CELEX: 51988PC0383
Language: en
Date: 1988-08-01
Title: Proposal for a COUNCIL REGULATION (EEC) concerning veterinary checks in intra-Community trade with a view to the completion of the internal market#Proposal for a COUNCIL REGULATION (EEC) on intensifying controls on the application of the veterinary rules#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1468/81 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 383
Vol. 1988/0138
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                               .^\\\        COM ( 88 ) 383 final
               ,'Ί                          Brussel ?,      July 1988
              V 3
                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
   concerning veterinary checks in intra-Community trade with a view
                  to the completion of the internal market
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
  on intensifying controls on the application of the veterinary rules
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
   amending Regulation ( EEC ) No 1468 / 81 on mutual assistance between
  the administrative authorities of the Member States and cooperation
      between the latter and the Commission to ensure the correct
       application of the law on customs or agricultural matters
                        ( presented by the Commission )
 ---pagebreak---                                            n -
                                 EXPLANATORY MEMORANDUM
I. COMPLETION OF THE INTERNAL MARKET IN THE VETERINARY SECTOR
   With the adoption of the Single European Act , the Community has embarked
   upon a programme to eliminate all controls at frontiers . This undertaking
   is based on Article 8A , and the programme is set out in the Commission 's
   White Paper of June 1985 .     This major political undertaking has
   implications for all areas affected by barriers to trade , and hence also
   for the field of veterinary legislation .
      A. General
      1 . In order to complete the internal market the Commission included in
            its "white paper" to the Council a timetable covering veterinary
           legislation whose role is essential , since , in spite of the progress
           that has been achieved , barriers still exist to free trade in
           livestock and livestock products which undermine the smooth
           functioning of the common market organization . In the animal health
           field , different health situations and different decisions in respect
           of the significance of certain diseases and their control have
           impeded the realisation of a free internal market . Similarly in the
           public health field different health and inspection rules remain and
           still present barriers .
      2 . Up until now Community health rules have been laid down , in
           particular for cattle and pigs and their meat and meat products , in
           relation to intra-Community trade in specific animals and products .
           In places these rules have been extended to production for the
         . domestic market and to imports from third countries . In the animal
           health sector it has been necessary to extend these rules to the
           establishment of common measures for the control and eradication of
           certain major diseases . Considerable progress has already been made
           in this way in respect of tuberculosis , brucellosis , and swine fever .
 ---pagebreak---                                   - 2 -
     In the public health sector standards have been established for
     intra-Community trade in certain products ( meat , meat products , milk )
     and in certain cases for national production .  This has included
    measures in such areas as the use of hormones and the control of
     residues in animals and animal products .
     In both the animal and public health sectors common rules have
     already been established for the importation of certain animals and
     their products from third countries .
    An essential feature of this work is the compelling need to ensure
    that the free movement of animals and their products does not entail
    at the same time the spread of diseases and poisoning which will
    affect the health of Community citizens or livestock .
3 . In striving for this goal it has been necessary to ensure that the
    result does not create in itself unnecessary trade barriers , and
    takes into account the needs of Community producers , consumers , trade
    and commerce , and particular concerns in relation to the environment ,
    the protection of animals and small businesses amongst others .
    Similarly it is essential to take account of the consequences of
    Community decisions in this sector in relation to the international
    obligations of the Community and its Member States .
B. The internai market
    To achieve the completion of the internal market it is essential to
    accelerate and intensify the progress so far achieved .
    In the animal health sector comprehensive steps will be taken to have
    a more systematic general approach in order to establish common
    measures for the control or eradication of animal diseases where
    necessary .  Steps must be taken to accelerate the existing
    eradication schemes in the Member States in order to arrive at a
    common health level as soon as possible .  Proposals will be made
    before the end of 1988 in particular in respect of foot and mouth
 ---pagebreak---                                            - 3 -
             disease .  Only by talcing this approach will we be able to make
             progress in reconciling differences and create the basis for free
            circulation .
            In the public health field the system of common health standards
            will be extended to certain specially sensitive products where this
            is shown to be necessary . These existing standards will be extended
            progressively to national production . At the same time it is
            already necessary to provide for the remainder of the sector . The
            Commission will make proposals before the end of 1988 .
            In both sectors a common regime for imports from third countries
            will have to be introduced to ensure the protection of health in the
            Community .
            In 1988 , the Commission will make a proposal to eliminate existing ;
            frontier inspections for welfare purposes , and to replace them with
           other measures for ensuring the welfare of animals during
           transportation .
           Parallel action must be undertaken in relation to controls .     The
           final objective must be the application of the same health controls
           to animals and animal products whether they be destined for the
           national market or for intra-Community trade .
II . PROPOSALS CONCERNING CONTROLS IN THE VETERINARY SECTOR
     The Commission is presenting three proposals to the Council . It is clear
     that the objectives set as regards controls can only be achieved
     gradually . As a first step veterinary controls at the internal frontiers
     of the Community must be discontinued . At the same time the safeguard
     clause must be extended and modified to cover the whole sector .    This is
     the aim of the first proposal .
 ---pagebreak---                                     - 4 -
The second proposal provides for the reinforcement of veterinary controls
through the establishment of rules which would apply both during the
transitional period and at the Internal market stage .
The third proposal clarifies the applicability of the Community rules
concerning mutual assistance between the control services of the Member
States , to make It clear that they apply to the veterinary and plant
health sectors .
1 . PROPOSAL FOR A COUNCIL REGULATION CONCERNING VETERINARY CHECKS IN
    RESPBCT OF INTRA-COMMUNITY TRADE IN RELATION TO THE COMPLETION Qg THg
    INTERNAL MARKET
    In order to complete the Internal market end in conformity with the
    "white paper " the Commission considers it necessary in the first place
    to discontinue veterinary checks at the internal frontiers * to insist
    upon controls at the place of production , and to adopt provisions
    concerning controls at the place of destination .
    The exporting Member state must be obliged to make veterinary checks in
    accordance with Community legislation or that of the Member State of
    destination for the areas not yet the subject of Community legislation ,
    subject to Article 36 of the Treaty , in particular the consigning
    Member State must take all action necessary to prevent goods from
    leaving a zone or holding that is under prohibition . The consigning
    Member State will also be under an obligation to carry Out all
    specified control operations for the consignment of goods to higher
    status zones .  Under certain circumstances for the most serious
    diseases this will involve control operations at the point of removal
    from the lower status area .
    The Commission Intends to develop this approach .
    In addition , goods may not be dispatched from a Member State to other
    Member States if they cannot be marketed in the territory of the
    country of production for reasons justified by Article 36 of the Treaty .
    Checks at the place of destination must only be made by sampling .
    However , in the case of live animals , quarantine rules apply when this
    is Justified . This underlines the temporary character of the
    approach . Nonetheless , provision should be made when irregularities
    are seriously suspected to permit checks to be made during the
    transportation of the goods . Veterinary checks at the place of
    destination must no longer be linked with customs operations .
 ---pagebreak---                                 - 5 -
The proposal provides also for measures to be taken when controls made
 at the place of destination disclose irregularities ( supporting
documents not in order , existence of a serious disease , other measures ).
