CELEX: 51989PC0658
Language: en
Date: 1990-02-01
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN ANIMAL HEALTH REQUIREMENTS FOR THE PLACING ON THE MARKET IN THE COMMUNITY OF ANIMALS AND PRODUCTS OF ANIMAL ORIGIN NOT COVERED IN THIS RESPECT BY SPECIFIC COMMUNITY RULES

N o C 84/102                              Official Journal of the European Communities                                     2. 4. 90
— the geographical situation of the establishments,                  majority laid down in Article 148 (2) of the Treaty in the case
                                                                     of decisions which the Council is required to adopt on a
— local traditions,
                                                                     proposal from the Commission. The votes of the
— the size of the establishments concerned and their                 representatives of the Member States within the Committee
    production volume,                                               shall be weighted in the manner set out in that Article. The
— the nature of the production concerned, including the              Chairman shall not vote.
    technology used,
                                                                     The Commission shall adopt the measures envisaged if they
— the distribution       channels     for    the    production       are in accordance with the opinion of the Committee.
    concerned,
                                                                     If the measures envisaged are not in accordance with the
                          Article 4                                  opinion of the Committee, or if no opinion is delivered, the
                                                                     Commission shall, without delay, submit to the Council a
1.     The Commission shall be assisted by the Standing              proposal relating to the measures to be taken.
Veterinary Committee set up by Council Decision
68/361/EEC ( ! ), hereinafter called 'the Committee'.                The Council shall act by a qualified majority.
2.    Whereas the procedure laid down in this Article is to be
                                                                     If, on the expiry of a period of three months from the date of
followed the following provisions shall apply.
                                                                     referral, the Council has not acted, the proposed measures
The representative of the Commission shall submit to the             shall be adopted by the Commission.
Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a time
limit which the Chairman may lay down according to the
                                                                                                 Article S
urgency of the matter. The opinion shall be delivered by the
H~OJ No L.T55, 18. 10. 1968, p. 23.                                  This Decision is addressed to the Member States.
             Proposal for a Council Regulation (EEC) laying down animal health requirements for the placing on
             the market in the Community of animals and products of animal origin not covered in this respect by
                                                     specific Community rules
                                                        COM(89) 658 final
                                     (Submitted by the Commission on 13 February 1990)
                                                            (90/C 84/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             governing the placing of animals and products of animal
                                                                     origin on the market should be laid down at Community
Having regard to the Treaty establishing the European                level;
Economic Community, and in particular Article 43
thereof,                                                             Whereas the Community must adopt the measures intended
                                                                     to establish the internal market progressively over a period
Having regard to the proposal from the Commission,                   expiring on 31 December 1992;
                                                                     Whereas, in view of the abovementioned objectives, the
Having regard to the opinion of the European Parliament,
                                                                     Council has laid down animal health rules applicable to
                                                                     cattle, swine, sheep and goats, equidae, poultry and hatching
Having regard to the opinion of the Economic and Social
                                                                     eggs, fish and fish products, rodents, semen of bulls and
Committee,
                                                                     boars, bovine embryos, fresh meat, poultrymeat, meat
                                                                     products, game meat and rabbit meat;
Whereas live animals and products of animal origin are
included in the list of products in Annex II to the Treaty;          Whereas animal health rules should be adopted for the
whereas the placing on the market of animals and products of         placing on the market of animals and products of animal
animals origin constitutes a source of income for a large part       origin which are not covered by the abovementioned
of the farming population;                                           rules;
Whereas in order to ensure the rational development of this          Whereas, in order to be placed on the market, animals and
sector and to increase productivity, animal health rules             products of animal origin must satisfy certain animal health
 ---pagebreak--- 2. 4. 90                                Official Journal of the European Communities                                N o C 84/103
requirements designed to prevent the spread of contagious            2. 'fur animals' means animals of the order Carnivora,
diseases;                                                                other than those covered by Regulation (EEC) No . . .
