2004/320/EC: Commission Decision of 31 March 2004 amending Decisions 93/52/EEC, 2001/618/EC and 2003/467/EC as regards the status of acceding countries with regard to brucellosis (B. melitensis), Aujeszky's disease, enzootic bovine leukosis, bovine brucellosis and tuberculosis and of France with regard to Aujeszky's disease (Text with EEA relevance) (notified under document number C(2004) 1094)
Date: 2004-03-31
Institutions: European Commission
Subjects: animal disease, health certificate, health control, intra-EU trade, veterinary inspection

7.4.2004

EN

Official Journal of the European Union

L 102/75

COMMISSION DECISION

of 31 March 2004

amending Decisions 93/52/EEC, 2001/618/EC and 2003/467/EC as regards the status of acceding
countries with regard to brucellosis (B. melitensis), Aujeszky's disease, enzootic bovine leukosis,
bovine brucellosis and tuberculosis and of France with regard to Aujeszky's disease

(notified under document number C(2004) 1094)

(Text with EEA relevance)

(2004/320/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular Article 21 and 57
thereof,

Having regard to Council Directive 64/432/EEC of 26 June
1964 on animal health problems affecting intra-Community
trade in bovine animals and swine (1), and in particular Article
9(2), Article 10(2), Annex A(I)(4), Annex A(II)(7) and Annex
D(I)(E) thereof,

Having regard to Council Directive 91/68/EEC of 28 January
1991 on animal health conditions governing intra-Community
trade in ovine and caprine animals (2) and in particular Annex
A, Chapter 1(II) thereof,

Whereas:

(1) With a view to their accession, the status of the acceding
(B. melitensis),
countries with regard to brucellosis
Aujeszky's disease and enzootic bovine leukosis, brucel-
losis and tuberculosis should be laid down.

(2)

Commission Decision 93/52/EEC (3) records compliance
by certain Member States or regions with the require-
ments relating to brucellosis (B. melitensis) and accords
them the status of a Member State or region officially
free of the disease.

(1) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regu-

lation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

(2) OJ L 46, 19.2.1991, p. 19. Directive as last amended by Regulation

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

(3)

(4)

(5)

(6)

(7)

(8)

Commission Decision 2001/618/EC (4)
lays down the
additional guarantees relating to the implementation of
eradication programmes for Aujeszky's disease applic-
able to intra-Community trade of swine, and the lists of
territories in the Member States where approved disease
control programmes are in place.

Commission Decision 2003/467/EC (5) establishes the
tuberculosis, brucellosis, and enzootic bovine
official
leukosis-free status of certain Member States and regions
of Member States as regards bovine herds.

The Czech Republic, Hungary and Slovakia as regards
their respective territories submitted to the Commission
documentation demonstrating
compliance with all
requirements laid down in Annex A(1)(II)(1)(b) of Direc-
tive 91/68/EEC in order that the territories of the Czech
Republic, Hungary and Slovakia may be declared offi-
cially free of brucellosis (B. melitensis) as regards ovine
flocks and caprine herds.

France has submitted supporting documentation to the
Commission as regards the Aujeszky's disease free status
of the department of Pas-de-Calais demonstrating the
eradication of the disease from that department.

The Czech Republic and Cyprus as regards their respec-
tive territories submitted to the Commission documenta-
tion demonstrating freedom from Aujeszky's disease and
that vaccination against
that disease is prohibited in
order that the whole territories of the Czech Republic
and Cyprus may be declared free of Aujeszky's disease as
regards swine herds.

The Czech Republic as regards its territory submitted to
the Commission documentation demonstrating compli-
ance with all requirements laid down in Annex A(I)(4) to
Directive 64/432/EEC in order that the whole territory
of the Czech Republic may be declared officially free of
tuberculosis as regards bovine herds.

(4) OJ L 215, 9.8.2001, p. 48. Decision as last amended by Decision

2003/575/EC (OJ L 196, 2.8.2003, p. 41).

(3) OJ L 13, 21.1.1993, p. 14. Decision as last amended by Decision

(5) OJ L 156, 25.6.2003, p. 74. Decision as amended by Decision

2004/199/EC (OJ L 64, 2.3.2004, p. 41).

2004/230/EC (OJ L 70, 9.3.2004, p. 41).

L 102/76

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Official Journal of the European Union

7.4.2004

(9)

(10)

(11)

(12)

(13)

(14)

The Czech Republic as regards its territory submitted to
the Commission documentation demonstrating compli-
ance with all requirements laid down in Annex A(II)(7)
to Directive 64/432/EEC in order that the whole terri-
tory of the Czech Republic may be declared officially
free of brucellosis as regards bovine herds.

The Czech Republic and Cyprus as regards their respec-
tive territories submitted to the Commission documenta-
tion demonstrating compliance with all requirements
laid down in Annex D, Chapter I, sections E, F and G to
Directive 64/432/EEC in order that the whole territories
of the Czech Republic and Cyprus may be declared offi-
cially free of enzootic bovine leucosis as regards bovine
herds.

Following evaluation of the documentation submitted by
the Czech Republic, Hungary and Slovakia, the whole
territories of these countries should be declared officially
free of brucellosis (B. melitensis) as regards ovine flocks
and caprine herds.

Following evaluation of the documentation submitted by
France, the Czech Republic and Cyprus, the department
of Pas-de-Calais in France and the whole territories of
the Czech Republic and Cyprus should be declared free
of Aujeszky's disease as regards swine herds.

