Council Directive 92/118/EECShow full title

CHAPTER I U.K. General provisions

Article 1 U.K.

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(1) 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 U.K.

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 (2)

(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 (3);

[F1 (e) processed animal protein intended for animal consumption means animal protein which has been treated so as to render it suitable for direct use as a feedingstuff or as an ingredient in a feedingstuff for animals. It includes fishmeal, meatmeal, bonemeal, hoofmeal, hornmeal, bloodmeal, feathermeal, dry greaves and other similar products including mixtures containing these products;]

(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 (4) [F2 .]

[F1 (g) apiculture product means honey, beeswax, royal jelly, propolis or pollen, not intended for human consumption or for industrial use.]

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.

Textual Amendments

F1 Deleted by Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products.

F2 Substituted by Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products.

Article 3 U.K.

Member States shall ensure that:

• trade in and imports of products of animal origin referred to in Article 1 [F1 together with gelatins not intended for human consumption ]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,

• [F2 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,]

• 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.

Textual Amendments

F1 Deleted by Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products.

F2 Substituted by Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products.

(1)

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).

(2)

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).

(3)

OJ No L 373, 31. 12. 1990, p. 26

(4)

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)