21.2.80 Official Journal of the European Communiues No L 47/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 22 January 1980 amending Directive 72/461/EEC on animal health problems affecting intra-Community trade in fresh meat (80/213/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ('), Having regard to the opinion of the Economic and Social Committee (?), Whereas Directive 72/461/EEC (*), as last amended by Directive 78/54/EEC (*), lays down the health requirements which must be fulfilled by animals from which meat is obtained; Whereas although the meat obtained from animals not satisfying the health conditions must be excluded from intra-Community trade in fresh meat because of the risk of transmission of contagious or infectious animal diseases, it may be used for other purposes when it has undergone treatment for the destruction of the germs of those diseases; (") OJ No C 289, 19. 11. 1979, p. 42. (*) Opinion delivered on 24 and 25 October 1979 (not yet published in the Official Journal). (’) OJ No L 302, 31.12. 1972, p. 24. (Y OJ No L 16, 20. 1. 1978, p. 22. Whereas such meat should therefore be given a special mark indicating that it is excluded from intra- Community trade as fresh meat and guaranteejng its health qualities for other uses, for example for the preparation of certain categories of meat products, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 72/461/EEC is hereby amended as follows: 1. The following Article shall be inserted: ‘Article Sa Notwithstanding Article 5 (1), and in so far as it is not intended for intra-Community trade in fresh meat, the meat referred to in that Arucle may carry the mark defined in Annex I, Chapter IX of Directive 64/433/EEC, provided that the special mark referred to in the Annex to this Directive is immediately superimposed thereon. The provisions of Annex I, Chapter IX, point 39 of Directive 64/433/EEC shall apply mutatis mutandis to the keeping and use of marking instruments. Such meat must be obtdined, cut, transported and stored separately from, or not at the same time as, meat intended for intra-Community trade in fresh meat.’