Proposal for a Council Directive laying down animal health rules for the importation into the Community of certain live ungulate animals, and amending Directives 90/426/EEC and 92/65/EEC
Date: 2003-10-01
Institutions: European Commission
Subjects: animal disease, equidae, health certificate, health control, import (EU), live animal, surveillance concerning imports, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.10.2003
COM(2003) 570 final

2003/0224 (CNS)

Proposal for a

COUNCIL DIRECTIVE

laying down animal health rules for the importation into the Community of certain live
ungulate animals, and amending Directives 90/426/EEC and 92/65/EEC

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The outbreaks of disease within the European Union in particular of foot-and-mouth disease
(FMD) and also classical swine fever (CSF) in recent years have prompted a thorough review
of Community measures to prevent and combat these animal diseases. As part of the response
to  the  threat  of  possible  future  outbreaks,  the  Commission  is  proposing  to  rationalise,
strengthen and update the legislation governing the importation into the Community of wild
and domestic animals of species susceptible to either or both FMD and CSF.

Council  Directive  72/462/EEC  of  12  December  1972  on  health  and  veterinary  inspection
problems  upon  importation  of  bovine,  ovine  and  caprine  animals  and  swine,  fresh  meat  or
meat products from third countries ensures a high level of animal health protection by laying
down the general sanitary requirements for certain imports from third countries.

Council  Directive  92/65/EEC  of  13  July  1992,  laying  down  animal  health  requirements
governing trade in and imports into the Community of animals, semen, ova and embryos not
subject  to  animal  health  requirements  laid  down  in  specific  Community  rules  referred  to  in
Annex A(I)  to  Directive  90/425/EEC,  lays  down  the  conditions  for  the  importation  into  the
Community  of  ungulate  animals  other  than  domestic  bovine,  ovine,  caprine,  porcine  and
equine animals, and provides for a list to be laid down of third countries from which Member
States are allowed to import such animals and the health requirements to be met.

Under  Directive  90/426/EEC  of  24  June  1990  on  animal  health  conditions  governing  the
movement  of  and  import  from  third  countries  of  equidae,  imports  into  the  Community  of
equidae are allowed only from third countries appearing on a list drawn up in accordance with
Directive  72/462/EEC.  The  provisions  for  establishing  lists  of  third  countries  for  equidae
should be included in Directive 90/426/EEC and therefore this Directive should be amended
accordingly.

The  general  requirements  of  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
in particular as regards watering and feeding should be taken into account.

In addition Council Directive 2002/99/EC laying down the animal health rules governing the
production, processing, distribution and introduction of products of animal origin for human
consumption replaces the requirements for meat and meat products in Directive 72/462/EEC;
therefore  it  is  opportune  to  lay  down  similar  and  updated  animal  health  measures  for  live
ungulate animals in a new Directive.

The  measures  necessary  for  the  implementation  of  this  Directive  should  be  adopted  in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers on the Commission.

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  establishes
new comitology procedures and terminolgy which needs to be taken into account.

2

The  proposals  will  bring  together  the  import  conditions  and  requirements  for  FMD
susceptible  species  currently  contained  in  two  separate  Directives  –  one  covering  domestic
species  (Council  Directive  72/462/EEC)  and  the  other  covering  wild  species  (Council
Directive  92/65/EEC).  Directive  90/426/EEC  and  Directive  92/65/EEC  should  therefore  be
amended  accordingly.  The  proposal  should  also  be  adapted  to  take  into  account  Decision
1999/468/EC.

The  new  legal  base  will  bring  EU  basic  legislation  more  into  line  with  the  new
recommendations of the Office International des Epizooties (OIE).

In brief, the attached proposals will:

(cid:1)

(cid:1)

(cid:1)

consolidate, in a single legal act the animal health import requirements relating to all
cloven-hoofed animal species and;

clarify the conditions for granting authorisation to a third country for the exportation
of equidae (e.g. horses) to the EU and;

amend Directives 90/426/EEC and 92/65/EEC accordingly.

3

2003/0224 (CNS)

Proposal for a

COUNCIL DIRECTIVE

laying down animal health rules for the importation into the Community of certain live
ungulate animals, and amending Directives 90/426/EEC and 92/65/EEC

(Text with EEA relevance)

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 Commission1,

Having regard to the opinion of the European Parliament2,

Having regard to the opinion of the European Economic and Social Committee3,

Having regard to the opinion of the Committee of the Regions4,

Whereas:

(1) 

(2) 

Council  Directive  72/462/EEC  of  12  December  1972  on  health  and  veterinary
inspection problems upon importation of bovine, ovine and caprine animals and swine,
fresh meat or meat products from third countries5 ensures a high level of animal health
protection by laying down the general sanitary requirements for certain imports from
third countries.

