1991L0068 — EN — 09.07.2003 — 007.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of28January1991
onanimalhealthconditionsgoverningintra-Communitytradeinovineandcaprineanimals
(91/68/EEC)
(OJ L 46, 19.2.1991, p. 19)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/164/EC of 18 February 1994 L 74 42 17.3.1994
►M2Commission Decision 94/953/EC of 20 December 1994 L 371 14 31.12.1994
►M3Commission Decision 2001/298/EC of 30 March 2001 L 102 63 12.4.2001
►M4Directive 2001/10/EC of the European Parliament and of the Council of
22 May 2001L 147 41 31.5.2001
►M5Commission Decision 2002/261/EC of 25 March 2002 L 91 31 6.4.2002
►M6Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
►M7Council Directive 2003/50/EC of 11 June 2003 L 169 51 8.7.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of28January1991
on animal health conditions governing intra-Community trade in
ovineandcaprineanimals
(91/68/EEC)
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),
Whereasthe harmoniousoperation of the common organization of the
market in ovine and caprine animalswill not have the res ultsexpected
of it aslong asdis paritiesbetween Member Statesasregardshealthconditionsact asa res traint on intra-Community trade;
Whereas in order to encourage such trade it is advisable to remove
those disparities and introduce Community-wide rules on the marketing
of ovine and caprine animalsin s uch trade; whereasthat objective will
also contribute to the completion of the single market;
Whereasin order to be eligible for intra-Community trade, ovine and
caprine animalss hould meet certain animal health requirementsdesigned to avoid the spread of infectious or contagious diseases;
Whereasthe animal health requirementsapplicable s hould vary
depending on the purpose for which the animals are traded;
Whereasthe health s ituation for ovine and caprine animalsisnot the
same throughout the territory of the Community; whereas referenceshould therefore be made to ‘regions’ as defined in Council Directive64/432/EEC of 26 June 1964 on animal health problemsaffecting intra-
Community trade in bovine animalsand s wine (
4), aslas t amended by
Directive 90/425/EEC (5), when dealing with partsof that territory;
Whereasthere mus t be no barriersto trade between regionsin which
the animal health conditionsare equivalent;
Whereas provision should be made for allowing the Commission to
approve certain additional requirementsin the light of the progres s
made by a Member State in eradicating certain diseases, provided thatthose requirements in no case exceed those applied nationally by theMember State concerned;
Whereasin order to avoid the s pread of infectiousor contagious
diseases, conditions should be laid down as regards the transportation
of the animalsto their place of des tination;
Whereasin order to ens ure that the requirementsapplicable are
complied with, provision should be made for introducing a health certi-ficate which would be issued by an official veterinarian and whichwould accompany ovine and caprine animalsuntil they reach their
place of destination;
Whereasreference s hould be made, asregardsthe organization and
follow up of the checksto be carried out by the Member Statesandasregardsthe protective meas uresto be introduced, to the general ruleslaid down in Council Directive 90/425/EEC of 26 June 1990concerning veterinary and zootechnical checksapplicable in intra-1991L0068 — EN — 09.07.2003 — 007.001 — 2
(1) OJ No C 48, 27. 2. 1989, p. 21.
(2) OJ No C 96, 17. 4. 1989, p. 187.
(3) OJ No C 194, 31. 7. 1989, p. 9.
(4) OJ No 121, 29. 7. 1964, p. 1977/64.
(5) OJ No L 224, 18. 8. 1990, p. 29.
▼B
Community trade in certain live animalsand productswith a view of
the completion of the internal market;
Whereas provision should be made for allowing the Commission to
conduct itsown checks ;
Whereas a procedure should be introduced which provides for close
and efficient cooperation between the Member Statesand the Commis -
sion within the Standing Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
ThisDirective definesthe animal health conditionsgoverning intra-
Community trade in ovine and caprine animals.
Article 2
(a) The definitionsgiven in Article 2 of Directive 90/425/EEC and in
Article 2 of Directive 91/628/EEC of 19 November 1991 on theprotection of animalsduring trans port and amending Directives
90/425/EEC and 91/496/EEC (
1) s hall apply asfar asapplicable.
(b) In addition, the following definitionsapply for the purpos esof this
Directive:
1. ‘ovine or caprine animalsfor s laughter’ meansanimalsof the
ovine or caprine species intended to be taken either directly orvia an approved assembly centre to a slaughterhouse in order to
be slaughtered;
2. ‘ovine or caprine animalsfor breeding’ meansovine and
caprine animalsother than thos e mentioned in points1 and 3
intended to be transported to the place of destination, eitherdirectly or via an approved assembly centre, for breeding andproduction purposes;
3. ‘ovine or caprine animalsfor fattening’ meansovine and
caprine animalsother than thos e mentioned in points1 and 2intended to be transported to the place of destination, eitherdirectly or via an approved assembly centre, in order to be
fattened for subsequent slaughter;
4. ‘officially brucellosis-free ovine or caprine holding’ means a
holding which satisfies the conditions laid down in Section I
of Chapter 1 of Annex A;
5. ‘brucellosis-free ovine or caprine holding’ means a holding
which satisfies the conditions laid down in Chapter 2 of AnnexA;
6. ‘compulsorily notifiable disease’ means a disease listed under
Section I of Annex B;
7. ‘official veterinarian’ meansa veterinarian des ignated by the
competent central authority of the Member State;
8. ‘holding of origin’ meansany holding on which the ovine and
caprine animals have been continuously present as required bythisDirective and on which recordsare maintained demon-strating the residence of the animals which may be audited bythe competent authorities;
9. ‘assembly centre’ means collection centres and markets, at
which under the supervision of the official veterinarian ovine
and caprine animalsoriginating from different holdingsare
grouped together to form consignments of animals for nationalmovement;1991L0068 — EN — 09.07.2003 — 007.001 — 3
(1) OJ L 340, 11.12.1991, p. 17. Directive aslas t amended by Directive 95/29/
EC (OJ L 148, 30.6.1995, p. 52).▼M7
▼M7
10. ‘approved assembly centre’ means premises on which ovine or
caprine animalsoriginating from different holdingsare groupedtogether to form consignments of animals intended for intra-
Community trade;
11. ‘dealer’ means any natural or legal person who buys and sells
animalscommercially either directly or indirectly, who hasaturnover of these animals and who within a maximum of 29days of purchasing animals resells them or relocates themfrom the first premises to other premises or directly to aslaughterhouse not within his ownership;
12. ‘approved dealer's premises’ means premises operated by a
dealer asdefined in point 11 and approved by the competent
authoritiesat which ovine or caprine animalsoriginated from
different holdingsare grouped together to form cons ignmentsof animalsintended for intra-Community trade;
13. ‘transporter’ means any natural or legal person referred to in
Article 5 of Directive 91/628/EEC;
14. ‘region’ meansthat part of a Member State'sterritory which is
at least 2 000 km
2in area and which is subject to inspection by
the competent authoritiesand includesat leas t one of thefollowing administrative regions:
— Belgium: province/provincie
— Germany: Regierungsbezirk— Denmark: amt or island— France: département— Italy: provincia— Luxembourg —— Netherlands: RVV-kring— United Kingdom:
England, Walesand
Northern Ireland:county
Scotland: district or island area
— Ireland: county— Greece: νοµός
— Spain: provincia— Portugal:
continent: distritoother partsof Portugal's
territory:região autónoma
— Austria: Bezirk
— Sweden: län
— Finland: lääni/län.
