CELEX: 51989PC0492
Language: en
Date: 1989-10-17
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL HEALTH RULES FOR THE PRODUCTION AND PLACING ON THE MARKET OF PRODUCTS OF ANIMAL ORIGIN AND SPECIFIC HEALTH RULES FOR CERTAIN PRODUCTS OF ANIMAL ORIGIN

30. 12. 89                              Official Journal of the European Communities                                No C 327/29
              Proposal for a Council Regulation (EEC) laying down general health rules for the production and
              placing on the market of products of animal origin and specific health rules for certain products of
                                                           animal origin
                                                        COM(89) 492 final
                                     (Submitted by the Commission on 30 October 1989)
                                                          (89/C 327/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            procedures for the withdrawal of products of animal origin
                                                                     from the market, when they are likely to endanger the public
Having regard to the Treaty establishing the European                health and to take necessary steps on Community level;
Economic Community, and in particular Article 43
thereof,                                                            Whereas the provisions of Chapter II of the present
                                                                     Regulation should be reviewed after adoption by the Council
Having regard to the proposal of the Commission,                     of horizontal hygiene legislation of foodstuffs;
Having regard to the opinion of the European Parliament,            Whereas the Commission should be entrusted with the task
                                                                     of adopting measures for applying this Regulation, whereas,
                                                                     to that end, provisions should be made for procedures
Having regard to the opinion of the Economic and Social
                                                                     establishing close and effective cooperation between the
Committee,
                                                                     Commission and the Member States within the Standing
                                                                     Veterinary Committee,
Whereas products of animal origin are included in the list of
products in Annex II of the Treaty; whereas the production
and placing on the market of products of animal origin
constitutes a source of income for part of the farming
population;                                                          HAS ADOPTED THIS REGULATION:
Whereas, in order to ensure rational development of this
sector and to increase productivity, public health rules                                        CHAPTER I
concerning the production and placing on the market of
products of animal origin must be laid down at Community                                   General provisions
level;
Whereas the Community is to adopt measures designed to
establish the internal market progressively over a period                                        Article 1
expiring on 31 December 1992;
                                                                     1.    This Regulation lays down
Whereas in this respect the free movement of agricultural            — general health rules for the production and placing on the
products is a fundamental feature of the common                          market of products of animal origin,
organization of the markets and should facilitate the rational
development of agricultural production and the use of the            — specific health rules for the production and placing on the
factors of production;                                                   market of products of animal origin, which are not yet the
                                                                         subject of Community health rules.
Whereas products of animal origin must be treated
hygienically in order to avoid public health hazards and             2.     The provisions of the present Regulation shall apply
whereas it is opportune to lay down general health rules to          without prejudice to future horizontal hygiene legislation on
ensure that the consumers are offered safe and high quality          foodstuffs.
products;
Whereas specific Community health rules have been laid                                           Article 2
down for certain products of animal origin, in particular for
meat, meat products, poultry meat, minced meat and
                                                                     For the purpose of this Regulation the following definitions
heat-treated milk; whereas, in addition, it is necessary to lay
down specific health rules for products of animal origin             shall apply:
which are not yet subject to specific Community health               — 'products of animal origin' means products derived
rules;                                                                   directly or indirectly from animals, whether processed or
                                                                         not and which are intended for human consumption,
Whereas, it is necessary to ensure that only safe products of
animal origin are placed on the market and to lay down               — 'animal' means all species of animal,
 ---pagebreak--- No C 327/30                             Official Journal of the European Communities                                    30. 12. 89
— 'treatment' means treatment to ensure a certain degree of                                     Article 5
    preservation. However, chilling or freezing alone are not
    regarded as treatment,                                         1. . Where any information at the manufacturer's disposal
                                                                   or inspections carried out by the competent authority reveal
— 'establishment' means any premise where products of              that there is an immediate human health risk the
    animal origins are prepared, processed, wrapped, packed        manufacturer must, at the request of the competent
    or stored,                                                     authority, withdraw the consignment concerned and, when
— 'competent authority' means the health             authority     necessary, other consignments from the market. The
                                                                   competent authority must immediately institute an
    designated by the Member State.
