1992L0035 — EN — 05.06.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE92/35/EEC
of29April1992
layingdowncontrolrulesandmeasurestocombatAfricanhorsesickness
(OJ L 157, 10.6.1992, p. 19)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE92/35/EEC
of29April1992
laying down control rules and measures to combat African horse
sickness
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community 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 Council Directive 90/426/EEC of 26 June 1990 on animal
health conditions governing the movement and import from third coun-tries of equidae (
4) seeks to liberalize the movement of equidae on
Community territory; whereas, under Article 5 (4) thereof, Communitymeasures must be introduced to harmonize rules for controlling andmeasures to combat African horse sickness;
Whereas such measures will make it possible to ensure rational devel-
opment of the farming sector and contribute to the protection of animalhealth in the Community;
Whereas an outbreak of this disease can quickly assume epizootic
proportions, causing mortality and disturbance which may severely
reduce the profitability of livestock production;
Whereas control measures must be taken as soon as the presence of the
disease is suspected and whereas immediate and effective action mustbe implemented as soon as it is confirmed in order to guarantee animalhealth protection in the Community;
Whereas the measures to be taken must aim at preventing the spread of
African horse sickness; whereas the movement of animals liable totransmit the infection must be strictly controlled and insects must beeradicated from infected holdings;
Whereas the conditions under which vaccination against African horse
sickness may be carried out and the rules governing such vaccination
must be specified;
Whereas, in order to ensure more effective control of the disease,
action should be taken to establish protection and surveillance zones,taking into account geographical, administrative, ecological and
epizootiological factors;
Whereas a thorough epizootiological inquiry is essential in order to
prevent any spread of the disease;
Whereas Article 3 of Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (
5) applies in the event of the occur-
rence of African horse sickness,1992L0035 — EN — 05.06.2003 — 002.001 — 2
(1) OJ No C 312, 3. 12. 1991, p. 12.
(2) Opinion delivered on 10 April 1992 (not yet published in the Official
Journal).
(3) Opinion delivered on 29 April 1992 (not yet published in the Official
Journal).
(4) OJ No L 224, 18. 8. 1990, p 42. Directive as last amended by Decision 92/
130/EEC (OJ No L 47, 22. 2. 1992, p. 26).
(5) OJ No L 224, 18. 8. 1990, p. 19. Decision as last amended by Regulation
(EEC) No 3763/91 (OJ No L 356, 24. 12. 1991, p. 1.).
▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive lays down control rules and measures to combat African
horse sickness.
Article 2
For the purposes of this Directive, the definitions given in Article 2 of
Directive 90/426/EEC shall apply as and where necessary.
However, holdingmeans holding within the meaning of Directive 90/
426/EEC and nature reserves in which equidae live in freedom.
Furthermore:
(a)owner or keeper means any natural or legal person(s) having
ownership of the equidae or charged with their keep, whether ornot for finanical reward;
(b)vectormeans an insect of the imicola Culicoides species or any
other Culicoides insect liable to transmit African horse sickness,identifiable under the procedure provided for in Article 19,following the opinion of the Scientific Veterinary Committee;
(c)confirmation means the declaration, by the competent authority, of
the presence of African horse sickness, based on laboratory results;however, in the event of an epidemic the competent authority may
also confirm the disease on the basis of clinical and/or epidemiolo-
gical results;
(d)competent authority means the central authority of a Member State
responsible for carrying out veterinary checks or any veterinaryauthority to which it has delegated that responsibility;
(e)official veterinarian means the veterinarian appointed by the
competent authority.
Article 3
Member States shall ensure that the occurrence or suspicion of African
horse sickness is subject to compulsory and immediate notification to
the competent authority.
Article 4
1. Where a holding contains one or more equidae suspected of being
infected with African horse sickness, Member States shall ensure that
the official veterinarian immediately sets in motion official means of
investigation to confirm or rule out the presence of the said sickness.