Article 3
(1) Ovine and caprine animals for slaughter may be the subject of
trade only if they fulfil the conditionslaid down in Articles4, 4a, 4b
and 4c.
(2) Ovine and caprine animalsfor fattening may be the s ubject of
trade only if they fulfil the conditionslaid down in Articles4, 4a, 4b
and 5, without prejudice to any additional guaranteeswhich may be
required pursuant to Articles 7 and 8.
(3) Ovine and caprine animalsfor breeding may be the s ubject of
trade only if they fulfil the conditionslaid down in Articles4, 4a, 4b,1991L0068 — EN — 09.07.2003 — 007.001 — 4
▼M7
5 and 6, without prejudice to any additional guaranteeswhich may be
required pursuant to Articles 7 and 8.
(4) By way of derogation from the provisions in paragraphs 2 and 3,
the competent authoritiesof Member Statesof des tination may grantgeneral or limited derogationsin res pect of movement of ovine andcaprine animalsfor breeding and fattening, intended s olely for
temporary pasturing near internal borders of the Community. Member
States making use of such derogation shall inform the Commission ofthe content of the derogationsgranted.
(5) Ovine and caprine animalscovered by thisDirective mus t at no
time between leaving the holding of origin and arriving at destinationcome into contact with cloven-hoofed animalsother than animalsthathave the same health status.
Article 4
(1) Member States shall ensure that ovine and caprine animals:
(a) are identified and registered in accordance with Community legis-
lation;
(b) are inspected by an official veterinarian during the 24 hours
preceding the loading of the animals, and show no clinical sign ofdisease;
(c) do not come from a holding, nor have been in contact with animals
from a holding, which isthe s ubject of a prohibition on animal
health grounds; the period of such prohibition shall last after the
slaughter and/or the disposal of the last animal suffering from orsusceptible to one of the diseases referred to in points (i), (ii) or(iii), for at least:
(i) 42 days in the case of brucellosis,
(ii) 30 days in the case of rabies,
(iii) 15 daysin the cas e of anthrax;
(d) do not come from a holding, nor have been in contact with animals
from a holding, situated in an area which for health reasons issubject to a prohibition or restriction affecting the species involvedin accordance with Community and/or national legislation;
(e) are not the subject of animal health restrictions pursuant to
Community legislation on foot-and-mouth disease nor have they
been vaccinated against foot-and-mouth disease.
(2) Member States shall ensure that the following animals are not
the subject of trade:
(a) ovine and caprine animalswhich may have to be s laughtered under
a national programme for the eradication of diseases not referred toin Annex C to Directive 90/425/EEC or in Chapter I of Annex B tothisDirective;
(b) ovine and caprine animalswhich cannot be marketed on their own
territory for health or animal health reasons justified by Article 30
of the Treaty.
(3) Member States shall ensure that ovine and caprine animals shall:
(a) either have been born and reared since birth in the Community, or
(b) have been imported from a third country in accordance with
Community legislation.
Article 4a
(1) Member States shall ensure that ovine and caprine animals for
slaughter, breeding and fattening are not dispatched to another MemberState, unless the animals:
(a) have been continuously resident on the holding of origin for at least
30 days, or since birth if the animals are younger than 30 days ofage,1991L0068 — EN — 09.07.2003 — 007.001 — 5
▼M7
(b) do not come from a holding into which ovine or caprine animals
have been introduced during the 21 daysprior to dis patch,
(c) do not come from a holding into which biungulate animals
imported from a third country have been introduced during the 30daysprior to dis patch.
(2) By way of derogation from paragraphs1(b) and (c), Member
States may authorise the dispatch of ovine and caprine animals toanother Member State, if the animalsreferred to in paragraphs1(b)
and (c) have been completely isolated from all other animals on the
holding.
Article 4b
(1) Member States shall ensure that the conditions set out in para-
graphs2 to 6 are applied to intra-Community trade in all ovine andcaprine animals.
(2) The animals shall not be outside their holding of origin for more
than six days before being last certified for trade to the final destinationin another Member State asindicated in the health certificate.
Without prejudice to Article 9(1) in the case of transport by sea, the
time limit of six days shall be prolonged by the duration of the sea
journey.
(3) After leaving the holding of origin the animalss hall be
consigned directly to the destination in another Member State.
(4) By way of derogation from paragraph 3, ovine and caprine
animalsmay, after leaving the holding of origin and before arrival atdestination in another Member State, transit through only one approvedassembly centre situated in the Member State of origin.