                                                                   investigation and must take adequate measures. Those
                                                                   measures may include a ban on the marketing of products
                                                                   until improvements required by the competent authority
                                                                   have been carried out.
                         CHAPTER II                                2.     The competent authority shall take all necessary steps
                                                                   to ensure that consignments which have already been placed
                GENERAL HEALTH RULES                               on the market are withdrawn.
                                                                   3.     Any withdrawn consignment shall stay under the
                                                                   supervision and control of the competent authority until they
                           Article 3                               are destroyed, used for purposes other than human
                                                                   consumption or, after authorization by the competent
Products of animal origin shall only be placed on the market       authority, reprocessed in an appropriate manner to ensure
or used as ingredients, if they:                                   their safety.
1. come from animals not suffering from diseases
                                                                   4.     Rules for the application of this Article shall be
     communicable to humans through the product of animal          established in accordance with the procedure laid down in
     origin;                                                       Article 24.
2. are fit for their intended use and not likely to endanger
     human health;
                                                                                                Article 6
3. have been obtained under hygienic conditions and found
     fit for human consumption;
                                                                   1.     Each Member State shall immediately inform the
4. satisfy the health rules of the Community, in particular        Commission and the other Member States of the suspicion or
     those laid down in specific Community health rules or, in     presence on its territory of problems which are likely to pose
     the absence thereof, in Chapter III.                          a serious threat to public health. It shall also inform the
                                                                   Commission and the other Member States of the measure
                                                                   applied. These measures must be such as to prevent any
                                                                   threat to public health.
                           Article 4
                                                                   2.     Upon receipt of the information referred to .in
1.      Manufacturers of products of animal origin shall adopt     paragraph 1 representatives of the Commission may, in
all necessary measures to prevent public health hazards; in        cooperation with the competent authority, immediately visit
particular they shall:                                             the establishment or area concerned, and make an
                                                                   investigation.
— identify and monitor the critical hazard points in
    establishments,                              ,
                                                                   If the Commission considers that the measures applied under
— take samples for examination in a laboratory approved            paragraph 1 are not sufficient, the Commission shall adopt a
    by the competent authority, in order to check the cleaning     decision, as quickly as possible, imposing such measures as
    and disinfecting practices and to check compliance with        are considered appropriate to the situation.
    the microbiological and other inspection criteria laid
    down in specific health rules or in accordance with            3.      Rules for the application of this Article and in
    Article 24,                                                    particular a list of health problems which are considered as
                                                                    serious, shall be established in accordance with the procedure
— record and keep the results of the various checks and tests      laid down in Article 24.
    for presentation to the competent authority, for a period
    of at least two years.
2.      When the laboratory examination or any other                                            Article 7
information at the manufacturer's disposal reveals that there
is a serious health risk the management must immediately            1.     If a Member State considers that one of the situations
inform the competent authority, which shall take the                referred to in Article 6 ( 1 ) exist or might exist in another
necessary steps in accordance with Article 5.                       Member State and that the competent authority of that latter
 ---pagebreak--- 30. 12. 89                                Official Journal of the European Communities                                  No C 327/31
Member State has not applied the appropriate measures, the                                       Article 12
Member State shall immediately inform the Commission.
                                                                     The rules for the application of Articles 7 to 11 shall be
2.     In the circumstances referred to in paragraph 1, the          established, where necessary, in accordance with the
provisions of Article 6 (2) shall apply.                             procedure laid down in Article 24.
                            Article 8                                                            Article 13
1.     As soon as possible, the Commission shall request the         1.     Without prejudice to the provisions laid down in
Committee provided for in Article 22 to examine the                  specific Community health rules and in so far as health
situation. The Commission may, under the procedure laid              problems make this necessary, the Commission may, in
down in Article 23 confirm, amend or revoke the decision             accordance with the procedure laid down in Article 24,
referred to in Article 6 (2), or may adopt a decision to impose      establish a list of national reference laboratories in the
on the Member State concerned such measures as are judged            Community, designated by the Member States, in order to
appropriate to the situation.                                        ensure uniform operation by the enforcement laboratories.