At the same time the extension of the arbitration system in the event
of disputes between Member States is proposed . This should provide a
basis for solving problems and should help establish confidence between
Member States , where necessary involving the Commission .
In order for this approach to have a real impact it must cover all
products whether or not subject to Community harmonization measures ,
and whether or not of Community origin .
This general approach implies recourse to and the development of a
mutual information system and the extension and amendment of. the
safeguard clause to cover the whole sector .
It is necessary for non-harmonized products that the Member States are
fully informed of the requirements of other Member States in respect of
both goods of Community origin and imports from third countries . The
above requirements must be limited to those covered by Article 36 of
the Treaty . The Commission will see to this . In addition , for live
animals and for certain sensitive products , specific information must
be provided to the country of destination , with a view to facilitating
possible controls .
For the safeguard clause to be effective , primary responsibility must
rest with the Member State of dispatch .   The Commission must be able to
act speedily , in particular to make on-the- spot investigations and
adopt appropriate decisions . This will help prevent measures being
taken by the Member State of destination .
 ---pagebreak---                                           6
2 . PROPOSAL FOR A COUNCIL REGULATION ON THE REINFORCED CONTROL OF THE
     APPLICATION OF VETERINARY REGULATIONS
     In addition to the above measures which must be taken concerning
     guarantees required to be given at the place of origin and the
     discontinuance of internal frontier checks it is essential that other
    Community steps be taken to ensure the uniform and coordinated
     application of these rules and the control of irregularities and
    fraud . These may take the following three forms :
      i ) Community checks
           In the majority of the sectors concerned provision is made for
           Commission experts to make on- the- spot checks , in so far as is
           necessary to ensure the uniform application of Community rules .
           This provision applies not only to the application of Community law
          within the Community but also , where appropraite , to imports from
           third countries .
          To this end the Council has already made provision in certain
          fields for on-the - spot checks . This inspection system is operating
           in a satisfactory fashion and in general the Commission does not
          find it necessary to modify it . Steps must be taken , however , to
          extend it to those areas not covered at present . The Community
          institutions must ensure that adequate budgetary resources and
          staff are provided to carry out the tasks laid down .
    ii ) Reinforcement of_the_control_of application of_Community_veter inary
          ie&islation
          The object of the second Commission proposal is threefold :
          Firstly , to reinforce the measures taken by Member States to
          control the correct application of Community rules so :
          - that controls are carried out in a uniform way at all stages
             from  the farm to the consumer ,
 ---pagebreak---               - that the controls are carried out in the same way for products
                  intended for other Member States and for products for the
                 domestic market ,
              - that appropriate penalties are imposed when infringements of the
                  legislation are established .
              Secondly , to reinforce the system of coordination between the
              services concerned , both within the Member States and between the
              Member States and the Commission .
              Thirdly , to ensure that the structure and operation of the control
              authorities involved are adequate for carrying out the tasks
              required .
      3 . PROPOSAL FOR A REGULATION AMENDING REGULATION ( EEC ) 1468 / 81 ON MUTUAL
          ASSISTANCE BETWEEN THE ADMINISTRATIVE AUTHORITIES OF THE MEMBER STATES
          AND COOPERATION BETWEEN THE LATTER AND THE COMMISSION TO ENSURE THE
          CORRECT APPLICATION OP THE LAW ON CUSTOMS AND AGRICULTURAL MATTERS
          A proposal is made to indicate clearly that the existing Community
          provisions concerning mutual assistance between the responsible
          authorities of the Member States and cooperation between the Member
          States and the Commission to ensure the correct application of the law
          on customs and agricultural matters apply fully to the veterinary
          legislation sector . Such clarification is considered to be necessary
          in order to avoid any ambiguity at Community level . Similarly it is ’
          proposed that the same clarification be made for the plant health
          sector .
III . OTHER MEASURES TO PROMOTE MUTUAL TRUST AND UNIFORM APPLICATION
      These proposals will be accompanied by parallel measures which are
      already being prepared to improve the trust between Member States'
      authorities concerning the health checks and guarantees which are applied
      in the different parts of the Community .
 ---pagebreak---                                          - 8 -
      In order to assist , at Community level , the coordination of and liaison
      between the National Reference Laboratories of the Member States ,
      provision is already made in a number of areas ( eg . swine fever and
      foot- and-mouth disease diagnosis , hormone checks , residue checks ) for the
      establishment of Community reference laboratories . This approach will be
      continued and be the subject of separate proposals as necessary . It is
      evident that this approach must go even further in some fields , in
      particular regarding the determination by the Commission of reference
      reagents and materials for use in prescribed methods of analysis ,
      inspection , verification and control .
     Using its own resources the Commission will investigate the possibility
     of developing some of the other actions it has already supported .      These
     include support for common research projects and the organization of
     workshops on laboratory practice and of Community seminars . In addition ,
     the Commission will continue to develop the system which it already put
     into operation in 1987 in the veterinary legislation sector as regards
     cooperation between officials of the Member States and the Commission .
     ( It should be recalled that during the current year 17 exchanges have
     taken place involving 12 officials , 3 experts and 2 trainers .) It will
     also develop a programme for the possible exchange of officials from
     Member States .
IV . In its proposals the Commission decided on the regulatory committee
     procedure . In this particular case that choice is justified by its
     concern not to upset the management mechanisms relating to veterinary
     controls . It does not affect the Commission 's general preference for
     the advisory committee formula .
