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Document 01992L0118-20060101

Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC

ELI: http://data.europa.eu/eli/dir/1992/118/2006-01-01

1992L0118 — EN — 01.01.2006 — 015.002


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COUNCIL DIRECTIVE 92/118/EEC

of 17 December 1992

laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC

(OJ L 062, 15.3.1993, p.49)

Amended by:

 

 

Official Journal

  No

page

date

 M1

COMMISSION DECISION of 13 July 1994

  L 190

26

26.7.1994

 M2

COMMISSION DECISION of 26 October 1994

  L 288

48

9.11.1994

 M3

COMMISSION DECISION of 26 July 1995

  L 200

35

24.8.1995

 M4

COMMISSION DECISION of 27 July 1995

  L 200

36

24.8.1995

 M5

COMMISSION DECISION of 25 January 1996

  L 24

28

31.1.1996

 M6

COMMISSION DECISION of 10 May 1996

  L 129

35

30.5.1996

►M7

COMMISSION DECISION of 21 June 1996

  L 165

40

4.7.1996

►M8

COUNCIL DIRECTIVE 96/90/EC of 17 December 1996

  L 13

24

16.1.1997

►M9

COUNCIL DIRECTIVE 97/79/EC of 18 December 1997

  L 24

31

30.1.1998

 M10

COMMISSION DECISION of 28 October 1999

  L 290

32

12.11.1999

 M11

COMMISSION DECISION of 19 December 2000

  L 2

27

5.1.2001

►M12

DIRECTIVE 2002/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2002

  L 315

14

19.11.2002

 M13

COMMISSION DECISION of 10 January 2003

  L 13

24

18.1.2003

 M15

COMMISSION DECISION of 29 September 2003

  L 260

21

11.10.2003

►M16

COMMISSION REGULATION (EC) No 445/2004 of 10 March 2004

  L 72

60

11.3.2004

►M17

DIRECTIVE 2004/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004

  L 157

407

30.4.2004


Amended by:

 A1

  C 241

21

29.8.1994

 

  L 001

1

..

 A2

  L 236

33

23.9.2003


Corrected by:

►C1

Corrigendum, OJ L 195, 2.6.2004, p. 12  (2004/41)




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COUNCIL DIRECTIVE 92/118/EEC

of 17 December 1992

laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC



THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposals from the Commission ( 1 ),

Having regard to the opinions of the European Parliament ( 2 ),

Having regard to the opinions of the Economic and Social Committee ( 3 ),

Whereas products of animal origin are included in the list of products in Annex II to the Treaty; whereas the placing on the market of such products constitutes an important source of income for part of the farming population;

Whereas in order to ensure rational development in this sector and increase productivity, animal health and public health rules for the products in question should be laid down at Community level;

Whereas the Community must adopt the measures intended progressively to establish the internal market consisting of an area without internal frontiers, over a period expiring on 31 December 1992;

Whereas in view of the abovementioned objectives the Council has laid down animal health rules applicable to fresh meat, poultrymeat, meat products, game meat, rabbit meat and milk products;

Whereas, save where otherwise provided, trade in products of animal origin must be liberalized, without prejudice to recourse to possible safeguard measures;

Whereas, given the significant risk of the spread of diseases to which animals are exposed, for certain products of animal origin particular requirements should be specified to be imposed when they are placed on the market for the purposes of trade, particularly when intended for regions with a high health status;

Whereas, when Directive 92/65/EEC was adopted, the Commission agreed to disassociate the animal health aspects applicable to animals from those applicable to products;

Whereas, so as to allow checks at borders between Member States to be abolished on 1 January 1993, animal health and public health rules should be fixed to apply to all products subject to such checks trade in and imports of which have not yet been harmonized at Community level;

Whereas, to achieve this objective, certain existing rules should be adapted for the adoption of the aforesaid measures;

Whereas a system of approval should be introduced for the third countries and establishments which meet the requirements laid down by this Directive, together with a Community inspection procedure to ensure that the conditions for such approval are observed;

Whereas the accompanying document for products is the best way of satisfying the competent authority of the place of destination that a consignment complies with the provisions of this Directive; whereas the public health or animal health certificate should be maintained for the purposes of verifying the destination of certain imported products;

Whereas the rules, principles and safeguard measures established by Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries ( 4 ) should apply here;

Whereas, in the context of intra-Community trade, the rules laid down in Directive 89/662/EEC should also be applied;

