COMMISSION DECISION of 13 July 1993 concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Austria
(93/432/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 1601/92 (2), and in particular Articles 7, 8 and 11 thereof,
Whereas animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Austria were drawn up by Commission Decision 91/190/EEC (3), as last amended by Decision 92/375/EEC (4);
Whereas Member States import domestic animals of the bovine and porcine species in accordance with the provisions of Council Directive 91/496/EEC (5), as last amended by Decision 92/438/EEC (6), which laid down the principles governing the organization of veterinary checks on animals entering the Community from third countries;
Whereas the geographical proximity of Austria to the Community has implications for trade in live animals;
Whereas following Community veterinary missions it appears that the animal health situation in Austria is monitored by veterinary services which can offer satisfactory guarantees concerning diseases which might be transmitted through the importation of domestic animals of the bovine or porcine species;
Whereas the responsible veterinary authorities of Austria have confirmed that Austria has, during the last 24 months, been free from foot-and-mouth disease and has, during the last 12 months, been free from rinderpest, contagious bovine pleuro-pneumonia, vesicular stomatititis, bluetongue, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of those diseases or classical swine fever during the past 12 months;
Whereas the information received from the Austrian veterinary authorities in respect of freedom from classical swine fever relates only to the following regions; Vorarlberg, Tyrol, Upper Austria, Carinthia and Burgenland;
Whereas the responsible veterinary authorities of Austria have undertaken to notify the Commission and the Member States, by telex or telefax, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any proposed changes in the Austrian import rules concerning bovine animals or swine or the semen or embryos thereof;
Whereas bovine tuberculosis and brucellosis have been eradicated from Austria; whereas vaccination against bovine brucellosis is not permitted; whereas the measures taken by the responsible authorities of Austria to prevent a recrudescence of these diseases are sufficient to equate the status of Austrian herds, other than those under official restriction, with that of herds in the Community having the status of officially tuberculosis free or officially brucellosis free;
Whereas the responsible veterinary authorities of Austria have, since 1982, operated a compulsory national programme for the eradication of enzootic bovine leukosis; whereas the incidence of the disease has been reduced to a level which would qualify Austria as a whole to be classified as 'enzootic bovine leukosis free' if it were a Member State; whereas the programme is capable of achieving its objective of total eradication of the disease in the near future; whereas the responsible veterinary authorities of Austria have undertaken to inform the Commission and the Member States without delay of any material change in the situation in respect of the disease;
Whereas the responsible veterinary authorities of Austria have undertaken to supervise officially the issue of certificates arising from this Decision and to ensure that all relevant certificates, declarations and statements on which export certification may have been based remain an official file for at least 12 months following the dispatch of the animals to which they refer;
Whereas the responsible veterinary authorities of Austria have undertaken not to permit the issue of the certificates set out in this Decision in respect of animals which have been imported into Austria unless such animals were imported in accordance with veterinary conditions at least as strict as the relevant requirement of Directive 72/462/EEC, including any relevant subsidiary decisions;
Whereas it is necessary to take into account the information concerning the animal health situation in Austria and the subsequent developments in animal health conditions and veterinary certificates required for the bovine and porcine species from EFTA countries; whereas it is therefore appropriate to lay down the relevant new animal health conditions and certificates and to revoke Decision 91/190/EEC;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Without prejudice to paragraphs 2 and 4, Member States shall authorize the importation from Austria of the following animals:
(a) domestic animals of the bovine species for breeding or production which meet the requirements set out in the health certificate in Annex A and which are accompanied by such a certificate;
(b) domestic animals of the bovine species for slaughter which meet the requirements set out in the health certificate in Annex B and which are accompanied by such a certificate;
(c) domestic animals of the porcine species for breeding or production, from the regions Vorarlberg, Tyrol, Upper Austria, Carinthia and Burgenland, which meet the requirements set out in the health certificate in Annex C and which are accompanied by such a certificate;
(d) domestic animals of the porcine species for slaughter, from the regions Vorarlberg, Tyrol, Upper Austria, Carinthia and Burgenland, which meet the requirements set out in the health certificate in Annex D and which are accompanied by such a certificate.
2. Member States shall authorize the importation from Austria of the domestic animals of the bovine or porcine species indicated in paragraph 1 which have been imported into Austria only if such animals were imported from the Community or from a third country included in the list annexed to Council Decision 79/542/EEC (7) in so far as it covers domestic animals of these species and only if the importation was made in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Directive 72/462/EEC, including any relevant subsidiary decisions.
3. Member States shall require that animals which are submitted to tests in application of this Decision are continuously isolated under conditions approved by an official veterinarian of Austria from all cloven-hoofed animals not intended for export to the Community or not of equivalent health status to such animals from the time of the first of such tests to the time of loading.
4. Member States shall permit the entry onto their territory from Austria of bovine animals if such animals:
(a) come from herds declared by the veterinary authorities of Austria to be free from enzootic bovine leukosis and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis carried out according to the protocol in Annex I to Commission Decision 91/189/EEC (8),
or
(b) are intended for meat production, are not more than 30 months of age, and are permanently marked as described in Annex E,
or
(c) are consigned directly to a slaughterhouse and are slaughtered within five working days of their arrival there.
In the case of the animals referred to at (b) and (c), Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them until slaughter and shall take all measures to prevent contamination of indigenous herds.
5. Member States shall not authorize the importation of domestic animals of the bovine or porcine species other than as indicated in this Article.
Article 2
Pending the entry into force of any measures adopted by the Community for the eradication, prevention or control of a contagious or infectious bovine or porcine disease other than rabies, tuberculosis, brucellosis, foot-and-mouth disease, anthrax, rinderpest, contagious bovine pleuro-pneumonia, enzootic bovine leukosis, porcine enteroviral encephalomyelitis (Teschen disease), classical swine fever, African swine fever or swine vesicular disease, Member States may apply in respect of animals imported from Austria such additional health conditions as they apply to other animals within the framework of a national programme, submitted to and apaproved by the Commission, for the eradication, prevention or control of such disease.
As a temporary measure until 31 December 1993, Member States may apply the first paragraph in respect of national programmes which have been submitted to but not yet approved by the Commission but in that case they must, without delay, provide the Commission and the other Member States with details of the relevant health conditions.
Article 3
1. Member States shall make the introduction onto their territory of bovine and porcine animals from Austria subject to a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease.
2. Member States shall make the introduction onto their territory of pigs from Austria subject to a guarantee that they have not been vaccinated against classical swine fever and, in the case of pigs intended for breeding or production, a guarantee that they have shown a negative result to a test for the antibody produced by the virus of classical swine fever.
Article 4
Decision 91/190/EEC is hereby revoked.
Article 5
This Decision shall apply as from the 30th day following its notification to the Member States.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 13 July 1993.