Proposal for a Council Directive laying down control rules and measures to combat African horse sickness (codified version)
Date: 2008-11-20
Institutions: European Commission
Subjects: animal plague, equidae, health control

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.11.2008 
COM(2008) 697 final 

2008/0204 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

laying down control rules and measures to combat African horse sickness 
(codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 92/35/EEC  of  29  April  1992  laying  down  control  rules  and  measures  to 
combat  African  horse  sickness3.  The  new  Directive  will  supersede  the  various  acts 
incorporated in it4; this proposal fully preserves the content of the acts being codified 
and  hence  does  no  more  than  bringing  them  together  with  only  such  formal 
amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex V, Part A of this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  92/35/EEC  and  the  instruments  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex VI to the codified Directive. 

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(cid:208) 92/35/EEC (adapted) 

2008/0204 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE …/…/EC 

of […] 

laying down control rules and measures to combat African horse sickness (codified 
version) 

(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 Parliament5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

Council  Directive  92/35/EEC  of  29  April  1992  laying  down  control  rules  and 
measures  to  combat  African  horse  sickness7  has  been  substantially  amended  several 
times8. In the interests of clarity and rationality the said Directive should be codified. 

(cid:208)  

(cid:208) 92/35/EEC Recital 1 (adapted) 

(2) 

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 
the  movement  and  import  from  third  countries  of  equidae9  seeks  to  liberalise  the 
movement  of  equidae  on  Community  territory.  Community  measures  should  be 
introduced  to  harmonise  rules  for  controlling  and  measures  to  combat  African  horse 
sickness. 

5 
6 
7 
8 
9 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 157, 10.6.1992, p. 19. 
See Annex V, Part A. 
OJ L 224, 18.8.1990, p. 42. 

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(3) 

Such measures should make it possible to ensure rational development of the farming 
sector and contribute to the protection of animal health in the Community. 

(cid:208) 92/35/EEC Recital 2 

(4) 

An  outbreak  of  this  disease  can  quickly  assume  epizootic  proportions,  causing 
mortality  and  disturbance  which  may  severely  reduce  the  profitability  of  livestock 
production. 

(cid:208) 92/35/EEC Recital 3 

(5) 

Control measures should be taken as soon as the presence of the disease is suspected 
and immediate and effective action should be implemented as soon as it is confirmed 
in order to guarantee animal health protection in the Community. 

(cid:208) 92/35/EEC Recital 4 

(6) 

The  measures  to  be  taken  should  aim  at  preventing  the  spread  of  African  horse 
sickness. The movement of animals liable to transmit the infection should be strictly 
controlled and insects should be eradicated from infected holdings. 

(cid:208) 92/35/EEC Recital 5 

(7) 

The conditions under which vaccination against African horse sickness may be carried 
out and the rules governing such vaccination should be specified. 

(cid:208) 92/35/EEC Recital 6 

(8) 

In  order  to  ensure  more  effective  control  of  the  disease,  action  should  be  taken  to 
establish  protection  and  surveillance  zones,  taking  into  account  geographical, 
administrative, ecological and epizootiological factors. 

(cid:208) 92/35/EEC Recital 7 

(9) 

A thorough epizootiological inquiry is essential in order to prevent any spread of the 
disease. 

(cid:208) 92/35/EEC Recital 8 

(10)  Article  3  of  Council  Decision  [90/424/EEC  of  26  June  1990]  on  expenditure  in  the 
veterinary field10 applies in the event of the occurrence of African horse sickness. 

(cid:208) 92/35/EEC Recital 9 

10 

OJ L 224, 18.8.1990, p. 19. 

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(cid:208)  

(11)  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 conferred on the Commission11. 

(12)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex V, Part B, 

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 92/35/EEC 

This Directive lays down control rules and measures to combat African horse sickness. 

Article 1 

Article 2 

For the purposes of this Directive, the definitions given in Article 2 of Directive 90/426/EEC 
shall apply as and where necessary. 

