Proposal for a Council Directive on animal health conditions governing the movement and importation from third countries of equidae (Codified version)
Date: 2008-11-21
Institutions: European Commission
Subjects: animal disease, equidae, health certificate, health control, international trade, veterinary inspection

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.11.2008 
COM(2008) 715 final 

2008/0219 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on animal health conditions governing the movement and importation from third 
countries of equidae 

(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 90/426/EEC  of  26  June  1990  on  animal  health  conditions  governing  the 
movement  and  import  from  third  countries  of  equidae3.  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. 

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 90/426/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) 90/426/EEC (adapted) 

2008/0219 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on animal health conditions governing the movement and ⌦ importation ⌫ from third 
countries of equidae (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 Parliament1, 

Whereas: 

(1) 

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 
the  movement  and  import  from  third  countries  of  equidae2  has  been  substantially 
amended  several  times3.  In  the  interests  of  clarity  and  rationality  the  said  Directive 
should be codified. 

(cid:208)  

(2) 

Equidae, being live animals, are included in the list of products in Annex ⌦ I ⌫ to 
the Treaty. 

(cid:208) 90/426/EEC Recital 1 (adapted) 

1 
2 
3 

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

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(3) 

In order to ensure the rational development of equidae production, thereby increasing 
productivity in that sector, rules governing the movement of equidae between Member 
States ⌦ should ⌫ be laid down at Community level. 

(cid:208) 90/426/EEC Recital 2 (adapted) 

(4) 

The breeding and rearing of equidae and in particular of horses is generally included in 
the farming sector. It constitutes a source of income for part of the farming population. 

(cid:208) 90/426/EEC Recital 3 

(5) 

Disparities  as  regards  animal  health  conditions  in  the  Member  States  should  be 
eliminated in order to encourage intra-Community trade in equidae. 

(cid:208) 90/426/EEC Recital 4 

(6) 

In  order  to  encourage  the  harmonious  development  of  intra-Community  trade,  a 
Community  system  should  be  ⌦ provided  for ⌫  to  govern  imports  from  third 
countries. 

(cid:208) 90/426/EEC Recital 5 (adapted) 

(7) 

The  conditions  for  the  movement  on  national  territory  of  equidae  bearing  an 
identification document should also be regulated. 

(cid:208) 90/426/EEC Recital 6 

(8) 

In order to be the subject of trade, equidae ⌦ should ⌫ satisfy certain animal health 
requirements, so as to avoid the spreading of ⌦ infectious or ⌫ contagious diseases. 
It  appears  in  particular  appropriate  to  provide  for  a  possible  regionalisation  of 
restrictive measures. 

(cid:208) 90/426/EEC Recital 7 (adapted) 

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(9) 

The  transport  conditions  should  be  laid  down  for  the  same  reasons  ⌦ taking  into 
account  the  animal  welfare  conditions  laid  down  in  Council  Regulation  (EC) 
No 1/20054 ⌫. 

(cid:208) 90/426/EEC Recital 8 (adapted) 

(10)  To  ensure  that  those  requirements  are  satisfied  provision ⌦ should ⌫  be  made  for 
the issue by an official veterinarian of a health certificate to accompany the equidae to 
their place of destination. 

(cid:208) 90/426/EEC Recital 9 (adapted) 

(cid:208) 90/426/EEC Recital 10 
(adapted) 

(11)  The organisation of and the follow-up to the checks to be carried out by the Member 
State of destination and the safeguard measures to be implemented ⌦ have been laid 
down  in  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 market5 ⌫. 

(12)  Provision  should  be  made  for  the  possibility  of  checks  by  the  Commission.  These 

checks should be carried out in cooperation with the competent national authorities. 

(cid:208) 90/426/EEC Recital 11 

(13)  Defining Community provisions applicable to imports from third countries requires a 
list  to  be  drawn  up  of  third  countries  or  parts  of  third  countries  from  which  equidae 
may be imported. 