2. From the moment when the suspected infection is notified, the
official veterinarian shall:
(a) have the suspect holding(s) placed under official surveillance;
(b) initiate:
(i) an official census of the species of equidae, stating in the case
of eachspecies th e number of equidae already dead, infectedor liable to be infected, and the updating of that census to
take account of equidae born or dying during the period of
suspicion; the information in the census must be produced onrequest and may be checked at each inspection;
(ii) a census of places likely to facilitate the survival of the vector
or to accommodate it and the use of appropriate means oferadicating insects in suchplaces;
(iii) an epizootiological inquiry in accordance withArticle 7;
(c) regularly visit the holding(s), when he shall:
(i) examine eachequid kept th ere;
(ii) carry out a detailed clinical examination or an autopsy on the
suspect or dead animals and take the samples necessary forlaboratory examinations;1992L0035 — EN — 05.06.2003 — 002.001 — 3
▼B
(d) ensure that:
(i) all equidae on the holding(s) are kept in their living quarters or
in other places protected against the vector;
(ii) all movement of equidae to or from the holding(s) is prohib-
ited;
(iii) appropriate means of eradicating insects are employed in and
around the buildings housing the equidae;
(iv) the carcases of equidae which have died on the holding are
destroyed, disposed of, burnt or buried in accordance withCouncil Directive 90/667/EEC of 27 November 1990 layingdown the veterinary rules for the disposal and processing of
animal waste, for its placing on the market and for the preven-
tion of pathogens in feedstuffs of animal or fish origin andamending Directive 90/425/EEC (
1).
3. Pending the introduction of the official measures referred to in
paragraph 2, the owner or keeper of any animals suspected of havingthe disease shall take all the necessary precautionary action to ensurecompliance withparagraph2 (d).
4. The competent authority may apply any of the measures provided
for in paragraph 2 to other holdings should their location, their geogra-
phical situation or contacts with the holding where the disease is
suspected give reason to suspect possible contamination.
5. Apart from the provisions of paragraph 2, specific provisions may
be laid down in accordance withth e procedure referred to in Article 19for nature reserves in which equidae live in freedom.
6. The measures covered by this Article shall be officially discon-
tinued only when the competent authority no longer suspects thepresence of African horse sickness.
Article 5
Vaccination against African horse sickness may be practised solely in
accordance with the provisions laid down in this Directive.
Article 6
1. Where the presence of African horse sickness is officially
confirmed, the official veterinarian:
(a) shall proceed immediately with the killing under official control of
any equidae on the infected holding which are infected with orpresent clinical symptoms of African horse sickness;
(b) shall arrange for the destruction, disposal, burning or burial of the
carcases of the aforesaid equidae in accordance with Directive 90/
667/EEC and/or;
(c) shall extend the measures laid down in Article 4 to holdings situ-
ated within a 20 km radius (included in the protection zone) aroundthe infected holding(s);
(d) shall proceed, in the zone laid down in (c), with the systematic
vaccination of all equidae using a vaccine authorized by the
competent authority, and shall identify them by a clear, indeliblemark applied by an approved method in accordance with the proce-dure laid down in Article 19. However, on the basis of theepizootiological, meteorological, geographical or climatological
circumstances, the vaccination requirements may be waived by the
competent authority. The competent authority shall inform theCommission thereof;
(e) carry out an epizootiological enquiry in accordance withArticle 7.
2. The competent authority may extend the measures provided for in
paragraph 1 beyond the zone referred to in point (c) thereof if, onaccount of the geographical, ecological or meteorological situation or1992L0035 — EN — 05.06.2003 — 002.001 — 4
(1) OJ No L 363, 27. 12. 1990, p. 51.
▼B
of movements to or from the holding where the disease has been
confirmed, there are grounds for suspecting an extension of Africanhorse sickness. It shall inform the Commission accordingly.
3. Where the zone referred to in paragraph 1 is situated in the terri-
tory of more than one Member State the competent authorities of the
Member States concerned shall collaborate in defining this zone. Ifnecessary, the latter shall be defined under the procedure laid down inArticle 19.
Article 7
1. The epizootiological inquiry shall cover:
— the length of time during which African horse sickness may have
existed on the holding,
— the possible origin of the African horse sickness on the holding and
the identification of other holdings on which there are equidae
which may have become infected or contaminated from the same
source,
— the presence and distribution of disease vectors,
— the movement of equidae to or from the holdings concerned or any
carcases of equidae removed from them.
2. In order to provide full coordination of all measures necessary to
ensure eradication of African horse sickness as quickly as possible and
for the purpose of carrying out the epizootiological inquiry, a crisis unitshall be established.
The general rules concerning national crisis units and Community crisis
units shall be adopted by the Council, acting on a proposal from theCommission.
