14.9.92 Official Journal of the European Communities No L 268/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products 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 raw milk, heat-treated drinking milk, milk for the manufacture of milk-based products and milk-based products are included in the list of products in Annex I to the Treaty; whereas the production of and trade in such milk and products constitute an important source of income for the agricultural population; @ Whereas, in order to ensure the rational development of this sector health rules governing the production and placing on the market of milk and milk-based products should be laid down at Community level; Whereas this principle has already been followed in Council Directive 85/397/EEC of 5 August 1985 on health and animal health problems affecting intra-Community trade in heat-treated milk (*); () OJNoC 84,2.4.1990,pp. 112and 130. O] No C 306, 26.11. 1991, p. 7. O} No C 308, 28. 11. 1991, p-14. () O) No C 183, 15. 7. 1991, pp. 60 and 61. (?y OJ No C 332, 31. 12. 1990, pp. 91 and 102. (*) OJNoL 226, 24. 8. 1985, p. 13. Last amended by Commission Decision 89/165/EEC (O] No L 61, 4. 3. 1989, p. 57). Whereas the introduction of such rules will help to ensure a high level of protection of public health; Whereas the Community has to adopt measures for the gradual establishment of the internal market over a period expiring on 31 December 1992; Whereas it seems necessary to exclude from the scope of this Directive certain products sold directly by the producer to the consumer; Whereas, in order to create the conditions for the internal market, the principles and the rules on checks contained in Directive 89/662/EEC (5) should be extended to all production of milk-based products; Whereas products placed on the Community market which come from third countries must afford the same degree of protection as regards human health; whereas guarantees equivalent to those offered by products of Community origin should therefore be required in respect of such products and they should be subject to the principles and rules on checks contained in Directive 90/675/EEC (¢); Whereas the hygiene rules must apply to the production, wrapping, storage and transport of the products covered by this Directive; (*) 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 (O] No L 395, 30. 12. 1989, p. 13). Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56). 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 (O] No L 373, 31. 12. 1990, p. 1). Amended by Directive 91/496/EEC (O] No L 268, 24. 9. 1991, p. 56). ~ (6 ~—