CELEX: 51988PC0742(02)
Language: en
Date: 1988-12-21
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 72/462/EEC ON HEALTH AND VETERINARY INSPECTION PROBLEMS UPON IMPORTATION OF BOVINE ANIMALS AND SWINE AND FRESH MEAT FROM THIRD COUNTRIES, IN ORDER TO INCLUDE OVINE AND CAPRINE ANIMALS

No C 48/36                              Official Journal of the European Communities                                   27. 2. 89
              Proposal for a Council Directive amending Directive 72/462/EEC on health and veterinary
              inspection problems upon importation of bovine animals and swine and fresh meat from third
                                   countries, in order to include ovine and caprine animals
                                                      COM(88) 742 final
                                      (Submitted by the Commission on 9 January 1989)
                                                          (89/C 48/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European                                        Article 1
Economic Community, and in particular Article 43 thereof,
                                                                   Directive 72/462/EEC is hereby amended as follows:
Having regard to the proposal from the Commission,                 1. The title is replaced by the following:
                                                                       'Council Directive of 12 December 1972 on health and
                                                                       veterinary inspection problems upon importation of
Having regard to the opinion of the European Parliament,               bovine, ovine and caprine animals and swine and fresh
                                                                       meat from third countries'.
Having regard to the opinion of the Economic and Social            2.  In Article 1 (1), the following indent is added:
Committee,
                                                                       '— domestic ovine or caprine animals for breeding,
                                                                            production or slaughter'.
Whereas Council Regulation (EEC) No... lays down the
veterinary inspection conditions governing intra-Com-              3.  In Article 2, the first paragraph is replaced by the
munity trade in ovine and caprine animals; whereas, in                 following:
order to enable that trade to develop harmoniously,
common rules should be laid down as regards imports from               'For the purposes of this Directive, the definitions given
third countries;                                                       in Article 2 of Directives 64/432/EEC, 64/433/EEC,
                                                                       72/461/EEC and Council Regulation (EEC) No... (*)
                                                                       shall apply as necessary.
Whereas Council Directive 72/462/EEC (*), as last amen-
                                                                       (i) OJ No L...'
ded by Directive 88/289/EEC (2), lays down health and
veterinary inspection requirements for the importation of
bovine animals and swine and fresh meat from third                 4.  In the second paragraph of Article 2, point (c) is
countries;                                                             replaced by the following:
                                                                       '(c) "third country" means a country in which
                                                                             Directives 64/432/EEC and 64/433/EEC and
Whereas ovine and caprine animals belong, together with                      Regulation (EEC) No ... do not apply'.
bovine animals, to the Bovidae family and are receptive to
the same diseases; whereas the Community's livestock is
exposed to a similar risk in respect of imports from third         5.  In the second paragraph of Article 2, point (e) is
countries; whereas reference should therefore generally be             replaced by the following:
made to the rules laid down in Directive 72/462/EEC,
subject to any changes which may be required in the light of           '(e) "holding" means an officially supervised agricul-
the special characteristics of ovine and caprine animals,                    tural, industrial or commercial undertaking
                                                                             situated in the territory of a third country, on
                                                                             which bovine animals or swine, for rearing,
                                                                             production or slaughter, or ovine or caprine
(!) OJ No L 302, 31. 12. 1972, p. 28.                                        animals for breeding, production or slaughter are
(2) OJ No L 124, 18. 5. 1988, p. 31.                                         regularly kept or bred.'
 ---pagebreak--- 27. 2. 89                               Official Journal of the European Communities                                No C 48/37
6.  In Article 3(1) and the first subparagraph of Article 3        11. In Article 9, 'bovine animals and swine' is replaced by
    (2), 'bovine animals, swine' is replaced by 'bovine,               'bovine, ovine and caprine animals and swine'.
    ovine and caprine animals and swine'.