However,  holding  means  holding  within  the  meaning  of  Directive  90/426/EEC  and  nature 
reserves in which equidae live in freedom. 

Furthermore: 

(a) 

owner  or  keeper  means  any  natural  or  legal  person(s)  having  ownership  of  the 
equidae or charged with their keep, whether or not for financial reward; 

(b) 

(c) 

(cid:208) 92/35/EEC (adapted) 

vector  means  an  insect  of  the  Culicoides  imicola  species  or  any  other  Culicoides 
insect  liable  to  transmit  African  horse  sickness,  identifiable  under  the  procedure 
referred  to  in Article 19(2), following the  opinion of the ⌦ European Food Safety 
Authority ⌫; 

(cid:208) 92/35/EEC 

confirmation  means  the  declaration,  by  the  competent  authority,  of  the  presence  of 
African  horse  sickness,  based  on  laboratory  results;  however,  in  the  event  of  an 
epidemic  the  competent  authority  may  also  confirm  the  disease  on  the  basis  of 
clinical and/or epidemiological results; 

11 

OJ L 184, 17.7.1999, p. 23. 

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(d) 

competent  authority  means  the  central  authority  of  a  Member  State  responsible  for 
carrying out veterinary checks or any veterinary authority to which it has delegated 
that responsibility; 

(e) 

official veterinarian means the veterinarian appointed by the competent authority. 

Member  States  shall  ensure  that  the  occurrence  or  suspicion  of  African  horse  sickness  is 
subject to compulsory and immediate notification to the competent authority. 

Article 3 

Article 4 

1.  Where  a  holding  contains  one  or  more  equidae  suspected  of  being  infected  with  African 
horse sickness, Member States shall ensure that the official veterinarian immediately sets in 
motion official means of investigation to confirm or rule out the presence of the said sickness. 

2. From the moment when the suspected infection is notified, the official veterinarian shall: 

(a) 

(b) 

have the suspect holding(s) placed under official surveillance; 

initiate: 

(i) 

an official census of the species of equidae, stating in the case of each species 
the number of equidae already dead, infected or liable to be infected, and the 
updating  of  that  census  to  take  account  of  equidae  born  or  dying  during  the 
period of suspicion; the information in the census must be produced on request 
and may be checked at each inspection; 

(ii) 

a  census  of  places  likely  to  facilitate  the  survival  of  the  vector  or  to 
accommodate it and the use of appropriate means of eradicating insects in such 
places; 

(iii)  an epizootiological inquiry in accordance with Article 7; 

(c) 

regularly visit the holding(s), when he shall: 

(i) 

examine each equid kept there; 

(ii) 

carry out a detailed clinical examination or an autopsy on the suspect or dead 
animals and take the samples necessary for laboratory examinations; 

(d) 

ensure that: 

(i) 

all equidae on the holding(s) are kept in their living quarters or in other places 
protected against the vector; 

(ii) 

all movement of equidae to or from the holding(s) is prohibited; 

(iii)  appropriate  means  of  eradicating  insects  are  employed  in  and  around  the 

buildings housing the equidae; 

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(iv) 

the carcases of equidae which have died on the holding are destroyed, disposed 
of,  burnt  or  buried  in  accordance  with ⌦ Regulation  (EC)  No  1774/2002  of 
the European Parliament and of the Council ⌫12. 

(cid:208) 92/35/EEC (adapted) 

(cid:208) 92/35/EEC 

3. Pending the introduction of the official measures referred to in paragraph 2, the owner or 
keeper  of  any  animals  suspected  of  having  the  disease  shall  take  all  the  necessary 
precautionary action to ensure compliance with paragraph 2(d). 

4.  The  competent  authority  may  apply  any  of  the  measures  provided  for  in  paragraph  2  to 
other holdings should their location, their geographical situation or contacts with the holding 
where the disease is suspected give reason to suspect possible contamination. 