(cid:208) 90/426/EEC Recital 12 

(14)  The  choice  of  those  countries ⌦ should ⌫  be  based  on  criteria  of  a  general  nature 
such  as  the  state  of  health  of  the  livestock,  the  organisation  and  powers  of  the 
veterinary services and the health regulations in force.  

(cid:208) 90/426/EEC Recital 13 
(adapted) 

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5 

OJ L 3, 5.1.2005, p. 1. 
OJ L 224, 18.8.1990, p. 29.  

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(cid:208) 90/426/EEC Recital 14 

(15) 

In addition, imports of equidae should not be authorised from countries infected with 
infectious or contagious animal diseases which present a risk to Community livestock 
or  which  have  been  free  from  such  infection  for  too  short  a  period.  Such 
considerations  are  also  valid  for  imports  from  third  countries  in  which  vaccination 
against such diseases is carried out. 

(cid:208) 90/426/EEC Recital 15 
(adapted) 

(16)  The  general  conditions  applicable  to  imports  from  third  countries  ⌦ should ⌫  be 
supplemented  by  special  conditions  drawn  up  on  the  basis  of  the  health  situation  in 
each  of  them.  The  technical  nature  and  the  diversity  of  the  criteria  on  which  those 
special conditions depend require for their definition recourse to a flexible and rapid 
Community  procedure  in  which  the  Commission  and  the  Member  States  cooperate 
closely. 

(cid:208) 90/426/EEC Recital 16 
(adapted) 

(17)  The  presentation  of  a  common  standard  form  of  certificate  upon  import  of  equidae 
constitutes  an  effective  means  of  verifying  that  the  Community  rules  are  being 
applied.  Such  rules may include special provisions which may vary according  to  the 
third country concerned, and this ⌦ should ⌫ be taken into account in drawing up 
the standard forms of certificates. 

(18)  (cid:208) 90/426/EEC Recital 17 (adapted) 

(19)  ⌦ Veterinary experts of the Commission and of the Member States, appointed by the 
Commission, ⌫  should  be  responsible  for  verifying  that  the  requirements  of  this 
Directive are observed, particularly in third countries. 

(20)  The checks carried out upon importation ⌦ should ⌫ cover the origin and the state 

of health of the equidae. 

(cid:208) 90/426/EEC Recital 18 
(adapted) 

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(cid:208) 90/426/EEC 
(adapted) 

Recital 

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(21)  ⌦ 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 
Commission6. ⌫ 

(22)  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, 

(cid:208)  

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 90/426/EEC 

CHAPTER I 

General provisions 

Article 1 

This  Directive  lays  down  animal  health  conditions  for  the  movement  ⌦ within  and ⌫ 
between Member States and ⌦ importation ⌫ from third countries of live equidae. 

(cid:208) 90/426/EEC (adapted) 

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OJ L 184, 17.7.1999, p. 23.  

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For the purposes of this Directive ⌦ the following definitions shall apply ⌫: 

Article 2 

(cid:208) 90/426/EEC 

(a) 

(b) 

(c) 

‘holding’  means  an  agricultural  or  training  establishment,  a  stable  or,  generally 
speaking, any premises or facilities in which equidae are habitually kept or bred, for 
whatever use; 

‘equidae’  means  wild  or  domesticated  animals  of  the  equine  (including  zebras)  or 
asinine species or the offspring of crossings of those species; 

‘registered  equidae’  means  any  equidae  registered  as  defined 
Directive 90/427/EEC7, identified by means of an identification document issued: 

in  Council 

(i) 

by  the  breeding  authority  or  any  other  competent  authority  of  the  country 
where  the  animal  originated  which  manages  the  studbook  or  register  for  that 
breed of animal; or  

(ii)  ⌦ by ⌫ any international association or organisation which manages horses 

for competition or racing; 

(cid:208) 90/426/EEC (adapted) 

(d) 

‘equidae  for  slaughter’  means  equidae  intended  to  be  transported  either  directly  or 
after transit through an approved marshalling centre ⌦ , referred to in Article 7, ⌫ 
to the slaughterhouse for slaughter; 

(cid:208) 90/426/EEC 

(e) 

