Proposal for a Council Directive concerning veterinary checks in intra-Community trade (Codified version)
Date: 2008-02-22
Institutions: European Commission
Subjects: codification of EU law, intra-EU trade, single market, veterinary inspection, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.2.2008 
COM(2008) 99 final 

2008/0037 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

concerning veterinary checks in intra-Community trade 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 89/662/EEC  of  11  December  1989  concerning  veterinary  checks  in  intra-
Community  trade  with  a  view  to  the  completion  of  the  internal  market3.  The  new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex III, Part A, of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 89/662/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex IV to the codified Directive. 

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(cid:208) 89/662/EEC (adapted) 

2008/0037 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

concerning veterinary checks in intra-Community trade  

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 37 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(1) 

Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in 
intra-Community trade with a view to the completion of the internal market3 has been 
substantially amended several times4. In the interests of clarity and rationality the said 
Directive should be codified. 

(cid:208)  

(2) 

The free movement of agricultural products is a fundamental feature of the common 
organisation of markets and should facilitate the rational development of agricultural 
production and the optimum use of the factors of production. 

(cid:208) 89/662/EEC (adapted) 

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  395,  30.12.1989,  p.  13.  Directive  as  last  amended  by  Directive  2004/41/EC  of  the  European 
Parliament and of the Council (OJ L 157, 30.4.2004, p. 33). 
See Annex III, Part A. 

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(3) 

In  the  veterinary  field  frontiers ⌦ were  previously ⌫  used  for  carrying  out  checks 
aimed at safeguarding public health and animal health. 

(4) 

The  ultimate  aim  is  to  ensure  that  veterinary  checks  are  carried  out  at  the  place  of 
dispatch only. The attainment of this objective implies the harmonisation of the basic 
requirements relating to the safeguarding of public health and animal health. 

(cid:208) 89/662/EEC 

(5)  ⌦ For the purpose of the functioning ⌫ of the internal market, the emphasis should 
be  placed  on  the  checks  to  be  carried  out  at  the  place  of  dispatch  and  in  organising 
those that could be carried out at the place of destination.  

(cid:208) 89/662/EEC (adapted) 

(6) 

(7) 

(8) 

(9) 

(cid:208) 89/662/EEC 

This solution implies increased confidence in the veterinary checks carried out by the 
State of dispatch. The latter must ensure that such veterinary checks are carried out in 
an appropriate manner. 

In the State of destination spot veterinary checks could be carried out at the place of 
destination.  However,  in  the  event  of  a  serious  presumption  of  irregularity,  the 
veterinary check could be carried out while the goods are in transit. 

(cid:208) 89/662/EEC (adapted) 

It  ⌦ should  be ⌫  for  the  Member  States  to  specify  in  a  plan  to  be  submitted  the 
manner in which they intend to carry out the checks ⌦ , ⌫ and these plans should be 
the subject of Community approval. 

Provision ⌦ should ⌫ be made for the action to be taken where a veterinary check 
discloses that the consignment is irregular. In such a situation three possible solutions 
may be singled out: the aim of the first would be to provide for the regularisation of 
incorrect documents, that of the second to avert any danger where it is found that there 
has been an outbreak of an epizootic disease, any new serious and contagious disease 
or  other  cause  likely  to  constitute  a  serious  hazard  to  animals  or  to  human  health, 
while the third would arise where the goods do not satisfy the requirements laid down 
for reasons other than those referred to above. 

(10)  Provision  should  be  made  for  a  procedure  for  resolving  conflicts  which  could  arise 

concerning consignments from an establishment, production centre or undertaking. 

(cid:208) 89/662/EEC 

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(cid:208) 89/662/EEC (adapted) 

(11)  Provision ⌦ should ⌫ be made for protective measures. In this area, especially for 
reasons  of  effectiveness,  responsibility  must  rest  firstly  with  the  Member  State  of 
dispatch. The Commission ⌦ should ⌫ be able to act speedily, in particular by way 
of on-the-spot visits and adopting measures appropriate to the situation. 

(12) 

In order to be effective, the rules laid down by this Directive ⌦ should ⌫ cover all 
goods that are subject in the case of intra-Community trade to veterinary requirements. 

(cid:208) 89/662/EEC Recital 16 
(adapted) 

(13)  ⌦ The  measures  necessary  for  the  implementation  of  this  Directive  should  be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission5. ⌫ 

(14)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex III, Part B, 

(cid:208)  

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 89/662/EEC 
(cid:206)1 2004/41/EC Art. 6 pt. 1 

CHAPTER I 

General provisions 

Article 1 

Member  States  shall  ensure  that  the  veterinary  checks  to  be  carried  out  on  (cid:206)1 products  of 
animal origin  covered by the acts  referred to in Annex I   or  by  Article  12  and  which  are 
intended for trade are no longer carried out, without prejudice to Article 6, at frontiers but are 
carried out in accordance with this Directive. 

