Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products

COUNCIL DIRECTIVE  of 22 January 1980  on animal health problems affecting intra-Community trade in meat products  (80/215/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 (1),
Whereas Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (2) has been applicable since 1 July 1979;
Whereas the implementation of the above Directive 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 products ; whereas, in particular with a view to eliminating these differences, common provisions should be laid down in this field;
Whereas, in order to avoid the spread of epizootic diseases by means of meat products it should be laid down that the meat from which some of the said meat products are manufactured should comply with the health provisions applicable to fresh meat;
Whereas care should be taken that meat products which do not comply with Community rules are not given the health mark provided for in those rules;
Whereas when meat products have been treated in such a way as to destroy all germs of diseases which may be passed on to animals, such treatment should be mentioned on the health certificate which accompanies the products concerned;
Whereas the Member States must have the right to refuse the entry into free circulation in their territory of meat products which have been found to contain germs of a contagious or infectious disease or which do not comply with Community health provisions;
Whereas the consignor should at his own request or at that of a representative be allowed to have the meat products returned to him unless there are health grounds for not doing so;
Whereas, in order to enable those concerned to appreciate the basis for any prohibition or restriction imposed, the reasons for such prohibition or restriction should be brought to the notice of the consignor or his representative and, in certain cases, the competent authorities of the consigning country;
Whereas the consignor should be afforded the opportunity of requesting the opinion of a veterinary expert in the event of a dispute between the consignor and the authorities of the country of destination as to whether a prohibition or restriction is justified;
Whereas the Member States must have the right to prohibit the introduction into their territory of certain meat products 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 products 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 or infectious disease in the territory of a Member State appropriate measures must 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 facilitate the implementation of the provisions envisaged, a procedure should be laid down establishing close cooperation between the Member States and the Commission within the Standing Veterinary Committee set up by the Council Decision of 15 October 1968 (3),  (1)OJ No C 114, 11.11.1971, p. 40. (2)OJ No L 26, 31.1.1977, p. 85. (3)OJ No L 255, 28.10.1968, p. 23.