1997D0010 — EN — 07.02.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of12December 1996
amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and
93/197/EECinrelationtothetemporaryadmissionandimportsintotheCommunityofregistered
horsesfromSouthAfrica
(TextwithEEArelevance)
(97/10/EC)
(OJ L 3, 7.1.1997, p. 9)
Amended by:
Official Journal
No page date
►M1Commission Decision 2001/622/EC of 27 July 2001 L 216 26 10.8.2001
►M2Commission Decision 2003/541/EC of 17 July 2003 L 185 41 24.7.2003
►M3Commission Decision 2004/117/EC of 19 January 2004 L 36 20 7.2.2004
▼B
COMMISSIONDECISION
of12December 1996
amending CouncilDecision 79/542/EEC andCommissionDecisions
92/160/EEC, 92/260/EEC and 93/197/EEC in relation to thetemporary admission and imports into the Community of regis-
teredhorsesfromSouthAfrica
(TextwithEEArelevance)
(97/10/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/426/EEC of 26 June 1990 on
animal health conditions governing the movement and imports from
third countries of equidae (1), as last amended by the Act of Accession
of Austria, Finland and Sweden, and in particular Articles 12 (2), 13(2), 14, 15, 16 and 19 (i) thereof,
Whereas South Africa is included in Part 1 of the Annex to Council
Decision 79/542/EEC (
2) establishing the list of third countries from
which Member States authorize imports of bovine animals, swine,
equidae, sheep and goats, fresh meat and meat products, as last
amended by Commission Decision 95/624/EC (3); whereas, however,
the importation of equidae from South Africa is currently suspended;
Whereas Commission Decision 92/160/EEC (4), as last amended by
Decision 95/536/EC (5), established the regionalization of certain third
countries for imports of equidae;
Whereas Commission Decision 92/260/EEC (6), as last amended by
Decision 92/279/EEC (7), established the animal health conditions and
veterinary certification for temporary admission of registered horses;
Whereas Commission Decision 93/197/EEC (8), as last amended by
Decision 96/279/EC, established the animal health conditions andveterinary certification for imports of registered equidae and equidae
for breeding and production;
Whereas following a Commission veterinary inspection mission to
South Africa the animal health situation appears to be under the satis-factory control of well structured and organized veterinary services;
Whereas African horse sickness is endemic in certain parts of South
Africa; whereas, however, the Cape Peninsula has been free of African
horse sickness for more than five years, and systematic vaccination
against African horse sickness has not been carried out during the last12 months;
Whereas an initial sero-epidemiological monitoring for African horse
sickness was carried out withsatisfactory results on all h orses and on
a representative sample of other equidae in the proposed African horse
sickness free area and on random samples of horses in the proposedsurveillance and protection zone in the Western Cape Province toestablish the serological status of the resident equidae population inrelation to antibodies against African horse sickness and equine ence-phalosis virus;
Whereas dourine is endemic in certain parts of South Africa; whereas,
however, the Western Cape Province has been free of dourine for morethan six months; whereas South Africa is officially free of glanders,1997D0010 — EN — 07.02.2004 — 003.001 — 2
(1) OJ No L 224, 18. 8. 1990, p. 42.
(2) OJ No L 146, 14. 6. 1979, p. 15.
(3) OJ No L 279, 31. 10. 1996, p. 33.
(4) OJ No L 71, 18. 3. 1992, p. 27.
(5) OJ No L 304, 16. 12. 1995, p. 49.
(6) OJ No L 130, 15. 5. 1992, p. 67.
(7) OJ No L 107, 30. 4. 1996, p. 1.
(8) OJ No L 86, 6. 4. 1993, p. 16.
