EMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 435 final 
Brussels, 7 November 1991 
Proposal for a 
fiflPNCg REgUlATLQNLJJICJ. 
aying down control rules and measures 
to combat African horse sickness 
Proposal for a 
COUNCIL DIRECTIVE 
?BPP amending Council Directive 90/426/EEC of 26 June 1990 
on animal health conditions governing the 
movement and import from third'countries of equidae 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
African horse sickness is a serious contagious or infectious disease affecting 
equidae. It is caused by a virus transmitted by the Cul icoTdes species. 
Horses, but also zebras, mules and donkeys, are the animals most susceptible 
to this disease. The disease is encountered principally in sub-Saharan 
Africa, but also since 1987 in the south-west of the Iberian Peninsula. The 
Community has already introduced the necessary measures for the 
regionalization of Spain and Portugal. 
The policy to eradicate this disease is highly dependent on the ecology, 
climate and geography of the infected area. 
Article 5(4) of Council Directive 90/426/EEC of 26 June 1990 on animal health 
conditions governing the movement and import from third countries of equidae 
provides for the adoption of Community measures to harmonize rules for 
controlling and measures to combat African horse sickness. 
The purpose of the proposed measures is to eradicate African horse sickness 
and prevent its spread in the event of an outbreak. The measures involve the 
systematic slaughter of infected animals, with or without recourse to 
vaccination, according to the ecological and climatological circumstances of 
the outbreak. 
The measures must be implemented as soon as the presence of the disease is 
suspected in order that effective and immediate action may be taken. 
To ensure the effectiveness of such measures, this proposal places certain 
obligations on the Member States, notably: 
infected animals must be killed and destroyed where the disease is 
conf irmed; 
an area with a radius of 20 km within which strict measures shall be taken 
must be established; 
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an in depth epizootiological enquiry must be carried out where the disease 
is suspected and confirmed; 
- a protection zone (100 km) and surveillance zone (extending 50 km beyond 
the protection zone) must be established; 
laboratories providing the necessary technical assistance to ensure proper 
application of the control measures against the disease must be set up; 
the Commission must be informed of the measures taken. 
The financial implications of this proposal have been taken into account in 
Council Decision 90/424/EEC on expenditure in the veterinary field. 
Directive 90/426/EEC on animal health conditions governing the movement and 
import from third countries of equidae must be amended in order to take 
account of the control rules and measures proposed. 
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PROPOSAL 
for a 
COUNCIL REGULATION 
laying down control rules 
and measures to combat African horse sickness 
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 Council Directive 90/426/EEC of 26 June 1990 on animal health 
conditions governing the movement and import from third countries of equidae1 
seeks to liberalize the movement of equidae on Community territory; whereas, 
under Article 5(4) thereof, Community measures must be introduced to harmonize 
rules for controlling and measures to combat African horse sickness; 
Whereas such measures will make it possible to ensure rational development of 
the farming sector and contribute to the protection of animal health in the 
Commun i t y ; 
Whereas an outbreak of this disease can quickly assume epizootic proportions, 
causing mortality and disturbances on a scale likely to severely reduce the 
profitability of livestock production; 
Whereas control measures must be taken as soon as the presence of the disease 
is suspected so that immediate and effective action can be implemented as soon 
as its presence is confirmed and thereby ensure the protection of animal 
health in the Community; 
1 0J No L 224, 18.8.1990, p. 42. 
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Whereas the measures to be taken must aim to prevent the spread of African 
horse sickness; whereas a strict control of the movement of animals liable to 
transmit the infection and a dis insectization of infected holdings must 
accordingly be carried out; 
Whereas the conditions under which vaccination against African horse sickness 
may be carried out and the rules governing such vaccination must be specified; 
Whereas, in order to ensure more effective control of the disease, action 
should be taken to establish protection and surveillance zones, taking into 
account geographical, administrative, ecological and epizootiological factors; 
Whereas a thorough epizootiological enquiry is essential in order to prevent 
any spread of the disease, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down control rules and measures to combat African horse 
sickness. 
Art icle 2 
For the purposes of this Regulation, the definitions given in Article 2 of 
Directive 90/426/EEC shall apply as and where necessary, except that: 
"holding" means holding within the meaning expressed in Directive 90/426/EEC 
and demarcated territory on which equidae enjoy freedom of movement. 