It  is  necessary  to  rationalise  and  update  the  animal  health  provisions  concerning
international  trade  in  animals  provided  for  in  Directive  72/462/EEC  due  to  the
evolution and adoption of new international standards by the Office International des
Epizooties  (OIE),  and  their  implications  in  the  framework  of  the  World  Trade
Organisation  and  its  Agreement  on  the  Application  of  Sanitary  and  Phytosanitary
Measures.

1

2

3

4

5

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ  L  302,  31.12.1972,  p.  28.  Directive  as  last  amended  by  Regulation  (EC)  No  807/2003
(OJ L 122, 16.5.2003, p. 36.).

4

                                                
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

6

7

8

9

10

11

In  addition,  Council  Directive  2002/99/EC  of  16  December  2002  laying  down  the
animal health rules governing the production, processing, distribution and introduction
of  products  of  animal  origin  for  human  consumption6  replaces  the  requirements  for
meat  and  meat  products  provided  for  in  Directive  72/462/EEC.  Therefore  it  is
necessary and opportune to lay down similar and updated animal health provisions for
imports of live ungulate animals into the Community in this Directive.

In  order  to  protect  animal  health,  these  new  provisions  should  be  extended  to  cover
other  ungulate  animals  that  may  present  a  similar  risk  of  disease  transmission.
However,  their  application  to  such  animals  should  be  without  prejudice  to  Council
Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild
fauna and flora by regulating trade therein7.

Under  Council  Directive  90/426/EEC  of  26  June  1990  on  animal  health  conditions
governing the movement and import from third countries of equidae8, imports into the
Community of equidae are allowed only from third countries appearing on a list drawn
up in accordance with Directive 72/462/EEC. The provisions for establishing lists of
third  countries  for  imports  of  equidae  into  the  Community  should  be  included  in
Directive 90/426/EEC.

Scientific  knowledge  concerning  the  susceptibility  and  testing  of  certain  animals  to
diseases  changes  regularly.  A  procedure  should  therefore  be  established  so  that  the
scope of the list of animal species and the diseases to which they are susceptible can
be rapidly updated in response to such developments.

In the interests of animal welfare and consistency of Community legislation, the general
requirements of 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/EEC9, in
particular  as  regards  watering  and  feeding  should  be  taken  into  account  in  this
Directive.

In  the  interests  of  the  protection  of  animal  health  and  consistency  of  Community
legislation, Council Directive 91/496/EEC of 15 July 1991 laying down the principles
governing  the  organisation  of  veterinary  checks  on  animals  entering  the  Community
from  third  countries  and  amending  Directives  89/662/EEC,  90/425/EEC  and
90/675/EEC10 should also be taken into account.

The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers on the Commission.11

OJ L 18, 23.1.2003, p. 11.
OJ  L  61,  3.3.1997, p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  2476/2001
(OJ L 334, 18.12.2001, p. 3).
OJ  L  224,  18.8.1990,  p.  42.  Directive  as  last  amended  by  Regulation  (EC)  No  806/2003
(OJ L 122, 16.5.2003, p. 1.).
OJ  L  340,  11.12.1991,  p.  17.  Directive  as  last  amended  by  Regulation  (EC)  No  806/2003
(OJ L 122, 16.5.2003, p. 1.).
OJ  L  268,  24.9.1991,  p.  56.  Directive  as  last  amended  by  amended  by  Directive  96/43/EC
(OJ L 162, 1.7.1996, p. 1).
OJ L 184, 17.7.1999, p. 23.

5

                                                
(10) 

In accordance with the principle of proportionality, it is necessary and appropriate for
the achievement of the basic objective of protecting animal health to lay down rules on
the conditions for the importation of live ungulate animals. This Directive does not go
beyond  what  is  necessary  in  order  to  achieve  the  objectives  pursued  in  accordance
with the third paragraph of Article 5 of the Treaty.

(11)  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 safety12, establishes new comitology procedures and terminolgy. In the
interests of  consistency  of Community  legislation, those  procedures and  terminology
should be taken into account in this Directive.

(12)  Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements
governing  trade  in  and  imports  into  the  Community  of  animals,  semen,  ova  and
embryos not subject to animal health requirements laid down in specific Community
rules referred to in Annex  A(I) to  Directive  90/425/EEC13, lays  down the  conditions
for  the  importation  into  the  Community  of  ungulate  animals  other  than  domestic
bovine, ovine, caprine, porcine and equine animals, and provides for a list to be laid
down of third countries from which Member States may import such animals as well
as  the  health  requirements  to  be  met.  This  Directive  should  be  amended  in  order  to
exclude from its scope the animal species covered by the present act.