2.     In exceptionally serious circumstances, and in
                                                                     2.     In accordance with the same procedure, the
particular when the Member State concerned finds it
                                                                     Commission may designate, depending on the problem and
impossible to apply the measures which are considered
                                                                     the type of product, one or more Community reference
necessary, the Commission, under the procedure laid down
                                                                     laboratories. The powers and conditions of operations of the
in Article 23, may authorize other Member States to take
                                                                     Community reference laboratories shall be established by the
appropriate measures.
                                                                     Commission in accordance with the procedure laid down in
                                                                     Article 24.
                            Article 9
The Commission shall monitor the situation, if necessary by                                      Article 14
sending representatives to the establishment or area
concerned, and, under the procedure laid down in Article 23,         The Commission may establish recommendations with
shall amend or revoke the decision mentioned in Article 6(2)         guidelines for good manufacturing practices for the different
and Article 7 in the light of developments.                          stages     of    production       and     distribution.  These
                                                                     recommendations may include detailed arrangements for the
                                                                     controls which should be carried out by manufacturers.
                           Article 10
Where health problems occur or there is a risk of such                                           Article IS
problems occurring in several or all Member States the
Commission, in accordance with the procedure laid down in            The rules laid down in Council Regulation concerning
Article 24, may adopt a decision to coordinate the necessary         veterinary checks in intra-Community trade, with a view to
steps.                                                               the realization of the internal market shall apply, in
                                                                     particular with respect to the organization of, and the action
This decision may include in particular:                             to be taken following, the checks carried out by the Member
                                                                     State of destination, and the safeguard measures to be
— information in respect of the situation in the Member              applied.
    States which needs to be submitted to the
    Commission,
— a monitoring programme to be carried out by the
    Member States in respect of the presence of certain
    micro-organisms, residues or other harmful substances in                                    CHAPTER HI
    products of animal origin in the different stages of
    production and distribution,                                                           Specific health rules
— measures which shall be taken following the results of
    checks.
                                                                                                 Article 16
                           Article 11                                1.     The provisions of Articles 17, 18 and 19 apply to
                                                                     products of animal origin which are not yet the subject of
The authorities of a Member State into whose territory the           specific Community health rules.
Commission considers it necessary to send representatives
shall give all necessary assistance to the representatives to        2.     Insofar as this is necessary for the uniform application
enable them to accomplish their objectives.                          of this Regulation, the Commission may, in accordance with
 ---pagebreak--- No C 327/32                                Official Journal of the European Communities                                   30. 12. 89
the procedure laid down in Article 24, establish a list of            A Member State in whose territory a check is being carried
products of animal origin referred to in paragraph 1 or               out shall give all the necessary assistance to the experts
amend this list.                                                      carrying out their duties.
                                                                      The general provisions for implementing this Article shall be
                            Article 17                                determined in accordance with the procedure laid down in
                                                                      Article 24.
The following conditions apply to the production and
placing on the market of products of animal origin referred to        2.     The Member State concerned shall take all measures
in Article 16 (1).                                                    necessary to take account of the results of the checks referred
                                                                      to in paragraph 1. If the Member State fails to take those
1. The establishment in which they have been prepared,                measures, the Commission may, in accordance with the
    processed or packed, must have been inspected in                  procedure laid down in Article 23, prohibit the placing on
    accordance with Article 18 to ensure compliance with              the market of products of animal origin coming from the
    the requirements laid down in Chapters I and II of the            establishment which no longer complies with the provisions
    Annex;                                                            of this Regulation.
2. the products must have been checked in accordance with
    Chapter HI of the Annex;
3. the products, if packed, must have been packed in
    accordance with Chapter IV of the Annex;                                                  CHAPTER IV
4. the products must be labelled in accordance with                                          Final provisions
    Chapter V of the Annex;
5. the products must be transported and stored in
                                                                                                Article 20
    accordance with Chapter VI of the Annex;
                                                                      The Annex shall be amended by the Commission in
                                                                      accordance with the procedure laid down in Article 24 in
                            Article 18                                order, in particular, to bring it into line with technological
                                                                      progress.
