CELEX: 51988PC0383(01)
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

No C 225/4                            Official Journal of the European Communities                                 31. 8. 88
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
               Proposal for a Council Regulation (EEC) concerning veterinary checks in intra-Community
                                trade with a view to the completion of the internal market
                                                      COM(88) 383 final
                                      (Presented by the Commission on 16 August 1988)
                                                        (88/C 225/04)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas this solution implies increased confidence in the
                                                                   veterinary checks carried out by the State of dispatch;
 Having regard to the Treaty establishing the European             whereas the latter must ensure that such veterinary
 Economic Community, and in particular Article 43                  checks are carried out in an appropriate manner; in
 thereof,                                                          particular the consigning Member State must take all
                                                                   action necessary to prevent goods from leaving
 Having regard to the proposal from the Commission,                prohibited zones and to ensure that goods can enter
                                                                   higher status zones; whereas consequently in certain situ-
 Having regard       to  the  opinion   of   the   European        ations control operations will have to be carried out at
 Parliament,                                                       the point of removal from lower status zones;
 Having regard to the opinion of the Economic and                  Whereas in the State of destination spot veterinary
 Social Committee,                                                 checks could be carried out at the place of destination;
 Whereas the Community is to adopt measures designed               whereas, however, in the event of a serious presumption
 to establish the internal market progressively over a             of irregularity, the veterinary check could be carried out
 period expiring on 31 December 1992;                              while the goods are in transit;
                                                                   Whereas provision must be made for the action to be
 Whereas the harmonious operation of the common
                                                                   taken where a veterinary check discloses that the
 organization of the market in livestock, livestock
                                                                   consignment is irregular; whereas in such a situation
 products, products of animal origin and, in certain
                                                                   three possible solutions may be singled out: the aim of
 circumstances, plants implies the dismantling of
                                                                   the first would be to provide for the regularization of
 veterinary barriers to the development of intra-
 Community trade in the products concerned; whereas in             incorrect documents, that of the second to avert any
 this respect the free movement of agricultural products is        danger where it is found that there has been an outbreak
 a fundamental feature of the common organization of               of an epizootic disease or any new serious and
 markets and should facilitate the rational development of         contagious disease, while the third would arise where the
 agricultural production and the optimum use of the               goods do not satisfy the requirements laid down for
 factors of production;                                           reasons other than those referred to above;
                                                                  Whereas provision should be made for a procedure for
Whereas in the veterinary field frontiers are currently           resolving conflicts which could arise concerning
 being used for carrying out checks aimed at safeguarding         consignments from an establishment, holding, production
public health and animal health;                                  centre or undertaking;
Whereas the ultimate aim between now and 1992 is to               Whereas in order that the new system of veterinary
ensure that veterinary checks are carried out at the place        checks may operate harmoniously and effectively, a noti-
of dispatch only; whereas the attainment of this objective        fication system must be established; whereas special rules
implies the harmonization of the basic requirements               must be laid down, as part of this notification system, for
relating to the safeguarding of public health and animal          intra-Community trade in livestock, and for trade in
health;                                                           goods the veterinary conditions governing which have
                                                                  not yet been harmonized at Community level;
Whereas with a view to the completion of the internal
market, provision should be made for a first step;                Whereas provision must be made for protective
whereas this consists in placing the emphasis on the              measures; whereas in this area, especially for reasons of
checks to be carried out at the place of dispatch and in          effectiveness, responsibility must rest firstly with the
organizing those that could be carried out at the place of        Member State of dispatch; whereas the Commission
destination; whereas such a solution would entail the             must be able to act speedily, in particular by way of
suspension of veterinary checks at the Community's                on-the-spot visits and adopting measures appropriate to
internal frontiers;                                               the situation;
 ---pagebreak--- 31. 8. 88                              Official Journal of the European Communities                              No C 225/5
Whereas in order to be effective, the rules laid down by                                  CHAPTER I
this Regulation must cover all goods that are subject in
the case of intra-Community trade to veterinary                         ORGANIZATION AND EFFECTS OF CHECKS
requirements; whereas, in view of the current state of
harmonization, goods that are not the subject of                                           Article 3
harmonized rules should comply with the requirements
of the State of destination provided that the latter are in       1.    Member States of dispatch shall carry out
conformity with Article 36 of the Treaty;                         veterinary checks in accordance with the provisions of
                                                                  Community Directives. Where there is no harmonization
                                                                  at Community level they shall ensure the conformity of
Whereas the provisions of existing Directives should be           livestock or livestock products with the rules of the
adapted to the new rules laid down in this Regulation;            Member State of destination where these are justified in
                                                                  the light of Article 36 of the Treaty.