(13) 

It is also appropriate to provide that the testing requirements upon importation of live
animals  covered  by  Directive  92/65/EEC  should  be  updated  or  established  by
comitology procedure.

(14)  Directives 90/426/EEC and 92/65/EEC should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Chapter I
Subject matter and scope and definitions

Article 1

Subject matter and scope

This  Directive  lays  down  the  animal  health  requirements  for  the  importation  into  the
Community of live ungulate animals of the species listed in Annex I.

12

13

OJ L 31, 1.2.2002, p. 1.
OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission  Regulation (EC) No 998/2003
(OJ L 146, 13.6.2003, p. 1.).

6

                                                
Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)

(b)

(c)

“third countries”: means countries other than Member States, and those territories of
Member States in which Council Directives 89/662/EEC14 and 90/425/EEC15 do not
apply;

“authorised third country”: means a third country, or a part of a third country, from
which the importation into the Community of live ungulate animals listed in Annex I
is authorised as provided for in Article 3(1);

“official  veterinarian”:  means  a  veterinarian  authorised  by 
the  veterinary
administration of a third country to perform health inspections of live animals, and to
perform official certification.

Chapter II
Animal health requirements applicable to imports into the
community of certain live ungulate animals

Article 3

Authorised third countries

1.

The  importation  of  live  ungulate  animals  into  the  Community  shall  only  be
authorised  from  third  countries  that  appear  on  a  list  or  lists  to  be  drawn  up  or
amended in accordance with the procedure referred to in Article 14(2).

Taking  into  account  the  health  situation  and  the  guarantees  provided  by  the  third
country for the animals listed in Annex I, it may be decided in accordance with the
procedure referred to in Article 14(2), that the authorisation provided for in the first
subparagraph shall  apply to the whole  territory  of an  authorised third country  or to
only part of its territory.

14

15

OJ L 395, 30.12.1989, p. 13.
OJ L 224, 18.8.1990, p. 29.

7

                                                
For  that  purpose  and  on  the  basis  of  the  relevant  international  standards,  account
shall  be  taken  of  how  the  authorised  third  country  applies  and  implements  those
standards, in particular the principle of regionalisation within its own territory and in
relation  to  its  sanitary  requirements  for  importation  from  other  third  countries  and
from the Community.

2.

The  authorisation  for  importation  of  live  ungulate  animals  into  the  Community  as
provided for in paragraph 1 and the specific animal health conditions provided for in
Article  6.3  may  be  suspended  or  withdrawn  in  accordance  with  the  procedure
referred to in Article 14(2) where the animal health situation in the authorised third
country justifies such suspension or withdrawal.

Article 4

Preparation of the lists of authorised third countries

When  drawing  up  or  amending  the  lists  of  authorised  third  countries  as  provided  for  in
Article 3(1), particular account shall be taken of:

(a)

(b)

(c)

(d)

(e)

(f)

the  health  status  of  livestock,  other  domestic  animals  and  wildlife  in  the  third
country,  with  particular  regard  to  exotic  animal  diseases  and  any  aspects  of  the
general health and the environmental situation in the third country which may pose a
risk to the health and the environmental status of the Community;

the legislation of the third country in relation to animal health and welfare;

the organisation of the competent veterinary authority and its inspection services, the
powers of those services, the supervision to which they are subject, and the means at
their  disposal,  including  staff  and  laboratory  capacity,  to  apply  national  legislation
effectively;

the assurances which the competent veterinary authority of the third country can give
regarding  compliance  or  equivalence  with  the  relevant  animal  health  conditions
applicable in the Community;

whether the third country is a member of the OIE and the regularity and rapidity of
the information supplied by the third country relating to the existence of infectious or
contagious animal  diseases in  its  territory,  in  particular  those  diseases  listed  by  the
OIE;

the guarantees given by the third country to directly inform the Commission and the
Member States:

(i) within  24  hours  of  the  confirmation  of  the  occurrence  of  any  of  the  diseases
listed in Annex II, and of any change in the vaccination policy concerning such
diseases;

(ii) within  an  appropriate  period,  of  any  proposed  changes  in  the  national  health
rules concerning live ungulate animals, in particular regarding importation;

(iii) at regular intervals, of the animal health status of its territory;

8

(g)

(h)

(i)

any  experience  of  previous  imports  of  live  animals  from  the  third  country  and  the
results of any import controls carried out;

the results of Community inspections and/or audits carried out in the third country, in
particular  the  results  of  the  assessment  of  the  competent  authorities  or,  where  the
Commission  so  requests,  the  report  submitted  by  the  competent  authorities  on  the
inspections which they have carried out;

the rules on the prevention and control of infectious or contagious animal diseases in
force  in  the  third  country  and  their  implementation,  including  rules  on  the
importation from other third countries.

