1998D0372 — EN — 01.08.2001 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION DECISION
of 29 May 1998
concerning the animal health conditions and veterinary certification for imports of live animals of
bovine and porcine species from certain European countries
(notified under document number C(1998) 1450)
(Text with EEA relevance)
(98/372/EC)
(OJ L 170, 16.6.1998, p. 34)
Amended by:
Official Journal
No page date
►M1Commission Decision 98/505/EC of27 July 1998 L 226 50 13.8.1998
►M2Commission Decision 1999/539/EC of26 July 1999 L 207 26 6.8.1999
►M3Commission Decision 2001/600/EC of17 July 2001 L 210 51 3.8.2001
▼B
COMMISSION DECISION
of 29 May 1998
concerning the animal health conditions and veterinary certification
for imports of live animals of bovine and porcine species from
certain European countries
(notified under document number C(1998) 1450)
(Text with EEA relevance)
(98/372/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Directive 72/462/EEC, of12 December
1972, on health and veterinary inspection problems on importation ofbovine, ovine and caprine animals and swine, fresh meat or meat
products from third countries (
1), as last amended by Directive 97/79/
EC (2), and in particular Articles 6, 8 and 11,
Whereas the animal health conditions and veterinary certification for
import ofdomestic animals ofthe bovine and porcine species f romHungary, Poland, Bulgaria, Romania, Latvia, Slovenia, Lithuania,
Estonia, Croatia, Slovak Republic and Czech Republic, were established
by Commission Decisions 92/322/EEC (
3), 92/323/EEC (4), 92/325/
EEC (5), 92/402/EEC (6), 93/181/EEC (7), 93/182/EEC (8), 93/183/
EEC (9), 93/184/EEC (10), 94/321/EC (11), 96/185/EC (12), 96/186/EC (13)
respectively;
Whereas, with a view to the internal market, numerous health measures
have been established in the framework of trade inside the Community;
whereas the realisation ofthis objective necessitates, in parallel, anadaptation ofthe health conditions required f or importation ofdomesticanimals ofthe bovine and porcine species f rom certain Europeancountries;
Whereas this adaptation must take into account the different epidemio-
logical situations in the European countries concerned, and indeed in thedifferent parts of their territories; whereas, given the existence of similarhealth situations between the various parts ofthose countries, it isnecessary to take account ofthis f act in establishing a new system ofhealth guarantees;
Whereas, as a result, it is appropriate to establish different health
certificates in accordance with the conditions required for theimportation ofdomestic animals ofthe bovine and porcine speciesfrom those different categories of countries or parts of countries;
Whereas, in order to clarify and simplify the Community legislation it is
necessary to group together the health conditions required for imports of
domestic animals ofthe bovine and porcine species f rom certainEuropean countries and to repeal the decisions in force for thosecountries;
Whereas the animal health situation ofAlbania, Belarus, Bosnia
Herzegovina, Federal Republic ofYugoslavia, f ormer Yugoslav1998D0372 — EN — 01.08.2001 — 003.001 — 2
(1) OJ L 302, 31. 12. 1972, p. 28.
(2) OJ L 24, 30. 1. 1998, p. 31.
(3) OJ L 177, 30. 6. 1992, p. 1.
(4) OJ L 177, 30. 6. 1992, p. 18.
(5) OJ L 177, 30. 6. 1992, p. 52.
(6) OJ L 224, 8. 8. 1992, p. 18.
(7) OJ L 78, 31. 3. 1993, p. 1.
(8) OJ L 78, 31. 3. 1993, p. 11.
(9) OJ L 78, 31. 3. 1993, p. 21.
(10) OJ L 78, 31. 3. 1993, p. 31.
(11) OJ L 143, 8. 6. 1994, p. 11.
(12) OJ L 59, 8. 3. 1996, p. 23.
(13) OJ L 59, 8. 3. 1996, p. 41.