Following evaluation of the documentation submitted by
the Czech Republic the whole territory of that country
should be declared officially free of tuberculosis, brucel-
losis and enzootic bovine leucosis as regards bovine
herds.

Following evaluation of the documentation submitted by
Cyprus the whole territory of that country should be
declared officially free of enzootic bovine leucosis as
regards bovine herds.

(15) Decisions 93/52/EEC, 2001/618/EC and 2003/467/EC

should therefore be amended accordingly.

(16)

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

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 93/52/EEC is replaced by Annex I to this
Decision.

Article 2

Annexes I and II to Decision 2001/618/EC are replaced by
Annex II to this Decision.

Article 3

Decision 2003/467/EC is amended as follows:

(a) in Annex I, Chapter 1 is replaced by Annex III to this Deci-

sion;

(b) in Annex II, Chapter 1 is replaced by Annex IV to this

Decision;

(c) in Annex III, Chapter 1 is replaced by Annex V to this

Decision.

Article 4

This Decision shall apply subject to and from the date of the
entry into force of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

the Treaty of Accession of

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 31 March 2004.

For the Commission

David BYRNE

Member of the Commission

7.4.2004

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Official Journal of the European Union

L 102/77

ANNEX I

(as referred to in Article 1)

‘ANNEX I

MEMBER STATE

ISO code

Member State

AT

BE

CZ

DE

DK

FI

HU

IE

LU

NL

SE

SK

UK

Austria

Belgium

Czech Republic

Germany

Denmark

Finland

Hungary

Ireland

Luxembourg

Netherlands

Sweden

Slovakia

United Kingdom’

L 102/78

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Official Journal of the European Union

7.4.2004

ANNEX II

(as referred to in Article 2)

‘ANNEX I

Member States or regions thereof free of Aujeszky's disease and where vaccination is prohibited

ISO code

Member State

Regions

AT

CY

CZ

DE

DK

FI

FR

LU

SE

UK

Austria

Cyprus

Czech Republic

Germany

Denmark

Finland

France

Whole territory.

Whole territory.

All regions.

All regions.

All regions.

All regions.

The Departments of Aisne, Allier, Alpes-de-Haute-Provence, Alpes-
Maritimes, Ardèche, Ardennes, Ariège, Aube, Aude, Aveyron, Bas-
Rhin, Bouches-du-Rhône, Calvados, Cantal, Charente, Charente-Mari-
time, Cher, Corrèze, Côte-d'Or, Creuse, Deux-Sèvres, Dordogne,
Doubs, Drôme, Essonne, Eure, Eure-et-Loir, Gard, Gers, Gironde,
Hautes-Alpes, Hauts-de-Seine, Haute Garonne, Haute-Loire, Haute-
Marne, Hautes-Pyrénées, Haut-Rhin, Haute-Saône, Haute-Savoie,
Haute-Vienne, Hérault, Indre, Indre-et-Loire, Isère, Jura, Landes, Loire,
Loire-Atlantique, Loir-et-Cher, Loiret, Lot, Lot-et-Garonne, Lozère,
Maine-et-Loire, Manche, Marne, Mayenne, Meurthe-et-Moselle, Meuse,
Moselle, Nièvre, Oise, Orne, Paris, Pas-de-Calais, Pyrénées-Atlantiques,
Pyrénées-Orientales, Puy-de-Dôme, Réunion, Rhône, Sarthe, Saône-et-
Loire,
Seine-Saint-Denis,
Somme, Tarn, Tarn-et-Garonne, Territoire de Belfort, Val-de-Marne,
Val-d'Oise, Var, Vaucluse, Vendée, Vienne, Vosges, Yonne, Yvelines.

Savoie, Seine-et-Marne,

Seine-Maritime,

Luxembourg

Sweden

All regions.

All regions.

United Kingdom

All regions in England, Scotland and Wales.

ANNEX II

Member States or regions thereof where approved Aujeszky's disease control programmes are in place

ISO code

Member State

Regions

BE

FR

IT

NL

Belgium

France

Italy

Netherlands

Whole territory.

The departments of Ain, Côtes-d'Armor, Finistère,
Morbihan and Nord.

Ille-et-Vilaine,

The Province of Bolzano.

Whole territory.’

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Official Journal of the European Union

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ANNEX III

(as referred to in Article 3(a))

‘CHAPTER 1

Officially tuberculosis-free Member States

ISO code

Member State

AT

BE

CZ

DE

DK

FI

FR

LU

NL

SE

Austria

Belgium

Czech Republic

Germany

Denmark

Finland

France

Luxembourg

Netherlands

Sweden’

ANNEX IV

(as referred to in Article 3(b))

‘CHAPTER 1

Officially brucellosis-free Member States

ISO code

Member State

AT

BE

CZ

DE

DK

FI

LU

NL

SE

Austria

Belgium

Czech Republic

Germany

Denmark

Finland

Luxembourg

Netherlands

Sweden’

L 102/80

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Official Journal of the European Union

7.4.2004

ANNEX V

(as referred to in Article 3(c))

‘CHAPTER 1

Officially enzootic-bovine-leukosis-free Member States

ISO code

Member State

AT

BE

CY

CZ

DE

DK

ES

FI

FR

IE

LU

NL

SE

UK

Austria

Belgium

Cyprus

Czech Republic

Germany

Denmark

Spain

Finland

France

Ireland

Luxembourg

Netherlands

Sweden

United Kingdom’