 ---pagebreak---                                     Proposal for a
                              COUNCIL REGULATION ( EEC )
         concerning veterinary checks in intra-Community trade with a view
                     to the completion of the internal market
 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 the Community is to adopt measures designed to establish the internal
market progressively over a period expiring on 31 December 1992;
Whereas the harmonious operation of the common organization of 'the market in
livestock , livestock products , products of animal origin and , in certain cir¬
cumstances , plants implies the dismantling of veterinary barriers to the
development of intra-Community trade in the products concerned ; whereas in
this respect the free movement of agricultural products is a fundamental
feature of the common organization of markets and should facilitate the ratio¬
nal development of agricultural production and the optimum use of the factors
of production ;
Whereas in the veterinary field frontiers are currently being used for carry¬
ing out checks aimed at safeguarding public health and animal health ;
Whereas the ultimate aim between now and 1992 is to ensure that veterinary
checks are carried out at the place of dispatch only ; whereas the attainment
of this objective implies the harmonization of the basic requirements relating
to the safeguarding of public health and animal health ;
                                                                           3
 ---pagebreak--- Whereat with a view to the completion of the internal market , provision should
 be made for a first step ; whereas this consists in placing the emphasis on the
 checks to be carried out at the place of dispatch and in organising those that
 could be carried out at the place of destination ; whereas such a solution
would entail the suspension of veterinary checks at the Community 's Internal
 frontiers ;
Whereas this solution implies Increased confidence in the veterinary checks
carried out by the State of dispatch ; whereas the latter must ensure that such
veterinary checks are carried out in an appropriate manner ; in particular the
consigning Member State must take all action necessary to prevent goods from
leaving prohibited zones and to ensure that goods can enter higher status
zones ; whereas consequently in certain situations control operations will
have to be carried out at the point of removal from lower status zones ;
Whereas In the State of destination spot veterinary cheeks could be carried
out at the place of destination ; whereas , however , in the event of a serious
presumption of irregularity , the veterinary check could be carried out while
the goods are in transit ;
Whereas provision must be made for the action to be taken where a veterinary
check discloses that the consignment la irregular ; whereas in such a situation
three possible solutions may be singled out t 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 la found that there has been an outbreak of an
epizootic disease or any new serious and contagious disease , while the third
would arise where the goods do not satisfy the requirements laid down for
reasons other than those referred to above ;
Whereas provision should be made for a procedure for resolving conflicts which
could arise concerning consignments from an establishment , holding , production
centre or undertaking ;
Whereas in order that the new system of veterinary checks may operate harmo¬
niously and effectively , a notification system must be established ; whereas
special rules must be laid down , as part of this notification system , for
intra-Community trade in livestock , and for trade in goods the veterinary
conditions governing which have not yet been harmonized at Consnunity level ;
 ---pagebreak---                                          - 3 -
Whereas provision must be made for protective measures ; whereas in this area ,
 especially for reasons of effectiveness , responsibility must rest firstly with
 the Member State of dispatch ; whereas the Commission must be able to act
 speedily , in particular by way of on-the-spot visits and adopting measures
  appropriate to the situation;
Whereas in order to be effective , the rules laid down by this Regulation must
cover all goods that are subject in the case of intra-Community trade to vete¬
rinary requirements ; whereas , in view of the current state of harmonization ,
goods that are not the subject of harmonized rules should comply with the
requirements of the State of destination provided that the latter are in
conformity with Article 36 of the Treaty ;
Whereas the provisions of existing Directives should be adapted to the new
rules laid down in this Regulation ;
Whereas the Commission should be entrusted with the task of adopting measures -
for applying this Regulation ; whereas , to that end , provision should be made
for procedures establishing close and effective cooperation between the Com¬
mission and the Member States within the Standing Veterinary Committee ,
HAS ADOPTED THIS REGULATION :
                                      Article 1
1 . The Member States shall , in intra-Community trade , carry out veterinary
    checks in accordance with the provisions of this Regulation .
2 . The provisions of this Regulation shall be without prejudice to the conti¬
    nued application of the veterinary requirements which the products concer¬
    ned must meet pursuant to Community directives or , where those requirements
    have not yet been harmonized at Community level , under national provisions
    which satisfy the conditions of Article 36 of the Treaty .
                                                                            H
 ---pagebreak---                                             4
                                        Article 2
 For the purposes of this Regulation :
 1 . ’Veterinary check * means any physical check or administrative formality
      which applies to livestock , livestock products or products of animal origin
      and which is intended for the protection , direct or otherwise , of public or
      animal health and any physical check or administrative formality which
      applies to plants and is intended for the protection of animal health .
 2 . 'Intra-Community trade' means trade between two Member States in goods
     which satisfy the requirement of Article 9(2 ) of the Treaty .
3 . 'Veterinary requirements' mean requirements intended for the protection of
     public or animal health not including those relating to additives .
4 . 'Competent authorities of the Member States' means authorities of the
     Member States competent in veterinary matters .
                    CHAPTER I - Organization and effects of checks
                                       Article 3
1 . Member States of dispatch shall carry out veterinary checks in accordance
     with the provisions of Community directives . Where there is no
     harmonization at Community level they shall ensure the conformity of
     livestock or livestock products with the rules of the Member State of
     destination where these are justified in the light of Article 36 of the
     Treaty .
2 . Member States shall not permit the dispatch to other Member States of goods
     that cannot be marketed in their own territory for reasons
     justified in the light of Article 36 of the Treaty .
 ---pagebreak---                                         Artide 4
 1 . In the Member State of destination spot veterinary checks shall be carried
      out at the place of destination of the consignment . However , where there
      is a strong suspicion of irregularity , the veterinary check may be
      carried out while the goods are being transported .
 2 . Veterinary checks may be carried out at the place of destination of a
      consignment without prejudice to the authorization given by the customs
      authorities of the Member State of destination to dispose of the goods .
                                        Article 5
 1 . Where Community rules or , in areas which have not yet been harmonized ,
     national provisions which comply with the general rules of the Treaty
     require that live animals be put into quarantine , the latter shall normally
     take place at the holding of destination .
2 . A quarantine station may be used if this is justified in the Light
     of exceptional circumstances . Such station shall be regarded as the place
     of destination of the consignment . The Member State concerned shall notify
     the Commission of the grounds on which such action is being 'taken .
3 . Obligations relating to quarantine and the location of the latter shall
     be specified in the veterinary requirements referred to in Article 10(1 ).
                                       Article 6
1 . If during a check carried out at the place of destination of a consignment
     the competent authorities of the Member State of destination find that the
     consignment is accompanied by documents which are not in order , they shall
     contact the competent authorities of the Member State of dispatch without
     delay . The latter authorities and those of the Member State of destination
     shall cooperate with a view to rectifiying the documents concerned and , if
     necessary , obtaining the additional official particulars required .
 ---pagebreak---                                             6
 2 . If the documents cannot be put right within a reasonable period the
      provisions of Article 8 shall apply .
 3 . Detailed rules for the application of this Article shall be adopted , if
      necessary , in accordance with the procedure laid down for in Article 16 .
                                        Article 7
 1 . If during a check carried out at the place of destination of a consignment
      the competent authorities of the Member State of destination establish the
      presence of an epizootic or any new serious and contagious disease they
      shall order that the animals be slaughtered at once or that the consignment
      be destroyed .
 2 . The competent authorities of the Member State of destination shall without
     delay notify the Commission and the competent authorities of the other
     Member States of the measures taken and the reasons for taking such
     action . The Member State of dispatch and , where appropriate , the Member
     State of destination and the Commission shall put into effect the measures
     provided for in Article 12 .
3 . If during the transit of livestock the competent authorities' of the State
     of transit find that an epizootic or any new serious and contagious disease
     has   broken out      they shall order that the animals be slaughtered
     without delay .  They shall immediately notify the competent authorities of
     the State of dispatch , the other Member States and the Commission of the
     measures taken and of the reasons for taking such action .   The Member State
     of dispatch and , where necessary , the Member State of transit and the
     Commission shall put into effect the measures provided for in Article 12 .
4 . Costs relating to the slaughter of the animals or the destruction of the
     consignment shall be borne by the consignor or hi3 agent .
5 . Detailed rules for the application of this Article shall be adopted , if
     necessary , in accordance with the procedure laid down for in Article 16 .
 ---pagebreak---                                            - 7 -
                                         Artide 8
 1 . If during a check carried out at the place of
      destination of a consignment the competent
      authorities of the Member State of destination find for reasons other than
      those referred to in Articles 6 and 7 that the goods do not meet the
      conditions laid down by Community directives or , in areas which have not
      yet been harmonized at Community level , by the . rules of that Member State, the said
      authorities shall give the consignor or his representative the choice of :
      - returning the consignment to the Member State of dispatch ,
      - using the goods for other purposes , or
      - destroying the goods .
 2 . In the case of livestock the competent authorities of the State .of
      destination may take the necessary measures , including quarantine , with a
     view to clarifying - the situation of animals which are suspected of having
      contracted or of having been contaminated with a contagious disease or of
     representing a threat of the spread of such a disease .