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equine encephalomyelitis of all types, equine infectious anaemia and
vesicular stomatitis for more than six months;
Whereas the veterinary authorities of South Africa have guaranteed to
notify within 24 hours by telefax, telegram or telex to the Commissionand the Member States the confirmation of any infectious or contagiousdisease in equidae mentioned in Annex A to Council Directive 90/426/EEC and any change in the vaccination policy, and within an appro-
priate time, in the import policy in respect of equidae;
Whereas the veterinary authorities of South Africa have provided
certain guarantees in respect of registered horses intended fortemporary admission or permanent imports into the Community;
Whereas the animal health conditions must be adopted in accordance
with the animal health situation of the third country concerned;whereas due to necessary requirements in relation to movement controland quarantine within South Africa the present case relates only to the
temporary admission and imports of registered horses;
Whereas Decisions 79/542/EEC, 92/160/EEC, 92/260/EEC and 93/197/
EEC must be amended accordingly;
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
The regionalization of South Africa in respect of the temporary admis-
sion and imports into the Community of registered horses shall applyunder the condition that the additional guarantees in Annex I arefulfilled.
Article 2
In Part 1 of the Annex to Decision 79/542/EEC in the column ‘live
animals’ under ‘Special Remarks’ the footnote ‘(
6)’ relating to South
Africa is replaced by ‘(5)’.
Article 3
The Annex to Decision 92/160/EEC is amended as follows:1. the following words are added:
‘South Africa (
3)
the metropolitan area of Cape Town delineated as follows:
northboundary: Blaauwberg Road (M14)
east boundary: Koeberg Road (M14), Plaatekloof Road (M14), Highway
N7, Highway N1 and Highway M5
southboundary: Ottery Road, Prince George's Drive, Wetton Road, River-
stone Road, Tennant Road, Newlands Drive, Paradise
Road, Union Drive up to Newlands Forestry Station and
across Echo Gorge of Table Mountain to Camps Bay
west boundary: Coast line from Camps Bay to Blaauwberg Road’
2. the corresponding footnote is added:
‘(3) Only temporary admission and permanent imports into the
Community of registered horses are authorized.’
Article 4
Decision 92/260/EEC is amended as follows:
1. the following words are added to Annex I:
‘Group F
SouthAfrica (1)’;1997D0010 — EN — 07.02.2004 — 003.001 — 3
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2. in Annex II the following is added:
(a) ‘F. Healthcertificate for temporary admission of registered
horses from third countries assigned to group F.’;
(b) Annex II to this Decision.
Article 5
Decision 93/197/EEC is amended as follows:1. the following words are added to Annex I:
‘Group F
SouthAfrica (
1)’;
2. in Annex II the following is added:
(a) ‘F. Healthcertificate for imports of registered equidae and
equidae for breeding and production form third countries
assigned to Group F.’;
(b) Annex III to this Decision.
Article 6
This Decision is addressed to the Member States.1997D0010 — EN — 07.02.2004 — 003.001 — 4
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ANNEX I
AdditionalguaranteeswhichapplytotheregionalizationofSouthAfricain
respectofthetemporaryadmissionandimportsintotheEuropeanCommu-
nityofregistered horses
1. The following diseases are compulsorily notifiable in South Africa:
African horse sickness (AHS), glanders, dourine, equine encephalomye-
litis of all types including Venezuelan equine encephalomyelitis, equine
infectious anaemia, vesicular stomatitis, anthrax and rabies.
The whole of the Western Cape Province is declared an ‘African horse
sickness control area’ in accordance with the provisions of the Animal
Disease Act. In respect of the regionalization for African horse sickness
the territory of the Western Cape Province is divided into the African
horse sickness free area, the surveillance zone and the protection zone.
Within the Western Cape Province, African horse sickness is a
‘controlled disease’ in accordance with the provisions of the Animal
Disease Act.
