The accession of Spain to the European Economic Community requires the incorporation of Community legislation into national legislation.

The health requirements to be met by fresh meat of bovine, ovine, caprine, porcine and domestic solipeds, subject to intra-Community trade and imported from third countries, are already in force. incorporated into Spanish legislation through Royal Decree 1728/1987 of 23 December.

Council Directive 72/461/EEC, as amended by Directives 77 /98/EEC, 80 /213/EEC, 80 /1099/EEC, 84 /643/EEC 85 /322/EEC, 87 /64/EEC and 87 /489/EEC lays down the animal health conditions to be met by the animals of the domestic bovine, ovine, caprine, porcine and solipeds whose meat is intended for intra-Community trade, and such meat, in order to prevent the spread of diseases which may endanger the health of the Community livestock herd; and to prevent direct and indirect risks to human health. Council Directive 72 /462/EEC also lays down, inter alia, the requirements of animal health to be complied with by fresh meat of the species referred to above, which are imported into the Community from countries third parties.

Consequently, it is necessary to incorporate into Spanish legislation the animal health requirements set out in the abovementioned Directives, in accordance with the state competence contained in Article 149.1.10. and 16 of the Spanish Constitution.

For these purposes and on the proposal of the Minister for Agriculture, Fisheries and Food and after deliberation by the Council of Ministers at its meeting on 26 January 1990,

DISPONGO:

CHAPTER FIRST

General provisions

Article 1. º

The purpose of this Royal Decree is to establish the health requirements to be met by the fresh meat referred to in Article 1 of Royal Decree 1728/1987 of 23 December 1987 approving the technical-health rules governing the requirements for intra-Community trade and imports from third countries of fresh meat, as well as those to be collected by slaughterhouses, cutting plants and approved cold stores for such trade.

Art. 2. º

For the purposes of this Royal Decree the definitions set out in Chapter I, Standard I, of Royal Decree 1728/1987 shall apply.

CHAPTER II

Animal health provisions applicable to intra-Community trade in fresh meat

Art. 3. º

In addition to compliance with the health requirements laid down in Royal Decree 1728/1987 of 23 December 1987, shipments of fresh meat from Spain to other Member States of the EEC as well as shipments to Spain from these must meet the following conditions:

1. In the case of fresh meat obtained from domestic animals of the species, bovine, ovine, caprine, porcine and domestic solipeds, they must come from animals which have remained in the Community for at least 21 days. before slaughter or from birth, in the case of animals of less than twenty-one days.

2. They shall be obtained from animals which do not come from a holding or from an area subject to the detention of their livestock members as a result of the occurrence of the following diseases. Foot-and-mouth disease, African swine fever, classical swine fever, swine vesicular disease, contagious swine fever (Teschen disease), brucellosis and bacterial anthrax, to which the animals concerned are receptive, applying the following criteria:

Where the slaughter of all animals belonging to the holding, which is receptive to the disease, is not carried out, a protection zone of two kilometres of radius shall be established around the same, for at least 30 days from the last recorded case of disease in the case of foot-and-mouth disease and swine vesicular disease; for at least 40 days in the case of classical swine fever and contagious swine fever (Teschen disease): for at least six weeks in the case of bovine brucellosis or swine, and for at least 15 days in the case of bacterial anthrax.

When the slaughter of all the animals that make up the holding, receptive to the disease and the disinfection of the premises, is carried out, a protection zone of three kilometers of radius will be established around the holding concerned, for at least 30 days, from the last known case of disease in the case of classical swine fever and two kilometres of radio, for at least 15 days in the case of foot-and-mouth disease, vesicular disease and contagious swine (Teschen's disease).

Animals receptive to the disease in question on holdings located in the protection zone shall not be allowed to leave the holdings more than for the sole purpose of the slaughterhouse, under official veterinary control.

3. In the case of fresh meat of ovine and caprine animals, the animals to be slaughtered shall come from a holding where no cases of ovine or caprine brucellosis have been found in the last six weeks.