Article 8
1. The Member States shall ensure that, in addition to the measures
referred to in Article 6, the competent authority establishes a protectionzone and a surveillance zone. The establishment of the zones shall take
account of the geographical, administrative, ecological and epziootiolo-
gical factors connected with African horse sickness and of the controlstructures.
2. (a) The protection zone shall consist of a part of Community terri-
tory witha radius of at least 100 km around th e entire infectedholding.
(b) The surveillance zone shall consist of a part of Community terri-
tory extending at least 50 km beyond the protection zone, inwhich no systematic vaccination has been carried out in thelast 12 months.
(c) Where such zones are situated on the territory of several
Member States, the competent authorities of the Member Statesconcerned shall collaborate in order to define the zones referredto in (a) and (b). However, if necessary, the protection zone andthe surveillance zone shall be defined in accordance with theprocedure laid down in Article 19.
3. At the duly substantiated request of a Member State a decision
may be taken in accordance withth e procedure laid down in Article
19, with a view to amending the demarcation of the zones defined inparagraph2, taking into account:
— their geographical situation and ecological factors,
— the meteorological conditions,— the presence and distribution of the vector,— the results of the epizootiological studies carried out in accordance
withArticle 7,
— the results of the laboratory examinations,
— the application of the control measures, in particular the insect
eradication measures.1992L0035 — EN — 05.06.2003 — 002.001 — 5
▼B
Article 9
1. Member States shall ensure that the following measures are
applied in the protection zone:
(a) all holdings containing equidae within the zone are identified;
(b) the official veterinarian conducts:
— periodic visits to all holdings containing equidae,
— a clinical examination of the said equidae including, if neces-
sary, the collection of samples for laboratory examination; arecord of visits and findings must be kept;
(c) equidae leave the holding on which they are kept only for transport
directly under official supervision for emergency slaughter to aslaughterhouse located in that zone or, if that zone has no slaugh-terhouse, to a slaughterhouse in the surveillance zone designated bythe competent authority.
2. In addition to the measures provided for in paragraph 1, a deci-
sion to carry out systematic vaccination of equidae against African
horse sickness and to identify them in the protection zone may be taken
under the procedure laid down in Article 19.
Article 10
Member States shall ensure that:1. the measures provided for in Article 9 (1) apply in the surveillance
zone. However, if the surveillance zone has no slaughterhouse, theequidae may be slaughtered in the protection zone in a slaughter-house designated by the competent authority;
2. all vaccination against African horse sickness is prohibited in the
surveillance zone.
Article 11
The period of application and maintenance of the measures provided
for in Articles 6, 8, 9 and 10 shall be determined by the procedurelaid down in Article 19. The period may in no case be less than 12months where vaccination has been carried out in accordance withArticles 6 (1) and 9 (2).
However, notwithstanding Articles 9 (1) (c) and 10 (1):
(a) equidae from the protection zone and from the surveillance zone
may be transported under official supervision and under the condi-
tions laid down in Article 5 (3) of Directive 90/426/EEC to the
quarantine station referred to in Article 5 (3) (d) of that Directive;
(b) movements of equidae within zones of the same status shall be
subject to authorization from the competent authorities on the basis
of the following rules:
(i) equidae shall:
— undergo a prior official check,
— require identification, and— be accompanied by an official document;
(ii) Member States shall ensure, in all events, that equidae vacci-
nated less than 60 days previously cannot leave the holding onwhich they were at the time the vaccination was carried out;
(iii) Member State shall inform the Commission within the
Standing Veterinary Committee on measures taken in thisfield.
Article 12
Where the African horse sickness epizootic is exceptionally serious in a
particular region, any additional measures to be taken by the MemberStates concerned shall be adopted in accordance with the procedurelaid down in Article 19.1992L0035 — EN — 05.06.2003 — 002.001 — 6
▼B
Article 13
Member States shall ensure that the competent authority takes all
necessary and appropriate measures for all persons established in the
protection and surveillance zones to be fully informed of the restric-
tions in force and to take the steps necessary for the appropriateimplementation of the measures in question.
Article 14
1. In eachMember State, a national laboratory sh all be designated to
carry out the laboratory examinations stipulated in this Directive. Thesenational laboratories and their powers and duties are listed in Annex Ito this Directive.
2. The national laboratories listed in Annex I shall liaise with the
Community reference laboratory referred to in Article 15.
