Proposal for a Council Directive repealing Directive 72/462/EEC
Date: 2004-02-09
Institutions: European Commission
Subjects: animal product, health control, import (EU), live animal, meat, meat product, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.2.2004 
COM(2004) 71 final 

2004/0022 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

repealing Directive 72/462/EEC 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

The  animal  health  requirements  for  the  importation  of  meat  and  meat  products  have  been 
recast and updated by Council Directive 2002/99/EC which lays down the animal health rules 
governing  the  production,  processing,  distribution  and  introduction  of  products  of  animal 
origin for human consumption1. This must be formally implemented in Member States by 1 
January 2005. 

The  public  health  requirements  and  official  controls  for  meat  and  meat  products  have  been 
recast and updated by Regulation (EC) yyyy/xxx laying down the specific hygiene rules for 
food of animal origin2. This should be formally implemented in Member States by 1 January 
2006. 

The public health rules concerning those products referred to in 72/462/EEC are superseded 
by the above provisions with effect from 1 January 2006. 

The  remaining  conditions  concerning  the  import  requirements  for  live  animals  are  being 
recast by a proposal, already sent to the Council, for a Directive laying down animal health 
rules for the importation into the Community of certain live animals, and amending Directives 
90/426/EEC  and  92/65/EEC  [COM  (2003)  570].  Therefore  it  is  necessary  to  complete  the 
repeal of Directive 72/462/EEC with regard to the animal health conditions for live animals. 

It is therefore appropriate to repeal Directive 72/462/EEC and some Decisions which are no 
longer relevant. 

However, it is necessary, to provide for certain implementing rules to remain in force pending 
the taking of necessary measures under the new legal framework. 

1 
2 

OJ L 18, 23.1.2003, p. 11. 
COM(2002)377 final (OJ C 262 E, 29.10.2002, p. 449). 

2 

 
 
  
 
                                                 
2004/0022 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

repealing Directive 72/462/EEC 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 37 and 94 thereof, 

Having regard to the proposal from the Commission3 

Having regard to the opinion of the European Parliament4, 

Having regard to the opinion of the European Economic and Social Committee5, 

After consulting the Committee of the Regions6, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty7, 

Whereas: 

(1) 

The  animal  health  rules  for  the  importation  of  meat  and  meat  products  laid  down  in 
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, 
fresh meat or meat products from third countries8 are to be replaced by rules laid down 
in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health 
rules  governing  the  production,  processing,  distribution  and  introduction  of  products 
of animal origin for human consumption.9 That Directive is to apply from 1 January 
2005, at the latest. 

3  
4 
5 
6 
7 

8 

9 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
Opinion  of  the  European  Parliament  of  ……….  2003  (not  yet  published  in  the  Official  Journal), 
Council Common Position of ……….. (not yet published in the Official Journal) and Decision of the 
European Parliament of ………………… (not yet published in the Official Journal). 
OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 
16.5.2003, p. 36.). 
OJ L 18, 23.1.2003, p. 11. 

3 

 
 
  
 
                                                 
(2) 

(3) 

(4) 

(5) 

(6) 

The rules on public health and official controls for meat and meat products laid down 
in Directive 72/462/EEC have been updated by Council Regulation (EC) No yyyy/xxx 
laying down the specific hygiene rules for food of animal origin,10 which is intended 
to apply from 1 January 2006, at the latest. 

The  provisions  laid  down  in  that  Regulation  are  to  supersede  the  public  health  rules 
concerning  meat  and  meat  products  laid  down  in  Directive  72/462/EEC  with  effect 
from 1 January 2006. 

The  remaining  rules  laid  down  in  Directive  72/462/EEC  concerning  the  import 
requirements for live animals are being replaced by Council Directive xxx/yyyy/EC11 
laying down animal health rules for the importation into the Community of certain live 
ungulate  animals,  and  amending  Directives  90/426/EEC  and  92/65/EEC  with  effect 
from xx/mm/yyyy. 