Whereas the Commission should be entrusted with the task of adopting certain measures for implementing this Directive; whereas, to that end, procedures should be laid down establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;

Whereas, in view of the particular supply difficulties arising from its geographical situation, special derogations should be permitted for the Hellenic Republic;

Whereas the adoption of specific rules for the products covered by this Directive is without prejudice to the adoption of rules on food hygiene and safety in general, on which the Commission has submitted a proposal for a framework Directive,

HAS ADOPTED THIS DIRECTIVE:



CHAPTER I

General provisions

Article 1

This Directive lays down the animal health and public health requirements governing trade in and imports into the Community of products of animal origin (including trade samples taken from such products) not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC ( 5 ) and, as regards pathogenic agents, to Directive 90/425/EEC.

This Directive shall be without prejudice to the adoption of more detailed rules on animal health in the framework of the aforesaid specific rules nor the maintenance of restrictions on trade or imports of products covered by the specific rules referred to in the first paragraph based on the rules of public health.

Article 2

1.  For the purposes of this Directive:

(a)  trade means trade as defined by Article 2 (2) of Directive 89/662/EEC;

(b)  trade sample means a sample of no commercial value, taken on behalf of the owner or the person responsible for an establishment, which is representative of a given product of animal origin produced by that establishment, or constitutes a specimen of a product of animal origin the manufacture of which is contemplated, and which, for the purposes of subsequent examination, must bear a reference to the type of product, its composition and the species of animal from which it was obtained;

(c)  serious transmissible disease means all diseases covered by Directive 82/894/EEC ( 6 )

(d)  pathogenic agents jmeans any collection or culture of organisms or any derivative, present either alone or in the form of a manipulated combination of such a collection or culture of organisms capable of causing disease in any living being (other than man) and any modified derivatives of these organisms, which can carry or transmit an animal pathogen, or the tissue, cell culture, secretions or excreta by which or by means of which an animal pathogen can be carried or transmitted; this definition does not include the immunological veterinary medicinal products authorized pursuant to Directive 90/677/EEC ( 7 );

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(f)  processed animal protein intended for human consumption means greaves, meatmeal and pork-rind powder referred to in Article 2 (b) of Directive 77/99/EEC ( 8 ).

▼M12 —————

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2.  In addition, the definitions contained in Article 2 of Directives 89/662/EEC, 90/425/EEC and 90/675/EEC shall apply mutatis mutandis.

Article 3

Member States shall ensure that:

 trade in and imports of products of animal origin referred to in Article 1 ►M12  ————— ◄ are not prohibited or restricted for animal health or public health reasons other than those arising from the application of this Directive or from Community legislation, and in particular any safeguard measures taken,

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 any new product of animal origin intended for human consumption whose placing on the market in a Member State is authorised after the date provided for in Article 20 may not be the subject of trade or importation until a decision has been taken in accordance with the first paragraph of Article 15 after evaluation, if appropriate in the light of the opinion of the Scientific Veterinary Committee set up by Decision 81/651/EEC, of the real risk of the spread of serious transmissible diseases which could result from movement of the product, not only for the species from which the product originates but also for other species which could carry the disease, become a focus of disease or a risk to human health,

▼B

 the other products of animal origin referred to in Article 2 (b) of Directive 77/99/EEC may not be the subject of trade or importation from third countries unless they meet the requirements of that Directive and the relevant requirements of this Directive.



CHAPTER II

Provisions applicable to trade

Article 4

Member States shall take the necessary measures to ensure that, for the purposes of applying Article 4 (1) of Directive 89/662/EEC and Article 4 (1) (a) of Directive 90/425/EEC, the products of animal origin referred to in ►M17   ►C1  Annex I ◄  ◄ and the second and third indents of Article 3 of this Directive may, without prejudice to the particular provisions to be adopted in implementation of Articles 10 (3) and 11, be the subject of trade only if they satisfy the following requirements:

1. they must meet the requirements of Article 5 and the specific requirements laid down in Annex I as regards animal health aspects ►M17  ————— ◄ ,

2. they must come from establishments which:

