24.9.9 Official Journal of the European Communities No L 268/35 COUNCIL DIRECTIVE of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (91/494/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, " Having regard to the Treaty establishing the European Economic Comimunity, and in particular Article 43 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 Economic and Social Committee (3), Whereas poultrymeat is included in the list of products in Annex 11 to the Treaty; whereas the breeding and rearing of poultry is included in the farming sector and constitutes a source of income for part of the farming population; Whereas disparities between Member States should be removed by laying down rules regarding the animal health aspects of intra-Community trade in fresh poultrymeat in order to ensure the rational development of that sector and improve productivity by encouraging intra-Community trade, with a view to the completion of the internal market; Whereas, in particular, to improve information concerning the state of health of the poultry from which fresh meat for consignment to another Member State comes, it should be stipulated that the poultry must either have been reared on the territory of the Community or have been imported from -third countries in accordance with Chapter III of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade and imports from third countries of poultry and hatching eggs (*); Whereas, in order to prevent it from propagating epizootic diseases, fresh meat coming from a holding or area which, in accordance with Community rules, has been placed under health restrictions or from an area infected by avian influenza or Newcastle disease should be excluded from intra- Community trade; Whereas care should be taken that fresh poultrymeat that does not comply with Community rules should not be given (1) OJ No C 327, 30. 12. 1989, p. 72. (2) OJ No C 183, 15. 7. 1991. (*) O No C 124, 21. 5. 1990, p. 12. (*) OJ No L 303, 31. 10. 1990, p. 6. the health mark provided for in Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (), as last amended by Directive 90/484/EEC (¢); whereas, such meat may, however, be put to other uses provided that it has undergone treatment designed to destroy the germs of diseases, in which case it will bear a special mark to that effect; Whereas, in respect of the organization of and the follow-up to the checks being carried out by the Member State of destination and the safeguard measures to be implemented, reference should be made to the general rules laid down in 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 (7); Whereas provision should be made so that inspections may be carried out by the Commission; Whereas, in the interests of the harmonious development of intra-Community trade; Community arrangements should be defined in respect of imports from third countries; Whereas defining the said arrangements requires in particular that a list be drawn up of third countries or parts of third countries from which fresh poultrymeat may be imported and that a certificate be produced; Whereas the Commission’s veterinary experts should be instructed to carry out checks in third countries in order to determine whether the Community rules are complied with; Whereas the rules and genefal principles governing checks on fresh poultrymeat will be determined later as part of the measures to be taken to bring about the internal market; Whereas Directive 90/ 539/EEC should be amended in order to take into account the contents of this Directive, with a view in particular to ensure parallelism with regard to the date on which Member States must comply with the new health rules; Whereas the provisions of this Directive will have to be reviewed in the context of the completion of the internal market; (°) OJ No L 55, 8. 3. 1971, p. 23. (¢) O] No L 267, 29. 9. 1990, p. 45. (7) OJ No L 395, 31. 12. 1989, p. 13.