Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (Text with EEA relevance.)
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Union transit, health legislation, import, live animal

30.4.2004 

EN 

Official Journal of the European Union 

L 139/321 

COUNCIL DIRECTIVE 2004/68/EC 

of 26.4.2004 

laying down animal health rules for the importation into and transit through the Community 

of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC 

and repealing Directive 72/462/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 Commission, 

Having regard to the Opinion of the European Parliament 1, 

Having regard to the Opinion of the European Economic and Social Committee 2, 

Having regard to the Opinion of the Committee of the Regions 3, 

1 
2 
3 

OJ C  
OJ C 
OJ C  

 
 
 
 
 
 
 
 
 
 
                                                 
Whereas: 

(1)  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 1 ensures a high level of animal health protection by laying 

down the general sanitary requirements for certain imports from third countries. 

(2) 

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 of the 

international standards of the Office International des Epizooties (OIE) and the adoption by 

this Office of new standards, together with their implications in the framework of the World 

Trade Organisation (WTO) and its Agreement on the Application of Sanitary and 

Phytosanitary Measures. 

(3) 

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 consumption 2 replaces the requirements for meat and meat products 

provided for in Directive 72/462/EEC.  It is therefore necessary and appropriate to lay down 

similar and updated animal health provisions for imports of live ungulate animals into the 

Community in this Directive. 

1 

2 

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). 
OJ L 18, 23.1.2003, p. 11. 

 
 
 
 
 
 
                                                 
(4) 

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 therein 1. 

(5)  Under Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 

the movement and import from third countries of equidae2, 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 

such equidae should be included in Directive 90/426/EEC. 

(6)  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. 

(7) 

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  3, in particular as regards watering and feeding should be taken into 

account in this Directive. 

1 

2 

3 

OJ L 61, 3.3.1997, p. 1.  Regulation as last amended by Regulation (EC) No 1882/2003 of the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 
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. 

 
 
 
 
 
 
                                                 
(8) 

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 1 

should also be taken into account. 

(9)  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 2.  

(10)  The public health and official control rules which apply to meat and meat products by virtue 

of Directive 72/462/EEC have been replaced by those of Regulation (EC) No   /   of the 

European Parliament and of the Council laying down specific rules for the organisation of 
official controls on products of animal origin intended for human consumption *, which 

should apply as from 1 January 2006.  The other rules of the said Directive have been 

replaced by Directive 2002/99/EC, the provisions of which apply as from 1 January 2005, or 

will be replaced by those of this Directive. 

(11)  Directive 72/462/EEC should therefore be repealed when all the texts replacing the provisions 

thereof will be applicable. 

1 

2 
*  

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. 
Note for OJ: Insert No and OJ. 

 
 
 
 
 
 
                                                 
(12)  It is necessary, however, in the interest of clarity of Community legislation, to repeal certain 

Decisions that are no longer applicable and at the same time to provide for certain 

implementing rules to remain in force until the necessary measures have been adopted under 

the new legal framework. 

(13)  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. 

(14)  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 safety1, establishes new committee procedures and terminology.  In the interests of 

consistency of Community legislation, those procedures and terminology should be taken into 

account in this Directive. 

1 

OJ L 31, 1.2.2002, p. 1.  Regulation as amended by Regulation (EC) No 1642/2003 
(OJ L 245, 29.9.2003, p. 4). 

 
 
 
 
 
                                                 
(15)  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 1, 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.  

(16)  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 committee procedure. 

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

HAS ADOPTED THIS DIRECTIVE: 

1 

OJ L 268, 14.9.1992, p. 54.  Directive as last amended by Commission Regulation (EC) 
No 1398/2003 (OJ L 198, 6.8.2003, p. 3).  

 
 
 
 
 
 
                                                 
Chapter I 

Subject matter, scope and definitions 

Article 1 

Subject matter and scope 

This Directive lays down the animal health requirements for the importation into and transit through 

the Community of live ungulates. 

Article 2 

Definitions 

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

(a) 

"third countries" shall mean countries other than Member States, and those territories of 

Member States to which Council Directive 89/662/EEC of 11 December 1989 concerning 

veterinary checks in intra-Community trade with a view to the completion of the internal 
market 1 and 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 2 do not apply; 

1 
2 

OJ L 395, 30.12.1989, p. 13.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 224, 18.8.1990, p. 29.  Directive as last amended by Directive 2002/33/EC of the 
European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14). 

