CELEX: 51974PC1204
Language: en
Date: 1974-07-25
Title: Proposal for a COUNCIL DECISION drawing up a list of the countries from which the Member States authorise importation of bovine animals, swine and fresh meat (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1204
Vol. 1974/0192
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROEBAN GOMMUNITIES
                                                     COM(74)1204 final
                                                     Brussels . 25 July 1974
                          »     Proposai for a
                               COUNCIL DECISION
                drawing up a list of the countries from which
         the Member States authorise importation of bovine animals ,
                             swine and fresh méat
                ( submitted to the Council "by the Commission )
   COM(74 ) 1204 final
 ---pagebreak---                  COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
I. Under Article 3 (l ) of the Council Directive of 12 December 1972 , the
    Council must prepare , on a proposal from the Commission , a list of the
    countries or parts of countries from which Member States authorize the
    importation of bovine animals and swine and fresh meat (bovine animals ,
    swine , sheep and goats and domestic solipeds ) or of one or several of
    these categories of animals and products , account being taken of the
    healih situation in these countries or parts of countries .
    At present , the animals and meat referred to above are subject to rules
    which govern only intra-Community trade . Imports from third countries
    are therefore effected under conditions which still form part of national
    provisions , although these are not necessarily more favourable than those
    governing intra^-Community trade .
    In various Working Parties , the Commission has examined the case of each
    of those third countries which ucugtlly       export to one or several Member
    States . It was clearly evident , on completion of this work , that , although
    sone third countries had no particular problems , many others would have
    to overcome a number of difficulties .     These difficulties arise from two
    main sources ;
    - the importation of animals and fresh meat is subject to different
       corditions in Member States with differing health situations ;
    - each Member State has , traditionally , certain particular sources of
       supply , or sources which it does not share with all the other Member
       St at e s .
1.        i-of-ard     the first source of difficulties , it should be pointed out
    that Denmark , the United Kingdom and Ireland obtained , through the Treaty
    of Accession and also through the Council Directive of 12 December . 1972
    cn health problems affecting intra-Community trade in fresh neat (OJ L 302 , 31
    Decembre 72 , p24), certain derogations allbwing' them to retain, for intra-Commun^t
                                                                   • • •/ • • •
 Council Directive of 12 December 1972 on health and veterinary inspection
problems upon importation of bovine animals and swine and fresh meat from
third countries ( OJ No L 302 , 31 December 1972 , p 28 ).
 ---pagebreak---   trade and within certain limits , their national . laws relating to the
  importation of animals and. protection against swine fever sjad foot-and-
" mouth disease *     It is evident that the special arrangements granted to
  the thrfee new Member States for a specific period should he extended for
  the same period under the arrangements governing imports from third
  countries .     Only when uniform trade conditions have "been laid down in
  the Community will it be possible to apply uniform conditions to imports
  into the Community.      2his is , furthermore , what is meant "by Article 33
   ( 2 ) of the "third countries'* Directive ,
  In the meantime , the new Member States are justified in demanding, for
  these imports , safeguards related to the derogations granted to them .