(f) 

(g) 

(h) 

‘equidae  for  breeding  and  production’  means  equidae  other  than  those  mentioned 
in (c) and (d); 

‘Member  State  or  third  country  free  from  African  horse  sickness’  means  any 
Member  State  or  third  country  in  which  there  has  been  no  clinical,  serological  (in 
unvaccinated equidae) or epidemiological evidence of African horse sickness on the 
territory  concerned  in  the  previous  two  years  and  in  which  there  have  been  no 
vaccinations against the disease during the previous 12 months; 

‘compulsorily notifiable diseases’ means the diseases listed in Annex I; 

‘official  veterinarian’  means  the  veterinarian  designated  by  the  competent  central 
authority of a Member State or of a third country; 

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OJ L 224, 18.8.1990, p. 55. 

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(i) 

‘temporary admission’ means the status of registered ⌦ equidae ⌫ originating in a 
third country and admitted into Community territory for a period of less than 90 days 
to  be  fixed  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article  21(2), 
depending on the health situation in the country of origin. 

(cid:208) 90/426/EEC (adapted) 

CHAPTER II 

Rules for the movement of equidae ⌦ within and between 
Member States ⌫ 

(cid:208) 90/426/EEC 

Article 3 

Member States shall authorise the movement of equidae registered in their territory or send 
equidae  to  another  Member  State  only  where  they  satisfy  the  conditions  laid  down  in 
Articles 4 and 5. 

However,  the  competent  authorities  in  Member  States  of  destination  may  grant  general  or 
limited exemption in respect of movement of equidae which: 

– 

– 

– 

are being ridden or taken, for sporting or recreational purposes, along roads situated 
near internal borders of the Community, 

are  taking  part  in  cultural  or  similar  events  or  in  activities  organised  by  authorised 
local bodies situated near internal borders of the Community, 

are  intended  solely  for  temporary  pasturing  or  work  near  internal  borders  of  the 
Community. 

Member States making use of such authorisation shall inform the Commission of the content 
of the exemptions granted. 

Article 4 

1. Equidae must show no clinical sign of disease at inspection. Inspection must be carried out 
in  the  48  hours  prior  to  their  embarkation  or  loading.  In  the  case  of  registered  equidae, 
however, 
to  Article  6,  be  required  for 
this 
intra-Community trade only. 

inspection  shall,  without  prejudice 

2.  Without  prejudice  to  the  requirements  of  paragraph  5  regarding  compulsorily  notifiable 
diseases, the official veterinarian must, at the time of inspection, be satisfied that there are no 

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grounds  —  in  particular  on  the  basis  of  declarations  by  the  owner  or  breeder  —  for 
concluding that the equidae have been in contact with equidae suffering from an infectious or 
contagious disease during the 15 days immediately preceding inspection. 

3. The equidae must not be intended for slaughter under a national programme of infectious or 
contagious disease eradication.  

4. The equidae must be identified in the following manner: 

(a) 

in the case of registered ⌦ equidae ⌫ , by means of an identification document, as 
provided  for  in  Directive  90/427/EEC,  which  must  certify  in  particular  that 
⌦ paragraphs 5 and 6 of this Article and ⌫ Article 5 of  this  Directive have been 
complied with.  

(cid:208) 90/426/EEC (adapted) 

The  official  veterinarian  must  suspend  the  validity  of  ⌦ the  identification ⌫ 
document  for  the  period  of  the  prohibitions  provided  for  in  paragraph  5 ⌦ of  this 
Article ⌫ or in Article 5 of this Directive. The ⌦ identification ⌫ document must, 
following  the  slaughter  of  the  registered  horse,  be  returned  to  the  authority  which 
issued  it.  The  procedure  for  the  implementation  of  this  point  shall  be  adopted  in 
accordance with the procedure ⌦ referred to ⌫ in Article 21(2); 

for equidae for breeding and production, by ⌦ the ⌫ method established in 

(b) 
accordance with the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 90/426/EEC 

5. In addition to the requirements laid down in Article 5, the equidae must not come from a 
holding which has been the subject of one of the following prohibition orders: 

