Council Directive 1999/89/EC of 15 November 1999 amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat
Date: 1999-11-15
Institutions: Council of the European Union
Subjects: fresh meat, import, intra-EU trade, poultrymeat, third country

23. 11. 1999

EN

Official Journal of the European Communities

L 300/17

COUNCIL DIRECTIVE 1999/89/EC

of 15 November 1999

amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in
and imports from third countries of fresh poultrymeat

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community, and in particular Article 37 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:

(1)

(2)

(3)

(4)

(5)

lays down the rules

fresh poultry meat (4)

Article 3A(1) of Council Directive 91/494/EEC of 26
June 1991 on animal health conditions governing intra-
Community trade in, and imports from third countries
for
of
Newcastle disease vaccination for flocks of origin of
poultry meat destined for Member States or regions of
Member States, the status of which has been recognised
in accordance with Article 12(2) of Council Directive
90/539/EEC of 15 October 1990 on animal health
conditions governing intra-Community trade in and
imports from third countries of poultry and hatching
eggs (5);

Commission Decision 93/152/EEC of 8 February 1993
laying down the criteria for vaccines to be used against
Newcastle disease in the context of routine vaccinations
programmes (6) applies from 1 January 1995;

It is appropriate, as a result, to amend Directive 91/
494/EEC and in particular Article 3A thereof;

It is appropriate to amend the trading rules as applied to
third countries by introducing the possibility to draw up
supplementary rules for imports of poultry meat, which
offer animal health guarantees at
to
those laid down in Chapter II of Directive 91/494/EEC;

least equivalent

is appropriate, moreover,

It
to amend Directive 91/
494/EEC in order to take account of the provisions of
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (7),

(1) OJ C 15, 20.1.1996, p. 15.
(2) OJ C 261, 9.9.1996, p. 188.
(3) OJ C 153, 28.5.1996, p. 46.
(4) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Council

Directive 93/121/EEC (OJ L 340, 31.12.1993, p. 39).

(5) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 1994

Act of Accession.

(6) OJ L 59, 12.3.1993, p. 35.
(7) OJ L 184, 17.7.1999, p. 23.

Article 1

Directive 91/494/EEC is hereby amended as follows:

1. Article 3A(1) shall be replaced by the following:

‘1. has been held in the Community territory since hatching
or has been imported from third countries in accordance
with the requirements of Chapter III of Directive 90/
539/EEC.’

2. Article 3A(6) shall be deleted;

3. the following Article shall be inserted:

‘Article 14a

Notwithstanding Articles 8, 10, 11, 12, 13 and 14, the
in accordance with the procedure laid
Commission may,
down in Article 18, decide to permit on a case-by case basis
the importation of fresh poultry meat from third countries
where such imports do not conform with Articles 8, 10, 11,
12, 13 and 14. Detailed rules for such importation shall be
drawn up at the same time by the same procedure. Such
shall offer animal health guarantees at least equivalent to the
animal health guarantees offered by Chapter II of
this
Directive.’

4. Article 17 shall be replaced by the follwing:

‘Article 17

The Commission shall be assisted by the Standing
1.
Veterinary Committee
68/
established
361/EEC (*), composed of representatives of the Member
States and chaired by the representative of the Commission.

by Decision

2.
The representative of the Commission 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. The opinion shall be delivered by
the majority laid down in Article 205(2) of the Treaty in the
case of decisions which the Council is required to adopt on
a proposal from the Commission. The votes of the represen-
tatives of the Member States within the Committee shall be
weighted in the manner set out
in that Article. The
chairman shall not vote.

3.
The Commission shall adopt the measures envisaged if
they are in accordance with the opinion of the Committee.

L 300/18

EN

Official Journal of the European Communities

23. 11. 1999

If the measures envisaged are not in accordance with
4.
the opinion of the Committee, or if no opinion is delivered,
the Commission shall, without delay, submit to the Council
a proposal relating to the measures to be taken.

The Council, acting by qualified majority shall act on

5.
the proposal within 15 days of the referral.

If, within that period, the Council
indicates by qualified
majority that it opposes the proposal, the Commission shall
reconsider it. It may present an amended proposal to the
Council, re-submit the same proposal or present a legislative
proposal on the basis of the Treaty.

If the Council has not adopted the proposal implementing
measures or has not
indicated its opposition to the
proposed implementing measures by the expiry of the time
limit, they shall be adopted by the Commission.

(*) OJ L 255, 18.10.1968, p. 23;’.

5. Article 18 shall be replaced by the following:

‘Article 18

The Commission shall be assisted by the Standing
1.
established
68/
Veterinary Committee
the Member
representatives of
361/EEC, composed of
States and chaired by the representative of the Commis-
sion.

by Decision

2.
The representative of the Commission shall submit
to the Committee a draft of the measures to be taken.
its opinion on the draft
The Committee shall deliver
within a time limit which the chairman may lay down
according to the urgency of the matter. The opinion shall
be delivered by the majority laid down in Article 205(2)
the Treaty in the case of decisions for which the
of
from the
Council
Commission. The votes of
the
Member States within the Committee shall be weighted in
the manner set out in that Article. The chairman shall
not vote.

is required to adopt on a proposal

the representatives of

The Commission shall adopt the measures envisaged
the

they are in accordance with the opinion of

3.
if
Committee.

If

the measures envisaged are not

in accordance
4.
with the opinion of the Committee, or if no opinion is
delivered, the Commission shall, without delay, submit to
the Council a proposal relating to the meaures to be
taken.

The Council, acting by qualified majority shall act

5.
on the proposal within three months of the referrral.

it opposes the proposal,

indicates by qualified
If, within that period, the Council
majority that
the Commission
shall reconsider it. It may present an amended proposal
to the Council, re-submit the same proposal or present a
legislative proposal on the basis of the Treaty.

If
the Council has not adopted the proposed imple-
menting measures or has not indicated its opposition to
the proposed implementing measures by the expiry of the
they shall be adopted by the Commission.’
time limit,

6. the Annex shall be deleted.

Article 2

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 1 July 2000. They shall
forthwith
inform the Commission thereof.

adopt

When Member States
they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publica-
tion. The methods of making such a reference shall be laid
down by the Member States.

these measures

2. Member States shall communicate to the Commission
the texts of the provisions of national law which they adopt
in the field governed by this Directive.

Article 3

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 15 November 1999.

For the Council

The President

K. HEMILÄ