Proposal for a Council Directive amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animals
Date: 2002-09-12
Institutions: European Commission
Subjects: animal disease, goat, health control, intra-EU trade, sheep, transport of animals

31.12.2002

EN

Official Journal of the European Communities

C 331 E/287

Proposal for a Council Directive amending directive 91/68/EEC as regards reinforcement of
controls on movements of ovine and caprine animals

(2002/C 331 E/45)

(Text with EEA relevance)

COM(2002) 504 final — 2002/0218(CNS)

(Submitted by the Commission on 12 September 2002)

EXPLANATORY MEMORANDUM

The animal health conditions for trade in ovine and caprine animals are laid down in Council Directive
91/68/EEC of 28 January 1991 on animal health conditions governing intra-community trade in ovine and
caprine animals

Since 1991, the animal health conditions governing intra-Community trade in other livestock such as
bovine animals and swine have been modified in order to take account of the evolution of the livestock
sector in the Community and trade in livestock under the conditions of the single market. In particular,
Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and
swine.

Ovine and caprine animals, as well as bovine animals and swine, are susceptible to a common range of
diseases and are frequently kept under similar conditions. It is therefore appropriate to apply similar
animal health standards to ovine and caprine animals as for bovines and swine.

During the 2001 foot-and-mouth disease epidemic in certain parts of the Community sheep primarily
contributed to the spread of disease due to lack of clear clinical signs in combination with frequent
movements. The Commission therefore adopted specific protective measures in order to reinforce the
control on movement of and trade in sheep and goats. These measures are at present laid down in
Decision 2001/327/EC.

An International Conference on the Prevention and Control of foot-and-mouth disease was organised
jointly by the Belgian Presidency of the Council and the Commission in December 2001 after the
closing of the foot-and-mouth disease crisis,
in order to draw the first conclusions from the 2001
outbreak. The Conference called on the Commission to submit suitable proposals for legislative activities
to prevent such outbreaks in future and, if they would occur, to minimise the adverse effects. Amongst
others it was requested that the movement of susceptible animals should be controlled more efficiently
with regard to the health guarantees offered.

The purpose of the present proposal is to reinforce the controls on intra-Community trade in sheep and
goats so as to align these requirements to those approved for animal species susceptible to the same
diseases and managed in a similar system of animal husbandry.

This proposal is part of a package of legislative activities of the Commission to prevent the spread of major
infectious diseases, if they would occur in the Community.

This proposal has no financial implications for the budget of the European Community.

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Official Journal of the European Communities

31.12.2002

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 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,

(6) Therefore, this Directive aims to reinforce the controls on
movement of sheep and goats in order to strengthen the
health guarantees offered by Member States for intra-
Community trade in animals of
these species in line
with Directive 64/432/EEC.

(7) It is necessary to provide a legal basis for the changes to
be made to the health certificates in accordance with the
procedure of the Standing Committee on the Food Chain
and Animal Health and Directive 91/68/EEC needs to be
amended accordingly.

Whereas:

(8) The measures provided for in this Directive must be read

in conjunction with the following:

(1) Council Directive 91/68/EEC (1) lays down animal health
conditions governing intra-community trade in ovine and
caprine animals.

(2) Council Directive 64/432/EEC of 26 June 1964 on animal
in
health problems affecting intra-Community trade
bovine animals and swine (2) was subsequently amended
and updated by Directive 97/12/EC (3) in order to take
account of the developments in the livestock sector in the
Community.

(3) Sheep and goats share with bovine animals and swine, not
only similar husbandry systems, but also susceptibility to
a common range of diseases.

(4) Sheep largely contributed to the spread of foot-and-mouth
disease in certain parts of the Community during the
epidemic in 2001. The animal health conditions for intra-
Community trade in sheep and goats have therefore been
reinforced by Commission Decision 2001/327/EC of
24 April 2001 concerning restrictions to the movement
of animals of susceptible species with regard to foot-
and-mouth
Decision
and
2001/263/EC (4).

repealing

disease

(5) When the foot-and-mouth disease crisis of 2001 came to
an end, an International Conference on the Prevention
and Control of Foot-and-Mouth Disease was organised
jointly by the Belgian Presidency of the Council and the
Commission in December 2001 in order to draw the first
conclusions from the 2001 outbreak. The Conference
called
suitable
proposals for Community legislation to prevent such
outbreaks
their
to minimise the adverse economic effects.
occurrence,
Amongst other
the
movement of susceptible animals be controlled more
efficiently with regard to the health guarantees offered.

in the future, and in the event of

the Commission to

requested that

it was

submit

things,

upon

— Council Directive 92/102/EEC of 27 November 1992
on the identification and registration of animals (5);

— Council Regulation (EC) No 1255/97 of 25 June 1997
concerning Community criteria for staging points and
amending the route plan referred to in the Annex to
Directive 91/628/EEC (6);

— Regulation (EC) No 178/2002 of

the European
Parliament and of the Council of 28 January 2002
laying down the general principles and requirements
of food law, establishing the European Food Safety
Authority and laying down procedures in matters of
food safety (7).