Furthermore: 
a) "owner or keeper" means any natural or legal person(s) having ownership of 
the equidae or charged with their keep, whether or not for financial 
reward; 
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b) "vector" means insects liable to transmit African horse sickness, in 
particular the CulicoTdes species; 
c) "conf irmat ion" means the declaration, by the competent authority, of the 
presence of African horse sickness, based on clinical or laboratory 
results; 
d) "competent authority" means the veterinary authority appointed for the 
purpose by the national administration, being directly responsible to the 
national administration within the scope of this Regulation and reporting 
through the national administration. 
Art icle 3 
1. Any person suspecting the presence of African horse sickness shall 
immediately inform the competent authority and the owner or keeper by the 
most expeditious means available. 
2. Until such time as the official measures laid down in Article 4 enter into 
force, the owner or keeper of any animal in which disease is suspected 
shall take all appropriate action to comply with the terms of the said 
art icle. 
3. Where information concerning one or more equine animals suspected of being 
infected is received, official means of investigation to confirm or rule 
out the presence of African horse sickness shall be set in motion 
immediately by the competent authority. The official veterinarian shall 
carry out a clinical investigation and laboratory examination of the 
suspect or dead equidae and of the suspect holdings. He shall take 
samples as necessary for the laboratory examinations. 
Art icle 4 
1. As soon as the suspicion of infection has been notified, the competent 
authority shall place the suspect holding(s) as well as all other holdings 
situated within a 20 km radius of it (them) under official surveillance 
and shall order in respect of the area concerned that: 
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a) an official census be made of the species of equidae and of the number 
of equidae already dead, infected or liable to be infected. The 
census must be kept up to date by the owner or keeper to take account 
of equidae born or dying during the period of suspicion; the 
information in the census must be produced at the request of the 
competent authority and may be checked at each inspection; 
b) the holdings be visited regularly by the official veterinarian and 
that each equine animal be examined; 
c) all equidae on the holdings be kept in their living quarters or some 
other place protected against the vector; 
d) all movement of equidae be prohibited; 
e) appropriate means of disinsectization be employed in and around the 
bu iId ings hous ing the equidae; 
f) a census be made of places liable to encourage the survival of the 
vector or accommodate it and appropriate means of disinsectization be 
employed in such places; 
g) an epizootiological enquiry be carried out. 
The epizootiological enquiry shall deal with: 
the length of time during which the disease may have existed on 
the holding before being notified or suspected; 
the possible origin of the disease on the holding and the 
identification of other holdings on which there are equidae which 
may have become infected; 
the presence and distribution of disease vectors; 
the movement of equidae to or from the infected holdings. 
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2. In the case that the zone referred to in paragraph 1 is situated on the 
territory of several Member States, the competent authorities of the 
Member States concerned shall collaborate with a view to establishing the 
area covered by that zone. If necessary, the zone shall be established in 
accordance with the procedure laid down in Article 15. 
3. If necessary, the arrangements for application of the measures provided 
for in paragraph 1 to demarcated territory on which equidae have freedom 
of movement shall be determined in accordance with the procedure laid down 
in Art icle 15. 
4. At all events, the measures covered by this article shall be officially 
discontinued by the competent authority only when there is no longer a 
suspicion of the presence of African horse sickness. 
Art icle 5 
Vaccination against African horse sickness shall be prohibited where such 
vaccination is not practised in accordance with the rules laid down in this 
Régulât ion. 
Art icle 6 
1. As soon as the infection of one or more equine animals on a holding is 
confirmed, the competent authority shall order, in the zone referred to in 
Artcle 4, in addition to the measures set out in that article, that the 
following measures be taken: 
a) The official veterinarian shall take adequate samples with a view to 
the examinations to be carried out by the laboratory. 
b) Infected equidae shall, after dying or being killed, be destroyed by 
burning or disposed of by burial in accordance with Council 
Directive 90/667/EEC of 27 November 1990 laying down the veterinary 
rules for the disposal and processing of animal waste, for its placing 
on the market and for the prevention of pathogens in feedstuffs of 
animal or fish origin and amending Directive 90/425/EEC1. 