5 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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For the purposes of this Directive: 

Article 2 

(1) 

‘veterinary check’ means any physical check and/or administrative formality which 
applies  to  the  products  referred  to  in  Article  1  and  which  is  intended  for  the 
protection, direct or otherwise, of public or animal health; 

(2) 

‘trade’ means trade between Member States in goods within the meaning of Article 
⌦ 23 ⌫ (2) of the Treaty; 

(cid:208) 89/662/EEC (adapted) 

(cid:208) 89/662/EEC 

(3) 

(4) 

(5) 

‘establishment’  means  any  undertaking  which  produces,  stores  or  processes  the 
products referred to in Article 1; 

‘competent  authority’  means  the  central  authority  of  a  Member  State  competent  to 
carry  out  veterinary  checks  or  any  authority  to  which  it  has  delegated  that 
competence; 

‘official  veterinarian’  means  the  veterinarian  appointed  by  the  competent  central 
authority of the Member State. 

CHAPTER II 

Checks at origin 

Article 3 

1. Member States shall ensure that the only products intended for trade are those referred to in 
Article  1  which  have  been  obtained,  checked,  marked  and  labelled  in  accordance  with 
Community  rules  for  the  destination  in  question  and  which  are  accompanied  to  the  final 
consignee mentioned therein by a health certificate, animal-health certificate or by any other 
document provided for by Community veterinary rules. 

The  establishments  of  origin  shall  ensure,  by  constant  self-supervision,  that  such  products 
satisfy the requirements of the first subparagraph. 

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(cid:208) 89/662/EEC (adapted) 

Without  prejudice  to  the  monitoring  duties  assigned  to  the  official  veterinarian  under 
Community  legislation,  the  competent  authority  shall  carry  out  regular  checks  on 
establishments  in  order  to  satisfy  itself  that  products  intended  for  trade  comply  with 
Community  requirements  or,  in  the  cases  referred  to  in  paragraph  3  of  this  Article  and 
⌦ in ⌫ Article 12, with the requirements of the Member State of destination. 

Where  there  are  grounds  for  suspecting  that  requirements  are  not  being  met,  the  competent 
authority  shall  carry  out  the  necessary  checks  and,  if  the  suspicion  is  confirmed,  take  the 
appropriate measures, which may include withdrawing approval. 

(cid:208) 89/662/EEC 

(cid:208) 89/662/EEC (adapted) 

2. Where the transport operation involves several places of destination, products ⌦ shall ⌫ 
be  grouped  together  in  as  many  batches  as  there  are  places  of  destination.  Each  batch 
⌦ shall ⌫ be accompanied by the certificate or document ⌦ referred to in paragraph 1 ⌫. 

Where  the  products  referred  to  in  Article  1  are  intended  for  export  to  a  third  country,  the 
transport operation ⌦ shall ⌫ remain under customs supervision up to the point of exit from 
Community territory. 

3. Member States which make optional imports from certain third countries shall inform the 
Commission and the other Member States of the existence of such imports. 

(cid:208) 89/662/EEC 

Where  products  are  brought  into  Community  territory  by  a  Member  State  other  than  those 
referred to ⌦ in the first subparagraph ⌫, that Member State shall carry out a documentary 
check on the origin and destination of the goods in accordance with Article 6(1). 

(cid:208) 89/662/EEC (adapted) 

Member States of destination shall prohibit the products concerned from being sent on from 
their territory unless they are bound for another Member State using the same option. 

(cid:208) 89/662/EEC 
(cid:206)1 2004/41/EC Art. 6 pt. 1 

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Article 4 

1.  Member  States  of  dispatch  shall  take  the  necessary  measures  to  ensure  that  operators 
comply  with  veterinary  requirements  at  all  stages  of  the  production,  storage,  marketing  and 
transport of the products referred to in Article 1.  

In particular, they shall ensure that: 

(a) 

(b) 

the (cid:206)1 products of animal origin covered by the acts referred to in Annex I  are 
checked in the same way, from a veterinary viewpoint, whether they are intended for 
intra-Community trade or for the national market; 

the  products  covered  by  Annex  II  are  not  dispatched  to  the  territory  of  another 
Member State if they cannot be marketed on their own territory for reasons justified 
by Article ⌦ 30 ⌫ of the Treaty. 

(cid:208) 89/662/EEC (adapted) 

(cid:208) 89/662/EEC 

2.  Member  States  of  dispatch  shall  take  the  appropriate  administrative,  legal  or  penal 
measures  to  penalise  any  infringement  of  veterinary  legislation  by  natural  or  legal  persons 
where it is found  that Community rules have been infringed, in particular where it is found 
that  the  certificates  or  documents  drawn  up  do  not  correspond  to  the  actual  state  of  the 
products or that public health stamps have been affixed to products which do not comply with 
those rules. 

