2003/483/EC: Commission Decision of 30 June 2003 establishing transitional measures for the control on the movement of animals of susceptible species with regard to foot-and-mouth disease (Text with EEA relevance)
Date: 2003-06-30
Institutions: European Commission
Subjects: export restriction, foot-and-mouth disease, health legislation, intra-EU trade, transport of animals, veterinary inspection

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 30 June 2003

establishing transitional measures for the control on the movement of animals of susceptible
species with regard to foot-and-mouth disease

(Text with EEA relevance)

(2003/483/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), as last
amended by Directive 2002/33/EC of the European Parliament
and of the Council (2), and in particular Article 10(4) thereof,

Whereas:

(1)

(2)

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 and
repealing Decision 2001/263/EC (3), as last amended by
Decision 2002/1004/EC (4),
is applicable until 30 June
2003.

for

The Commission has submitted a proposal
the
amendment of Council Directive 91/68/EEC of 28
January 1991 on animal health conditions governing
intra-community trade in ovine and caprine animals (5),
as last amended by Regulation (EC) No 806/2003 (6).
This proposal has been adopted by the Council in June
2003 and the amended provisions are to be applicable
not earlier than 1 July 2004.

(3)

(4)

(5)

(6)

The welfare conditions for transport of animals within
the Community are laid down in Council Directive 91/
628/EEC of 19 November 1991 on the protection of
animals during transport and amending Directives 90/
425/EEC and 91/496/EEC (7), as last amended by Regula-
tion (EC) No 806/2003.

Certain provisions of 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 (8), as amended
by Regulation (EC) No 1040/2003 (9), are to be applic-
able not earlier than 1 July 2004.

Commission Decision 93/444/EEC of 2 July 1993 on
detailed rules governing intra-Community trade
in
certain live animals and products intended for exporta-
tion to third countries (10) requires that Member States
ensure that such animals are accompanied by a veter-
inary certificate for animals for slaughter of the species
concerned.

In the interests of consistency of Community legislation,
it
in
is appropriate that certain definitions set out
Council Directive 64/432/EEC of 26 June 1964 on
animal health problems affecting intra-Community trade
in bovine animals and swine (11), as last amended by
Commission Regulation (EC) No 1226/2002 (12), and
Council Directive 91/628/EEC are applied in this Deci-
sion.

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 115, 25.4.2001, p. 12.
(4) OJ L 349, 24.12.2002, p. 108.
(5) OJ L 46, 19.2.1991, p. 19.
(6) OJ L 122, 16.5.2003, p. 7.

(7) OJ L 340, 11.12.1991, p. 17.
(8) OJ L 174, 2.7.1997, p. 1.
(9) OJ L 151, 19.6.2003, p. 21.
(10) OJ L 208, 19.8.1993, p. 21.
(11) OJ L 121, 29.7.1964, p. 1977/64.
(12) OJ L 179, 9.7.2002, p. 13.

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(7)

(8)

It is necessary to provide transitional measures for the
control on the movement of ovine and caprine animals
and the use of staging points until the amendments to
be made to Council Directive 91/68/EC and Council
Regulation (EC) No 1255/97 are applied by Member
States.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

(d) ‘standstill’ means a period of the residency period during
which no biungulate animal has been introduced onto the
holding under conditions less strict than those laid down in
this Decision.

SECTION 2

REINFORCEMENT OF CONTROLS ON THE MOVEMENT OF
SHEEP AND GOATS

HAS ADOPTED THIS DECISION:

SECTION 1

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

The purpose of

1.
is to lay down transitional
measures to reinforce the control on the movement of animals
of species susceptible to foot-and-mouth disease.

this act

2.
This Decision shall apply without prejudice to Directives
64/432/EEC, 91/68/EEC and 91/628/EEC, Decision 93/444/
EEC and Regulation (EC) No 1255/97.

Article 2

Definitions

Article 3

Conditions for dispatch of ovine and caprine animals for
breeding, fattening and slaughter

Ovine and caprine animals for breeding, fattening and
1.
slaughter shall not be dispatched to another Member State,
unless

(a) they 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 of age;

(b) they come from a holding into which no ovine or caprine
animals have been introduced during a period of 21 days
prior to the date of dispatch;

(c) they come from a holding into which no biungulate
animals imported from a third country have been intro-
duced during a period of 30 days prior to the date of
dispatch.

2.
By way of derogation from paragraph 1(b) and (c),
Member States may authorise the dispatch to another Member
State, if the introduced animals referred to in those points have
been completely isolated from all animals on the holding.

For the purpose of this Decision, the following definitions

1.
shall apply:

Article 4

(a) the definition of approved ‘assembly centre’

in Article

2(2)(o) of Directive 64/432/EEC;

Conditions for the dispatch of ovine and caprine animals
for breeding, fattening and slaughter

(b) the definition of approved ‘dealer’

in Article 2(2)(q) of

Directive 64/432/EEC;

(c) the definition of ‘staging point’ in Article 2(2)(c) of Direc-

tive 91/628/EEC.

2.

