Council Directive 92/118/EECShow full title

CHAPTER II U.K. Provisions applicable to trade

Article 4 U.K.

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 [F1 [X1 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[F2 [X1 and Annex II as regards public health aspects] ],

2.

they must come from establishments which:

(a)

undertake, in the light of the specific requirements laid down in [X1 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.

Editorial Information

X1 Substituted by Corrigendum to Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (Official Journal of the European Union L 157 of 30 April 2004).

Textual Amendments

F1 Substituted by Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

F2 Deleted by Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

Article 5 U.K.

Member States shall ensure that every necessary measure is taken to guarantee that products of animal origin referred to in [F1 [X1 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.

Editorial Information

X1 Substituted by Corrigendum to Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (Official Journal of the European Union L 157 of 30 April 2004).

Textual Amendments

F1 Substituted by Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

Article 6 U.K.

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 U.K.

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 [F1 [X1 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.

Editorial Information

X1 Substituted by Corrigendum to Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (Official Journal of the European Union L 157 of 30 April 2004).

Textual Amendments

F1 Substituted by Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

Article 8 U.K.

In Chapter 1 (1) of Annex A to Directive 92/46/EEC(1) 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.’

(1)

OJ No L 268, 14. 9. 1992, p. 1.