CELEX: 51990PC0175
Language: en
Date: 1990-05-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 72/461/EEC ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN FRESH MEAT AND DIRECTIVE 72/462/EEC ON HEALTH AND VETERINARY INSPECTION PROBLEMS UPON IMPORTATION OF BOVINE ANIMALS AND SWINE AND FRESH MEAT OR MEAT PRODUCTS FROM THIRD COUNTRIES

No C 154/8                             Official Journal of the European Communities                                   23. 6. 90
10. The following Article is inserted:                                  '46. Other vertebrate animals and cold-blooded
                                                                             animals shall be transported in such containers,
                                                                             under such conditions, in particular with regard
      'Article 20a                                                           to space, ventilation, temperature and security,
                                                                             and with such supply of water and oxygen as
     The Commission shall make a report to Council and                       are considered appropriate for the species.
     Parliament on the operation of this Regulation and                      Animals which are covered by Cites shall be
     the Annex three years after its implementation.'                        transported in accordance with the Cites
                                                                             "guidelines for transport and preparation for
                                                                             shipment of live wild animals and plants". They
11. In the Annex, Chapter V, point 46 is replaced by the                     shall be transported to their destination as soon
     following:                                                              as possible.'
                Proposal for a Council Directive amending Directive 72/461/EEC on health problems affecting
                intra-Community trade in fresh meat and Directive 72/462/EEC on health and veterinary
                inspection problems upon importation of bovine animals and swine and fresh meat or meat
                                                 products from third countries
                                                      COM(90) 175 final
                                       (Submitted by the Commission on 12 June 1990)
                                                        (90/C 154/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas glands and organs, including blood, are within
                                                                  the scope of the abovementioned directives; whereas they
                                                                  are required in large quantity by the pharmaceutical
Having regard to the Treaty establishing the European             manufacturing industries of the Member States to ensure
Economic Community, and in particular Article 43                  the availability of extracts and enzymes for human and
thereof,                                                          veterinary medicine;
                                                                  Whereas this means that Member States should be
Having regard to the proposal from the Commission,                afforded the possibility of authorizing on a more liberal
                                                                  basis the importation from third countries of glands and
                                                                  organs, including blood, for pharmaceutical manufac-
Having regard         to  the  opinion   of  the   European       turing purposes; whereas, with a view to ensuring the
Parliament,                                                       proper and specific use of such raw materials, authori-
                                                                  zation should be granted only when certain conditions,
                                                                  to be determined in accordance with a Community
Having regard to the opinion of the Economic and                  procedure, are fulfilled;
Social Committee,
                                                                  Whereas, in order to maintain Community preference,
                                                                  the same facilities should be applied in intra-Community
Whereas Council Directive 72/461/EEC ('), as last                 trade in glands and organs, including blood, for pharma-
amended by Directive 89/662/EEC (2), lays down the                ceutical manufacturing purposes under certain minimum
health requirements which must be fulfilled by animals            conditions which ensure the proper and specific use of
from which fresh meat is obtained for intra-Community             such raw materials;
trade; whereas Council Directive 72/462/EEC (3), as last
amended by Directive 89/662/EEC, lays down health
and veterinary inspection requirements applicable to              Whereas by its judgment of 16 November 1989 in Case
imports of bovine animals and swine and fresh meat or              131/87 the Court of Justice of the European
meat products from third countries;                               Communities declared void Directive 87/64/EEC (')
                                                                  which provided for the aforementioned matters; whereas
                                                                  it is therefore necessary to adopt a new Directive on the
                                                                  appropriate legal basis;
O OJ No L 302, 31. 12. 1972, p. 24.
O OJ No L 395, 30. 12. 1989, p. 13.
(3) OJ No L 302, 31. 12. 1972, p. 28.                             O OJ No L 34, 5. 2. 1987, p. 52.
 ---pagebreak--- 23. 6. 90                             Official Journal of the European Communities                            N o C 154/9
Whereas, given this situation, the deadline for transpo-           The general conditions to be complied with for the
sition laid down by Directive 87/64/EEC may be main-               said imports shall be laid down in accordance with the
tained,                                                            procedure provided for in Article 30.
HAS ADOPTED THIS DIRECTIVE:                                        In accordance with the procedure provided for in
                                                                   Article 29, Member States may be authorized to
                          Article 1                                import the said raw materials from third countries
                                                                   which do not appear on the list referred to in the first
The following paragraph is added to Article 3 of                   subparagraph under conditions which take account of
Directive 72/461/EEC:                                              the scientific health situation of the third countries
                                                                   concerned.
   'd) However, until 31 December 1996, in their
       compliance with (a), (b) and (c), but by way of
       derogation from Article 8a, the Member States               The conditions relating to the said imports, established
       may, subject to an authorization granted by their           in accordance with the procedures referred to in the
       veterinary authorities, authorize the introduction          second and third subparagraphs, must in no case be
       in their territory of glands and organs, including          more favourable than those governing intra-
       blood, as raw materials for the pharmaceutical              Community trade.'
       processing industry.
       Such authorization shall, moreover, be subject to
       compliance with the provisions concerning the                                      Article 3
       identity of the materials in question, their
       packaging, transportation, storage, handling and         The Council, on the basis of a report by the Commission
       processing and with those concerning the disposal        — together with any appropriate proposals — will
       of packaging, preparation and residual matter            reexamine, before 1 July 1995, the derogations provided
       following processing so that all public and animal       for in Article 3 (d) of Directive 72/461/EEC and in
       health risks are eliminated.'                            Article 16 (2) of Directive 72/462/EEC.
                          Article 2
                                                                                          Article 4
The present text of Article 16 of Directive 72/462/EEC
becomes paragraph 1 and the following paragraph is              The Member States shall bring into force the laws, regu-
added:                                                          lations and administrative provisions necessary to comply
                                                                with this Directive not later than 1 January 1988. They
   '2.    However, Member States may, until 31                  shall forthwith inform the Commission thereof.
   December 1996, authorize imports of glands and
   organs, including blood, as raw materials for the phar-
   maceutical processing industry, from third countries                                   Article 5
   which appear on the list drawn up under Article 3 (1)
   and are not the subject of a ban.                            This Directive is addressed to the Member States.