CELEX: 51989FC0622
Language: en
Date: 2006-12-11
Title: Proposal for a Council Directive …/…/EC of […] concerning veterinary checks in intra-Community trade (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                              concerning veterinary checks in intra-Community trade

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    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.

2.    On 1 April 1987 the Commission therefore decided[1] 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.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       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.

4.    The purpose of this proposal is to undertake a codification of 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 market[3]. The new Directive will supersede the various acts
       incorporated in it[4]; 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.

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.

                                            ê 89/662/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                              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 Ö 37 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê 

   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 market[7] has been substantially amended several times[8]. In the interests of clarity and rationality the said  Directive  should
      be codified.

                                            ê 89/662/EEC

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

                                            ê 89/662/EEC (adapted)

   3) In the veterinary field frontiers Ö were previously Õ used for carrying out checks aimed at safeguarding public health and animal health.

                                            ê 89/662/EEC

   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 harmonization of the basic requirements relating to the safeguarding of public health and animal health.

                                            ê 89/662/EEC (adapted)

   5) With a view to the Ö functioning Õ of the internal market the emphasis should be placed on the checks to be carried out  at  the  place  of
      dispatch and in organizing those that could be carried out at the place of destination.

                                            ê 89/662/EEC

   6) 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.

   7) 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.

                                            ê 89/662/EEC (adapted)

   8) It Ö should be Õ for the Member States to specify in a plan to be submitted the manner in which they intend to carry  out  the  checksÖ , Õ
      and these plans should be the subject of Community approval.

   9) Provision Ö should Õ 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  regularization  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.

                                            ê 89/662/EEC (adapted)

  11) Provision Ö should Õ 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 Ö should Õ 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 Ö should Õ cover all goods that are subject in the case of  intra-Community
      trade to veterinary requirements.

                                            ê 89/662/EEC Recital 16 (adapted)

  13) Ö 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 Commission[9]. Õ

                                            ê 

  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,

                                            ê 89/662/EEC
                                            è1 2004/41/EC Art. 6 pt.1

HAS ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                                                General provisions

                                                                    ARTICLE 1

Member States shall ensure that the veterinary checks to be carried out on è1 products of animal origin covered by the acts referred to in  Annex
I ç 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.

                                                                    Article 2

For the purposes of this Directive:

(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;

                                            ê 89/662/EEC (adapted)

(2)   «trade» means trade between Member States in goods within the meaning of Article Ö 23 Õ (2) of the Treaty;

                                            ê 89/662/EEC

(3)   «establishment» means any undertaking which produces, stores or processes the products referred to in Article 1;

(4)   «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;

(5)   «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.

                                            ê 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 Ö in Õ Article 12, with the requirements of the Member State of destination.

                                            ê 89/662/EEC

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.

                                            ê 89/662/EEC (adapted)

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

                                            ê 89/662/EEC

Where the products referred to in Article 1 are intended for export to a third  country,  the  transport  operation  must  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.

                                            ê 89/662/EEC (adapted)

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

                                            ê 89/662/EEC
                                            è1 2004/41/EC Art. 6 pt.1

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.

                                                                    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)   the è1 products of animal origin covered by the acts referred to in Annex I ç are checked in the same way,  from  a  veterinary  viewpoint,
       whether they are intended for intra-Community trade or for the national market;

                                            ê 89/662/EEC (adapted)

(b)   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 Ö 30 Õ of the Treaty.

                                            ê 89/662/EEC

2. Member States of dispatch shall take the appropriate administrative, legal or penal  measures  to  penalize  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:

       (i)  for an establishment placed under the responsibility of an official veterinarian, the latter must ensure that only products that 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, are accompanied by the document stipulated by the rules of the country of destination, are admitted to that establishment;

                                            ê 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  said  marks,
           certificate, or documents referred to in Ö point (i) Õ 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 Ö document Õ referred to in Ö point (i) Õ.

      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 must 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.

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

(b)   shall keep a register in which such deliveries are recorded;

(c)   must, 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;

(d)   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.