  Although some third countries are approved by all the States of the
  Community, other's are approved by only certain Member States . It has
  also been noted that in some instances , although several Member States
  import from the seme third country, it is not always the same products
  which are imported (e.g. one Member State accepts animals end meat without
  restrictions j another limits imports to meat } a third imports only boned
  meat , etc.). Likewise , in a third country certain premises (slaughter­
  houses , cutting plants and cold stores ) may be approved by one Member
  State but not by the others .      It is possible , finally , that the entire
  territory of a country may be approved in one instance and only a clearly
  defined geographical , area in another. .              '
     •. É • ••• '       '                    '        •                  ' *•
  It is -clear that the Member States ore not properly co-ordinated in their
  attitude towards ©. number* of third countries .      Attention should be drawn,
  to this fact , but it should not be regarded as a sign of far-reaching
  differences } instead , it should be recognised that the Member States
 have strongly differing conceptions of what is meant by equivalence
  between the conditions applicable to imports on the one hand end the
  conditions applicable to intra-Community trade on the other. If a third
  country can export oertain products to a particular Member State , it is
  because this Member State considers that it has health safeguards at
 ---pagebreak---                                       - 3 -
     least equivalent to those laid down in the Council Directives for mtra^
     Community trade . If this is so , and the Commission has no reason to
     doubt it , the third country under consideration should also be able to
     export under the same conditions to the other Member States ,      The
     reason for the differences which divide the countries of the Community
     in this way lies in the fact that , for various motives , each of them
     has established relations with certain third countries on a basis of
     mutual requirements and of what was possible .     Although the parties
     acsocic/ted in this way are sometimes different , the Commission sees
     no reason , on grounds of health , for doubting that the conditions of
     their trade are equivalent ,
II   The aim of the "thia?d ^countries " Directive is to harmonise all those national
     lrtws which on a health basis' kt present govern, imports from third countries by
     adopting Community arrangements in their steal ,     This harmonisation
     should be completed following a series of Council or Commission acts
     adopted pursuant to the Directive of 12 December 1972 ; the most
     important of these is , without question , the list which forms the
     subject , of the attached proposal ,
1,   The criteria which should be taken into account in establishing this
     list are given in Article 3 of the Directive } to ensure that they have
     been observed , the Commission has invited the Member States to forward
     all the information at their disposal^. In certain cases this information
     should undoubtedly be expanded or updated , some of it being several
     years old .   Mention should be made in this context of the importance
     of the criteria relating to the speed and regularity, with which third
     countries must agree to supply information on the presence in their
     territory of contagious animal diseases , . . It cannot be said tha,t this
     requirement is fully observed at present , since the information is
     often not received for several weeks or several months j nor is the
^This information was communicated to the Commission at the end of April 1974,
 ---pagebreak---                                  - 4 -
Commission   fully informed on what is "being done in the campaign against
contagious diseases in ell non-member countries .
These reasons do not appear sufficient , however , for excluding any of
the third countries from the list ,    The introduction of Community
import arrangements constitutes sin entirely new instrument which , owing
to its complexity, requires a. period of adjustment in order to function
properly.   It is therefore impossible to decide suddenly that a given
country may no longer export to the Community simply because it cannot
comply fully with provisions of which it has only just been informed .
Par more important is that such a country should be in a position to
comply in the future , when the directive is actually applied , but it
must be clear that, effective compliance is obligatory } in the event
of non-compliance , this country should not be put on the list or , if
already there , it should be deleted . This would happen if this country
did not give a very firm undertaking to supply regular information on
its health situation.    The Commission draws the Council 's attention to
the fact that it is continuing to gather all the information it can
find to supplement the information it has already obtained . To this
end , it has established contact with some third countries which , at the
present time , have not yet answered the requests for information. If ,
from this information , it appeared that a country named in the attached
draft was not able , or did not recognise the need , to comply with
Article 3 of the Directive of 12 December 1972 , the Commission would
inform the Council immediately.
This line of action , which is evidence of the will to open up to third
countries , is based , in the Commission 's opinion , upon factors which
prove how well it is justified .
                                                            • • •/ • « •
 ---pagebreak---     So far each Member State has decided for itself , upon its sources of
    supply (which were not always the same as those chosen by its fellow
   Members ), and it must be clear that it did so on terns which would safe­
    guard the health of human beings and animals against any risk which
   might endanger them .        This is so not only because this State is naturally
    anxious to protect itself from the dangers which could directly threaten
    it and which would be the result of authorising imports without sufficient
    caro , but also because an outbreak of epizootic disease in this country
    could trigger off a defence mechanism in the other Member States , a
   mechanism which would probably lead to the closing of frontiers ;
    it would therefore be affected both on its own territory and in its
   trade relations with other countries .
    The Commission is certain that all the Member States have , sometimes
   by different means , pursued the same aim , namely the ' avoidance of
    such risks .
    The best proof of this - is the fact that , in recent years the health
    situation in the Community has not been endangered by imports from
   third countries - in other words the sources of supply , although
   different , have been chosen with sufficient care .       It also proves
   that the health inspections are carried out with , the required ...
   vigilance both in the third countries and when the imports - reach
    Community territory"'".
   For this reason the Commission , as it sees no reason for excluding
   this or that country , is proposing to the Council that all third            •
    countries which at present export to one or more Member States should ,
    be I included iia : the list-i' ■ ■ '
  m- -, 1-1,                                                       • • •/ • • •
is does net , of course , include fraudulent imports .