(a) undertake, in the light of the specific requirements laid down in ►M17   ►C1  Annex I ◄  ◄ for the products the establishment produces, to:

 comply with the specific production requirements set out in this Directive,

 establish and implement methods of monitoring and checking the critical points on the basis of the processes used,

 depending on the products, take samples for analysis in a laboratory recognized by the competent authority for the purpose of checking compliance with the standards established by this Directive,

 keep a record, whether written or otherwise recorded, of the information obtained pursuant to the preceding indents for presentation to the competent authority. The results of the various checks and tests in particular shall be kept for at least two years,

 guarantee the administration of marking and labelling,

 should the result of the laboratory examination or any other information available to them reveal the existence of a serious animal health or public health hazard, inform the competent authority,

 consign, for purposes of trade, only products accompanied by a commercial document indicating the nature of the product, the name and, where appropriate, the veterinary approval number of the establishment of production;

(b) they are under supervision by the competent authority to ensure that the operator or manager of the establishment complies with the requirements of this Directive;

(c) they were registered by the competent authority on the basis of assurances from the establishment guaranteeing compliance with the requirements of this Directive.

Article 5

Member States shall ensure that every necessary measure is taken to guarantee that products of animal origin referred to in ►M17   ►C1  Annex I ◄  ◄ are not dispatched for purposes of trade from any holding, situated in a zone subject to restrictions because of the occurrence of a disease to which the species from which the product is derived is susceptible or from any establishment or zone from which movements or trade would constitute a risk to the animal health status of the Member States except where products are heat-treated in accordance with Community legislation.

Particular assurances permitting, by way of derogation from the first paragraph, the movement of certain products may be adopted under the procedure laid down in Article 18 within the framework of safeguard measures.

Article 6

Member States shall ensure that trade in pathogenic agents is subject to strict rules to be defined under the procedure laid down in Article 18.

Article 7

1.  The rules on checks established by Directive 89/662/EEC and, as regards pathogenic agents, by Directive 90/425/EEC shall apply, in particular as regards the organization of and follow-up to the checks to be carried out, to the products covered by this Directive.

2.  Article 10 of Directive 90/425/EEC shall apply to the products covered by this Directive.

3.  For the purposes of trade, the provisions of Article 12 of Directive 90/425/EEC shall be extended to establishments supplying products of animal origin covered by this Directive.

4.  Without prejudice to the specific provisions of this Directive, the competent authority shall carry out any checks it may deem appropriate where it is suspected that this Directive is not being complied with.

5.  Member States shall take the appropriate administrative or penal measures to penalize any infringement of this Directive, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the products referred to in ►M17   ►C1  Annex I ◄  ◄ , or that the products in question do not satisfy the requirements of this Directive or have not undergone the checks provided for therein.

Article 8

In Chapter 1 (1) of Annex A to Directive 92/46/EEC ( 9 ) the following subparagraph is added:

‘Milk and milk products must not come from a surveillance zone defined in accordance with Directive 85/511/EEC unless the milk has undergone pasteurization (71,7 oC for 15 seconds) under the supervision of the competent authority.’



CHAPTER III

Provisions applicable to imports into the Community

Article 9

The requirements applicable to imports of products covered by this Directive must offer at least the guarantees provided for in Chapter II, including those established in implementation of Article 6, and those laid down in the second and third indents of Article 3.

Article 10

1.  For the purposes of uniform application of Article 9, the following provisions shall apply.

2.  The products referred to in ►M17   ►C1  Annex I ◄  ◄ and in the second and third indents of Article 3 may be imported into the Community only if they satisfy the following requirements:

(a) unless otherwise specified in ►M17   ►C1  Annex I ◄  ◄ , they must come from a third country or part of a third country on a list to be drawn up and updated in accordance with the procedure provided for in Article 18;

▼M12

(b) unless otherwise specified in ►M17   ►C1  Annex I ◄  ◄ , products must come from establishments on a Community list to be drawn up in accordance with the procedure laid down in Article 18;

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(c) in the cases specifically provided for in ►M17   ►C1  Annex I ◄  ◄ and in the second and third indents of Article 3, they must be accompanied by an animal health or public health certificate corresponding to a specimen to be drawn up under the procedure provided for in Article 18, certifying that the products meet the additional conditions or offer the equivalent guarantees referred to in paragraph 3 (a) and come from establishments offering such guarantees, and signed by an official veterinarian or, as appropriate, by any other competent authority recognized under the same procedure.

3.  Under the procedure provided for in Article 18:

(a) specific requirements shall be established — in particular for the protection of the Community from certain exotic diseases or diseases transmissible to man — or guarantees equivalent to those conditions.

