Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat

COUNCIL DIRECTIVE  of 12 December 1972  on health problems affecting intra-Community trade in fresh meat  (72/461/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas the implementation of the Council Directive of 26 June 1964 1 on health problems affecting intra-Community trade in fresh meat, as last amended by the Council Directive of 27 October 1970, 2 will not have the desired effect so long as intra-Community trade is hindered by differences between the health requirements of Member States concerning meat ; whereas to eliminate such differences the health provisions of the Member States concerning meat must be approximated;
Whereas in particular, to improve information concerning the state of health of the animals from which fresh meat for consignment to another Member State comes, it should be stipulated that animals from certain categories must have stayed for a specified period in the territory of the Community, unless an exception is granted by the country of destination and communicated to the other Member States and the Commission;
Whereas, in order to avoid the spread of epizootic diseases by means of fresh meat, fresh meat from animals coming from a holding or area which, in accordance with Community rules, has been placed under health restrictions, should be excluded from intra-Community trade;
Whereas care should be taken that fresh meat which does not comply with Community rules should not be given the health mark provided for in those rules;
Whereas the Member States must have the right to prohibit the introduction of meat into their territory if it does not comply with Community health provisions ; whereas, however, the consignor should at his own request or upon request of a representative be allowed to return the meat unless on health grounds there are reasons to the contrary;
Whereas the consignor or his representative and the competent authorities of the exporting country must be informed of the reasons for any prohibition or restriction so that they may be aware of them;
Whereas the Member States must have the right to prohibit the introduction into their territory of fresh meat from a Member State where an epizootic disease has broken out ; whereas, depending on the nature and character of this epizootic disease, such a prohibition may either be limited to meat coming from a part of the territory of the exporting country, or extended to the whole of that territory ; whereas, in the event of an outbreak of a contagious disease in the territory of a Member State it is necessary for appropriate measures to be taken rapidly to control it ; whereas the dangers inherent in such diseases and the requisite protective measures should be viewed in the same light throughout the Community ; whereas, to this end, the Standing Veterinary Committee set up by the Council Decision of 15 October 1968 3 should institute an emergency Community procedure to take the necessary measures;  1OJ No 121, 29.7.1964, p. 2012/64. 2OJ No L 239, 30.10.1970, p. 42. 3OJ No L 255, 28.10.1968, p. 23.
Whereas it seems desirable to set down in this Directive the general principle of non-discrimination ; whereas it should accordingly be expressly laid down, pending specific Community rules covering imports from third countries, that the treatment to be applied to third countries by each Member State should not be more favourable than the treatment applied, pursuant to this Directive, to trade between the Member States;