 ---pagebreak--- It is obvious that , for the reasons set out above , the compilation of
this list in no way prejudges the solutions which have yet to "be found
for the individual problems of Denmark , the United Kingdom and Ireland ,
and for which these countries have been granted certain derogations .
Under Article 3 of the Directive of 12 December 1972 , the list could
include , if necessary, details concerning the parts of countries
authorised to export to the Community or concerning the categories of
animals or meat which may be imported into the SEC .   The Commission
considers that such spedificsltism should not be introduced for the
present , not because they serve no purpose , but because it is not
the right moment .
The compilation of a common list of approved countries represents , of
course , a considerable change in approach , which has hitherto been
exclusively national .   It is preferable to wait until this first - and
most important – step has been taken before going on to the next stage
of determining exactly which product may be imported from what region.
This second step , furthermore , would simply be carrying further, the
intention which lay behind the first step ; for , in the opinion of the
Commission , it is obvious that inclusion of a country in the list means
in principle that this country can export to the Community.    All that
remains is to determine what it can actually export , and under what
conditions .
The decision to be taken in this respect will be closely linked with
the provisions concerning health inspection which will have to be
drafted for each third country. Biese provisions are formulated on
the basis of the health situation in the country under consideration ,
a situation which is itself the determining factor in .the choice of
animals or meat which may be exported to the Community.
 ---pagebreak---                                        - 7 -
      The Commission therefore considers it preferable , in view of the
      technical considerations on which possible specifiCsiiolis concerning
      regions , animals or meat would "be "based , to submit this question for
      the procedure of the Standing Veterinary Committee , when it expresses
      its opinion , pursuant to Articles 8 ( l ) and 16 of the Directive on
      the above-ment ioned health conditions .
      The Commission will then refer back to the topics dealt with under
      pcint II .. 1 . . above . *;•. by th-'s C^rsioi /.,
III . The Commission therefore proposes that the Council • adopt the attached
      draft decision .
 ---pagebreak---                                    Proposai for a
                                  COWTCIL DECISION
                    drawing up a list of the countries from
                    which the Member States authorise importation
                    of bovine animals , swine and fresh meat .
TEE COmiC IL OF THE EUROPEAN COMITUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Directive of 12th December 1972 ^^ concerning health
and veterinary inspection problems upon importation of bovine animals and
swine and fresh meat from third countries , aa iaat amende*} by Couaoil Directive of
                      2
l?th IIovender 1973     , and in particular article 3 paragraph 1 thereof,
Having regard to the proposal of the Commission
Whereas the past experiences of importation from the traditional sources of
supply seem not to have given rise to serious disease problems , when being
submitted to adequate veterinary control measures ,
Whereas the list of third countries should include countries which have been
traditional suppliers of live animals and meat to the Member States , and on
which the necessary information is available ,
VFhereas the details of the commodities which may be exported from the countries
on the list and the specific veterinary conditions under which the exportation
may take place , will be subject to further decisions ,
HAS ADCPTED TIIIS DECISION :
                                      ARTICLE 1
Taking into account the provisions of art . 3 paragraph 2 of the Council
directive of 12th December 1972 and without prejudice to the other provisions
laid down in the said directive , the Member States authorise importation of
( 1 ) OJ No L 302 , 31.12.1972 , p 28
 (2 ) CJ No L 326 , 27.11.1973 , p. 17
 ---pagebreak--- bovine animals , swine and fresh meat of bovine animals , swine , sheep , and
goats and solipeds from the following countries :
Albania , Argentine , Australia , Austria , Botswana , Brazil , Bulgaria , Canada
Colombia , Costa Rica, Cuba , Czechoslovakia , El Salvador , Finland , Germand
Democratic Republic , Greece , Guatemala , Honduras , Hungary , Iceland , Israel
Madagascar , Malta , Marocco , Mexico , New Zealand , Nicaragua , Norway , Panama
Paraguay , Peoples Republic of China , Poland , Portugal , Rumania , South Afric
Spain , Swaziland , Sweden , Switzerland , Turkey , Uruguay , United States of
America , Uaioa.of Soviet Socialists Republics , Yugoslavia.
                                     Article 2
This decision is addressed to the Member States .
Donc at Brussels ,                                        For the Council
                                                           The Président