                                            ê 89/662/EEC (adapted)

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

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

                                                                    Article 6

                                            ê 90/675/EEC Art. 28 (adapted)

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 Ö listed Õ in Annex I to Ö Council Õ Directive Ö 97/78/EC, Õ[10] such as ports, airports  and  border  inspection  posts  with  third
countries, the following measures are taken:

                                            ê 90/675/EEC Art. 28

(a)   a documentary check is made on the products' origin;

                                            ê 90/675/EEC Art. 28 (adapted)

(b)   products originating in the Community are subject to the rules on checks provided for in Article 5 Ö of this Directive Õ;

(c)   products from third countries are subject to the rules laid down in Directive Ö 97/78/EC Õ.

                                            ê 89/662/EEC (adapted)
                                            è1 92/67/EEC Art. 1, point 1

2. However, è1  ç 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.

                                                                    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 Directive  82/894/EEC[11],  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 Ö Annex  III  of  Council
       Directive 2002/99/EC of 16 December 2002[12] and in Part 4 of Annex II of 2005/432/EC: Commission Decision of 3 June 2005[13] Õ, order the
       batch to be destroyed or used in any other way laid down by Community rules.

                                            ê 89/662/EEC

      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 telex 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.

                                            ê 89/662/EEC (adapted)

      In addition, at the request of a Member State and in accordance with the procedure Ö referred to Õ in  Article  Ö 14(2) Õ,  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.    Ö 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 Õ 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:

                                            ê 89/662/EEC

       (a)  destroying the goods; or

       (b)  using the goods for other purposes, including returning them with the authorization 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.

                                            ê 89/662/EEC (adapted)

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

                                            ê 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)   send a mission of inspection to the establishment concerned; or

(b)   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;

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

It shall inform the Member States of its findings.

                                            ê 89/662/EEC (adapted)

Where these 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 Ö points (a), (b) and (c) Õ of the Ö second Õ subparagraph to the establishment involved.

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 Ö , Õ if there are serious animal health or public health grounds, suspend approval.

                                            ê 89/662/EEC

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

                                            ê 89/662/EEC (adapted)
                                            è1 92/67/EEC Art. 1, point 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 Ö referred to Õ in Article Ö 14(2) Õ, take the appropriate measures, which may go as  far  as  authorizing
the Member States to prohibit provisionally the bringing into their territory of products coming from that establishment. These measures must  be
confirmed or reviewed as soon as possible in accordance with the procedure Ö referred to Õ in Article Ö 14(2) Õ.

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

2. 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 Directiveè1 , except in Ö the Õ case covered by the fourth subparagraph ç.

                                            ê 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.

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

                                                                    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.

                                            ê 89/662/EEC (adapted)

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 Ö of this article Õ may, if necessary, take the precautionary measures provided  for  in
Community rules.

                                            ê 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.

                                            ê 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 Ö referred to in Article 14(1) Õ, 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 Ö that Õ Committee as soon as possible to be confirmed, amended or cancelled in accordance with the  procedure  Ö referred  to Õ  in
Article Ö 14(2) Õ.

4. The Commission shall in all cases review the situation in the Committee Ö referred to in Article  14(1) Õ  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 Ö referred to Õ in Article Ö 14(2) Õ.  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 Ö referred to Õ in Article Ö 14(3) Õ.

                                            ê 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;

                                            ê 89/662/EEC (adapted)

(b)   carry out checks on whether staff comply with the requirements laid down in the Ö acts Õ referred to in Annex I;

                                            ê 89/662/EEC

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

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

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

                                            ê 89/662/EEC (adapted)

                                                                    Article 12

Trade in the products Ö referred to Õ 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).

                                            ê 92/67/EEC Art. 1, point 5

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.

                                            ê 92/67/EEC Art. 1, point 6

                                                                    Article 13

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

                                            ê 92/67/EEC Art. 1, point 6 (adapted)

2. The Commission shall examine the information referred to in paragraph 1 within the Committee Ö referred to in  Article  14(1) Õ;  it  may,  in
accordance with the procedure Ö referred to Õ in Article Ö 14(3) Õ, 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 Ö referred to Õ in Article Ö 14(3) Õ.