In  the  interest  of  clarity  of  Community  rules,  when  Directives  2002/99/EC  and 
…/…/EC9 and Regulation (EC) No…8 replacing the provisions laid down in Directive 
72/462/EEC become applicable, that Directive should be repealed. 

It is necessary however, in the interest of clarity of Community legislation, to repeal 
certain  Decisions  that  are  no  longer  applicable  and  at  the  same  time  to  provide  for 
certain  implementing  rules  to  remain  in  force  pending  the  taking  of  necessary 
measures under the new legal framework. 

HAS ADOPTED THIS DIRECTIVE: 

Directive 72/462/EEC is repealed with effect from: 

Article 1 

(a) 

(b) 

(c) 

1  January  2005  as  regard  the  animal  health  rules  for  the  importation  of  meat  and 
meat products, 

1 January 2006 as regard the rules on public health and official controls for meat and 
meat products, and 

[insert date of application of Council Directive xxx/yyyy12 expressed as day, month 
and year] as regard animal health rules for the importation of live animals. 

Article 2 

Implementing rules established under Decisions adopted for the import of live animals, meat 
and meat products under Directive 72/462/EEC, as listed in the Annex to this Directive, shall 
remain in force until replaced by measures adopted under the new regulatory framework. 

10 
11 
12 

COM(2002)377 final (OJ C 262 E, 29.10.2002, p. 449). 
COM(2003)570. 
Present proposal. 

4 

 
 
  
 
                                                 
Article 3 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive by [insert the latest date mentioned under Article 1] at 
the latest. They shall forthwith communicate to the Commission the text of those provisions. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made. 

Article 4 

Decisions  78/642/EEC,  80/354/EEC,  80/798/EEC,  80/1300/EEC,  82/813/EEC,  82/814/EEC, 
82/923/EEC,  82/955/EEC,  83/234/EEC,  84/326/EEC,  89/282/EEC  and  90/165/EEC  are 
repealed. 

This  Directive  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 5 

Article 6 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President

5 

 
 
  
 
 
 
ANNEX 

List of Decisions 

2003/56/EC: Commission Decision of 24 January 2003 on health certificates for the importation of live animals 
and animal products from New Zealand (Official Journal L 022, 25/01/2003, p. 0038-0060) 

2002/987/EC: Commission Decision of 13 December 2002 on the list of establishments in the Falkland Islands 
approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  344,  19/12/2002, 
p. 0039-0040) 

2002/477/EC: Commission Decision of 20 June 2002 laying down public health requirements for fresh meat and 
fresh  poultry  meat  imported  from  third  countries,  and  amending  Decision  94/984/EC  (Official  Journal  L  164, 
22/06/2002, p. 0039-0040) 

2001/600/EC: Commission Decision of 17 July 2001 concerning protective measures with regard to imports of 
certain  animals  from  Bulgaria  due  to  an  outbreak  of  bluetongue,  repealing  Decision  1999/542/EC,  amending 
Decision  98/372/EC  concerning  the  animal  health  conditions  and  veterinary  certifications  for  import  of  live 
animals  of  bovine  and  swine  species  from  certain  European  countries  to  take  into  account  some  aspects  in 
relation  with  Bulgaria  and  amending  Decision  97/232/EC  drawing  up  lists  of  third  countries  from  which 
Member States authorise imports of sheep and goats (Official Journal L 210, 03/08/2001, p. 0051-0057) 

2000/159/EC:  Commission  Decision of 8  February 2000 on  the provisional  approval of residue plans of  third 
countries according to Council Directive 96/23/EC (Official Journal L 051, 24/02/2000, p 0030-0036) 

98/8/EC: Commission Decision of 16 December 1997 on the list of establishments in the Federal Republic of 
Yugoslavia  approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  002, 
06/01/1998, p. 0012-0013) 

97/222/EC: Commission Decision of 28 February 1997 laying down the list of third countries from which the 
Member States authorize the importation of meat products (Official Journal L 089, 04/04/1997, p. 0039-0046) 

