CELEX: 51989PC0493
Language: en
Date: 1989-10-17
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING SAFEGUARD MEASURES IN THE VETERINARY FIELD IN THE FRAMEWORK OF THE INTERNAL MARKET

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.
 ---pagebreak--- No C 327/38                                 Official Journal of the European Communities                                  30. 12. 89
2.     After having informed the Member State concerned,                                          Article 7
representatives of the Commission may go at once to the
place concerned. If the Commission considers that the                  1.     The Commission shall be assisted by the Standing
measures referred to in paragraph 1 are inadequate, it shall           Veterinary Committee set up by Council Decision
as quickly as possible take a decision, imposing on the                68/361 /EEC 0 ) , hereinafter        referred   to as 'the
authorities of the Member State concerned such measures as             Committee'.
the Commission considers justified in the light of the
situation.                                                             2.     Where the procedure laid down in this Article is to be
                                                                       followed, the following provisions shall apply.
                            Article 2                                  3.     The representative of the Commission shall submit to
                                                                       the Committee a draft of the measures to be taken. The
1.     If a Member State considers that one of the situations          Committee shall deliver its opinion on the draft within a
envisaged by Article 1 (1) exists or might exist in another            time-limit which the chairman may lay down according to
Member State and that the authorities of the latter Member             the urgency of the matter. The opinion shall be delivered by
State have not applied the appropriate measures, it shall              the majority laid down in Article 148 (2) of the Treaty in the
immediately inform the Commission.                                     case of decisions which the Council is required to adopt on a
                                                                       proposal from the Commission. The votes of the
2.     In the circumstances mentioned in paragraph 1, the              representatives of the Member States within the Committee
provisions of Article 1 (2) shall apply.                               shall be weighted in the manner set out in that Article. The
                                                                       chairman shall not vote.
                                                                       4.     The Commission shall adopt the measures envisaged if
                            Article 3
                                                                       they are in accordance with the opinion of the
                                                                       Committee.
1.     The Commission shall review the situation within the
Committee referred to in Article 7 at the earliest opportunity.
                                                                       5.     If the measures envisaged are not in accordance with
It may, in accordance with the procedure laid down in
                                                                       the opinion of the Committee, or if no opinion is delivered,
Article 7, confirm, amend or revoke this decision referred to          the Commission shall, without delay, submit to the Council a
in Article 1 (2), or may take a decision imposing on the               proposal relating to the measures to be taken. The Council
authorities of the Member State concerned such measures as             shall act by a qualified majority.
the Commission considers justified in the light of the
situation.                                                             If, on the expiry of a period of 15 days from the date of
                                                                       referral to the Council, the Council has not acted, the
2.     In exceptionally        serious circumstances,         and
                                                                       proposed measures shall be adopted by the Commission.
particularly when the authorities of the Member State
concerned find it impossible to apply the measures which are
considered necessary, the Commission may, in accordance
with the procedure laid down in Article 7, authorize the                                          Article 8
other Member States to take appropriate measures.
                                                                       1.     Where the procedure laid down in this Article is to be
                                                                       followed, the following provisions shall apply.
                            Article 4
                                                                       2.     The representatives of the Commission shall submit to
                                                                       the Committee a draft of the measures to be taken. The
The Commission shall monitor the situation, particularly by
                                                                       Committee shall deliver its opinion on the draft within a time
sending representatives to the place concerned and shall, in
                                                                       limit which the chairman may lay down according to the
accordance with the procedure laid down in Article 7, amend
                                                                       urgency of the matter. The opinion shall be delivered by the
or revoke the decisions referred to in Article 1 (2) and (3),
                                                                       majority laid down in Article 148 (2) of the Treaty in the case
depending on the development of the situation.                         of decision which the Council is required to adopt on a
                                                                       proposal from the Commission. The votes of the
                                                                       representatives of the Member States within the Committee
                            Article 5                                  shall be weighted in the manner set out in that Article. The
                                                                       chairman shall not vote.