1.     For the purpose of inspection and in order to be able to
trace back to the establishment of origin, the Member States
shall register all establishments, each of which they shall give                                Article 21
an official number. The registers shall be kept up to date.
                                                                      Until the implementation of Community rules concerning the
2.     The inspection and monitoring of establishments shall          importationn of products of animal origin from third
be carried out by the competent authority, which shall at all         countries, Member States shall apply to such imports
times have free access to all parts of establishments, in order       conditions at least equivalent to those laid down in this
to ensure compliance with the requirements of this                    Regulation.
Regulation.
3.     If such inspections reveal that not all the requirements
                                                                                                Article 22
of this Regulation are being met, the competent authority
shall take appropriate action.
                                                                      The Commission shall be assisted by the Standing Veterinary
                                                                      Committee set up by Council Decision 68/361/EEC (*),
4.     The analyses and tests must be carried out in
                                                                      hereinafter referred to as 'the Committee'.
accordance with proven and scientifically recognized
methods, in particular those laid down in Community
provisions or other international standards.
                                                                                                Article 23
5.     The Commission shall establish the reference methods
in accordance with the procedure laid down in Article 24.             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
                            Article 19                                the Committee a draft of the measures to be taken. The
                                                                      Committee shall deliver its opinion on the draft within a time
1.     Veterinary experts from the Commission may, in so far          limit which the chairman may lay down according to the
as it is necessary to ensure uniform application of this              urgency of the matter. The opinion shall be delivered by the
Regulation, make on-the-spot checks; they may, in                     majority laid down in Article 148 (2) of the Treaty in the case
particular, verify whether establishments are actually                of decisions which the Council is required to adopt on a
complying with this Regulation. The Commission shall                  proposal from the Commission. The votes of the
inform the Member States of the results of the
investigations.                                                       H OJNoL255, 18. 10. 1968, p. 23.
 ---pagebreak--- 30. 12. 89                                   Official Journal of the European Communities                                        No C 327/33
representatives of the Member States within the Committee                    proposal from the Commission. The votes of the
shall be weighted in the manner set out in that Article. The                 representatives of the Member States within the Committee
chairman shall not vote.                                                     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                               3.     The Commission shall adopt the measures envisaged if
Committee.                                                                   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,                 4.     If the measures envisaged are not in accordance with
the Commission shall, without delay, submit to the Council a                 the opinion of the Committee, or if no opinion is delivered,
proposal relating to the measures to be taken. The Council                   the Commission shall, without delay, submit to the Council a
shall act by a qualified majority.                                           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                      If, on the expiry of a period of three months from the date of
proposed measures shall be adopted by the Commission.                        referral to the Council, the Council has not acted, the
                                                                             proposed measures shall be adopted by the Commission.
                             Article 24
1.     Where the procedure laid down in this Article is to be                                            Article 25
followed, the following provisions shall apply.
                                                                             This Regulation shall enter into force on the 30th day
2.     The representative of the Commission shall submit to                  following its publications in the Official journal of the
the Committee a draft of the measures to be taken. The                       European Communities.
Committee shall deliver its opinion on the draft within a time
limit which the chairman may lay down according to the                       It shall apply from 1 January 1993.
urgency of the matter. The opinion shall be delivered by the
majority laid down in Article 148 (2) of the Treaty in the case              This Regulation shall be binding in its entirety and directly
of decisions which the Council is required to adopt on a                     applicable in all Member States.
                                                                     ANNEX
                                                                   CHAPTER I
                                           General requirements for establishments and cold stores
               Establishments must have at least:
                1. Working areas of adequate size to enable the work to be carried out under suitable conditions. They must be
                    designed and arranged to avoid contamination of the product. If necessary, there shall be separate rooms to
                    facilitate hygienic operations and to prevent recontamination of the finished product.
