Council Directive 92/65/EECShow full title

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) 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 opinion of the European Parliament(2),

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

Whereas live animals and 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 animals and products constitutes a source of income for part of the farming population;

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

Whereas the Community must adopt the measures intended to establish the internal market progressively over a period expiring on 31 December 1992;

Whereas in view of the abovementioned objectives the Council has laid down animals health rules applicable to cattle, swine, sheep and goats, equidae, poultry and hatching eggs, fish and fish products, bivalve molluscs, semen of bulls and boars, ovine embryos, fresh meat, poultrymeat, meat products, game meat and rabbit meat;

Whereas animal health rules should be adopted for the placing on the market of animals and products of animal origin which are not yet covered by the abovementioned rules;

Whereas provision should be made for applying this Directive without prejudice to Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora(4);

Whereas, as regards certain technical aspects, reference must be made to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(5) and Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(6);

Whereas, in respect of the organization of checks and the follow-up thereto, as well as the safeguard measures to be implemented, reference must be made to the general rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(7);

Whereas, save where otherwise provided, trade in animals and 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 animals and 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 the specific situation pertaining in the United Kingdom of Great Britain and Northern Ireland and in Ireland given the insular position of those countries, and the fact that they have been free of rabies for a considerable period of time, warrants particular provisions to ensure that the placing on the market in the United Kingdom and Ireland of dogs and cats which do not originate in those countries does not involve a risk of introducing rabies into those States, without however affecting the abolition of veterinary checks at the frontiers between Member States;

Whereas a health certificate is the most appropriate means of guaranteeing and monitoring compliance with these requirements;

Whereas, to maintain the health situation in the Community, when the animals and products of animal origin referred to in this Directive are placed on the market, they should be made subject to the minimum requirements laid down for trade and compliance therewith monitored in accordance with the principles and rules laid down in 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(8);

Whereas provision should be made for a procedure establishing close co-operation between the Member States and the Commission within the Standing Veterinary Committee;

Whereas the deadline for transposition into national law, set at 1 January 1994 in Article 29, should not affect the abolition of veterinary checks at frontiers on 1 January 1993,

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No C 327, 30.12.1989, p. 57 and OJ No C 84, 2.4.1990, p. 102.

(2)

OJ No C 38, 19.2.1990, p. 134 and OJ No C 149, 18.6.1990, p. 263.

(3)

OJ No C 62, 12.3.1990, p. 47 and OJ No C 182, 23.7.1990, p. 25.

(4)

OJ No L 384, 31.12.1982, p. 1. Last amended by Regulation (EEC) No 197/90 (OJ No L 29, 31.1.1990, p. 1).

(5)

OJ No 121, 29.7.1964, p. 1977/64. Last amended by Directive 91/499/EEC (OJ No L 268, 24.9.1991, p. 107).

(6)

OJ No L 315, 26.11.1985, p. 11. Amended by Directive 90/423/EEC (OJ No L 224, 18.8.1990, p. 13.).

(7)

OJ No L 224, 18.8.1990, p. 29. Last amended by Directive 91/496/EEC (OJ No L 268, 24.9.1991, p. 56).

(8)

OJ No L 373, 31.12.1990, p. 1. Amended by Directive 91/496/EEC (OJ No L 268, 24.9.1991, p. 56).