2. Regionalisation:
2.1. African horse sickness free area:
The metropolitan area of Cape Town is an African horse sickness free
area and delineated as follows:
— Northern boundary: Blaauwberg Road (M14);
— Eastern boundary: Koeberg Road (M14), Plattekloof Road
(M14), N7 Highway, N1 Highway and M5
Highway;
— Southern boundary: Ottery Road, Prince George's Drive, Wetton
Road, Riverstone Road, Tennant Road,
Newlands Drive, Paradise Road, Union Drive,
Rhodes Drive up to the Newslands Forestry
station and across Echo Gorge of Table
Mountain to Camps Bay;
— Western boundary: Coastline from Camps Bay to Blaauwberg
Road.
2.2. African horse sickness surveillance zone:
The African horse sickness free area is surrounded by a surveillance
zone of at least 50 km width which includes the magisterial districts
of Cape Town, Vredenburg, Hopefield, Mooreesburg, Malmesbury,
Wellington, Paarl, Stellenbosch, Kuilsrivier, Goodwood, Wynberg,
Simonstown, Somerset West, Mitchells Plain and Strand and is defined
by the Berg Rivier to the north, the Hottentots Holland Mountains to
the east and the coast to the south and west.
2.3. African horse sickness protection zone:
The surveillance zone is surrounded by a protection zone of at least
100 km width which includes the magisterial districts of Clanwilliam,
Piketberg, Ceres, Tulbagh, Worcester, Caledon, Hermanus, Bredasdorp,
Robertson, Montagu, Swellendam.
2.4. African horse sickness infected zone:
The part of the territory of the Republic of South Africa outside the
Western Cape Province and the part of the Western Cape Province
outside the free area and the protection and surveillance zone and
including the magisterial districts of Vanrynsdorp, Vredendal, Laings-
burg, Ladismith, Heidelberg, Riversdale, Mossel Bay, Calitzdorp,
Oudtshoorn, George, Knysna, Uniondale, Prince Albert, Beaufort West
and Murraysburg.
3. Vaccination:
3.1. No systematic vaccination against African horse sickness is allowed
within the free area and the surveillance zone.
However, by way of derogation the Director of Animal Health of the
Ministry of Agriculture of SouthAfrica may grant permission for vacci-1997D0010 — EN — 07.02.2004 — 003.001 — 5
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nation using a registered polyvalent AHS vaccine as prescribed by the
vaccine manufacturer and carried out exclusively by a veterinarian or
an authorised Animal Health Technician in the official employ of the
Government, of those horses scheduled to leave the free area or the
surveillance zone beyond the perimeters of the surveillance zone under
the provision, that these horses may not leave the holding until depar-
ture for a destination outside the free area and the surveillance zone and
the vaccination must be entered in the passport.
3.2.►M1Where vaccination of registered horses against AHS is carried
out in areas outside the free area and surveillance zone it must be
carried out by a veterinarian or an authorised Animal Health Technician
in the official employ of the Government using a registered polyvalent
AHS vaccine as prescribed by the vaccine manufacturer and the vacci-
nation must be entered in the passport. ◄
4. Registration of holdings and identification of equidae:
4.1. Within the free area all holdings (holdings in the meaning of Article 2
(a) of Directive 90/426/EEC) are identified, registered and supervised
by the State veterinarian of the area.
4.2. All equidae resident in the free area are identified and records are kept
which include information on movement and the health and vaccination
history of the animal.
5. Movement control
5.1. Any movement of equidae from the infected zone into the protection
zone, into the surveillance zone and into the free area and any move-
ment of equidae from the protection zone into the surveillance zone
and into the free area and any movement of equidae from the surveil-
lance zone into the free area is prohibited.
5.2. However, in derogation to the prohibitions laid down in paragraph 5.1,
equidae other than registered horses can be admitted from the infected
zone into the protection zone, the surveillance zone and the free area,
and from the protection zone into the surveillance zone and the free
area, and from the surveillance zone into the free area exclusively under
the conditions of Article 5 (3) of Directive 90/426/EC.
5.2.1. The months June, July and August are the vector insect safe period as
required in Article 5 (3) (a) of Directive 90/426/EEC.