▼B
Republic ofMacdedonia, and Russia does not allow the conditions f or
the imports ofdomestic animals ofthe bovine and porcine species to beestablished;
Whereas each responsible veterinary authority ofthe concerned
countries must confirm that their country or parts of their countryhave during the last 24 months been free from foot-and-mouth disease
and during the last 12 months been free from rinderpest, contagious
bovine pleuropneumonia encephalomyelitis (Teschen disease), swinevesicular disease and vesicular exanthema; whereas no vaccinationshave been carried out against any ofthose diseases during the past 12months;
Whereas, in addition, the responsible veterinary authorities ofthe
concerned countries must undertake to notify the European Commissionand the Member States, by telex or fax, within 24 hours of theconf irmation ofthe occurrence ofany ofthe abovementioned diseases orofthe adoption ofvaccination against any ofthem or, within an
appropriate period, ofany proposed changes in their import rules
concerning bovine animals or swine or the semen or embryos thereof;whereas certain authorities have also undertaken to notify theCommission periodically with updated information on monitoring anddisease control plans for the abovementioned diseases in particular
classical swine fever;
Whereas the imports ofdomestic animals ofthe bovine and porcine
species are not allowed in so f ar as a programme ofcontrol ofresiduesin the exporting non-member country has not been approved by the
European Commission;
Whereas the guarantees provided by the exporting country as regards
bovine tuberculosis and brucellosis must be equivalent to that ofherds inthe European Community having the status of ‘Officially Free’;
Whereas animal health conditions and veterinary certification must be
adapted according to the animal health situation ofthe third countryconcerned;
Whereas certain conditions for certificates drawn up by the official
veterinarian ofthe non-member country are laid down in Directive 72/462/EEC;
Whereas Directive 96/93/EC (
1) lays down standards ofcertif ication
which are necessary for valid certification and to prevent fraud; whereasit is appropriate to ensure that the rules and principles applied by non-member country certifying officers provide guarantees which are at leastequivalent to those laid down in this Directive;
Whereas the responsible veterinary authorities ofthe concerned
countries have undertaken to supervise officially the issue of certificatesarising from this Decision and to ensure that all relevant certificates,declarations and statements on which export certification may have been
based remain on official file for at least 12 months following the
dispatch ofthe animals to which they ref er;
Whereas the responsible veterinary authorities ofthe concerned
countries have undertaken not to permit the issue ofthe certif icates
described in the Annexes to this Decision in respect ofanimals which
have been imported unless such animals were imported in accordancewith veterinary conditions at least as strict as the relevant requirementsofDirective 72/462/EEC, including any subsidiary decisions;
Whereas the responsible veterinary authorities ofthe concerned
countries have undertaken to fulfil the requirements of CommissionDecision 91/189/EEC (
2) in order to authorise assembly centres for the
animals covered by the present Decision;
Whereas considering that a new certification regime is hereby
established, a period oftime should be provided f or its implementation;1998D0372 — EN — 01.08.2001 — 003.001 — 3
(1) OJ L 13, 16. 1. 1997, p. 28.
(2) OJ L 96, 17. 4. 1991, p. 1.
▼B
Whereas the measures provided for in this Decision are in accordance
with the opinion ofthe Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes ofthis Decision to def initions contained in Directive
72/462/EEC shall be applied as necessary.
Article 2
1. Member States shall authorise the importation ofthe categories of
live animals set out in Annex II and coming from the territories laid
down in Annex I, only ifthey comply with the guarantees laid down in
the health certificate, drawn up in conformtiy with Annex III.
2. Member States shall make the introduction onto their territory of
bovine or porcine animals from the country of origin only if they complywith the supplementary guarantees required in Annex II and described inAnnex IV. These supplementary guarantees must be provided by the
exporting country in section VI ofeach model ofthe certif icate laid
down in Annex III.
3. Member States shall authorise the importation from the concerned
exporting countries ofthe domestic animals ofthe bovine or porcinespecies indicated in paragraph 1 which have been imported into the
concerned exporting country only ifsuch animals were imported f rom
the Community or from a non-member country included in the listannexed to Council Decision 79/542/EEC (
1), in so far as it covers
domestic animals ofthese species and only ifthe importation was madein accordance with veterinary conditions at least as strict as therequirements ofChapter II ofDirective 72/462/EEC, including any
subsidiary Decisions.
4. Member States shall require that animals which are submitted to
tests in application ofthis Decision are kept continuously isolated, underconditions approved by an official veterinarian of the country of origin,from all cloven-hooved animals not intended for export to the
Community or not ofequivalent health status to such animals f rom
the time ofthe f irst ofsuch tests to the time ofloading.
5. Member States shall permit the entry onto their territory from the
non-member country oforigin ofbovine animals only ifsuch animals:
(a) come from herds declared by the veterinary authorities of the non-
member country oforigin to be enzootic bovine leukosis f ree as
defined in Annex V to this Decision and have been subjected, within30 days before export and with negative result, to an individual testfor enzootic leukosis carried out according to the protocol in AnnexI to Decision 91/189/EEC;
or
(b) are intended for meat production, are not more than 30 months of
age, come from herds which are included in a national programme
for the eradication of enzootic bovine leukosis and in which therehas been no evidence whatever ofthat disease f or at least two yearsand are permanently marked as described in Annex VI to thisDecision,
or
(c) come from herds which are included in a national programme for the
eradication ofenzootic bovine leukosis, are consigned directly to aslaughterhouse and are slaugthered within five working days of theirarrival there.
