30. 12. 89 Official Journal of the European Communities No C 327/61 
Proposal for a Council Regulation (EEC) on animal health conditions governing intra-Community 
trade in and import from third countries of live equidae 
COM(89) 503 final 
(Submitted by the Commission on 30 October 1989) 
(89/C 327/12) 
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, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas equidae, being live animals, are included in the list 
of products in Annex II to the Treaty; 
Whereas in order to ensure the rational development of 
equidae production, thereby increasing productivity in that 
sector, rules governing the marketing of equidae in 
intra-Community trade must be laid down at Community 
level; 
Whereas the breeding and rearing of equidae and in 
particular of horses is generally included in the farming 
sector; whereas it constitutes a source of income for part of 
the farming population; 
Whereas disparities as regards animal health conditions in 
the Member States should be eliminated in order to 
encourage intra-Community trade in equidae; 
Whereas, in order to encourage the harmonious development 
of intra-Community trade, a Community system should be 
laid down to govern imports from third countries; 
Whereas the provisions of this Regulation should not, in 
principle, apply to specific trade of a local nature; 
Whereas, in order to be the subject of intra-Community 
trade, equidae must satisfy certain animal health 
requirements, so as to avoid the spreading of contagious 
diseases; 
Whereas transport conditions should be laid down for the 
same reason; 
Whereas, to ensure that those requirements are satisfied 
provision must be made for the issue by an officiel 
veterinarian of a health certificate to accompany the equidae 
to their place of destination; destination and the safeguard measures to be implemented, 
reference should be made to the general rules laid down in 
Council Regulation (EEC) concerning veterinary checks in 
intra-Community trade in view of the completion of the 
internal market; 
Whereas provision should be made for autonomous checks 
to be carried out by the Commission; 
Whereas defining Community provisions applicable to 
imports from third countries requires a list to be drawn up of 
third countries or parts of third countries from which equidae 
may be imported; 
Whereas the choice of these countries must be based on 
criteria of a general nature such as the state of health of the 
livestock, the organization and powers of the veterinary 
services and the health regulations in force; 
Whereas, in addition, importation of equidae should not be 
authorized from countries infected with contagious or 
infectious animal diseases which present a risk to 
Community livestock or which have been free from such 
infection for too short a period; whereas such considerations 
are also valid for importation from third countries in which 
vaccination against such diseases is carried out; 
Whereas the general conditions applicable to importation 
from third countries must be supplemented by special 
conditions drawn up on the basis of the health situation in 
each of them; whereas, owing to the technical nature and the 
diversity of the criteria on which these special conditions 
depend, there must, in order to define them, be recourse to a 
flexible and rapid Community procedure in which the 
Commission and the Member States cooperate closely; 
Whereas the presentation of a standard form of certificate 
upon importation of equidae constitutes an effective means 
of verifying that the Community rules are being applied; 
whereas such rules may include special provisions which may 
vary according to the third country concerned, and whereas 
this must be taken into account in drawing up the standard 
forms of certificate; 
Whereas official Community veterinarians should be 
responsible for verifying that the regulations are observed, 
particularly in third countries; 
Whereas, in respect of the organization of and the follow-up 
to the checks to be carried out by the Member State of Whereas inspection carried out upon importation must cover 
the origin and the state of health of the equidae; 
No C 327/62 Official Journal of the European Communities 30. 12. 89 
Whereas the Member States must be allowed, on the arrival 
of equidae in the territory of the Community and during 
transit to their place of destination, to take all measures, 
including slaughter and disposal, required for the purpose of 
safeguarding the health of humans and animals; 
Whereas inspection of equidae is carried out in the general 
interests of the Community; whereas it should therefore be 
stipulated that the inspection be carried out in premises 
approved in accordance with Community criteria and a 
Community procedure; 
Whereas every Member State must have the right to place an 
immediate prohibition on imports from a third country when 
such imports may be dangerous for animal health; whereas in 
such a case coordination of the attitudes of the Member 
States with regard to this third country must be assured 
without delay, without prejudice to possible amendments to 
the list of countries authorized to export to the 
Community; 
Whereas the provisions of this Regulation should be revised 
in connection with the completion of the internal market; 
Whereas provision should be made for a procedure 
establishing close and effective cooperation between the 
Commission and the Member State within the Standing 
Veterinary Committee, 
HAS ADOPTED THIS REGULATION: 
CHAPTER I 
General provisions 
Article 1 
1. This Regulation lays down animal health conditions 
for intra-Community trade in and import from third 
countries of live equidae. 