5.2.2. The equidae are released from quarantine suitably identified.
5.2.3. In addition to the provisions in paragraph 5.2, equidae for slaughter
shall not enter the free area and shall enter the surveillance zone under
official veterinary supervision only for immediate slaughter at desig-
nated slaughterhouses.
5.3. However, in derogation to the provisions in paragraph 5.1, movement
of registered horses from the infected zone into the protection zone
can be allowed under the following conditions:
5.3.1. The horse must be identified by a passport and particulars on vaccina-
tion must be entered in the passport.
5.3.2. The movement of the horse must be pre-notified by the issuing official
veterinarian to the responsible official veterinarian in the district of
destination.
5.3.3. The horse must be accompanied by a certificate which is part of the
passport and issued by an official veterinarian (official veterinarian in
the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises
of origin.
5.3.4. The certificate must state that the horse:
— was clinically examined within 48 hours of dispatch and showed no
clinical signs of disease,
— has not been in contact during the past 15 days (as far as can be
ascertained) withoth er equidae suffering from an infectious or
contagious disease,
— does not originate from an area where veterinary restrictions
pertaining to diseases communicable to equidae are in force and
does not come from a holding under veterinary restrictions,
— does not come from a holding where there has been a case of
African horse sickness during the past 60 days,
— was vaccinated against African horse sickness by a veterinarian
using a registered polyvalent African horse sickness vaccine as1997D0010 — EN — 07.02.2004 — 003.001 — 6
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prescribed by the vaccine manufacturer at least 60 days, and not
more than 24 months, prior to entering the protection zone.
5.4. However, in derogation to the provisions in paragraph 5.1, movement
of registered horses from the infected zone or the protection zone into
the surveillance zone can be allowed under the following conditions:
5.4.1. The horse must be identified by a passport and particulars on vaccina-
tion must be entered in the passport.
5.4.2. The movement of the horse must be pre-notified by the issuing official
veterinarian to the responsible official veterinarian in the district of
destination.
5.4.3. The horse must be accompanied by a certificate which is part of the
passport and issued by an official veterinarian (official veterinarian in
the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises
of origin.
5.4.4. The certificate must state that the horse:
— was clinically examined within 48 hours of dispatch and showed no
clinical signs of disease,
— has not been in contact during the past 15 days (as far as can be
ascertained) withoth er equidae suffering from an infectious or
contagious disease,
— does not originate from an area where veterinary restrictions
pertaining to diseases communicable to equidae are in force and
does not come from a holding under veterinary restrictions,
— does not come from a holding where there has been a case of
African horse sickness during the past 60 days,
— was vaccinated against African horse sickness by a veterinarian
using a registered polyvalent African horse sickness vaccine as
prescribed by the vaccine manufacturer at least 60 days, and not
more than 24 months, prior to entering the surveillance zone.
5.5. However, in derogation to the provisions in paragraph 5.1, movement
of registered horses into the free area can be allowed under thefollowing conditions:
5.5.1. Registered horses can be moved from the infected zone or the protec-
tion zone or the surveillance zone into the free area under the following
conditions:
5.5.1.1. The horse must be identified by a passport and particulars on vaccina-
tion must be entered in the passport.
5.5.1.2. The movement of the horse must be pre-notified by the issuing official
veterinarian to the responsible official veterinarian in the district of
destination.
5.5.1.3. The horse must be accompanied by a certificate which is part of the
passport and issued by an official veterinarian (official veterinarian in
the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises
of origin.