4. They shall be obtained in slaughterhouses where no cases of foot-and-mouth disease, African swine fever, classical swine fever, swine vesicular disease or contagious swine fever (Teschen disease) have been found. In the event of occurrence of any of these diseases, the shipment of meat suspected of contamination shall be prohibited.

Art. 4. º

Fresh meat obtained from animals which do not comply with the provisions of Article 3 shall be fished, cut, transported and stored separately or at times other than fresh meat. intended for intra-Community trade.

Such meats will be marked in accordance with the provisions of Standard 9. of Royal Decree 1754/1986 of 28 June.

Art. 5. º

1. Fresh meat of animals of the porcine species coming from the territory of a Member State or parts thereof shall not be allowed to enter Spanish territory where African swine fever has been declared in the last 12 months.

Likewise, the dispatch of fresh meat of animals of the porcine species to other Member States of the EEC from the territory of Spain or parts thereof shall not be permitted where African swine fever has been declared in the the last twelve months.

2. Fresh meat of animals of the porcine species from a Member State of the EEC or parts thereof shall not be allowed to enter Spanish territory where African swine fever has been declared in those Member States until more than 12 months have elapsed. months without the presence of cases of this disease.

Likewise, the dispatch of fresh meat of animals of the porcine species to other Member States of the EEC from the territory of Spain or parts thereof shall not be permitted, where such meat has been declared swine fever. African, until more than twelve months without the presence of cases of this disease.

Art. 6. º

The introduction into Spain of fresh meat of animals of the porcine species may be authorised only if it meets the following requirements for classical swine fever:

1. Come from animals born and slaughtered in another Member State of the EEC officially free of classical swine fever.

2. Come from a Member State which has not authorised vaccination against classical swine fever for the last 12 months, has had no outbreaks of classical swine fever during that period and only admits the introduction into its territory of pigs for slaughter or for fattening of less than 25 kilograms. The latter shall be destined for fattening holdings, with exclusive exit to the slaughterhouse and provided that those animals have been kept on holdings officially free of classical swine fever.

3. Come from pigs not vaccinated against classical swine fever, reared on holdings officially free of this disease, located in a part of the territory of a Member State of the EEC consisting of one or more contiguous regions, recognised as free from classical swine fever and slaughtered in that part of the territory.

When the circumstances listed in paragraphs 2 and 3 are given, fresh meat shall come from a slaughterhouse in which pigs vaccinated against that disease have not been slaughtered in the last 12 months, or in positive cases, such a slaughter has been carried out at different times or places and such meat has been stored in separate chambers.

Art. 7. º

When carrying out an inspection on a batch of fresh meat from another Member State of the EEC, the Official Veterinary Services of Customs, dependent on the Ministry of Agriculture, Fisheries and Food, verify that the latter does not meet the conditions laid down in this Royal Decree, they shall notify the competent authorities of this fact in order to prohibit their importation or movement into the national territory. In this case, they shall allow the consignor, the consignee or his representative to re-issue to the country of origin the whole batch of fresh meat, provided that there are no animal health reasons preventing it.

When the health authorities of the country of dispatch, or, where appropriate, of the country of transit, do not authorize the reissue of that batch of fresh meat, the same shall be destroyed under the control of the Customs Office.

Art. 8. º

Where there is a danger of the introduction or spread of epizootic diseases as a result of the importation of fresh meat from another Member State of the EEC, the Ministry of Agriculture, Fisheries and Food may prohibit temporarily or restrict the entry of meat of the species or animal species concerned into the territory of Spain from the territory of the Member State where the disease has been declared.

When epizootic disease spreads or in the event of a new serious and contagious disease for animals, the Ministry of Agriculture, Fisheries and Food may temporarily prohibit or restrict the entry of fresh meat from the whole territory of the Member State concerned.

It will be for the Ministry of Agriculture, Fisheries and Food to communicate, through the Spanish permanent representation, to the other Member States of the EEC and to the Commission, immediately, the measures taken in application of this Article, indicating the reasons and also the lifting of such measures.