 
 
 
 
 
 
 
 
                                                 
(b) 

"authorised third country" shall mean 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); 

(c) 

"official veterinarian" shall mean a veterinarian authorised by the veterinary administration of 

a third country to perform health inspections of live animals, and to perform official 

certification; 

(d) 

"ungulates" shall mean those animals listed in Annex 1. 

 
 
 
 
 
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 ungulates into and transit through 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 preceding subparagraph shall apply to the 

whole territory of an authorised third country or to only part of its territory. 

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 ungulates into or transiting through 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 the lists of authorised third countries are drawn up or amended, particular account shall be 

taken of: 

(a) 

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; 

(b) 

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

(c) 

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; 

 
 
 
 
 
 
 
 
(d) 

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 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; 

(f) 

the guarantees given by the third country directly to 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; 

 
 
 
 
 
 
 
 
(g) 

any experience of previous imports of live animals from the third country and the results of 

any import controls carried out; 

(h) 

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; 

(i) 

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. 

Publication of lists of authorised third countries by the Commission 

Article 5 

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. 

 
 
 
 
 
 
 
Specific animal health conditions for imports and transit from authorised third countries 

of live ungulates into the Community 

Article 6 

1.   Specific animal health conditions for the importation and transit of live ungulates from 

authorised third countries 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 and sex of the animals; 

(c) 

the intended destination or purpose of the animals; 

(d) 

the 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.   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.  

3.   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. 

 
 
 
 
 
 
 
 
 
 
 
 
Article 7 

Guarantees from the authorised third country regarding imports of live ungulates 

into the Community 

Imports of live ungulates into the Community shall be allowed only if the authorised third country 

provides the following guarantees: 

(a) 

the animals must come from a disease-free territory, in accordance with the basic general 

criteria listed in Annex II and into which the entry of animals vaccinated against the diseases 

listed in that Annex must be prohibited; 

(b) 

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

(c) 

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; 

(d)  before shipment to the Community, the animals must have undergone a check by an official 

veterinarian to ensure that they are healthy and that the transport conditions provided for in 

Directive 91/628/EEC are complied with, in particular as regards watering and feeding; 

(e) 

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; 

(f) 

upon arrival in the Community, the animals must be checked at an agreed border inspection post 

in accordance with Article 4 of Directive 91/496/EEC. 

 
 
 
 
 
 
 
 
 
 
Derogation from guarantees to be provided by authorised third countries 

Article 8 

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 or transit of live ungulates from third countries authorised under Article 3(1) if those 

animals: 

(a) 

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

of the Community frontiers; 

(b) 

are related to sporting events, circuses, shows and exhibitions but not related to commercial 

transactions of the animals themselves; 

(c) 

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; 

(d) 

exclusively transit the territory of the Community through approved Community border 

inspection posts under customs and official veterinary approval and supervision, with no stop 

in the Community other than those necessary for animal welfare purposes; 

(e) 

accompany their owners as pet animals or; 

 
 
 
 
 
 
 
 
 
(f) 

are presented at an approved Community border inspection post after they have left the 

Community: 

– 

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

or, 

– 

transiting a third country or; 

(g)  which belong to endangered species. 

Derogation from Article 7(a) as regards imports or transit from authorised third countries where 

diseases listed in Annex II are present and/or vaccinations are carried out 

Article 9 

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 or transit of live ungulates 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. 

Such derogations shall be established country by country. 

 
 
 
 
 
 
 
 
Derogation from Article 7(a) as regards imports or transit from authorised third countries where 

imports or transit have been suspended or prohibited 

Article 10 

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 or transit of live 

ungulates from an authorised third country may be resumed after the suspension or prohibition of 

importation or transit 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 or transit 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. 

 
 
 
 
 
 
 
 
Article 11 

Veterinary Certificates 

1.   A veterinary certificate complying with the requirements set out in Annex III shall be presented 

with each consignment of animals upon their import or transit into the Community. 

2.   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. 

3.   The veterinary certificate may include certification statements required under other Community 

legislation on public health, animal health and animal welfare. 

4.   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 

1.   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. 

 
 
 
 
 
 
 
 
 
 
2.   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. 

3.   The procedure for carrying out the inspections and/or audits in third countries as provided for in 

paragraph 1 may be established or amended in accordance with the procedure referred to in 

Article 14(2). 

4.   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 Article 18 of Directive 91/496/EEC, including the suspension or withdrawal of the 

authorisation provided for in Article 3(1). 

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) 

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

diseases; 

(d)  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). 