3 . The competent authorities of the State of destination shall take all
     necessary measures to prevent the improper use of the goods .        The use to
     which the goods are to be put shall be shown clearly in a veterinary
     certificate or accompanying veterinary documents .
4 . Where a consignment is rejected the Member State concerned shall authorize
     its re-consignment , transit or re-importation as appropriate .
5 . Decisions taken by the competent authorities of the State of destination and the
     reasons for such decisions shall be notified to the consignor or his
     representative .  The said decisions and reasons shall , if the consignor or
     his representative so requests , be forwarded to him in writing with details
     of the rights of appeal which are available to him under the law in force
     and of the procedure and time limits applicable .
6 . Member States shall grant consignors the right to require that an expert be
     consulted before the decisions referred to in paragraph 1 are put into
     effect . The expert must be a national of a Member State other than the
     Member State of dispatch or the Member State of destination .
 ---pagebreak---                                                     8
      The Commission shall draw up , on a proposal from the Member States , a list
      of experts who may be consulted pursuant to the preceding subparagraph .
 7 . Detailed rules for the application of this Article shall be adopted , if
      necessary , in accordance with the procedure laid down for in Article 16 .
 8 . The costs of returning the consignment , providing lairage for the animals ,
      putting the goods to other uses , destroying them or , where applicable , con¬
      sulting an expert , shall be borne by the consignor or his representative .
                                               Article 9
1 . If , following checks carried out at the place of destination of a consign¬
     ment , a Member State considers that an establishment , holding , production
     centre or undertaking in another Member State does not meet the veterinary
     requirements of its national provisions , or that in areas where
     harmonization has taken place at Community level the provisions of
     Community directives and in particular those governing approval have not
     been or are no longer met , it shall notify the competent central authority
     of that Member State .
2 . The competent central authority of the Member State of dispatch shall take all measures necessary
     including, where appropriate, the withdrawal of approval and shall notify the central
     competent authority of the Member State of destination of the measures it
     has taken and the reasons for taking such action .
3 . If the Member State of destination suspects that the measures referred to in paragraph 2 may not be
     taken or may be inadequate it shall together with the Member State of dis ¬
     patch seek ways of remedying the situation , if necessary by an on-the- spot
     inspection . Member States shall keep the Commission informed of any
     disputes which have arisen and of the solutions which have been applied .
 ---pagebreak---                                                      9
  4 . If the Ment>er States referred to in paragraph 3 are inable to reach agreement, one of them shall,
       within a reasonable period , bring the matter before the Commission which
       shall instruct one or more experts to deliver an opinion on it . Pending
       such opinion the Member State of dispatch shall carry out more stringent
       checks on goods coming from the establishment , holding , production centre
      or undertaking concerned . The Member State of destination may increase the
      number of checks at the place of destination of the consignment on goods
      from the establishment , holding , production centre or undertaking
      concerned .     The Commission shall , at the request of either of the Member
      States concerned , immediately instruct an expert to go to the place of
      dispatch with a view to proposing appropriate protective measures .
 5 . The Commission may , in the light of the experts' opinions , adopt suitable
      measures in accordance with the procedure laid down                    in Article 15 .
      These may include requiring the Member State of dispatch to prohibit the
      dispatch of goods from an establishment , holding , production plant or
      undertaking .                                                                            '
6 . The Commission shall monitor the situation in the establishment , holding ,
      production centre or undertaking concerned and may , in accordance with the
     procedure laid down            in Article 15 , alter or suspend the measures refer¬
     red to in paragraph 5 , in particular where a new opinion is delivered by
     one or more experts .
7 . In the event of a dispute necessitating recourse to a method and /or refe¬
     rence standards , a solution shall be sought on the basis of a recognized
     method and / or reference standards following consultation of the Scientific
     Veterinary Committee , in accordance with the procedure laid down in
     Article 16 .
8 . Detailed rules for the application of this Article shall be adopted , where
     necessary , in accordance with the procedure laid down in Article 16 . -
                                                                                                  1)
 ---pagebreak---                                           - 10 -
                                CHAPTER II - Notification
                                       Article 10
 1 . Member States shall provide each other and the Commission with the fullest
      information on the veterinary requirements which goods must meet in order
      to be allowed into their territory , and of any amendments to those require ¬
     ments .
2 . Detailed rules for the application of this Article , and in particular the
     measures necessary to computerize the list of the requirements referred to
      in paragraph 1 , shall be adopted in accordance with the procedure laid down
      in' Article 16 .
                                       Article 11
1 . Member States shall ensure that , where the veterinary requirements for
     trade in products have not yet been harmonized at Community level , and in
     the case of trade in livestock , the notification arrangements provided for
     in this Article are put into effect .
2 . In order to take account of certain specific, situations the Commission may , in
     accordance with the procedure laid down in Article 16 , widen the scope of
     the notification arrangements provided for in this Article .
3 . The competent authorities of the Member State of dispatch shall , as soon as
     each consignment leaves their territory , notify the competent authorities
     of the Member State of destination . Notification shall, in principle, consist in
     sending , by the fastest means of communication available , a copy of the
      veterinary certificate which must accompany each consignment .
4 . In the case of the transit of livestock , the Commission shall , in
     accordance with the procedure laid down in Article 16, adopt rules for
     notifying the Member States of transit .
5 . Detailed rules for the application of this Article , in particular the
     means of communication to be used and the list of products referred to in
     paragraph 1 , shall be adopted , where necessary , in accordance with the
     procedure laid down in Article 16 .
 ---pagebreak---                                                 - 11 -
                                CHAPTER III – Protective measures
                                             Article 12
 1 . Each Member State shall immediately notify the other Member States and the
      Commission of any outbreak: or suspected outbreak in its territory of a con¬
      tagious animal disease which is likely to pose a threat to animals , or of
      an animal disease which is transmissible to humans and which constitutes a
      serious hazard to public health . It shall also notify the Commission and
      the other Member States of the measures it has taken. The latter must be
      such as to prevent the disease from spreading in the Community, and to prevent
      any risk to public health .
 2 . Representatives of the Commission may go at once to the place concerned . If
      the Commission considers that the measures referred to in paragraph 1 are
      inadequate, it shall as soon as possible take such decision as it considers
      justified in the light of the situation .
3 . The Commission shall review the situation within the Committee referred to in Article 15
     at the earliest opportunity. It may adopt, in accordance with the procedure laid down
     in Article 15 , such decisions as may be called for . The Commission shall
     monitor the situation and , in accordance with the procedure 'laid down '
     in Article 15 , amend or repeal the decisions referred to in this paragraph
     and in paragraph 2 in the light of developments .
4 . Detailed rules for the application of this Article , and in particular the
     list of diseases referred to in paragraph 1 , shall be adopted , where
     necessary , in accordance with the procedure laid down in Article 16.
                                CHAPTER IV - General provisions
                                            Artide 13
1 . Where Community rules or , in areas where harmonization has not yet taken
    place at Community level , national provisions require that the goods be
    accompanied by a veterinary certificate , each consignment shall be
    accompanied by a veterinary certificate showing the place of destination of
    the consignment .
                                                                                           Ί3
 ---pagebreak---                                                  12 -
 2.   The Commission may , in accordance with the procedure provided for in
      Article 16 , lay down the conditions under which , exceptionally , a
      consignment in transit may be split up into several smaller consignments ,
      or a change of destination may be adopted .