Whereas the Commission should be entrusted with the
task of adopting measures for applying this Regulation;           2.    Member States shall not permit the dispatch to
whereas, to that end, provision should be made for                other Member States of goods that cannot be marketed
procedures establishing close and effective cooperation           in their own territory for reasons justified in the light of
between the Commission and the Member States within               Article 36 of the Treaty.
the Standing Veterinary Committee,
                                                                                           Article 4
HAS ADOPTED THIS REGULATION:                                      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
                            Article 1                             suspicion of irregularity, the veterinary check may be
1. The Member States shall, in intra-Community trade,             carried out while the goods are being transported.
carry out veterinary checks in accordance with the
provisions of this Regulation.                                    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
2.     The provisions of this Regulation shall be without         Member State of destination to dispose of the goods.
prejudice to the continued application of the veterinary
requirements which the products concerned must meet
pursuant to Community Directives or, where those                                           Article 5
requirements have not yet been harmonized at
Community level, under national provisions which satisfy           1.   Where Community rules or, in areas which have
the conditions of Article 36 of the Treaty.                       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
                            Article 2                             normally take place at the holding of destination.
For the purpbses of this Regulation:
                                                                  2.    A quarantine station may be used if this is justified
                                                                  in the light of exceptional circumstances. Such station
 1. Veterinary check means any physical check or adminis-         shall be regarded as the place of destination of the
    trative formality which applies to livestock, livestock       consignment. The Member State concerned shall notify
    products or products of animal origin and which is            the Commission of the grounds on which such action is
    intended for the protection, direct or otherwise, of          being taken.
    public or animal health and any physical check or
    administrative formality which applies to plants and is
    intended for the protection of animal health.                 3.    Obligations relating to quarantine and the location
                                                                  of the latter shall be specified in the veterinary
                                                                  requirements referred to in Article 10 (1).
2. Intra-Community       trade means trade between two
    Member States in goods which satisfy the requirement
    of Article 9(2) of the Treaty.                                                         Article 6
                                                                   1.   If during a check carried out at the place of desti-
3. Veterinary requirements mean requirements intended             nation of a consignment the competent authorities of the
    for the protection of public or animal health not             Member State of destination find that the consignment is
    including those relating to additives.                        accompanied by documents which are not in order, they
                                                                  shall contact the competent authorities of the Member
4. Competent authorities of the Member States means               State of dispatch without delay. The latter authorities
    authorities of the Member States competent in                 and those of the Member State of destination shall
    veterinary matters.                                           cooperate with a view to rectifying the documents
 ---pagebreak--- No C 225/6                             Official Journal of the European Communities                                 31. 8. 88
concerned and, if nece'ssary, obtaining the additional            2.     In the case of livestock the competent authorities of
official particulars required.                                    the State of destination may take the necessary measures,
                                                                  including quarantine, with a view to clarifying the
2.     If the documents cannot be put right within a              situation of animals which are suspected of having
reasonable period the provisions of Article 8 shall apply.        contracted or of having been contaminated with a
                                                                  contagious disease or of representing a threat of the
3.     Detailed rules for the application of this Article         spread of such a disease.
shall be adopted, if necessary, in accordance with the
procedure laid down for in Article 16.
                                                                  3.    The competent authorities of the State of desti-
                                                                  nation shall take all necessary measures to prevent the
                           Article 7                              improper use of the goods. The use to which the goods
1.     If during a check, carried out at the place of desti-      are to be put shall be shown clearly in a veterinary
nation of a consignment the competent authorities of the          certificate or accompanying veterinary documents.
Member State of destination establish the presence of an
epizootic or any new serious and contagious disease they          4.    Where a consignment is rejected the Member State
shall order that the animals be slaughtered at once or            concerned shall authorize its re-consignment, transit or
that the consignment be destroyed.                                re-importation as appropriate.
2.    The competent authorities of the Member State of
destination shall without delay notify the Commission             5.     Decisions taken by the competent authorities of the
and the competent authorities of the other Member                 State of destination and the reasons for such decisions
States of the measures taken and the reasons for taking           shall be notified to the consignor or his representative.
such action. The Member State of dispatch and, where              The said decisions and reasons shall, if the consignor or
appropriate, the Member State of destination and the              his representative so requests, be forwarded to him in
Commission shall put into effect the measures provided            writing with details of the rights of appeal which are
for in Article 12.                                                available to him under the law in force and of the
                                                                  procedure and time limits applicable.