 
 
 
 
 
 
 
 
 
 
 
 
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.   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. 

2.   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 set at 15 days. 

3.   The Committee shall adopt its rules of procedure. 

 
 
 
 
 
 
 
 
 
 
 
Article 15 

Amendment to Directive 90/426/EEC 

Directive 90/426/EEC is hereby amended as follows: 

1)  Article 12 shall be 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 preceding subparagraph shall apply to the whole territory 

of the third country or to only part of its territory. 

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 the lists provided for in paragraph 1 are drawn up or amended, 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) 

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; 

(d) 

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 infectious diseases of 

equidae 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 sanitary 

rules concerning equidae, in particular regarding the 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; 

(h) 

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; 

 
 
 
 
 
 
 
 
(i) 

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. 

3.   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. 

4.   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). 

5.   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)." 

 
 
 
 
 
 
 
2) 

the following point shall be added to Article 19: 

"(iv)  may designate a Community reference laboratory for one or more of the diseases of 

equidae listed in Annex A and shall stipulate the functions, tasks and procedures 

regarding collaboration with laboratories responsible for diagnosing infectious diseases 

of equidae in the Member States.". 

Article 16 

Amendment to Directive 92/65/EEC 

Directive 92/65/EEC is hereby amended as follows: 

1) 

the first subparagraph of Article 1 shall be 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 shall be amended as follows: 

(a) 

in A(1), point (e) shall be replaced by; 

"(e)  must be accompanied by a certificate corresponding to the specimen given in 

Annex E part 1, bearing the following declaration: 

Declaration 

I, the undersigned (official veterinarian), certify that the ruminant(s) 1/suida(e) 1 
other than that 1/those 1 covered by Directive 64/432/EEC: 

(i) 

belong/belongs 1 to the ……………; 

(species)  

(ii)  at the time of examination, do 1/does 1 not show any clinical sign of any 

disease to which it 1/they 1 is 1/are 1 susceptible; 

(iii)  come(s) from an officially tuberculosis free 1/officially brucellosis free 1 or 

brucellosis free herd 1/holding 1 not subject to swine fever restrictions or 
from a holding where it 1/they 1 was 1/were 1 subjected with negative results 

to the test(s) laid down in Article 6(2)(b) of Directive 92/65/EEC. 

1 

Delete where inapplicable."; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         
(b) 

In A(1), point (f) shall be deleted; 

(c) 

in A(2), point (b) shall be replaced by: 

"where they do not come from a herd meeting the conditions laid down in (a), they must 

come from a holding in which no case of brucellosis or tuberculosis has been recorded 

in the 42 days preceding loading of the animals and in which the ruminants have in the 

30 days prior to dispatch undergone with negative results a test for brucellosis and 

tuberculosis."; 

(d) 

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

(e) 

the following point shall be added to (A): 

"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.  These 

decisions shall take into consideration the case of ruminants reared in the arctic 

regions of the Community.  

Pending the decisions provided for in the preceding subparagraph, national rules 

shall continue to apply.";  

 
 
 
 
 
 
 
 
 
3)  Article 17 shall be amended as follows: 

(a) 

in paragraph 3, points (a) and (b) shall be 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, semen, ova and embryos and, 

(b)  without prejudice to Commission Decision 94/63/EC of 31 January 1994 drawing 

up a list of third countries from which Member States authorise imports of semen, 

ova and embryos of the ovine and caprine species and ova and embryos of the 

porcine species *, a list of the collection centres for which these third countries 

are able to give the guarantees provided for in Article 11." 

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 the second subparagraph of 

Article 26. 

* 

OJ L 28, 2.2.1994, p. 47.  Decision as last amended by Decision 2004/211/EC."; 

4) 

in Article 23, the words "from Article 6 (A)(1)(e) and" shall be deleted; 

5)  Article 26 shall be replaced by the following: 

"Article 26 

1.   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 of the Council.* 

2.   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 set at three months. 

3.   The Committee shall adopt its Rules of Procedure. 

* 
OJ L 31, 1.2.2002, p. 1. 
**  OJ L 184, 17.7.1999, p. 23."; 

6) 

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

 
 
 
 
 
                          
 
 
 
 
 
 
 
 
                              
 
Chapter III 

Final provisions 

Article 17 

Transitional measures 

Transitional measures may be laid down in accordance with the procedure referred to in 

Article 14(2). 