                                           Article 14
 1.   Article 3(2 ) ( h ) of Council Directive 64 / 432 / EEC of
     26 June 1964 on health problems affecting intra-Community trade in bovine
     animals and swine       is hereby replaced by the following: "( h ) after loading be
     sent as quickly as possible to the place of destination".
 2.  Paragraphs 1 , 2 , 3 , 4 , 6 and 7 of Article 6 of Directive 64 / 432 / EEC are
     hereby deleted .
 3.  Articles 9 and 10 of Directive 64 / 432 / EEC are hereby deleted.'
4.  Article 8(3 ) of Council Directive 64 /433 / EEC of 26 June 1964 on health
                                                                        2
    problems affecting intra-Community trade in fresh meat                 is hereby
    deleted .
S.  Articles 10 and 11 of Directive 64 / 433 / EEC are hereby deleted. "
6.  Article 5(3 ) and ( 4 ) of Council Directive 71 / 118 / EEC of 15 February 1971
                                                                         3
    on health problems affecting trade in fresh poultrymeat                 are hereby
    deleted .
1 OJ No 121 , 29.7.1964 , p. 1977 /64 .
2 OJ No 121 , 29.7.1964 , p. 2012 / 64 .
3 OJ No L 55 , 8.3.1971 , p. 23 .
 ---pagebreak---                                                 - 13 -
  7 . Articles 9 , 10 and 11 of Directive 71/ 118 /EEC are hereby deleted .
 8.     Article 5(2 ), ( 3 ), ( 4 ) and ( 5 ) of Council Directive 72/461/EEC of
        12 December 1972 on animal health problems affecting intra-Community trade
                      4
        in fresh meat    are hereby deleted .                '    ■      *
 9 . , Articles 6 , 8 , 12 and 13 of Directive 72/461 /EEC are hereby . delet«d;-    '
 10 . The last subparagraph of Article 12(7 ) of Council Directive 72/ 462 / EEC of
       12 December 1972 on health and veterinary inspection problems upon
       importation of bovine animals and swine and fresh meat from third
       countries5 is hereby deleted.
 11 . The following is added to the certificate set out in Annex B to Directive
       72/462 /EEC : "Name and address of consignee
12 . Article 6(3 ) and ( 4 ) of Council Directive 77 / 99 / EEC of 21 December 1976 on
                                                                               6
       health problems affecting intra-Community trade in meat products          are
       hereby deleted .
                S
13 . Articles 11 and 15 of Directive 77 / 99 / EEC are hereby deleted.
14 . Articles 6 and 7 of Council Directive 80 / 215 / EEC of 22 January 1980 on
      animal health problems affecting intra-Community trade in meat products
      are hereby deleted .
4 0J No L 302 , 31.12.1972 , p. 24 .
5 0J No L 302 , 31.12.1972 , p. 28 .
6 0J No L 26 . 31.1.1977 , p. 85 .
7 OJ No L 47 , 21.2.1980 , p. 4 .
 ---pagebreak---                                          - 14 -
15 . Article 5(3 ) and ( 4 ) of Council Directive 85 / 397 / EEC of 5 August 1985 on
     health and animal-health problems affecting intra-Community trade in
                        8
     heat-treated milk are hereby deleted .
16 . Articles 7 and 12 of Directive 85 / 397 / EEC are hereby deleted .
                                       Article 15
 1 . The Commission shall be assisted by the Standing Veterinary Committee set
                                          9
     up by Council Decision 68 / 361 / EEC , hereinafter referred to as " the
     Committee".
 2 . Where the procedure laid down in this Article is to be followed, the
     following provisions 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 be weighted in the manner set out in that Article . The chairman ! 1
     shall not vote .
 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 fifteen days from the date of referral to
      the Council , the Council has not acted , the proposed measures shall be
      adopted by the Commission .
80J No L 226, 24.8.1985, p. 13 .                                                     -,
 90J No L 255, 19.10.1968, p. 23                                                     ^ <.«
 ---pagebreak---                                         - 15 -
                                      Artide 16
  1 . Where the procedure laid down in this Article is to be followed , the
      following provisions shall apply .
  2 . 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 period of two days . 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 be weighted in the manner set out in that Article . The
      chairman shall not vote .
 3 . The Commission shall adopt the measures envisaged if they are in accordance
      with the opinion of the committee .
 4 . 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 17
This Regulation shall enter into force on 1 April 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                  For the Council
 ---pagebreak---                                  Proposai for a
                            COUNCIL REGULATION ( EEC )
      on intensifying controls on the application of the veterinary rules
 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 the Community is to adopt measures for the progressive establishment
of the internal market over a period ending on 31 December 1992 ;
Whereas if the market organizations for livestock , livestock products ,
products of animal origin and , in certain cases , plants . are to operate
harmoniously , the veterinary obstacles to the development of intra-Community
trade in the products concerned must be removed ; whereas in this connection
the free movement of agricultural products constitutes a fundamental aspect of
the market organizations and must enable agricultural production to develop
rationally and the optimum use to be made of the factors of production ;
Whereas veterinary inspections are carried out at frontiers with a view to the
protection of public and animal health ;
Whereas the final objective to be attained by L992 is that products traded
between Community countries should be subject to the same controls as national
products ;
 ---pagebreak---                                          - 2 -
 Whereas this approach requires that Member States have greater trust in each
 other as regards uniform application of the veterinary legislation ; whereas ,
 to this end , provision should be made for stricter controls to be applied by
 Member States ;
 Whereas , to be effective , controls must be regular , no restrictions must be
 laid down as regards the products subject to controls or as regards the stage
 and time at which controls should be carried out , and controls must take the
 form most suited to ensure their effectiveness ;
Whereas such controls must have a preventive rather than a repressive effect ;
whereas , to this end , Member States should also be required to take
appropriate measures in the event of any infringement of the veterinary
legislation ;
Whereas the inspectors   must be given proper powers ; whereas , apart from the
controls to be carried   out by the Member States , provision should also be made
so that the Commission   can carry out independent inspections in those fields
where such inspections   are not yet provided for in the veterinary legislation ;
                                                                         i   •*
Whereas the products covered by veterinary legislation and intended for consign¬
 ment     to another Member State must be inspected in the same way as products
intended for marketing within the Member State of dispatch ; whereas , under .
certain Community provisions ,- specific rules are currently applicable to the
inspection of exported products ;
HAS ADOPTED THIS REGULATION :
                                      Article 1
1 . This Regulation lays down rules on intensifying controls in the veterinary
    sector . It shall apply without prejudice to provisions contained in more
    specific Community rules .
                                                                                <r
 ---pagebreak---                                                 - 3 -
 2.   For the purposes of this Regulation :
      - "veterinary legislation " shall mean all the provisions of the Community
        acts listed in the Annex and the Community and
        national provisions adopted in implementation of those acts ;
      - "products " shall mean the products to which the acts listed in the .
        said Annex relate .
