CELEX: 51989PC0507
Language: en
Date: 1989-10-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON ANIMAL HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY TRADE AND IMPORTS FROM THIRD COUNTRIES OF FRESH POULTRYMEAT AND FRESH MEAT OF REARED GAME BIRDS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0HC89) 507 f i n a l
                                              Brussels, 20 October 1989
                             Proposal for a
                        COUNCIL REGULATION (EEC)
on animal health conditions governing intra-Community trade and imports
  from third countries of fresh poultryneat and fresh neat of reared
                               game birds
                     (presented by the Commission)
 ---pagebreak---                                                                       (&nS°}{
                              EXPLANATORY MEMORANDUM
The Proposal herewith provides for the approximation of the rules governing
the animal health aspects of intra-Community trade in fresh poultrymeat and
fresh meat of reared game birds. Removing the present requirements, will avoid
the spread of contagious diseases. More specifically, fresh meat from a
holding or area which, under Community rules, is the subject of a ban imposed
on grounds of animal health protection will not qualify for the health mark
specified in the Community rules. Such meat may however, be put to other uses
if it has undergone treatment designed to destroy the germs of the diseases
concerned, in which case it will bear a special mark to that effect.
The Proposal also provides for Community arrangements in respect of imports
from third countries. With a view to safeguarding human and animal health, a
number of animal health standards are laid down which will apply to third
countries frcrr which fresh poultrymeat and fresh meat of reared game birds may
be imported into the Community.
This proposal will be complemented by measures for the control of Newcastle
Disease in the Community, which will be proposed shortly.   In addition, having
regard to the different policies on vaccination pursued in the Member States,
the Commission intends to have a study undertaken in relation to the potential
risk of transmitting Newcastle Disease through fresh poultrymeat originating
from vaccinated poultry.   The proposal will be reviewed in the light of the
results of the study.
In its proposal the Commission has opted for the regulatory-committee
procedure. This does not bring into question its preference for the advisory
committee system generally. In the case at hand, the regulatory-committee
procedure is justified in view of the wish to avoid disrupting the present
management system in the veterinary field and the special nature of the
decisions to be adopted which involve animal health protection as such in the
Community and which have a major impact on animal husbandry policies in the
Community.
The proposed Regulation would apply with effect from 1 November 1990. This is
advisable in view of the need to introduce harmonized control measures against
contagious diseases - Newcastle disease in particular - which affect poultry.
 ---pagebreak---                                 Proposal for a
                           COUNCIL REGULATION (EEC)
  on animal health conditions governing intra-Community trade and imports from
    third countries of fresh poultrymeat and fresh meat of reared game birds.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 poultrymeat is included in the list of products in Annex II to the
Treaty; whereas the breeding and rearing of poultry is generally included in
the farming sector and constitutes a source of income for part of the farming
population;
Whereas disparities between Member States should be removed by laying down
rules regarding the animal health aspects of intra-Community trade in fresh
poultrymeat with a view to ensuring the rational development of production in
that sector and encouraging inta-Community trade, thus contributing to the
completion of the internal market;
 ---pagebreak---                                          - 2 -
Whereas, in particular, to improve information concerning the state of health
of the birds from which fresh meat for consignment to another Member State
comes, it should be stipulated that the birds must either have been reared on
the territory of the Community or have been imported from third countries in
accordance with the rules adopted pursuant to Chapter III of Council Regulation
 (EEC) No       /      /on animal health conditions governing intra-Community trade
and imports from third countries of poultry and hatching eggs? (1);
Whereas, in order to prevent it from propagating epizootic diseases, fresh
meat coming from a holding or area which, in accordance with Community rules,
has been place under health restrictions, should be excluded from
intra-Community trade;
Whereas care should be taken that fresh poultrymeat that does not comply with
Community rules should not be given the health mark provided for in Council
Directive 71/118/EEC of IS February 1971 on health problems affecting trade in
fresh poultrymeat (2), as last amended by Directive 88/657/EEC (3); whereas, such meat
may, however, be put to other uses provided that it has undergone treatment designed to
destroy the germs of diseases, in which case it wi 11 bear a special mark to that effect;
Whereas, in respect of the organization of and the follow-up to the checks
being carried out by the Member State of destination and the safeguard
measures to be implemented, reference should be made to the general rules laid
down in Council Regulation (EEC) No              /concerning     veterinary checks in
intra-Community trade with a view to the completion of the internal market/'(4);
Whereas provision should be made for independent checks to be carried out by
the Commission;
Whereas, in the interests of the harmonious development of intra-Community
trade, Community rules should be adopted in respect of imports from third
countries;
(1) OJ No L
(2) OJ No L 55, 8.3.1971, p. 23.