In the case ofthe animals ref erred to in (b) and (c) above, Member
States shall ensure, by inspection, that such animals are clearly1998D0372 — EN — 01.08.2001 — 003.001 — 4
(1) OJ L 146, 14. 6. 1979, p. 15.
▼B
identified, shall supervise them until slaughter and shall take all
measures to prevent contamination ofindigenous herds.
6. Member States shall make the introduction onto their territory of
pigs from the country of origin subject to a guarantee that they have not
been vaccinated against classical swine fever and, in the case of pigsintended for breeding or production, a guarantee that they have shown anegative result to a test for the antibody produced by the virus ofclassical swinefever.
7. Member States shall not authorise the imports ofdomestic animals
ofthe bovine and porcine species other than those as indicated in this
Article.
Article 3
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, tubercuosis, brucellosis,foot-and-mouth disease, anthrax, rinderpest, contagious bovine pleur-opneumonia, enzootic bovine leukosis, porcine enteroviralencephalomyelitis (Teschen disease), classical swine fever, African
swine fever or swine vesicular disease, Member States may apply in
respect ofanimals imported f rom the country oforigin such additionalhealth conditions as they apply to other animals within the framework ofa national programme, submitted to and approved by the Commission,for the eradication, prevention or control of such disease.
Article 4
Member States shall authorise the importation oflive animals ofthe
bovine, porcine species subject to the following conditions:
(a) the certificate shall consist of a single sheet or, where more than one
page is required, shall be in such a form that any two or more pages
are part ofan integrated whole and indivisible; each certif icate shallbear a code number on each page. This number shall be issued bythe central competent authority. The health certificate shall besigned by an official veterinarian designated by the centralcompetent authority and countersigned and numbered by a senior
veterinary official specially appointed by the chief veterinary officer
to sign export certificates. The signature and the stamp of thecertificate must be in a different colour to that of the printing;
(b) the original completed veterinary shall be drawn up in the official
language ofthe Member State ofdestination and the Member State
in which the import inspection at the border inspection post iscarried out;
(c) the original completed veterinary certificate shall be presented with
the animals at the border inspection post.
Article 5
This Decision will be reassessed as required by the changing animal
health situation in the Community and in the European countries
concerned from which the imports are permitted.
Article 6
This Decision shall come into effect on 15 June 1998.
Article 7
Decisions 92/322/EEC, 92/323/EEC, 92/325/EEC, 92/402/EEC, 93/181/
EEC, 93/182/EEC, 93/183/EEC, 93/184/EEC, 94/321/EC, 96/185/EC
and 96/186/EC are repealed on the date referred to in Article 6.
Article 8
This Decision is addressed to the Member States.1998D0372 — EN — 01.08.2001 — 003.001 — 5
▼M3
ANNEX I
DESCRIPTION OF TERRITORIES OF CERTAIN EUROPEAN COUNTRIES ESTABLISHED
FOR ANIMAL HEALTH CERTIFICATION PURPOSES
CountryCode ofterri-
toryVersion Description ofterritory
Albania AL 01/98 Whole country
Bosnia and Herzegovina BA 01/98 Whole country
Bulgaria BG 01/98 Whole country
BG-1 01/2001 The provinces ofVarna, Dobrich, Silistra,
Choumen, Targovichte, Razgrad, Rousse,
V. Tarnovo, Gabrovo, Pleven, Lovetch,
Plovdiv, Sliven, Smolian, Starazagora,
Pasardjik, Sofia district, Sofia city, Pernik,
Kustendil, Blagoevgrad, Vratza, Montana
and Vidin
BG-2 01/2001 The provinces ofBourgas, Jambol, Hass-
kovo et Kardgali
BG-3 01/99 The 20 km-wide corridor on the border
with Turkey
Belarus BY 01/98 Whole country
Czech Republic CZ 01/98 Whole country
CZ-1 01/99 Whole country excluding the Provinces of
Krom ěříž, Vyškov, Hodonín, Uherské
Hradišt ě, Zlín and Vsetín
CZ-2 01/99 The provinces ofKrom ěříž, Vyškov,
Hodonín, Uherské Hradišt ě, Zlín and
Vsetín
Estonia EE 01/98 Whole country
Federal Republic ofYugo-
