Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption

• Published date: 23 January 2003
• Subject Matter: legislazione veterinaria,legislación veterinaria,législation vétérinaire
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 18, 23 gennaio 2003,Diario Oficial de la Unión Europea, L 18, 23 de enero de 2003,Journal officiel de l’Union européenne, L 18, 23 janvier 2003

2002L0099 — EN — 02.08.2013 — 001.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COUNCIL DIRECTIVE 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (OJ L 018, 23.1.2003, p.11)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL DIRECTIVE 2013/20/EU of 13 May 2013	L 158	234	10.6.2013
►M2	COMMISSION IMPLEMENTING DECISION of 31 July 2013	L 206	13	2.8.2013

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▼B

COUNCIL DIRECTIVE 2002/99/EC

of 16 December 2002

laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission ( 1 ),

Having regard to the opinion of the European Parliament ( 2 ),

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

Whereas:

(1) In the context of the single market, specific animal health rules have been laid down to govern intra-Community trade in the production, processing, distribution and introduction from third countries of products of animal origin for human consumption included in Annex I to the Treaty.

(2) Those rules have allowed the removal of obstacles to trade in the products concerned, thereby contributing to the creation of the internal market whilst ensuring a high level of animal health protection.

(3) The aim of those rules is to prevent the introduction or spread of animal diseases resulting from the placing on the market of products of animal origin. They also contain common provisions concerning in particular the restrictions applicable to the placing on the market of products coming from a holding or area infected by epizootic diseases and the obligation to subject products coming from restricted areas to treatment to destroy the disease agent.

(4) Those common provisions should be harmonised in order to remove possible inconsistencies introduced when the specific animal health rules were adopted. Such harmonisation will also ensure uniform implementation of animal health rules throughout the Community and introduce greater transparency in the structure of Community legislation.

(5) Veterinary checks on products of animal origin intended for trade must be carried out in accordance with Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market ( 4 ). Directive 89/662/EEC contains safeguard measures that may be implemented in the event of a serious hazard to animal health.

(6) Products imported from third countries must not present an animal health hazard for Community livestock.

(7) To that end, procedures should be introduced to prevent the introduction of epizootic diseases. Such procedures include a regular evaluation of the animal health situation in the third countries concerned.

(8) Procedures must also be introduced for establishing general or specific rules or criteria to be applied to imports of products of animal origin.

(9) Provisions concerning the importation of meat of domestic ungulates and meat products prepared from or with such meat are already contained in Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries ( 5 ).

(10) The procedures applicable to the importation of meat and meat products can be used as a model for the importation of other products of animal origin.

(11) Veterinary checks on products of animal origin imported into the Community from third countries must be carried out in accordance with Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries ( 6 ); Directive 97/78/EC contains safeguard measures that may be implemented in case of a serious hazard to animal health.

(12) Account must be taken of the guidelines laid down by the World Organisation for Animal Health (OIE) when adopting rules for international trade.

(13) Community audits and inspections must be organised in order to ensure the uniform application of the animal health provisions.

(14) The products covered by this Directive are listed in Annex I to the Treaty.

(15) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 7 ),

HAS ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive lays down the general animal health rules governing all stages of the production, processing and distribution within the Community and the introduction from third countries of products of animal origin and products obtained therefrom intended for human consumption.

These rules do not affect the provisions laid down in Directives 89/662/EEC and 97/78/EC and the Directives listed in Annex I.

Article 2

Definitions

For the purposes of this Directive, the definitions in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ( 8 ) and Directive 97/78/EC shall apply as necessary. The following definitions shall also apply:

1. ‘all stages of the production, processing and distribution’ means any stage from and including the primary production of a food of animal origin, up to and including its storage, transport, sale or supply to the final consumer;

2. ‘introduction’ means the bringing of goods into one of the territories listed in Annex I to Directive 97/78/EC for the purpose of placing them under the customs procedures referred to in Article 4(16)(a) to (f) of Council Regulation (EC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 9 );

3. ‘official veterinarian’ means a veterinarian qualified to act in that capacity appointed by the competent authority;

4. ‘products of animal origin’ means products obtained from animals and products obtained therefrom, for human consumption, including live animals where they are prepared for such use.

CHAPTER I

ANIMAL HEALTH REQUIREMENTS APPLICABLE TO ALL STAGES OF THE PRODUCTION, PROCESSING AND DISTRIBUTION OF PRODUCTS OF ANIMAL ORIGIN WITHIN THE COMMUNITY

Article 3

General animal health requirements

1. Member States shall take measures to ensure that at all stages of the production, processing and distribution of products of animal origin within the Community, food business operators do not cause the spread of diseases transmissible to animals, in accordance with the following provisions.

2. Products of animal origin must be obtained from animals which fulfil the animal health conditions laid down by the relevant Community legislation.

3. Products of animal origin shall be obtained from animals:

(a) which do not come from a holding, establishment, territory or part of a territory subject to animal health restrictions applicable to the animals and products concerned, under the rules set out in Annex I;

(b) which, in the case of meat and meat products, were not slaughtered in an establishment in which animals infected or suspected of being infected with one of the diseases covered by the rules referred to in (a), or carcasses or parts thereof of such animals, were present during the slaughtering or production process, unless such suspicion has been ruled out;

(c) which, in the case of aquaculture animals and products, comply with Directive 91/67/EEC ( 10 ).

Article 4

Derogations

1. Notwithstanding Article 3 and subject to compliance with the disease control measures referred to in Annex I, Member States may authorise the production, processing and distribution of products of animal origin which come from a territory or part of a territory subject to animal health restrictions but which do not come from a holding which is infected or suspected of being infected, provided that:

(i) before being subjected to the treatment referred to below, the products have been obtained, handled, transported and stored separately, or at different times, from products fulfilling all the animal health conditions, and the conditions for transport out of the territory subject to animal health restrictions have been approved by the competent authority;

(ii) the products which are to undergo treatment are clearly identified;

(iii) the products undergo treatment enabling the animal health problem concerned to be eliminated, and

(iv) the treatment is applied at an establishment approved for that purpose by the Member State in which the animal health problem occurred.

The provisions of the first subparagraph shall be applied in accordance with Annexes II and III(1) hereto, or with detailed rules to be adopted in accordance with the procedure referred to in Article 12(2).

2. The production, processing and distribution of aquaculture products not complying with the conditions laid down in Article 3 shall be authorised, subject to the conditions laid down in Directive 91/67/EEC and, where necessary, in accordance with further...