2. (a) This Regulation shall not apply to trade in equidae 
which: 
— are being ridden or taken, for sporting or 
recreational purposes, along roads situated near 
internal borders of the Community, 
— are taking part in cultural or similar events or in 
activities organized by local riding clubs situated 
near internal borders of the Community, 
— are intended solely for temporary pasturing near 
internal borders of the Community; 
(b) However, if necessary, the Commission shall adopt, 
in accordance with the procedure laid down in 
Article 24, special rules for such trade. Article 2 
For the purposes of this Regulation: 
(a) 'holding' means an agricultural or training 
establishment, a stable or, generally speaking, any 
premises or facilities in which equidae are habitually 
kept or bred; 
(b) 'equidae' means animals of the equine or asinine species 
or the offspring of crossings of those species; 
(c) 'equidae for slaughter' means equidae intended to be 
transported directly to the slaughterhouse for 
slaughter; 
(d) 'equidae for breeding or production' means equidae 
other than as referred to in (c) and in particular those 
intended for breeding, meat production, draught 
purposes, riding, or exhibition for sales purposes, or 
belonging to a circus or show; 
(e) 'equidae intended for sporting events' means equidae for 
breeding or production, registered by an officially 
recognized breeders' organization or association and 
intended, in particular, for participation in 
competitions; 
(f) 'compulsorily notifiable diseases' means the diseases, as 
listed in Annex A, whose presence or suspected presence 
must be notified to the competent authority of the 
Member State; 
(g) 'official veterinarian' means the veterinarian designated 
by the competent central authority of a Member State or 
a third country; 
(h) 'temporary admission' means that status of an animal 
intended for sporting events originating in a third 
country and admitted into Community territory for a 
period not exceeding 90 days. 
CHAPTER II 
Rules for Intra-community trade 
Article 3 
Member States shall send to another Member State only 
equidae which satisfy the conditions laid down in 
Article 4. 
Article 4 
1. The equidae must show no clinical sign of disease at 
inspection. Inspection must take place during a period of 48 
hours preceding their loading. 
2. The equidae must not have been in contact with 
equidae suffering from an infectious or contagious disease 
during a period of 15 days preceding their loading. 
3. The equidae must not be intended for slaughter under a 
national programme of contagious or infectious disease 
eradication. 
30. 12. 89 Official Journal of the European Communities No C 327/63 
4. The equidae must be identified by an official approved 
method. The identification methods shall be laid down, 
where necessary, in accordance with the procedure laid down 
in Article 24. 
5. The equidae must not have been obtained from a 
holding or have been in contact with equidae subject to a 
prohibition for health reasons. 
(a) The prohibition must be linked to the outbreak of a 
compulsorily notifiable disease. 
(b) If all the animals of species susceptible to the disease 
have not been slaughtered, the period of prohibition 
concerning the holding must be at least: 
— six months in the case of equidae suspected of having 
contracted dourine, beginning on the date of the last 
actual or possible contact with a sick animal. 
However, in the case of a stallion, the prohibition 
shall apply until the animal is castrated, 
— six months in the case of glanders or equine 
encephalomyelitis, beginning on the day on which 
the equidae suffering from the disease in question are 
slaughtered, 
— three months in the case of infectious anaemia, 
beginning on the day on which the equidae suffering 
from the disease are slaughtered, 
— one month from the last recorded case, in the case of 
rabies, 
— 15 days from the last recorded case, in the case of 
anthrax. 
