CELEX: 51992PC0211
Language: en
Date: 1992-06-02
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(92) 211 final
                                            Brussels, 2 June 1992
                           Proposal for a
                         COUNCIL DIRECTIVE
  amending Directive 89/662/EEC concerning veterinary checks in
       intra-Community trade with a view to the completion
                      of the internal market
                   (presented by the Commission)
 ---pagebreak---                                            - 2 -
                              EXPLANATORY MEMORANDUM
Under   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 1 ,   the   veterinary    checks   on   certain    animal
products are no longer to be carried out at the Community's                  internal
frontiers.
The Directive however
-     leaves open the rules applicable on expiry of certain provisions
      (Article 14 for products listed in Annex B; Articles 20 and 21 for
      certain requirements)
-     makes provision for certain specific checks on products from third
      countries.
Further,     the    fourth      paragraph     of     Article     21     of    Council
Directive 90/425/EEC       of     26 June 1990     concerning      veterinary      and
zootechnical checks applicable in intra-Community trade in certain live
animals   and  products with      a view   to the    completion   of   the   internal
market^    provides    for     inclusion   within     the   scope    of    Directives
89/662/EEC or 90/425/EEC of animals and animal products not covered by
them.
The attached proposal is for all veterinary checks at internal frontiers
and   animal   products    to   be   discontinued    from   1 July 1992.     This   is
possible    because   of   the    considerable   progress     made    on   veterinary
harmonisation, particularly as regards
-     veterinary    checks     on   products   from    third   countries      (Council
      Directive 90/675/EEC of 10 December 1990 laying down the principles
      governing    the   organization     of   veterinary     checks    on   products
      entering the Community from third countries-*),
1    OJ No L 395, 30.12.1989, p. 13.
2    OJ NO L 224, 18.8.1990, p. 29.
3    OJ No L 373, 31.12.1990, p. 1.
 ---pagebreak---                                       - 3 -
   control of foot-and-mouth disease (Council Directive 90/423/EEC of
   26 June   1990 amending Directive 85/511/EEC introducing          Community
   measures   for  the   control   of  foot-and-mouth     disease,   Directive
   64/432/EEC   on  animal   health   problems    affecting   intra-Community
   trade  in bovine    animals   and  swine   and   Directive   72/462/EEC  on
   health   and  veterinary   inspection    problems    upon  importation   of
   bovine animals and swine and fresh meat or meat products from third
   countries^) and of swine fever       (Council Directive     .../.../EEC of
                   amending Directive 80/217/EEC introducing         Community
                                                           5
   measures for the control of classical swine fever ).
4 OJ No L 224, 18.8.1990, p. 13.
5 OJ No L
 ---pagebreak---                                             - 4 -
                                    Proposal for a
                                  COUNCIL DIRECTIVE
       amending Directive 89/662/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 1 ,
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 to establish the           internal
market progressively during the period up to 31 December 1992;
Whereas   Council    Directive     89/662/EEC^,   as  last   amended   by  Directive
91/496/EEC 5 ,  stipulates that       the veterinary   checks   on   certain  animal
products are no longer to be carried out at the Community's                 internal
frontiers;
Whereas     since   adoption     of    that   Directive    the   Council    has  set
principles for the organization of veterinary checks on products                from
third countries brought into the Community; whereas in this connection
account must be taken of the provisions of Council Directive 90/675/EEC
of    10 December     1990     laying    down   the   principles     governing   the
organization    of   veterinary     checks on products     entering   the  Community
                             6
from    third     countries       and    of   Council   Directive 91/496/EEC      of