(a) 

if all the animals of species susceptible to the disease located on the holding have not 
been slaughtered, the period of prohibition concerning the holding of origin must be 
at least: 

(i) 

six  months  in  the  case  of  equidae  suspected  of  having  contracted  dourine, 
beginning on the date of the last actual or possible contact with a sick animal. 
However, in the case of a stallion, the prohibition shall apply until the animal is 
castrated; 

(ii) 

six months in the case of glanders or equine encephalomyelitis, beginning on 
the  day  on  which  the  equidae  suffering  from  the  disease  in  question  are 
slaughtered; 

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(iii) 

in the case of infectious anaemia, until the date on which, the infected animals 
having  been  slaughtered,  the  remaining  animals  have  shown  a  negative 
reaction to two Coggins tests carried out three months apart; 

(iv)  six months in the case of vesicular stomatitis; 

(v)  one month from the last recorded case, in the case of rabies; 

(vi)  15 days from the last recorded case, in the case of anthrax; 

(b) 

if  all  the  animals  of  species  susceptible  to  the  disease  located  on  the  holding  have 
been  slaughtered  and  the  premises  disinfected,  the  period  of  prohibition  shall  be 
30 days, beginning on the day on which the animals were destroyed and the premises 
disinfected, except in the case of anthrax, where the period of prohibition is 15 days. 

(cid:208) 90/426/EEC (adapted) 

these  prohibition  ⌦ orders ⌫  for 
The  competent  authorities  may  derogate  from 
hippodromes  and  racecourses,  and  shall  notify  the  Commission  of  the  nature  of  any 
derogations granted. 

6.  Where  a  Member  State  draws  up  or  has  drawn  up  a  voluntary  or  compulsory  control 
programme for a disease to which equidae are susceptible, it may present the programme to 
the Commission, outlining in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the distribution of the disease on its territory; 

(cid:208) 90/426/EEC 

the  reasons  for  the  programme,  taking  into  consideration  the  significance  of  the 
disease and its cost/benefit advantages; 

the geographical area in which the programme will be implemented; 

the  status  categories  to  be  applied  to  establishments,  the  standards  which  must  be 
attained for each species and the test procedures to be used; 

the programme monitoring procedures; 

the action to be taken if, for any reason, a holding loses its status; 

the measures to be taken if the results of the tests carried out in accordance with the 
provisions of the programme are positive; 

the non-discriminatory nature of trade in the territory of the Member State concerned 
with respect to intra-Community trade. 

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(cid:208) 90/426/EEC (adapted) 

The  Commission  shall  examine  the  programmes  presented  by  the  Member  States.  Where 
appropriate  it  shall  approve  them  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article 21(2). Any additional guarantees, general or specific, which may be required in intra-
Community  trade  may  be  defined  in  accordance  with  the  same  procedure.  Such  guarantees 
must not exceed those required by the Member State in its own territory. 

Programmes  submitted  by  Member  States  may  be  amended  or  supplemented  in  accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  21(3).  Amendments  or  additions  to 
programmes which have already been approved or to guarantees which have been defined in 
accordance with the second subparagraph may be approved under the same procedure. 

(cid:208) 92/36/EEC Art. 1 

Article 5 

1.  A  Member  State  which  is  not  free  from  African  horse  sickness  within  the  meaning  of 
Article  2(f)  may  dispatch  equidae  from  that  part  of  its  territory  which  is  considered  to  be 
infected within the meaning of paragraph 2 of this Article only under the conditions set out in 
paragraph 5 of this Article. 

2. A part of the territory of a Member State shall be considered to be infected with African 
horse sickness if: 

(a) 

(b) 

clinical,  serological  (in  unvaccinated  animals)  and/or  epidemiological  evidence  has 
revealed the presence of African horse sickness in the past two years; or 

vaccination  against  African  horse  sickness  has  been  carried  out  in  the  past 
12 months. 