5.  Apart  from  the  provisions  of  paragraph  2,  specific  provisions  may  be  laid  down  in 
accordance  with  the  procedure  referred  to  in  Article  19(2)  for  nature  reserves  in  which 
equidae live in freedom. 

6.  The  measures  covered  by  this  Article  shall  be  discontinued  ⌦ by  the  official 
veterinarian ⌫ only when the competent authority no longer suspects the presence of African 
horse sickness. 

(cid:208) 92/35/EEC (adapted) 

Vaccination  against  African  horse  sickness  may  be  practised  solely  in  accordance  with  the 
provisions laid down in this Directive. 

Article 5 

Article 6 

1.  Where  the  presence  of  African  horse  sickness  is  officially  confirmed,  the  official 
veterinarian: 

(a) 

(b) 

shall proceed immediately with the killing under official control of any equidae on 
the infected holding which are infected with or present clinical symptoms of African 
horse sickness; 

shall  arrange  for  the  destruction,  disposal,  burning  or  burial  of  the  carcases  of  the 
equidae referred to in point (a) in accordance with Regulation (EC) No 1774/2002; 

12 

⌦ OJ L 273, 10.10.2002, p. 1. ⌫ 

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(cid:208) 92/35/EEC 

(c) 

(d) 

shall extend the measures laid down in Article 4 to holdings situated within a 20 km 
radius (included in the protection zone) around the infected holding(s); 

shall proceed, in the zone laid down in point (c), with the systematic vaccination of 
all equidae using a vaccine authorised by the competent authority, and shall identify 
them by a clear, indelible mark applied by an approved method in accordance with 
the  procedure  referred  to  in  Article  19(2).  However,  on  the  basis  of  the 
epizootiological,  meteorological,  geographical  or  climatological  circumstances,  the 
vaccination requirements may be waived by the competent authority. The competent 
authority shall inform the Commission thereof; 

(e) 

shall carry out an epizootiological enquiry in accordance with Article 7. 

2. The competent authority may extend the measures provided for in paragraph 1 beyond the 
zone  referred  to  in  point  (c)  thereof  if,  on  account  of  the  geographical,  ecological  or 
meteorological situation or of movements to or from the holding where the disease has been 
confirmed,  there  are  grounds  for  suspecting  an  extension  of  African  horse  sickness.  It  shall 
inform the Commission accordingly. 

3.  Where  the  zone  referred  to  in  paragraph  1  is  situated  in  the  territory  of  more  than  one 
Member State the competent authorities of the Member States concerned shall collaborate in 
defining that zone. If necessary, that zone shall be defined under the procedure referred to in 
Article 19(2). 

1. The epizootiological inquiry shall cover: 

Article 7 

(a) 

(b) 

(c) 

(d) 

the  length  of  time  during  which  African  horse  sickness  may  have  existed  on  the 
holding; 

the possible origin of the African horse sickness on the holding and the identification 
of  other  holdings  on  which  there  are  equidae  which  may  have  become  infected  or 
contaminated from the same source; 

the presence and distribution of disease vectors; 

the  movement  of  equidae  to  or  from  the  holdings  concerned  or  any  carcases  of 
equidae removed from them. 

2.  In  order  to  provide  full  coordination  of  all  measures  necessary  to  ensure  eradication  of 
African  horse  sickness  as  quickly  as  possible  and  for  the  purpose  of  carrying  out  the 
epizootiological inquiry, a crisis unit shall be established. 

The  general  rules  concerning  national  crisis  units  and  the  Community  crisis  unit  shall  be 
adopted by the Council, acting on a proposal from the Commission. 

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Article 8 

1. The Member States shall ensure that, in addition to the measures referred to in Article 6, 
the  competent  authority  establishes  a  protection  zone  and  a  surveillance  zone.  The 
establishment of the zones shall take account of the geographical, administrative, ecological 
and  epizootiological  factors  connected  with  African  horse  sickness  and  of  the  control 
structures. 