CHAPTER III 

Checks on arrival at the destination 

Article 5 

1. Member States of destination shall implement the following measures: 

(a) 

The competent authority may, at the places of destination of goods, check by means 
of non-discriminatory veterinary spot-checks that the requirements of Article 3 have 
been complied with; it may take samples at the same time. 

Furthermore, where the competent authority of the Member State of transit or of the 
Member  State  of  destination  has  information  leading  it  to  suspect  an  infringement, 
checks may also be carried out during the transport of goods in its territory, including 
checks on compliance as regards the means of transport; 

(b) 

where the products referred to in Article 1 originating in another Member State are 
intended: 

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(i) 

for an establishment placed under the responsibility of an official veterinarian, 
the  latter  must  ensure  that  only  products  which  meet  the  requirements  of 
Article  3(1)  with  respect  to  marking  and  accompanying  documents  or,  in  the 
case  of  the  products  referred  to  in  Annex  II,  which  are  accompanied  by  the 
document stipulated by the rules of the country of destination, are admitted to 
that establishment; 

(cid:208) 89/662/EEC (adapted) 

(ii) 

for an approved intermediary who divides up the batches or for a commercial 
undertaking  with  many  branches,  or  any  establishment  not  subject  to 
permanent supervision, the latter must check, before the batch is divided up or 
marketed,  that  the  marks,  certificate  or  documents  referred  to  in  ⌦ point 
(i) ⌫  are  present  and  notify  the  competent  authority  of  any  irregularity  or 
anomaly; 

(iii)  for other consignees, particularly where the batch is partially unloaded during 
transport, the batch must be accompanied, in accordance with Article 3(1), by 
the original of the certificate referred to in ⌦ point (i) ⌫. 

The guarantees which must be furnished by the consignees referred to in Ö points (ii) 
and  (iii) Õ  shall  be  specified  in  an  agreement  with  the  competent  authority  to  be 
signed  at  the  time  of  the  prior  registration  provided  for  in  paragraph  3.  The 
competent authority shall carry out random checks to verify compliance with those 
guarantees. 

2. Without prejudice to Article 4, where the Community standards laid down by Community 
rules  have  not  been  set  and  in  the  case  provided  for  in  Article  12,  the  Member  State  of 
destination may require that the establishment of origin apply the standards in force under the 
national rules of that Member State. The Member State of origin shall ensure that the product 
in question comply with those requirements. 

(cid:208) 89/662/EEC 

3.  Operators  who  have  products  delivered  to  them  from  another  Member  State  or  who 
completely divide up a batch of such products: 

(a) 

(b) 

shall be subject, if so requested by the competent authority, to prior registration; 

shall keep a register in which such deliveries are recorded; 

(c)  ⌦ shall ⌫  ,  if  so  requested  by  the  competent  authority,  report  the  arrival  of 
products from another Member State, to the extent necessary to carry out the checks 
referred to in paragraph 1; 

(cid:208) 89/662/EEC (adapted) 

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(d)  ⌦ shall ⌫  keep  for  a  period  of  not  less  than  six  months  to  be  specified  by  the 
competent authority, the health certificates or documents referred to in Article 3 for 
presentation to the competent authority should the latter so request. 

4.  The  detailed  rules  for  implementing  this  Article  shall  be  adopted  in  accordance  with  the 
procedure ⌦ referred to ⌫ in Article ⌦ 14(3) ⌫. 

5. The Council, acting on the basis of a Commission report accompanied by any proposals for 
amendments, shall re-examine this Article ⌦ before 1 July 1995 ⌫. 

Article 6 

1. Member States shall ensure that, during the checks carried out at the places where products 
from  a  third  country  may  be  brought  into  the  territories  ⌦ listed ⌫  in  Annex  I  to 
⌦ Council ⌫  Directive  ⌦ 97/78/EC, ⌫6  such  as  ports,  airports  and  border  inspection 
posts with third countries, the following measures are taken: 

(cid:208) 90/675/EEC Art. 28 (adapted) 

(a) 

a documentary check is made on the products' origin; 

(cid:208) 90/675/EEC Art. 28 

(cid:208) 90/675/EEC Art. 28 (adapted) 

(b) 

(c) 

products  originating  in  the  Community  are  subject  to  the  rules  on  checks  provided 
for in Article 5 ⌦ of this Directive ⌫; 

products  from  third  countries  are  subject  to  the  rules  laid  down  in  Directive  
⌦ 97/78/EC ⌫. 

2.  However,  by  way  of  derogation  from  paragraph  1,  all  products  transported  by  regular, 
direct means of transport linking two geographical points of the Community shall be subject 
to the rules of inspection laid down in Article 5. 