The  part  of  the  territory  considered  to  be  infected  with  African  horse  sickness ⌦ shall ⌫ 
comprise as a minimum: 

(cid:208) 92/36/EEC Art. 1 (adapted) 

(a) 

(b) 

a protection zone with a radius of at least 100 km around any centre of infection; 

a surveillance zone at least 50 km extending beyond the protection zone, in which no 
vaccination has been carried out in the last 12 months. 

(cid:208) 92/36/EEC Art. 1 

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(cid:208) 92/36/EEC Art. 1 (adapted) 

3.  The  ⌦ control ⌫  rules  ⌦ and ⌫  the  ⌦ measures  to ⌫  combat  ⌦ African  horse 
sickness ⌫  relating  to  the  territories  and  zones  referred  to  in  paragraph  2  and  the  relevant 
derogations are specified in Council Directive [92/35/EEC8]. 

4. All vaccinated equidae found in the protection zone must be registered and ⌦ marked ⌫ 
in accordance with Article [6(1)(d)] of Directive [92/35/EEC]. 

(cid:208) 92/36/EEC Art. 1 

The  identification  document  and/or  health  certificate  shall  carry  a  clear  reference  to  such 
vaccination. 

5. A Member State may dispatch from the territory referred to in the second subparagraph of 
paragraph 2 only equidae which meet the following requirements: 

(a) 

(b) 

(c) 

(cid:208) 92/36/EEC Art. 1 (adapted) 

they must be dispatched only during certain periods of the year, having regard to the 
activity  of  vector  insects,  to  be  determined  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 21(3); 

they  must  show  no  clinical  symptom  of  African  horse  sickness  on  the  day  of  the 
inspection referred to in Article 4(1); 

 they  must  have  undergone  a  test  for  African horse sickness as  described in Annex 
IV, on two occasions, with an interval of between 21 and 30 days between the two 
tests,  the  second  of  which  must  have  been  carried  out  during  the  10  days  prior  to 
dispatch: 

(i) 

(ii) 

either  with  negative  results,  if  they  have  not  been  vaccinated  against  African 
horse sickness; or 

 without having recorded an increase in the antibody count and without having 
undergone  vaccination  during  the  previous  two  months,  if  they  have  been 
vaccinated against African horse sickness.  

 ⌦ In  accordance  with ⌫  the  procedure ⌦ referred  to ⌫  in  Article  21(2),  ,  and 
following  the  opinion  of  the  ⌦ European  Food  Safety  Authority ⌫  ,  other 
monitoring methods may be recognised; 

8 

OJ L 157, 10.6.1992, p. 19. 

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(cid:208) 92/36/EEC Art. 1 

(d) 

(e) 

they must  have been  kept in a quarantine  station  for  a  minimum  period  of  40  days 
prior to dispatch; 

they  must  have  been  protected  from  vector  insects  during  the  period  of  quarantine 
and during transportation from the quarantine station to the place of dispatch. 

(cid:208) 90/426/EEC (adapted) 

Article 6 

Member  States  which  implement  an  alternative  control  system  providing  guarantees 
equivalent to  those  laid down in Article 4(5) as  regards movements within their territory of 
equidae  may  grant  one  another  derogations  from  the  provisions  of  the  second  sentence  of 
Article 4(1) and Article 8(1)(b) on a reciprocal basis. 

They shall notify the Commission thereof. 

Article 7 

(cid:208) 2008/73/EC Art. 7 (adapted) 

1. Equidae must be transported, as soon as possible, from the holding of origin either directly 
or via an approved marshalling centre, as defined as “assembly centre” in Article 2(2)(o) of 
Council  Directive 64/432/EEC9,  to  the  place  of  destination  in  vehicles  or  containers  which 
have been regularly cleansed and disinfected with a disinfectant at intervals to be fixed by the 
Member  State  of  dispatch.  The  vehicles  must  be  designed  in  such  a  way  that  equidae 
droppings, litter or fodder cannot escape from the vehicle during transportation. ⌦ Without 
prejudice  to  Regulation  (EC)  No  1/2005, ⌫  transportation  must  be  effected  in  such  a  way 
that the health and well-being of the equidae can be protected effectively.  

