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"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
"M1 Commission Decision 98/505/EC of 27 July 1998 L 226 50 13.8.1998
"M2 Commission Decision 1999/539/EC of 26 July 1999 L 207 26 6.8.19991998D0372 — EN — 27.07.1999 — 002.001 — 1
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, of 12 December 1972,
on health and veterinary inspection problems on importation of bovine, ovine
and caprine animals and swine, fresh meat or meat products from thirdcountries (
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
of domestic animals of the bovine and porcine species from Hungary, Poland,
Bulgaria, Romania, Latvia, Slovenia, Lithuania, Estonia, Croatia, Slovak
Republic and Czech Republic, were established by Commission Decisions92/322/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 of this objective necessitates, in parallel, an adaptation of the
health conditions required for importation of domestic animals of the bovineand porcine species from certain European countries;
Whereas this adaptation must take into account the different epidemiological
situations in the European countries concerned, and indeed in the differentparts of their territories; whereas, given the existence of similar healthsituations between the various parts of those countries, it is necessary to take
account of this fact in establishing a new system of health guarantees;
Whereas, as a result, it is appropriate to establish different health certificates
in accordance with the conditions required for the importation of domestic
animals of the bovine and porcine species from 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 of the bovine and porcine species from certain Europeancountries and to repeal the decisions in force for those countries;
Whereas the animal health situation of Albania, Belarus, Bosnia Herzegovina,
Federal Republic of Yugoslavia, former Yugoslav Republic of Macdedonia,and Russia does not allow the conditions for the imports of domestic animalsof the bovine and porcine species to be established;
Whereas each responsible veterinary authority of the concerned countries
must confirm that their country or parts of their country have during the last24 months been free from foot-and-mouth disease and during the last 12
months been free from rinderpest, contagious bovine pleuropneumonia!B
(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. 41.1998D0372 — EN — 27.07.1999 — 002.001 — 2
encephalomyelitis (Teschen disease), swine vesicular disease and vesicular
exanthema; whereas no vaccinations have been carried out against any ofthose diseases during the past 12 months;
Whereas, in addition, the responsible veterinary authorities of the concerned
countries must undertake to notify the European Commission and theMember States, by telex or fax, within 24 hours of the confirmation of theoccurrence 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 their import rules concerning bovine animals or swine orthe semen or embryos thereof; whereas certain authorities have alsoundertaken to notify the Commission periodically with updated information
on monitoring and disease control plans for the abovementioned diseases in
particular classical swine fever;
Whereas the imports of domestic animals of the bovine and porcine species
are not allowed in so far as a programme of control of residues in the
exporting non-member country has not been approved by the EuropeanCommission;
Whereas the guarantees provided by the exporting country as regards bovine
tuberculosis and brucellosis must be equivalent to that of herds in theEuropean Community having the status of ‘Officially Free’;
Whereas animal health conditions and veterinary certification must be
adapted according to the animal health situation of the third countryconcerned;
Whereas certain conditions for certificates drawn up by the official
veterinarian of the non-member country are laid down in Directive72/462/EEC;
Whereas Directive 96/93/EC (
1) lays down standards of certification which
are necessary for valid certification and to prevent fraud; whereas it isappropriate to ensure that the rules and principles applied by non-member
country certifying officers provide guarantees which are at least equivalent to
those laid down in this Directive;
Whereas the responsible veterinary authorities of the concerned countries
have undertaken to supervise officially the issue of certificates arising from
this Decision and to ensure that all relevant certificates, declarations andstatements on which export certification may have been based remain onofficial file for at least 12 months following the dispatch of the animals to
which they refer;
Whereas the responsible veterinary authorities of the concerned countries
have undertaken not to permit the issue of the certificates described in the
Annexes to this Decision in respect of animals which have been imported
unless such animals were imported in accordance with veterinary conditionsat least as strict as the relevant requirements of Directive 72/462/EEC,
including any subsidiary decisions;
Whereas the responsible veterinary authorities of the concerned countries
have undertaken to fulfil the requirements of Commission Decision
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 of time should be provided for its implementation;
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
For the purposes of this Decision to definitions contained in Directive
72/462/EEC shall be applied as necessary.!B
(1) OJ L 13, 16. 1. 1997, p. 28.
