Opinion of the European Economic and Social Committee on the ‘proposal for a Council Directive laying down animal health rules for the importation into the Community of certain live ungulate animals, and amending Directive 90/426/EEC and 92/65/EEC’(COM(2003) 570 final – 2003/0224 CNS)
Date: 2004-02-25
Institutions: European Economic and Social Committee
Subjects: animal disease, equidae, health certificate, health control, import (EU), live animal, surveillance concerning imports, veterinary inspection

C 110/22

EN

Official Journal of the European Union

30.4.2004

Opinion of the European Economic and Social Committee on the ‘proposal for a Council Directive
laying down animal health rules for the importation into the Community of certain live ungulate
animals, and amending Directive 90/426/EEC and 92/65/EEC’

(COM(2003) 570 final – 2003/0224 CNS)

(2004/C 110/06)

On 16 October 2003 the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 5 February 2004. The rapporteur was Mr
Donnelly.

At its 406th plenary session of 25/26 February 2004 (meeting of 25 February 2004), the European
Economic and Social Committee adopted the following opinion by by 106 votes in favour and 2 absten-
tions.

1. Introduction

1.1
The recent outbreaks of foot-and-mouth disease (FMD)
and also classical swine fever (CSF) have prompted a thorough
review of Community measures to prevent and combat these
diseases. As part of the response to possible future outbreaks
the Commission is proposing to rationalise, strengthen and
update the legislation governing the importation into the Com-
munity of wild and domestic animals of species susceptible to
either or both FMD and CSF.

imports into the Community of animals, semen, ova and
embryos not subject to the animal health requirements laid
down in specific Community rules referred to in Annex A (1)
lays down the conditions for the
to Directive 90/426/EEC,
importation into the Community of ungulate animals other
than domestic bovine, ovine, caprine, porcine and equine
animals. This Directive will also require amendments as the
new proposal
lays down rules for wild as well as domestic
ungulates. An amendment of Council Directive 92/65 to reflect
the new proposal's criteria on the drawing up of a list of
Authorised third countries is also required.

for

certain imports

Council Directive 72/462/EEC (1) of December 1972 on
1.2
the health and veterinary inspection issues relating to the
importation of bovine, ovine, caprine, swine and fresh meat or
meat products from third countries ensures a high level of
animal health protection by laying down the general sanitary
from third countries.
requirements
However, as part of the hygiene package, Council Directive
2002/99/EC (2) laying down the animal health rules governing
production, processing, distribution and the introduction of
products of animal origin for human consumption will replace
the requirements for meat and meat products in Directive
72/462. This proposal on live ungulate importation and the
amendments of Directives 90/426/EEC (3) and 92/65/EEC (4)
will ultimately result in the repeal of Council Directive 72/462
EEC.

1.3
Under Council Directive 90/426/EEC of 26 June 1990
on animal health conditions governing the movement and
import from third countries of equidae, imports into the Com-
munity of equidae are allowed only from third countries
appearing on a list drawn up in accordance with Directive
72/462/EEC. This therefore will require amendments in order
to meet the new requirements resulting from the updating and
strengthening process.

1.4
laying
Council Directive 92/65 EEC of 13 July 1992,
down animal health requirements governing the trade in

2. Gist of Commission proposal

This proposal lays down the animal health requirements
live ungulate

2.1
for the importation into the Community of
animals of the species listed in Annex A.

The proposal consolidates in a single act the animal
2.2
health requirements
relating to all cloven-hoofed animal
species, including the animal welfare provisions of Community
legislation.

2.3
The proposal also clarifies the conditions for granting
authorisation to a third country for the exportation of equidae
(e.g. horses) to the EU and amends Directives 90/426/EEC and
92/65/EEC accordingly.

Article 4 lays down specific conditions,

2.4
including the
taking into account of previous experience of imports and
audits of
that must be considered when
preparing a list of authorised third countries.

third countries,

(1) OJ L 302 , 31.12.1972 P. 0028 - 0054
(2) OJ L 018 , 23.01.2003 P. 0011 - 0020
(3) OJ L 224 , 18.08.1990 P. 0042 - 0054
(4) OJ L 268 , 14.09.1992 P. 0054 - 0072

2.5
Derogations are proposed under articles 8 and 9, so as
to allow flexibility when for example animals travel to and
from shows and sporting events.

30.4.2004

EN

Official Journal of the European Union

C 110/23

Inspections and audits of

2.6
third countries from the
Commission in order to verify conformity with or equivalence
to Community animal health rules are envisaged.

3.4
The EESC welcomes the use of the new comitology
procedures, which allows a timely response when acting on
scientific advice.

4. Specific comments

4.1 While the EESC recognises that flexibility in the form of
derogations is desirable, it emphasises that derogations should
only be made on a case-by-case basis so that
the risk of
importing diseases is not increased.

4.2
The EESC recognises the existence of potential new
risks, as a consequence of the new borders the EU will have
after the enlargement; the EESC therefore recommends that
sufficient resources are made available by the Commission for
the inspection and auditing in third countries.

5. Conclusions

in the
The EESC supports the Commission's proposal
5.1
interests of the protection of animal health and consistency of
Community legislation.

The President

of the European Economic and Social
Committee

Roger BRIESCH

It is proposed to extend to this proposal the new comi-
2.7
tology procedures
(EC) No.
178/2002 (5) laying down the general principles and require-
ments of
food law, establishing the European Food Safety
Authority, and laying down procedures in matters of food.

in Regulation

established

3. General comments

The EESC welcomes this proposal as part of the on-
3.1
going review of Community measures to prevent and combat
foot-and-mouth disease and classical swine fever.

3.2
The EESC supports the concept of consolidating the
rules governing the imports of wild and domestic ungulates
into one Directive.

3.3
The EESC is also very much in favour of the integration
into this proposal of the general animal welfare requirements
of Council Directive 91/628/EEC (6) on the protection of
animals during transport, in particular as regards watering and
feeding.

Brussels, 25 February 2004.

(5) OJ L 031 , 01.02.2002 P. 0001 - 0024
(6) OJ L 340 , 11.12.1991 P. 0017 - 0027