(cid:208) 89/662/EEC (adapted) 

6 

⌦ OJ L 24, 30.1.1998, p. 9. ⌫ 

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Article 7 

1.  If,  during  a  check  carried  out  at  the  place  of  destination  of  a  consignment  or  during 
transport,  the  competent  authorities  of  a  Member  State  establish  the  presence  of  agents 
responsible  for  a  disease  named  in  ⌦ Council ⌫  Directive  82/894/EEC7,  a  zoonosis  or 
disease, or any cause likely to constitute a serious  hazard  to  animals  or humans, or that  the 
products  come  from  an  area  infected  by  an  epizootic  disease,  they  shall,  except  as  regards 
animal-health aspects, in the case of products subject to one of the treatments referred to in 
⌦ Annex III  to  Council  Directive  2002/99/EC8  and  in  Part  4  of  Annex  II  to  Commission 
Decision 2005/432/EC9 ⌫,  order  the  batch  to  be  destroyed  or  used  in  any  other  way  laid 
down by Community rules. 

Costs  relating  to  the  destruction  of  the  batch  shall  be  borne  by  the  consignor  or  his 
representative. 

The  competent  authorities  of  the  Member  State  of  destination  shall  immediately  notify  the 
competent  authorities  of  the  other  Member  States  and  the  Commission  ⌦ by  electronic 
means ⌫ of the findings arrived at, the decisions taken and the reasons for such decisions. 

The protective measures provided for in Article 9 may be applied. 

In  addition,  at  the  request  of  a  Member  State  and  in  accordance  with  the  procedure 
⌦ referred  to ⌫  in  Article  ⌦ 14(2) ⌫,  the  Commission  may,  in  order  to  deal  with 
situations not provided for by Community legislation, adopt any measure necessary to arrive 
at a concerted approach by the Member States. 

2.  ⌦ If,  during  a  check  carried  out  at  the  place  of  destination  of  a  consignment  or  during 
transport,  the  competent  authorities  of  a  Member  State  establish ⌫  that  the  goods  do  not 
meet the conditions laid down by Community directives, or, in the absence of decisions on the 
Community  standards  provided  for  by  the  directives,  by  national  standards,  they  may, 
provided  that  health  and  animal-health  considerations  so  permit,  give  the  consignor  or  his 
representative the choice of: 

(a) 

(b) 

destroying the goods; or 

(cid:208) 89/662/EEC 

using the goods for other purposes, including returning them with the authorisation 
of the competent authority of the country of the establishment of origin. 

However, if the certificate or the documents are found to contain irregularities, the consignor 
must be granted a period of grace before recourse is had to this last possibility. 

7 
8 
9 

OJ L 378, 31.12.1982, p. 58. 
OJ L 18, 23.1.2003, p. 11. 
OJ L 151, 14.6.2005, p. 3. 

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3.  In  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article  ⌦ 14(3) ⌫,  the 
Commission shall draw up a list of the agents and diseases referred to in paragraph 1 ⌦ of 
this Article ⌫, and detailed rules for the application of this Article. 

(cid:208) 89/662/EEC (adapted) 

(cid:208) 89/662/EEC 

Article 8 

1.  In  the  cases  provided  for  in  Article  7,  the  competent  authority  of  the  Member  State  of 
destination  shall  contact  the  competent  authorities  of  the  Member  State  of  dispatch  without 
delay.  The  latter  authorities  shall  take  all  necessary  measures  and  notify  the  competent 
authority of the first Member State of the nature of the checks carried out, the decisions taken 
and the reasons for such decisions. 

If  the  authority  of  the  first  Member  State  fears  that  such  measures  are  inadequate,  the 
competent  authorities  of  the  two  Member  States  shall  together  seek  ways  and  means  of 
remedying the situation; if appropriate this may involve an on-the-spot inspection. 

2.  Where  the  checks  provided  for  in  Article  7  show  repeated  irregularities,  the  competent 
authority of the Member State of destination shall inform the Commission and the veterinary 
departments of the other Member States. 

The Commission, at the request of the competent authority of the Member State of destination 
or on its own initiative, and taking into account the nature of the infringements established, 
may: 

(a) 

(b) 

(c) 

send a mission of inspection to the establishment concerned; or 

instruct an official veterinarian, whose name shall be on a list to be prepared by the 
Commission  at  the  suggestion  of  the  Member  States,  and  who  is  acceptable  to  the 
various parties concerned, to check the facts in the establishment concerned; 

request  the  competent  authority  to  intensify  its  sampling  of  the  products  of  the 
establishment concerned. 

It shall inform the Member States of its findings. 

Where  those  measures  are  taken  to  deal  with  repeated  irregularities  on  the  part  of  an 
establishment,  the  Commission  shall  charge  any  expenses  occasioned  by  the  application  of 
⌦ points  (a),  (b)  and  (c) ⌫  of  the  ⌦ second ⌫  subparagraph  to  the  establishment 
involved. 