(3) OJ No L 382, 31.12.1988, p. 3.
(4)
 ---pagebreak---                                        - 3 -
Whereas defining Community provisions applicable to imports from third
countries requires that a list  be    drawn up of third countries or parts of
third countries from which fresh pouItcymeat and fresh meat of reared game
birds may be imported and that a certificated be produced;
Whereas the Commission's veterinary experts should be instructed to carry out
checks in third countries in order to determine whether the rules are complied
with;
Whereas, in respect of the organization of and the follow-up to the checks to
be carried out and the safeguard measures to be implemented, reference should
be made to the general rules laid down in Council Regulation (EEC) No
/on guidelines for the organization of veterinary checks in respect of
products from third countries, with a view to the completion of the internal
market*/ (5) ;
Whereas the provisions of this Regulation will have to be reviewed in the
context of the completion of the internal market;
Whereas provision should be made for a procedure establishing close
cooperation between the Member States and the Commission within the Standing
Veterinary Committee;
Whereas it is advisable to allow sufficient time to introduce harmonized
control measures against the main contagious diseases, Newcastle disease in
particular, which affect poultry,
HAS ADOPTED THIS REGULATION :
                                    CHAPTER I
                                     GENERAL
                                    Article 1
This Regulation lays down animal health requirements applicable to
intra-Community trade in and imports from third countries of fresh meat of
domestic birds of the following species : hens, turkeys, guinea fowl, ducks,
geese and reared game birds.
(5) OJ No L
 ---pagebreak---                                        - 4 -
                                     Article 2
1. For the purposes of this Regulation :
   (a)  "reared game birds** means birds normally regarded as game, but which
        have been hatched, reared and kept in captivity;
   (b)  "meat" means any part of the animals referred to in Article 1 which is
        fit for human consumption;
   (c)  "fresh meat** means any meat which is referred to in Article 1 and
        which, with a view to being preserved, has undergone no treatment
        other than refrigeration.
2. Moreover, for the purposes of this Regulation, the definitions set out in
   Article 2 of Council Regulation (EEC) No           /on animal health
   conditions governing intra-Community trade and imports from third countries
   of poultry and hatching eggs/ shall also apply.
                                     Article 3
Where appropriate, special exceptions from this Regulation or special require-
ments may be laid down in respect of fresh meat :
-  contained in the personal luggage of travellers, provided that such meat is
   not subsequently used for commercial purposes,
-  in small consignments to private individuals, provided that the said
   consignments are not of a commercial nature,
-  intended, for catering purposes, for staff and passengers on board means of
   transport on international routes to or from third countries.
 ---pagebreak---                                        - 5
                                    CHAPTER II
                      RULES GOVERNING INTRA-COMMUNITY TRADE
                                     Article 4
In order to be traded within the Community the fresh meat must have been :
1. obtained from poultry or reared game bird which :
   (a)  have stayed in the Community since hatching or have been imported from
        third countries in accordance with the rules adopted pursuant to
        Chapter III of Regulation (EEC) No            on animal health
        conditions governing intra-Community trade and imports from third
        countries of poultry and hatching eggs;
   (b)  come from a holding :
        - which has not been placed under animal health restrictions in
          connection with a poultry disease;
        - which is not situated in an area which has been declared an avian
          influenza or Newcastle disease infection area;
   (c)  during   transport   to   the slaughterhouse did not come into contact
        with birds suffering from avian influenza or Newcastle disease.