(c) If all the animals of species susceptible to the disease 
have been slaughtered and the premises disinfected, the 
period of prohibition shall be 30 days, beginning on the 
day on which the animals were destroyed and the 
premises disinfected, except in the case af anthrax where 
the period of prohibition shall be 15 days. 
Article 5 
The equidae must be transported directly, as soon as 
possible, from the holding of origin to the place of 
destination in vehicles or containers which have first been 
cleansed and disinfected with a disinfectant officially 
authorized in the exporting country. The vehicles shall be 
designed in such a way that equidae droppings, litter or 
fodder cannot escape from the vehicle during transportation. 
Transportation must be effected in such a way that the health 
status of the equidae can be protected effectively. 
Article 6 
The equidae must be accompanied during transportation by 
a health certificate conforming to Annex B. This certificate 
shall be drawn up during a period of 48 hours preceding their 
loading, in at least one of the official languages of the country 
of destination. The duration of validity of the certificate shall 
be 10 days. The certificate shall consist of a single sheet. Article 7 
The rules laid down in Regulation (EEC) shall apply, in 
particular with respect to the organization of and the action 
to be taken following the checks carried out by the country of 
destination, and the safeguard measures to be applied. 
Article 8 
Commission veterinarians may, to the extent necessary to 
ensure uniform application of this Regulation, carry out 
on-the-spot inspections. The Commission shall inform the 
Member States of the outcome of such inspections. 
The Member State in whose territory an inspection is carried 
out shall give the veterinarians all the assistance necessary to 
carry out their task. 
General rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 24. A code of rules to be followed during the 
inspections provided for in this Article shall be adopted in 
accordance with the same procedure. 
CHAPf ER HI 
Rules for imports from third countries 
Article 9 
Equidae imported into the Community must satisfy the 
conditions laid down in Articles 10 to 14. 
Article 10 
1. The equidae must have originated in a third country, or 
part of a third country, appearing on a list drawn up by the 
Commission in accordance with the procedure laid down in 
Article 24. This list may be supplemented or amended in 
accordance with the same procedure. 
2. In deciding whether a third country, or part thereof, 
may appear on the list referred to in paragraph 1, particular 
account shall be taken of: 
(a) the state of health of the livestock, of other domestic 
animals and of wildlife in the third country, particular 
attention being paid to exotic animal diseases which 
might endanger the health of humans and livestock in 
the Member States; 
(b) the environmental health situation of the third 
country; 
(c) the regularity and rapidity of the information supplied 
by the third country relating to the existence of 
No C 327/64 Official Journal of the European Communities 30. 12. 89 
infectious or contagious animal diseases in its territory, 
in particular those diseases mentioned in Lists A and B of 
the International Office of Epizootic Diseases; 
(d) the third country's rules on animal disease prevention 
and control; 
(e) the structure of the veterinary services in the third 
country and their powers; 
(f) the organization and implementation of measures to 
prevent and control infectious or contagious animal 
diseases; 
(g) the guarantees which the third country is able to give 
with regard to compliance with this Regulation. 
Article 11 
1. The equidae must come from third countries: 
(a) which have been free for two years from African horse 
sickness and equine encephalomyelitis; 
(b) which have been free for six months from dourine and 
glanders; 
(c) in which animals have not been vaccinated during the 
preceding two years against the diseases referred to 
under (a). 
2. The Commission may, in accordance with the 
procedure laid down in Article 24, decide that the provisions 
of paragraph 1 shall apply only to a part of the territory of a 
third country. 
Article 12 
Before the day of loading for transportation to the Member 
State of destination, the equidae must have remained without 
interruption in the territory or part of the territory of a third 
country for a period to be determined in the decision to be 
adopted pursuant to Article 13. 
Article 13 
The equidae must meet the animal health conditions laid 
down in accordance with the procedure laid down in 
Article 24. These conditions may vary according to the 
species and the destination of the equidae. 