5.5.1.4. The certificate must state that the horse:
— was clinically examined within 48 hours of dispatch and showed no
clinical signs of disease, and
— has not been in contact during the past 15 days (as far as can be
ascertained) withoth er equidae suffering from an infectious or
contagious disease, and
— does not originate from an area where veterinary restrictions
pertaining to diseases communicable to equidae are in force and
does not come from a holding under veterinary restrictions, and
— does not come from a holding where there has been a case of
African horse sickness during the past 60 days, and
— if the horse originates from an area outside the surveillance zone, it
was
(i) either vaccinated against African horse sickness by a veteri-
narian using a registered polyvalent African horse sickness
vaccine as prescribed by the vaccine manufacturer at least 60
days, and not more than 24 months, prior to entering the free
area, or
(ii) the horse was imported from the territory of a country or the
part of the territory regionalised in accordance with Article
13(2) of Directive 90/426/EEC, considered in accordance with
Community legislation as not infected withAfrican h orse sick-1997D0010 — EN — 07.02.2004 — 003.001 — 7
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ness and was airfreighted under vector-protected conditions
from the airport in Johannesburg to the African horse sickness
free area.
5.5.1.5. By way of derogation from the provisions in point 5.5.1.4, fifth indent,
the competent authorities may in exceptional cases, as defined in
national or local legislation of the exporting country, specifically
authorise the transport of a registered horse from the infected, protec-
tion or surveillance zone into the free area under the following
conditions:
— the horse is transported directly to the quarantine station approved
for that purpose in the free area,
— the transport is carried out under vector-protected conditions taking
into account risk-mitigating factors suchas th e vector-free season or
daytime, application of repellents, coverage of the animal and
forced ventilation on the means of transport,
— the horse is isolated in the vector-protected quarantine station for at
least 40 days,
— during the isolation period the horse is subjected to tests for African
horse sickness carried out in accordance with Annex D to Directive
90/426/EEC on two occasions, carried out on samples of bloodtaken withan interval of between 21 and 30 days, th e second of
which was taken within 10 days of release from the quarantine
station, either with negative result, if the horse was not vaccinated
or without increase in antibody level if the horse was vaccinated
previously.
5.5.2. However, in derogation to the provisions in paragraph 5.5.1, the compe-
tent veterinary authorities may licence the temporary admission into the
free area of a registered horse from a designated holding in the surveil-
lance zone under the following conditions:
5.5.2.1. The horse is accompanied by a passport. Particulars on vaccination
must be entered in the passport.
5.5.2.2. The horse is marked in such a way as to ensure a simple identity check
and thereby give a correlation between the animal and the passport.
5.5.2.3. The passport contains the license. The license is to be withdrawn in the
case the conditions under which the license was issued are not longer
fulfilled.
5.5.2.4. The horse does not return from an area where veterinary restrictions
pertaining to diseases communicable to equidae are in force and does
not come from a holding under veterinary restrictions.
5.5.2.5. The designated holding in the surveillance zone is included in a moni-
toring programme equivalent to that carried out in the free area.
5.5.2.6. The horse is only admitted from two hours after sunrise until two hours
prior to sunset on the same day.
5.5.2.7. The horse is kept separate from equidae not of equal health status.5.5.3. However, in derogation to the provisions in paragraph 5.5.1, the compe-
tent veterinary authorities may licence the re-entry of a registered horse
into a holding in the free area returning after temporary movement to
designated holdings in the surveillance zone under the following provi-
sions:
5.5.3.1. The horse is accompanied by a passport. Particulars on vaccination
must be entered in the passport.
5.5.3.2. The passport contains the licence. The license is to be withdrawn in the
case the conditions under which the licence was issued are not longer
fulfilled.
5.5.3.3. The horse does not return from an area where veterinary restrictions
pertaining to diseases communicable to equidae are in force and does
not come from a holding under veterinary restrictions.
5.5.3.4. The designated holding in the surveillance zone is included in a moni-
toring programme equivalent to that carried out in the free area.
5.5.3.5. The horse is only allowed to move from the free area into the surveil-
lance zone and back to the free area from two hours after sunrise until
two hours prior to sunset on the same day.
5.5.3.6. The horse is kept separate from equidae not of equal health status.6. Monitoring1997D0010 — EN — 07.02.2004 — 003.001 — 8
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6.1. Ongoing monitoring is carried out within the free area and the
surrounding surveillance zone.