Article 5

Publication of lists of authorised third countries by the Commission

The  Commission  shall  arrange  for  up-to-date  versions  of  all  lists  drawn  up  or  amended  as
provided for in Article 3(1) to be made available to the public.

Those lists may be combined with other lists drawn up for animal and public health purposes
and may also include models of health certificates.

Article 6

Specific animal health conditions for imports of live ungulate animals into the Community

1.

Specific  animal  health  conditions  for  the  importation  of  live  ungulate  animals  into
the  Community  shall  be  laid  down  in  accordance  with  the  procedure  referred  to  in
Article 14(2).

They may take account of the following:

(a)

the animal species concerned;

(b)

the age of the animals;

(c)

the intended destination or purpose of the animals;

(d)

the necessary measures to be applied after importation of the animals into the
Community;

(e)

any special provisions applicable in the framework of intra-Community trade.

2.

3.

The specific animal health conditions provided for in paragraph 1 shall be based on
the rules laid down in Community legislation for the diseases to which the  animals
are susceptible.

However, where the equivalence of the official health guarantees provided for by the
third country concerned can be formally recognised by the Community, the specific
animal health conditions may be based on those guarantees.

9

Article 7

Guarantees from the authorised third country regarding imports of live ungulate animals into
the Community

Imports of live ungulate animals into the Community shall only be allowed if the authorised
third country provides the following guarantees:

(a)

(b)

(c)

(d)

(e)

(f)

the  animals  must  come  from  a  disease-free  territory,  in  accordance  with  the
conditions listed in Annex II into which the entry of animals vaccinated against the
diseases listed in that Annex must be prohibited;

the  animals  must  comply  with  the  specific  animal  health  conditions  provided  for  in
Article 6;

before  the  day  of  loading  for  shipment  to  the  Community,  the  animals  must  have
remained in the territory of the authorised third country for a period of time to be set out
in the specific animal health conditions referred to in Article 6;

prior to shipment to the Community, the animals must have undergone a check by an
official  veterinarian  to  ensure  that  the  transport  conditions  provided  for  in  Directive
91/628/EEC have been complied with, in particular as regards watering and feeding;

the  animals  must  be  accompanied  by  a  veterinary  certificate  which  complies  with
Article 11 and with a specimen veterinary certificate established in accordance with the
procedure referred to in Article 14(2). Provision may be made for the use of electronic
documents under the same procedure.

upon  arrival  in  the  Community,  the  animals  must  be  checked  at  an  agreed  border
inspection post in accordance with Article 11 of Directive 91/496/EEC.

Article 8

Derogation from guarantees to be provided by authorised third countries

By way of derogation from Articles 6 and 7, specific provisions including model veterinary
certificates, may be laid down in  accordance  with  the procedure  referred  to  in Article  14(2)
for the importation of live ungulate animals from authorised third countries as provided for in
Article 3(1) if those animals:

(a)

(b)

(c)

are intended exclusively for grazing or draught purposes, on a temporary basis, in the
vicinity of the Community frontiers;

are  related  to  sporting  events,  circuses,  shows  and  exhibitions  but  not  related  to
commercial transactions of the animals themselves;

are intended for a zoo, an amusement park, an experimental laboratory, or as defined
in  Article  2(c)  of  Directive  92/65/EEC,  approved  body,  approved  institute  or
approved centre;

10

(d)

(e)

(f)

exclusively  transit  the  territory  of  the  Community  under  customs  approval  and
supervision,  with  no  stop  in  the  Community  other  than  those  necessary  for  animal
welfare purposes;

accompany their owners as pet animals or;

are presented at the Community frontier

– 

within a period of 30 days from the date they left the Community for one of the
purposes referred to in points (a), (b) and (e),

– 

or for transiting a third country.

Article 9

Derogation from Article 7(a) as regards imports from authorised third countries where
diseases listed in Annex II are present and/or vaccinations are carried out

By way of derogation from Article 7(a), and in accordance with the procedure referred to in
Article 14(2), conditions may be established for the importation of live ungulate animals into
the Community from an authorised third country where certain diseases listed in Annex II are
present and/or vaccinations against those diseases are carried out;

Article 10

Derogation from Article 7(a) as regards imports from authorised third countries where
imports have been suspended or prohibited

By way of derogation from Article 7(a), and in accordance with the procedure referred to in
Article  14(2),  a  specific  period  may  be  determined  after  which  the  importation  of  live
ungulate  animals  from  an  authorised  third  country  may  be  resumed  after  the  suspension  or
prohibition  of  importation  due  to  any  change  in  the  health  situation,  together  with  any
additional conditions to be fulfilled after such resumption.