In the case of ovine and caprine animals for slaughter, the approved
assembly centre may be substituted by approved dealer's premises situ-
ated in the Member State of origin.
(5) Animalsfor s laughter which have been taken on arrival in the
Member State of destination to a slaughterhouse, must be slaughteredthere as soon as possible but at least within 72 hours of arrival.
(6) Without prejudice to Article 3(5), Member States shall ensure
that the animalscovered by thisDirective at no time, between leavingthe holding of origin and their arrival at destination, compromise thehealth status of ovine and caprine animals not intended for intra-
Community trade.
Article 4c
(1) By way of derogation from Article 4a(1)(a), ovine and caprine
animals for slaughter may be subject to trade after they have been
continuously resident on the holding of origin for at least 21 days.
(2) By way of derogation from Article 4a(1)(b), and without preju-
dice to paragraph 1 and Article 4b(2), ovine and caprine animalsforslaughter may be consigned from a holding of origin into which ovineor caprine animalshave been introduced during the 21 daysprior todispatch, if they are transported directly to a slaughterhouse in another
Member State for immediate slaughter without passing through an
assembly centre or staging point established in accordance with Direc-tive 91/628/EEC.
(3) By way of derogation from Article 4b(3) and (4), and without
prejudice to the provisions in Article 4b(2), ovine and caprine animalsfor slaughter may, after leaving the holding of origin, pass through one
additional assembly centre under the following alternative conditions:
(a) the animals, before passing through the approved assembly centre
referred to in Article 4b(4) which iss ituated in the Member Stateof origin, comply with the following conditions:
(i) after leaving the holding of origin the animalspas sthrough
one single assembly centre under official veterinary supervi-1991L0068 — EN — 09.07.2003 — 007.001 — 6
▼M7
sion, which permits at the same time only animals of at least
the same health status,
(ii) without prejudice to Community legislation on identification
of sheep and goats, at the latest at that assembly centre theanimalsare individually identified s o asto enable in eachcase the tracing of the holding of origin and
(iii) from the assembly centre the animals are, accompanied by an
official veterinary document, transported to the approved
assembly centre referred to in Article 4b(4) to be certifiedand consigned directly to a slaughterhouse in the MemberState of destination;
or
(b) the animalsmay after dis patch from the Member State of origin
transit through one approved assembly centre before beingconsigned to the slaughterhouse in the Member State of destination
under the following conditions:
(i) either the approved assembly centre is situated in the Member
State of destination from where the animals must be removed
under the responsibility of the official veterinarian directly toa slaughterhouse to be slaughtered within five days of arrivalat the approved assembly centre, or
(ii) the approved assembly centre is situated in one Member State
of transit from where the animals are consigned directly to the
slaughterhouse in the Member State of destination indicated inthe animal health certificate issued in accordance with Article9(6).
Article 5
Without prejudice to the additional guaranteesthat may be required in
accordance with Articles7 and 8, ovine and caprine animalsforbreeding and fattening must, in addition to the conditions laid downin Article 4, meet — in order to be introduced onto an officiallybrucellosis-free or brucellosis-free ovine or caprine holding — respec-
tively the requirementsof Chapter I.D or Chapter 2.D of Annex A.
Article 6
Without prejudice to the additional guaranteesthat may be required in
accordance with Articles7 and 8, animalsfor breeding mus t further-more meet the following requirements:
(a) They must have been obtained from a holding and must only have
been in contact with animalsfrom s uch a holding:
(i) in which the following diseases have not been clinically diag-
nosed:
— in the previous six months, contagious agalactia of sheep
(Mycoplasma agalactiae) or contagiousagalactia of goats
(Mycoplasma agalactiae, M. capricolum, M. Mycoïdesvar.mycoïdes ‘large colony’),
— in the previous 12 months, paratuberculosis or caseous
lymphadenitis,
— in the previous three years, pulmonary adenomatosis,
Maedi Visna or caprine viral arthritis/encephalitis.However, thisperiod s hall be reduced to 12 monthsif theanimalsinfected with Maedi Vis na or caprine viral
arthritis/encephalitis have been slaughtered and the
remaining animalshave reacted negatively to two tes tsrecognized under the procedure set out in Article 15,
or which, without prejudice to compliance with the require-
ments for other diseases, provides, for one or more of theabovementioned diseases, within the framework of aprogramme approved in accordance with Articles7 and 8,health guarantees which are equivalent for the said disease ordiseases;1991L0068 — EN — 09.07.2003 — 007.001 — 7
▼B
▼B
(ii) where no facts suggesting that the requirements of point (i)
have not been met, have been brought to the attention of theofficial veterinarian responsible for issuing the health certifi-
cate;
(iii) whose owner states that he has no knowledge of any such
factsand, moreover, s tatesin writing that the animal oranimalsintended for intra-Community trade comply with thecriteria laid down in point (i);
(c) whith regard to contagiousepidydimitis (B. ovis) , non castrated
rams, for breeding, must:
— come from a holding where no case of contagious epidydimitis
(B. ovis) has been diagnosed in the preceding 12 months,
— have been continuously kept on that holding for 60 days prior
to dispatch,
— in the 30 daysprior to dis patch have undergone, with negative
results, a serological test carried out in accordance with AnnexD or satisfy equivalent health guarantees to be recognized underthe procedure laid down in Article 15;
(d) the certificate corresponding to Model III of Annex E states that
these requirements have been met.
Article 7
1. A Member State which hasa compuls ory or voluntary national
control programme or a national monitoring programme for one of the
infectious or contagious diseases ►
M4referred to in Annex B,
Section III ◄for all or part of its territory may submit the said
programme to the Commission, outlining in particular:
— the distribution of the disease in the Member State,
— the reasons for the programme, taking into consideration the impor-
tance of the disease and the programme's likely benefit in relationto itscos t,
— the geographical area in which the programme will be imple-
mented,
— the various status categories to be applied to the holdings, the stan-
dards which must be attained in each category, and the testproceduresto be us ed,
— the programme monitoring procedures,— the action to be taken if, for any reason, a holding loses its status,— the measures to be taken if the results of the tests carried out in
accordance with the provisions of the programme are positive.