                2. In areas where products are prepared, treated or processed:
                    (a) waterproof flooring which is easy to clean and disinfect and laid down in such a way as to facilitate the
                        draining of water, or provided with equipment to remove water;
                    (b) smooth, durable, impermeable walls with a light-coloured, washable coatingup to a height of two metres.
                        Wall to floor junctions must be rounded or similarly finished;
                    (c) doors in material that does not deteriorate, and if of wood, with a smooth and impermeable covering on
                        both sides;
                    (d) a clean and easily-cleaned ceiling or, failing that, a roof covering with an interior surface which fulfils
                        these conditions;
 ---pagebreak--- No C 327/34                                Official Journal of the European Communities                                           30. 12. 89
                 (e) insulation materials which are rot-proof and odourless;
                 (f) adequate ventilation and where necessary good extraction of steam;
                 (g) adequate natural or artificial lighting;
                 (h) a sufficient number of facilities for cleaning and disinfecting hands and for cleaning tools with hot water.
                     For washing hands, these facilities must have hot and cold running water, cleaning and disinfecting
                     products and hygienic means of drying hands. Taps, to be used by persons who manipulate unwrapped
                     products, must not be hand or arm operable.
            3. An adequate number of changing rooms with smooth, waterproof, washable walls and floors, washbasins
                and flush lavatories. The latter must not open directly into the work rooms. Facilities for washing hands shall
                meet the requirements of paragraph 2 (h).
            4. Adequate facilities for cleaning and disinfecting equipment and utensils.
            5. A sufficient capacity for the storage of the product under appropriate circumstances. Cold stores must meet
                hygienic requirements.
            6. A waste water disposal system which meets hygienic requirements.
            7. Equipment supplying exclusively potable water within the meaning of Directive 80/778/EEC (J) relating to
                the quality of water intended for human consumption.
            However, the use of non-potable water is authorized as an exception for steam production, fire fighting and for
            cooling purposes, provided that the pipes installed for this preclude the use of this water for other purposes and
            present no risk for direct or indirect contamination of the product. Pipes carrying non potable water must be
            clearly distinguished from those carrying potable water.
            8. Installations and equipment for the preparation of products of animal origin must be kept in a good state of
                repair and must meet the following requirements:
                (a) equipment, piping and instruments or their surfaces which are intended to come into direct contact with
                      the product must be made of smooth material, which is easy to clean and disinfect, resistant to corrosion
                      and does not transfer substances to the product in such quantities as to endanger human health, cause
                      deterioration in the composition of the product or affect its organoleptic characteristics;
                (b) cold and freezing stores must be equipped with apparatus to measure and register the temperature;
                (c) heat treatment installations must be fitted with appropriate instruments to control and to register the
                      processing temperature and time.
            9. The establishment must have its own laboratory or make use of the services of a laboratory organized and
                equipped in such a way that it is, in the opinion of the competent authority, able to make the necessary
                analysis.
          10. Cold stores and freezing stores not belonging to the premises of an establishment and where unpacked
                products of animal origin are stored shall meet hygienic requirements.
                                                                 CHAPTER II
                       Hygiene requirements relating to the establishment, equipment and staff of establishments
          1.      The highest degree of cleanliness shall be required of staff, premises, installations and equipment:
          (a) staff who treat or handle products of animal origin must in particular wear clean working clothes; they must
                also have clean hands. Smoking shall be forbidden in the areas where products of animal origin are handled or
                stored;
          (b) no animal, with exception of animals for slaughtering, may enter the establishments. Any rodents, insects or
                other vermin found should be systematically destroyed;
          (J) OJ No L 229, 30. 8. 1980, p. 11.
 ---pagebreak--- 30. 12. 89                                   Official Journal of the European Communities                                    No C 327/35
           (c) equipment, containers, tanks and installations which come into contact with products of animal origin must
                 be maintained in a clean condition and must be washed, cleaned and disinfected when necessary, and, if
                 perishable products are prepared, at least each working day;
           (d) reusable packages must be washed, cleaned and disinfected before they are used again;
           (e) any person who is a possible source of contamination, in particular through pathogenic agents, shall be
                 prohibited from working with unpacked products of animal origin.