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              6.     Member States shall grant consignors the right to
out they shall order that the animals be slaughtered              require that an expert be consulted before the decisions
without delay. They shall immediately notify the                  referred to in paragraph 1 are put into effect. The expert
competent authorities of the State of dispatch, the other         must be a national of a Member State other than the
Member States and the Commission of the measures                  Member State of dispatch or the Member State of desti-
taken and of the reasons for taking such action. The              nation.
Member State of dispatch and, where necessary, the
Member State of transit and the Commission shall put              The Commission shall draw up, on a proposal from the
into effect the measures provided for in Article 12.              Member States, a list of experts who may be consulted
                                                                  pursuant to the preceding subparagraph.
4.     Costs relating to the slaughter of the animals or the
destruction of the consignment shall be borne by the
                                                                  7.     Detailed rules for the application of this Article
consignor or his agent.
                                                                  shall be adopted, if necessary, in accordance with the
5.     Detailed rules for the application of this Article         procedure laid down for in Article 16.
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,
                           Article 8                              destroying them or, where applicable, consulting an
                                                                  expert, shall be borne by the consignor or his represen-
1.     If during a check carried out at the place of desti-       tative.
nation 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                                      Article 9
not meet the conditions laid down by Community
Directives or, in areas which have not yet been                   1.     If, following checks carried out at the place of
harmonized at Community level, by the rules of that               destination of a consignment, a Member State considers
Member State, the said authorities shall give the                 that an establishment, holding, production centre or
consignor or his representative the choice of:                    undertaking in another Member State does not meet the
                                                                  veterinary requirements of its national provisions, or that
— returning the consignment to the Member State of                in areas where harmonization has taken place at
    dispatch,                                                     Community level the provisions of Community
                                                                  Directives and in particular those governing approval
— using the goods for other purposes, or
                                                                  have not been or are no longer met, it shall notify the
— destroying the goods.                                           competent central authority of that Member State.
 ---pagebreak--- 31. 8. 88                             Official Journal of the European Communities                              No C 225/7
2.    The competent central authority of the Member              veterinary requirements which goods must meet in order
State of dispatch shall take all measures necessary              to be allowed into their territory, and of any
including, where appropriate, the withdrawal of approval         amendments to those requirements.
and shall notify the central competent authority of the
Member State of destination of the measures it has taken         2.    Detailed rules for the application of this Article,
and the reasons for taking such action.                          and in particular the measures necessary to computerize
                                                                 the list of the requirements referred to in paragraph 1,
3.    If the Member State of destination suspects that the       shall be adopted in accordance with the procedure laid
measures referred to in paragraph 2 may not be taken or          down in Article 16.
may be inadequate it shall together with the Member
State of dispatch seek ways of remedying the situation, if
necessary by an on-the-spot inspection. Member States                                      Article 11
shall keep the Commission informed of any disputes               1.    Member States shall ensure that, where the
which have arisen and of the solutions which have been           veterinary requirements for trade in products have not
applied.                                                         yet been harmonized at Community level, and in the
4.    If the Member States referred to in paragraph 3 are        case of trade in livestock, the notification arrangements
unable to reach agreement, one of them shall, within a           provided for in this Article are put into effect.
reasonable period, bring the matter before the
Commission which shall instruct one or more experts to           2.    In order to take account of certain specific situ-
deliver an opinion on it. Pending such opinion the               ations the Commission may, in accordance with the
Member State of dispatch shall carry out more stringent          procedure laid down in Article 16, widen the scope of
checks on goods coming from the establishment,                   the notification arrangements provided for in this Article.
holding, production centre or undertaking concerned.
The Member State of destination may increase the                 3.    The competent authorities of the Member State of
number of checks at the place of destination of the              dispatch shall, as soon as each consignment leaves their
consignment on goods from the establishment, holding,            territory, notify the competent authorities of the Member
production centre or undertaking concerned. The                  State of destination. Notification shall, in principle,
Commission shall, at the request of either of the Member         consist in sending, by the fastest means of communi-
States concerned, immediately instruct an expert to go to        cation available, a copy of the veterinary certificate
the place of dispatch with a view to proposing appro-            which must accompany each consignment.
priate protective measures.
                                                                 4.    In the case of the transit of livestock, the
5.    The Commission may, in the light of the experts'           Commission shall, in accordance with the procedure laid
opinions, adopt suitable measures in accordance with the         down in Article 16, adopt rules for notifying the
procedure laid down in Article 15. These may include             Member States of transit.
requiring the Member State of dispatch to prohibit the
dispatch of goods from an establishment, holding,                5.    Detailed rules for the application of this Article, in
production plant or undertaking.                                 particular the means of communication to be used and
                                                                 the list of products referred to in paragraph 1, shall be
6.    The Commission shall monitor the situation in the
                                                                 adopted, where necessary, in accordance with the
establishment, holding, production centre or undertaking
                                                                 procedure laid down in Article 16.
concerned and may, in accordance with the procedure
laid down in Article 15, alter or suspend the measures
referred to in paragraph 5, in particular where a new
                                                                                         CHAPTER III
opinion is delivered by one or more experts.