When deciding to resume the importation of such animals, account shall be taken of:

– 

– 

– 

international standards,

whether an outbreak or a number of epizootiologically interrelated outbreaks of one
of the diseases listed in Annex  II  occurs  within  a  geographically limited  area in an
authorised third country or region,

whether the outbreak or outbreaks are successfully eradicated within a limited period
of time.

11

1.

2.

3.

4.

1.

2.

3.

4.

Article 11

Veterinary Certificates

A veterinary certificate complying with the requirements set out in Annex III shall be
presented with each consignment of animals upon their entry into the Community.

The  veterinary  certificate  shall  certify  that  the  requirements  of  this  Directive  and
other  Community  legislation  on  animal  health,  or  where  applicable  in  accordance
with  Article  6.3,  provisions  that  are  equivalent  to  those  requirements,  have  been
complied with.

The  veterinary  certificate  may  include  certification  statements  required  under  other
Community legislation on public health, animal health and animal welfare.

The use of the veterinary certificate provided for in paragraph 1 may be suspended or
withdrawn  in  accordance  with  the  procedure  referred  to  in  Article  14(2)  where  the
animal  health  situation  in  the  authorised  third  country  justifies  such  suspension  or
withdrawal.

Article 12

Inspections and audits in third countries

Inspections and/or audits  may  be  carried  out  in  third  countries  by  experts  from  the
Commission in order to verify conformity with or equivalence to Community animal
health rules.

The experts from the Commission may be accompanied by experts from the Member
States authorised by the Commission to carry out such inspections and/or audits.

The  inspections  and/or  audits  provided  for  in  paragraph  1  shall  be  carried  out  on
behalf of the Community, and the Commission shall meet the costs incurred.

The  procedure  for  carrying  out  the  inspections  and/or  audits  in  authorised  third
countries  as  provided  for  in  paragraph  1  may  be  established  or  amended  in
accordance with the procedure referred to in Article 14 (2).

If  a  serious  animal  health  risk  is  identified  during  an  inspection  and/or  audit  as
provided for in paragraph 1, even if it is not directly related to the objectives of the
inspection/audit, the Commission shall immediately, take the measures necessary to
safeguard  animal  health,  as  laid  down  in  Directive  91/496/EEC,  including  the
suspension or withdrawal of the authorisation provided for in Article 3(1).

12

Article 13

Empowering provisions

1.

The  following  may  be  established  in  accordance  with  the  procedure  referred  to  in
Article 14(2):

(a)

detailed rules for the application of this Directive;

(b)

rules regarding the origin of animals;

(c)

(d)

the  criteria  for  classifying  authorised  third  countries  or  regions  thereof  with
regard to animal diseases;

provisions  for  the  use  of  electronic  documents  relating  to  model  veterinary
certificates as provided for in Article 7 (e) ;

(e) models of veterinary certificates as provided for in Article 11(1);

(f)

rules and  certification  requirements for the transit of  live  ungulate  animals  in
the Community.

2.

The  annexes  to  this  Directive  may  be  amended  in  accordance  with  the  procedure
referred to in Article 14(2) in order to take account, in particular of:

(a)

scientific  opinions  and  scientific  knowledge  particularly  concerning  new  risk
assessments;

(b)

technical developments and/or amendments to international standards;

(c)

the setting of safety targets for animal health.

Article 14

Committee procedure

1.

2.

The Commission shall be assisted by the Standing Committee on the Food Chain and
Animal Health instituted by Article 58 of Regulation (EC) No 178/2002.

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision
1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be 15 days.

13

Article 15

Implementation

1.

2.

Member  States  shall  bring  into  force  the  laws,  regulations,  and  administrative
provisions necessary to comply with this Directive before [insert dd/mm/yyyy]. 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  Member
States.

Member  States  shall  communicate  to  the  Commission  the  text  of  the  provisions  of
national law which they adopt in the field covered by this Directive, together with a
table  showing  how  the  provisions  of  this  Directive  correspond  to  the  national
provisions adopted.

Chapter III
Final provision

Article 16

Transitional measures

Transitional  measures  may  be  laid  down  in  accordance  with  the  procedure  referred  to  in
Article 14 (2).

Article 17

Amendment to Directive 90/426/EEC

Directive 90/426/EEC is amended as follows:

Article 12 is replaced by the following:

“Article 12

1.

The importation of equidae into the Community shall only be authorised from third
countries  that  appear  on  a  list  or  lists  to  be  drawn  up  or  amended  in  accordance
with the procedure referred to in Article 24(2).