(2) OJ L 96, 17. 4. 1991, p. 1.1998D0372 — EN — 27.07.1999 — 002.001 — 3
Article 2
1. Member States shall authorise the importation of the categories of live
animals set out in Annex II and coming from the territories laid down in
Annex I, only if they 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 comply with thesupplementary guarantees required in Annex II and described in Annex IV .
These supplementary guarantees must be provided by the exporting country in
section VI of each model of the certificate laid down in Annex III.
3. Member States shall authorise the importation from the concerned
exporting countries of the domestic animals of the bovine or porcine speciesindicated in paragraph 1 which have been imported into the concerned
exporting country only if such animals were imported from the Community or
from a non-member country included in the list annexed to Council Decision79/542/EEC (
1), 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 subsidiary Decisions.
4. Member States shall require that animals which are submitted to tests in
application of this Decision are kept continuously isolated, under conditionsapproved by an official veterinarian of the country of origin, from all
cloven-hooved 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 teststo the time of loading.
5. Member States shall permit the entry onto their territory from the
non-member country of origin of bovine animals only if such animals:
(a) come from herds declared by the veterinary authorities of the
non-member country of origin to be enzootic bovine leukosis free as
defined in Annex V to this Decision and have been subjected, within 30days before export and with negative result, to an individual test forenzootic leukosis carried out according to the protocol in Annex I 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 there has been noevidence whatever of that disease for at least two years and arepermanently marked as described in Annex VI to this Decision,
or
(c) come from herds which are included in a national programme for the
eradication of enzootic bovine leukosis, are consigned directly to a
slaughterhouse and are slaugthered within five working days of their
arrival there.
In the case of the animals referred to in (b) and (c) above, Member States shall
ensure, by inspection, that such animals are clearly identified, shall supervisethem until slaughter and shall take all measures to prevent contamination of
indigenous 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 beenvaccinated against classical swine fever and, in the case of pigs intended forbreeding or production, a guarantee that they have shown a negative result to a
test for the antibody produced by the virus of classical swinefever.
7. Member States shall not authorise the imports of domestic animals of the
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 orporcine disease other than rabies, tubercuosis, brucellosis, foot-and-mouth
disease, anthrax, rinderpest, contagious bovine pleuropneumonia, enzootic!B
(1) OJ L 146, 14. 6. 1979, p. 15.1998D0372 — EN — 27.07.1999 — 002.001 — 4
bovine leukosis, porcine enteroviral encephalomyelitis (Teschen disease),
classical swine fever, African swine fever or swine vesicular disease, MemberStates may apply in respect of animals imported from the country of originsuch additional health conditions as they apply to other animals within the
framework of a 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 of live animals of the 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 certificate shall bear a code
number on each page. This number shall be issued by the central