           2.      Staff must carry out all operations hygienically. Adequate measures must have been taken to protect the
           product of animal origin from recontamination after treatment. If necessary, the end product shall be wrapped
           immediately after the preparation has been completed.
           3.      Raw materials, food ingredients, additives and other agents for the preparation of the products, must be in
           good condition and comply with the relevant legislation.
           In working areas, no products, additives or chemicals, may be present unless they are for the preparation of the
           products of animal origin, for cleaning or for maintenance of equipment and installations.
           4.      Chemicals used for cleaning and disinfecting must be approved for that purpose.
           5.      The premises, installations and equipment may only be used for the production of products not intended for
           human consumption under the following conditions:
              (i) the storage of raw materials, unfit for human consumption, and the preparation and the storage of products,
                   unfit for human consumption, must be adequately separated in time or place from those for human
                   consumption;
             (ii) equipment which has been in contact with material unfit for human consumption must be cleaned and
                   disinfected before it is reused for the preparation of products of animal origin intended for human
                   consumption;
            (iii) the raw materials and the final products must be clearly identified as being unfit for human
                   consumption.
            6.      Any person employed in the preparation and packaging of products of animal origin shall be required to
            show a medical certificate indicating that there is no impediment to such employment. The medical certificate shall
            be renewed every year, unless some other staff medical check-up scheme offering equivalent guarantees is
            recognized in accordance with the procedure laid down in Article 24.
                                                                 CHAPTER III
                                                 Health control and supervision of production
            A control system shall be established by the competent authority. This control system shall include in
            particular:
            1. An inspection of establishments at regular intervals to verify in particular:
                 (a) compliance with the condition relating to premises, rooms, installations and equipment;
                 (b) the cleanliness of the establishments, facilities and equipment and to check on staff hygiene;
                 (c) — whether the raw materials are sound and fit for their intended use;
                       — whether the products are handled correctly;
                       — the microbiological and hygienic condition of the products of animal origin;
                       — the presence of any residues of substances having a pharmacological or hormonal effect, and of
                           antibiotics, detergents or other substances which are harmful or liable to render their consumption
                          dangerous or harmful to human health, where those residues exceed the permitted levels.
                       — whether the marks are applied correctly.
             2. Checks on the storage and transport conditions.
 ---pagebreak--- No C 327/36                              Official Journal of the European Communities                                            30. 12. 89
                                                             CHAPTER IV
                                                      Wrapping and packaging
          1.     Wrapping and packaging shall be carried out under satisfactory hygiene conditions, avoiding contamination
          of the products of animal origin.
          2.     Wrapping and packaging materials shall comply with all the hygiene rules, and in particular:
          — they must not be such as to alter the organoleptic characteristics of the products,
          — they must not be capable of transmitting to the products substances harmful to human health, and must comply
              with Council Directive 76/893/EEC (') relating to materials and articles intended to come into contact with
              foodstuffs,
          — they must be strong enough to protect the products adequately.
          3.     Wrapping and packaging materials may not be reused for the preparations and the products, with the
          exception of containers made of corrosion resistant material which may be reused after cleaning and
          disinfecting.
          4.     Unused materials for wrapping and packaging must be stored in a separate area away from the production
          area and be protected from dirt and contamination.
                                                             CHAPTER V
                                                Marking of products of animal origin
          1.     Without prejudice to the requirements laid down in Directive 79/112/EEC relating to the labelling,
          presentation and advertising of foodstuffs for sale to the ultimate consumers ( 2 ), it must be possible to trace back
          for inspection purposes the establishment of production and the batch of production.