1 OJ No L 363, 27.12.1990, p. 51. 
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c) The competent authority shall ensure the systematic vaccination of all 
equidae and their identification by a clear, indelible mark applied by 
an approved method in accordance with the procedure laid down in 
Article 15. However, on the basis of the epizootic, meteorological, 
geographical or climatologicaI circumstances, the vaccination 
requirements may be waived in accordance with the procedure laid down 
in Art icle 14. 
2. The competent authority may extend the measures provided for in 
paragraph 1 if, on account of the geographical, ecological or 
meteorological situation or of movements to or from the holding where the 
disease has been confirmed, there are grounds for suspecting an extension 
of African horse sickness. 
3. Where, in a given region, an epizootic outbreak of African horse sickness 
is exceptionally serious, all supplementary measures to be taken by the 
Member States concerned shall be adopted in accordance with the procedure 
laid down inArticle15. 
4. In order to provide full coordination of all measures necessary to ensure 
eradication of the disease as quickly as possible and for the purpose of 
carrying out the epizootiological enquiry, a crisis unit shall be 
established. 
The general rules concerning national crisis units and the Community 
crisis unit, laid down by Council Regulation (EEC) No .... shall apply. 
Art icle 7 
1. In addition to the measures referred to in Article 6, the competent 
authority shall establish a protection zone and a surveillance zone. The 
establishment of the zones shall take account of the geographical, 
administrative, ecological and epizootic factors connected with African 
horse sickness and of the means of control. 
2. a) The protection zone shall consist of a part of Community territory 
with a radius of at least 100 km around any infected holding. 
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b) The surveillance zone shall consist of a part of Community territory 
of at least 50 km extending beyond the protection zone, in which no 
systematic vaccination has been carried out in the last 12 months. 
c) In the case that such a zone or zones are situated on the territory of 
several Member States, the competent authorities of the Member States 
concerned shall collaborate in order to establish the zones referred 
to in a) and b). However, if necessary, the protection zone and the 
surveillance zone shall be established in accordance with the 
procedure laid down in Article 15. 
3. Following a visit by the Commission's experts, a decision may be taken, in 
accordance with the procedure laid down in Article 15, with a view to 
amending the establishment of the zones defined in paragraph 2, taking 
into account : 
their geographical situation and ecological factors; 
the meteorological conditions; 
the presence and distribution of the vector-, 
the results of the epizootiological studies carried out in accordance 
with this Regulation; 
the results of the laboratory examinations; 
the application of the control measures, in particular the 
disinsectization measures. 
Art icle 8 
1. The following measures shall be applied in the protection zone: 
a) a census of all the holdings comprising equidae shall be undertaken; 
b) regular inspection by the official veterinarian of all the holdings; 
c) the movement and transport of equidae on public or private roads, 
excluding the service roads of holdings, shall be prohibited; 
-lO-
ti) equidae may not be removed from the holding on which they are kept, 
except to be transported directly under official supervision to a 
slaughterhouse for emergency slaughter located in that zone or, if 
that zone has no slaughterhouse under veterinary supervision, to a 
slaughterhouse in the surveillance zone designated by the competent 
author ity. 
2. In addition to the measures provided for in paragraph 1, a decision to 
carry out systematic vaccination of equidae against African horse sickness 
may be taken under the procedure laid down in Article 15 in the protection 
zone which is not covered by the provisions of Article 6(1)(c) concerning 
vaccination. The details concerning the implementation of such 
vaccinâtionshalI be decided, where necessary, according to the same 
procedure. 
3. Derogations from paragraph 1(c) and (d) may be adopted in accordance with 
the procedure laid down in Artcle 15, in particular with regard to the re­
stocking of infected holdings. 
4. The procedure laid down in Article 15 shall be used to determine the 
possible need for sentinel animals and the period of application of the 
measures provided for in paragraphs 1 and 2, which shall not be less than 
12 months where vaccination has been decided in accordance with 
paragraph 2. 
Art icle 9 
1. The measures provided for in Article 8(1) shall apply in the surveillance 
zone. However, if the surveillance zone has no slaughterhouse, the 
equidae may be slaughtered in the protection zone in a slaughterhouse 
designated by the competent authority. 