                                                                         (cats and dogs) ( 8 ), and in particular mink and foxes;
 Whereas provision should be made for applying this
 Regulation without prejudice to Council Regulation (EEC)            3.  'bees' means insects of the species Apis;
 No 3626/82 of 3 December 1983 on the implementation in
 the Community of the Convention on International Trade in           4.  'monkeys' means animals of the order Primates, in
 Endangered Species of Wild Fauna and Flora ( a ), as last               particular lemurs and gorillas;
 amended by Regulation (EEC) No 610/89 (2);
                                                                     5.  'ungulates' means animals of the order Ungulata, other
                                                                         than those covered by Directive 64/432/EEC,
 Whereas reference should be made to Council Directives                  Regulation (EEC) No . . . (sheep and goats) (9) and
 64/432/EEC ( 3 ), as last amended by Directive                          Regulation (EEC) No . . . (equidae) ( 10 ), in particular
 88/406/EEC( 4 ) and 85/511/EEC (5) as regards certain                   buffaloes, bison, red deer, roe deer and wild boar;
 technical aspects;
                                                                     6.  'products of animal origin' means any product directly
 Whereas, in respect of the organization and effects of the              or indirectly derived from an animal, whether
 checks to be carried out by the Member State of destination             processed or otherwise;
 and the safeguard measures to be implemented, reference
 should be made to the general rules laid down in Council            7.  'apiculture products' means honey, beeswax, royal
 Regulation (EEC) No . . . of . . . concerning veterinary                jelly, propolis or pollen, other than for human
checks in intra-Community trade with a view to the                       consumption;
 completion of the internal market (6);
                                                                     8. 'milk-based products' means all milk products as
                                                                         defined in Article 2 of Regulation (EEC) No . . . (milk
Whereas provision should be made for autonomous checks
                                                                         products) ( n ) ;
to be carried out by the Commission;
                                                                     9.  'holding' means a facility in which animals are
Whereas provision should be made for a procedure                         habitually kept or reared;
establishing close cooperation between the Member States
 and the Commission within the Standing Veterinary                 10.   'establishment' means a facility in which products of
Committee,                                                               animal origin are treated, stored or handled;
                                                                   11.   'compulsorily notifiable diseases' means the diseases
                                                                         which are listed in Annex A and which, if present or
HAS ADOPTED THIS REGULATION:                                             suspected of being present in the species concerned,
                                                                         must be notified to the competent authority of the
                                                                         Member State;
                           Article 1                               12.   'official veterinarian' means a veterinarian designated
                                                                         by the competent authority of the Member State.
1.     This Regulation lays down animal health requirements
for the placing on the market in the Community of animals
and products of animal origin not subject to animal health                                      Article 3
requirements laid down in other specific Community
rules.                                                             Animals may be placed on the market only if they show no
                                                                   clinical signs of disease.
2.     This Regulation shall apply without prejudice to the
provisions adopted pursuant to Regulation (EEC)
No 3626/82.                                                                                     Article 4
                                                                   In order to be placed on the market:
                                                                   1. cagebirds must meet the requirements set out in
                           Article 2
                                                                        Annex B;
For the purposes of this Regulation:                               2. fur animals must meet the requirements set out in
                                                                        Annex C;
  1. 'cagebirds' means birds other than those specified by
      Regulation (EEC) No . . . (live poultry and hatching         3. bees must meet the requirements set out in Annex D;
      eggs) ( 7 ), in particular those susceptible to              4. monkeys must meet the requirements set out in
      ornithosis/psittacosis;                                           Annex E;
(') OJNoL 384, 31. 12. 1982, p. 1.                                 5. ungulates must meet the requirements set out in
(2) OJ No L 66, 10. 3. 1989, p. 24.                                     Annex F;
(3) OJ No 121, 29. 7. 1964, p. 1977/64.
(4) OJ No L 194, 22. 7. 1988, p. 1.                                "(8) OJNofT. .
(5) OJ No L 315, 26. 11. 1985, p. 11.                               (9) OJ No L . . .
(6) OJ No L . . .                                                  (10) OJNoL. . .
(7) OJ No L . . .                                                  i11) OJNoL. . .
 ---pagebreak--- No C 84/104                                 Official Journal of the European Communities                                     2. 4. 90
6. semen, ova and embryos of equidae and of sheep and                  2.     Where the procedure laid down in this Article is to be
     goats, ova and embryos of swine and bovine ova must               followed, the provisions set out below shall apply.
     meet the requirements set out in Annex G;
                                                                       The representative of the Commission shall submit to the
7. apiculture products must meet the requirements set out
                                                                       Committee a draft of the measures to be taken. The
     in Annex H;
                                                                       Committee shall deliver its opinion on the draft within a time
8. milk and milk-based products                must    meet   the      limit which the Chairman may lay down according to the
     requirements set out in Annex I.                                  urgency of the matter. The opinion shall be delivered by the
                                                                       majority laid down in Article 148 (2) of the Treaty in the case
                             Article S                                 of decisions which the Council is required to adopt on a
                                                                       proposal from the Commission. The votes of the
The animal health requirements which animals and products              representatives of the Member States within the Committee
of animal origin other than those specified in Article 4 must          shall be weighted in the manner set out in that Article. The
meet in order to be placed on the market shall, where                  Chairman shall not vote.
necessary, be adopted in accordance with the procedure laid
down in Article 10.                                                    The Commission shall adopt the measures envisaged if they
                                                                       are in accordance with the opinion of the Committee.