Article 18 

Transposal into national law 

1.   Member States shall bring into force the laws, regulations, and administrative provisions 
necessary to comply with this Directive before ..... *.  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. 

2.   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. 

*  

18 months after the date of entry into force of this Directive. 

 
 
 
 
 
 
 
 
 
 
                                                 
Article 19 

Repeal of Directive 72/462/EEC 

Directive 72/462/EEC shall be repealed with effect from the date of application of Regulation *. 

Article 20 

Implementing rules established under Decisions adopted for the import of live animals, meat and 

meat products under Directive 72/462/EEC, as listed in Annex V to this Directive, shall remain in 

force until replaced by measures adopted under the new regulatory framework. 

Article 21 

Entry into force and applicability 

This Directive shall enter into force on the twentieth day following that of its publication in the OJ 

of the European Union. 

Article 22 

This Directive is addressed to the Member States. 

Done at Luxembourg, 26.4.2004 

 For the Council 

  The President 

J. WALSH 

*  

Note for OJ: Number of the Regulation referred to in recital 10. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
Animal species as referred to in Article 1 

ANNEX I 

Order 

Family  

Genera/Species 

Antilocapridae 

Antilocapra ssp. 

Taxon 

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., 

Connochaetes ssp., Damaliscus ssp.(including Beatragus), 

Dorcatragus ssp., Gazella ssp., Hemitragus ssp., Hippotragus ssp., 

Kobus ssp., Litocranius ssp., Madogua ssp., Naemorhedus ssp. 

Bovidae 

(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 

Artiodactyla 

Boocerus).  

Camelidae 

Camelus ssp., Lama ssp., Vicugna ssp. 

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. 

Giraffidae 

Giraffa ssp., Okapia ssp. 

Hippopotamidae 

Hexaprotodon-Choeropsis ssp., Hippopotamus ssp. 

Moschidae 

Moschus ssp. 

Suidae 

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

ssp., Sus ssp., 

Tayassuidae 

Catagonus ssp., Pecari-Tayassu ssp. 

Tragulidae 

Hyemoschus ssp., Tragulus-Moschiola ssp. 

Perissodactyla 

Rhinocerotidae 

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

Tapiridae 

Tapirus ssp.. 

Proboscidae 

Elephantidae 

Elephas ssp., Loxodonta ssp. 

 
 
 
 
 
 
 
 
 
 
 
 
The diseases referred to in Article 4(f)(i) and the basic general criteria for a territory to be 

considered disease-free in accordance with Article 7(a) 

ANNEX II 

Disease 

Conditions 

Animals concerned 

Foot and mouth disease 

no outbreak of disease, no evidence of virus 
infection * and no vaccination carried out 

all species 

during the last 12 months 

Vesicular stomatitis 

no case of disease during the last 6 months 

all species 

Swine vesicular disease 

no case of disease and no vaccination carried 

out during the last 24 months 

species of family Suidae 

Rinderpest 

no case of disease and no vaccination carried 

out during the last 12 months 

all species 

Peste des petits ruminants 

no case of disease and no vaccination carried 

species of the genera 

out during the last 12 months 

Ovis and Capra  

Contagious bovine 

no case of disease and no vaccination carried 

pleuropneumonia 

out during the last 12 months 

species of the genus Bos 

Lumpy skin disease 

no case of disease and no vaccination carried 

species of the genera 

out during the last 36 months 

Bos, Bison and Bubalus 

Rift valley fever 

no case of disease and no vaccination carried 

all species other than 

out during the last 12 months 

those of family Suidae 

Bluetongue 

out during the last 12 months with appropriate 

no case of disease and no vaccination carried 

control of the Culicoides population  

all species other than 

those of family Suidae 

Sheep pox and goat pox 

no case of disease and no vaccination carried 

Species of the genera 

out during the last 12 months 

Ovis and Capra 

African swine fever 

no case of disease during the last 12 months 

species of family Suidae 

Classical swine fever 

no case of disease and no vaccination carried 

out during the last 12 months 

species of family Suidae 

* 

in accordance with Chapter 2.1.1 of the OIE Manual 

 
 
 
 
 
 
 
 
Requirements for veterinary certificates as referred to in Article 11 

ANNEX III 

1. 

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. 

2.  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. 

3. 

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

into the Community. 

4.  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"). 

5.  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. 

6. 

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. 

 
 
 
 
 
 
 
 
"ANNEX F 

ANNEX IV 

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 --/2004/EC, of […] , laying down animal health rules for the importation into and 
transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC 
and 92/65/EEC and repealing Directive 72/462/EEC +." 