(cid:208) 89/662/EEC (adapted) 

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Pending the Commission's findings, the Member State of dispatch must, at the request of the 
Member State of destination, intensify checks on products coming from the establishment in 
question  and  ⌦ , ⌫  if  there  are  serious  animal  health  or  public  health  grounds,  suspend 
approval. 

The Member State of destination may, for its part, intensify checks on products coming from 
the same establishment. 

(cid:208) 89/662/EEC 

(cid:208) 89/662/EEC (adapted) 
(cid:206)1 92/67/EEC Art. 1 pt. 2 

3. At the request of one of the two Member States concerned — where the irregularities are 
confirmed by the expert's opinion — the Commission must, in accordance with the procedure 
⌦ referred to ⌫ in Article ⌦ 14(2) ⌫, take the appropriate measures, which may go as far 
as authorising the Member States to prohibit provisionally the bringing into their territory of 
products coming from that establishment. Those measures must be confirmed or reviewed as 
soon as possible in accordance with the procedure ⌦ referred to ⌫ in Article ⌦ 14(2) ⌫. 

4. The general rules for the application of this Article shall be adopted in accordance with the 
procedure ⌦ referred to ⌫ in Article ⌦ 14(3) ⌫. 

5. Rights of appeal existing under the laws in force in the Member States against decisions by 
the  competent  authorities  shall  not  be  affected  by  this  Directive  (cid:206)1 ,  except  in  ⌦ the ⌫ 
case covered by the fourth subparagraph . 

(cid:208) 89/662/EEC 

Decisions  taken  by  the  competent  authority  of  the  State  of  destination  and  the  reasons  for 
such  decisions  shall  be  notified  to  the  consignor  or  his  representative  and  to  the  competent 
authority of the Member State of dispatch. 

If  the  consignor  or  his  representative  so  requests,  the  said  decisions  and  reasons  shall  be 
forwarded  to  him  in  writing  with  details  of  the  rights  of  appeal  which  are  available  to  him 
under the law in force in the Member State of destination and of the procedure and time limits 
applicable. 

However, in the event of a dispute, the two parties concerned may, if they so agree, within a 
maximum  period  of  one  month,  submit  the  dispute  for  the  assessment  of  an  expert  whose 
name appears on a list of Community experts to be drawn up by the Commission; the cost of 
consulting the expert shall be borne by the Community. 

Such experts shall issue their opinions within not more than 72 hours. The parties shall abide 
by the expert's opinion, with due regard for Community veterinary legislation. 

6.  The  costs  of  returning  the  consignment,  storing  the  goods,  putting  them  to  other  uses  or 
destroying them shall be borne by the consignee. 

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CHAPTER IV 

Common provisions 

Article 9 

1. Each Member State shall immediately notify the other Member States and the Commission 
of  any  outbreak  in  its  territory,  other  than  an  outbreak  of  diseases  referred  to  in 
Directive 82/894/EEC, of any zoonoses, diseases or other cause likely to constitute a serious 
hazard to animals or to human health. 

The  Member  State  of  origin  shall  immediately  implement  the  control  or  precautionary 
measures provided for in Community rules, in particular the determination of the buffer zones 
provided for in those rules, or adopt any other measure which it deems appropriate. 

The  Member  State  of  destination  or  transit  which,  in  the  course  of  a  check  referred  to  in 
Article 5, has established the existence of one of the diseases or causes referred to in the first 
subparagraph  ⌦ of  this  paragraph ⌫  may,  if  necessary,  take  the  precautionary  measures 
provided for in Community rules. 

(cid:208) 89/662/EEC (adapted) 

(cid:208) 89/662/EEC 

Pending  the  measures  to  be  taken  in  accordance  with  paragraph  4,  the  Member  State  of 
destination may, on serious public or animal-health grounds, take interim protective measures 
with  regard  to  the  establishments  concerned  or,  in  the  case  of  an  epizootic  disease,  with 
regard to the area of protection provided for in Community rules. 

The measures taken by Member States shall be notified to the Commission and to the other 
Member States without delay. 

2. At the request of the Member State referred to in the first subparagraph of paragraph 1 or 
on the initiative of the Commission, one or more Commission representatives may go at once 
to  the  place  concerned  to  examine,  in  collaboration  with  the  competent  authorities,  what 
measures have been taken, and shall issue an opinion on those measures. 

(cid:208) 89/662/EEC (adapted) 

3.  If  the  Commission  has  not  been  informed  of  the  measures  taken,  or  if  it  considers  the 
measures taken to be inadequate, it may, in  collaboration with the Member State concerned 
and  pending  the  meeting  of  the  Committee ⌦ referred  to  in  Article 14(1) ⌫,  take  interim 
protective measures with regard to products from the region affected by the epizootic disease 
or from a given establishment. These measures shall be submitted to ⌦ that ⌫ Committee 

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as soon as possible to be confirmed, amended or cancelled in accordance with the procedure 
⌦ referred to ⌫ in Article ⌦ 14(2) ⌫. 

