  with the  procedure  provided  for  in Article  18. 

This  condition  is  not  required,  however,  for  products  from  a  third  country 

appearing  on a  list to be drawn  up in accordance  with the procedure  provided 

for  in Article  18.  For  a  product  to  appear  on  that  list,  all  the  establishments 

located in the third country  in question must comply with Community  rules and 

regulations  on  the  product  concerned,  and  be  registered  by  the  competent 

authorities  of the  third  country." 

2.  Article  10(3)(b)  is deleted. 

3. 

In the first sentence in Annex  II Chapter 2 the words "Before  1 January  1994" are deleted. 

4.  The  following  indent  is added  in Annex  II  Chapter  2: 

"- 

the production, placing on the market  and importation  of meat  of species not covered 

by specific requirements,  and in particular reptile meat and products thereof,  intended 

for  human  consumption." 

Article  2 

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

necessary  to comply with this Directive  by 1 July  1996.  They  shall notify the  Commission 

immediately  thereof. 

The  provisions  adopted  pursuant  to  this  paragraph  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 the  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  on the day  of its publication  in the  Official Journal  of the 

European  Communities. 

Article  4 

This  Directive  is addressed  to the  Member  States. 

Done  at  Brussels, 

for the  Council 

The  President 

ISSN 0254-1475 

COM(96) 393 final 

DOCUMENTS 

EN 

05  03 

Catalogue  number  :  CB-CO-96-388-EN-C 

ISBN 92^78-07435-7 

Office for Official  Publications of the European Communities 

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