+  

Note for OJ: insert missing details. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
ANNEX V 

List of Decisions 

2003/56/EC: Commission Decision of 24 January 2003 on health certificates for the importation of 
live animals and animal products from New Zealand (OJ L 22, 25.1.2003, p. 38) 

2002/987/EC: Commission Decision of 13 December 2002 on the list of establishments in the 
Falkland Islands approved for the purpose of importing fresh meat into the Community (OJ L 344, 
19.12.2002, p. 39) 

2002/477/EC: Commission Decision of 20 June 2002 laying down public health requirements for 
fresh meat and fresh poultry meat imported from third countries, and amending Decision 94/984/EC 
(OJ L 164, 22.6.2002, p. 39) 

2001/600/EC: Commission Decision of 17 July 2001 concerning protective measures with regard to 
imports of certain animals from Bulgaria due to an outbreak of bluetongue, repealing 
Decision 1999/542/EC, amending Decision 98/372/EC concerning the animal health conditions and 
veterinary certifications for import of live animals of bovine and swine species from certain 
European countries to take into account some aspects in relation with Bulgaria and amending 
Decision 97/232/EC drawing up lists of third countries from which Member States authorise 
imports of sheep and goats (OJ L 210, 3.8.2001, p. 51) 

2000/159/EC: Commission Decision of 8 February 2000 on the provisional approval of residue 
plans of third countries according to Council Directive 96/23/EC (OJ L 51, 24.2.2000, p 30) 

98/8/EC: Commission Decision of 16 December 1997 on the list of establishments in the 
Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the 
Community (OJ L 2, 6.1.1998, p. 12) 

97/222/EC: Commission Decision of 28 February 1997 laying down the list of third countries from 
which the Member States authorize the importation of meat products (OJ L 89, 4.4.1997, p. 39) 

97/221/EC: Commission Decision of 28 February 1997 laying down the animal health conditions 
and model veterinary certificates in respect of imports of meat products from third countries and 
revoking Decision 91/449/EEC (OJ L 89, 4.4.1997, p. 32) 

 
 
 
 
 
 
 
 
 
 
 
95/427/EC: Commission Decision of 16 October 1995 on the list of establishments in the 
Republic of Namibia approved for the purpose of importing meat products into the Community 
(OJ L 254, 24.10.1995, p. 28) 

95/45/EC: Commission Decision of 20 February 1995 on the list of establishments in the former 
Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the 
Community (OJ L 51, 8.3.1995, p. 13) 

94/465/EC: Commission Decision of 12 July 1994 on the list of establishments in Botswana 
approved for the purpose of importing meat products into the Community (OJ L 190, 26.7.1994, 
p. 25) 

94/40/EC: Commission Decision of 25 January 1994 on the list of establishments in Zimbabwe 
approved for the purpose of importing meat products into the Community (OJ L 22, 27.1.1994, 
p. 50) 

93/158/EEC: Council Decision of 26 October 1992 concerning the conclusion of an Agreement in 
the form of an exchange of letters between the European Economic Comunity and the United States 
of America concerning the application of the Community third country Directive, Council 
Directive 72/462/EEC, and the corresponding United States of America regulatory requirements 
with respect to trade in fresh bovine and porcine meat (OJ L 68, 19.3.1993, p 1) 

93/26/EEC: Commission Decision of 11 December 1992 on the list of establishments in the 
Republic of Croatia approved for the purpose of importing fresh meat into the Community 
(OJ L 16, 25.1.1993, p. 24) 

90/432/EEC: Commission Decision of 30 July 1990 on the list of establishments in Namibia 
approved for the purpose of importing fresh meat into the Community (OJ L 223, 18.8.1990, p. 19) 

90/13/EEC: Commission Decision of 20 December 1989 on the procedure to be followed for 
amending or supplementing the lists of establishments approved in third countries for the import of 
fresh meat into the Community (OJ L 8, 11.1.1990, p. 70) 

87/431/EEC: Commission Decision of 28 July 1987 on the list of establishments in the Kingdom of 
Swaziland approved for the purpose of importing fresh meat into the Community (OJ L 228, 
15.8.1987, p. 53) 

 
 
 
 
 
 
 
 
 
 
 
87/424/EEC: Commission Decision of 14 July 1987 on the list of establishments in the 
United Mexican States approved for the purpose of importing fresh meat into the Community 
(OJ L 228, 15.8.1987, p. 43) 