4. The Commission shall in all cases review the situation in the Committee ⌦ referred to in 
Article  14(1) ⌫  at  the  earliest  opportunity.  It  shall  adopt  the  necessary  measures  for  the 
products referred to in Article 1 and, if the situation so requires, for the originating products 
or products derived from those products in accordance with the procedure ⌦ referred to ⌫ 
in  Article  ⌦ 14(2) ⌫.  The  Commission  shall  monitor  the  situation  and,  by  the  same 
procedure,  shall  amend  or  repeal  the  decisions  taken,  depending  on  how  the  situation 
develops. 

5.  Detailed  rules  for  the  application  of  this  Article,  and  in  particular  the  list  of  zoonoses  or 
causes likely to constitute a serious hazard to human health, shall be adopted in accordance 
with the procedure ⌦ referred to ⌫ in Article ⌦ 14(3) ⌫. 

(cid:208) 89/662/EEC 

Article 10 

Each  Member  State  and  the  Commission  shall  appoint  the  veterinary  department  or 
departments  responsible  for  carrying  out  the  veterinary  checks  and  collaborating  with  the 
other Member States' inspection departments. 

Article 11 

The  Member  States  shall  also  ensure  that  the  officials  of  their  veterinary  departments,  if 
appropriate in collaboration with the officials of other departments empowered to that end, are 
able in particular to: 

(a) 

carry  out  inspections  of  premises,  offices,  laboratories,  installations,  means  of 
transport, plant and equipment, cleaning and maintenance products, procedures used 
for  the  production  and  processing  of  products  and  the  marking  and  labelling  and 
presentation of those products; 

(b) 

carry  out  checks  on  whether  staff  comply  with  the  requirements  laid  down  in  the 
⌦ acts ⌫ referred to in Annex I; 

(cid:208) 89/662/EEC (adapted) 

(c) 

(d) 

EN 

(cid:208) 89/662/EEC 

take  samples  from  products  held  with  a  view  to  being  stored  or  sold,  put  on  the 
market or transported; 

examine documentary or computer material relevant to the checks carried out further 
to the measures taken pursuant to Article 3(1). 

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For  this  purpose,  they  must  receive  from  the  establishments  being  checked  the  cooperation 
necessary for the performance of their duties. 

(cid:208) 89/662/EEC (adapted) 

Article 12 

Trade  in  the  products  ⌦ referred  to ⌫  in  Annex  II  shall,  pending  the  adoption  of 
Community rules, be subject to the rules on control laid down by this Directive, in particular 
those laid down in Article 5(2). 

Member  States  shall  notify  the  Commission  and  the  other  Member  States  of  the  conditions 
and procedures applicable to trade in the products referred to in the first subparagraph. 

(cid:208) 92/67/EEC Art. 1 pt. 5 

(cid:208) 92/67/EEC Art. 1 pt. 6 

Article 13 

1. Member States shall submit to the Commission, in harmonised form, basic information on 
veterinary checks carried out under this Directive. 

(cid:208) 92/67/EEC Art. 1 pt. 6 
(adapted) 

2.  The  Commission  shall  examine  the  information  referred  to  in  paragraph  1  within  the 
Committee  ⌦ referred  to  in  Article  14(1) ⌫;  it  may,  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article ⌦ 14(3) ⌫, adopt suitable measures. 

3. Detailed rules for the application of this Article, in particular with regard to frequency of 
communication  of  information,  the  form  in  which  it  is  to  be  given  and  its  nature,  shall  be 
drawn up in accordance with the procedure ⌦ referred to ⌫ in Article ⌦ 14(3) ⌫. 

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(cid:208) 806/2003 Art. 3 and Annex III, 
point 6 (adapted) 

Article 14 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food  Chain  and 
Animal  Health  set  up  pursuant  to  Article  58  of  Regulation  (EC)  No  178/2002  ⌦ of  the 
European Parliament and of the Council ⌫10. 

2.  Where 
is  made 
reference 
Decision 1999/468/EC shall apply. 

to 

this  ⌦ paragraph ⌫,  Articles  5  and  7  of 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days. 

(cid:208) 806/2003 Art. 3 and Annex III, 
point 6 

3.  Where 
is  made 
reference 
Decision 1999/468/EC shall apply. 

to 

this  ⌦ paragraph ⌫,  Articles  5  and  7  of 

(cid:208) 806/2003 Art. 3 and Annex III, 
point 6 (adapted) 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

(cid:208) 806/2003 Art. 3 and Annex III, 
point 6 

⌦ 4. The Committee shall adopt its Rules of Procedure. ⌫ 

(cid:208) 806/2003 Art. 3 and Annex III, 
point 6 (adapted) 

10 

OJ L 31, 1.2.2002, p. 1. 

