Corrigendum to 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 (OJ L 139, 30.4.2004)(Text with EEA relevance.)
Date: 2004-06-25
Institutions: Council of the European Union
Subjects: Union transit, health legislation, import, live animal

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Corrigendum to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the
through the Community of certain live ungulate animals, amending
importation into and transit

Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC

(Official Journal of the European Union L 139 of 30 April 2004)

Directive 2004/68/EC should read as follows:

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)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Commu-
nity, 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,

Whereas:

(1)

(2)

Council Directive 72/462/EEC of 12 December 1972 on
health and veterinary inspection problems upon importa-
tion of bovine, ovine and caprine animals and swine, fresh
meat or meat products from third countries (3) 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 pro-
vided 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 frame-
work of the World Trade Organisation (WTO) and its
Agreement on the Application of Sanitary and Phytosani-
tary Measures.

(4)

(5)

In addition, Council Directive 2002/99/EC of 16 Decem-
ber 2002 laying down the animal health rules governing
the production, processing, distribution and introduction
of products of animal origin for human consumption (4)
replaces the requirements for meat and meat products pro-
vided 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.

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. How-
ever, 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 (5).

Pursuant to Council Directive 90/426/EEC of 26 June
1990 on animal health conditions governing the move-
ment and import from third countries of equidae (6),
imports into the Community of equidae are allowed only
from third countries appearing on a list drawn up in accor-
dance 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.

(1) Opinion of 30 March 2004 (not yet published in the Official Journal).
(2) Opinion of 25 February 2004 (not yet published in the Official

Journal).

(4) OJ L 18, 23.1.2003, p. 11.
(5) OJ L 61, 3.3.1997, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).

(3) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation

(6) OJ L 224, 18.8.1990, p. 42. Directive as amended by Regulation (EC)

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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

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(6)

(7)

(8)

(9)

Scientific knowledge concerning the susceptibility and test-
ing of certain animals to diseases changes regularly. A pro-
cedure 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 Com-
munity legislation, the general requirements of Council
Directive 91/628/EEC of 19 November 1991 on the pro-
tection of animals during transport (1), 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 con-
sistency 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 (2) 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 (3).

(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 854/2004 of the European Parliament and of the Coun-
cil of 29 April 2004laying down specific rules for the
organisation of official controls on products of animal ori-
gin intended for human consumption (4), 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.

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, establish-
ing the European Food Safety Authority and laying down
procedures in matters of food safety (5), 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.

(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 (6), 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 require-
ments upon importation of live animals covered by Direc-
tive 92/65/EEC should be updated or established by com-
mittee procedure.

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

amended accordingly,

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

HAS ADOPTED THIS DIRECTIVE:

(12)

(13)

It is necessary, however, in the interest of clarity of Com-
munity legislation, to repeal certain decisions that are no
longer applicable and at the same time to provide for cer-
tain implementing rules to remain in force until the nec-
essary measures have been adopted under the new legal
framework.

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

(1) OJ L 340, 11.12.1991, p. 17. Directive as amended by Regulation

(EC) No 806/2003.

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.

(2) OJ L 268, 24.9.1991, p. 56. Directive as amended by Directive

(5) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation

96/43/EC

(3) OJ L 184, 17.7.1999, p. 23.
(4) See page 83 of this Official Journal.

(EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

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

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Article 2

Definitions

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

(a)

(b)

(c)

‘third countries’ shall mean countries other than Member
States, and those territories of Member States to which Coun-
cil 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;

‘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);

‘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

The importation of live ungulates into and transit through
1.
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 pro-
vided 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 rela-
tion to its sanitary requirements for importation from other third
countries and from the Community.

(1) OJ L 395, 30.12.1989, p. 13. Directive

as

amended by

Regulation (EC) No 806/2003.