The authorities of a Member State on whose territory the
Commission considers it necessary to send representatives              3.     The Commission shall adopt the measures envisaged if
shall provide them with all the assistance required for the            they are in accordance with the opinion of the
accomplishment of their task.                                          Committee.
                                                                       4.     If the measures envisaged are not in accordance with
                             Article 6                                 the opinion of the Committee, or if no opinion is delivered,
                                                                       the Commission shall, without delay, submit to the Council a
Detailed rules for the application of this Decision, and in            proposal relating to the measures to be taken. The Council
particular the list of diseases referred to in Article 1(1), shall     shall act by a qualified majority.
be adopted, where necessary, in accordance with the
procedure laid down in Article 8.                                       C1) OJ No L 255, 19. 10. 1968, p. 23.
 ---pagebreak--- 30. 12. 89                                 Official Journal of the European Communities                                No C 327/39
If, on the expiry of a period of three months from the date of        With effect on 1 January 1993, the other provisions relating
referral to the Council, the Council has not acted, the               to safeguard measures in the veterinary field are hereby
proposed measures shall be adopted by the Commission.                 repealed.
                             Article 9                                                           Article 10
This Decision shall apply from 1 January 1993.                        This Decision is addressed to the Member States.
               Proposal for a Council Directive amending Directive 88/407/EEC laying down the animal health
               requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic
                                                     animals of the bovine species
                                                          COM(89) 495 final
                                        (Submitted by the Commission on 30 October 1989)
                                                            (89/C 327/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               1. The following is added to Article 4 ( 1 ) :
Having regard to the Treaty establishing the European                     'Where Member States avail themselves of the
Economic Community, and in particular Article 43                          authorizations mentioned in this paragraph the
thereof,                                                                  provisions of Annex B, Chapter I.l.(d)(iv) and Chapter
                                                                          Il.l.(iv), first sentence may be waived.'
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,              2. Article 17 is replaced by the following:
Having regard to the opinion of the Economic and Social                   'Article 17
 Committee,
                                                                          Amendments to the Annexes, in particular to adapt them
Whereas the Community                 by Council        Directive         to advances in technology, shall be made in accordance
 88/407/EEC (x) laid down animal health requirements                      with the procedure laid down in Article 18.'
 applicable to intra-Community trade and imports of
 deep-frozen semen of domestic animals of the bovine
 species;                                                              3. At the end of the second subparagraph of Article 18 (4),
                                                                           the words 'save where the Council has decided against
 Whereas Member States are to bring into force the laws,                   the said measures by a simple majority' are deleted.
 regulations and administrative provisions necessary to
 comply with the Directive by 1 January 1990 at the latest;            4. At the end of the second subparagraph of Article 19 (4),
                                                                           the words 'save where the Council has decided against
 Whereas it is appropriate before the implementation of the                the said measures by a simple majority' are deleted.
 Directive to adopt certain amendments to overcome
 technical difficulties in the application of the said Directive;
 whereas it is also appropriate to provide that the Annexes to         5. Annex B,         Chapter    II.l.(v) is  replaced    by   the
 the Directive be amended when necessary in accordance with                following:
 the procedure laid down in Article 18,
                                                                           '(v) in the case of bulls in production which are kept out
                                                                                 of contact with other animals in the centre, either an
                                                                                 immunofluorescent antibody test or a culture test
 HAS ADOPTED THIS DIRECTIVE:                                                     for Campylobacter foetus infection on a sample of
                                                                                 preputial material or artificial vaginal washings; in
                                                                                 the case of female animals a vaginal mucus
                             Article 1                                            agglutination test must be carried out.'
 Directive 88/407/EEC is hereby amended as follows:
                                                                       6. In Annex C.l .(b)(ii), first and second indents, the words
 (») OJ No L 194, 22. 7. 1988, p. 10.                                       'before entering the centre' are deleted.