                                                                                  PROTECTIVE MEASURES
7.    In the event of a dispute necessitating recourse to a
method and/or reference standards, a solution shall be
sought on the basis of a recognized method and/or                                          Article 12
reference standards following consultation of the                 1.   Each Member State shall immediately notify the
Scientific Veterinary Committee, in accordance with the          other Member States and the Commission of any
procedure laid down in Article 16.                               outbreak or suspected outbreak in its territory of a
8.    Detailed rules for the application of this Article         contagious animal disease which is likely to pose a threat
shall be adopted, where necessary, in accordance with            to animals, or of an animal disease which is transmissible
the procedure laid down in Article 16.                           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
                       CHAPTER II                                latter must be such as to prevent the disease from
                                                                 spreading in the Community, and to prevent any risk to
                     NOTIFICATION                                public health.
                         Article 10
                                                                 2.    Representatives of the Commission may go at once
1.    Member States shall provide each other and the             to the place concerned. If the Commission considers that
Commission with the fullest information on the                   the measures referred to in paragraph 1 are inadequate,
 ---pagebreak---    No C 225/8                             Official Journal of the European Communities                                 31. 8. 88
  it shall as soon as possible take such decision as it              6.    Article 5 (3) and (4) of Council Directive
  considers justified in the light of the situation.                 71/118/EEC of 15 February 1971 on health problems
                                                                     affecting trade in fresh poultrymeat (3) are hereby
  3.     The Commission shall review the situation within            deleted.
  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           7.    Articles 9, 10 and 11 of Directive 71/118/EEC are
  be called for. The Commission shall monitor the                    hereby deleted.
  situation and, in accordance with the procedure laid
  down in Article 15, amend or repeal the decisions
                                                                     8.    Article 5 (2), (3), (4) and (5) of Council Directive
  referred to in this paragraph and in paragraph 2 in the
                                                                     72/461/EEC of 12 December 1972 on animal health
  light of developments.
                                                                     problems affecting intra-Community trade in fresh
                                                                     meat (4) are hereby deleted.
  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                 9.    Articles 6, 8, 12 and 13 of Directive 72/461/EEC
  accordance with the procedure laid down in Article 16.             are hereby deleted.
                         CHAPTER IV                                  10.     The last subparagraph of Article 12 (7) of Council
                                                                     Directive 72/462/EEC of 12 December 1972 on health
                    GENERAL PROVISIONS
                                                                     and veterinary inspection problems upon importation of
                                                                     bovine animals and swine and fresh meat from third
                           Article 13                                countries (5) is hereby deleted.
   1.   Where Community rules or, in areas where
  harmonization has not yet taken place at Community                 11.    The following is added to the certificate set out in
  level, national provisions require that the goods be               Annex B to Directive 72/462/EEC: 'Name and address
  accompanied       by   a veterinary       certificate,  each       of consignee . . . ' .
  consignment shall be accompanied by a veterinary
  certificate showing the place of destination of the
  consignment.                                                       12.    Article 6 (3) and (4) of Council Directive
                                                                     77/99/EEC of 21 December 1976 on health problems
  2.    The Commission may, in accordance with the                   affecting intra-Community trade in meat products (6) are
  procedure provided for in Article 16, lay down the                 hereby deleted.
  conditions under which, exceptionally, a consignment in
  transit may be split up into several smaller consignments,
  or a change of destination may be adopted.                         13.    Articles 11 and 15 of Directive 77/99/EEC are
                                                                     hereby deleted.
                           Article 14
   1.   Article 3 (2) (h) of Council Directive 64/432/EEC            14.    Articles 6 and 7 of Council Directive 80/215/EEC
  of 26 June 1964 on health problems affecting intra-                of 22 January 1980 on animal health problems affecting
  Community trade in bovine animals and swine (') is                 intra-Community trade in meat products (7) are hereby
  hereby replaced by the following: '(h) after loading be            deleted.
  sent as quickly as possible to the place of destination'.
                                                                     15.    Article 5 (3) and (4) of Council Directive
  2.    Paragraphs 1, 2, 3, 4, 6 and 7 of Article 6 of
                                                                     85/397/EEC of 5 August 1985 on health and animal-
t Directive 64/432/EEC are hereby deleted.