                                                                   12. In Article 10, in the first sentence, 'bovine animals and
                                                                       swine' is replaced by 'bovine, ovine and caprine
7. The title of Chapter II is replaced by the following:               animals and swine'.
                                                                   13. Article 10 (a) is replaced by the following:
    'Chapter II: Importation of bovine, ovine and caprine
    animals and swine'.                                                '(a) six months in the case of bovine animals or swine,
                                                                             for breeding or production, ovine or caprine
                                                                             animals for breeding and ovine or caprine animals
                                                                             for production;'
8. The first indent of Article 6 (a) is supplemented by the
    following:                                                     14. The first subparagraph of Article 11 (1) is replaced by
                                                                       the following:
    Teste des petits ruminants, Epizootic Haermorrhagic                'Member States shall not authorize the importation of
    Disease, sheep pox, goat pox and Rift Valley Fever'.               bovine, ovine or caprine animals or swine unless a
                                                                       certificate drawn up by an official veterinarian of the
                                                                       exporting third country is produced'.
9.  Article 8 (2) is replaced by the following:
                                                                   15. Article 11 (l)(d) is replaced by the following:
                                                                       '(d) attest that the bovine, ovine or caprine animals or
    '2. It may be decided, in accordance with the                             swine meet the requirements of this Directive and
    procedure laid down in Article 29, that authorizations                    those laid down pursuant to this Directive with
    are to be confined to particular species, to bovine                       regard to importation from the third country
    animals or swine for slaughter, rearing or production,                    concerned;'
    to ovine or caprine animals for slaughter, breeding or
    production or to animals intended for particular
    purposes, or that all necessary animal health measures         16. Article 12 (1) is replaced by the following:
    are to be applied after importation.
                                                                       ' 1 . Member States shall ensure that domestic bovine,
                                                                       ovine and caprine animals and domestic swine are
                                                                       subjected immediately upon arrival in the territory of
    In the case of animals for breeding, rearing or                    the Community to an animal health inspection carried
    production, requirements imposed pursuant to this                  out by an official veterinarian, whatever the customs
    paragraph may vary from one Member State to another                procedure under which they were declared.'
    in order to take account of the special provisions for the
    benefit of Member States in the framework of intra-
    Community trade.'                                              17. The introductory sentence of Article 12 (2) is replaced
                                                                       by the following:
                                                                        'Member States shall ensure that bovine, ovine and
10. Article 8 (3) is replaced by the following:                        caprine animals and swine are prohibited from
                                                                       movement within the Community if, during the
                                                                       inspection prescribed in paragraph 1, it is found that:'
    '3. The reference basis for fixing animal health
    conditions in accordance with paragraph 1, for bovine          18. The third indent of Article 12 (2) is replaced by the
    tuberculosis, bovine and swine brucellosis, ovine and               following:
    caprine brucellosis (B. melitensis) and contagious
    epidydimitis (B. ovis) shall be the standards laid down             '— the conditions laid down in this Directive and in
    in Annex A to Directive 64/432/EEC or Annexes A, C,                      Annexes A to D to Directive 64/432/EEC or
     and D to Regulation (EEC) No... It may be decided, in                   Annexes A, C and D to Regulation (EEC) No...
     accordance with the procedure laid down in Article 29,                  have not been complied with by the exporting third
     on a case-by-case basis to derogate from those                          country.'
     standards where the third country concerned provides
     similar animal health guarantees; in that case, animal
    health conditions at least equivalent to those in the said     19. Article 12 (4) is replaced by the following:
    Annexes shall be laid down in accordance with the
     same procedure in order to permit the entry of such                '4. The certificate accompanying bovine, ovine or
     animals into Community herds or flocks.'                           caprine animals and swine on importation must,
 ---pagebreak--- No C 48/38                               Official Journal of the European Communities                                  27. 2. 89
    following the animal health inspection (import inspec-          22. In the third subparagraph of Article 30 (4), 'save where
    tion), include a statement clearly indicating whether                the Council has decided by a simple majority against
    the animals have been admitted or refused entry.'                    those measures' is deleted.
20. Article 27 (l)(a) is replaced by the following:                                          Article 2
                                                                    Member States shall bring into force the laws, regulations
                                                                    and administrative provisions necessary to comply with
    ' (a) the frontier inspection posts for the importation of
                                                                    this Directive not later than 1 August 1989. They shall
          bovine, ovine or caprine animals and swine;'
                                                                    notify the Commission there of forthwith.
21. In the third subparagraph of Article 29 (4), 'save where                                 Article 3
    the Council has decided by a simple majority against
    those measures' is deleted.                                     This Directive is addressed to the Member States.