competent authority. The health certificate shall be signed by an officialveterinarian designated by the central competent authority and counter-signed and numbered by a senior veterinary official specially appointed
by the chief veterinary officer to sign export certificates. The signature
and the stamp of the certificate must be in a different colour to that of theprinting;
(b) the original completed veterinary shall be drawn up in the official
language of the Member State of destination and the Member State inwhich the import inspection at the border inspection post is carried 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.!B1998D0372 — EN — 27.07.1999 — 002.001 — 5
ANNEX I
Description of territories of certain European countries established for animal health certification purposes
Country Code of territory Version Description of territory
Albania AL 1/98 Whole country
Bosnia-Herzegovina BA 1/98 Whole countryBulgaria BG 1/98 Whole country
BG-1 1/98 The provinces of Varna, Dobrich, Silistra, Choumen, Targovichte, Razgrad, Rousse, V . Tarnovo, Gabrovo, Pleven, Lovetch,
Plovdiv, Smolian, Pasardjik, Sofia district, Sofia city, Pernik, Kustendil, Blagoevgrad, Vratza, Montana and Vidin
BG-2 1/99 The provinces of Bourgas, Jambol, Sliven, Starazagora, Hasskovo and Kardjali, except the 20-km-wide corridor on the border
with Turkey
BG-3 1/99 The 20-km-wide corridor on the border with Turkey
Belarus BY 1/98 Whole countryCzech Republic CZ 1/98 Whole country
CZ-1 1/99 Whole country excluding the provinces of KromOeOríš, Vyškov, Hodonín, Uherské HradištOe, Zlin and VsetínCZ-2 1/99 The provinces of KromOeOríš, Vyškov, Hodonín, Uherské HradištOe, Zlin and Vsetín
Estonia EE 1/98 Whole countryFederal Republic of Yugoslavia YU 1/98 Whole country
YU-1 1/98 The Federal Republic of Yugoslavia, excluding the region of Kosovo and MetohijaYU-2 1/98 The region of Kosovo and Metohija
Croatia HR 1/98 Whole country
Hungary HU 1/98 Whole countryLithuania LT 1/98 Whole countryLatvia L V 1/98 Whole countryFormer Yugoslav Republic of Macedonia 807 1/98 Whole countryPoland PL 1/98 Whole country!
M21998D0372 — EN — 27.07.1999 — 002.001 — 6
Country Code of territory Version Description of territory
Romania RO 1/98 Whole country
Russia RU 1/98 Whole countrySlovenia SI 1/98 Whole countrySlovak Republic SK 1/98 Whole country!
M21998D0372 — EN — 27.07.1999 — 002.001 — 7
ANNEX II
ANIMAL HEALTH GUARANTEES REQUESTED ON CERTIFICATION
LIVE ANIMALS
Country CodeBovine Swine
Breeding/production Slaughter Breeding/production Slaughter
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-Herzegovina (3)B A — — — —
Bulgaria BG — — — —
BG-1 A B — —BG-2 A c B c — —BG-3 — — — —
Belarus (
3)B Y — — — —
Czech Republic CZ A B — —
CZ-1 A B C DCZ-2 A B — —
Estonia (
3)E E A (3)B (3)— —
Federal Republic of Yugoslavia YU — — — —
YU-1 — — — —YU-2 — — — —
Croatia HR A d B — —Hungary HU A B C DLithuania (
3)L T A (3)B (3)— —
Latvia (3)L V A (3)B (3)— —
Former Yugoslav Republic of
Macedonia8 0 7 ————
Poland PL A B — —
Romania RO A B — —Russia (
3)R U — — — —
Slovenia SI A B — —Slovak Republic SK A B — —
(
1)MC: model of certificate to be fulfilled. The letters (A, B, C, D, etc.) 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 of Decision 98/372/EC. A dash ‘—’ indicates that
imports are not authorised.
(2)SG: Supplementary guarantees. The letters (a, b, c, d, etc.) appearing on the tables refer to the supplementary guarantees to be provided by theexporting country as described in Annex IV . These supplementary guarantees must be inserted by the exporting country in section VI of each
model of certificate laid down in Annex III.