2. All vaccination against African horse sickness shall be prohibited in the 
surveiI lance zone. 
3. The rules governing the movement of equidae in the surveillance zone and 
the period of application of the measures specified in paragraph 1, which 
shall not be less than the period laid down in article 8(4), shall be 
determined in accordance with the procedure laid down in Article 15. 
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4. The rules governing the movement of equidae between the protection zone 
and the surveillance zone shall be determined in accordance with the 
procedure laid down in Article 15. The rules shall prohibit the removal 
from the holding on which they are kept of equidae vaccinated less than 
60 days previously. 
Article 10 
Notwithstanding Article 8(1)(c) and (d) and Article 9(1), equidae from the 
protection zone and from the surveillance zone may be transported under 
official and continuous supervision and under the conditions laid down in 
Article 5(3) of Directive 90/426/EEC to the quarantine station referred to in 
Article 5(3)(d) of that Directive. 
Article 11 
The competent authority shall take all necessary measures, including the use 
of prominent signposts and warning notices and use of media resources such as 
the press and television to ensure that all persons in the protection and 
surveillance zones are fully aware of the restrictions in force, and shall 
take such steps as may be considered appropriate to ensure the adequate 
enforcement of those measures. 
Article 12 
1. In each Member State, a national laboratory shall be designated to carry 
out the laboratory examinations stipulated in this Regulation. Member 
States shall notify the Commission and other Member States of the national 
Iaborator i es des i gnated. 
2. The Community reference laboratory for African horse sickness is given in 
the Annex. The scope and duties of this laboratory shall be defined in 
accordance with the procedure laid down in Article 15 insofar as they have 
not already been established under Article 28 of Council Decision Decision 
90/424/EEC of 26 June 1990 on expenditure in the veterinary field1. 
1 OJ No L 224, 18.8.1990, p. 19 
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3. The national laboratories referred to in paragraph 1 shall cooperate with 
the Community reference laboratory, in particular concerning confirmation 
of the type and sub-type of the relevant virus and implementation of the 
vaccination measures. 
4. Methods of diagnosis shall be established, where necessary, in accordance 
with the procedure laid down in Article 15. 
Article 13 
Commission veterinary experts may, insofar as is necessary for the uniform 
application of this Regulation and in collaboration with the competent 
national authorities, carry out checks in situ. The Commission shall 
inform the Member States of the results of the checks undertaken. 
A Member State on whose territory such a check is carried out shall 
provide the experts with all the necessary assistance for the 
accomplishment of their task. 
The form and manner of implementation of this article shall be determined 
in accordance with the procedure laid down in Article 15. 
Article 14 
1. Each Member State shall draw up a contingency plan, specifying how it will 
implement the measures laid down in this Regulation. 
This plan should allow access to facilities, equipment, personnel and all 
other appropriate materials necessary for the rapid and efficient 
eradication of the disease. 
2. The criteria to be applied for drawing up those plans shall be those laid 
down in Commission Decision 91/42/EEC which shall apply mutatis mutandis. 
The Commission may, in accordance with Article 15, amend or supplement 
those criteria taking into account the specific nature of the disease. 
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3. Plans drawn up in accordance with the criteria provided for in paragraph 2 
shall be submitted to the Commission not later than three months after 
this Regulation enters into force. 
4. The Commission shall examine the plans in order to determine whether they 
permit the desired objective to be attained and shall suggest to the 
Member State concerned any amendments required, in particular to ensure 
that they are compatible with those of the other Member States. 
The Commission shall approve the plans, if necessary amended, in 
accordance with the procedure laid down in Article 15. 
The plans may subsequently be amended, in accordance with the same 
procedure, to take into account developments in the situation. 
Art icle 15 
1. The Commission shall be assisted by the Standing Veterinary Committee set 
up by Council Decision 68/361/EEC1, hereinafter referred to as "the 
Committee". 
2. Where the procedure laid down in this article is to be followed, the 
following provisions shall apply. 
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, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, each Member 
State may ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the Committee. It shall inform the Committee of the manner in which its 
opinion has been taken into account. 