                                                                    health problems affecting intra-Community trade in
                                                                    heat-treated milk (8) are hereby deleted.
  3.    Articles 9 and 10 of Directive 64/432/EEC are
  hereby deleted.
                                                                     16.    Articles 7 and 12 of Directive 85/397/EEC are
  4.    Article 8 (3) of Council Directive 64/433/EEC of            hereby deleted.
  26 June 1964 on health problems affecting intra-
  Community trade in fresh meat (2) is hereby deleted.
  5.    Articles 10 and 11 of Directive 64/433/EEC are
                                                                    O    OJ  No L 55, 8. 3. 1971, p. 23.
  hereby deleted.
                                                                    (4)  OJ  No L 302, 31. 12. 1972, p. 24.
                                                                    C)   OJ No  L 302, 31. 12. 1972, p. 28.
                                                                    (*)  OJ No  L 26, 31. 1. 1977, p. 85.
  (') OJ No 121, 29. 7. 1964, p. 1977/64.                           O    OJ  No L 47, 21. 2. 1980, p. 4.
  O OJ No 121, 29. 7. 1964, p. 2012/64.                             (8)  OJ  No L 226, 24. 8. 1985, p. 13.
 ---pagebreak---  31. 8. 88                              Official Journal of the European Communities                             No C 225/9
                          Article 15                                referral to the Council, the Council has not acted, the
                                                                   proposed measures shall be adopted by the Commission.
  1.   The Commission shall be assisted by the Standing
 Veterinary Committee set up by Council Decision                                             Article 16
 68/361/EEC ('), hereinafter referred to as 'the Com-
 mittee'.                                                           1.    Where the procedure laid down in this Article is to
                                                                   be followed, the following provisions shall apply.
 2.    Where the procedure laid down in this Article is to
                                                                    2.    The representatives of the Commission shall submit
 be followed, the following provisions shall apply.
                                                                   to the committee a draft of the measures to be taken.
                                                                   The committee shall deliver its opinion on the draft
 3.    The representative of the Commission shall submit           within a period of two days. The opinion shall be
 to the committee a draft of the measures to be taken.             delivered by the majority laid down in Article 148 (2) of
 The committee shall deliver its opinion on the draft              the Treaty in the case of decisions which the Council is
 within a time-limit which the chairman may lay down               required to adopt on a proposal from the Commission.
 according to the urgency of the matter. The opinion               The votes of the representatives of the Member States
 shall be delivered by the majority laid down in Article           within the committee shall be weighted in the manner set
 148 (2) of the Treaty in the case of decisions which the          out in that Article. The chairman shall not vote.
 Council is required to adopt on a proposal from the
 Commission. The votes of the representatives of the                3.    The Commission shall adopt the measures
 Member States within the committee shall be weighted in           envisaged if they are in accordance with the opinion of
 the manner set out in that Article. The chairman shall            the committee.
 not vote.
                                                                   4.     If the measures envisaged are not in accordance
 4.    The Commission shall adopt the measures                     with the opinion of the committee, or if no opinion is
 envisaged if they are in accordance with the opinion of           delivered, the Commission shall, without delay, submit
 the committee.                                                    to the Council a proposal relating to the measures to be
                                                                   taken. The Council shall act by a qualified majority.
 5.    If the measures envisaged are not in accordance             If, on the expiry of a period of three months from the
with the opinion of the committee, or if no opinion is             date of referral to the Council, the Council has not
 delivered, the Commission shall, without delay, submit            acted, the propqsed measures shall be adopted by the
 to the Council a proposal relating to the measures to be          Commission.
 taken. The Council shall act by a qualified majority.
                                                                                            Article 17
 If, on the expiry of a period of 15 days from the date of
                                                                   This Regulation shall enter into force on 1 April 1989.
                                                                   This Regulation shall be binding in its entirety and
 0) OJ No L 255, 19. 10. 1968, p. 23.                              directly applicable in all Member States.
              Proposal for a Council Regulation (EEC) on intensifying controls on the application of the
                                                        veterinary rules
                                                      COM(88) 383 final
                                      (Presented by the Commission on 16 August 1988)
                                                        (88/C 225/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Having regard      to   the   opinion of  the   European
                                                                   Parliament,
Having regard to the Treaty establishing the European              Having regard to the opinion of the Economic and
Economic Community, and in particular Article 43                   Social Committee,
thereof,
                                                                   Whereas the Community is to adopt measures for the
                                                                   progressive establishment of the internal market over a
Having regard to the proposal from the Commission,                 period ending on 31 December 1992;