slaviaYU 01/98 Whole country
YU-1 01/98 The Federal Republic ofYugoslavia
excluding the region ofKosovo and
Metohija
YU-2 01/98 The region ofKosovo and Metohija
Croatia HR 01/98 Whole country
Hungary HU 01/98 Whole countryLithuania LI 01/98 Whole countryLatvia LV 01/98 Whole countryFormer Yugoslav Republic
ofMacedonia807 01/98 Whole country
Poland PL 01/98 Whole country
Romania RO 01/98 Whole country
Russia RU 01/98 Whole country
Slovenia SI 01/98 Whole countrySlovak Republic SK 01/98 Whole country1998D0372 — EN — 01.08.2001 — 003.001 — 6
▼M3
ANNEX II
ANIMAL HEALTH GUARANTEES REQUESTED ON CERTIFICATION
LIVE ANIMALS
Country CodeBovine Swine
Breeding/produc-
tionSlaughterBreeding/produc-
tionSlaughter
MC (1)S G (2)M C (1)S G (2)M C (1)S G (2)M C (1)S G (2)
Albania (3)A L — — — —
Bosnia and
Herzegovina (3)B A ————
Bulgaria BG — — — —
BG-1 A B — —BG-2 — — — — — —
BG-3 — — — —
Belarus (
3)B Y — — — —
Czech Republic CZ A B — —
CZ-1 A B C DCZ-2 A B — —
Estonia EE A B — —
Federal
Republic of
YugoslaviaY U ————
YU-1 — — — —YU-2 — — — —
Croatia HR A d B — —
Hungary HU A B C DLithuania LI A B — —Latvia LV A B — —
Former Yugo-
slava Republic
ofMacedonia8 0 7 ————
Poland PL A B — —
Romania RO A B — —Russia (
3)R U — — — —
Slovenia SI A B — —
Slovak Republic SK A B — —1998D0372 — EN — 01.08.2001 — 003.001 — 7
▼M3
(1) MC: model of certificate to be fulfilled. The letters (A, B, C, D …) appearing on the tables refer to the models of
animal health guarantees as described in Annex III, to be applied for each animal and origin in accordance with
Article 2 ofDecision 98/372/EC. A dash ‘—’ indicates that imports are not authorised.
(2) SG: Supplementary guarantees. The letters (a, b, c, d …) appearing on the tables refer to the supplementary
guarantees to be provided by the exporting country as described in Annex IV. These supplementary guaranteesmust be inserted by the exporting country in Section VI ofeach model ofcertif icate laid down in Annex III.
(
3) The imports ofdomestic animals ofthe bovine and porcine species are not allowed in so f ar as a programme of
control ofresidues in the exporting non-member country has not been approved by the European Commission.1998D0372 — EN — 01.08.2001 — 003.001 — 8
▼B
ANNEX III
MODEL A
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▼B
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▼B
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▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 12
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 13
▼B
MODEL B
1998D0372 — EN — 01.08.2001 — 003.001 — 14
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 15
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 16
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 17
▼B
MODEL C
1998D0372 — EN — 01.08.2001 — 003.001 — 18
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 19
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 20
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 21
▼B
MODEL D
1998D0372 — EN — 01.08.2001 — 003.001 — 22
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 23
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 24
▼B
1998D0372 — EN — 01.08.2001 — 003.001 — 25
▼M1
ANNEX IV
Supplementary guarantees to be provided by the exporting territory when
required in Annex II in application ofArticle 2(2).
(a) The animals described in this certificate have reacted negatively to a foot-
and-mounth virus test carried out by the laryngo-pharyngeal scrape method
(probang test).
(b) The animals described in this certificate have reacted negatively to a
serological test carried out to detect the presence off oot-and-mouth
antibodies.
(c) The animals described in this certificate have been isolated for at least 14
days immediately prior to loading for export at a quarantine station in the
territory oforigin under the surveillance ofan of f icial veterinarian, no animal
on the premises ofisolation having been vaccinated against f oot-and-mouth
disease during the 21 days preceding exportation and no animal other than
those forming part of the consignment having been introduced to the premises
ofisolation during the same period.