Article 15
The Community reference laboratory for African horse sickness is
named in Annex II. Notwithstanding the provisions of Decision 90/
424/EEC, and in particular Article 28 thereof, the functions and duties
of the laboratory shall be defined in Annex III.
Article 16
Experts from the Commission may, in so far as is necessary for the
uniform application of this Directive and in cooperation with thecompetent authorities, make on-site checks. To this end they may, byinspecting a representative percentage of holdings, verify whether thecompetent authorities are monitoring compliance with the provisions
of this Directive. The Commission shall inform the Member States of
the results of the checks carried out.
A Member State in the territory of which an inspection is being carried
out shall give all necessary assistance to the experts in carrying outtheir duties.
The general rules for implementing this Article shall be adopted in
accordance withth e procedure laid down in Article 19.
Article 17
1. EachMember State sh all draw up a contingency plan, specifying
how it will implement the measures laid down in this Directive.
This plan should allow access to facilities, equipment, personnel and all
other appropriate materials necessary for the rapid and efficient eradi-
cation of the disease.
2. The criteria to be applied for drawing up the plans referred to in
paragraph1 are laid down in Annex IV.
Plans drawn up in accordance with these criteria shall be submitted to
the Commission not later than three months after this Directive takeseffect.
The Commission shall examine the plans in order to determine whether
they permit the desired objective to be attained and shall suggest to the
Member State concerned any amendments required, in particular to
ensure that they are compatible with those of the other Member States.
The Commission shall approve the plans, if necessary amended, in
accordance withth e procedures laid down in Article 19.
The plans may subsequently be amended or supplemented in accor-
dance with the same procedure to take account of developments in thesituation.
Article 18
The Annexes shall be amended by the Council, acting on a proposal
from the Commission.1992L0035 — EN — 05.06.2003 — 002.001 — 7
▼M1
Article 19
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health set up pursuant to Article 58 of
Regulation (EC) No 178/2002 (1).
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (2) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 20
The Member States shall bring into force, the laws, regulations and
administrative provisions necessary to comply withth is Directive nolater than 31 December 1992. They shall forthwith inform the Commis-
sion thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference at thetime of their official publication. The methods of making such a refer-ence shall be laid down by the Member States.
Article 21
The Commission shall submit to the Council, before 1 October 1993
and based on acquired experience, a report on the application of thisDirective together with any appropriate proposals.
Article 22
This Directive is addressed to the Member States.1992L0035 — EN — 05.06.2003 — 002.001 — 8
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.▼B
▼B
ANNEX I
A.LISTOFNATIONALLABORATORIESFORAFRICANHORSESICKNESS
Belgium Institut National de Recherche Vétérinaire (INRV),
Groeselenberg 99, 1180 Bruxelles
Nationaal Instituut voor Diergeneeskundig Onderzoek (NIDO),
Groeselenbergstraat 99, 1180 Brussel
Denmark Statens Veterinaere Institut for Virusforskning,
Lindholm, 4771 Kalvehave
Germany Bundesforschungsanstalt für Viruskrankheiten der Tiere,
Paul-Ehrlich-Straße, 7400 Tübingen
France Laboratoire Central de Recherches Vétérinaires,
22, rue Pierre Curie,
BP 67, 94703 Maisons Alfort Cedex
Greece Institut de fièvre aphteuse et des maladies exotiques du Centre des Instituts
Vétérinaires d'Athènes,
Rue Neapoleos 25, KA 15 310 Aghia Paraskevi, Athens
Ireland Central Veterinary ResearchLaboratory,
Department of Agriculture and Food,
Abbotstown, Castleknock, Dublin
Italy Istituto Zooprofilattico Sperimentale dell'Abruzzo e del Molise,
Via Campo Boario, Teramo
Luxembourg Laboratoire de Médecine Vétérinaire de l'État,
54, Avenue Gaston Diderich, L-Luxembourg
Netherlands Centraal Diergeneeskundig Instituut,
Lelystad
Portugal Laboratório Nacional de Investigação Veterinária,
Estrada de Benfica No 102, Lisboa
Spain Laboratorio de sanidad y producción animal,
Ministerio de Agricultura, Pesca y Alimentación,
28110 Algete, Madrid
United Kingdom Institute of Animal Health,
AshRoad, Pirbrigh t, Woking, Surrey GU 24 ONF
Austria Bundesanstalt für Virusseuchenbekämpfung bei Haustieren, Wien-Hetzen-
dorf