87/258/EEC: Commission Decision of 28 April 1987 on the list of establishments in Canada 
approved for the purpose of importing fresh meat into the Community (OJ L 121, 9.5.1987, p. 50) 

87/257/EEC: Commission Decision of 28 April 1987 on the list of establishments in the 
United States of America approved for the purpose of importing fresh meat into the Community 
(OJ L 121, 9.5.1987, p. 46) 

87/124/EEC: Commission Decision of 19 January 1987 on the list of establishments in Chile 
approved for the purpose of importing fresh meat into the Community (OJ L 51, 20.2.1987, p. 41) 

86/474/EEC: Commission Decision of 11 September 1986 on the implementation of the 
on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine 
and fresh meat from non-member countries (OJ L 279, 30.9.1986, p. 55) 

86/65/EEC: Commission Decision of 13 February 1986 on the list of establishments in Morocco 
approved for the purpose of importing fresh meat into the Community (OJ L 72, 15.3.1986, p. 40) 

85/539/EEC: Commission Decision of 29 November 1985 on the list of establishments in 
Greenland approved for the purpose of importing fresh meat into the Community (OJ L 334, 
12.12.1985, p. 25) 

84/24/EEC: Commission Decision of 23 December 1983 on the list of establishments in Iceland 
approved for the purposes of importing fresh meat into the Community (OJ L 20, 25.1.1984, p. 21) 

83/423/EEC: Commission Decision of 29 July 1983 on the list of establishments in the Republic of 
Paraguay approved for the purpose of importing fresh meat into the Community (OJ L 238, 
27.8.1983, p. 39) 

83/402/EEC: Commission Decision of 29 July 1983 on the list of establishments in New Zealand 
approved for the purposes of importing fresh meat into the Community (OJ L 233, 24.8.1983, p. 24) 

 
 
 
 
 
 
 
 
 
 
 
 
83/384/EEC: Commission Decision of 29 July 1983 on the list of establishments in Australia 
approved for the purposes of importing fresh meat into the Community (OJ L 222, 13.8.1983, p. 36) 

83/243/EEC: Commission Decision of 10 May 1983 on the list of establishments in the Republic of 
Botswana approved for the purposes of importing fresh meat into the Community (OJ L 129, 
19.5.1983, p. 70) 

83/218/EEC: Commission Decision of 22 April 1983 on the list of establishments in the Socialist 
Republic of Romania approved for the purpose of importing fresh meat into the Community 
(OJ L 121, 7.5.1983, p. 23) 

82/923/EEC: Commission Decision of 17 December 1982 concerning the establishments in the 
Republic of Guatemala from which Member States may authorize the importation of fresh meat 
(OJ L 381, 31.12.1982, p. 40) 

82/913/EEC: Commission Decision of 16 December 1982 on the list of establishments in the 
Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the 
Community (OJ L 381, 31.12.1982, p. 28) 

82/735/EEC: Council Decision of 18 October 1982 on the list of establishments in the 
People's Republic of Bulgaria approved for the purposes of exporting fresh meat to the Community 
(OJ L 311, 8.11.1982, p. 16) 

82/734/EEC: Council Decision of 18 October 1982 on the list of establishments in the 
Swiss Confederation approved for the purposes of exporting fresh meat to the Community 
(OJ L 311, 8.11.1982, p. 13) 

81/713/EEC: Commission Decision of 28 July 1981 on the list of establishments in the 
Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat 
of domestic solipeds into the Community (OJ L 257, 10.9.1981, p. 28) 

81/92/EEC: Commission Decision of 30 January 1981 on the list of establishments in the 
Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheep 
meat and meat of domestic solipeds into the Community (OJ L 58, 5.3.1981, p. 43) 

81/91/EEC: Commission Decision of 30 January 1981 on the list of establishments in the 
Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheep meat 
and meat of domestic solipeds into the Community (OJ L 58, 5.3.1981, p. 39) 

 
 
 
 
 
 
 
 
 
 
 
 
79/542/EEC: Council Decision of 21 December 1976 drawing up a list of third countries or parts of 
third countries, and laying down the animal and public health, and veterinary certification 
conditions, for importation into the Community of certain live animals and their fresh meat. 
(OJ L 146, 14.6.1979, p. 15) 

78/685/EEC: Commission Decision of 26 July 1978 establishing a list of epizootic diseases in 
accordance with Directive 72/462/EEC (OJ L 227, 18.8.1978, p. 32).