 3.  Amendments to the Annex to this Regulation shall be made by the Commission .
                                              Article 2
 1.  Member States shall take the necessary measures to ensure compliance with
     the veterinary legislation at all stages of the production and marketing
     of the products referred to in Article 1 . In particular they shall ensure
     that controls can be carried out at all stages . However, controls at frontiers may be
      carried out only in the event of strong suspicion of irregularity .
2.   Unless specific provisons to the contrary are made in Community
     legislation , Member States shall ensure that products intended for export
     to another Member State are subject to the same controls as products
     intended for marketing within their own territory . -
3.  Member States shall take the appropriate specific measures to penalize any
     infringement of the veterinary legislation by natural or legal persons ,
    and in particular in cases where the certificates or other documents drawn
    up under such legislation are found not to correspond to the true state of
    the products concerned .
                                             Article 3
1.  Where a Member State designates several bodies as responsible for
    controls , it shall coordinate the work of such bodies .
2.  Each Member State shall designate the body responsible for collaboration
    with the competent bodies in other Member States and with the Commission .
    It shall ensure that this body has at its disposal the qualified staff and
    the facilities necessary to ensure that such collaboration is effective .
    Each Member State shall inform the Commission and the other Member States
    accordingly .                                                                     ^
 ---pagebreak---                                            - 4 -
 The body referred to in paragraph 2 shall regularly forward to the
 Commission those administrative and legal provisions and decisions which
 have been adopted at national level and which are particularly relevant to
 controls on the uniform application of veterinary legislation in the
 Community . The Commission shall forward this information to the competent
 authorities of the other Member States .
                                        Article 4
Member States shall also ensure that the officials of their competent
bodies , cooperating where necessary with the officials of other bodies
authorized for this purpose , can , in particular :
 - carry out inspections of Land, premises , offices, installations , means
   of transport, equipment and materials, of cleaning and maintenance products,
   of methods of prediction and processing and of the marking; labelling or presentation
   of the products;                                                '
- carry out examinations of the staff at the places listed above ;
- take samples of products held for sale , released into free circulation
   or transported ;
- examine the documentary materials or computer data relevant to the
   controls applicable under the measures adopted pursuant to Article 2(1 )
   and obtain copies or extracts therefrom .
                                       Article 5
Information which is communicated in any form by Member States in
compliance with this Regulation shall be treated as confidential . It shall
be covered by the obligation of professional secrecy and shall enjoy the
protection which the national law of the Member State receiving the
information gives to information of the same nature and the protection,
which is afforded by the corresponding provisions applicable to Community
authorities .
                                                                                         г
                                                                                           7?
 ---pagebreak---                                            - 5 -
       The information referred to in the first subparagraph must not be
       transmitted to persons other than those in the Member States or within the
       Community institutions who are required to have cognizance thereof in the course
       of their duties . Such information may not be used for purposes other than
       those specified in this Regulation , unless the authority which supplied
       the information has given its explicit consent and provided that the rules
      in force in the Member Sate or within the authority receiving the
      information do not prohibit such transmission or use .
 2.   The provisions of paragraph 1 shall not preclude the use of information
      obtained pursuant to this Regulation for the purposes of subsequent legal
      proceedings relating to non-compliance with the veterinary rules .
      Any such use shall be notified without delay to the competent body of the
      Member State which supplied the information concerned .
                                        Article 6
Council Directive 64 / 432 / EEC of 26 June 1964 on animal health problems
                                                                    1
affecting intra-Community trade in bovine animals and swine is hereby amended
as follows :
1.   The following Article 9c is inserted :
     "Article 9c
     Commission veterinary experts may , to the extent necessary for uniform
     application of the Directive , carry out on- the -spot inspections . The
     Commission shall inform the Member States of the outcome of such
     inspections .
     The Member State on whose territory the inspections are carried out shall
     provide the experts with all the assistance required for the
     accomplishment of their task .
     General rules for the application of this Article shall be adopted in
     accordance with the procedure laid down in Article 12 .
T
  OJ No 121 , 29.7.1984 , p.  1977 / 64
 ---pagebreak---                                               - 6 -
       The same procedure shall be followed to draw up a code containing the
       rules to be observed at the time of the inspections provided for in this
       paragraph ."
 2.    In the third subparagraph of Article 12(4 ) and the second subparagraph of Article 13(4) the
       words " save where the Council has decided by a simple majority against those
       measures " are deleted .
                                            Article 7
Council Directive        72 / 461 / EEC of 12 December 1972 on health problems
affecting intra-Community trade in fresh meat is hereby amended as follows :
 1.   The following Article 5b is inserted :
      "Article 5b
      Commission veterinary experts may , to the extent necessary for uniform
      application of the Directive , carry out on- the-spot inspections . The
      Commision shall inform the Member States of the outcgme of such
      inspections .
     The Member State on whose territory the inspections , are carried out shall
     provide the experts with all the assistance required for the
     accomplishment of their task .
     General rules for the application of this Article shall be adopted in
     accordance with the procedure laid down in Article 12 of Council Directive
     64 / 432 / EEC .
     The same procedure shall be followed to draw up a code containing the
     rules to be observed at the time of the inspections provided for in this
     paragraph ."
2 . In the second subparagraph of Article 9(4 ) the words "save where the
     Council has decided by a simple majority against those measures " are
     deleted .
 1                                                                                   го
   OJ No L 302, 31.12.1972, p. 24
 ---pagebreak---                                             - 7 -
                                          Artide 8
  Council Directive 80 / 215 / EEC of 22 January 1980 on health problems affecting
                                            1
  intra-Community trade in meat products is hereby amended as follows :
  1.   The following Article 5a is inserted :
       " Article 5a
      Commission veterinary experts may , to the extent necessary for uniform
      application of the Directive , carry out on-the-spot inspections . The
      Commision shall inform the Member States of the outcome of such
       inspections .
      The Member State on whose territory the inspections are carried out shall
      provide the experts with all the assistance required for the
      accomplishment of their task .
      General rules for the application of this Article shall be adopted in
      accordance with the procedure laid down in Article 12 of Council Directive
      64 / 432 / EEC of 26 June 1964 on animal health problems affecting
      intra-Community trade in bovine animals and swine .
     The same procedure shall be followed to draw up a code containing the
      rules to be observed at the time of the inspections provided for in this
     paragraph .
      *0J No 121 , 29.7.1964, p. 1977/64 ."
2.    In the second subparagraph of Article 8(4 ) the words " save where the
     Council has decided by a simple majority against those measures " are
     deleted .
                                         Article 9
Detailed rules for applying this Regulation shall be adopted in accordance
with the procedure laid down in Article 12 of Directive 64 / 432 / EEC .