2. The Commission shall examine the programmes presented by the
Member States. Programmes as referred to in paragraph 1 may beapproved, in compliance with the criteria laid down in paragraph 1, inaccordance with the procedure provided for in Article 15. According tothe same procedure, the additional guarantees, general or limited,which may be required in intra-Community trade, shall be defined at
the same time or at the latest three months after approval of the
programmes. Such guarantees must not exceed those which theMember State implementsnationally.
3. Programmess ubmitted by Member Statesmay be amended or
supplemented in accordance with the procedure laid down in Article
15. Amendmentsor additionsto programmeswhich have already been
approved or to guaranteeswhich have been defined in accordance withparagraph 2 may be approved under the same procedure.
4. Programmesapproved in accordance with thisArticle s hall
benefit from the Community funding provided for in Article 24 ofCouncil Decision 90/424/EEC of 26 June 1990 on expenditure in the1991L0068 — EN — 09.07.2003 — 007.001 — 8
▼M4
▼B
▼B
veterinary field (1) for the diseases and under the conditions laid down
therein.
Article 8
1. Where a Member State considers that its territory or part of its
territory is free from one of the diseases ►M4listed in Annex B,
Section III ◄to which ovine and caprine animals are susceptible, it
shall present to the Commission appropriate supporting documentation,
setting out in particular:
— the nature of the disease and the history of its occurrence in its
territory,
— the results of surveillance testing based on serological, microbiolo-
gical, pathological or epidemiological investigation and on the factthat the disease must by law be notified to the competent authori-ties,
— the period over which the surveillance was carried out,
— where applicable, the period during which vaccination against the
disease has been prohibited and the geographical area concerned
by such prohibition,
— the arrangements for verifying the absence of the disease.
2. The Commission shall examine supporting documentation
submitted by Member States. The additional guarantees, general or
limited, which may be required in intra-Community trade shall be
defined in accordance with the procedure laid down in Article 15.Such guarantees must not exceed those which the Member State imple-ments nationally. Where supporting documentation is submitted before1 January 1992, decisions on additional guarantees shall be taken
before 1 July 1992.
3. The Member State concerned shall notify the Commission of any
change in the supporting documentation specified in paragraph 1 which
relate to the disease. The guarantees defined as laid down in paragraph2 may, in the light of such notification, be amended or withdrawn inaccordance with the procedure laid down in Article 15.
4. The Commission shall examine as quickly as possible the grounds
submitted by Sweden as regards ovine paratuberculosis and ovinecontagiousagalactia. Following that examination and if it isjus tified,
the provisions of paragraph 2 may be applicable. The appropriate deci-
sions provided for in paragraph 2 shall be adopted as quickly aspossible. Pending those decisions Sweden may, during a period of oneyear from the date of entry into force of the Accession Treaty, apply itsnational rulesin force before that date asregardsthe abovementioneddiseases. The period of one year may if necessary be extended in
accordance with the procedure laid down in Article 15.
Article 8a
(1) Member States shall ensure that, in order to be approved by the
competent authority, assembly centres must at least:
(a) be under the control of an official veterinarian who shall ensure
that, in particular, the provisions of Article 3(5) are complied with;
(b) be located in an area which is not subject to prohibition or restric-
tionsin accordance with relevant Community legis lation and/ornational legislation;
(c) be cleaned and disinfected before use, as required by the official
veterinarian;1991L0068 — EN — 09.07.2003 — 007.001 — 9
(1) OJ No L 224, 18. 8. 1990, p. 19.▼A1
▼M7
▼M7
(d) have, taking into account the animal capacity of the assembly
centre:
— a facility dedicated exclusively for this purpose when used as
an assembly centre,
— appropriate facilitiesfor loading, unloading and adequate
housing of a suitable standard for the animals, for wateringand feeding them, and for giving them any necessary treatment;these facilities must be easy to clean and disinfect,
— appropriate inspection facilities,
— appropriate isolation facilities,
— appropriate equipment for cleaning and disinfecting rooms and
trucks,
— an appropriate storage area for fodder, litter and manure,— an appropriate system for collecting waste water,
— the use of an office for the official veterinarian;
(e) admit only animalswhich are identified in accordance with
Community legislation and comply with the animal health condi-tionss et down in thisDirective for the category of animalsconcerned. To thisend, when animalsare admitted, the owner orperson in charge of the centre shall ensure they are accompaniedby health documentsor appropriate certificatesfor the s peciesand
categoriesinvolved;
(f) be regularly inspected by the competent authority in order to ascer-
tain that the requirementsfor approval continue to be fulfilled.
(2) The owner or person in charge of the assembly centre shall be
required, on the basis either of the accompanying documents for theanimalsor of the identification numbersor marksof the animals , to
record on a register or a database and retain for a minimum period of
three yearsthe following information:
— the name of the owner, the origin, date of entry and exit, number
and identification of the ovine and caprine animalsor the regis tra-tion number of the holding of origin of the animalsentering thecentre, where applicable the approval or registration number of theassembly centre through which the animals have passed prior to
entering the centre and their proposed destination,
— the registration number of the transporter and the licence number of
the lorry delivering or collecting animalsfrom the centre.
(3) The competent authority shall issue an approval number to each
approved assembly centre. Such approval may be limited to one or the
other species covered by this Directive or to animals for breeding orfattening or to animals for slaughter. The competent authority shallnotify the Commission of the list of approved assembly centres and ofany updates. The Commission shall present this list to Member Statesin the framework of the Committee referred to in Article 15(1).
(4) The competent authority may suspend or withdraw approval in
the event of failure to comply with thisArticle or other appropriateprovisions of this Directive or other directives in respect of healthrestrictions. Approval may be restored when the competent authority
is satisfied that that assembly centre is in full compliance with all the
appropriate provisions of this Directive.
