Council Directive of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (90/425/EEC) (repealed)

CHAPTER III U.K. Common provisions

Article 10 U.K.

1. Each Member State shall immediately notify the other Member States and the Commission of any outbreak in its territory, in addition to an outbreak of diseases referred to in Directive 82/894/EEC, of any zoonoses, diseases or other cause likely to constitute a serious hazard to animals or to human health.

The Member State of dispatch shall immediately implement the control or precautionary measures provided for in Community rules, in particular the determination of the buffer zones provided for in those rules, or adopt any other measure which it deems appropriate.

The Member State of destination or transit which, in the course of a check referred to in Article 5, has established the existence of one of the diseases or causes referred to in the first subparagraph may, if necessary, take the precautionary measures provided for in Community rules, including the quarantining of the animals.

Pending the measures to be taken in accordance with paragraph 4, the Member State of destination may, on serious public or animal health grounds, take interim protective measures with regard to the holdings, centres or organizations concerned or, in the case of an epizootic disease, with regard to the buffer zone provided for in Community rules.

The measures taken by Member States shall be notified to the Commission and to the other Member States without delay.

2. At the request of the Member State referred to in the first subparagraph of paragraph 1 or on the initiative of the Commission, one or more Commission representatives may go at once to the place concerned to examine, in collaboration with the competent authorities, what measures have been taken, and shall issue an opinion on those measures.

3. If the Commission has not been informed of the measures taken, or if it considers the measures taken to be inadequate, it may, in collaboration with the Member State concerned and pending the meeting of the Standing Veterinary Committee, take interim protective measures with regard to animals or products from the region affected by the epizootic disease or from a given holding, centre or organization. These measures shall be submitted to the Standing Veterinary Committee as soon as possible to be confirmed, amended or cancelled in accordance with the procedure laid down in Article 17.

4. The Commission shall in all cases review the situation in the Standing Veterinary Committee at the earliest opportunity. It shall adopt the necessary measures for the animals and products referred to in Article 1 and, if the situation so requires, for the products derived from those animals, in accordance with the procedure laid down in Article 17. The Commission shall monitor the situation and, by the same procedure, shall amend or repeal the decisions taken, depending on how the situation develops.

5. Detailed rules for the application of this Article, and in particular the list of zoonoses or causes likely to constitute a serious hazard to human health, shall be adopted in accordance with the procedure laid down in Article 18.

Article 11 U.K.

Each Member State and the Commission shall appoint the veterinary department or departments responsible for carrying out the veterinary checks and collaborating with the other Member States' inspection departments.

Article 12 U.K.

Member States shall ensure that all dealers engaging in intra-Community trade in the animals and/or products covered by Article 1:

(a)

are required, at the request of the competent authority, to register beforehand in an official register;

(b)

keep a record of deliveries and, for the consignees referred to in Article 5 (1) (b) (iii), of the subsequent destination of the animals and products.

The said record shall be preserved for a period to be determined by the competent national authority so that it can be presented to the competent authority on request.

Article 13 U.K.

The Member States shall also ensure that the officials of their veterinary departments, if appropriate in collaboration with the officials of other departments empowered to that end, are able in particular to:

• carry out inspections of holdings, installations, means of transport and processes used for the marking and identification of animals,

• check, as regards the products listed in Annex A, that the personnel are complying with the requirements laid down in the texts referred to in that Annex,

• take samples from:

  (i)

  animals held with a view to being sold, put on the market or transported;

  (ii)

  products held with a view to being stored or sold, put on the market or transported,

• examine documentary or data processing material relevant to the checks carried out further to the measures taken under this Directive.

Member States must require the holdings, centres or organizations being checked to afford the collaboration necessary for the performance of the aforementioned tasks.

Article 14 U.K.

1. Directive 64/432/EEC(1), as last amended by Directive 89/662/EEC(2), is hereby amended as follows:

(a) Article 6 is replaced by the following:

‘Article 6

Animals for slaughter which have been taken on arrival in the country of destination either directly or via an approved market or assembly centre to a slaughterhouse must be slaughtered there as soon as possible, in accordance with animal health requirements.

Animals for slaughter which have been taken on arrival in the country of destination to a market adjoining a slaughterhouse under whose rules all animals may be removed, in particular after the market, only to a slaughterhouse approved for this purpose by the competent central authority must be slaughtered at that slaughterhouse not later than five days after arriving at the market.

The competent authority of the country of destination may, in the light of animal health considerations, designate the slaughterhouse to which those animals must be sent.’

(b) Article 7 (3) and the first subparagraph of Article 8 (2) are hereby deleted.