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(cid:208) 89/662/EEC (adapted) 
(cid:206)1 91/496/EEC Art. 27(1)(a) 

CHAPTER V 

Final Provisions 

Article 15 

Before (cid:206)1 31 December 1996  the Council shall review the provisions of this Directive on 
the  basis  of  a  report  from  the  Commission  on  the  experience  gained,  accompanied  by  any 
relevant proposals, on which it will decide by a qualified majority. 

(cid:208)  

Article 16 

Directive 89/662/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex III, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex IV. 

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

Article 17 

(cid:208) 89/662/EEC 

Article 18 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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(cid:208) 2004/41/EC Art. 6 pt. 2 
(adapted) 

ANNEX I 

⌦ Part A ⌫ 

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 consumption1. 

(cid:208) 2004/41/EC Art. 6 pt. 2 

(cid:208) 2004/41/EC Art. 6 pt. 2 
(adapted) 

Regulation  (EC)  No  853/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004 laying down specific hygiene rules for food of animal origin2. 

⌦ Part B ⌫ 

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/EEC3. 

Regulation  (EC)  No  1774/2002  of  the  European  Parliament  and  of  the  Council  of 
3 October 2002  laying  down  health  rules  concerning  animal  by-products  not  intended  for 
human consumption4. 

__________ 

1 
2 

3 

4 

OJ L 18, 23.1.2003, p. 11. 
OJ  L  139,  30.4.2004,  ⌦ p.  55.  Regulation  as  last  amended  by  Commission  Regulation  (EC) 
No 1243/2007 (OJ L 281, 25.10.2007, p. 8).⌫  
OJ L 62, 15.3.1993, p. 49. Directive as last amended by ⌦ Commission Regulation (EC) No 445/2004 
(OJ L 72, 11.3.2004, p. 60). ⌫  
OJ  L  273,  10.10.2002,  p.  1.  Regulation  ⌦ as  last ⌫  amended  by  Commission  Regulation  (EC) 
No ⌦ 829/2007 (OJ L 191, 21.7.2007, p. 1). ⌫ 

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(cid:208) 92/118/EEC Art. 17(1) and 
Annex III (adapted) 

ANNEX II 

PRODUCTS  NOT  SUBJECT  TO  COMMUNITY  HARMONISATION,  BUT  TRADE 
IN  WHICH  WOULD  BE  SUBJECT  TO  THE  CHECKS  PROVIDED  FOR  BY  THIS 
DIRECTIVE 

⌦ Products ⌫  of  animal  origin  ⌦ not ⌫  included  in  ⌦ Annexes  A  and  B ⌫  to 
⌦ Council ⌫ Directive 90/425/EEC ⌦ 1 ⌫: those products ⌦ shall ⌫ be defined ⌦ in 
accordance with ⌫ the procedure ⌦ referred to ⌫ in Article ⌦ 14(3) of this Directive. ⌫ 

_____________ 

1 

OJ  L  224,  18.8.1990,  p.  29.  Directive  as  last  amended  by  Directive  2002/33/EC  of  the  European 
Parliament and of the Council (OJ L 315, 19.11.2002, p. 14). 

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(cid:207) 

ANNEX III 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 16) 

Council Directive 89/662/EEC 
(OJ L 395, 30.12.1989, p. 13) 

Council Directive 90/675/EEC 
(OJ L 373, 31.12.1990, p. 1) 

Council Directive 91/67/EEC 
(OJ L 46, 19.2.1991, p. 1) 

Council Directive 91/492/EEC 
(OJ L 268, 24.9.1991, p. 1) 

Council Directive 91/493/EEC 
(OJ L 268, 24.9.1991, p. 15) 

Council Directive 91/494/EEC 
(OJ L 268, 24.9.1991, p. 35) 

Council Directive 91/495/EEC 
(OJ L 268, 24.9.1991, p. 41) 

Council Directive 91/496/EEC 
(OJ L 268, 24.9.1991, p. 56) 

Council Directive 92/45/EEC 
(OJ L 268, 14.9.1992, p. 35) 

Council Directive 92/46/EEC 
(OJ L 268, 14.9.1992, p. 1) 

Council Directive 92/67/EEC 
(OJ L 268, 14.9.1992, p. 73) 

Council Directive 92/118/EEC 
(OJ L 62, 15.3.1993, p. 49) 