The specific requirements and equivalent guarantees established for third countries may not be more favourable than those laid down in ►M17   ►C1  Annex I ◄  ◄ and in the second and third indents of Article 3.

Pending the fixing of the detailed rules of application provided for in the fourth and fifth indents of Chapter 2 of Annex II, Member States shall ensure that imports of products referred to therein are subject to compliance with the minimum guarantees laid down in the said indents;

▼M8 —————

▼B

(c) the nature of any treatment or the measures to be taken to avoid recontamination of animal casings, eggs and egg products shall be established.

4.  The decisions provided for in paragraphs 2 and 3 must be taken on the basis of evaluation and, if appropriate, the opinion of the Scientific Veterinary Committee, of the real risk of the spread of serious transmissible diseases or of diseases transmissible to man which could result from movement of the product, not only for the species from which the product originates but also for other species which could carry the disease or become a focus of disease or a risk to public health.

5.  Experts from the Commission and the Member States shall carry out on-the-spot inspections to verify whether the guarantees given by the third country regarding the conditions of production and placing on the market can be considered equivalent to those applied in the Community.

The experts from the Member States responsible for these inspections shall be appointed by the Commission, acting on proposals from the Member States.

These inspections shall be made on behalf of the Community, which shall bear the cost of any expenditure involved.

Pending organization of the inspections referred to in the first subparagraph, national rules applicable to inspection in third countries shall continue to apply, subject to notification, through the Standing Veterinary Committee, of any failure to comply with the guarantees offered in accordance with paragraph 3 found during these inspections.

6.  Pending compilation of the lists provided for ►M8  in paragraph 2 (a) and (b) second indent ◄ , Member States are authorized to maintain the controls provided for in Article 11 (2) of Directive 90/675/EEC and the national certificate required by products imported under existing national rules.

Article 11

The procedure provided for in Article 18 shall be used to stipulate specific animal health requirements for imports into the Community and the nature and content of accompanying documents for products referred to in Annex I intended for experimental laboratories.

Article 12

1.  The principles and rules laid down in Directives 90/675/EEC and 91/496/EEC ( 10 ) shall apply, with particular reference to the organization of and follow-up to the inspections to be carried out by the Member States and the safeguard measures to be implemented.

However, for certain types of product of animal origin, derogations may be adopted in accordance with the procedure laid down in Article 18, from the physical check provided for in ►M9  Article 4(4)(b) of Directive 97/78/EC ◄ .

▼M9 —————

▼B

Article 13

1.  Member States may, by issuing an appropriate licence, permit the importation from third countries of products of animal origin referred to in ►M17   ►C1  Annex I ◄  ◄ in the form of trade samples.

2.  The licence mentioned in paragraph 1 must accompany the consignment and contain full details of the specific conditions under which the consignment may be imported, including any derogations from the checks provided for by Directive 90/675/EEC.

3.  Where the consignment enters one Member State for onward transmission to a second Member State, the first Member State shall ensure that the consignment is accompanied by the appropriate licence. Movement shall take place in accordance with the provisions of Article 11 (2) of Directive 90/675/EEC. The responsibility for ensuring that the consignment complies with the conditions of the licence (and whether entry into its territory should be permitted) shall rest with the Member State which issues the licence.



CHAPTER IV

Common final provisions

Article 14

1.  Article 3 (d) of Directive 72/461/EEC ( 11 ) shall be deleted.

Commission Decisions 92/183/EEC ( 12 ) and 92/187/EEC ( 13 ) shall continue to apply for the requirements of this Directive, without prejudice to any amendments to be made to them under the procedure provided for in Article 18.

2.  Directive 90/667/EEC is hereby amended as follows:

(a) in Article 13 the following paragraph shall be added:

2.‘2.  With a view to ensuring that the controls provided for in paragraph 1 are followed up:

(a) processed products obtained from low-risk or high-risk materials must satisfy the requirements of Chapter 6 of Annex I to Directive 92/118/EEC ( 14 );

(b) low-risk materials, high-risk materials intended for processing in a plant designated in another Member State in accordance with the second sentence of Article 4 (1) and processed products obtained from high-risk or low-risk materials must be accompanied:

 if they come from a plant approved in accordance with Article 4 or 5, by a commercial document specifying;

 

 if appropriate, the nature of the treatment,

 whether the product contains ruminant proteins,

 if they come from another plant, by a certificate issued and signed by an official veterinarian indicating:

 

 the methods of treatment used on the consignment,

 the result of the salmonella tests,

 whether the product contains ruminant proteins.