2. The protection zone shall consist of a part of Community territory with a radius of at least 
100 km around the entire infected holding. 

3.  The  surveillance  zone  shall  consist  of  a  part  of  Community  territory  extending  at  least 
50 km beyond the protection zone, in which no systematic vaccination has been carried out in 
the last 12 months. 

4. Where the zones referred to in paragraphs 2 and 3 are situated on the territory of several 
Member States, the competent authorities of the Member States concerned shall collaborate in 
order to define those zones . However, if necessary, the protection zone and the surveillance 
zone shall be defined in accordance with the procedure referred to in Article 19(2). 

5. At the duly substantiated request of a Member State a decision may be taken in accordance 
with the procedure referred to in Article 19(2), with a view to amending the demarcation of 
the zones defined in accordance with paragraphs 2, 3 and 4 of this Article taking into account: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

their geographical situation and ecological factors; 

the meteorological conditions; 

the presence and distribution of the vector; 

the results of the epizootiological studies carried out in accordance with Article 7; 

the results of the laboratory examinations; 

the application of the control measures, in particular the insect eradication measures. 

1. Member States shall ensure that the following measures are applied in the protection zone: 

Article 9 

(a) 

(b) 

all holdings containing equidae within the zone are identified; 

the official veterinarian conducts: 

(i) 

periodic visits to all holdings containing equidae; 

(ii) 

a clinical examination of the equidae including, if necessary, the collection of 
samples  for  laboratory  examination;  a  record  of  visits  and  findings  must  be 
kept; 

(c) 

equidae  leave  the  holding  on  which  they  are  kept  only  for  transport  directly  under 
official supervision for emergency slaughter to a slaughterhouse located in that zone 

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or,  if  that  zone  has  no  slaughterhouse,  to  a  slaughterhouse  in  the  surveillance  zone 
designated by the competent authority. 

2. In addition to the measures provided for in paragraph 1, a decision to carry out systematic 
vaccination of equidae against African horse sickness and to identify them in the protection 
zone may be taken in accordance with the procedure referred to in Article 19(2). 

Member States shall ensure that: 

Article 10 

(a) 

the measures provided for in Article 9(1) apply in the surveillance zone. However, if 
the surveillance zone has no slaughterhouse, the equidae may be slaughtered in the 
protection zone in a slaughterhouse designated by the competent authority; 

(b) 

all vaccination against African horse sickness is prohibited in the surveillance zone. 

Article 11 

The period of application and maintenance of the measures provided for in Articles 6, 8, 9 and 
10  shall  be  determined  by  the  procedure  referred  to  in  Article  19(2).  The  period  may  in  no 
case be less than 12 months where vaccination has been carried out in accordance with Article 
6(1) and Article 9(2). 

However, notwithstanding Article 9(1)(c) and Article 10(a): 

(a) 

equidae from the protection zone and from the surveillance zone may be transported 
under  official  supervision  and  under  the  conditions  laid  down  in  Article  5(3)  of 
Directive 90/426/EEC to the quarantine station referred to in Article 5(3)(d) of that 
Directive; 

(b) 

movements  of  equidae  within  zones  of  the  same  status  shall  be  subject  to 
authorisation from the competent authorities on the basis of the following rules: 

(i) 

equidae shall: 

– 

– 

– 

undergo a prior official check, 

require identification, and 

be accompanied by an official document; 

(ii)  Member  States  shall  ensure,  in  all  events,  that  equidae  vaccinated  less  than 
60 days previously cannot leave the holding on which they were at the time the 
vaccination was carried out; 

(iii)  Member States shall inform the Commission within the ⌦ Committee referred 

to in Article 19(1) ⌫ on measures taken in this field. 

(cid:208) 92/35/EEC (adapted) 

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(cid:208) 92/35/EEC 

Article 12 

Where the African horse sickness epizootic is exceptionally serious in a particular region, any 
additional  measures  to  be  taken  by  the  Member  States  concerned  shall  be  adopted  in 
accordance with the procedure referred to in Article 19(2). 

