2002R1282 — EN — 05.08.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1282/2002
of15July2002
amending Annexes to Council Directive 92/65/EEC laying down animal health requirements
governing trade in and imports into the Community of animals, semen, ova and embryos notsubjecttoanimalhealthrequirementslaiddowninspecificCommunityrulesreferredtoinAnnex
A(1)toDirective 90/425/EEC
(TextwithEEArelevance)
(OJ L 187, 16.7.2002, p. 3)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1802/2002 of 10 October 2002 L 274 21 11.10.2002
▼B
COMMISSIONREGULATION(EC)No1282/2002
of15July2002
amending Annexes to Council Directive 92/65/EEC laying down
animal health requirements governing trade in and imports intotheCommunityofanimals,semen,ovaandembryosnotsubjecttoanimalhealthrequirementslaiddowninspecific Communityrules
referred toinAnnexA(1)toDirective 90/425/EEC
(TextwithEEArelevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in and imports into
the Community of animals, semen, ova and embryos not subject to
animal health requirements laid down in specific Community rulesreferred to in Annex A(1) to Directive 90/425/EEC (
1), as last amended
by Commission Decision 2001/298/EC (2), and in particular Article 22
thereof.
Whereas:
(1)According to the experience of the Member States with the
implementation of Directive 92/65/EEC in relation to the tradein the animals referred to in Articles 5, 13 and 23 of that Direc-
tive, there is a need to clarify the requirements for approved
bodies, institutes or centres and to include certain quarantineprovisions.
(2)Therefore, it is necessary to make some technical adaptationsconcerning the conditions governing the approval of bodies,institutes or centres, to introduce a specific certificate for trade
in these animals and to clarify the list of notifiable diseases.
(3)Those bodies, institutions or centres already approved by
Member States under the old arrangements should continue tobe approved and brought into line with the new requirements assoon as possible.
(4)Annexes A, C and E to Directive 92/65/EEC should therefore be
amended accordingly.
(5)In order to ensure that there is an appropriate period of time for
these provisions to be implemented in all Member States, a datefor the implementation of this Regulation should be laid down.
(6)The measures provided for in this Regulation are in accordancewith the opinion of the Standing Committee on the Food Chainand Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes A, C and E to Directive 92/65/EEC are amended as set out in
the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
It shall apply from 1 March 2003.2002R1282 — EN — 05.08.2002 — 000.001 — 2
(1) OJ L 268, 14.9.1992, p. 54.
(2) OJ L 102, 12.4.2001, p. 63.▼M1
▼B
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1282 — EN — 05.08.2002 — 000.001 — 3
▼B
ANNEX
1) Annex A to Directive 92/65/EEC is replaced by the following:
‘ANNEX A
NOTIFIABLEDISEASESINTHECONTEXTOFTHISDIRECTIVE
Disease Order/family/species primarily concerned
Newcastle disease, avian influenza Aves
Psitacosis PsittaciformesAmerican foulbrood Apis
Brucella abortus Antilocapridae, Bovidae, Camelidae, Cervidae,
Giraffidae, Hippopotamidae and Tragulidae
Brucella melitensis Antilocapridae, Bovidae, Camelidae, Cervidae,
Giraffidae, Hippopotamidae and Tragulidae
Brucella ovis Camelidae, Tragulidae, Cervidae, Giraffidae,
Bovidae and Antilocapridae
Brucella suis Cervidae, Leporidae, Ovibos moschatus , Suidae
and Tayassuidae
Mycobacterium bovis Mammalia, in particular Antilocapridae,
Bovidae, Camelidae, Cervidae, Giraffidae, and
Tragulidae
Foot and mouth disease Artiodactyla and Asian elephantsClassical swine fever, African swine fever Suidae and TayassuidaeSwine vesicular disease Suidae and Tayassuidae
Rinderpest Artiodactyla
Bluetongue Antilocapridae, Bovidae, Cervidae, Giraffidae,
and Rhinocerotidae
Contagious bovine pleuropneumonia Bovines (including zebu, buffalo, bison and
yak)
Vesicular stomatitis Artiodactyla and Equidae
Peste des petits ruminants Bovidae and Suidae
Lumpy skin disease Bovidae and GiraffidaeSheepand goat p ox BovidaeAfrican horse sickness EquidaeRift valley fever Bovidae, Camelus species and Rhinocerotidae
Porcine enterovirus encephalomyelitis Suidae
Infectious haematopoeitic necrosis SalmonidaeTSE Bovidae, Cervidae, Felidae and MustelidaeAnthrax Bovidae, Camelidae, Cervidae, Elephantidae,