                             Article 6                                 If the measures envisaged are not in accordance with the
The rules laid down in Council Regulation (EEC) No . . .               opinion of the Committee, or if no opinion is delivered, the
(checks) 0 ) , shall apply, in particular as regards the               Commission shall, without delay, submit to the Council a
organization and effects of the checks carried out by the              proposal relating to the measures to be taken. The Council
Member State of destination and the safeguard measures to              shall act by a qualified majority.
be applied.
                                                                       If, on the expiry of a period of three months from the date of
                                                                       referral to the Council, the Council has not acted, the
                             Article 7                                 proposed measures shall be adopted by the Commission.
Pending the application of Community rules, the
requirements applicable to imports of animals and products                                        Article 11
of animal origin from third countries shall not be more
favourable than those laid down in this Regulation.                    Where the procedure laid down in this Article is to be
                                                                       followed, the following provisions shall apply.
                            Article 8
                                                                       The representative of the Commission shall submit to the
Veterinary experts from the Commission may make                        Committee a draft of the measures to be taken. The
on-the-spot inspections in so far as that is necessary for             Committee shall deliver its opinion on the draft within a time
ensuring uniform application of this Regulation. The                   limit which the Chairman may lay down according to the
Commission shall notify the Member States of the results of            urgency of the matter, if necessary by taking a vote.
such inspections.
                                                                       The opinion shall be recorded in the minutes; in addition,
The Member State in whose territory an inspection is being             each Member State shall have the right to ask to have its
carried out shall give all necessary assistance to the experts in      position recorded in the minutes.
carrying out their duties.
                                                                       The Commission shall take the utmost account of the
General provisions for the application of this Article and the
                                                                       opinion delivered by the Committee. It shall inform the
rules applicable in respect of inspections carried out pursuant
                                                                       Committee of the manner in which its opinion has been taken
to this Article shall be adopted in accordance with the
                                                                       into account.
procedure laid down in Article 11.
                            Article 9                                                             Article 12
The Annexes may be amended in accordance with the                      This Regulation shall enter into force on the 30th day
procedure laid down in Article 10.                                     following its publication in the Official Journal of the
                                                                       European Communities.
                            Article 10
                                                                       It shall apply from 1 January 1991.
1.     The Commission shall be assisted by the Standing
Veterinary Committee, set up by Council Decision
68/361/EEC ( 2 ), hereinafter          referred to as 'the             This Regulation shall be binding in its entirety and directly
Committee'.                                                            applicable in all Member States.
(') OJ No L . . .
(2) OJ No L 225, 18. 10. 1968, p. 23.
 ---pagebreak--- 2. 4. 90                                Official Journal of the European Communities                                         No C 84/105
                                                              ANNEX A
         Compulsorily notifiable diseases                                              Species concerned
         —  American foulbrood                                                         bees
         —  Acariosis                                                                  bees
         —  Varroasis                                                                  bees
         —   Ornithosis/psittacosis                                                    cagebirds
         —  Newcastle disease                                                          cagebirds
         —  Avian influenza as defined in point 1 of Annex II to Regulation
            (EEC) No . . . poultry and hatching eggs                                   cagebirds
         — Tuberculosis                                                                primates and ungulates
         —  Foot-and-mouth disease                                                     ungulates
         —  Brucellosis {Brucella spp.)                                                ungulates
         —  Classical swine fever                                                      ungulates
         —  African swine fever                                                        ungulates
         —  Rabies                                                                     fur animals, ungulates, primates
         —  Aleutian disease                                                           mink
         —  Viral enteritis of mink                                                    mink
                                                              ANNEX B
         Cagebirds
         1. Cagebirds must not have originated in an area infected by Newcastle disease or by avian influenza as defined in
             Annex II to Council Regulation (EEC) No . . . (poultry and hatching eggs).
         2. In addition, birds susceptible to ornithosis/psittacosis must not have originated on a holding which is the
             subject of a prohibition order associated with an occurrence of ornithosis / psittacosis (Chlamydia psittaci) and
             must not have been in contact with animals from such a holding. The period of prohibition after the last
             recorded case and the period of treatment with antibiotics under veterinary supervision must be at least two
             months. However, different requirements may be adopted in accordance with the procedure laid down in
             Article 10.