Article 13 

Member States shall ensure that the competent authority takes all necessary and appropriate 
measures  for  all  persons  established  in  the  protection  and  surveillance  zones  to  be  fully 
informed  of  the  restrictions  in  force  and  to  take  the  steps  necessary  for  the  appropriate 
implementation of the measures in question. 

(cid:208) 2008/73/EC Art. 14 pt. 1 

Article 14 

1.  Member  States  shall  designate  a  national  laboratory  to  carry  out  the  laboratory 
examinations provided for in this Directive, and shall make the details of that laboratory, and 
any subsequent changes, available to the other Member States and to the public. 

Detailed  rules  for  the  uniform  application  of  this  paragraph  may  be  adopted  in  accordance 
with the procedure referred to in Article 19(2). 

2.  The  functions  and  duties  of  the  national  laboratories  designated  in  accordance  with 
paragraph 1 are set out in Annex I.  

3.  The  national  laboratories  designated  in  accordance  with  paragraph  1  shall  liaise  with  the 
Community reference laboratory referred to in Article 15. 

(cid:208) 92/35/EEC 

Article 15 

The  Community  reference  laboratory  for  African  horse  sickness  is  named  in  Annex  II. 
Notwithstanding  the  provisions  of  Decision  [90/424/EEC],  and  in  particular  [Article  28] 
thereof,  the  functions  and  duties  of  the  laboratory  shall  be  defined  in  Annex  III  to  this 
Directive. 

Article 16 

Experts from the Commission may, in so far as is necessary for the uniform application of this 
Directive and in cooperation with the competent authorities, make on-site checks. To this end 
they may, by inspecting a representative percentage of holdings, verify whether the competent 

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authorities are monitoring compliance with the provisions of this Directive. The Commission 
shall inform the Member States of the results of the checks carried out. 

A  Member  State  in  the  territory  of  which  an  inspection  is  being  carried  out  shall  give  all 
necessary assistance to the experts in carrying out their duties. 

The  general  rules  for  implementing  this  Article  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 19(2). 

Article 17 

1. Each Member State shall draw up a contingency plan, specifying how it will implement the 
measures laid down in this Directive. 

This  plan  should  allow  access  to  facilities,  equipment,  personnel  and  all  other  appropriate 
materials necessary for the rapid and efficient eradication of the disease. 

2. The criteria to be applied for drawing up the plans referred to in paragraph 1 are laid down 
in Annex IV. 

Plans  drawn  up  in  accordance  with  these  criteria  shall  be  submitted  to  the  Commission  not 
later than ⌦ 18 August 1992 ⌫. 

(cid:208) 92/35/EEC (adapted) 

(cid:208) 92/35/EEC 

The  Commission  shall  examine  the  plans  in  order  to  determine  whether  they  permit  the 
desired  objective  to  be  attained  and  shall  suggest  to  the  Member  State  concerned  any 
amendments required, in particular to ensure that they are compatible with those of the other 
Member States. 

The  Commission  shall  approve  the  plans,  if  necessary  amended,  in  accordance  with  the 
procedure referred to in Article 19(2). 

The  plans  may  subsequently  be  amended  or  supplemented  in  accordance  with  the  same 
procedure to take account of developments in the situation. 

Article 18 

(cid:208) Corrigendum 92/35/EEC 
(OJ L 308, 8.11.2006, p. 19) 

The Annexes shall be amended in accordance with the procedure referred to in Article 19(2). 

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(cid:208) 806/2003 Art. 3 and Annex III 
pt. 29 (adapted) 

Article 19 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food  Chain  and 
Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European 
Parliament and of the Council13. 

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. 

(cid:208)  

Article 20 

Directive 92/35/EEC, as amended by the Acts listed in Annex V, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex V, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex VI. 

Article 21 

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

It shall apply from 2 January 2010. 

(cid:208) 92/35/EEC 

Article 22 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

13 

OJ L 31, 1.2.2002, p. 1. 