;

(b) in Article 6, ‘shall be established under the procedure laid down in Article 19’ shall be replaced by ‘are laid down under Chapter 10 of Annex I to Directive 92/118/EEC’;

(c) in Article 14 the first paragraph shall be deleted.

Article 15

The Council, acting by a qualified majority on a proposal from the Commission, shall adopt any new Annex laying down specific requirements for other products capable of presenting a real risk of spreading serious transmissible diseases or a real risk to human health.

The Annexes shall, where the need arises, be amended under the procedure provided for in Article 18 in compliance with the general principles set out in the second indent of Article 3.

Article 16

1.  Member States shall be authorized to make the entry into their territory of products of animal origin referred to in ►M17   ►C1  Annex I ◄  ◄ and in the second and third indents of Article 3 which were produced in the territory of a Member State and have passed through the territory of a third country subject to production of an animal health or public health certificate certifying compliance with the requirements of this Directive.

2.  Member States which have recourse to the possibility laid down in paragraph 1 shall so inform the Commission and the other Member States within the Standing Veterinary Committee set up by Decision 68/361/EEC ( 15 ).

Article 17

1.  Annexes A and B to Directives 89/662/EEC and 90/425/EEC shall be replaced by the texts set out in Annex III to this Directive.

2.  Directive 77/99/EEC is hereby amended as follows:

 in Article 2 (b), point (iv) shall be deleted and points (v) and (vi) shall become (iv) and (v) respectively;

 Article 6 (2) shall read:

 

‘2.  Under the procedure laid down in Article 20, additional conditions may be set for the other products of animal origin so as to ensure the protection of public health.’

Article 18

Where reference is made to the procedure provided for in this Article, the Standing Veterinary Committee shall act in accordance with the rules laid down in Article 17 of Directive 89/662/EEC.

Article 19

Under the procedure provided for in Article 18, transitional measures may be adopted for a period of up to three years beginning on 1 July 1993 to facilitate the transition to the new arrangements established by this Directive.

Article 20

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 12 (2) and 17 by 1 January 1993 and with the other requirements of this Directive before 1 January 1994. They shall forthwith inform the Commission thereof.

When these measures are adopted by the Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

2.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

3.  The setting of the deadline for transposition into national law at 1 January 1994 shall be without prejudice to the abolition of veterinary checks at frontiers provided for by Directives 89/662/EEC and 90/425/EEC.

Article 21

This Directive is addressed to the Member States.




ANNEX I

SPECIFIC ANIMAL HEALTH REQUIREMENTS

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CHAPTER 2

▼M16

Animal casings intended for human consumption

▼B

A.   Trade

Trade in animal casings is subject to production of a document specifying the plant of origin which must be:

 where the casings are salted or dried at the point of origin and where salted or dried casings are subsequently handled for other purposes, a plant approved by the competent authority,

 in other cases, a plant approved in accordance with Directive 64/433/EEC ( 16 ), provided the casings are transported in such a way as to avoid contamination.

B.   Imports from third countries

Imports of animal casings from any third country are subject to production of the certificate referred to in Article 10 (2) (c), issued and signed by an official veterinarian of the exporting third country, stating that:

(i) the casings come from plants approved by the competent authority of the exporting country;

(ii) the casings have been cleaned, scraped and then either salted or bleached (or as an alternative to salting or bleaching, that they have been dried after scraping);

(iii) after the treatment in (ii), effective steps were taken to prevent the recontamination of the casings.

▼M12 —————

▼B

CHAPTER 5

Bones and bone products (excluding bone meal), horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) ►M12  intended for human consumption ◄

Trade in and imports of the products in question are subject to the following conditions:

 

1. where trade is concerned, bones, horns and hooves are subject to the animal health requirements laid down in Directive 72/461/EEC;

2. where trade is concerned, bone products, horn products and hoof products are subject to the animal health requirements provided for in Directive 80/215/EEC ( 17 );

3. where imports are concerned, bones, bone products, horns, horn products, hooves and hoof products are subject to the requirements of Directive 72/462/EEC ( 18 ).

▼M12 —————

▼B

CHAPTER 6

Processed animal protein ►M12  intended for human consumption ◄

I.