(5) The competent authority shall ensure that, when operating,
assembly centres have sufficient approved veterinarians to carry out
all duties.
(6) Any detailed rulesrequired for uniform application of this
Article shall be adopted in accordance with the procedure referred toin Article 15(2).
Article 8b
(1) Member States shall ensure that all dealers are registered and,
for the purpose of intra-Community trade, approved and issued with1991L0068 — EN — 09.07.2003 — 007.001 — 10
▼M7
an approval number by the competent authority and that approved
dealers comply with at least the following conditions:
(a) they must deal only in animals which are identified and come from
holdingsthat conform with the conditionss et out in Article 3. To
this end, the dealer shall ensure that the animals are properly iden-tified and are accompanied by health documentsasappropriate inaccordance with thisDirective;
(b) the dealer shall be required, either on the basis of the document
accompanying the animals, or on the basis of identificationnumbers or marks on the animals, to keep a record or databaseand to store the following data for at least three years:
— the name of the owner, origin, date of purchase, categories,
number and identification of ovine and caprine animalsor
registration number of the holding of origin of the animalspurchased, where applicable, the approval or registrationnumber of the assembly centre through which the animals havepassed prior to purchase and their destination,
— the registration number of the transporter and/or the licence
number of the lorry delivering and collecting animals,
— the name and address of the purchaser and the destination of the
animal,
— copiesof route plansand/or s erial number of health certificates
asapplicable;
(c) when the dealer keeps animals on his premises he shall ensure that:
— specific training is given to the staff in charge of the animals in
applying the requirementsof thisDirective and in the care and
welfare of the animals,
— any necessary controls and tests on the animals are carried out
regularly by the official veterinarian and that all necessary steps
are taken to prevent the spread of disease.
(2) Member States shall ensure that all premises used by a dealer in
connection with his business are registered and issued with an approvalnumber by the competent authority and that they comply with at leastthe following conditions:
(a) they must be under the control of an official veterinarian;
(b) they must be located in an area which is not subject to prohibition
or restrictions in accordance with relevant Community or nationallegislation;
(c) they must have:
— appropriate facilitiesof s ufficient capacity and, in particular,
inspection facilities and isolation facilities so that all animalscan be isolated in the event of an outbreak of a contagious
disease,
— appropriate facilities for unloading and where necessary
adequate housing of a suitable standard for the animals, for
watering and feeding them, and for giving them any necessarytreatment; these facilities must be easy to clean and disinfect,
— an appropriate reception area for litter and manure,— an appropriate system for collecting waste water;
(d) they must be cleaned and disinfected before use, as required by the
official veterinarian.
(3) The competent authority may suspend or withdraw approval in
the event of failure to comply with thisArticle or other appropriate
provisions of this Directive or other Directives in respect of health
restrictions. Approval may be restored when the competent authorityis satisfied that the dealer is in full compliance with all the appropriateprovisions of this Directive.
(4) The competent authority must carry out regular inspections in
order to ascertain that the requirements of this Article are fulfilled.1991L0068 — EN — 09.07.2003 — 007.001 — 11
▼M7
Article 8c
(1) Member States shall ensure that the transporters referred to in
Article 5 of Directive 91/628/EEC meet the following additional condi-tions:
(a) for the carriage of animals they must use means of transport which
are:
— constructed in such a way that the animal faeces, litter or feed
cannot leak or fall out of the vehicle,
— cleaned and disinfected immediately after every animal trans-
port or that of any product which could affect animal health
and if necessary before any new loading of animals, using
disinfectants officially authorised by the competent authority;
(b) they must either have appropriate cleaning and disinfection facil-
itiesapproved by the competent authority, including facilitiesforstoring litter and dung, or they must provide documentary evidencethat these operations are performed by a third party approved bythe competent authority.
(2) The transporter must ensure that for each vehicle used for the
transport of animals a register is kept containing at least the followinginformation which shall be kept for a minimum period of three years:
(i) places and dates of pick-up, and the name or business name and
address of the holding or assembly centre where the animals are
picked up,
(ii) places and dates of delivery, and the name or business name and
address of the consignee(s),
(iii) species and number of animals carried,
(iv) date and place of disinfection,
(v) detailsof accompanying documentation, number, etc.
(3) Transporters shall ensure that the consignment or animals do not
at any time, between leaving the holdings or the assembly centre oforigin and arriving at their destination, come into contact with animalsof a lower health status.
(4) Member States shall ensure that transporters give a written
undertaking stating in particular that:
— all the measures necessary to comply with this Directive shall be
taken and in particular the provisions laid down in this Article andrelating to the appropriate documentation that must accompany theanimals,
— the transport of animals is entrusted to staff who possess the neces-
sary ability, professional competence and knowledge.
(5) Article 18 of Directive 91/628/EEC shall apply in a like manner
in case of infringement of this Article.
Article 9
(1) Ovine and caprine animals must be accompanied during trans-
portation to destination by a health certificate conforming to either
model I, II or III set out in Annex E, as appropriate. The certificateshall 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 of an inte-grated whole and indivisible and shall contain a serial number. It shallbe drawn up on the day of the health inspection, in one of the official
languages of the country of destination at least. The certificate shall be
valid for 10 daysfrom the date of the health ins pection.
(2) The health inspection for the issuing of the health certificate,
including additional guarantees, for a consignment of animals may be
carried out in the holding of origin or in an approved assembly centreor, in the case of animals for slaughter, on approved dealer's premises.For this purpose the competent authority shall ensure that any certifi-cate is drawn up by the official veterinarian after inspections, visitsand controlsasprovided by thisDirective.1991L0068 — EN — 09.07.2003 — 007.001 — 12
▼M7
(3) The official veterinarian for the assembly centre shall carry out
all necessary checks on animals arriving there.