(d) The animals are coming from the following herds which has been qualified as
‘Officially free of tuberculosis, brucellosis and leukosis’, as defined under
Annexes A and G ofthe Directive 64/432/EEC:
1998D0372 — EN — 01.08.2001 — 003.001 — 26
▼B
ANNEX V
Enzootic bovine leukosis-free herds and regions
1. A herd becomes established as enzootic bovine leukosis-free when:
(a) (i) there has been no evidence whatever ofenzootic bovine leukosis in
the herd for a period of at least two years
and
(ii) it has been subjected with negative result to two herd-tests for
enzootic bovine leukosis at an interval ofnot less than f our and not
more than 12 months, each herd-test consisting ofone ofthe
serological tests described in Annex I to Decision 91/189/EEC applied
to all bovine animals in the herd over 24 months old on the date ofthe
test
or
(b) the region in which it is situated becomes established as an enzootic
bovine leukosis-free region, provided the status of the herd is not at the
time suspended under the terms ofparagraph 5.
2. A region becomes established as enzootic bovine leukosis-free when:
(a) at least 99,8 % ofbovine herds have the status ofenzootic bovine
leukosis-free
or
(b) (i) there has been no evidence whatever ofenzootic bovine leukosis in
the region for a period of at least three years
and
(ii) all bovine herds in the region have been subjected to at least one
herd-test as described in paragraph 1
and
(iii) at least 10 % ofbovine herds in the region, selected on a random
basis, have been subjected with negative result to at least two herd-
tests as described in paragraph 1.
3. A herd maintains its status as enzootic bovine leukosis-free as long as:
(a) there is no evidence whatever ofenzootic bovine leukosis in the herd
(b) all the bovine animals in the herd were born there or were introduced from
herds ofenzootic bovine leukosis-f ree status
and
(c) within three years ofthe date ofits establishment as enzootic bovine
leukosis-free, and at intervals of not more than three years thereafter, it is
subjected with negative result to a herd-test as described in paragraph 1.
4. A region maintains its status as enzootic bovine leukosis-free as long as:
(a) each year, a proportion ofthe herds in the region, selected on a random
basis and sufficient in number to demonstrate, with a 99 % confidence
rating, that not more than 0,2 % ofherds are inf ected with enzootic bovine
leukosis, have been subjected to a herd test as described in paragraph 1, or
(b) each year, a proportion of the herds in the region, sufficient to contain at
least 20 % ofthe bovine animals in the region over 24 months ofage, have
been subjected with negative result to a herd test as described in paragraph
1.
5. The enzootic bovine leukosis free status of a herd is suspended when:
(a) the conditions described in paragraph 3 cease to apply, or
(b) one or more animals give a positive result to one ofthe serological tests
described in Annex I to Decision 91/189/EEC.
6. The enzootic bovine leukosis-free status of a region is suspended when:
(a) the conditions described in paragraph 4 cease to apply, or
(b) enzootic bovine leukosis is detected and confirmed in more than 0,2 % of
bovine herds in the region.
7. The enzootic bovine leukosis-free status of a herd is reestablished when:
(a) any reactor animal and, ifthe reactor is a cow, its progeny in the herd have
been removed under the supervision ofthe veterinary authorities f or
slaughter, except that the competent authority may grant a derogation from
the requirement f or the removal ofthe progeny ofa reactor cow ifit is1998D0372 — EN — 01.08.2001 — 003.001 — 27
▼B
satisfied that the animal(s) was/were separated from its/their dam
immediately after birth, and
(b) (i) ifthe suspension results f rom a positive test on a single animal, the
herd has been subjected with negative result and not less than three
months after the withdrawal referred to in paragraph 7(a) to a herd-
test as described in paragraph 1, or
(ii) ifthe suspension results f rom a positive test on more than one animal,
the herd has been subjected to two herd-tests as described in
paragraph 1, the first being applied not less than three months after the
withdarwl referred to in paragraph 7(a) and the second not less than
four or more than 12 months later, the tests to include any progeny of
a rector cow retained in the herd under the derogation referred to in
paragraph 7(a), regardless oftheir age at the time oftest, and
(c) an epizootological enquiry has been conducted on all herds epizootolo-
gically linked to the infected herd.
8. The enzootic bovine leukosis-free status of a region is reestablished when:
(a) at least 99,8 % ofbovine herds in the region have the status ofenzootic
bovine leukosis-free, and
(b) at least 20 % ofbovine herds in the region have been subjected with
negative result to two herd-tests as described in paragraph 1, at an interval
ofnot less than f our and not more than 12 months.1998D0372 — EN — 01.08.2001 — 003.001 — 28
▼B
ANNEX VI
Mark to be applied to bovine animals in application of Article 2(5)(b)
A permanent mark, having the dimensions indicated below, applied to and visible on at least two places
on the hindquarters ofeach animal using the technique known as ‘f reeze-branding’.
1998D0372 — EN — 01.08.2001 — 003.001 — 29