97/221/EC:  Commission  Decision  of  28  February  1997  laying  down  the  animal  health  conditions  and  model 
veterinary  certificates  in  respect  of  imports  of  meat  products  from  third  countries  and  revoking  Decision 
91/449/EEC (Official Journal L 089, 04/04/1997, p. 0032-0038) 

95/427/EC: Commission Decision of 16 October 1995 on the list of establishments in the Republic of Namibia 
approved for the purpose of importing meat products into the Community (Official Journal L 254, 24/10/1995, 
p. 0028-0029) 

95/45/EC:  Commission  Decision  of  20  February  1995  on  the  list  of  establishments  in  the  former  Yugoslav 
Republic of Macedonia approved for the purpose of importing fresh meat into the Community (Official Journal 
L 051, 08/03/1995, p. 0013-0014) 

94/465/EC: Commission Decision of 12 July 1994 on the list of establishments in Botswana approved for the 
purpose of importing meat products into the Community (Official Journal L 190, 26/07/1994, p. 0025-0025) 

94/40/EC: Commission Decision of 25 January 1994 on the list of establishments in Zimbabwe approved for the 
purpose of importing meat products into the Community (Official Journal L 022, 27/01/1994, p. 0050-0050) 

93/158/EEC: Council Decision of 26 October 1992 concerning the conclusion of an Agreement in the form of 
an exchange of letters between the European Economic Comunity and the United States of America concerning 
the application of the Community third country Directive, Council Directive 72/462/EEC, and the corresponding 
United  States  of  America  regulatory  requirements  with  respect  to  trade  in  fresh  bovine  and  porcine  meat 
(Official Journal L 068, 19/03/1993, p 0001-0002) 

93/26/EEC: Commission Decision of 11 December 1992 on the list of establishments in the Republic of Croatia 
approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  016,  25/01/1993, 
p. 0024-0025) 

6 

 
 
  
 
90/432/EEC: Commission Decision of 30 July 1990 on the list of establishments in Namibia approved for the 
purpose of importing fresh meat into the Community (Official Journal L 223, 18/08/1990, p. 0019-0020) 

90/13/EEC:  Commission  Decision  of  20  December  1989  on  the  procedure  to  be  followed  for  amending  or 
supplementing  the  lists  of  establishments  approved  in  third  countries  for  the  import  of  fresh  meat  into  the 
Community (Official Journal L 008, 11/01/1990, p. 0070) 

87/431/EEC: Commission Decision of 28 July 1987 on the list of establishments in the Kingdom of Swaziland 
approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  228,  15/08/1987, 
p. 0053) 

87/424/EEC: Commission Decision of 14 July 1987 on the list of establishments in the United Mexican States 
approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  228,  15/08/1987, 
p. 0043-0044) 

87/258/EEC: Commission Decision of 28 April 1987 on the list of establishments in Canada approved for the 
purpose of importing fresh meat into the Community (Official Journal L 121, 09/05/1987, p. 0050) 

87/257/EEC:  Commission  Decision  of  28  April  1987  on  the  list  of  establishments  in  the  United  States  of 
America  approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  121, 
09/05/1987, p. 0046-0049) 

87/124/EEC: Commission Decision of 19 January 1987 on the list of establishments in Chile approved for the 
purpose of importing fresh meat into the Community (Official Journal L 051, 20/02/1987, p. 0041-0042) 

86/474/EEC: Commission Decision of 11 September 1986 on the implementation of the on-the-spot inspections 
to  be  carried  out  in  respect of  the  importation of  bovine  animals  and  swine  and  fresh meat  from  non-member 
countries (Official Journal L 279, 30/09/1986, p. 0055-0056) 

86/65/EEC: Commission Decision of 13 February 1986 on the list of establishments in Morocco approved for 
the purpose of importing fresh meat into the Community (Official Journal L 072, 15/03/1986, p. 0040-0041) 

