Keywords
Summary

Keywords

1 Agriculture - Approximation of laws on health inspections - Intra-Community trade in fresh meat - Directive 64/433 - National rules prohibiting imports of mechanically recovered meat not subjected to heat treatment in the country of origin but intended to be so treated in an approved establishment in the Member State of importation - Not permissible

(Council Directive 64/433, Art. 6(1)(c) and (g))

2 Agriculture - Approximation of laws on health inspections - Mutual assistance as between administrative authorities of the Member States and cooperation with the Commission in applying legislation on veterinary and zootechnical matters - Directive 89/608 - Possibility for the competent authority of a Member State to seek the assistance of the competent authority of another Member State - Right, in the absence of such a request, of the official veterinarian in the Member State of origin to designate, for the purpose of heat treatment of mechanically recovered meat, an approved establishment in the Member State of importation

(Council Directive 89/608, Arts 1, 2, 4 and 8)

Summary

3 Article 6(1)(c) and (g) of Directive 64/433 on health problems affecting intra-Community trade in fresh meat, as amended and consolidated by Directive 91/497, precludes national rules that prohibit the import of mechanically recovered meat which has not been subjected to heat treatment in the Member State of origin but is intended to be subjected to such treatment in an approved establishment in the Member State of importation designated by the official veterinarian in the State of origin.

The Community legislature, aware of the particularly sensitive and perishable nature of mechanically recovered meat, has specifically required the Member States, in accordance with Article 6(1)(c) of that directive, to ensure that such meat has undergone heat treatment before being consumed. Such treatment must be carried out in the establishment of origin or, under Article 6(1)(g), in any other establishment designated by the official veterinarian of the Member State of origin.

It is clear from the meaning and purpose of that provision that, for health reasons, the treatment must take place as soon as possible, that is to say after the meat has been mechanically recovered from the bone. It is thus preferable for the heat treatment to take place in the establishment in which the process of mechanical recovery of the meat took place. However, if, on economic grounds in particular, it is not appropriate for the heat treatment to be carried out at that establishment, the treatment should be undertaken as soon as possible, that is to say in an approved establishment as close as possible to the establishment of origin.

The principle that the heat treatment should be carried out close to the place where the meat is produced and soon after completion of the production process does not mean that the choice made by the official veterinarian in the Member State of origin must be limited to establishments in the latter State. On the contrary, the most appropriate establishment may, in accordance with that principle, plausibly be located in another Member State, provided that it has received Community approval.

That interpretation is corroborated by Article 6(1)(g), which allows the official veterinarian of the Member State of origin to designate `any other' establishment, and is the only interpretation compatible with the fundamental principles of unity of the Community market and freedom of movement for goods.

Finally, that interpretation also takes due account of the concern to protect public health. The official veterinarian of the Member State of origin, who is entrusted with Community responsibilities by the directive for the purpose inter alia of applying the principles of unity of the market and freedom of movement for goods, will, when designating an establishment, ensure that the protection of public health pursued by the Community rules is effectively guaranteed. To that end, Directive 89/608 allows him to seek assistance from the authorities of the Member State in whose territory the designated establishment is situated.

4 By virtue of Articles 1 and 2 of Directive 89/608 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters, each Member State must inform the other Member States and the Commission of the central competent authority responsible in that Member State for monitoring the application of legislation on veterinary and zootechnical matters. Under Articles 4 and 8 of that directive, assistance between the competent authorities is provided either in response to a request from the central authority of a Member State sent to the central authority of another Member State or else spontaneously when those authorities consider it useful for the purposes of compliance with the legislation on veterinary or zootechnical matters. Article 6 also allows a competent authority to ask the competent authority of another Member State for a watch to be reinforced in a given area, in particular on establishments.

Such a system thus allows the competent veterinary authority of a Member State, when it considers it appropriate to do so, to seek assistance, in order to carry out checks and prevent infringements, from the competent veterinary authority of another Member State, which must provide such assistance. The right of the official veterinarian in the Member State of origin to designate, for the purposes of the heat treatment of mechanically recovered meat to be carried out, an establishment in the Member State of importation is not, however, affected by the making of such a request.