Art. 9. º

It shall be for the Ministry of Agriculture, Fisheries and Food to communicate to the other Member States of the EEC and to the Commission of the European Communities, as soon as possible, the appearance of epizootic diseases in the the Spanish territory which may be transmitted through fresh meat, the measures taken to combat them and also the disappearance of such meat.

CHAPTER III

Animal health provisions applicable to imports of fresh meat from third countries

Art. 10.

In addition to compliance with the health requirements laid down in Royal Decree 1728/1987, imports of fresh meat from third countries must comply with the conditions set out in this Regulation. chapter.

Fresh meat imposed from third countries shall come from animals which have remained in the territory of that country, at least for the three months preceding slaughter or since birth, in the case of animals. less than three months.

Only the importation of fresh meat from third countries shall be authorised:

Harmless from at least the last 12 months of the following diseases to which the animals from which the meat is derived are receptive: bovine pest, foot-and-mouth disease produced by exotic virus, African swine fever and contagious swine (Teschen's disease).

In which vaccination against the diseases listed in the previous paragraph has not been carried out, to which the animals from which the meat comes are receptive, for the last 12 months.

In application of the preceding paragraph, fresh meat may only come from third countries and from the animal species listed in the Annex to this Royal Decree.

Art. 11.

By the Ministry of Agriculture, Fisheries and Food, appropriate measures will be taken to establish the model of certification and animal health conditions for fresh meat from countries. third parties.

Art. 12.

For the importation of fresh meat from third countries, the official veterinary services of the Ministry of Agriculture, Fisheries and Food shall be submitted to the official veterinary services of the Ministry of Agriculture, Fisheries and Food. animal for the consignment of meat to be imported, issued by an official veterinarian of the exporting country.

This certificate must:

To be drafted, at least, in Spanish and in one of the official languages of the country of origin.

Accompany fresh meats with the original document.

A single-ring record.

Have a single recipient.

Art. 13.

Fresh meat imported from third countries must be subject to an animal health check, carried out by the official veterinarians of the customs offices of the Ministry of Agriculture, at no more than national territory. Fishing and Food, whatever the customs procedure under which they have been declared.

Art. 14.

The official veterinary services of Customs, which are dependent on the Ministry of Agriculture, Fisheries and Food, shall prohibit the importation of fresh meat if they are found in the health check provided for in the Article above which:

Such meat does not come from the territory of a third country, or from a part of it listed in the Annex to this Royal Decree, approved by the Ministry of Agriculture, Fisheries and Food.

The animal health certificate accompanying such fresh meat is not in accordance with the requirements laid down in Article 11 of this Royal Decree.

Art. 15.

The official veterinary services of Customs, which are dependent on the Ministry of Agriculture, Fisheries and Food, shall authorise the transfer of fresh meat from a third country to another third country, if:

(a) The person concerned provides evidence showing that the third country in question to which the fresh meat is intended, in transit through Community territory, undertakes not to refuse or to reissue in any case to that country. the meat to which the import or transit is authorised.

b) The transport is previously authorised by the competent Spanish authorities.

(c) Transport is carried out without load breaking, under the control of the competent authorities in sealed vehicles or containers. The only manipulations to be authorized during transport are those carried out at the point of entry into or out of the Spanish territory for direct transhipment to a vessel or aircraft or any other means of transport, or to the inverse.

The costs incurred in the application of this Article shall correspond to the consignor, the consignee or his agent, without compensation from the Spanish State.

Art. 16.

Each batch of meat coming from a third country must be subject to control of animal health before it is put into circulation in the geographical territory of the Community, carried out by the official veterinary services. dependent on the Ministry of Agriculture, Fisheries and Food.

For this purpose, importers must notify the official veterinary services of the Ministry of Agriculture, Fisheries and Food of the Customs Office for which they are responsible, within a period of at least two working days. is to carry out the import, specifying the quantity, nature of the meat, and the time when such control may take place.