The following definitions shall also apply:

(a) ‘assembly centre’ means premises on which animals origi-
nating from different holdings are grouped together to
form consignments for national movement;

(b) ‘holding of origin’ means any premises on which the
animals have undergone the residence period in accordance
with this Decision;

(c) ‘residence period’ means

the uninterrupted physical
presence on the holding of origin for a period laid down in
this Decision, or since birth in the case of animals younger
than the residence period,
including any necessary and
auditable record of such presence as required by Commu-
nity legislation;

Ovine and caprine animals for breeding, fattening and
1.
slaughter shall not be outside their holding of origin for more
than six days before being last certified for trade to the final
destination in another Member State as indicated in the health
certificate.

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

After leaving the holding of origin the animals referred to
2.
in paragraph 1 shall be consigned directly to the final destina-
tion in another Member State.

By way of derogation from paragraph 2, the animals
3.
referred to in paragraph 1 may, after leaving the holding of
origin and before arrival at the final destination in another
Member State, transit through only one approved assembly
centre, or in the case of animals for slaughter approved dealers'
premises, which must be situated in the Member State of
origin.

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In order to be approved for trade in ovine and caprine animals
the approved assembly centre must meet the requirements in
Article 11, except paragraph 1(e) first sentence, of Directive
64/432/EEC.

(iii) from the assembly centre the animals are, accompanied
by an official document, transported to the approved
assembly centre situated in the Member State of origin
referred to in Article 4(3) to be certified and consigned
directly to a slaughterhouse in the Member State of
destination;

4.
The animals referred to in paragraph 1 shall at no time,
between leaving the holding of origin and their arrival at the
final destination

or

(a) come into contact with cloven-hoofed animals other than

those that have at least the same health status;

(b) compromise the health status of cloven-hoofed animals not

intended for trade.

5.
Ovine and caprine animals for slaughter shall be taken
directly to a slaughterhouse in the Member State of destination,
where they must be slaughtered as soon as possible but at least
within 72 hours of arrival.

Article 5

Derogations

By way of derogation from Article 3(1)(a) ovine and
1.
caprine animals for slaughter may be subject to trade after a
residence period of only 21 days.

By way of derogation from Article 3(1)(b) and (c), and
2.
without prejudice to paragraph 1, ovine and caprine animals
for slaughter may be consigned without completing the stand-
still from the holding of origin directly to a slaughterhouse in
another Member State for immediate slaughter without under-
going any assembly operation or passing through a staging
point.

By way of derogation from Article 4(2) and (3), and
3.
without prejudice to Article 4(1), ovine and caprine animals for
slaughter may, after leaving the holding of origin, pass through
one additional assembly centre under the following alternative
conditions:

(a) either the animals, before passing through the approved
assembly centre referred to in Article 4(3), undergo one
additional assembly operation in the Member State of
origin under the following conditions:

(i) after leaving the holding of origin the animals pass
through one single assembly centre under official veter-
inary supervision, which permits at the same time only
animals of at least the same health status, and

(ii) without prejudice to Community legislation on identifi-
cation of sheep and goats, at
the latest on that
assembly centre the animals are individually identified
so as to enable in each case the tracing of the holding
of origin, and

transit

(b) the animals may, after dispatch from the Member State of
through one additional assembly centre
origin,
before being consigned to the slaughterhouse in the
Member State of destination under the following condi-
tions:

(i) either the additional approved assembly centre is situ-
ated in the Member State of destination from where the
animals must be removed under the responsibility of
the official veterinarian directly to a slaughterhouse to
the
be slaughtered within five days of arrival at
assembly centre, or

(ii) the additional approved assembly centre is situated in
one Member State of transit from were the animals are
consigned directly to the slaughterhouse in the Member
State of destination indicated in the animal health certi-
ficate.

4.
The central competent authorities of two neighbouring
Member States may grant each other general or limited licences
to introduce ovine and caprine animals for slaughter not
complying with the conditions in paragraphs 1 to 3 or in
Article 3(1)(a) and (b), provided such animals are transported
under conditions at least as strict as the following:

(a) the animals originate in and come from holdings situated
on the territory of a Member State which is recognised as
officially free of ovine and caprine brucellosis in accordance
with Section II of Chapter 1 in Annex A to Directive 91/
68/EEC, and has not reported cases of rabies or anthrax for
the past 30 days prior to loading, and

(b) the animals are individually identified so as to enable in
each case the tracing of
the holding of origin when
inspected for certification by the official veterinarian at the
approved assembly centre situated in the Member State of
origin, and

(c) the animals are transported on road in accordance with
paragraph 2 in point 48 of Chapter VII in the Annex to
Directive 91/628/EEC directly to the slaughterhouse of
destination for immediate slaughter without coming into
contact with other cloven-hoofed animals and without tran-
siting a third Member State, and

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(d) the number of the licence referred to in the introductory
sentence of this paragraph is stated in the animal health
certificate accompanying the animals to destination.

Article 6

Certification conditions for ovine and caprine animals for
intra-Community trade

1.
Ovine and caprine animals for intra-Community trade
shall be inspected by an official veterinarian within 24 hours of
loading.