                                            ê 806/2003/EC 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 Ö of the European Parliament and of the Council Õ[14].

2. Where reference is made to this Ö paragraph Õ, Articles 5 and 7 of Decision 1999/468/EC shall apply.

                                            ê 806/2003/EC Art. 3 and Annex III, point 6

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

                                            ê 806/2003/EC Art. 3 and Annex III, point 6 (adapted)

3. Where reference is made to this Ö paragraph Õ, Articles 5 and 7 of Decision 1999/468/EC shall apply.

                                            ê 806/2003/EC Art. 3 and Annex III, point 6

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

                                            ê 806/2003/EC Art. 3 and Annex III, point 6 (adapted)

Ö 4. The Committee shall adopt its Rules of Procedure. Õ

                                            ê 89/662/EEC (adapted)
                                            è1 91/496/EEC Art. 27(1)(a)

                                                                    CHAPTER V

                                                                 FINAL PROVISIONS

ARTICLE 15

Before è1 31 December 1996 ç 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.

                                            ê 

                                                                    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.

                                                                    Article 17

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

                                            ê 89/662/EEC

                                                                    Article 18

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 2004/41/EC Art. 6 pt. 2 (adapted)

                                                                     ANNEX I

                                                                    Ö Part A Õ

                                            ê 2004/41/EC Art. 6 pt. 2

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[15].

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
origin[16].

                                            ê 2004/41/EC Art. 6 pt. 2 (adapted)

                                                                    Ö Part B Õ

                                            ê 2004/41/EC Art. 6 pt. 2

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,  Chapter  I  to
Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC[17].

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 consumption[18].

                                            ê 92/118/EEC Art. 17(1) and Annex III (adapted)

                                                                     ANNEX II

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

Ö Products Õ of animal origin Ö not Õ included in Ö Annexes A and B Õ to Ö Council Õ Directive 90/425/EEC[19]: these  products  will  be  defined
under the procedure Ö referred to Õ in Article Ö 14(3) Õ

                                            é

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with 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                                                        |only Article 28                                |
|(OJ L 373, 31.12.1990, p. 1)                                                        |                                               |
|Council Directive 91/67/EEC                                                         |only Article 16(2)                             |
|(OJ L 46, 19.2.1991, p. 1)                                                          |                                               |
|Council Directive 91/492/EEC                                                        |only Article 7(2)                              |
|(OJ L 268, 24.9.1991, p. 1)                                                         |                                               |
|Council Directive 91/493/EEC                                                        |only Article 9(2)                              |
|(OJ L 268, 24.9.1991, p. 15)                                                        |                                               |
|Council Directive 91/494/EEC                                                        |only Article 19(1)                             |
|(OJ L 268, 24.9.1991, p. 35)                                                        |                                               |
|Council Directive 91/495/EEC                                                        |only Article 16(2)                             |
|(OJ L 268, 24.9.1991, p. 41)                                                        |                                               |
|Council Directive 91/496/EEC                                                        |only Article 27                                |
|(OJ L 268, 24.9.1991, p. 56)                                                        |                                               |
|Council Directive 92/45/EEC                                                         |only Article 14(2)                             |
|(OJ L 268, 14.9.1992, p. 35)                                                        |                                               |
|Council Directive 92/46/EEC                                                         |only Article 30                                |
|(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                                                        |only as regards the reference to Directive     |
|(OJ L 62, 15.3.1993, p. 49)                                                         |89/662/EEC in Article 17(1)                    |
|Council Regulation (EC) No 806/2003                                                 |only point 6 of Annex III                      |
|(OJ L 122, 16.5.2003, p. 1)                                                         |                                               |
|Directive 2004/41/EC of the European Parliament and of the Council                  |only Article 6                                 |
|(OJ L 157, 30.4.2004, p. 33)                                                        |                                               |