15 July 1991    laying down the principles governing the organization             of
1    OJ  No  C
2    OJ  No  C
3    OJ  No  C
4    OJ  No  L 395, 30.12.1989, p. 13
5    OJ  No  L 268, 24.9.1991, p. 56.
6    OJ  No  L 373, 31.12.1990, p. 1.
 ---pagebreak---                                            - 5
veterinary checks on animals entering the Community fron^ third countries
and amending Directives 89/662/EEC, 90/425/EEC and 90/675/2i;C7;
Whereas the third paragraph of Article 14 of Directive 89/602/^20 rtatec
that the Council "shall determine the final arrangements applicable to
trade in the products listed in Annex B before 31 December 1991";
Whereas    the   fourth   paragraph   of    Article 21     of   Council    Directive
90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks
applicable in intra-Community trade in certain live animals and products
with a view to the completion of the internal market 8 , as last amended
by  Directive     91/628/EEC^   states    that   the   Council   shall    cacide   on
inclusion "in the scope of Directive 89/662/EEC and of this Directive of
the  animals    and  products   of  animal    origin   not   covered   by  the   said
Directives";
Whereas Article 21 of Directive 89/662/EEC states that the Council shall
"determine the arrangements applicable on the expiry of the transitional
provisions laid down in Article 20": whereas in this connection account
should be taken of the progress made in the Community, both on setting
rules for products from third countries and on harmonization of control
measures    for  foot-and-mouth    disease    and  swine   fever   as   embodied   in
Council    Directive     90/423/EEC    of    26 June 1990     amending     Directive
85/511/EEC introducing Community measures for the control of foot-and-
mouth disease, Directive 64/432/EEC on animal health problems affecting
intra-Community     trade    in  bovine    animals    and   swine    and   Directive
72/462/EEC on health and veterinary inspection problems upon importation
of bovine animals and swine and fresh meat or meat products from third
countries^,      and   in   Council   Directive      .../.../EEC    of
amending Council Directive 80/217/EEC introducing Community measures for
the control of classical swine feverll;
Whereas given the      favourable progress      of harmonization      on  veterinary
matters all veterinary checks at internal frontiers on animal products
should be discontinued with effect from 1 July 1992,
7   OJ  No  L  268, 24.9.1991, p. 56.
8   OJ  No  L  224, 18.8.1990, p. 29.
9   OJ  No  L  340, 11.12.1991, p. 17.
10  0J  No  L 224, 18.8.1990, p. 13.
11  OJ  No  L 47, 21.2.1980, p. 11.
 ---pagebreak---                                          - 6 -
HAS ADOPTED THIS DIRECTIVE:
                                   Article 1
Directive 89/662/EEC is hereby amended as follows:
1.   Article 3(3) is deleted.
2.   In  Article    6(2)   the   date   of  1 January 1993     is   replaced   by
     1 July 1992.
3.   In the   first   subparagraph   of  Article 8(2) the    words    "Except  in
     cases covered by the fourth subparagraph," are added.
4.   In the fourth subparagraph of Article 8(2) the words "and without
     prejudice to the aforementioned rights of appeal" are deleted.
5.   In   the    first    paragraph    of   Article 14     the    words    "Until
     31 December 1992" are deleted.
6.   In Article 14 the second and third paragraphs are replaced by:
     "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 paragraph."
7.   Article 16 is replaced by the following:
                                  "Article 16
      1.  Member States shall submit to the Commission, in harmonized
           form, basic   information on veterinary      checks carried out     in
           line with this Directive.
     2.   The Commission shall examine the information referred to             in
          paragraph 1 within the Standing Veterinary Committee and may,
           in  accordance   with  the procedure    laid   down  in Article    18,
          adopt suitable measures.
 ---pagebreak---                                           - 7 -
     3.    Detailed    rules   for  the    application    of   this  Article,     in
           particular on 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 laid down in Article 18."
8.   Article 19(1) is deleted.
9.   Articles 20 and 21 are deleted.
10.  The following subparagraph is added to Annex B:
     "Other products of animal origin not covered by Annex A to this
     Directive    or by Annexes A      or B-B   to Directive     90/42 5 /EEC*.  The
     products shall be defined by the Commission.
     *OJ No L 224, 18.8.1990, p. 29."
                                    Article 2
Member   States    shall   bring   into   force   the    laws,   regulations     and
administrative    provisions   necessary    to comply   with   this  Directive    by
1 July 1992 and shall forthwith inform the Commission thereof.
When   Member   States   adopt   these   provisions,    these   shall    contain   a
reference to this Directive or shall be accompanied by such reference at
the  time    of   their   official   publication.     The   procedure     for   such
reference shall be adopted by Member States.
                                    Article 3
This Directive is addressed to the Member States.
Done at Brussels,                                     For the Council
                                                      The President
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92)211 final
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