Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC

• Published date: 15 March 1993
• Official Gazette Publication: Diario Oficial de las Comunidades Europeas, L 62, 15 de marzo de 1993,Journal officiel des Communautés européennes, L 62, 15 mars 1993

1992L0118 — EN — 01.01.2006 — 015.002

---

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

►B COUNCIL DIRECTIVE 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ L 062, 15.3.1993, p.49)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION DECISION of 13 July 1994	L 190	26	26.7.1994
M2	COMMISSION DECISION of 26 October 1994	L 288	48	9.11.1994
M3	COMMISSION DECISION of 26 July 1995	L 200	35	24.8.1995
M4	COMMISSION DECISION of 27 July 1995	L 200	36	24.8.1995
M5	COMMISSION DECISION of 25 January 1996	L 24	28	31.1.1996
M6	COMMISSION DECISION of 10 May 1996	L 129	35	30.5.1996
►M7	COMMISSION DECISION of 21 June 1996	L 165	40	4.7.1996
►M8	COUNCIL DIRECTIVE 96/90/EC of 17 December 1996	L 13	24	16.1.1997
►M9	COUNCIL DIRECTIVE 97/79/EC of 18 December 1997	L 24	31	30.1.1998
M10	COMMISSION DECISION of 28 October 1999	L 290	32	12.11.1999
M11	COMMISSION DECISION of 19 December 2000	L 2	27	5.1.2001
►M12	DIRECTIVE 2002/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2002	L 315	14	19.11.2002
M13	COMMISSION DECISION of 10 January 2003	L 13	24	18.1.2003
M15	COMMISSION DECISION of 29 September 2003	L 260	21	11.10.2003
►M16	COMMISSION REGULATION (EC) No 445/2004 of 10 March 2004	L 72	60	11.3.2004
►M17	DIRECTIVE 2004/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004	L 157	407	30.4.2004

Amended by:

A1	C 241	21	29.8.1994
	L 001	1	..
A2	L 236	33	23.9.2003

Corrected by:

►C1 Corrigendum, OJ L 195, 2.6.2004, p. 12 (2004/41)

---

▼B

COUNCIL DIRECTIVE 92/118/EEC

of 17 December 1992

laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, 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 opinions of the European Parliament ( 2 ),

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

Whereas 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 products constitutes an important source of income for part of the farming population;

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

Whereas the Community must adopt the measures intended progressively to establish the internal market consisting of an area without internal frontiers, over a period expiring on 31 December 1992;

Whereas in view of the abovementioned objectives the Council has laid down animal health rules applicable to fresh meat, poultrymeat, meat products, game meat, rabbit meat and milk products;

Whereas, save where otherwise provided, trade in 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 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, when Directive 92/65/EEC was adopted, the Commission agreed to disassociate the animal health aspects applicable to animals from those applicable to products;

Whereas, so as to allow checks at borders between Member States to be abolished on 1 January 1993, animal health and public health rules should be fixed to apply to all products subject to such checks trade in and imports of which have not yet been harmonized at Community level;

Whereas, to achieve this objective, certain existing rules should be adapted for the adoption of the aforesaid measures;

Whereas a system of approval should be introduced for the third countries and establishments which meet the requirements laid down by this Directive, together with a Community inspection procedure to ensure that the conditions for such approval are observed;

Whereas the accompanying document for products is the best way of satisfying the competent authority of the place of destination that a consignment complies with the provisions of this Directive; whereas the public health or animal health certificate should be maintained for the purposes of verifying the destination of certain imported products;

Whereas the rules, principles and safeguard measures established by 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 ( 4 ) should apply here;

Whereas, in the context of intra-Community trade, the rules laid down in Directive 89/662/EEC should also be applied;

Whereas the Commission should be entrusted with the task of adopting certain measures for implementing this Directive; whereas, to that end, procedures should be laid down establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;

Whereas, in view of the particular supply difficulties arising from its geographical situation, special derogations should be permitted for the Hellenic Republic;

Whereas the adoption of specific rules for the products covered by this Directive is without prejudice to the adoption of rules on food hygiene and safety in general, on which the Commission has submitted a proposal for a framework Directive,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

General provisions

Article 1

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 ( 5 ) 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

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 ( 6 )

(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 ( 7 );

▼M12 —————

▼B

(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 ( 8 ).

▼M12 —————

▼B

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.

Article 3

Member States shall ensure that:

— trade in and imports of products of animal origin referred to in Article 1 ►M12 ————— ◄ 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,

▼M12

— 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...