(9) The provisions of Directive 91/68/EEC concerning the
amended to take
Committee procedure
account of the replacement of the Standing Veterinary
Committee by the Standing Committee on the Food
Chain and Animal Health.

should be

(10) Directive 91/68/EEC should therefore be amended,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/68/EEC is amended as follows:

1. Point 9 of Article 2 is replaced by the following:

(1) OJ L 46, 19.2.1991, p. 19. Directive as

last amended by

Commission Decision 2002/261/EC (OJ L 91, 6.4.2002, p. 31).
(2) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by
Commission Regulation (EC) No 535/2002 (OJ L 80, 23.3.2002,
p. 28).

(3) OJ L 109, 25.4.1997, p. 1.
(4) OJ L 115, 25.4.2001, p. 12. Decision as

last amended by

Commission Decision 2002/242/EC (OJ L 82, 26.3.2002, p. 18).

‘9. approved assembly centre means premises as defined in
point (o) of Article 2 (2), and meeting the requirements
referred to in Article 11, of Directive 64/432/EEC;’

(5) OJ L 355, 5.12.1992, p. 32. Directive as last amended by the Act of

Accession of Austria, Finland and Sweden.

(6) OJ L 174, 2.7.1997, p. 1.
(7) OJ L 31, 1.2.2002, p. 1.

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2. Article 4 is replaced by the following:

‘Article 4

The animals shall not be outside their holding of
2.
origin for more than six days before arriving in the
certified holding of destination in another Member State.

1. Member States shall ensure that ovine and caprine
animals:

In the case of transport by sea, the time limit of six days
shall be prolonged by the time of the sea journey.

(a) are

identified and registered in accordance with

Directive 92/102/EEC;

(b) are inspected by an official veterinarian during the 48
hours preceding the loading of the animals, and show
no clinical sign of disease;

(c) do not come from a holding, or have been in contact
with animals from a holding which is the subject of a
prohibition on animal health grounds; the period of
last after the slaughter of the
such prohibition shall
last animal suffering from or susceptible to one of the
diseases referred to in points (i), (ii), or (iii), for at least:

In the case of transit through a staging point in accordance
with the provisions of Regulation (EC) No 1255/97, the
time limit of six days shall be prolonged by the resting
time spent in the staging point.

3.
The animals may transit through only one approved
assembly centre which shall be in the Member State of
origin.

However, animals for slaughter may in addition transit
through one
in a
transit before being consigned to the
Member State of
Member State of destination.

approved assembly centre

single

(i) 42 days in the case of brucellosis;

Article 4b

(ii) 30 days in the case of rabies;

(iii) 15 days in the case of anthrax;

(d) do not come from a holding or have been in contact
with animals from a holding situated in an area which
for health reasons
to a prohibition or
subject
restriction affecting the species involved in accordance
with Community and /or national legislation.

is

2. Member States shall ensure that the following are not
the subject of trade:

(a) ovine and caprine animals which may have to be
slaughtered under a national programme for the eradi-
cation of diseases not
referred to in Annex C to
Directive 90/425/EEC or in Chapter I of Annex B to
this Directive;

(b) ovine and caprine animals which cannot be marketed
on their own territory for health or animal health
reasons justified by Article 30 of the Treaty.

1. Member States shall ensure that the conditions set out
in paragraphs 2 and 3 are applied to intra-Community trade
in ovine and caprine animals for breeding and fattening.

2.
The animals shall have remained on a single holding
of origin for a period of at least 30 days prior to loading, or
since birth in the holding of origin where the animals are
less than 30 days old.

3.
No animal of the ovine or caprine species shall have
been introduced into the holding of origin during the last
21 days of the period prior to loading and no biungulate
animal
imported from a third country shall have been
introduced into the holding of origin during the 30 days
prior to dispatch from the holding of origin, unless the
introduced animal has been completely isolated from all
other animals on the holding.’

4. Article 8(a) is deleted.

5. Article 13 is deleted.

6. Article 14 is replaced by the following:

3. Member States shall ensure that ovine and caprine
animals shall:

‘Article 14

(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.’

The Annexes shall be amended in accordance with the

1.
procedure referred to in Article 15.

2.
Detailed rules necessary for the implementation of this
Directive shall be adopted in accordance with the procedure
referred to in Article 15.’

3. The following Articles are inserted:

7. Article 15(1) is replaced by the following:

‘Article 4a

1. Member States shall ensure that the conditions set out
in paragraphs 2 and 3 are applied to intra-Community trade
in all ovine and caprine animals.

‘1.
The Commission shall be assisted by the Standing
Committee on the Food Chain and Animal Health estab-
lished by Article 58 of Regulation (EC) No 178/2002.’

8. Article 16 is deleted.

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Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 31 December 2002. They shall
forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commission the
texts of the main provisions of domestic law which they adopt
in the field governed by this Directive.

Article 3

This Directive shall enter into force on the third day following
that of its publication in the Official Journal of the European
Communities.

This Directive is addressed to the Member States.