Council Regulation (EC) No 806/2003 
(OJ L 122, 16.5.2003, p. 1) 

only Article 28 

only Article 16(2) 

only Article 7(2) 

only Article 9(2) 

only Article 19(1) 

only Article 16(2) 

only Article 27 

only Article 14(2) 

only Article 30 

only as regards the reference to 
Directive 89/662/EEC in 
Article 17(1) 

only point 6 of Annex III 

Directive 2004/41/EC of the European Parliament and of 
the Council (OJ L 157, 30.4.2004, p. 33) 

only Article 6 

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Part B 

List of time-limits for transposition into national law 
(referred to in Article 16) 

Directive 

Time-limit for transposition 

89/662/EEC 

90/675/EEC 

91/67/EEC 

91/492/EEC 

91/493/EEC 

91/494/EEC 

91/495/EEC 

91/496/EEC 

92/45/EEC 

92/46/EEC 

92/67/EEC 

92/118/EEC 

2004/41/EC 

1 July 1992 

1 July 1992 

31 December 1992 

31 December 1992 

31 December 1992 

1 May 1992 

1 January 1993 

1 July 1992 

31 December 1993 

31 December 1993 

30 June 1992 

31 December 1993 

1 January 2006 

_____________ 

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ANNEX IV 

CORRELATION TABLE 

Directive 89/662/EEC 

This Directive 

Articles 1, 2 and 3 

Articles 1, 2 and 3 

Article 4(1) first sentence 

Article 4(1) first subparagraph 

Article 4 second sentence 

Article 
introductory words 

4(1) 

second 

subparagraph, 

Article 4(1), first indent 

Article 4(1) second subparagraph, point (a) 

Article 4(1), second indent 

Article 4(1) second subparagraph, point (b) 

Article 4(2) 

Article 4(2) 

Article 5(1) introductory words 

Article 5(1) introductory words 

Article 5(1)(a) 

Article 5(1)(a) 

Article 5(1)(b) introductory words 

Article 5(1)(b) introductory words 

Article 5(1)(b) first indent 

Article 5(1)(b)(i) 

Article 5(1)(b) second indent 

Article 5(1)(b)(ii) 

Article 5(1)(b) third indent 

Article 5(1)(b)(iii) 

Article 5(2) to (5) 

Article 5(2) to (5) 

Article 6 

Article 7(1)(a) 

Article 6 

Article 7(1) 

Article 
7(1)(b) 
introductory words 

first 

subparagraph, 

Article  7(2)  first  subparagraph,  introductory 
words 

Article 7(1)(b) first subparagraph, first indent  Article 7(2) first subparagraph, point (a) 

Article  7(1)(b)  first  subparagraph,  second 
indent 

Article 7(2) first subparagraph, point (b) 

Article 7(1)(b) second subparagraph 

Article 7(2) second subparagraph 

Article 7(2) 

Article 7(3) 

Article 8(1) first and second subparagraphs 

Article 8(1) first and second subparagraphs 

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Article 8(1) third subparagraph 

Article 8(2) first subparagraph 

Article 8(1) fourth subparagraph, introductory 
words 

Article 
introductory words 

8(2) 

second 

subparagraph, 

Article 8(1) fourth subparagraph, first indent  Article 8(2) second subparagraph, point (a) 

Article  8(1)  fourth  subparagraph,  second 
indent 

Article 8(2) second subparagraph, point (b) 

Article 8(1) fourth subparagraph, third indent  Article 8(2) second subparagraph, point (c) 

Article 8(1) fifth subparagraph 

Article 8(2) third subparagraph 

Article 8(1) sixth subparagraph 

Article 8(2) fourth subparagraph 

Article 8(1) seventh subparagraph 

Article 8(2) fifth subparagraph 

Article 8(1) eighth subparagraph 

Article 8(2) sixth subparagraph 

Article 8(1) ninth subparagraph 

Article 8(1) tenth subparagraph 

Article 8(2) 

Article 8(3) 

Article 8(3) 

Article 8(4) 

Article 8(5) 

Article 8(6) 

Articles 9 and 10 

Articles 9 and 10 

Article 11 first paragraph, introductory words  Article 11 first paragraph, introductory words 

Article 11 first paragraph, first indent 

Article 11 first paragraph, point (a) 

Article 11 first paragraph, second indent 

Article 11 first paragraph, point (b) 

Article 11 first paragraph, third indent 

Article 11 first paragraph, point (c) 

Article 11 first paragraph, fourth indent 

Article 11 first paragraph, point (d) 

Article 11 second paragraph 

Article 11 second paragraph 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

- 

- 

Article 12 

- 

Article 13 

Article 17(1) and (2) 

Article 14(1) and (2) 

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Article 17(3) 

Article 18(1) 

Article 18(2) 

Article 19 

Article 20 

Article 22 

- 

- 

Article 23 

Annex A 

Annex B 

- 

- 

Article 14(4) 

- 

Article 14(3) 

Article 15 

- 

- 

Article 16 

Article 17 

Article 18 

Annex I 

Annex II 

Annex III 

Annex IV 

_____________ 

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