Equidae and Hippopotamidae
Rabies Carnivora, and Chiroptera’2002R1282 — EN — 05.08.2002 — 000.001 — 4
▼B
2) Annex C to Directive 92/65/EEC is replaced by the following:
‘ANNEX C
CONDITIONS GOVERNING APPROVAL OF BODIES, INSTITUTES
ORCENTRES
1. In order to be granted official approval under Article 13(2) of this Direc-
tive, a body, institute or centre as defined in Article 2(1)(c) must:
(a) be clearly demarcated and separated from its surroundings or the
animals confined and located so as not to pose a health risk to agri-
cultural holdings whose health status might be jeopardised;
(b) have adequate means for catching, confining and isolating animals
and, have available adequate quarantine facilities and approved proce-
dures for animals coming from non-approved sources;
(c) be free of the diseases listed in Annex A and the diseases listed in
Annex B where the country concerned has a programme pursuant to
Article 14. In order that a body, institute or centre is declared free
from these diseases, the competent authority shall assess the records
on the animal health status kept for at least the previous three years
and the results of the clinical and laboratory tests carried out on the
animals in the body, institute or centre. However, by way of deroga-
tion from this requirement new establishments shall be approved if
the animals forming the collection are derived from approved estab-
lishments;
(d) keepupto date records indicating:
(i) the number and identity (age, sex, species and individual identi-
fication where practical) of the animals of each species present in
the establishment;
(ii) the number and identity (age, sex, species and individual identi-
fication where practical) of animals arriving in the establishment
or leaving it, together with information on their origin or destina-
tion, the transport from or to the establishment and the animals
health status;
(iii) the results of blood tests or any other diagnostic procedures;
(iv) cases of disease and, where appropriate, the treatment adminis-
tered;
(v) the results of the post-mortem examinations on animals that have
died in the establishment, including still-born animals;
(vi) observations made during any isolation or quarantine period;
(e) either have an arrangement with a competent laboratory to perform
post-mortem examinations, or have one or more appropriate premises
where these examinations may be performed by a competent person
under the authority of the approved veterinarian;
(f) either have suitable arrangements or on-site facilities for the appro-
priate disposal of the bodies of animals which die of a disease or are
euthanised;
(g) secure, by contract or legal instrument, the services of a veterinarian
approved by and under the control of the competent authority, who:
(i) shall comply mutatis mutandis with the requirements referred to
in Article 14(3)(B) of Directive 64/432/EEC,
(ii) shall ensure that appropriate disease surveillance and control
measures in relation to the disease situation of the country
concerned are approved by the competent authority and applied
in the body, institute or centre. Such measures shall include:
— an annual disease surveillance plan including appropriate
zoonoses control of the animals,
— clinical, laboratory and post-mortem testing of animals
suspected to be affected by transmissible diseases,
— vaccination of susceptible animals against infectious diseases
as appropriate, only in conformity with Community legisla-
tion;
(iii) shall ensure that any suspect deaths or the presence of any other
symptom suggesting that animals have contracted one or more of
the diseases referred to in Annexes A and B is notified without
delay to the competent authority, if that particular disease is noti-
fiable in the Member State concerned;2002R1282 — EN — 05.08.2002 — 000.001 — 5
▼B
(iv) shall ensure that incoming animals have been isolated as neces-
sary, and in accordance with the requirements of this Directive
and the instructions, if any, given by the competent authority;
(v) shall be responsible for the day to day compliance with the
animal health requirements of this Directive and of Community
legislation on welfare of animals during transport and disposal
of animal waste;
(h) if it keeps animals intended for laboratories carrying out experiments,
in conformity with the provisions of Article 5 of Directive 86/609/
EEC.