(4) For ovine and caprine animalsfor fattening and breeding
dispatched to another Member State from an approved assembly centrelocated in the Member State of origin, the health certificate referred toin paragraph 1, conforming to either model II or III set out in Annex E
as appropriate, may only be issued on the basis of the checks provided
for in paragraph 3 and of an official document containing the necessaryinformation completed by the official veterinarian responsible for theholding of origin.
(5) For ovine and caprine animals for slaughter dispatched to
another Member State from an approved assembly centre or from anapproved dealer'spremis eslocated in the Member State of origin, thehealth certificate referred to in paragraph 1, conforming to model I setout in Annex E, may only be issued on the basis of the checks
provided for in paragraph 3 and of an official document containing
the necessary information completed by the official veterinarianresponsible for the holding of origin or the assembly centre referred toin Article 4c(3)(a)(i).
(6) For ovine and caprine animals for slaughter passing through an
approved assembly centre in accordance with Article 4c(3)(b)(ii), theofficial veterinarian responsible for the approved assembly centre inthe Member State of transit shall provide certification to the MemberState of destination by issuing a second health certificate, conforming
to model I set out in Annex E, completing it with the requested data
from the original health certificate(s) and attaching to it an officiallyendorsed copy thereof. In this case, the combined validity of the certi-ficatess hall not exceed that provided for in paragraph 1.
(7) The official veterinarian issuing a health certificate for intra-
Community trade conforming to either model I, II or III set out inAnnex E as appropriate, shall ensure that the movement is recorded inthe ANIMO system on the day the certificate is issued.
Article 10
1. The ruleslaid down in Directive 90/425/EEC s hall apply, in parti-
cular to checksat origin, to the organization of, and follow-up to, thechecksto be carried out by the Member State of des tination, and to the
protective measures to be implemented.
2. In Annex A, heading I of Directive 90/425/EEC the following
reference isadded:
‘Council Directive 91/68/EEC of 28 January 1991 on animal health
conditionsgoverning intra-Community trade in ovine and caprineanimals,
OJ No L 46, 19. 2. 1991, p. 19.’
3. In Annex B point A of Directive 90/425/EEC, the first indent is
deleted.
Article 11
1. Veterinary experts from the Commission may, to the extent
necessary to ensure uniform application of this Directive and in coop-eration with the competent national authorities, carry out on-the-spotinspections. The Member State on whose territory inspections are
carried out shall afford all necessary aid to the experts in the accom-
plishment of their task. The Commission shall inform the MemberStates of the outcome of such inspections.
2. General arrangementsfor the application of thisArticle s hall be
adopted in accordance with the procedure laid down in Article 15.
The rules applicable in respect of the inspections referred to in this
Article shall be laid down in accordance with the same procedure.1991L0068 — EN — 09.07.2003 — 007.001 — 13
▼B
▼B
Article 12
Member States which implement an alternative control system
providing guaranteesequivalent to thos e laid down in Article 5 and
Article 6 (a) and (c) asregardsmovementswithin their territory of
ovine and caprine animalsmay grant one another derogationsfromthe inspection provided for under Article 4 (1) (b) and the obligationto produce a certificate provided for under Article 9 on a reciprocalbasis. They shall notify the Commission thereof.
Article 14
(1) Annex A shall be amended by the Council, acting by a qualified
majority on a proposal from the Commission.
(2) AnnexesB, C, D and E s hall be amended in accordance with the
procedure referred to in Article 15(2).
(3) The rulesfor the implementation of thisDirective s hall be
adopted in accordance with the procedure referred to in Article 15(2).
Article 15
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health set up pursuant to Article 58 ofRegulation (EC) No 178/2002 (
1).
2. Where reference ismade to thisArticle, Articles5 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 17
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with:
(i) Articles7 and 8 of thisDirective two monthsafter the notification
date thereof, it being understood that the corresponding nationalprovisions shall continue to apply until the approval of theprogrammesand in the abs ence of programmesuntil the date
referred to in (ii);
(ii) the other provisions of this Directive not later than 31 December
1992.
2. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such referenceon the occasion of their official publication. The methods of makingsuch a reference shall be laid down by the Member States.
Article 18
This Directive is addressed to the Member States.1991L0068 — EN — 09.07.2003 — 007.001 — 14
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.▼M7
▼M6
▼M7
▼B
▼B
ANNEX A
CHAPTER 1
I.Officially brucellosis (B. melitensis) -free ovineorcaprineholding
A.Grant of status
An officially brucellosis (B. melitensis) -free ovine or caprine holding
means
1. a holding:
(a) in which all the animals which are susceptible to brucellosis (B.
melitensis) have been free from clinical or any other signs of
brucellosis (B. melitensis) for at least 12 months;
(b) which containsno ovine or caprine animalswhich have been
vaccinated against brucellosis (B. melitensis), save those vacci-
nated at least two years previously with Rev. 1 vaccine or any
other vaccine approved under the procedure laid down in Article
15 of thisDirective;
(c) in which two tests separated by an interval of six months or more
have been carried out, with negative results, in accordance with
Annex C on all ovine and caprine animalson the holding over
six months of age at the time of testing; and
(d) in which, following the tests referred to in point (c), there are only
ovine or caprine animalsborn on the holding or which have come
from an officially brucellosis-free or brucellosis-free holding
under the conditionslaid down in point D,
and in which, after qualification, the requirementslaid down in point
B continue to be fulfilled;
2. a holding situated in an officially recognized brucellosis-free Member
State or region in accordance with point II.
B.Maintenance of status
1. In the case of officially brucellosis (B. melitensis) -free ovine or
caprine holdingswhich are not s ituated in a part of the territory which
is recognized as officially brucellosis-free, and in which, after qualifi-
cation, the introduction of animalsiscarried out in accordance with
the requirementsof point D, a repres entative number of the ovine
and caprine animals over six months old must be checked annually.
The holding may retain itsofficially brucellos is (B. melitensis) -free
status if the results of the tests are negative.