        Transport    through    an area which has been declared an avian
        influenza or Newcastle disease infection area shall be prohibited
        unless major road or rail links are used;
2. produced in slaughterhouses in which at the time of slaughter, no case of
   avian influenza or Newcastle disease had been recorded. Any fresh meat
   which is suspected of having been contaminated at the slaughterhouse,
   cutting plant or storage depot or in the course of transport   must be
   excluded from intra-Community trade.
                                     Article 5
Fresh meat which does not meat the requirements laid down in Article 4 shall
not be given the health mark specified in Article 3(1) A(e) of Directive
71/118/EEC.
 ---pagebreak---                                            - 6 -
                                         Article 6
1. Notwithstanding Article 5, and insofar as it is not intended for intra-
   Community trade in fresh meat, fresh meat which does         meet     the require-
   ments laid down in Article 4 may carry a mark in accordance with Article
   3(1) A(e) of Directive 71/118/EEC, provided that it is overstamped in accordance
   with point 1 of the Annex to thi s Regulation or that the special mark referred to in
   point 2 of the Annex to thi s Regulation is immediately imposed thereon.
   The provisions of Annex I, Chapter X, point 43 of Directive 71/118/EEC
   shall apply mutatis mutandis to the keeping and use of marking instruments.
2. The meat referred to in paragraph 1 must be obtained, cut, transported and
   stored separately from, or not at the same time as, meat intended for
   intra-Community trade in fresh meat.
                                        Article 7
The rules laid down in Regulation (EEC) No                    /on veterinary checks
in intra-Community trade with a view to the completion of the internal market?
shall apply, in particular as regards the organization of and the follow-up to
the checks carried out by the Member State of destination, and the safeguard
measures to be applied.
                                        Article 8
Commission veterinary experts may, to the extent necessary to ensure uniform
application of this Regulation, carry out on-the-spot inspections. The
Commission shall inform the Member States of the outcome of such inspections.
 ---pagebreak---                                        - 7 -
The Member States in whose territory an inspection is carried out shall give
the experts all the assistance necessary for the performance of thier tasks.
General rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 17. Rules to be followed
during the inspections provided for in this Article shall be adopted in
accordance with the same procedure.
                                    CHAPTER III
                      RULES FOR IMPORTS FROM THIRD COUNTRIES
                                     Article 9
Fresh meat imported into the Community must satisfy the requirements laid down
in Articles 10 to 13.
                                    Article 10
1. The fresh meat must come from a third country or part of a third country
   included in a list drawn up by the Commission in accordance with the
   procedure laid down in Article 17. The list may be supplemented or amended
   in accordance with the same procedure.
2. In deciding whether a third country or part thereof may be included in the
   list referred to in paragraph 1, particular account shall be taken of :
   (a)  the state of health of the poultry, other domestic animals and
        wildlife in the third country, particular attention being paid to
        exotic animal diseases and the health situation in the surrounding
        area in that country, where either are liable to endanger public and
        animal health in the Member States;
   (b)  the regularity and rapidity of the supply of information by the third
        country relating to the existence of contagious animal diseases in its
        territory, in particular the diseases in lists A and B of the
        International Office of Epizotics;
 ---pagebreak---                                          8 -
    (c)  the country's rules on animal disease prevention and control;
    (d)  the structure of the veterinary services in the country and their
         powers ;
    (e)  the organization and implementation of measures to prevent and control
         contagious animal diseases;
    (f)  the guarantees which the third country can give with regard to
         compliance with this Regulation.
3. This list referred to in paragraph 1 and any amendments thereto shall be
    published in the Office Journal of the European Communities.