                                                                      Part B

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

|Directive                                                               |Time-limit for transposition                                           |
|89/662/EEC                                                              |1 July 1992                                                            |
|90/675/EEC                                                              |1 July 1992                                                            |
|91/67/EEC                                                               |31 December 1992                                                       |
|91/492/EEC                                                              |31 December 1992                                                       |
|91/493/EEC                                                              |31 December 1992                                                       |
|91/494/EEC                                                              |1 May 1992                                                             |
|91/495/EEC                                                              |1 January 1993                                                         |
|91/496/EEC                                                              |1 July 1992                                                            |
|92/45/EEC                                                               |31 December 1993                                                       |
|92/46/EEC                                                               |31 December 1993                                                       |
|92/67/EEC                                                               |30 June 1992                                                           |
|92/118/EEC                                                              |31 December 1993                                                       |
|2004/41/EC                                                              |1 January 2006                                                         |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 89/662/EEC                                                 |This Directive                                                       |
|Articles 1, 2 and 3                                                  |Articles 1, 2 and 3                                                  |
|Article 4(1), introductory words                                     |Article 4(1), introductory words                                     |
|Article 4(1), first indent                                           |Article 4(1)(a)                                                      |
|Article 4(1), second indent                                          |Article 4(1)(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 6                                                            |
|Article 7(1)(a)                                                      |Article 7(1)                                                         |
|Article 7(1)(b), first subparagraph, introductory words              |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 subparagraph                          |Article 8(1), first and second subparagraph                          |
|Article 8(1), third subparagraph                                     |Article 8(2), first subparagraph                                     |
|Article 8(1), fourth subparagraph, introductory words                |Article 8(2), second subparagraph, introductory words                |
|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), eight subparagraph                                     |Article 8(2), sixth subparagraph                                     |
|Article 8(1), ninth subparagraph                                     |Article 8(3)                                                         |
|Article 8(1), tenth subparagraph                                     |Article 8(4)                                                         |
|Article 8(2)                                                         |Article 8(5)                                                         |
|Article 8(3)                                                         |Article 8(6)                                                         |
|Articles 9 and 10                                                    |Articles 9 and 10                                                    |
|Article 11, first subparagraph, introductory words                   |Article 11, first subparagraph, introductory words                   |
|Article 11, first subparagraph, first indent                         |Article 11, first subparagraph, point (a)                            |
|Article 11, first subparagraph, second indent                        |Article 11, first subparagraph, point (b)                            |
|Article 11, first subparagraph, third indent                         |Article 11, first subparagraph, point (c)                            |
|Article 11, first subparagraph, fourth indent                        |Article 11, first subparagraph, point (d)                            |
|Article 11, second subparagraph                                      |Article 11, second subparagraph                                      |
|Article 12                                                           |-                                                                    |
|Article 13                                                           |-                                                                    |
|Article 14                                                           |Article 12                                                           |
|Article 15                                                           |-                                                                    |
|Article 16                                                           |Article 13                                                           |
|Article 17(1) and (2)                                                |Article 14(1) and (2)                                                |
|Article 17(3)                                                        |Article 14(4)                                                        |
|Article 18(1)                                                        |-                                                                    |
|Article 18(2)                                                        |Article 14(3)                                                        |
|Article 19                                                           |Article 15                                                           |
|Article 20                                                           |-                                                                    |
|Article 22                                                           |-                                                                    |
|-                                                                    |Article 16                                                           |
|-                                                                    |Article 17                                                           |
|Article 23                                                           |Article 18                                                           |
|Annex A                                                              |Annex I                                                              |
|Annex B                                                              |Annex II                                                             |
|-                                                                    |Annex III                                                            |
|-                                                                    |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   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.
[4]   Annex III, Part A, of this proposal.
[5]   OJ C
[6]   OJ C
[7]   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).
[8]   See Annex III, Part A.
[9]   OJ L 184, 17.7.1999, p. 23.
[10]  OJ L 24, 30.1.1998, p. 9.
[11]  OJ L 378, 31. 12.1982, p. 58.
[12]  OJ L 18, 23.1.2003, p. 11.
[13]  OJ L 151, 14.6.2005, p. 3.
[14]  OJ L 31, 1.2.2002, p. 1.
[15]  OJ L 18, 23.1.2003, p. 11.
[16]  OJ L 139, 30.4.2004, p. 55.
[17]  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).
[18]  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004, p. 1).
[19]  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).