Article 14 
1. The equidae must be accompanied by a certificate 
drawn up by an official veterinarian of the exporting third 
country. This certificate must: 
(a) be issued on the day of loading of the animals for 
dispatch to the country of destination; 
(b) be drawn up in at least one of the official languages of 
the Member State of destination and one of those of the Member State in which the import inspection provided 
for in Article 17 is carried out; 
(c) accompany the animals in the original; 
(d) attest that the equidae satisfy the requirements of this 
Regulation and those laid down pursuant to this 
Regulation with regard to importation from third 
countries; 
(e) consist of a single sheet; 
(f) be made out for a single consignee. 
2. The certificate must comply with a model established 
in accordance with the procedure laid down in Article 24. 
Article IS 
On-the-spot inspections shall be carried out by veterinarians 
of the Member States and the Commission to ensure that the 
provisions of this Regulation, in particular Article 10 (2) 
thereof, are actually being applied. 
The Member States' veterinarians responsible for these 
inspections shall be appointed by the Commission on 
proposals from the Member States. 
The inspections shall be carried out on behalf of the 
Community, and the latter shall bear the costs. 
The frequency of the inspections and the inspection 
procedure shall be fixed in accordance with the procedure 
laid down in Article 24. 
Article 16 
1. The Commission may, in accordance with the 
procedure laid down in Article 24, decide that imports from 
a third country or part of a third country are to be confined to 
particular species, to equidae for slaughter, to equidae for 
breeding or production, to equidae for sporting events, to 
equidae admitted temporarily into Community territory, or 
to equidae intended for special purposes. 
2. The Commission may decide, in accordance with the 
procedure laid down in Article 24, to apply, after 
importation, all necessary animal health measures. 
Article 17 
1. Equidae arriving in the customs territory of the 
Community shall be subjected to an animal health inspection 
carried out by an official veterinarian before being released 
for free circulation or placed under customs control. 
2. Equidae may not be imported if, during the inspection 
prescribed in paragraph 1, it is found that: 
— the equidae do not come from the territory of a third 
country, or part thereof, included in the list drawn up in 
accordance with Article 10 (1), 
30. 12. 89 Official Journal of the European Communities No C 327/65 
— the equidae are, or are suspected of being, infected with 
or contaminated by an infectious or contagious 
disease, 
— the conditions laid down in this Regulation have not been 
complied with by the exporting third country, 
— the certificate accompanying the animals does not 
comply with the conditions set out in Article 14. 
3. During the inspection referred to in paragraph 1, all 
the necessary measures shall be taken, including: 
(a) — the placing in quarantine of equidae which are 
suspected of being infected with or contaminated by 
an infectious or contagious disease, 
— in the case referred to in the fourth indent of 
paragraph 2, at the request of the consignor, the 
consignees or their representative, the keeping of the 
equidae under supervision pending clearance of the 
certificate; 
(b) the return of equidae which cannot be admitted 
provided that this is not contrary to considerations of 
animal health. 
Where it is not possible to return the equidae, the 
competent authority shall order their slaughter and 
designate the place of slaughter; 
(c) slaughter and destruction of all equidae in the 
consignment in question if the above-mentioned 
inspection shows evidence or suspicion of one of the 
epizootic diseases on the list established in accordance 
with the procedure laid down in Article 24. 
4. The certificate accompanying equidae on importation 
must, following the animal health inspection, include a 
statement clearly indicating whether the animals have been 
admitted or refused entry. 
5. While the equidae are being taken across Community 
territory to the Member State of destination, the Member 
States may implement the measures referred to in the first 
indent of paragraph 3 (a) and in paragraph 3 (c) if the 
equidae are, or are suspected of being, infected with or 
contaminated by an infectious or contagious disease. 
6. Equidae which have obtained an import authorization 
and the destination of which is not the Member State which 
carried out the inspection laid down in paragraph 1 must be 
forwarded to the country of destination under customs 
supervision without being unloaded. 