(2) OJ L 224, 18.8.1990, p. 29. Directive

amended by
Directive 2002/33/EC of the European Parliament and of the Council
(OJ L 315, 19.11.2002, p. 14).

as

The authorisation for importation of live ungulates into or
2.
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)

(b)

(c)

(d)

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 equiva-
lence 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 conta-
gious animal diseases in its territory, in particular those dis-
eases 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 ani-
mals, 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 assess-
ment of the competent authorities or, where the Commission
so requests, the report submitted by the competent authori-
ties on the inspections which they have carried out;

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(i)

the rules on the prevention and control of infectious or con-
tagious 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 and transit
from authorised third countries of live ungulates into
the Community

Specific animal health conditions for the importation and
1.
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;

into which the entry of animals vaccinated against the dis-
eases listed in that Annex must be prohibited;

(b)

the animals must comply with the specific animal health con-
ditions 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 autho-
rised 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 veteri-
nary 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.

Article 8

(c)

the intended destination or purpose of the animals;

Derogation from guarantees to be provided by authorised
third countries

(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 para-
graph 1 shall be based on the rules laid down in Community leg-
islation for the diseases to which the animals are susceptible.

3.
However, where the equivalence of the official health guar-
antees provided for by the third country concerned can be for-
mally 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 accor-
dance with the basic general criteria listed in Annex II and

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
of
defined
Directive 92/65/EEC, an approved body, approved institute
or approved centre;

in Article

2(c)

or,

as

(d) exclusively transit the territory of the Community through
approved Community border inspection posts under cus-
toms and official veterinary approval and supervision, with
no stop in the Community other than those necessary for
animal welfare purposes;

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(e) accompany their owners as pet animals;

or

Article 11

Veterinary Certificates

(f)

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

1.
A veterinary certificate complying with the requirements set
out in Annex III shall be presented with each consignment of ani-
mals upon their import or transit into 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.

Article 9

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

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 dis-
eases listed in Annex II are present and/or vaccinations against
those diseases are carried out.

Such derogations shall be established country by country.

Article 10

Derogation from Article 7(a) as regards imports or transit
from authorised third countries where imports or transit
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 or transit of live ungu-
lates 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 con-
ditions to be fulfilled after such resumption.

When deciding to resume the importation or transit of such ani-
mals, account shall be taken of:

— international standards,

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

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), pro-
visions that are equivalent to those requirements, have been com-
plied with.

3.
The veterinary certificate may include certification state-
ments required under other Community legislation on public
health, animal health and animal welfare.

4.
The use of the veterinary certificate provided for in para-
graph 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 coun-
tries by experts from the Commission in order to verify confor-
mity 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 Com-
mission 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 estab-
lished or amended in accordance with the procedure referred to
in Article 14(2).

4.
If a serious animal health risk is identified during an inspec-
tion and/or audit as provided for in paragraph 1, even if it is not
directly related to the objectives of the inspection/audit, the Com-
mission shall immediately, take the measures necessary to safe-
guard animal health,
laid down in Article 18 of
Directive 91/496/EEC, including the suspension or withdrawal of
the authorisation provided for in Article 3(1).

as

Article 13

Empowering provisions

The following may be established in accordance with the

1.
procedure referred to in Article 14(2):

— whether the outbreak or outbreaks are successfully eradicated

within a limited period of time.

(a) detailed rules for the application of this Directive;

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(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 accor-
dance with the procedure referred to in Article 14(2) in order to
take account, in particular of:

(a)

scientific opinions and scientific knowledge particularly con-
cerning new risk assessments;

country applies and implements those standards, in particu-
lar 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.

when the lists provided for in paragraph 1 are drawn

2.
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 coun-
try which may pose a risk to the health and environmen-
tal status of the Community;

(b)

technical developments and/or amendments to international
standards;

(b)

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

(c)

the setting of safety targets for animal health.

Article 14

Committee procedure

The Commission shall be assisted by the Standing Commit-
1.
tee 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 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 preceding subpara-
graph 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 interna-
tional standards, account shall be taken of how the third

(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 author-
ity 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 coun-
try relating to the existence of infectious or contagious
diseases of equidae in its territory, in particular those dis-
eases listed by the OIE and in Annex A to 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 occur-
rence 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 equidae;

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

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(h)

the results of Community inspections and/or audits car-
ried 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 importa-
tion 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 para-
graph 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 coun-
tries concerned shall be established in accordance with the
procedure referred to in Article 24(2).