Finland Statens Veterinære Institut for Virusforskning, Lindholm, DK-4771 Kalve-
have
Sweden Statens veterinärmedicinska anstalt, Uppsala1992L0035 — EN — 05.06.2003 — 002.001 — 9
▼A1
▼B
B.FUNCTIONS ANDD UTIES OF THE NATIONAL LABORATORIES
FORAFRICANHORSESICKNESS
The national laboratories for African horse sickness are responsible for coordi-
nating the standards and diagnostic methods laid down in each diagnostic
laboratory of the Member State, for the use of reagents and for the testing of
vaccines. To this end, they:
(a) may provide diagnostic reagents to diagnostic laboratories requesting them;
(b) will control the quality of all diagnostic reagents used in that Member State;
(c) will arrange comparative tests periodically;
(d) will hold isolates of African horse sickness virus from cases confirmed in
that Member State;
(e) will ensure the confirmation of positive results obtained in regional diag-
nostic laboratories.1992L0035 — EN — 05.06.2003 — 002.001 — 10
▼B
ANNEX II
COMMUNITYREFERENCELABORATORY
Laboratorio de sanidad y producción animal,
Ministerio de Agricultura, Pesca y Alimentación,
28110 Algete, Madrid — España.1992L0035 — EN — 05.06.2003 — 002.001 — 11
▼B
ANNEX III
THE FUNCTIONS ANDD UTIES OF THE COMMUNITY REFERENCE
LABORATORYFORAFRICANHORSESICKNESS
The Community reference laboratory has the following functions and duties:
1. to coordinate, in consultation with the Commission, the methods employed in
the Member States for diagnosing African horse sickness, specifically by:
(a) typing, storing and supplying strains of African horse sickness virus for
serological tests and the preparation of antiserum;
(b) supplying standard sera and other reference reagents to the national refer-
ence laboratories in order to standardize the tests and reagents used in
eachMember State;
(c) building up and maintaining a collection of African horse sickness virus
strains and isolates;
(d) organizing periodical comparative tests of diagnostic procedures at
Community level;
(e) collecting and collating data and information on the methods of diagnosis
used and the results of tests carried out in the Community;
(f) characterizing isolates of African horse sickness by the most up-to-date
methods available to allow greater understanding of the epizootiology of
African horse sickness;
(g) monitoring developments in African horse sickness surveillance, epizoo-
tiology and prevention throughout the world;
2. to assist actively in the diagnosis of African horse sickness outbreaks in
Member States by receiving virus isolates for confirmatory diagnosis, charac-
terization and epizootiologial studies;
3. to facilitate the training or retraining of experts in laboratory diagnosis with a
view to the harmonization of techniques throughout the Community;
4. to carry out a mutual and reciprocal exchange of information with the world
laboratory for African horse sickness designated by the International Office
of Epizootics (IOE), in particular withregard to developments in th e world
situation concerning African horse sickness.1992L0035 — EN — 05.06.2003 — 002.001 — 12
▼B
ANNEX IV
CRITERIAFORCONTINGENCYPLANS
Contingency plans shall meet at least the following criteria:
1. the establishment of a crisis centre on a national level, which shall coordi-
nate all control measures in the Member State concerned;
2. a list shall be provided of local disease control centres with adequate facil-
ities to coordinate the disease control measures at a local level;
3. detailed information shall be given about the staff involved in control
measures, their skills and their responsibilities;
4. eachlocal disease control centre must be able to contact rapidly persons/
organizations which are directly or indirectly involved in an outbreak;
5. equipment and materials shall be available to carry out the disease control
measures properly;
6. detailed instructions shall be provided on action to be taken, including
means of disposal of carcases, on suspicion and confirmation of infection
or contamination;
7. training programmes shall be established to maintain and develop skills in
field and administrative procedures;
8. diagnostic laboratories must have facilities for post-mortem examination,
the necessary capacity for serology, histology, etc., and must maintain the
skills for rapid diagnosis (to that end arrangements should be made for rapid
transportation of samples);
9. details shall be provided of the quantity of African horse sickness vaccine
estimated to be required in the event of a reinstatement of emergency vacci-
nation;
10. provisions shall be made to ensure the legal powers, necessary for the
implementation of the contingency plans.1992L0035 — EN — 05.06.2003 — 002.001 — 13