Opinion of the European Economic and Social Committee on the "Proposal for a Council Directive amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animals" (COM(2002) 504 final — 2002/0218 (CNS))
Date: 2002-12-11
Institutions: European Economic and Social Committee
Subjects: animal disease, goat, health control, intra-EU trade, sheep, transport of animals

C 85/36

EN

Official Journal of the European Union

8.4.2003

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council
Directive amending Directive 91/68/EEC as regards reinforcement of controls on movements of
ovine and caprine animals’

(COM(2002) 504 final — 2002/0218 (CNS))

(2003/C 85/10)

On 9 October 2002 the Council decided to consult the European Economic and Social Committee, under
Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Specialised Section for Agriculture, Rural Development and the Environment, which was responsible
for preparing the Committee’s work on the subject, adopted its opinion on 13 November 2002. The
rapporteur was Mr Fakas.

At its 395th plenary session on 11 and 12 December 2002 (meeting of 11 December), the European
Economic and Social Committee adopted the following opinion by 97 votes to 1, with 5 abstentions.

1.

Introduction

1.1.
In the middle of the 1960s the Council adopted, based
on a proposal of the Commission, Directive 64/432/EEC on
animal health problems affecting intra-Community trade in
bovine animals and swine; this was subsequently updated and
amended by Directive 97/12/EC in order to take account of
the new requirements created by the single European market.

1.2.
A corresponding, or at least equivalent, system for the
transport of sheep and goats within the EEC was not adopted
at that time; nor was it in the 1970s or 1980s, because of the
limited movement of sheep and goats within the EU, but also
because of the absence of a common regime in this sector
until the beginning of the 1980s.

1.3.
The lack of such legislation first became noticeable
when intra-Community trade in live sheep and goats increased,
mainly because of the creation of a common policy for sheep
meat and goat meat in 1981, the EEC’s progressive enlargement
to include new countries with a sizeable number of sheep and
goats — namely Greece, Spain and Portugal — but also
because of the operation of the single market from 1991
onwards.

1.4.
Thus the start of the 1990s saw the adoption of
Directive 91/68/EEC on ‘animal health conditions governing
intra-Community trade in ovine and caprine animals’, corre-
sponding to the conditions laid down by Directive 64/432/
EEC on bovine animals and swine, but without a precise
equivalence between the two Directives.

The differences between these two Directives can be
1.5.
summed up as relating to approved assembly centres and their
facilities, inspections, and the conditions governing movement
of the animals.

1.6.
The relevant provisions on sheep and goats were not
comprehensively updated in the 1990s, despite the fact that
the Community acquis was constantly extended to include
animal health conditions for intra-Community trade in ani-
mals, animal welfare and the traceability to the point of origin
in the event of emergencies.

1.7.
Strong pressure for making the health conditions for
the movement of sheep and goats equivalent to those for
bovine animals and swine developed during the foot-and-
mouth crisis of 2001, in which sheep and goats were of major
epidemiological importance. They are susceptible to infection,
may develop a carrier state as do other ruminants. and
frequently display only very mild clinical signs easily over-
looked and in many cases masked by similar symptoms of
different etiology.

1.8.
During the 2001 FMD epidemic the Commission
adopted specific Decisions restricting the dispatch from infect-
ed Member States or regions thereof of
live animals of
susceptible species, their germinal products and products
derived form such animals. In addition and as a matter of
precaution the Commission also adopted right
from the
beginning restrictions on the movement within and between
FMD-free Member States of animals of susceptible species. On
24 April 2001 Commission Decision 2001/327/EC concern-
ing restrictions to the movement of animals of susceptible
species with regard to foot-and-mouth disease was adopted,
which will remain in force at least until 31 December 2002.
The latter Decision includes provisions on reinforced controls
on intra-Community trade in sheep and goats and the use of
staging points established for animal welfare reasons.

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1.9.
The proposed amendment of Directive 91/68/EEC,
which is in line with the provisions of Decision 2001/327/EC,
arose from the need for a complete, permanent and long-term
response to the problems arising from dangerous epizootic
diseases during the transport of sheep and goats, and for
consolidation of piecemeal legislation created during the foot-
and-mouth crisis as emergency measures for dealing with it.

2. The new legislation

2.1.
The proposal involves replacing parts of articles, and
in some cases whole articles, of Directive 91/68/EEC which
governs:

— the approved assembly centres and their facilities;

— inspections;

— marking, registration and identification of animals;

— time taken to transport animals in the intra-Community

market;

— mode of transport;

— the minimum period for which animals should have
remained on a single holding of origin, thus excluding
frequent movements of animals between holdings;

— limitations on the time when new animals can be
introduced into the holding of origin before dispatch for
export.