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(cid:208) 92/35/EEC 

ANNEX I 

FUNCTIONS AND DUTIES OF THE NATIONAL LABORATORIES FOR 

AFRICAN HORSE SICKNESS 

The  national  laboratories  for  African  horse  sickness  are  responsible  for  coordinating  the 
standards  and  diagnostic  methods  laid  down  in  each  diagnostic  laboratory  of  the  Member 
State, for the use of reagents and for the testing of vaccines. To this end, they: 

(a) 

(b) 

(c) 

(d) 

(e) 

may provide diagnostic reagents to diagnostic laboratories requesting them; 

will control the quality of all diagnostic reagents used in that Member State; 

will arrange comparative tests periodically; 

will  hold  isolates  of  African  horse  sickness  virus  from  cases  confirmed  in  that 
Member State; 

will  ensure  the  confirmation  of  positive  results  obtained  in  regional  diagnostic 
laboratories. 

____________

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(cid:208) 2007/729/EC Annex, pt. (3)(b) 

ANNEX II 

COMMUNITY REFERENCE LABORATORY 

Laboratorio Central de Sanidad Animal de Algete 
Carretera de Algete, km 8 
E-28110 Algete (Madrid) 

Tel. (34) 916 29 03 00 
Fax (34) 916 29 05 98  

E-mail: lcv@mapya.es 

__________

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(cid:208) 92/35/EEC 

ANNEX III 

THE FUNCTIONS AND DUTIES OF THE COMMUNITY REFERENCE 
LABORATORY FOR AFRICAN HORSE SICKNESS 

The Community reference laboratory has the following functions and duties: 

1. 

to  coordinate,  in  consultation  with  the  Commission,  the  methods  employed  in  the 
Member States for diagnosing African horse sickness, specifically by: 

(a) 

(b) 

typing,  storing  and  supplying  strains  of  African  horse  sickness  virus  for 
serological tests and the preparation of antiserum; 

supplying standard sera and other reference reagents to the national reference 
laboratories in order to standardise the tests and reagents used in each Member 
State; 

(c) 

building up and maintaining a collection of African horse sickness virus strains 
and isolates; 

(d)  organising periodical comparative tests of diagnostic procedures at Community 

level; 

(e) 

(f) 

collecting and collating data and information on the methods of diagnosis used 
and the results of tests carried out in the Community; 

characterising  isolates  of  African  horse  sickness  by  the  most  up-to-date 
methods  available  to  allow  greater  understanding  of  the  epizootiology  of 
African horse sickness; 

(g)  monitoring developments in African horse sickness surveillance, epizootiology 

and prevention throughout the world; 

to  assist  actively  in  the  diagnosis  of  African  horse  sickness  outbreaks  in  Member 
States  by  receiving  virus  isolates  for  confirmatory  diagnosis,  characterisation  and 
epizootiological studies; 

to facilitate the training or retraining of experts in laboratory diagnosis with a view to 
the harmonisation of techniques throughout the Community; 

(cid:208) 92/35/EEC (adapted) 

to  carry  out  a  mutual  and  reciprocal  exchange  of  information  with  the  world 
laboratory  for  African  horse  sickness  designated  by  the ⌦ World  Organisation  for 
Animal  Health ⌫  (IOE),  in  particular  with  regard  to  developments  in  the  world 
situation concerning African horse sickness. 

__________

17 

   EN 

2. 

3. 

4. 