(c) Articles 9 and 10 are replaced by the following:

‘Article 9

1. A Member State which has a national control programme for one of the contagious diseases not referred to in Annex E for all or part of its territory may submit the said programme to the Commission, outlining in particular:

• the distribution of the disease in the Member State,

• the reasons for the programme, taking into consideration the importance of the disease and the programme's likely benefit in relation to its cost,

• the geographical area in which the programme will be implemented,

• the status categories to be applied to the animal establishments, the standards which must be attained in each category, and the test procedures to be used,

• the programme monitoring procedures,

• the action to be taken if, for any reason, an establishment loses its status,

• the measures to be taken if the results of the tests carried out in accordance with the provisions of the programme are positive.

2. The Commission shall examine the programmes presented by the Member States. Programmes as referred to in paragraph 1 may be approved in compliance with the criteria laid down in paragraph 1 in accordance with the procedure provided for in Article 12. According to the same procedure, the additional guarantees, general or limited, which may be required in intra-Community trade, shall be defined at the same time or at the latest three months after approval of the programmes. Such guarantees must not exceed those which the Member State implements nationally.

3. Programmes submitted by Member States may be amended or supplemented in accordance with the procedure laid down in Article 12. Amendments or additions to programmes which have already been approved or to guarantees which have been defined in accordance with paragraph 2 may be approved under the same procedure.

Article 10

1. Where a Member State considers that its territory or part of its territory is free from one of the diseases to which bovine animals and swine are susceptible, it shall present to the Commission appropriate supporting documentation, setting out in particular:

• the nature of the disease and the history of its occurrence in its territory,

• the results of surveillance testing based on serological, microbiological, pathological or epidemiological investigation and on the fact that the disease must by law be notified to the competent authorities,

• the period over which the surveillance was carried out,

• where applicable, the period during which vaccination against the disease has been prohibited and the geographical area concerned by the prohibition,

• the arrangements for verifying the absence of the disease.

2. The Commission shall examine documentation submitted by Member States. The additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the procedure laid down in Article 12. Such guarantees must not exceed those which the Member State implements nationally. Where justification is submitted before 1 July 1991, decisions on additional guarantees shall be taken before 1 January 1992.

3. The Member State concerned shall notify the Commission of any change in the particulars specified in paragraph 1 which relate to the disease. The guarantees defined as laid down in paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure laid down in Article 12.’

2. Subparagraphs 2 to 5 of Article 5 (2) and Articles 7 and 15 of Directive 88/407/EEC(3) are hereby deleted.

3. Subparagraphs 2 to 4 of Article 5 (2) and Article 14 of Directive 89/556/EEC(4) are hereby deleted.

4. In the fifth line of the first subparagraph of Article 13 of Directive 72/462/EEC(5), as last amended by Directive 89/227/EEC(6), ‘three’ is replaced by ‘five’.

Article 15 U.K.

1. The following Article is inserted in Directives 64/432/EEC and 89/556/EEC:

‘Article 14

The rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market(7), shall apply in particular to checks at origin, to the organization of, and follow-up to, the checks to be carried out by the country of destination, and to the safeguard measures to be implemented.’

2. The following Article is inserted in Directive 88/407/EEC:

‘Article 15

The rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market(8), shall apply in particular to checks at origin, to the organization of, and follow-up to, the checks to be carried out by the Member State of destination, and follow up to, the checks to be carried out by the Member State of destination, and to the safeguard measures to be implemented.’

3. Article 9 of Directive 90/426/EEC is replaced by the following:

‘Article 9

The rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market(9), shall apply in particular to checks at origin, to the organization of, and follow-up to, the checks to be carried out by the Member State of destination, and to the safeguard measures to be implemented.’

Article 16 U.K.

The Commission may, in accordance with the procedure laid down in Article 18, amend the list of diseases referred to in Annex C.

Article 17 U.K.

Where reference is made to the procedure provided for in this Article, the Standing Veterinary Committee set up by Decision 68/361/EEC(10) shall take decisions in accordance with the rules established in Article 17 of Directive 89/662/EEC.

Article 18 U.K.

Where reference is made to the procedure defined in this Article, the Standing Veterinary Committee shall take decisions in accordance with Article 18 of Directive 89/662/EEC.

F1 Article 19 U.K.

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Textual Amendments

F1 Deleted by Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (Text with EEA relevance).

(1)

OJ No 121, 29.7.1964, p. 2012/64.

(2)

OJ No L 395, 30.12.1989, p. 13.

(3)

OJ No L 134, 22.7.1988, p. 10.

(4)

OJ No L 302, 19.10.1989, p. 1.

(5)

OJ No L 302, 31.12.1972, p. 28.

(6)

OJ No L 93, 6.4.1989, p. 25.

(7)

OJ No L 224, 18.8.1990, p. 29.’

(8)

OJ No L 224, 18.8.1990, p. 29.’

(9)

OJ No L 224, 18.8.1990, p. 29.’

(10)

OJ No L 255, 18.10.1968, p. 23.