Without prejudice to any restrictions imposed as regards BSE or to the restrictions on the feedings of ruminant protein to ruminants, trade in and imports of processed animal protein are subject:

▼M12

A. as regards trade, to the production of the document or certificate provided for in Directive 77/99/EEC, stating that the requirements of that Directive have been complied with;

▼B

B. as regards imports:

1. to production of a health certificate as provided for in Article 10 (2) (c), signed by the official veterinarian of the country of origin and stating that:

▼M12

a) the products fulfil the requirements of Directive 80/215/EEC;

▼B

(b) every precaution has been taken after treatment to prevent contamination of the product treated;

(c) samples have been taken and tested for salmonella when the consignment left the country of origin;

(d) the results of these tests are negative;

2. following document checks of the certificate referred to in 1, to sampling by the competent authority at the border inspection post without prejudice to point II:

(i) of each consignment of products submitted in bulk;

(ii) at random of consignments of products packaged in the manufacturing plant;

3. for release for free circulation in Community territory of consignments of processed animal protein, to prove that the results of the sampling carried out pursuant to B (1) (c) have proved negative, if necessary after reprocessing;

C. national rules existing on the date of notification of this Directive concerning the requirements applicable as regards BSE and scrapie for animal proteins may be maintained pending a decision on the type of heat treatment capable of destroying the agent responsible.

Trade in and imports of meat meal and bone meal remain subject to Article 5 (2) of Directive 89/662/EEC and Article 11 (2) of Directive 90/675/EEC.

II.

Member States may carry out random sampling of bulk consignments originating in a third country from which the last six consecutive tests have proved negative. Where during one of these checks a result has proved positive, the competent authority of the country of origin must be informed so that it can take appropriate measures to remedy the situation. These measures must be brought to the attention of thecompetent authority responsible for the import checks. In the event of a further positive result from the same source, further tests must be carried out on all consignments from the same source until the requirements laid down in the first sentence are again satisfied.

III.

Member States must keep records of the results of sampling carried out on all consignments which have undergone sampling.

IV.

In accordance with Article 3 (3) of Directive 89/662/EEC, transhipment of consignments is permitted only through ports which have been approved under the procedure laid down in Article 18, provided that a bilateral agreement has been reached between Member States to allow checking of the consignments to be deferred until they reach the border inspection post of the Member State of final destination.

V.

Where a consignment proves to be positive for salmonella, it is either:

(a) re-exported from the Community;

(b) used for purposes other than animal feeds. In this case, the consignment may leave the port or storage depot only on condition that it is not incorporated into animal feedingstuffs;

(c) re-processed in a treatment plant approved pursuant to Directive 90/667/EEC or any plant approved for decontamination. Movement from the port or storage depot shall be controlled by permit from the competent authority and the consignment shall not be released until it has been treated, tested for salmonella by the competent authority in accordance with Annex II, Chapter III, to Directive 90/667/EEC and a negative result obtained.

▼M7

CHAPTER 7

Blood and blood products of ungulates and poultry

(with the exception of serum from equidae)

I.   Fresh blood and blood products intended for human consumption

A.   Trade

1.

Trade in fresh blood of ungulates and poultry intended for human consumption is subject to the animal health conditions applicable to trade in fresh meat pursuant to Council Directives 72/461/EEC ( 19 ), 91/494/EEC ( 20 ) or 91/495/EEC ( 21 ).

2.

Trade in blood products intended for human consumption is subject to the animal health conditions laid down in Chapter 11 of this Directive.

B.   Imports

1.

Imports of fresh blood of domestic ungulates intended for human consumption are prohibited pursuant to Council Directive 72/462/EEC ( 22 ).

Imports of fresh blood of domestic poultry intended for human consumption are subject to the animal health conditions laid down in Directive 91/494/EEC.

Imports of fresh blood of reared game intended for human consumption are subject to the animal health conditions laid down in Chapter 11 of this Annex.

2.

Imports of blood products for human consumption, including those referred to in Council Directive 77/99/EEC ( 23 ), are subject to the animal health conditions applicable to meat products pursuant to Directive 72/462/EEC and this Directive, without prejudice to the rules on blood-based processed animal protein products referred to in Chapter 6 of this Annex.

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▼M7

III.   General provisions

The detailed rules for the application of this Chapter are to be adopted, where necessary, in accordance with the procedure laid down in Article 18.