6.2. A monthly sero-epidemiological monitoring for African horse sickness
is carried out on at least 60 identified unvaccinated sentinel horses
spread over the whole free area and surveillance zone in order to
confirm the absence of African horse sickness in the free area and the
surveillance zone. Test results are communicated to the Commission
monthly.
6.3. All cases of equine mortality within the free area suspected to be due to
an infectious disease and any mortality of an identified sentinel horse,
are examined by means of official necropsies and the results confirmed
by acceptable diagnostic procedures and communicated to the Commis-
sion.
7. Residence requirements
7.1. Registered horses intended for permanent imports into the European
Union must have been resident in the country of dispatch for at least
90 days, or since birth, if they are less than 90 days old, or since entry,
if they are imported directly from the European Union during the 90
days prior to certification for export to the European Union and they
must have remained in the free area for at least 60 days or since birth,
if they are less than 60 days old, or since entry, if they are imported
directly into the free area from the European Union during the 60 days
prior to certification for export to the European Union.
7.2. Registered horses intended for temporary admission into the European
Community must be resident during the past 60 days immediately
preceding export to the European Community on holdings under veter-
inary supervision:
— in the free area,
or
— in a Member State of the European Community, if they are
imported into the free area of South Africa directly from a Member
State of the European Community,
or
— on the territory or part of territory of a third country approved by
the European Community for temporary admission or permanent
imports of registered horses in accordance with Directive 90/426/
EEC if they were imported into the free area of South Africa
directly and under conditions at least as strict as the conditions laid
down for the temporary admission or permanent imports of regis-
tered horses from the third country concerned directly into the
Member States of the European Community.
8. Quarantine requirements
8.1. Registered horses intended for imports or temporary admission into the
Community must have undergone a 40 day pre-export isolation within
an officially approved vector-protected quarantine station. This period
is mandatory part of the required residence period in the free area.
8.2. During the isolation period the horse must be confined to the vector-
protected stables at least from two hours prior to sunset until two hours
after sunrise the next day. If exercise is required, than it must be done
within the delineated perimeters of the quarantine premises under offi-
cial veterinary supervision, following the application of effective insect
repellents prior to the removal from the stables, and in strict isolation
from equidae not being prepared for export under conditions at least
as strict as required for temporary admission and imports into the
European Community.
8.3. So far only the quarantine station at Montagu Gardens and the Kenil-
worth Racecourse have been identified for the establishment of such
quarantine facilities in the metropolitan Cape Town free area. The
veterinary authorities have undertaken to notify to the Commission
and the Member States the approval of additional quarantine stations.
9. Test requirements
9.1. During the isolation period the animal health tests for African horse
sickness, dourine, equine encephalosis and any other disease as required
in the appropriate animal health certificates are carried out with the
results specified in the certificate.1997D0010 — EN — 07.02.2004 — 003.001 — 9
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9.2. All health tests are to be carried out in an accredited laboratory.
10. The animal health certificate is issued and signed by the official veter-
inarian of the quarantine station.
11. If registered horses are transported by air, the transport of the horses
from the quarantine station into the aircraft is performed under vector-
protected conditions and these conditions are maintained throughout the
journey.
12. If registered horses are transported by sea, then the following conditions
shall apply:
Vessels transporting registered horses from the port of Cape Town to a
port in the European Union approved in accordance with Council
Directive 91/496/EEC as a border inspection post for veterinary checks
on registered horses, shall at no time between departure and arrival at
destination call into a port situated on the territory or part of the terri-
tory of a third country not approved for imports into the European
Union of equidae. The master of the vessel shall provide proof of
compliance with these conditions by completing the declaration
included in Annex IV.1997D0010 — EN — 07.02.2004 — 003.001 — 10
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ANNEX II
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ANNEX III
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ANNEX IV
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