Taking  into  account  the  health  situation  and  the  guarantees  provided  by  the  third
country for equidae, it may be decided in accordance with the procedure referred to
in  Article  24(2)  that  the  authorisation  provided  for  in  the  first  subparagraph  shall
apply to the whole territory of the third country or to only part of its territory.

14

For  that  purpose  and  on  the  basis  of  the  relevant  international  standards,  account
shall be taken of how the third country  applies and  implements those standards, in
particular the principle of regionalisation, within its own territory and in relation to
its  sanitary  requirements  for  importation  from  other  third  countries  and  from  the
Community.

2.

When  drawing  up  or  amending  the  lists  provided  for  in  paragraph  1,  particular
account shall be taken of:

(a)

the  health  status  of  the  equidae,  other  domestic  animals  and  wildlife  in  the
third country, with particular regard to exotic animal diseases and any aspects
of  the  general  health  and  the  environmental  situation  in  the  third  country
which  may  pose  a  risk  to  the  health  and  environmental  status  of  the
Community;

(b)

the legislation of the third country in relation to animal health and welfare;

(c)

(d)

the  organisation  of  the  competent  veterinary  authority  and  its  inspection
services,  the  powers  of  those  services,  the  supervision  to  which  they  are
subject,  and  the  means  at  their  disposal,  including  staff  and  laboratory
capacity, to apply national legislation effectively;

the  assurances  which  the  competent  veterinary  authority  of  the  third  country
can give regarding compliance or equivalence with the relevant animal health
conditions applicable in the Community;

(e) whether  the  third  country  is  a  member  of  the  “Office  International  des
Epizooties” (OIE) and the regularity and rapidity of the information supplied
by  the  third  country  relating  to  the  existence  of  infectious  or  contagious
diseases  of  equidae  in  its  territory,  in  particular  those  diseases  listed  by  the
OIE and in Annex A of this Directive;

(f)

the  guarantees  given  by  the  third  country  to  directly  inform  the  Commission
and the Member States:

(i)

within 24 hours, of the confirmation of the occurrence of any infectious
diseases of equidae and in particular those listed in Annex A and of any
change in the vaccination policy concerning such diseases;

(ii) within  an  appropriate  period,  of  any  proposed  changes  in  the  national
the

in  particular  regarding 

sanitary  rules  concerning  equidae, 
importation of equidae;

(iii) at regular intervals, of the animal health status of its territory concerning

equida;

(g)

any experience of previous imports of live equidae from the third country and
the results of any import controls carried out;

15

(h)

(i)

the  results  of  Community  inspections  and/or  audits  carried  out  in  the  third
country, in particular the results of the assessment of the competent authorities
or, where the Commission so requests, the report  submitted by  the competent
authorities on the inspections which they have carried out;

the  rules  on  the  prevention  and  control  of  infectious  or  contagious  animal
diseases in force in the third country and their implementation, including rules
on importation of equidae from other third countries.

The  Commission  shall  arrange  for  up-to-date  versions  of  all  lists  drawn  up  or
amended as provided for in paragraph 1 to be made available to the public.

Those lists may be combined with other lists drawn up for animal and public health
purposes and may also include models of health certificates.

Special import conditions for each third country or group of third countries, having
regard  to  the  animal  health  situation  concerning  equidae  in  the  third  country  or
countries concerned shall be established in accordance with the procedure referred
to in Article 24(2).

Detailed  rules  for  the  application  of  this  Article  and  criteria  for  including  third
countries or parts of third countries in the lists provided for in paragraph 1 may be
adopted in accordance with the procedure referred to in Article 24(2).

3.

4.

5.

Article 18

Amendment to Directive 92/65/EEC

Directive 92/65/EEC is amended as follows:

1.

In Article 1, the first paragraph is replaced by the following:

“This  Directive  lays  down  the  animal  health  requirements  governing  trade  in  and
imports into the Community of animals, semen, ova and embryos not subject to the
animal health requirements laid down in the specific Community acts referred to in
Annex F”.

2.

Article 6 is amended as follows:

(a)

In A(1), point (e) is deleted;

(b)

in A(2), the second indent of point (b) is deleted;

(c)

in A(3), points (e), (f) and (g) are deleted;

(d)

the following point (A) (4)is added:

“4. The testing requirements referred to in this Article and their criteria may
be  established  in  accordance  with  the  procedure  laid  down  in
Article 26.”

16

3.

Article 17 is amended as follows:

(a)

In Paragraph 3, points (a) and (b) are replaced by the following:

“(a) a  list  of  third  countries  or  parts  of  third  countries  able  to  provide
Member States and the Commission with guarantees equivalent to those
provided for in Chapter II in relation to animals and,

(b) without  prejudice  to  Commission  Decision  94/63/EC*,  a  list  of  the
collection centres for which they are able to give such guarantees.