The representative number of animals to be tested must, for each
holding, consist of the following:
— all non-castrated male animals over six months old,
— all animals brought onto the holding since the previous test,— 25 % of the femaleswhich have reached the age of reproduction
(i.e. which are sexually mature) or are in milk, with a minimum of
50 per holding — except in holdingswhere there are fewer than
50 such females, in which case all females must be tested.
2. For a region which is not officially brucellosis-free where more than
99 % of the ovine or caprine holdingsare declared to be officially
brucellosis (B. melitensis) -free, the frequency of checksof officially
brucellosis-free ovine or caprine holdings may be extended to three
years, provided that the holdings which are not officially brucellosis
free are placed under official control or undergo an eradication
programme.
C.Suspected or actual cases of brucellosis
1. Where, on an officially brucellosis-free ovine or caprine holding,
(a) one or more ovine or caprine animals are suspected of having
brucellosis (B. melitensis), the holding's officially brucellosis-free
status must be withdrawn by the competent authority. However,
that status may be provisionally suspended if the animal or
animals are immediately destroyed or isolated, pending official
confirmation of the disease or an official quashing of the suspi-
cion of that disease;
(b) brucellosis (B. melitensis) is confirmed, the provisional suspension
may be lifted by the competent authority only if all animals
infected or all the animals of species susceptible to infection are
slaughtered and two tests, separated by an interval of at least three1991L0068 — EN — 09.07.2003 — 007.001 — 15
▼B
monthsor more, and carried out in accordance with Annex C on
all the animalsof the holding over s ix monthsold, give negative
results.
2. If the holding referred to in paragraph 1 isin a region which isrecog-
nized asofficially free from brucellos is (B. melitensis), the Member
State concerned must immediately inform the Commission and the
other Member States.
The competent authority of the Member State concerned must:
(a) slaughter all infected animals and all animals of species suscep-
tible to infection on the holding concerned. The Member State
concerned must keep the Commission and the other Member
Statesinformed of the development of the s ituation;
(b) conduct an epidemiological enquiry, and the herdslinked epide-
miologically to the infected herd must undergo the tests laid
down in point 1 (b).
3. Should an outbreak of brucellosis be confirmed in accordance with
point 2, the Commission after having assessed the circumstances of
the renewed outbreak of brucellosis (B. melitensis) shall adopt, if that
assessment so justifies, under the procedure laid down in Article 15, a
decision suspending or withdrawing the status of that region. If the
status is withdrawn, the conditions for a new qualification shall be
specified in accordance with the same procedure.
D.Introduction of animals onto an officially brucellosis (B. melitensis)- free
ovine or caprine holding
Ovine or caprine animalsmay not be introduced into an ovine or caprine
holding which is officially free from brucellosis unless they either:
1. — come from an officially brucellosis-free ovine or caprine holding;
2. or:
— come from a brucellosis-free holding and,
— are identified individually in accordance with Article 4 (1) (a) of
thisDirective,
— have never been vaccinated against brucellosis or if they have
been vaccinated, were so vaccinated more than two years
previously. However, females over two years old which were
vaccinated before the age of seven months may also be brought
onto the holding, and
— were isolated under official supervision on the holding of origin
and, during such isolation underwent, with negative results, two
tests separated by an interval of at least six weeks in accordance
with Annex C.
II.Officially brucellosis-free MemberStateorregion
Any Member State or region within the meaning of Article 2 (10) of this
Directive may be recognized, under the procedure laid down in Article 15,
as being officially brucellosis-free:
1. (a) in which at least 99,8 % of the ovine or caprine holdings are offi-
cially brucellosis-free holdings;
or
(b) which fulfilsthe following conditions :
(i) ovine or caprine brucellosis is a disease that has been compulso-
rily notifiable for at least five years;
(ii) no case of ovine or caprine brucellosis has been officially
confirmed for at least five years;
(iii) vaccination has been prohibited for at least three years; and
(c) for which compliance with these conditions has been established
under the procedure set out in Article 15 of this Directive;
2. in which the conditions set out in point 1 have been satisfied; and
(i) — the first year following recognition of a Member State or region
as brucellosis-free (Br. melitensis) , random checkscarried out at
either holding or slaughterhouse level show with a confidence
rating of 99 % that less than 0,2 % of the holdings were infected,
or at least 10 % of the ovine and caprine animals over six months
of age have undergone a test carried out in accordance with
Annex C with negative results;
— annually, from the second year following recognition of a
Member State or region as brucellosis-free (Br. melitensis) ,1991L0068 — EN — 09.07.2003 — 007.001 — 16
▼M2
▼M2
random checks carried out at either holding or slaughterhouse
level show with a confidence rating of 95 % that less than 0,2 %
of the holdingswere infected, or at leas t 5 % of the ovine and
caprine animals over six months of age have undergone a test
carried out in accordance with Annex C with negative results;
— the provisions laid down in the above two indents may be
amended in accordance with the procedure laid down in Article
15;
This provision shall be reviewed before the entry into force of the
Accession Treaty with a view to its possible amendment, to be
carried out in accordance with the procedure laid down in Article 15.
(ii) the conditionsfor qualification continue to be fulfilled.
CHAPTER 2
Brucellosis (B. melitensis) -free ovineorcaprineholding
A.Grant of status
A. An ovine or caprine holding is considered to be brucellosis (B. meli-
tensis)-free:
1. in which:
(a) all the animals susceptible to brucellosis (B. melitensis) have been
free from clinical or other signs of brucellosis for at least 12 months;
(b) all or some of the ovine or caprine animals have been vaccinated
with Rev. 1 vaccine or any other vaccine approved under the proce-
dure laid down in Article 15 of thisDirective. The vaccinated
animals must have been vaccinated before the age of seven months;
(c) two tests separated by an interval of six months or more have been
carried out, with negative results, in accordance with Annex C, on
all vaccinated ovine and caprine animalson the holding which are
over 18 monthsold at the time of tes ting;
(d) two tests separated by an interval of six months or more have been
carried out, with negative results, in accordance with Annex C, on
all non-vaccinated ovine and caprine animalson the holding which
are over six months old at the time of testing; and
(e) after the tests referred to under points (c) or (d) have been carried
out, all the ovine and caprine animalson the holding were either
born there or come from a brucellosis-free holding under the condi-
tionslaid down in s ection D; and
2. in which the requirementslaid down under B continue to be fulfilled
once it has qualified as brucellosis-free.