Art. 17.

In the event of a contagious disease appearing in the animals of a third country, of those listed in the Annex to this Royal Decree, which may present a danger to the national animal husbandry, or if there are health reasons (a) the Ministry of Agriculture, Fisheries and Food shall prohibit the importation of fresh meat, either directly or indirectly through another Member State of the EEC or from the whole of the country or part of the Community. of the territory of this.

The Ministry of Agriculture, Fisheries and Food shall communicate the measures taken to the other Member States and the Commission, indicating the reasons. The lifting of such a measure shall be carried out in accordance with the same procedure.

FINAL PROVISIONS

First.

The Minister of Agriculture, Fisheries and Food is empowered to amend the list in the Annex where the health status of the animal husbandry of a third country so requires.

Second.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to January 26, 1990.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

CARLOS ROMERO HERRERA

ANNEX

List of third countries and animal species authorized for the shipment of fresh meat to Spain

Country

Chile

Paraguay

Switzerland

Species
Germany (RDA)	Bovine	Swine	Sheep/caprine	Domestic Solipeds
Argentina	-		Ovina/caprina	Domestic Solipeds
Australia	Bovine	Swine	ovine/caprine	Domestic Solipeds
Austria	Bovine	Swine	Sheep/caprine	Believes
	Bovine	-	-	Domestic Solipeds
Bostwana	Bovine	-	Ovina/caprina	Domestic Solipedos
Brazil	Bovine	-	Ovina/caprina		Bulgaria
Bovine
Porcina	Bulgaria		Ovina/caprina	Domestic Solipeds
Canada	Porcin	Porcin
Bovine
Chile	Chile	-	Ovina/caprina	Domestic Solipeds
	-		-
	-	Colombia	Bovine	-	-	Domestic Solipeds
Costa Rica	Bovine	-	-	Domestic Solipedos
Cuba	Bovine	-	-	Domestic Solipeds
Cyprus	Bovine	Swine	ovine/caprine	Domestic Solipeds
Czechoslovakia	Bovine	Swine	Ovine/caprine	The Savior
	The Savior	Bovine	-	Ovine/caprine	Domestic Solipeds
United States	Bovine	Swine	ovine/caprine	Domestic Solipeds
Finland	Bovine	Swine	Sheep/caprine	Greenland
	Bovine
-	-	-	Ovina/caprina	Solipeds domestic
Guatemala	Bovine	-
Honduras	Bovine	Honduras	-	-
	Bovine	Porcina	Hungary	Porcina	Ovina/caprina	Domestic Solipeds
Iceland	Porcin	Porcin
		-	Israel	-	-	-	Domestic Solipedos
Madagascar	Bovine	-	Ovina/caprina	Domestic Solipeds
Malta	Porcin		-	Home Solipedos
Mexico	Bovine	-	-
	-	-	-	-	Domestic Solipedos
New Zealand	Bovine	Ovina/caprina		Domestic Solipeds
Norway	Bovine	Swine	Ovine/caprine	Solipeds domestic
Nicaragua	-	-
Domestic Solipeds
Panama	Bovine	-	-	Paraguay
Paraguay
-		Ovina/caprina	Domestic Solipeds
Poland	Bovine	Swine	ovine/caprine	Domestic Solipeds
Romania	Bovine	Swine	Sheep/caprine	and Namibia
	Bovine	Bovine	Centro_table_body "> Porcina	Ovina/caprina	Swaziland
	Bovine	-	-	-	-	Domestic Solipedos
Sweden	Bovine	Porcin
	Bovine
Switzerland	Switzerland	Swine	Sheep/caprine	Domestic Solipeds
Turkey	-	-		Domestic Solipeds
	Uruguay	-		Ovina/caprina	Domestic Solipeds
USSR	Bovine	Swine	Sheep/caprine	Domestic Solipeds
Bovine	Swine	Swine	Sheep/caprine	Home Solipeds