The Commission shall inform the Member States of any proposed amendments
to the lists of centres and the Member States shall have ten working days, from
the date  of receipt of  the proposed amendments, to send written  comments to
the Commission;

Where no written comments  are  received  from  the  Member States within that
period  of  ten working  days,  the  proposed  amendments  shall  be  considered  to
have been accepted by the  Member States and imports shall  be authorised in
accordance  with  the  amended  lists  when  the  Commission  notifies  the
competent  authorities  of  the  Member  States  and  the  third  country  concerned
that the amendments are published on the web site of the Commission.

Where written comments are received  from at least  one  Member  State  within
the  period  of  ten  working  days,  the  Commission  shall  inform  the  Member
States and the Standing Committee on the Food Chain and Animal Health at its
next  meeting  for  a  decision  to  be  adopted  in  accordance  with  the  procedure
referred to in Article 26 second paragraph.

4.

5.

*

OJ L 28, 2.2.1994, p. 47.”

In Article 23, the words “from Article 6 (A)(1)(e) and” are deleted.

Article 26 is replaced by the following:

“Article 26

The Commission shall be assisted by the Standing Committee on the Food Chain and
Animal  Health  instituted  by  Article  58  of  Regulation  (EC)  No  178/2002  of  the
European Parliament and the Council.*

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision
1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be 15 days.

*

OJ L 31, 1.2.2002, p. 1.”

6.

The text in Annex IV to this Directive is added as Annex F.

17

Article 19

Entry into force and applicability

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

It shall apply from dd/mm/yyyy.

Article 20

This Directive is addressed to the Member States.

Done at Brussels, […]

For the Council
The President

18

ANNEX I

Animal species as referred to in Article 1

Taxon

Perissodactyla

Tapiridae

Tapirus ssp.

Rhinocerotidae

Ceratotherium ssp., Dicerorhinus ssp., Diceros ssp., Rhinoceros ssp.

Proboscidae

Elephantidae

Elephas ssp., Loxodonta ssp.

Suidae

Babyrousa ssp., Hylochoerus ssp., Phacochoerus ssp., Potamochoerus
ssp., Sus ssp.,

Tayassuidae

Catagonus ssp., Pecari-Tayassu ssp.

Hippopotamidae

Hexaprotodon-Choeropsis ssp., Hippopotamus ssp.

Camelidae

Camelus ssp., Lama ssp., Vicugna ssp.

Tragulidae

Hyemoschus ssp., Tragulus-Moschiola ssp.

Giraffidae

Giraffa ssp., Okapia ssp.

Moschidae

Moschus ssp.

Artiodactyla

Cervidae

Alces  ssp.,  Axis-Hyelaphus  ssp.,  Blastocerus  ssp.,  Capreolus  ssp.,
Cervus-Rucervus ssp., Dama ssp., Elaphurus ssp., Hippocamelus ssp.,
Hydropotes ssp., Mazama ssp., Megamuntiacus ssp., Muntiacus ssp.,
Odocoileus ssp., Ozotoceros ssp., Pudu ssp., Rangifer ssp.

Antilocapridae

Antilocapra ssp.

Bovidae

ssp.,  Damaliscus 

Addax  ssp..,  Aepyceros  ssp.,  Alcelaphus  ssp.,  Ammodorcas  ssp.,
Ammotragus  ssp.,  Antidorcas  ssp.,  Antilope  ssp.,  Bison  ssp.,  Bos
ssp.(including Bibos, Novibos, Poephagus), Boselaphus ssp., Bubalus
ssp.  (including  Anoa),  Budorcas  ssp.,  Capra  ssp.,  Cephalophus  ssp.,
ssp.(including  Beatragus),
Connochaetes 
Dorcatragus  ssp.,  Gazella  ssp.,  Hemitragus  ssp.,  Hippotragus  ssp.,
Kobus  ssp.,  Litocranius  ssp.,  Madogua  ssp.,  Naemorhedus  ssp.
(including Nemorhaedus and Capricornis), Neotragus ssp., Oreamuos
ssp., Oreotragus ssp., Oryx ssp., Ourebia ssp., Ovibos ssp., Ovis ssp.,
Patholops  ssp.,  Pelea  ssp.,  Procapra  ssp.,  Pseudois  ssp.,  Pseudoryx
ssp.,  Raphicerus  ssp.,  Redunca  ssp.,  Rupicapra  ssp.,  Saiga  ssp.,
Sigmoceros-Alecelaphus  ssp.,  Sylvicapra  ssp.,  Syncerus  ssp.,
Taurotragus  ssp.,  Tetracerus  ssp.,  Tragelaphus  ssp.(including
Boocerus).