                                                              ANNEX     C
         Fur animals
         1. Without prejudice to the quarantine measures adopted against rabies, fur animals must not have originated on
             a holding which is the subject of a prohibition order associated with an occurrence of rabies and must not have
             been in contact with such a holding. The period of prohibition after the last recorded case must be at least six
             months.
         2. In addition, mink:
             (a) must not have originated on a holding which is the subject of a prohibition order associated with an
                  occurrence of viral enteritis in mink and must not have been in contact with animals from such a holding.
                  The period of prohibition after the last recorded case and following the date on which all susceptible
                  animals on the holding were vaccinated must be at least one month;
             (b) must have originated on a holding which is free from Aleutian disease. Detailed rules for the application of
                  this paragraph will, if required, be adopted in accordance with the procedure laid down in
                  Article 10.
 ---pagebreak--- N o C 84/106                               Official Journal of the European Communities                                             2. 4. 90
                                                                ANNEX     D
           Bees
              I. Bees must:
                 (a) not have originated in an area which is the subject of a prohibition order associated with an occurrence of
                     American foulbrood or acariosis. The period of prohibition after the last recorded case must be at least
                     30 days, within a radius of 5 kilometres.
                 (b) not have originated in an area where varroasis is endemic or which is the subject of a prohibition
                      associated with an occurrence of varroasis. The period of prohibition after the last recorded case must be
                      at least six months, within a radius of 5 kilometres.
             II. By way of derogation from point I (b), one or more queen bees and their attendants (up to 20 bees per queen)
                 may originate in an area where varroasis is endemic or which is the subject of a prohibition order associated
                 with an occurrence of varroasis, provided the following conditions are met:
                 (a) they must have undergone, under the supervision of the com petent authority, effective treatment against
                     varroasis not more than seven days prior to being placed on the market;
                 (b) they must be accompanied by a certificate as set out in IV below. The period of validity of the certificate is
                      10 days.
            III. By way of derogation from point I (b), a hive or bee colony placed on the market for transhumance purposes
                 may originate in an area where varroasis is endemic or which is the subject of a prohibition order associated
                 with an occurrence of varroasis, provided the following conditions are met:
                 (a) the hive or colony must have undergone, under the supervision of the competent authority, effective
                     treatment against varroasis not more than six months prior to being placed on the market;
                 (b) it must be intended for an area where varroasis is endemic or which is the subject of a prohibition order
                      associated with an occurrence of varroasis;
                 (c) the hive or colony must be accompanied by a certificate as set out in IV below. The period of validity of
                     the certificate is six months from the date of the treatment specified in (a) above.
 ---pagebreak--- ^oC^gtt^                                C^t^c^l]ourn^lotr^Lnro^^nCornrnuntn^                                                                ^^^0
                                                            B^^^^X^
        donkeys
         I. donkeys must^
            ^a^ not haveonginatedonaholdingwhich is the subject ofaprohibition order associated with an occurrence
                  of rabies and must not have been in contact with animals from suchaholding.The period of prohibition
                  after the last recorded case must be at least six months^
            ^     haveundergone,withnegativeresults,asubcutaneoustubercuhn test dunngthesixmonthspnorto being
                  placed on the market. Oetailed implementing rules regarding the tuberculin test will, if necessary, be
                  adopted in accordance with the procedure laid down in ^rticlefO^
            ^     be accompanied by the certificate foreseen under III,the valid period o f ^ d a y s .
        II. Byway of derogationfromlabove,monkeys may beplaced on the marketiftheyareconsignedfrom and to an
            officially approvedbody,mstituteorcentre. I n o r d e r t o b e g r a n t e d o f f i c i a l a p p r o v a l b y the competent
            authorities of the member ^tate the body, institute or centre must be under the supervision of an official
            veterinarian.