▼M12 —————

▼B

CHAPTER 9

▼M16

Lard and rendered fats intended for human consumption

▼B

1.

Member States shall authorize the importation into the Community of lard and rendered fats from third countries appearing on the list annexed to Decision 79/542/EEC from which the importation of fresh meat of the species concerned is permitted.

2.

Where there has been an outbreak of a serious transmissible disease in the previous 12 months before export in a country mentioned in paragraph 1, each consignment of lard or rendered fats must be accompanied by a certificate referred to in Article 10 (2) of this Directive stating that:

A. the lard or rendered fats have been subjected to one of the following heat treatment processes:

(i) at least 70 oC for at least 30 minutes; or

(ii) at least 90 oC for at least 15 minutes; or

(iii) a minimum temperature of 80 oC in a continuous rendering system;

B. where the lard of rendered fats are packaged, they have been packed in new containers and all precautions have been taken to prevent their recontamination;

C. where bulk transport of the product is intended, the pipes, pumps and bulk tank and any other bulk container tanks or bulk road tanker used in the transportation of the products from the manufacturing plant either directly on to the ship or into shore tanks or direct to establishments were inspected and found to be clean before use.

▼M12 —————

▼B

CHAPTER 11

▼M16

Rabbit meat and farmed game meat intended for human consumption

▼B

Member States shall ensure that rabbit meat and farmed game meat are imported only if:

(a) they come from third countries included:

(i) for furred farm game, on the list of countries from which fresh meat of the corresponding species may be imported pursuant to Directive 72/462/EEC;

(ii) for feather farmed game, on the list of countries from which fresh poultrymeat may be imported pursuant to Directive 91/494/EEC ( 24 );

(iii) for rabbit meat, on a list to be drawn up under the procedure laid down in Article 18;

(b) they satisfy at least the requirements laid down in Chapters II and III respectively of Directive 91/495/EEC ( 25 );

(c) they come from establishments offering the guarantees provided for in (b) and recognized under the procedure provided for in Article 18 or, pending the list referred to in (a) (iii), from establishments approved by the competent authorities;

(d) each batch of meat is accompanied by the health certificate provided for in Article 10 (2) (c).

▼M12 —————

▼M17 —————

▼B




ANNEX III

I

CONSOLIDATED VERSION OF ANNEXES A AND B TO DIRECTIVE 89/662/EEC




‘ANNEX A

VETERINARY LEGISLATION

CHAPTER I

 Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (OJ No 121, 29. 7. 1964, p. 2012/64).

 Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (OJ No L 55, 8. 3. 1971, p. 23).

 Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (OJ No L 302, 31. 12. 1972, p. 24).

 Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (OJ No L 26, 31. 1. 1977, p. 85).

 Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products (OJ No L 47, 21. 2. 1980, p. 4).

 Council Directive 88/657/EEC of 14 December 1988 laying down the requirements for the production of, and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations (OJ No L 382, 31. 12. 1988, p. 3).

 Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and the placing on the market of egg products (OJ No L 212, 22. 7. 1989, p. 87).

 Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No L 46, 19. 2. 1991, p. 1).

 Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (OJ No L 268, 24. 9. 1991, p. 1).

 Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (OJ No L 268, 24. 9. 1991, p. 15).

 Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (OJ No L 268, 24. 9. 1991, p. 35).

 Council Directive 91/495/EEC of 27 November 1991 concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (OJ No L 268, 24. 9. 1991, p. 41).

 Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (OJ No L 268, 14. 9. 1992, p. 35).

 Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ No L 268, 14. 9. 1992, p. 1).

CHAPTER II

 Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (with the exception of pathogens).




ANNEX B

PRODUCTS NOT SUBJECT TO COMMUNITY HARMONIZATION, BUT TRADE IN WHICH WOULD BE SUBJECT TO THE CHECKS PROVIDED FOR BY THIS DIRECTIVE

Other products of animal origin included neither in Annex B to this Directive nor in the Annex to Directive 90/425/EEC: these products will be defined under the procedure laid down in Article 18.’

II

CONSOLIDATED VERSION OF ANNEXES A AND B TO DIRECTIVE 90/425/EEC




‘ANNEX A

CHAPTER I

VETERINARY LEGISLATION

Section 1

 Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ No 121, 29. 7. 1964, p. 1977/64).

 Council Directive 88/407/EEC of 14 June 1988 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 (OJ No L 194, 22. 7. 1988, p. 10).

 Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embyros of domestic animals of the bovine species (OJ No L 302, 19. 10. 1989, p. 1).

 Council Directive 90/426/EEC of 26 June 1990 on the health policy conditions governing the movement of equidae and their import from third countries (OJ No L 224, 18. 8. 1990, p. 42).

 Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ No L 224, 18. 8. 1990, p. 62).

 Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ No L 303, 31. 10. 1990, p. 6).

 Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (OJ No L 363, 27. 12. 1990, p. 51).

 Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No L 46, 19. 2. 1991, p. 1).

 Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No L 46, 19. 2. 1991, p. 19).

 Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (OJ No L 340, 11. 12. 1991, p. 17).

Section 2

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) (1) to Directive 90/425/EEC (OJ No L 268, 14. 9. 1992, p. 54).

— For pathogens:

Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC.

CHAPTER II

ZOOTECHNICAL LEGISLATION

 Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (OJ No L 206, 12. 8. 1977, p. 8).

 Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ No L 382, 31. 12. 1988, p. 36).

 Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ No L 153, 8. 6. 1989, p. 30).

 Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No L 224, 18. 8. 1990, p. 55).

 Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and pedigree requirements for the marketing of pure-bred animals (OJ No L 85, 5. 4. 1991, p. 37).




ANNEX B

ANIMALS AND PRODUCTS NOT SUBJECT TO HARMONIZATION BUT TRADE IN WHICH WILL BE SUBJECT TO THE CHECKS PROVIDED FOR IN THIS DIRECTIVE

CHAPTER I

Veterinary legislation — other live animals not listed in Annex A, Chapter I.

CHAPTER II

Veterinary legislation — semen, ova and embryos not listed in Annex A, Chapter I.’



( 1 ) OJ No C 327, 30. 12. 1989, p. 29; and OJ No C 84, 2.4. 1990, p 102.

( 2 ) OJ No C 113, 7. 5. 1990, p. 205; and OJ No C 149, 18. 6. 1990, p. 259.

( 3 ) OJ No C 124, 21. 5. 1990, p. 15; and OJ No C 182, 23. 7. 1990, p. 250.

( 4 ) OJ No L 373, 31. 12. 1990, p. 1.

( 5 ) OJ No L 395, 30. 12. 1989, p. 13. Directive as last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).

( 6 ) OJ No L 378, 31. 12. 1982, p. 58. Directive as last amended by Decision 90/134/EEC (OJ No L 76, 22. 3. 1990, p. 23).

( 7 ) OJ No L 373, 31. 12. 1990, p. 26

( 8 ) OJ No L 26, 31. 1. 1977, p. 85. Directive updated by Directive 92/5/EEC (OJ No L 57, 2. 3. 1992, p. 1), and last amended by Directive 92/45/EEC (OJ No L 268, 14. 9. 1992, p. 35)

( 9 ) OJ No L 268, 14. 9. 1992, p. 1.

( 10 ) OJ No L 268, 24. 9. 1991, p. 56.

( 11 ) OJ No L 302, 31. 12. 1972, p. 24. Directive as last amended by Directive 91/687/EEC (OJ No L 377, 31. 12. 1991, p. 16).

( 12 ) OJ No L 84, 31. 3. 1992, p. 33.

( 13 ) OJ No L 87, 2. 4. 1992, p. 20.

( 14 ) OJ No L 62, 15. 3. 1993, p. 49.’

( 15 ) OJ No L 255, 18. 10. 1968, p. 23.

( 16 ) OJ No 121, 29. 7. 1964, p. 2012/64. Directive as last amended by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).

( 17 ) OJ No L 47, 21. 2. 1980, p. 4. Directive as last amended by Directive 91/687/EEC (OJ No L 377, 31. 12. 1991, p. 16).

( 18 ) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Directive 91/688/EEC (OJ No L 377, 31. 12. 1991, p. 18).

( 19 ) OJ No L 302, 31. 12. 1972, p. 24.

( 20 ) OJ No L 268, 24. 9. 1991, p. 35.

( 21 ) OJ No L 268, 24. 9. 1991, p. 41.

( 22 ) OJ No L 302, 31. 12. 1972, p. 28.

( 23 ) OJ No L 26, 31. 1. 1977, p. 85.

( 24 ) OJ No L 268, 24. 9. 1991, p. 25.

( 25 ) OJ No L 268, 24. 9. 1991, p. 41.

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