          For this purpose each package of product of animal origin leaving the establishment shall, under the responsibility
          of the competent authority, be marked with:
          (a) a batch identification;
          (b) the identification of the establishment of production by means of
                (i) an oval surround containing the initials in Latin script (in capitals) of the country of production, i.e. B,
                    DK, D, EL, ESP, F, IRL, I, L, NL, P or UK, followed by
                    — the registration number of the establishment of production, and
                    — one of the following sets of initials: CEE, EEG, EWG, EOF, EEC or EOK,
                    — the letters and figures must be at least 0,2 cm high;
                    or
               (ii) the mention of name and address of the producer, in accordance with Directive 79/112/EEC.
          When the product is transported unwrapped the information, referred to in (a) and (b) and the nature of the
          products, shall be given in accompanying documents.
                                                             CHAPTER VI
                                                 Storage and transport requirements
          1.     Products of animal origin which cannot be stored at ambient temperature must be stored at the temperatures
          established by the manufacturer to ensure their durability. When stored under cooled conditions the storage
          temperatures must be registered and the cooling rate must be such that the product reaches the required
          temperature as quickly as possible.
          I1) OJ No L 340, 9. 12. 1976, p. 19.
          (2) O J N o L 3 3 , 8. 2. 1979, p. 2.
 ---pagebreak--- 30. 12. 89                                 Official Journal of the European Communities                                     No C 327/37
              2.   Vehicles and containers for the transport of perishable products of animal origin must be designed and
              equipped in such a way that the temperature required can be maintained throughout the period of transport.
              3.   Products of animal origin must be dispatched in such a way that they are protected from anything liable to
              contaminate them or to affect them adversely, having regard to the duration and conditions of transport and the
              means of transport employed.
              4.    In accordance with the procedure laid down in Article 24, the Commission may establish additional
              conditions for the storage and transport of specific products of animal origin.
              Proposal for a Council Decision concerning safeguard measures in the veterinary field in the
                                                  framework of the internal market
                                                           COM(89) 493 final
                                        (Submitted by the Commission on 30 October 1989)
                                                             (89/C 327/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  internal market ( J ); whereas that proposal provides, in
                                                                          particular, for interim safeguard measures to be taken;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                          Whereas it is now appropriate to set out the safeguard
thereof,                                                                  measures which will apply in the framework of the single
                                                                          market;
Having regard to the proposal from the Commission,                        Whereas the harmonious and effective operation of such
                                                                          measures requires that restrictions must be imposed by the
Having regard to the opinion of the European Parliament,                  Member State in which an outbreak or suspected outbreak of
                                                                          disease occurs;
Having regard to the opinion of the Economic and Social                   Whereas, in order to give all Member States the appropriate
Committee,                                                                guarantees, it is necessary to provide for stricter control by
                                                                          the Commission;
Whereas the Community is to adopt measures designed to
establish the internal market progressively over a period                 Whereas provision should be made for establishing close and
expiring on 31 December 1992;                                             effective cooperation between the Commission and the
                                                                          Member        States within the Standing             Veterinary
                                                                          Committee,
Whereas the harmonious operation of the common
organization of the market in livestock, livestock products,
products of animal origin and, in certain circumstances,
plants implies the dismantling of veterinary barriers to the              HAS ADOPTED THIS DECISION:
 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                                                Article 1
 common organization of markets and should facilitate the
 rational development of agricultural production and the                   1.    Each Member State shall immediately notify the other
 optimum use of the factors of production;                                Member States and the Commission of any outbreak or
                                                                           suspected outbreak in its territory of an animal disease likely
                                                                           to constitute a serious threat to animals, or of an animal
 Whereas, however, in the veterinary sector provision must be
                                                                           disease which is transmissible to humans and which
 made for safeguard measures, in order to protect human and
                                                                           constitutes a serious hazard to public health. It shall also
 animal health from any risk arising from the spread of serious
                                                                           notify the Commission and the other Member States of the
 animal diseases;
                                                                           measures it has taken. The latter must be such as to prevent
                                                                           the disease from streading in the Community, and to prevent
 Whereas the Commission has proposed to the Council a                      the risk to public health.
 Regulation (EEC) concerning veterinary checks in
 intra-Community trade with a view to the completion of the                (M OJ No C 225, 31. 8. 1988, p. 4.