2. The Member State of destination may, on a general or restricted basis, grant a derogation 
from  some  of  the  requirements  of  Article  4(5)  for  any  animal  bearing  a  special  mark 
indicating  that  it  is  scheduled  for  slaughter,  provided  that  the  health  certificate  ⌦ in 
accordance with Annex III ⌫ mentions such derogation. 

(cid:208) 90/426/EEC (adapted) 

9 

OJ 121, 29.7.1964, p. 1977/64. 

EN 

15 

   EN 

 
 
 
 
 
                                                 
(cid:208) 90/426/EEC 

Where such a derogation is granted, equidae for slaughter must be transported directly to the 
the 
designated  slaughterhouse  and  be  slaughtered  within  five  days  of  arrival  at 
slaughterhouse. 

3. The official veterinarian must record the identification number or identification document 
number  of  the  slaughtered  animal  and  forward  to  the  competent  authority  of  the  place  of 
dispatch,  at  the  latter's  request,  an  attestation  to  the  effect  that  the  animal  has  been 
slaughtered. 

(cid:208) 90/426/EEC (adapted) 

1. Member States shall ensure that:  

Article 8 

(a) 

(b) 

registered equidae which leave their holdings are accompanied by the identification 
document  laid  down  in  Article  4(4)(a)  together,  if  they  are  intended  for 
intra-Community trade, with the ⌦ health ⌫ attestation provided for in Annex  II; 

equidae  for  breeding,  production  and  slaughter  are,  during  their  transportation, 
accompanied by a health certificate complying with Annex III . 

2.  The  ⌦ health ⌫  certificate,  or  in  the  case  of  ⌦ registered  equidae  the  health 
attestation, ⌫  must,  without  prejudice  to  Article  6,  be  drawn  up  during  the  48  hours 
preceding their embarkation or else no later than the last working day prior to it, in at least 
one of the official languages of the Member States of dispatch and destination. The duration 
of validity of the ⌦ health ⌫ certificate ⌦ or health attestation ⌫ shall be 10 days. The 
⌦ health ⌫ certificate ⌦ or health attestation ⌫ must consist of a single sheet. 

3. ⌦ For  the  movement  between  Member  States, ⌫  equidae  other  than  registered  equidae 
may  be  covered  by  a  single  health  certificate  per  consignment  rather than  by  the  individual 
⌦ health ⌫ certificate referred to in paragraph 1, point b).  

(cid:208) 90/425/EEC Art. 15(3) 

Article 9 

The rules laid down in Directive 90/425/EEC , shall apply in particular to checks at origin, to 
the  organisation  of,  and  follow-up  to,  the  checks  to  be  carried  out  by  the  Member  State  of 
destination, and to the safeguard measures to be implemented. 

EN 

16 

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(cid:208) 90/426/EEC 

Article 10 

Veterinary  experts  from  the  Commission  may,  to  the  extent  necessary  to  ensure  uniform 
application of this Directive and in cooperation with the competent national authorities, carry 
out on-the-spot inspections. The Commission shall inform the Member States of the outcome 
of such inspections. 

The Member States in whose territory an inspection is carried out shall give the experts all the 
assistance necessary to carry out their task. 

General arrangements for the application of this Article shall be adopted in accordance with 
the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 90/426/EEC (adapted) 

CHAPTER III 

Rules for ⌦ importation of equidae ⌫ from third countries 

Equidae imported into the Community must satisfy the conditions laid down in Articles 12 to 
16. 