85/539/EEC: Commission Decision of 29 November 1985 on the list of establishments in Greenland approved 
for the purpose of importing fresh meat into the Community (Official Journal L 334, 12/12/1985, p. 0025-0026) 

84/24/EEC: Commission Decision of 23 December 1983 on the list of establishments in Iceland approved for 
the purposes of importing fresh meat into the Community (Official Journal L 020, 25/01/1984, p. 0021-0022) 

83/423/EEC: Commission Decision of 29 July 1983 on the list of establishments in the Republic of Paraguay 
approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  238,  27/08/1983, 
p. 0039-0040) 

83/402/EEC: Commission Decision of 29 July 1983 on the list of establishments in New Zealand approved for 
the purposes of importing fresh meat into the Community (Official Journal L 233, 24/08/1983, p. 0024-0028) 

83/384/EEC: Commission Decision of 29 July 1983 on the list of establishments in Australia approved for the 
purposes of importing fresh meat into the Community (Official Journal L 222, 13/08/1983, p. 0036-0039) 

83/243/EEC: Commission Decision of 10 May 1983 on the list of establishments in the Republic of Botswana 
approved  for  the  purposes  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  129,  19/05/1983, 
p. 0070-0071) 

83/218/EEC: Commission Decision of 22 April 1983 on the list of establishments in the Socialist Republic of 
Romania  approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal  L  121, 
07/05/1983, p. 0023-0025) 

82/923/EEC:  Commission  Decision  of  17  December  1982  concerning  the  establishments  in  the  Republic  of 
Guatemala  from  which  Member  States  may  authorize  the  importation  of  fresh  meat  (Official  Journal  L  381, 
31/12/1982, p. 0040-0040) 

7 

 
 
  
 
82/913/EEC: Commission Decision of 16 December 1982 on the list of establishments in the Republic of South 
Africa  and  Namibia  approved  for  the  purpose  of  importing  fresh  meat  into  the  Community  (Official  Journal 
L 381, 31/12/1982, p. 0028-0029) 

82/735/EEC:  Council  Decision  of  18  October  1982  on  the  list  of  establishments  in  the  People's  Republic  of 
Bulgaria  approved  for  the  purposes  of  exporting  fresh  meat  to  the  Community  (Official  Journal  L  311, 
08/11/1982, p. 0016-0017) 

82/734/EEC:  Council  Decision  of  18  October  1982  on  the  list  of  establishments  in  the  Swiss  Confederation 
approved  for  the  purposes  of  exporting  fresh  meat  to  the  Community  (Official  Journal  L  311,  08/11/1982, 
p. 0013-0015) 

81/713/EEC: Commission Decision of 28 July 1981 on the list of establishments in the Federative Republic of 
Brazil  approved  for  the  purpose  of  importing  fresh  beef  and  veal  and  meat  of  domestic  solipeds  into  the 
Community (Official Journal L 257, 10/09/1981, p. 0028-0031) 

81/92/EEC: Commission Decision of 30 January 1981 on the list of establishments in the Republic of Uruguay 
approved for the purposes of the importation of fresh beef and veal, sheep meat and meat of domestic solipeds 
into the Community (Official Journal L 058, 05/03/1981, p. 0043-0045) 

81/91/EEC: Commission Decision of 30 January 1981 on the list of establishments in the Argentine Republic 
approved for the purposes of the importation of fresh beef and veal, sheep meat and meat of domestic solipeds 
into the Community (Official Journal L 058, 05/03/1981, p. 0039-0042) 

79/542/EEC:  Council  Decision  of  21  December  1976  drawing  up  a  list  of  third  countries  or  parts  of  third 
countries, and laying down the animal and public health, and veterinary certification conditions, for importation 
into  the  Community  of  certain  live  animals  and  their  fresh  meat.  (Official  Journal  L 146,  14/06/1979,  p. 
0015-0017) 

78/685/EEC: Commission Decision of 26 July 1978 establishing a list of epizootic diseases in accordance with 
Directive 72/462/EEC (Official Journal L 227, 18/08/1978, p. 0032-0033). 

8