19

ANNEX II

The diseases referred to in Article 4(f)(i) and Article 6 and the conditions for a territory
to be considered disease-free as referred to in Article 7(a)

Conditions

Animals concerned

Disease

Foot and
mouth disease

no outbreak of disease, no evidence of virus
infection (*) and no vaccination carried out
during the last 12 months

Rinderpest

no case of disease and no vaccination carried out
during the last 3 years

all species

all species

no case of disease during the last 24 months and
no vaccination carried out during the last 12
months with a control of the Culicoides
population

all species other than
those of taxon Suidae

no case of disease during the last 24 months

all species

no case of disease and no vaccination carried out
during the last 5 years

species of the genus
Bos

no case of disease and no vaccination carried out
during the last 4 years

all species other than
those of taxon Suidae

no case of disease and no vaccination carried out
during the last 3 years

species of the genera
Ovis and Capra

Bluetongue

Vesicular
stomatitis

Contagious
bovine
pleuropneu-
monia

Rift valley
fever

Peste des
petits
ruminants

Sheep pox and
goat pox

no case of disease and no vaccination carried out
during the last 3 years

species of the genera
 Ovis and Capra

Lumpy skin
disease

no case of disease and no vaccination carried out
during the last 3 years

species of the genera
Bos, Bison and Bubalus

African swine
fever

no case of disease during the last 3 years

species of taxon Suidae

Classical
swine fever

no case of disease and no vaccination carried out
during the last 24 months

species of taxon Suidae

Swine
vesicular
disease

no case of disease and no vaccination carried out
during the last 24 months

species of taxon Suidae

(*)

in accordance with Chapter 2.1.1 of the OIE Manual

20

ANNEX III

Requirements for veterinary certificates as referred to in Article 11

The  representative  of  the  competent  authority  of  dispatch  issuing  a  veterinary
certificate  to  accompany  a  consignment  of  animals  must  sign  the  certificate  and
ensure that it bears an official stamp. This  requirement  applies  to  each sheet  of the
certificate if it consists of more than one.

Veterinary certificates must be drawn up in the official language or languages of the
Member  State  of  destination  and  those  of  the  Member  State  in  which  the  border
inspection takes place, or be accompanied by a certified translation into that language
or those languages. However, a Member State may consent to the use of an official
Community language other than its own.

The  original version of the  veterinary certificate  must  accompany  consignments  on
entry into the Community.

Veterinary certificates must consist of:

(a)

a single sheet of paper; or

(b)

two or more pages that are part of a single and indivisible sheet of paper; or

(c)

a sequence of pages numbered so as to indicate that it is a particular page in a
finite sequence (for example, ‘page 2 of 4 pages’).

Veterinary certificates must bear a unique identifying number. Where the veterinary
certificate  consists  of  a  sequence  of  pages,  each  page  must  indicate  the  unique
identifying number.

The veterinary certificate must be issued before the consignment to which it relates
leaves the control of the competent authority of the country of dispatch.

1.

2.

3.

4.

5.

6.

21

ANNEX IV

“ANNEX F

Council Directive 64/432/EEC of 26 June  1964,  on  animal  health  problems  affecting  intra-
Community trade in bovine animals and swine.

Council Directive 88/407/EEC of 14 June 1988, laying down the animal health requirements
applicable  to  intra-  Community  trade  in  and  imports  of  deep-frozen  semen  of  domestic
animals of the bovine species.

Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing
intra-Community  trade  in  and  importation  from  third  countries  of  embryos  of  domestic
animals of the bovine species.

Council  Directive  90/426/EEC  of  26  June  1990  on  animal  health  conditions  governing  the
movement and import from third countries of equidae.

Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements
applicable  to  intra-  Community  trade  in  and  imports  of  semen  of  domestic  animals  of  the
porcine species.

Council  Directive  90/539/EEC  of  15  October  1990  on  animal  health  conditions  governing
intra-Community trade in, and imports from third countries of, poultry and hatching eggs.

Council  Directive  91/67/EEC  of  28  January  1991  concerning  the  animal  health  conditions
governing the placing on the market of aquaculture animals and products

Council  Directive  91/68/EEC  of  28  January  1991  on  animal  health  conditions  governing
intra-Community trade in ovine and caprine animals

Council Directive --/2003/EC, of […] , laying down animal health rules for the importation
into  the  Community  of  certain  live  ungulate  animals  and  amending  Directives  90/426/EEC
and 92/65/EEC.”

22