The health inspection for the issuing of the health certifi-
2.
cate,
for a consignment of
including additional guarantees,
animals referred to in paragraph 1 shall be carried out in the
holding of origin or in an assembly centre or in an approved
dealer's premises.

3.
The animals shall be accompanied by an animal health
certificate in accordance with the appropriate model provided
for in Annex E to Directive 91/68/EC which in addition shall
bear the following words:

‘Animals in accordance with Commission Decision 2003/
483/EC’

4.
For ovine and caprine animals for slaughter passing
through an approved assembly centre in accordance with
Article 5(3)(b)(ii), the official veterinarian responsible for the
approved assembly centre in the Member State of transit shall
provide certification to the Member State of destination by
issuing a second health certificate conforming to Model I set
out in Annex E to Directive 91/68/EEC, completing it with the
requested data from the original health certificate(s) and
attaching to it an officially endorsed copy thereof. In this case
the combined validity of the certificates shall not exceed 10
days.

The transport of animals referred to in paragraph 1 shall
5.
be notified in advance by the competent veterinary authorities
of the place of departure to the central competent veterinary
authorities in the Member State of destination and any Member
State of transit. The notification shall be sent not later than the
day of departure of the transport.

SECTION 3

REINFORCEMENT OF CONTROLS ON THE MOVEMENT OF
ANIMALS SUSCEPTIBLE TO FOOT-AND-MOUTH DISEASE
THROUGH STAGING POINTS

By way of derogation from paragraph 1, the movement
2.
through staging points may be authorised for intra-Community
trade in animals of the bovine and porcine species complying
with the conditions set out in Directive 64/432/EEC, including
any additional guaranties, provided that in the case of animals
for slaughter the completion of a residence period of at least
21 days on a single holding before being dispatched from that
holding either directly or
transiting through one single
approved assembly centre, is supported by the following addi-
tional certification:

‘Animals in accordance with Commission Decision 2003/
483/EC’

3.
By way of derogation from paragraph 1, the movement
through staging points may be authorised for intra-Community
trade in ovine and caprine animals complying with the addi-
tional conditions set out in Article 3, or in the case of animals
for slaughter with the additional conditions set out in Article
4(3) and Article 5(1).

4.
By way of derogation from paragraphs 1 and 2, bovine
and porcine animals accompanied by animal health certificates
for animals for slaughter in accordance with Article 2(1) of
Decision 93/444/EEC and Directive 64/432/EEC, may on their
way to a third country transit a staging point.

5.
By way of derogation from paragraph 1, animals
imported in accordance with the relevant Community legisla-
tion may on their way to destination transit a staging point.

Article 8

Conditions to be met when animals are moved through
staging points

1. Where animals of species susceptible to foot-and-mouth
disease are moved through a staging point the conditions set
out in paragraphs 2, 3 and 4 shall be met prior to departure of
the transport.

2.
The consignor must provide evidence and declare in
writing to the certifying veterinary authorities that suitable
arrangements have been made to ensure that the staging point
situated within the Community receives at the same time only
animals of the same species and category and of the same certi-
fied health status, including any additional guarantees provided
for by Community legislation in respect of
the species
concerned.

Article 7

The route plan must be supplemented by the declaration

3.
of the consignor referred to in paragraph 2.

Movement of animals through staging points

1.
Animals of species susceptible to foot-and-mouth disease
certified for intra-Community trade shall not be moved through
staging points approved in accordance with Regulation (EC) No
1255/97.

4.
The notification of the staging point indicated in the
route plan accompanying the consignment must be sent within
24 hours of departure of the transport by the certifying veter-
inary authorities to the central veterinary authorities in the
Member State of destination and any Member State of transit.

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Article 9

Conditions to be met by staging points

By way of derogation to Article 4(1) of Regulation (EC)
1.
No 1255/97, Member States may approve as staging points the
entire premises of approved assembly centres provided that
such premises comply with Regulation (EC) No 1255/97 and
this Decision during the entire period of operation as staging
points.

2.
Animals may be present at the same time at a staging
point only, if they are of the same health status, including all
additional guaranties provided for in the respective Community
legislation, and belong to the category and species of animals
for which the staging point is approved.

3.
The operator of the staging point shall notify to the
competent authority within one working day after departure of
a consignment the information set out in point C. 7 of Annex I
to Regulation (EC) No 1255/97.

4.

The staging point shall, before accepting animals:

(a) have started the cleansing and disinfection operations not
later than 24 hours after the departure of all animals
previously held, and

(b) have remained cleared of animals until the cleansing and
disinfection operation is completed to the satisfaction of
the official veterinarian.

SECTION 4

FINAL PROVISIONS

Article 10

Transposition

The Member States shall amend the measures they apply to
trade so as to bring them into compliance with this Decision
and they shall give immediate appropriate publicity to the
measures adopted. They shall immediately inform the Commis-
sion thereof.

Article 11

Entry into force and applicability

This Decision shall apply as from 1 July 2003 until 30 June
2004.

Article 12

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 30 June 2003.

For the Commission

David BYRNE

Member of the Commission