Detailed rules for the application of this Article and cri-
5.
teria 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 is 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 is replaced by the
following:

‘This Directive lays down the animal health requirements
governing trade in and imports into the Community of ani-
mals, 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 replaced by;

‘(e) must be accompanied by a certificate correspond-
ing to the specimen given in Annex E part 1, bear-
ing the following declaration:

(b)

in A(1), point (f) is deleted;

(c)

in A(2), point (b) is replaced by:

have in the 30 days prior to dispatch undergone
with negative results a test for brucellosis and
tuberculosis.’

‘(b) 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 tubercu-
losis has been recorded in the 42 days preceding
loading of the animals and in which the ruminants

(d)

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

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(e)

the following point is added to (A):

5. Article 26 is replaced by the following:

‘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 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, 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 autho-
rise 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 10 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 Mem-
ber States within that period of 10 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 website of the
Commission.

Where written comments are received from at least one
Member State within the period of 10 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 sec-
ond 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, ‘from Article 6 (A)(1)(e) and’ is deleted;

‘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 Euro-
pean Parliament and of the Council (*).

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

period

The
5(6)
down
Decision 1999/468/EC (**) shall be set at three months.

Article

laid

in

of

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 is 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 20 November 2005. 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 refer-
ence 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.

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Article 19

Article 21

Repeal of Directive 72/462/EEC

Entry into force and applicability

Directive 72/462/EEC shall be repealed with effect from the date
of application of Regulation (EC) No 854/2004.

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European Union.

Article 22

Article 20

This Directive is addressed to the Member States.

Implementing rules established in accordance with decisions
adopted for the import of live animals, meat and meat products
pursuant to 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.

Done at Luxembourg, 26 April 2004.

For the Council
The President
J. WALSH

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ANNEX I

Animal species as referred to in Article 1

Taxon

Order

Family

Genera/Species

Antilocapridae

Antilocapra ssp.

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. (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).

Bovidae

Artiodactyla

Camelidae

Camelus ssp., Lama ssp., Vicugna ssp.

Cervidae

Giraffidae

Hippopotamidae

Moschidae

Suidae

Tayassuidae

Tragulidae

Rhinocerotidae

Tapiridae

Perissodactyla

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.

Giraffa ssp., Okapia ssp.

Hexaprotodon-Choeropsis ssp., Hippopotamus ssp.

Moschus ssp.

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

Catagonus ssp., Pecari-Tayassu ssp.

Hyemoschus ssp., Tragulus-Moschiola ssp.

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

Tapirus ssp..

Proboscidae

Elephantidae

Elephas ssp., Loxodonta ssp.

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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 during the last 12 months

Vesicular stomatitis

no case of disease during the last six months

All species

All species

Swine vesicular disease

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

Species of family Suidae

Rinderpest

Peste des petits
ruminants

no case of disease and no vaccination carried out during the
last 12 months

All species

no case of disease and no vaccination carried out during the
last 12 months

Species of the genera
Ovis and Capra

Contagious bovine
pleuropneumonia

no case of disease and no vaccination carried out during the
last 12 months

Species of the genus Bos

Lumpy skin disease

no case of disease and no vaccination carried out during the
last 36 months

Species of the genera
Bos, Bison and Bubalus

Rift valley fever

no case of disease and no vaccination carried out during the
last 12 months

All species other than
those of family Suidae

Bluetongue

no case of disease and no vaccination carried out during the
last 12 months with appropriate 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 out during the
last 12 months

Species of the genera
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.

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Requirements for veterinary certificates as referred to in Article 11

ANNEX III

1.

2.

3.

4.

5.

6.

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 the 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 four 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.

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‘ANNEX F

ANNEX IV

Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine ani-
mals 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 mar-
ket 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 2004/68/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.’

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ANNEX V

List of Decisions

2003/56/EC: Commission Decision of 24 January 2003 on health certificates for the importation of live animals and ani-
mal 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 poul-
trymeat 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 ani-
mals from Bulgaria due to an outbreak of bluetongue, repealing Decision 1999/542/EC, amending Decision 98/372/EC con-
cerning 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 authorise 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 cer-
tificates 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 Mace-
donia 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 Community 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 regu-
latory 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)

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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 car-
ried 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 pur-
pose 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 pur-
poses 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 authorise 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)

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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).