(3)The imports of domestic animals of the bovine and porcine species are not allowed in so far as a programme of control of residues in theexporting third country has not been approved by the European Commission.!M21998D0372 — EN — 27.07.1999 — 002.001 — 8
ANNEX III
MODEL A
!B1998D0372 — EN — 27.07.1999 — 002.001 — 9
!B1998D0372 — EN — 27.07.1999 — 002.001 — 10
!B1998D0372 — EN — 27.07.1999 — 002.001 — 11
!B1998D0372 — EN — 27.07.1999 — 002.001 — 12
MODEL B
!B1998D0372 — EN — 27.07.1999 — 002.001 — 13
!B1998D0372 — EN — 27.07.1999 — 002.001 — 14
!B1998D0372 — EN — 27.07.1999 — 002.001 — 15
MODEL C
!B1998D0372 — EN — 27.07.1999 — 002.001 — 16
!B1998D0372 — EN — 27.07.1999 — 002.001 — 17
!B1998D0372 — EN — 27.07.1999 — 002.001 — 18
MODEL D
!B1998D0372 — EN — 27.07.1999 — 002.001 — 19
!B1998D0372 — EN — 27.07.1999 — 002.001 — 20
!B1998D0372 — EN — 27.07.1999 — 002.001 — 21
!B1998D0372 — EN — 27.07.1999 — 002.001 — 22
ANNEX IV
Supplementary guarantees to be provided by the exporting territory when
required in Annex II in application of Article 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 scrapemethod (probang test).
(b) The animals described in this certificate have reacted negatively to a
serological test carried out to detect the presence of foot-and-mouthantibodies.
(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 theterritory of origin under the surveillance of an official veterinarian, noanimal on the premises of isolation having been vaccinated against foot-and-mouth disease during the 21 days preceding exportation and no animalother than those forming part of the consignment having been introducedto the premises of isolation 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 definedunder Annexes A and G of the Directive 64/432/EEC:
!M11998D0372 — EN — 27.07.1999 — 002.001 — 23
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 of enzootic 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 of not less than four and notmore than 12 months, each herd-test consisting of one of theserological tests described in Annex I to Decision 91/189/EECapplied to all bovine animals in the herd over 24 months old on thedate of the 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 of paragraph 5.
2. A region becomes established as enzootic bovine leukosis-free when:
(a) at least 99,8 % of bovine herds have the status of enzootic bovine leukosis-
free
or
(b) (i) there has been no evidence whatever of enzootic 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 % of bovine 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 of enzootic bovine leukosis in the herd
(b) all the bovine animals in the herd were born there or were introduced from
herds of enzootic bovine leukosis-free status
and
(c) within three years of the date of its establishment as enzootic bovine
leukosis-free, and at intervals of not more than three years thereafter, it issubjected 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 of the herds in the region, selected on a random
basis and sufficient in number to demonstrate, with a 99 % confidencerating, that not more than 0,2 % of herds are infected with enzootic bovineleukosis, 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 % of the bovine animals in the region over 24 months of age, havebeen subjected with negative result to a herd test as described in paragraph1.
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 of the 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, if the reactor is a cow, its progeny in the herd have
been removed under the supervision of the veterinary authorities for!
B1998D0372 — EN — 27.07.1999 — 002.001 — 24
slaughter, except that the competent authority may grant a derogation from
the requirement for the removal of the progeny of a reactor cow if it issatisfied that the animal(s) was/were separated from its/their damimmediately after birth, and
(b) (i) if the suspension results from a positive test on a single animal, the
herd has been subjected with negative result and not less than threemonths after the withdrawal referred to in paragraph 7(a) to a herd-test as described in paragraph 1, or
(ii) if the suspension results from a positive test on more than one animal,
the herd has been subjected to two herd-tests as described inparagraph 1, the first being applied not less than three months afterthe 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 derogationreferred to in paragraph 7(a), regardless of their age at the time of test,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 % of bovine herds in the region have the status of enzootic
bovine leukosis-free, and
(b) at least 20 % of bovine herds in the region have been subjected with
negative result to two herd-tests as described in paragraph 1, at an intervalof not less than four and not more than 12 months.!
B1998D0372 — EN — 27.07.1999 — 002.001 — 25
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 of
each animal using the technique known as ‘freeze-branding’.
!B1998D0372 — EN — 27.07.1999 — 002.001 — 26