B.Maintenance of status
An annual test must be carried out on a representative number of the ovine
and caprine animalson each holding. The holding may retain itss tatusonly
if the tests are negative.
The representative number of animals to be tested must, for each holding,
consist of:
— all non-castrated male animals over six months old which have not been
vaccinated,
— all non-castrated male animals over 18 months which have been vacci-
nated,
— all animals brought onto the holding since the previous test,— 25 % of femaleswhich are of reproductive age (s exually mature) or in
milk, with a minimum of 50 per holding — except in holdingswhere
there are fewer than 50 such females, in which case all these females
must be tested.
C.Suspected or actual cases of brucellosis
1. The brucellosis-free status of an ovine or caprine holding must be with-
drawn if the holding containsone or more ovine or caprine animalswhich
are suspected of having brucellosis (B. melitensis) . However, that status
may be provisionally suspended if the animal or animals are immediately
destroyed or isolated pending official confirmation of the disease or an
official quashing of the suspicion of that disease.
2. If brucellosis (B. melitensis) is confirmed, the provisional suspension may
be lifted only if all animalsinfected or all the animalsof the s pecies
susceptible to infection are slaughtered and two tests, separated by an1991L0068 — EN — 09.07.2003 — 007.001 — 17
▼A1
▼B
▼B
interval of three monthsor more and carried out in accordance with
Annex C on,
— all vaccinated animalsover 18 monthsold,
— all non-vaccinated animalsover s ix monthsold, and
both give negative results.
D.Introduction of animals into a brucellosis (B. melitensis)- free ovine or
caprine holding
The following animalsonly may be introduced into an ovine or caprine
holding which is free from brucellosis:
1. ovine or caprine animalswhich come from an ovine or caprine holding
which isfree from or officially free from brucellos is (B. melitensis);
2. until the date laid down for holdings to qualify as brucellosis-free in
accordance with the eradication plansadopted under Decis ion 90/242/
EEC (1) ovine or caprine animalsfrom holdingsother than thos e referred
to in point 1, provided that they meet the following conditions:
(a) they must be individually identified in accordance with Article 4 (1)
(a) of thisDirective;
(b) they must originate in a holding on which all animals belonging to
species which are susceptible to brucellosis (B. melitensis) have
shown no clinical or other signs of brucellosis (B. melitensis) for at
least 12 months;
(c) (i) — they must not have been vaccinated during the previous two
years;
— they must have been kept under isolation under veterinary
supervision on the holding of origin and, during that period,
must have undergone, with negative results, two tests sepa-
rated by an interval of at least six weeks in accordance with
Annex C; or
(ii) they must have been vaccinated with Rev. 1 vaccine or any other
vaccine approved in accordance with the procedure laid down in
Article 15 of thisDirective before the age of s even monthsand
not less than 15 days before entering the holding of destination.
E.Change of status
A brucellosis (B. melitensis) -free ovine or caprine holding may qualify asan
officially brucellosis (B. melitensis) -free herd after a minimum period of two
yearsif:
(a) it contains no animal which has been vaccinated against brucellosis (B.
melitensis) during the preceding two yearsat leas t;
(b) the conditionslaid down in point D.2. have been complied with
throughout that period;
(c) at the end of the second year, a test carried out, in accordance with
Annex C, on all animals aged over six months has in each case given a
negative result.1991L0068 — EN — 09.07.2003 — 007.001 — 18
(1) OJ No L 140, 1. 6. 1990, p. 123.
▼B
ANNEX B
I(1)
— Foot-and-mouth disease
— Brucellosis (B. melitensis)
— Contagiousepidydimitis (B. ovis)
— Anthrax— Rabies
III
— Contagiousagalactia
— Paratuberculosis— Caseous lymphadenitis— Pulmonary adenomatosis
— Maedi Visna
— Caprine viral arthritis/encephalitis.1991L0068 — EN — 09.07.2003 — 007.001 — 19
(1) Compulsorily notifiable diseases▼M4
▼B
▼B
ANNEX C
Brucellosis (B. melitensis) tests
For a holding to qualify for brucellosis-free status, testing for brucellosis (B.
melitensis) isperformed by meansof the Ros e Bengal method or by the comple-
ment-fixation method described in the Annex to Decision 90/242/EEC or by any
other method recognized in accordance with the procedure laid down in Article
15 of this Directive. The complement-fixation method is used for tests on indi-
vidual animals.
When carrying out the Rose Bengal test, if more than 5 % of the animals on a
holding show a positive reaction, a further test is carried out on every animal on
the holding by meansof the complement-fixation method.
Serum containing 20 or more ICFT units/ml must be regarded as positive in the
complement-fixation test.
The antigens used must be approved by the national laboratory and must be
standardized against the second international standard anti-brucella abortus
serum.1991L0068 — EN — 09.07.2003 — 007.001 — 20
▼B
ANNEX D
Official contagiousepidydimitis (Brucella ovis) test
Complement-fixing test:
The specific antigen used must be approved by the national laboratory and must
be standardized against the international standard anti-brucella ovis serum.
The working serum must be standardized with the international standard anti-
brucella oviss erum prepared by the Central Veterinary Laboratory, Weybridge,
Surrey, United Kingdom.
A serum containing 50 or more International Units per/ml must be regarded as
positive.1991L0068 — EN — 09.07.2003 — 007.001 — 21
▼M7
ANNEX E
1991L0068 — EN — 09.07.2003 — 007.001 — 22
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 23
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 24
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 25
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 26
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 27
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 28
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 29
▼M7
1991L0068 — EN — 09.07.2003 — 007.001 — 30