2004/117/EC: Commission Decision of 19 January 2004 amending Decisions 92/260/EEC, 93/197/EEC and 97/10/EC as regards the temporary admission and imports into the European Union of registered horses from South Africa (Text with EEA relevance) (notified under document number C(2004) 50)
Date: 2004-01-19
Institutions: European Commission
Subjects: South Africa, equidae, health certificate, health control, import (EU), temporary admission

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 19 January 2004

amending Decisions 92/260/EEC, 93/197/EEC and 97/10/EC as regards the temporary admission
and imports into the European Union of registered horses from South Africa

(notified under document number C(2004) 50)

(Text with EEA relevance)

(2004/117/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/426/EEC of 26 June
1990 on animal health conditions governing the movement
and imports from third countries of equidae (1), and in particu-
lar Article 12(2), Article 13(2), Articles 14, 15, 16 and Article
19(i) thereof,

Whereas:

(1)

(2)

(3)

Commission Decision 92/260/EEC (2)
lays down the
animal health conditions and veterinary certification for
temporary admission of registered horses.

Commission Decision 93/197/EEC (3),
lays down the
animal health conditions and veterinary certification for
imports of registered equidae and equidae for breeding
and production.

Annex I
to Commission Decision 97/10/EC of 12
December 1996 amending Council Decision 79/542/
EEC and Commission Decisions 92/160/EEC, 92/260/
EEC and 93/197/EEC in relation to the temporary admis-
sion and imports into the Community of registered
horses from South Africa (4) provides for additional guar-
antees which apply to the regionalisation of South
Africa for imports of registered horses into the European
Community.

(1) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 130, 15.5.1992, p. 67. Decision as last amended by Decision

2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(3) OJ L 86, 6.4.1993, p. 16. Decision as last amended by Decision

2003/541/EC.

(4) OJ L 3, 7.1.1997, p. 9. Decision as last amended by Decision 2003/

541/EC.

Those additional guarantees prohibit the use of vaccina-
tion against African horse sickness within the African
horse sickness free area. Consequently, the vaccination
status of registered horses which have been resident in
the African horse sickness free area for more than 24
months can no longer be certified under the current
import conditions.

(5)

(6)

In addition it is necessary to make the transportation of
registered horses into the free area subject to authorisa-
tion in cases where such horses have not been vacci-
nated or where for veterinary reasons such vaccination
was not carried out in compliance with all instructions
of the manufacturer.

It is necessary to adapt the additional guarantees for the
regionalisation of South Africa for imports into the
Community of registered horses in the light of
the
animal health situation in that country, and to reflect
these modifications in the animal health conditions and
veterinary certification applicable to such importation.

(7)

Decisions 92/260/EEC, 93/197/EEC and 97/10/EC
should therefore be amended accordingly.

(8)

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

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HAS ADOPTED THIS DECISION:

Article 3

Annex I to Decision 97/10/EC is amended in accordance with
Annex III to this Decision.

Article 1

Article 4

In Annex II to Decision 92/260/EEC the animal health certifi-
cate F is replaced by the text in Annex I to this Decision.

This Decision is addressed to the Member States.

Article 2

In Annex II to Decision 93/197/EEC the animal health certifi-
cate F is replaced by the text in Annex II to this Decision.

For the Commission

David BYRNE

Member of the Commission

Done at Brussels, 19 January 2004.

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ANNEX I

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ANNEX II

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ANNEX III

Annex I to Decision 97/10/EC is amended as follows:

1. Point 5.5.1.4 is replaced by the following:

‘5.5.1.4. The certificate must state that the horse:

— was clinically examined within 48 hours of dispatch and showed no clinical signs of disease, and

— has not been in contact during the past 15 days (as far as can be ascertained) with other equidae

suffering from an infectious or contagious disease, and

— does not originate from an area where veterinary restrictions pertaining to diseases communicable to

equidae are in force and does not come from a holding under veterinary restrictions, and

— does not come from a holding where there has been a case of African horse sickness during the past

60 days, and

— if the horse originates from an area outside the surveillance zone, it was

(i) either vaccinated against African horse sickness by a veterinarian using a registered polyvalent
African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not
more than 24 months, prior to entering the free area, or

(ii) the horse was imported from the territory of a country or the part of the territory regionalised in
accordance with Article 13(2) of Directive 90/426/EEC, considered in accordance with Community
legislation as not infected with African horse sickness and was airfreighted under vector-protected
conditions from the airport in Johannesburg to the African horse sickness free area.’

2. In point 5.5.1 the following point is added:

‘5.5.1.5. By way of derogation from the provisions in point 5.5.1.4, fifth indent, the competent authorities may in
exceptional cases, as defined in national or local legislation of the exporting country, specifically authorise
the transport of a registered horse from the infected, protection or surveillance zone into the free area
under the following conditions:
— the horse is transported directly to the quarantine station approved for that purpose in the free area,

— the transport is carried out under vector-protected conditions taking into account risk-mitigating
factors such as the vector-free season or daytime, application of repellents, coverage of the animal and
forced ventilation on the means of transport,

— the horse is isolated in the vector-protected quarantine station for at least 40 days,

— during the isolation period the horse is subjected to tests for African horse sickness carried out in
accordance with Annex D to Directive 90/426/EEC on two occasions, carried out on samples of blood
taken with an interval of between 21 and 30 days, the second of which was taken within 10 days of
release from the quarantine station, either with negative result, if the horse was not vaccinated or
without increase in antibody level if the horse was vaccinated previously.’