Article 11 

(cid:208) 2004/68/EC Art. 15(1) 
(adapted) 

Article 12 

1.  The  importation  of  equidae  into  the  Community  shall  only  be  authorised  from  third 
countries that appear on a list to be drawn up or amended in accordance with the procedure 
referred to in Article 21(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  21(2) that 

(cid:208) 2004/68/EC Art. 15(1) 

EN 

17 

   EN 

 
 
 
 
 
the  authorisation  provided  for  in  the  first  subparagraph  of  this  paragraph  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  list  provided  for  in  paragraph 1  ⌦ is ⌫  drawn  up  or  amended,  particular 
account shall be taken of: 

(cid:208) 2004/68/EC Art. 15(1) 
(adapted) 

(a) 

(b) 

(c) 

(d) 

(e) 

(cid:208) 2004/68/EC Art. 15(1) 

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; 

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  equivalence  with  the  relevant  animal  health  conditions 
applicable in the Community; 

(cid:208) 2004/68/EC Art. 15(1) 
(adapted) 

whether  the  third  country  is  a  member  of  the  ⌦ World  Organisation  for  Animal 
Health ⌫  (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  I ; 

(f) 

the guarantees given by the third country to directly inform the Commission and the 
Member States: 

(cid:208) 2004/68/EC Art. 15(1) 

EN 

18 

   EN 

 
 
 
 
 
(i)  within 24 hours, of the confirmation of the occurrence of infectious diseases of 
equidae  listed  in  Annex   I  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; 

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

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; 

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. 

(g) 

(h) 

(i) 

(cid:208) 2004/68/EC Art. 15(1) 
(adapted) 

3. The Commission shall arrange for up-to-date versions of the list drawn up or amended as 
provided for in paragraph 1 to be made available to the public. 

The list 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 21(2). 

(cid:208) 2004/68/EC Art. 15(1) 

5.  Detailed  rules  for  the  application  of  paragraphs  1  to  4  and  criteria  for  including  third 
countries or parts of third countries in the list provided for in paragraph 1 may be adopted in 
accordance with the procedure referred to in Article 21(2). 

(cid:208) 2004/68/EC Art. 15(1) 
(adapted) 

EN 

19 

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(cid:208) 90/426/EEC 

Article 13 

1. The equidae must come from third countries which: 

(a) 

(b) 

(c) 

are free from African horse sickness; 

 have been free for two years from Venezuelan equine encephalomyelitis (VEE); 

 have been free for six months from dourine and glanders. 

2. In accordance with the procedure ⌦ referred to ⌫ in Article 21(2) it may be decided: 

(cid:208) 90/426/EEC (adapted) 

(cid:208) 90/426/EEC 

(a) 

 that  the  provisions  of  paragraph  1  of  this  Article  shall  apply  to  only  a  part  of  the 
territory of a third country. 

In the event that the African horse sickness requirements apply on a regional basis, at 
the very least the measures laid down in Article 5(2) and (3) must be complied with; 

(b) 

to require additional guarantees for diseases alien to the Community. 

Article 14 

Before the day of loading for transportation to the Member State of destination, the equidae 
must  have  remained  without  interruption  in  the  territory  or  part  of  the  territory  of  a  third 
country  or,  in  the  event  of  regionalisation,  in  the  part  of  the  territory  defined  pursuant  to 
Article  13(2)(a)  for  a  period  to  be  determined  in  the  decisions  to  be  adopted  pursuant  to 
Article 15. 

They must come from a holding placed under veterinary supervision. 

Article 15 

Importation  of  equidae  from  the  territory  of  a  third  country  or  part  thereof  as  defined  in 
accordance with Article 13(2)(a) on the list drawn up in accordance with Article 12(1) shall 
be authorised only if the equidae, over and above the requirements of Article 13: 

EN 

20 

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(cid:208) 90/426/EEC (adapted) 

(a) 

comply with the animal health requirements adopted, with reference to the species in 
question, the categories of equidae ⌦ and the type of importation ⌫, in accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  21(2)  for  ⌦ importation ⌫  of 
equidae from that country. 

The reference basis for fixing ⌦ those ⌫ animal health ⌦ requirements ⌫ shall 
be the standards laid down in Articles 4 and 5; and 

(cid:208) 90/426/EEC 

(b) 

in the case of a third country not free of vesicular stomatitis or viral arteritis for at 
least six months, the equidae must meet the following requirements: 

(i) 

they must come from a holding which has been free of vesicular stomatitis for 
at least six months and they must have reacted negatively to a serological test 
prior to dispatch; 

(cid:208) 90/426/EEC (adapted) 

(ii) 

in the case of viral arteritis, male equidae must, notwithstanding Article 19(b), 
have reacted negatively to a serological test or to a virus isolation test or to any 
other  test  recognised  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article 21(2) which would guarantee freedom from the virus. 