EN 

 
 
 
(cid:208) 92/35/EEC 

ANNEX IV 

CRITERIA FOR CONTINGENCY PLANS 

Contingency plans shall meet at least the following criteria: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

the  establishment  of  a  crisis  centre  on  a  national  level,  which  shall  coordinate  all 
control measures in the Member State concerned; 

a  list  shall  be  provided  of  local  disease  control  centres  with  adequate  facilities  to 
coordinate the disease control measures at a local level; 

detailed information shall be given about the staff involved in control measures, their 
skills and their responsibilities; 

local  disease  control  centre  must  be  able 

each 
persons/organisations which are directly or indirectly involved in an outbreak; 

to  contact 

rapidly 

equipment and materials shall be available to carry out the disease control measures 
properly; 

detailed  instructions  shall  be  provided  on  action  to  be  taken,  including  means  of 
disposal of carcases, on suspicion and confirmation of infection or contamination; 

training programmes shall be established to maintain and develop skills in field and 
administrative procedures; 

diagnostic  laboratories  must  have  facilities  for  post-mortem  examination,  the 
necessary capacity for serology, histology, etc., and must maintain the skills for rapid 
diagnosis  (to  that  end  arrangements  should  be  made  for  rapid  transportation  of 
samples); 

details shall be provided of the quantity of African horse sickness vaccine estimated 
to be required in the event of a reinstatement of emergency vaccination; 

provisions shall be made to ensure the legal powers necessary for the implementation 
of the contingency plans. 

_________

EN 

18 

   EN 

 
 
(cid:207) 

ANNEX V 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 20) 

Council Directive 92/35/EEC 
(OJ L 157, 10.6.1992, p. 19) 

1994 Act of Accession, Annex I, Point V.E.I.2.B.3 
(OJ C 241, 29.8.1994, p. 132 and 155) 

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

Only Annex III, point 29 

2003 Act of Accession, Annex II, Point 6.B.I.22 
(OJ L 236, 23.9.2003, p. 381) 

Commission Decision 2006/911/EC 
(OJ L 346, 9.12.2006, p. 41) 

Council Directive 2006/104/EC 
(OJ L 363, 20.12.2006, p. 352) 

Commission Decision 2007/729/EC 
(OJ L 294, 13.11.2007, p. 26) 

Council Directive 2008/73/EC 
(OJ L 219, 14.8.2008, p. 40) 

Only as regards the reference to 
Directive 92/35/EEC in Article 1 
and Annex, point 5 

Only as regards the reference to 
Directive 92/35/EEC in Article 1 
and Annex, point I.6 

Only as regards the reference to 
Directive 92/35/EEC in Article 1 
and Annex, point 3 

Only Article 14 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 20) 

Directive 

Time-limit for transposition 

92/35/EEC 

2006/104/EC 

2008/73/EC 

EN 

31 December 1992 

1 January 2007 

1 January 2010 

_____________ 

19 

   EN 

 
 
 
 
 
ANNEX VI 

CORRELATION TABLE 

Directive 92/35/EEC 

This Directive 

Articles 1 to 6 

Articles 1 to 6 

Article 7(1) first to fourth indents 

Article 7(1)(a) to (d) 

Article 7(2) 

Article 8(1) 

Article 8(2)(a) 

Article 8(2)(b) 

Article 8(2)(c) 

Article 7(2) 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 8(3) introductory phrase 

Article 8(5) introductory phrase 

Article 8(3) first to sixth indents 

Article 8(5)(a) to (f) 

Article 9(1)(a) 

Article 9(1)(a) 

Article 9(1)(b) first indent 

Article 9(1)(b)(i) 

Article 9(1)(b) second indent 

Article 9(1)(b)(ii) 

Article 9(1)(c) 

Article 9(2) 

Article 9(1)(c) 

Article 9(2) 

Article 10 introductory words 

Article 10 introductory words 

Article 10(1) 

Article 10(2) 

Article 10(a) 

Article 10(b) 

Articles 11 to 18 

Articles 11 to 18 

Article 19(1) and (2) 

Article 19(1) and (2) 

Article 19(3) 

Article 20 

Article 21 

_______ 

EN 

_______ 

_______ 

_______ 

Article 20 

20 

   EN 

 
_______ 

Article 22 

Annex I, Section B 

Annex II 

Annex III 

Annex IV 

________ 

________ 

Article 21 

Article 22 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

_____________ 

EN 

21 

   EN