                                    Article 11
1. Fresh meat must come from third countries free from avian influenza and
   Newcastle disease.
2. The general criteria for classifying the third country from the point of
    view of the diseases referred to in paragraph 1 shall be adopted in
    accordance with the procedure laid down in Article 17.
3. The Commission may, in accordance with the procedure laid down in
   Article 17, decide that the provisions of paragraph 1 shall apply only to a
   part of the territory of a third country.
                                    Article 12
The fresh meat must :
(a)    satisfy animal health requirements adopted in accordance with the
       procedure laid down in Article 17. These requirements may differ
       according to the species of animal;
(b)    come from flocks which, prior to consignment, have, without
       interruption, been in the territory or part of the territory of the
       third country for a period to be defined in accordance with the
       procedure laid down in Article 17.
 ---pagebreak---                                        - 9 -
                                    Article 13
1. Fresh meat must be accompanied by a certificate drawn up by an official
   veterinary of the exporting third country.
   The certificate must :
    (a) be issued on the day of loading for consignment to the country of
        destination;
   (b)  be drawn up in the official language or languages of the country of
        destination, and in one of the official languages of the country in
        which the import checks are to be carried out;
   (c)  accompany the consignment in the original;
   (d)  attest that the fresh meat satisfies the requirements of this
        Regulation and those adopted pursuant to this Regulation with regard
        to importation from third countries;
   (e)  consist of a single sheet of paper;
   (f)  be made out, in principle, for a single consignee.
2. The certificate must conform with a model established in accordance with
   the procedure laid down in Article 17.
                                   Article 14
On-the-spot inspections shall be carried out by veterinary experts on the
Member States and the Commission to ensure that the provision of this
Regulation are effectively applied.
The Member States* experts responsible for these inspections shall be
designated by the Commission on proposals from the Member States.
The inspections shall be carried out on behalf of the Community, and the
latter shall bear the costs.
The frequency of the inspections and the inspection procedure shall be
determined in accordance with the procedure laid down in Article 17.
 ---pagebreak---                                       - 10 -
                                    Article 15
1. The Commission may, in accordance with the procedure laid down in Article
   17, decide that imports from a third country or part of a third country are
   to be confined to fresh meat of a particular species.
2. The Commission may decide, in accordance with the procedure laid down in
   Article 17, to apply animal health restrictions, as required, after
   importation.
                                    Article 16
The general rules laid down in Regulation (EEC) No               /concerning
veterinary checks on products from third countries with a view to the
completion of the internal market? shall apply in particular as regards the
organization of and the follow-up to the checks to be carried out and the
safeguard measures to be implemented.
                                    CHAPTER IV
                                COMMON PROVISIONS
                                   Article 17
1. The Commission shall be assisted by the Standing Veterinary Committee, set
   up by Council Decision 68/361/EEC (6)/ hereinafter referred to as the
   "Committee".
2. Where the procedure laid down in this Article is to be followed, the
   provisions set out below shall apply.
3. 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 148(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 representatives of the Member States within the Committee shall he
   weighted in the manner set out in that Article. The Chairman shall not vote.
(6) OJ m L 255, 18,10.1968, p, 23.
 ---pagebreak---                                        - 11 -
4. The Commission shall adopt the measures envisaged if they are in accordance
    with the opinion of the Committee.
 5. If the measures envisaged are not in accordance 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 measures to be
    taken. The Council shall act by a qualified majority.
    If, on the expiry of a period of three months from the date of referral to
    the Council, the Council has not acted, the proposed measures shall be
    adopted by the Commission.
                                    Article 18
This Regulation shall be reviewed before 31 December 1991 in the light of
proposals concerning the completion of the internal market-
                                    Article 19
This Regulation shall enter into force on the 30th day following that of its
publication in the Official Journal of the European Communities.