7. Equidae which have satisfied the inspection prescribed 
in paragraph 1 shall undergo any further inspections 
necessary in the Member State of destination in order to 
verify whether the requirements of this Regulation, including 
the special conditions defined pursuant to Articles 13 and 16 
have been complied with. 
8. All expenditure incurred pursuant to this Article, 
including the cost of the slaughter or destruction of animals, shall be chargeable to the consignor, the consignee or their 
representative without compensation by the Member State 
concerned. 
Article 18 
Immediately upon arrival in the country of destination, 
equidae for slaughter shall be taken directly to a 
slaughterhouse and, in accordance with animal health 
requirements, be slaughtered within a period of time 
specified in the decision to be adopted pursuant to 
Article 13. 
Without prejudice to any special conditions which may be 
adopted in accordance with the procedure laid down in 
Article 24, the competent authority of the Member State of 
destination may, on animal health grounds, designate the 
slaughterhouse to which equidae must be taken. 
Article 19 
1. The Commission, in accordance with the procedure 
laid down in Article 24, shall fix the general conditions to 
which frontier inspection posts for the importation of 
equidae must conform. 
2. The Member States shall draw up and communicate to 
the Commission the lists of frontier inspection posts for the 
importation of equidae which conform to the conditions laid 
down under paragraph 1. 
3. Veterinary experts shall verify that the facilities at the 
inspection posts comply with the conditions laid down 
pursuant to paragraph 1 and that inspections are carried out 
in accordance with this Regulation. 
Detailed rules for the application of this paragraph shall be 
adopted in accordance with the procedure laid down in 
Article 24. 
4. All the expenditure incurred in connection with the 
application of paragraph 3 shall be borne by the 
Community. 
Article 20 
1. If an infectious or contagious animal disease likely to 
endanger the health of livestock in one of the Member States 
breaks out or spreads in a third country or if any other reason 
connected with animal health justifies it, the Member State 
concerned or the Commission shall prohibit the importation 
of equidae, whether imported directly or indirectly through 
another Member State, from either the whole of the third 
country or part of its territory. 
2. Measures taken by the Member States under 
paragraph 1, and notice of the repeal of such measures, must 
be communicated immediately to the other Member States 
and the Commission, together with the reasons therefor. 
No C 327/66 Official Journal of the European Communities 30. 12. 89 
3. In accordance with the procedure laid down in 
Article 25, the measures referred to in paragraph 1 may be 
amended, in particular in order to ensure their coordination 
with measures adopted by the other Member States, or may 
be withdrawn. 
4. If the situation envisaged in paragraph 1 arises and if it 
appears necessary that other Member States should also 
apply the measures taken pursuant to that paragraph, 
amended where necessary in accordance with paragraph 3, 
appropriate provisions shall be adopted in accordance with 
the procedure laid down in Article 25. 
5. Resumption of importation from the third country 
concerned shall be authorized in accordance with the 
procedure laid down in Article 25. 
CHAPTER IV 
Final provisions 
Article 21 
For the purposes of the Regulation, the territory of the 
Benelux Economic Union shall be considered to be a single 
Member State. 
Article 22 
The provisions of this Regulation shall be reexamined before 
31 December 1991 in the framework of the proposals 
relating to the completion of the internal market. 
Article 23 
The Annexes to this Regulation shall be amended in 
accordance with the procedure laid down in Article 24. 
Article 24 
1. The Commission shall be assisted by the. Standing 
Veterinary Committee (hereinafter 'the Committee') set up 
by Council Decision 68/361/EEC (*). 
2. Where the procedure laid down in this Article is to be 
followed the provisions set out below shall apply. 
3. The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time-limit which the chairman may lay down according to 
the urgency of the matter. The opinion shall be delivered by 
the majority laid down in Article 148 (2) of the Treaty in the 
case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the representatives of the Member States within the Committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 
4. The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
5. If the measures envisaged are not in accordance with 
the opinion of the Committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the Council a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. 
