Rådsdirektiv 90/425/EØF av 26. juni 1990 om veterinærkontroll og avlskontroll ved handel med visse levende dyr og produkter innenfor Fellesskapet med sikte på gjennomføring av det indre marked
Fortolkningsdom avsagt av EU-domstolen 22.7.2011
BAKGRUNN (fra Kommisjonens faktaark, engelsk utgave)
Veterinary and zootechnical checks at the Community's internal frontiers
With a view to making the internal market run more smoothly, this legislation abolishes veterinary and zootechnical checks at the Community's internal borders, while at the same time reinforcing the checks to be carried out at the point of origin and at the place of destination.
This Directive and its subsequent amendments deals with the veterinary checks applicable to intra-Community trade in live animals and products of animal origin (semen, ova and embryos) covered by Community legislation (Annex A of the Directive). It abolishes automatic checks at the internal borders of the European Union (EU) and lays down the arrangements for carrying out checks in the countries of origin, transit and destination.
It is up to the Member State of dispatch or destination to ensure that the appropriate checks are performed and, where necessary, that certification is duly provided.
In the Member State of origin, the competent authority must verify, among other things, that the animals and products concerned:
• come from holdings, centres or organisations which are subject to regular official veterinary checks;
• are identified and registered in accordance with the requirements of Community law;
• are accompanied by health certificates and other appropriate documents during transport and through to the destination;
• do not originate from holdings or regions which are subject to restrictions applying to those animals or products because of the suspicion or existence of certain diseases;
• come from a country or region offering sufficient health guarantees from the point of view of the country of destination;
• are transported in accordance with the hygiene rules in force.
Additionally, in the country of origin, the competent authority must carry out checks in holdings, markets and assembly centres to verify that the animals and products meet Community standards, especially as regards identification. Measures will be taken against suppliers or consignors of animals and products who fail to comply with these rules.
Non-discriminatory spot checks may be carried out at places of destination. If an infringement is suspected, checks may be carried out during transport.
The consignees of animals and products dispatched from another Member State are responsible for those animals and products upon their arrival at the destination and afterwards, once the transport operation is completed. This applies, for example, to animals intended for markets. Consignees may be required to report in advance to the competent authority of the Member State of destination the arrival of animals or products from another Member State.
If necessary, live animals may be quarantined at the place of destination or in a quarantine station.
The Directive specifies the checks to be carried out at the places where live animals and products from third countries may be brought into EU territory, such as ports, airports and frontier posts with third countries.
When, during a check, the competent authorities discover:
• that agents responsible for a disease are present or that the origin of the animals or products is hazardous, the animals or products concerned must be put in quarantine or slaughtered and/or destroyed;
• that the animals or products do not meet the conditions laid down by Community Directives or by national animal health rules, various measures may be taken, including maintenance of the animals or products under supervision, return of the consignment, slaughter or destruction.
If there is an outbreak of zoonosis, disease or any other risk to animal or human health, the Member State of dispatch must take the appropriate preventive and control measures, including restrictions on movement if the risk is serious. The Member State of destination or transit may take precautionary measures such as quarantining. The Commission will examine the situation at the earliest opportunity and will decide on the appropriate action.
The Member States must ensure that dealers who engage in intra-Community trade in the animals and/or products concerned keep a record of deliveries and of the subsequent destination of the animals and products.
The Directive amends the following legislative acts:
* Council Directive 64/432/EEC [Official Journal L 121 of 29.07.1964];
* Council Directive 88/407/EEC [Official Journal L 194 of 22.07.1988];
* Council Directive 89/227/EEC [Official Journal L 93 of 06.04.1989];
* Council Directive 89/556/EEC [Official Journal L 302 of 19.10.1989];
* Council Directive 90/426/EEC [Official Journal L 224 of 18.08.1990].
The Animo system a computerised network set up by the Commission for linking veterinary authorities, was replaced by the Traces system in 2004.
Directive 92/60/EEC finalises the implementation of Directive 90/425/EEC, providing for the abolition, as from 1 July 1992, of veterinary checks on all live animals, in the light of the progress made in relation to checks on animals from third countries and the measures taken to control foot-and-mouth disease and swine fever.
The non-commercial movement of pets accompanied by a natural person is excluded from the scope of the Directive and is covered by specific rules.
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