The assembly centres and their installations must be
2.2.
approved and must correspond to those for bovine animals
and swine in terms of infrastructure, hygiene, organisation and
management.

since birth if less than 30 days old, on the same holding of
origin before being sent to another Member State.

2.6.
No sheep and goats may be introduced into the holding
of origin for at least 21 days of that mandatory residence
period, nor may any biungulate animal imported from a third
country be introduced into the holding during the 30 days
before loading, unless the introduced animal has been com-
pletely isolated.

3. General comments

3.1.
The EESC notes that the proposed amendment aims
mainly to update and upgrade the legislation on health checks
in intra-Community trade in sheep and goats, in line with the
Community acquis created in the 1990s on animal health
conditions for intra-Community trade in bovine animals and
swine. This updating is regarded as necessary, since the
Directive which is to be amended does not refer to Directive
92/102/EEC on the identification and registration, of animals,
despite the fact that it has been in force and applied since
1992; nor does it refer to Directive 91/628/EEC and Regulation
(EC) No 1255/97, which are regarded as conditions on welfare
during the transport of animals in intra-Community trade.

3.2.
The EESC takes the view that, apart from the formal
matter of adapting the relevant legislation to the constantly
developing Community acquis, control of the movement of
sheep and goats within the EU should be enhanced and
harmonised on a uniform basis, in the light of experience and
lessons drawn from the foot-and-mouth disease outbreak of
2001. It recalls that, at that time, pressures developed in intra-
Community trade in sheep and goats, because they were
thought to be principal carriers of the disease.

2.3.
The duration of transport for trade purposes may not
exceed six days, except for transport by sea and allowing for
the resting time spent in a staging point in accordance with
Regulation (EC) No 1255/97.

3.3.
Similarly, the planned enlargement to include certain
CEECs necessitates a review of the system of health conditions
for animals in intra-Community trade.

2.4.
The animals may transit through only one approved
assembly centre, in the Member State of origin, but animals
for slaughter may in addition also pass through one approved
centre in a Member State of transit.

2.5.
In the case of sheep and goats for breeding and
fattening, the animals must remain for at least 30 days, or

At all events, the EESC notes that the amendments aim
3.4.
to prevent the spread of foot-and-mouth disease and other
infectious disease through checks on the movement and
handling of animals susceptible to such diseases. For that
reason it would be useful to make it clear that the amendment
does not create measures to deal with a risk in the context of
the legislation on food safety, since foot-and-mouth disease is
not a threat to public health.

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4. Specific comments

In the proposed amendment,

in line with existing
4.1.
definitions in other Directives, assembly centres mean any site
or place, including holdings and markets, where animals from
different holdings of origin are grouped to form consignments
and which must be approved for intra-Community trade and
be under veterinary supervision.

4.2.
It is natural for the upgraded provisions contained in
the amendment on facilities to require the creation in the
existing assembly centres of infrastructure and organisational
arrangements which take some time to complete, both in
importing and in exporting countries.

4.3.
Transposing the Directive into Member States’ national
law and ensuring the availability of the necessary veterinarians,
databases and administrative infrastructure presuppose lengthy
preparation, going beyond the deadline laid down for com-
pliance with the Directive (31 December 2002).

4.4.
For the above reasons the EESC proposes to the
Commission to consider an appropriate transitional period for
the transpositions of the Directive into national legislation of

Brussels, 11 December 2002.

Member States and adaptation to the new system laid down
for sheep and goats. This transitional period should take due
account of the fact that Commission Decision 2001/327/EC is
in force since 24 April 2001 and in its current version since
March 2002. It should also take into account that trade from
one holding to another holding or slaughterhouse is not
impaired by lack of approved assembly centres.

4.5.
The above adaptation measures are regarded by the
EESC as being of exceptional importance, as in its view the top
priority is the condition of uniform application of the new
system in all the Member States, whether they are traditionally
importing or exporting countries, so as to avoid creating
technical barriers to intra-Community trade in this sector.

It is obvious that this would mean having the same
4.6.
level of infrastructure and services in all the countries of the
EU, and equivalent arrangements for transporting animals
either at the transit points or at specific centres of origin and
destination.

4.7.
The EESC also points out that although monitoring at
such a level of detail the movement of animals at holding level
before their marketing may be useful, it is difficult to apply,
and there are risks of irregularities.

The President

of the European Economic and Social Committee

Roger BRIESCH