 ---pagebreak--- ^oC^BMO                                        C^t^ci^I]ourn^otr^^^uro^c^nCornrnuntn^                                                                                ^^ ^0
                                                                           B ^ ^ ^ ^ ^ ^
       Ungulates
         I Ungulates must
           m^ not be due for slaughter underacontagious disease eradication programme,
           ^     nothaveonginatedonaholdingwhichisthesub^ectofaprohibition order associated with an occurrence
                 of tuberculosis and must not have been in contact with animals from suchaholding The period of
                 prohibition after the last recorded case must be at least three months,
           ^     not be the subject of animal health measures adopted pursuant to O i r e c t i v e ^ ^ 3 M ^ ^ e
           ^     not have been vaccinated against foot and^mouth disease,
           ^     not have come fromaholding as referred to in ^ r t i c l e ^ ^ ^ a n d ^ o f O i r e c t i v e ^ ^ ^ ^ ^ e ,
           ^f^   be accompanied by the certificate specifiedmVII below
        II lOummants and suidae must also be identified If necessary, the methods used for identification are to be
           adopted in accordance with the procedure laid down in ^rticlele^
       III In addition to the requirements laid down i n l a n d II,ruminants must have been keptmisolation under
           veterinary supervision on the holding of origin for the ^e^ days before being placed on the market, and during
           that period must have undergone, with negative results
           m^ a subcutaneous tuberculin test carried out in accordance with the provisions of A n n e ^ B t o directive
                 ^ ^ ^ ^ r ^ O B However, different detailed implementing rules may, v^here necessary, be adopted for
                 certain species in accordance with the procedure laid down in ^ r t i c l e l l ,
           ^b^ aserum agglutination test andacomplement fixation test carried out in accordance with the provisions
                 of^andBof^nne^etoOirective^^^^^C                                         However,differentdetailedimplementingoftestrules
                 may, where necessary, be adopted for certain species in accordance with the procedure laid down in
                 article r^
       IV  In addition to the requirements laid down i n l a n d II,suidae must
           m^ have been kept in isolation undervetennary supervision on the holding of origin f o r ^ d a y s before being
                 placed on the market, and during that period must have undergone, with negative results
                  ^i^ aserumagglutmation test andacomplementfi^ationtestin accordance w i t h ^ a n d B o f ^ n n e ^ e t o
                       Oirective^^^B^re,
                 m^ atest carried out in accordance with ^ n n e ^ I t o O i r e c t i v e ^ O ^ I ^ ^ I ^ e ,
           ^     not have originated in an area which is the subject of classical swine fever prohibition measures adopted
                 pursuant to O i r e c t i v e ^ ^ I ^ ^ e ,
           ^     n o t h a v e o n g i n a t e d m a n a r e a o r a p a r t o f a t e r n t o r y which i s t h e s u b ^ e c t o f ^ f n c a n s w i n e f e v e r
                prohibition measures adopted pursuant to O i r e c t i v e ^ ^ ^ ^ ^ e
       V   However,point I V m ^ n ^ d o e s not apply to suidae originating m a M e m b e r State or region recognized as
           officially free of swine fever in accordance with Article ^b of O i r e c t i v e ^ ^ ^ ^ ^ C
       VI  By way of derogation from II,III,IVandV,ruminants and suidae may be placed on the market if they are
           consigned from and to an officially approved body,instituteor centre In ordertobegranted official approval
           by the competent authorities ofthe Member State the body,institute or centre must be under the supervision
           of an official veterinarian
 ---pagebreak--- No C 84/112                              Official Journal of the European Communities                                           2. 4. 90
                                                              ANNEX G
            Semen, ova and embryos
            Semen, ova and embryos of equidae, sheep and goats, ova and embryos of swine and bovine ova must:
            (a) have been removed, treated, stored and transported subject to conditions adopted in accordance with the
                 procedure laid down for in Article 10;
            (b) come from animals which satisfy the health requirements adopted in accordance with the procedure laid down
                 in Article 10.
                                                              ANNEXH
            Apiculture products
            Apiculture products must not have originated in an area which is the subject of a prohibition order associated with
            an occurrence of American foulbrood or acariosis disease. The period of prohibition after the last recorded case
            must be at least 30 days, within a radius of 5 kilometres. Any derogations from these requirements must be
            determined in accordance with the procedure laid down in Article 10.
                                                               ANNEX I
            Milk and milk-based products
            Milk and milk-based products must not have originated in a surveillance area as provided for in Directive
            85/511/EEC. However, they may be placed on the market if the milk has been pasteurized (72 °C, 15 seconds)
            under the supervision of the competent authority.
            Proposal for a Council Regulation (EEC) laying down the health rules for the production and placing
            on the market of raw milk, of milk for the manufacture of milk-based products and of milk-based
                                                               products
                                                        COM(89) 667 final
                                     (Submitted by the Commission on 13 February 1990)
                                                            (90/C 84/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                Having regard to the opinion of the Economic and Social
                                                                        Committee,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43
thereof,                                                                Whereas raw milk, milk for the manufacture of milk-based
                                                                        products and milk-based products are included in the list of
Having regard to the proposal from the Commission,                      products in Annex II to the Treaty; whereas the production
                                                                        of and trade in raw milk, milk for the manufacture of
Having regard to the opinion of the European Parliament,
                                                                        milk-based products and milk-based products constitute a