1
  0J No L 47 , 21.2.1980 , p.   4
 ---pagebreak---                                       - 8 -
                                   Article 10
This Regulation shall enter into force on 1 April 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
                                                                     3Ί
 ---pagebreak---                                             ANNEX
                          1 . LEGISLATION ON ANIMAL FEEDINGSTUFFS
  Council Directive 70 / 373 / EEC of 20 July 1970 on the introduction of Community
 methods of sampling and analysis for the official control of feedingstuf fs ( 0J
 No L 170 , 3.8.1970 , p. 2 )
      as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 ( 0J No L 362 ,
      31.12.1985 , p. 8 )
 Council Directive 70 / 514 / EEC of 23 November 1970 concerning additives in
 feedingstuf fs ( 0J No L 270 , 14.12.1970 , p. 1 )
      as last amended by Directive 87 / 317 / EEC of 16.6.1987 ( 0J No L 160 ,
      20.6.1987 , p. 34 )
 Council Directive 74 / 63 / EEC of 17 December 1973 on the fixing of a maximum
 permitted levels for undesirable substances and products in feedingstuf fs ( OJ
 No L 38 , 11.2.1974 , p. 31 )
      as last amended by Directive 87 / 519 / EEC of 19.10.1987 ( 0J No L 304 ,
      27.10.1987 , p. 38 )
Council Directive 77 / 101 / EEC of 23 November 1976 on the marketing of straight
feedingstuf fs ( 0J No L 32 , 3.2.1977 , p. 1 )
     as last amended by Directive 87 / 234/EEC of 31.3.1987 ( OJ No L 102 ,
      14.4.1987 , p. 31 )
Council Directive 79 / 373 / EEC of 2 April 1979 on the marketing of compound
feedingstuf fs ( 0J No L 86 , 6.4.1979 , p. 30 )
     as last amended by Directive 87 / 235 / EEC of 31.3.1987 ( OJ No L 102 ,
     14.4.1987 , p. 34 )
Council Directive 82 / 471 / EEC of 30 June 1982 concering certain products used
in animal nutrition ( OJ No L 213 , 21.7.1982 , p. 8 )
     as last amended by Directive 86 / 530 / EEC of 28.10.1986 ( OJ No L 312 ,
     7.11.1986 , p. 39 )
 ---pagebreak---                                             - 2 -
                                 2 . VETERINARY LEGISLATION
 2.1 : Veterinary matters
 Council Directive 64/432 / EEC of 26 June 1964 on animal health problems
 affecting intra-Community trade in bovine animals and swine ( OJ No        121 ,
 29.7.1964 , p. 1977 / 64 )
      as last amended by Directive 87/489/EEC of 22.9.1987 (OJ No L 280 ,
      3.10.1987 , p. 28 )
 Council Directive 64/433/ EEC of 26 June 1964 on health problems affecting
 intra-Community trade in fresh meat ( OJ No L 121 , 29.7.1964 , p * 2012 )
      as last amended by Directive 86 / 587 / EEC of 18.11.1986 ( OJ No  339 ,
      2.12.1986 , p. 26 )
Council Directive 71 / 118 / EEC of 15 February 1971 on health problems affecting
 trade in fresh poultrymeat ( OJ No L 55 , 8.3.1971 , p. 23 )
      as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (OJ No L 362 ,
      31.12.1985 , p. 8 )
Council Directive 72/461 /EEC of 12 December 1972 on health problems affecting
intra-Community trade in fresh meat ( OJ No L 302 , 31.12.1972 , p'. 24 )
     as last amended by Directive 87/489 /EEC of 22.9.1987 ( 0J No L 280 ,
     3.10.1987 , p. 28 )
Council Directive 72/462/ EEC of 12 December 1977 on health and veterinary
inspection problems upon importation of bovine animals and swine and fresh
meat from third countries ( 0J No L 302 , 31.12.1972 , p. 28 )
     as last amended by Directive 87/ 64/ EEC of 30.12.1986 (0J No L 34 ,
     5.2.1987 , p. 52 )
♦Council Decision 77 / 97 / EEC of 21 December 1976 on the financing by the
Community of certain emergency measures in the field of animal health ( OJ No
L 26 , 31.1.1977 , p. 78 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 ( 0J No L 362 ,
     31.12.1985 , p. 8 )
Council Directive 77 / 99 / EEC of 21 December 1976 on health problems affecting
intra-Community trade in meat productss ( 0J No L 26 , 31.1.1977 , p. 85 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (OJ No L 362 ,
     31.12.1985 , p. 8 )
 ---pagebreak---                                             - 3 -
  Council Directive 77/ 391 / EEC of 17 May 1977 introducing Community measures for
  the eradication of brucellosis , tuberculosis and leucosis in cattle ( OJ No
  L 145 , 13.6.1977 , p. 10 )
       as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 ( OJ No L 362 ,
       31.12.1985 , p. 8 )
  ♦Council Decision 77 / 509 / EEC of 24 May 1979 on financial aid from the
  Community for the eradication of African swine fever in Spain ( OJ No L 133 ,
  31.5.1979 , p. 27 )
      as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 ( OJ No L 362 ,
       31.12.1985 , p. 8 )
 Council Directive 80 / 215 / EEC of 22 January 1980 on animal health problems
 affecting intra-Community trade in meat products (OJ No L 47 , 21.2.1980 , p. 4 )
      as last amended by Directive 87/491 /EEC of 22.9.1987 ( OJ No L 279 ,
      2.10.1987 , p. 27 )
 Council Directive 80 / 217 / EEC of 22 January 1980 introducing Community measures
 for the control of classical swine fever (OJ No L 47 , 21.2.1980 , p.ll )
      as last amended by Directive 87/486 /EEC of 22.9.1987 (OJ No L 280 ,
      3.10.1987 , p. 21 )
 ♦Council Decision 80 /877 / EEC of 15 September 1980 on financial aid from the
 Community for the eradication of African swine fever in Portugal ( OJ No L 250 ,
 23.9.1980 , p. 12 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (0J No L 362 ,
      31.12.1985 , p. 8 )
Council Directive 80 / 1095 / EEC of 11 November 1980 laying down conditions
designed to render and keep the territory of the Community free from classical
swine fever ( OJ No L 325 , 1.12.1980 , p. 1 )
     as last amended by Directive 87/487 / EEC of 22.9.1987 ( 0J No L 280 ,
     3.10.1987 , p. 24 )
♦Council Decision 80 / 1096 /EEC of 11 November 1980 introducing Community
financial measures for the eradication of classical swine fever ( 0J No L 325 ,
1.12.1980 , p. 5 ): based on Article 43 only
     as last amended by Decision 87 / 488 / EEC of 22.9.1987 ( OJ No L 280 ,
     3.10.1987 , p. 26 )
♦Council Decision 80 / 1097 / EEC of 11 November 1980 on financial aid from the
Community for the eradication of African swine fever in Sardinia ( OJ No L 325 ,
1.12.1980 , p. 8 )
     as last amended by Reg . ( EEC ) No 3768 / 85 of 20.12.1985 ( 0J No L 362 ,
     31.12.1985 , p. 8 )
 ---pagebreak---                                              - 4 -
 Council Directive 81 /602/EEC of 31 July 1981 concerning the prohibition of certain
 substances having a hormonal action and of any substances having a thyrostatic
 action (OJ No L 222 , 7.8.1981 , p. 32 )
Council Directive 82/400 /EEC of 14 June 1982 amending Directive 77/391 /EEC and
 introducing a supplementary Community measure for the eradication of brucellosis ,
 tuberculosis and leucosis in cattle (OJ No L 173 , 19.6.1982 , p. 18 )
Council Directive 82/894/ EEC of 21 December 1982 on the notification of animal
diseases within the Community (OJ No L 378 , 31.12.1982 , p. 58 )
     as last amnded by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (OJ No L 362 ,
     31.12.1985 , p. 8 )
  Council Decision 82/895 / EEC of 21 December 1982 on a financial contribution from
the Community to the campaign against foot-and-mouth disease in South-East Europe
(OJ No L 378 , 31.12.1982 , p. 63 )
  Council Decision 83 / 650 / /EE of 19 December 1983 on a financial contribution to
the Foot-and-Mouth Disease Institute in Ankara (OJ No L 370 , 31.12.1985 , p. 14 )
Council Directive 85/ 73/EEC of 29 January 1985 on the financing of health
inspections and controls of fresh meat and poultrymeat (OJ No L 32 , 5.2.1985 , p.