2. Approval shall be maintained where the following requirements are met:
(a) the premises are under the control of an official veterinarian from the
competent authority, who:
(i) shall visit the premises of the body, institute or centre at least
once per year;
(ii) shall audit the activity of the approved veterinarian and the
implementation of the annual disease surveillance plan;
(iii) shall ensure that the provisions of this Directive are met;
(b) only animals coming from another approved body, institute or centre,
are introduced into the establishment, in accordance with the provi-
sions of this Directive;
(c) the official veterinarian verifies that:
— the provisions of this Directive are fulfilled,
— the results of the clinical, post-mortem and laboratory tests on the
animals have revealed no occurrence of the diseases referred to in
Annexes A and B;
(d) the body, institute or centre keeps the records referred to in point 1(d)
after approval, for a period of at least ten years.
3. By way of derogation from Article 5(1) of this Directive and point 2(b) of
this Annex, animals including apes ( simiaeand prosimiae ) having an
origin other than an approved body, institute or centre may be introduced
in an approved body, institute or centre, provided that these animals
undergo a quarantine under official control and in accordance with the
instructions given by the competent authority before being added to the
collection.
For apes ( simiae and prosimiae ) the quarantine requirements laid down in
the OIE International Health Code (Chapter 2.10.1 and Appendix 3.5.1)
shall be respected.
For other animals undergoing quarantine in accordance with point 2(b) of
this Annex, the quarantine period must be at least 30 days with respect to
the diseases listed in Annex A.
4. Animals held in an approved body, institute or centre, shall only leave
this establishment if destined to another approved body, institute or
centre, in that Member State or another Member State; however, if not
destined to an approved body, institute or centre, shall only leave in
accordance with the requirements of the competent authority to ensure
no risk of possible spread of disease.
5. Where a Member State benefits from additional guarantees under
Community legislation it may request appropriate additional requirements
and certification for the susceptible species to be added to the approved
body, institute or centre.
6. The procedures for partly or completely suspending, withdrawing or
restoring approval are the following:
(a) where the competent authority finds that the requirements of point 2
have not been fulfilled or there has been a change of usage which is
no longer covered by Article 2 of this Directive the approval shall be
suspended or withdrawn;
(b) where notification is given of the suspicion of one of the diseases
listed in Annex A or B, the competent authority shall suspend
approval of the body, institute or centre, until the suspicion has been
officially ruled out. Depending on the disease involved and the risk of
disease transmission, the suspension may relate to the establishment
as a whole or only to certain categories of animals susceptible to thedisease in question. The competent authority shall ensure that the
measures necessary to confirm or rule out the suspicion and to avoid
any spread of disease are taken, in accordance with Community legis-
lation governing measures to be taken against the disease in question
and on trade in animals;2002R1282 — EN — 05.08.2002 — 000.001 — 6
▼B
(c) where the suspected disease is confirmed, the body, institute or centre
shall again be approved only when, after eradication of the disease
and source of infection in the premises, including suitable cleaning
and disinfection, the conditions laid down in point 1 of this Annex,
with the exception of point 1(c), are again fulfilled;
(d) the competent authority shall inform the Commission of the suspen-
sion, withdrawal or restoration of approval of a body, institute or
centre.’
3) Annex E to Directive 92/65/EEC is replaced by the following:2002R1282 — EN — 05.08.2002 — 000.001 — 7
▼B
‘ANNEX E
Part1
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▼B
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▼B
Part2
2002R1282 — EN — 05.08.2002 — 000.001 — 10
▼B
2002R1282 — EN — 05.08.2002 — 000.001 — 11
▼B
Part3
2002R1282 — EN — 05.08.2002 — 000.001 — 12
▼B
’.2002R1282 — EN — 05.08.2002 — 000.001 — 13