If, on the expiry of a period of three months after the matter 
was referred to it, the Council has not acted, the proposed 
measures shall be adopted by the Commission. 
Article 25 
1. Where the procedure laid down in this Article is to be 
followed the provisions set out below shall apply. 
2. The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time-limit which the chairman may lay down according to 
the urgency of the matter. The opinion shall be delivered by 
the majority laid down in Article 148 (2) of the Treaty in the 
case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the 
representatives of the Member States within the Committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 
3. The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
4. If the measures envisaged are not in accordance with 
the opinion of the Committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the Council a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. 
5. If, on the expiry of a period of 15 day after the matter 
was referred to it, the Council has not acted, the proposed 
measures shall be adopted by the Commission. 
Article 26 
This Regulation shall enter into force on the 30th day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
(0 OJ No L 255, 18. 10. 1968, p. 23. 
30. 12. 89 Official Journal of the European Communities No C 327/67 
ANNEX A 
The following diseases are compulsorily notifiable: 
— dourine 
— glanders 
— equine encephalomyelitis (of all types) 
— infectious anaemia 
— rabies 
— anthrax 
ANNEX B 
MODEL 
HEALTH CERTIFICATE 
for trade in equidae between Member States of the EEC 
EQUIDAE 
No: 
Exporting country: 
Responsible Ministry: 
Responsible department: 
I. Number of equidae: 
II. Identification of equidae 
Number of equidae Mare, stallion gelding, foal Official marks, other marks or brands (') 
No of identity pass(es) (J) 
III. Origin and destination of animals 
The animals will be sent: 
from 
(Place of loading) 
to 
(Member State and place of destination) 
(') An identity pass may be attached to this certificate providing its number is stated. 
No C 327/68 Official Journal of the European Communities 30. 12. 89 
Name and address of consignor: 
Name and address of consignee: 
IV. Health information 
I, the undersigned, certify that the equidae described above meet the following requirements: 
a) they have today been examined, and show no clinical sign of disease; 
b) they are not intended for slaughter under a national programme of contagious or infectious disease 
eradication; 
c) they have not been obtained from a holding which was subject to prohibition for animal health reasons nor 
had contact with equidae from a holding which was subject to prohibition for animal health reasons for the 
periods of time set out in Article 4 (5) (b) of Regulation (EEC); 
d) to the best of my knowledge, they have not been in contact with equidae suffering from an infectious or 
contagious disease in the 15 days prior to loading. 
V. This certificate is valid for 10 days. 
Done at on 
J Stamp 
1 I 
\ i (Signature) 
\ / (Name in block letters and title of signing veterinarian) (2) 
(2) In Germany 'Beamteter Tierarzt'; in Belgium 'Inspecteur veterinaire' or 'Inspecteur Dierenarts'; in France 'Directeur des services 
veterinaires du departement'; in Italy 'Veterinario provinciale'; in Luxembourg 'Inspecteur veterinaire'; in the Netherlands 
'Inspecteur-Districthoofd'; in Denmark 'Autoriseret Dyrlasge'; in Ireland 'Veterinary Inspector'; in the United Kingdom 
'Veterinary Inspector'; in Greece ' '; in Spain 'Inspector Veterinario' and in Portugal 'Inspector veterinario'. 
Proposal for a COUNCIL REGULATION (EEC) on the zootechnical and genealogical conditions 
governing intra-Community trade in equidae 
COM(89) 503 final 
(Submitted by the Commission on 30 October 1989) 
(89/C 327/13) 
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, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, Whereas equidae, being live animals, are included in the list 
of products in Annex II to the Treaty; 
Whereas in order to ensure the rational development of 
equidae production, thereby increasing productivity in that 
sector, rules governing the marketing of equidae in 
intra-Community trade must be laid down at Community 
level; 
Whereas the breeding and rearing of equidae and in 
particular of horses is generally included in the farming 
sector; whereas it constitutes a source of income for part of 
the farming population and should therefore be 
encouraged;