14 ): based on Article 43 only
  Council Decision 85 / 255 /EEC of 2 May 1985 on a financial contribution from the
Community to the campaign against foot-and-mouth disease in South-East Europe (OJ
No L 122 , 7.5.1985 , p. 23 )
Council Directive 85 /358 /EEC of 16 July 1985 supplementing Directive 81 /602/EEC
concerning the prohibition of certain substances having a hormonal action and of
any substances having a thyrostatic action (OJ No L 191 , 23.7.1985 , p. 46 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (OJ No L 362 ,
     31.12.1985 , p. 8 )
Council Directive 85 / 397/EEC of 5 August 1985 on health and animal-health problems
affecting intra-Community trade in heat-treated milk (OJ No L 226 , 24.8.1985 , p.
13 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (OJ No L 362 ,
     31.12.1985 , p. 8 )
Council Directive 85/51/EEC of 18 November 1985 introducing Community measures for
the control of foot-and-mouth disease (OJ No L 315 , 26.11.1985 , p. 11 )
Council Directive 88/146 /EEC of 16 March 1988 prohibiting the use in livestock
farming of certain substances having a hormonal action (OJ No L 70 , 16.3.1988 ,
 ---pagebreak---   ♦Council Decision 86 / 649/EEC of 16 December 1986 introducing a Community
  financial measure for the eradication of African swine fever in Portugal ( OJ
  No L 382 , 31.12.1985 , p. 5 )
  ♦Council Decision 86 / 650 / EEC of 16 December 1986 introducing a Community
  financial measure for the eradication of African swine fever in Spain ( OJ No
  L 382 , 31.12.1986 , p. 9 )
 ♦Council Decision 87 / 58 / EEC of 22 December 1986 introducing a supplementary
 Community measure for the eradication of brucellosis , tuberculosis and
 leucosis in cattle ( OJ No L 24 , 27.1.1987 , p. 51 ) . only
 Council Directive 87 / 64/ EEC of 30 December 1986 amending Directive 72 /461 / EEC
 on health problems affecting intra-Community trade in fresh meat and
 Directive 72/462 / EEC on health and veterinary inspection problems upon
 importation of bovine animals and swine and fresh meat from third countries
 (OJ No L 34 , 5.2.1987 , p. 52 ): based on Articles 100 and 113
 2.2 .: Protection of animais
Council Directive 74 / 577 of 18 November 1974 on stunnng of animals before
 slaughter ( OJ No L 316 , 26.11.1974 , p. 10 )
Council Directive 77 / 489 / EEC of 18 July 1977 on the protection of animals
during international transport ( OJ No L 200 , 8.8.1977 , p. 10 )
♦Council Decision 78 / 923 / EEC of 19 June 1978 concerning the conclusion of the
European Convention for the protection of animals kept for farming purposes
 (OJ No L 323 , 17.11.1978 , p. 12 )
Council Directive 81 / 389 / EEC of 12 May 1981 establishing measures necessary
for the implementation of Directive 77 /489/ EEC on the protection of animals .
during international transport ( OJ No L 150 , 6.6.1981 , p. 1 )
     as last amended by Reg . ( EEC ) No 3768 /85 of 20.12.1985 (0J No L 362 ,
      31.12.1985 , p. 8 )
Council Directive 86 / 113 / EEC of 25 March 1986 laying down minimum standards
for the protection of laying hens kept in battery cages ( OJ No L 95 ,
10.4.1986 , p. 45 )
2.3 .: Zootechnics
Council Directive 77 / 504 / EEC of 25 July 1977 on pure-bred breeding animals of
the bovine species (OJ No L 206 , 12.8.1977 , p. 8 )
     as last amended by Directive 85 / 586 / EEC of 20.12.1985 ( 0J No L 372 ,
     31.12.1985 , p. 44 )
 ---pagebreak---                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
         amending Regulation ( EEC) No 1468/81 on mutual assistance between the
             administrative authorities of the Member States and cooperation
               between the latter and the Commission to ensure the correct
                application of the law on customs or agricultural matters
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 < 1 >,
Having regard to the opinion of the European Parliament ,
Whereas Council Regulation ( EEC) No 1468/81 2, as amended
by Regulation ( EEC ) No 945 / 87 , lays down the rules in
accordance with which the administrative authorities of the Member States are to
afford each other mutual assistance and cooperate with the Commission to ensure
the correct application of the law on customs or agricultural matters ;
Whereas In the agricultural sector a considerable body of legislation has been adopted
  in ... the veterinary , animal husbandry , plant health , feedlngstuffs and animal
welfare fields ; whereas It Is Important to clarify the situation of this
legislation with regard to mutual assistance , so that the rules relating to
mutual assistance can be applied without ambiguity In these areas also ,
HAS ADOPTED THIS REGULATION :
                                         Article 1
In Article 2(1 ) of Regulation ( EEC ) No 1468 / 81 the following is hereby
added at the end of the second indent :
" including in the veterinary field within the meaning of Council Regulation
  ( EEC ) No      * and in the plant health field.
*
  OJ No L . "
( 1 ) OJ No C
( 2 ) OJ No L 144 , 19 . 5.1981 , p.  1.
(3) OJ No L 90, 2.4.1987, p. 3 .
 ---pagebreak---                                          2
                                    Art tels 2
This Regulation shall enter Into force on 1 April 1989 .
This Regulation shall be binding In Its entirety and directly applicable In all
Member States .
Done at                                          For the Counc I I
 38
 ---pagebreak---                          FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
       I.    Quelle est la justification principale de la mesure ?
Les    propositions prévoient la suppression des contrôles vétérinaires aux frontières
    internes de la Communauté , le renforcement des contrôles au départ , l' organisation
    des contrôles à destination , et une meilleure collaboration entre les services
    concernés .     S' inscrivant dans la perspective de la réalisation du marché intérieur^
    elles devraient conduire à une amélioration de la compétivité des entreprises .
       Ii . Caractér i st iques des entreprises concernées . En particulier :
             ( a ) Y a - t - il un grand nombre de PME ?
             fb ) Note - t -on der. concentrations dans des régions
                   i . éligibles aux aides régionales des Etats membres ?
                  ii . éligibles au Feder ?
       III . Quelles sont les obligations imposées directement aux entreprises ?
       îV .  Quelles sont les obligations susceptibles d' être imposées indirectement
             aux entreprises via les autorités locales ?
       j.    Y a - t - il des mesures spéciales pour les PME ?              Lesquelles ?
       VI .  Quel est l' effet prévisible
             a) sur la compétitivité des entreprises ?
             b) sur l' emploi ?
       VII . Les partenaires sociaux ont -ils été consultés ?              Quels sont leurs
             avis ?