1 OJ No L 255, 18.10.1968, p. 23. 
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Article 16 
This Regulation shall enter into into force 30 days following its publication 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in 
a I I Member States. 
Done at Brussels, 
For the CounciI 
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ANNEX 
Laboratorio de sanidad y produce ion animal 
Ministerio de Agricultura, Pesca y Alimentacion 
Ctra. Madrid-1 run, Desv. Algete, Km 5,400 
28110 Algete, Madrid 
Spa in. 
- 16 -
PROPOSAL 
for a 
COUNCIL DIRECTIVE 
Of 
amending Directive Council Directive 90/426/EEC of 26 June 1990 on animal 
health conditions governing the movement and import from third countries of 
equidae 
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 Directive 90/426/EEC lays down animal health conditions governing the 
movement and import from third countries of equidae1, whereas the said 
Directive defines the criteria by which parts of the territory of a Member 
State are considered to be infected with African horse sickness and lays down 
the rules applicable to Member States free from the disease-, 
Whereas Regulation (EEC) ..../91 lays down relevant control rules; whereas 
Directive 90/426/EEC must accordingly be amended in order to take account of 
these provisions, 
HAS ADOPTED THIS DIRECTIVE: 
1 OJ No L 224, 18.8.1990, p. 42. 
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Article 1 
Directive 90/426/EEC is hereby amended as follows: 
1. Article 2(f) is replaced by the following: 
"f) 'Third country free from African horse sickness' means any third country 
in which there has been no clinical, serological (in unvaccinated equidae) or 
epidemiological evidence of African horse sickness on the territory concerned 
in the previous two years and in which there have been no vaccinations against 
the disease during the previous 12 months." 
2. Article 5 is replaced by the following: 
"Article 5 
1. A Member State may dispatch equidae from that part of its territory 
which is considered to be infected within the meaning of 
paragraph 2(a) only under the conditions set out in paragraph 3. 
2.a) The part of the territory considered to be infected with African 
horse sickness shall comprise a protection zone and a surveillance 
zone established in accordance with Article 7 of Regulation (EEC) 
.../91. 
b) All vaccinated equidae found in the protection zone must be 
registered and identified in accordance with Artice 6(1)(c) of 
Regulation (EEC) .../91. 
The identification document and/or health certificate shaI I carry 
a clear reference to such vaccination. 
3. A Member State may dispatch from the territory referred to in 
paragraph 2(a) only equidae which meet the following requirements: 
a) they must be dispatched only during certain periods of the year, 
having regard to the activity of vector insects, to be determined 
by the Commission; 
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b) they must show no clinical symptom of African horse sickness on 
the day of the inspection referred to in Article 4(1); 
c) - if they have not been vaccinated against African horse sickness, 
they must have undergone and reacted negatively to a complement 
fixation test for African horse sickness as described in Annex D, 
on two occasions, with an interval of between 21 and 30 days 
between the two tests, the second of which must have been carried 
out during the 10 days prior to dispatch, 
if they have been vaccinated, they must not have undergone 
vaccination during the previous two months and must have undergone 
the fixation test described in Annex D at the aforementioned 
intervals without having recorded an increase in the antibody 
count. The Commission may, following the opinion of the 
Scientific Veterinary Committee, recognize other monitoring 
methods; 
d) they must have been kept in a quarantine station for a minimum 
period of 40 days prior to dispatch. The quarantine stations 
concerned shall, where necessary, be approved by the Commission; 
e) they must have been protected from vector insects during the 
period of quarantine and during transportation from the quarantine 
station to the place of dispatch". 
Art icle 2 
The implementing decisions adopted on the basis of Article 5 of 
Directive 90/426/EEC shall remain valid. 
Artcle 3 
Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive no later than 
31 December 1991. They shall forthwith inform the Commission thereof. 
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Where Member States adopt such provisions, the latter shall contain a 
reference to this Directive or shall be accompanied by such a reference at the 
time of their official publication. The form of such reference shall be 
determined by the Member States. 
Art icle 4 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the CounciI 
ISSN 0254-1475 
CQM(91) 435 final 
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Catalogue number : CB-CO-91-496-EN-C 
ISBN 92-77-77346-4 
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