It shall apply from 1 November 1990.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                         For the Council
 ---pagebreak---                                                          ANNEX
           Mark for meat intended for a use other than intra-Community
         trade in fresh poultrymeat and fresh meat of reared game birds
1. The overstamping must be done in such a way that the health mark defined in
   44.1(a) and (b) of Chapter Z of Annex I to Directive 71/118/EEC is covered
   by a diagonal cross consisting of two straight lines crossing at right
   angles, with the point of intersection in the centre of the stamp and the
   information thereon remaining legible.
2. The single special mark shall consist of the health mark defined in 44 (a)
   and (b) of Chapter Z of Annex I to Directive 71/118/EEC, as overstamped in
   accordance with point 1.
 ---pagebreak---      FINANCIAL                       S T A T E M E N T           concernée :
              Draft proposal for a Council Regulation on animal health conditions
              governing intra-Community trade and imports from third countries of
              fresh poultrymeat and fresh meat of reared game birds
  1. Budget headlno, :                      I tea :         Title :
            IIIB                               382           Inspection      in   Agriculture
  2. Legal basis :
                              A r t i c l e 43 o f     the  Treaty
  3. Classification :                      , Coapulsory expenditure/Ncn-conpulsory expenditure
                                                 Non-compulsory e x p e n d i t u r e          »
 4. Purpose/description of the aeasure :
     - V e r i f i c a t i o n of t h e a p p l i c a t i o n o f t h e R e g u l a t i o n ( A r t . 9 )
     - V i s i t t o t h i r d c o u n t r i e s f o r a n i m a l h e a l t h p u r p o s e s * w i t h a view t o d r a w i n g
           up a l i s t of t h i r d c o u n t r i e s which may e x p o r t t o t h e Community and t o drawing
           UP c e r t i f i c a t e s f o r those c o u n t r i e s .    Commission checks i n t h i r d c o u n t r i e s
                                                                                ( A r t i c l e i u , l i , i<*.
 5.     Method of calculation
 5.1 Fora of expenditure :
                                                      Mission expenses
 5.2 Coaaunity contribution :                                 100%
 5.3 Calculation :
                             200 mission days per year at ECU 170 per day (current cost of
                              inspections) = ECU 34,000 per year.
 6*     Financial laplicatlon as regards operating appropriations
 6.1    Schedule of            "*        appropri ati ons r                               C <ECU T r i l l i o n )
                         Year                                   CA.V PA
                         1991                                    U.U44
                         1!<92                                   0.034                               -
                         1993                                    0.034
                        1994                                     0.034
                         1995                                    0.034                     '
                        following years
                        lv»*l                                   TTTPD"
6.2 financing dur\nt) current y*-.-r :
                                                    NIL
7. Observations :
      »  •
            This proposal also calls for two additional A7/6 posts.
 ---pagebreak---                                                               lasK i-orce rME
              FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
I.   Quelle est la justification principale de la mesure ?
     Harmoniser les conditions de police sanitaire régissant le commerce
     intracommunautaire et les importations de viandes fraîches de volaille,
II.  Caractéristiques des entreprises concernées. En particulier :
     (a) Y a-t-il un grand nombre de PME ?
          Abattoirs de volaille et ateliers de découpe
     (b) Note-t-on des concentrations dans des régions
          i.éligibles aux aides régionales des Etats membres ?
                                       NON
         ii.éligibles au Feder ?
                                       NON
III. Quelles sont les obligations imposées directement aux entreprises ?
                        Respect de la réglementation
 IV.  Quelles sont les obligations susceptibles d'être imposées indirectement
      aux entreprises via les autorités locales ?
                                        NEANT
 V.   Y a-t-il des mesures spéciales pour les PME ?              Lesquelles ?
                                        NON
 VI.  Quel est l!_fc.!fe>t prévisible
      a) sur la compétitivité des entreprises ?
                                          NEANT
      b) sur l'emploi ?
                                         NEANT
 VII. Les partenaires sociaux ont-ils été consultés ?           Quels sont leurs
      avis ?
                                         NON
                                                                             ..»*.. ... i
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 507 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-54376-0
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