In  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article 21(2),  and 
following  the  opinion  of  the  ⌦ European  Food  Safety  Authority ⌫,  the 
categories  of  male  equidae  to  which  this  requirement  shall  apply  may  be 
defined. 

Article 16 

1.  The  equidae  must  be  identified  in  accordance  with  Article  4(4)  and  accompanied  by  a 
⌦ health ⌫ certificate drawn up by an official veterinarian of the exporting third country. 
This ⌦ health ⌫ certificate must: 

(a) 

(b) 

be issued on the day of loading of the animals for dispatch to the Member State of 
destination  or,  in  the  case  of  registered  horses,  on  the  last  working  day  before 
embarkation; 

be  drawn  up  in  at  least  one  of  the  official  languages  of  the  Member  State  of 
destination and one of those of the Member State in which the import inspection is 
carried out; 

(c) 

accompany the animals in the original; 

EN 

21 

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(d) 

(e) 

(f) 

attest that the animals satisfy the requirements of this Directive and those laid down 
pursuant to this Directive with regard to importation from third countries; 

consist of a single sheet; 

be  made  out  for  a  single  consignee  or,  in  the  case  of  animals  for  slaughter,  for  a 
consignment, provided the animals are properly marked and identified. 

2.  The  ⌦ health ⌫  certificate  must  be  drawn  up  on  a  form  complying  with  a  model 
established in accordance with the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 90/426/EEC Article 18 
(adapted) 

Article 17 

1. Immediately upon arrival in the Member State of destination, equidae for slaughter shall be 
taken to a slaughterhouse, either directly or after transition through an approved marshalling 
centre ⌦ , referred to in Article 7, ⌫ and, in accordance with animal health requirements, be 
slaughtered within a period specified in the decisions to be adopted pursuant to Article 15.  

2. Without prejudice to any special conditions which may be adopted in accordance with the 
procedure ⌦ referred to ⌫ in Article 21(2), the competent authority of the Member State of 
destination  may,  on  animal  health  grounds,  designate  the  slaughterhouse  to  which  such 
equidae must be taken. 

(cid:208) 90/426/EEC Article 17 

Article 18 

Checks shall  be carried  out  on the  spot by veterinary experts of the Member  States and the 
Commission  to  verify  whether  the  provisions  of  this  Directive,  and  in  particular  those  of 
Article 12(2), are being applied in practice. 

(cid:208) 90/426/EEC Article 17 
(adapted) 

Should checks carried out within the terms of this Article bring to light serious facts as against 
an  approved  holding,  the  Commission  shall  immediately  inform  the  Member  States  and 
forthwith adopt a decision provisionally suspending the approval. The final decision shall be 
taken in accordance with the procedure ⌦ referred to ⌫ in Article 21(3). 

EN 

22 

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(cid:208) 90/426/EEC Article 17 

The  experts  from  the  Member  States  who  are  to  be  entrusted  with  those  checks  shall  be 
appointed by the Commission, acting on a proposal from the Member States. 

Those  checks  shall  be  made  on  behalf  of  the  Community,  which  shall  bear  the  cost  of  any 
expenditure incurred in this connection. 

The frequency of and the procedure for those checks shall be determined in accordance with 
the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 90/426/EEC Article 17 
(adapted) 

(cid:208) 90/426/EEC (adapted) 

Article 19 

In accordance with the procedure ⌦ referred to ⌫ in Article 21(2): 

(a) 

it  may  be  decided  that  ⌦ importation ⌫  from  a  third  country  or  part  of  a  third 
country is to be confined to particular species or categories ⌦ of equidae or types of 
importation ⌫; 

(cid:208) 90/426/EEC 

(b) 

 notwithstanding  Article  15,  the  special  conditions  for  the  temporary  entry  into 
Community  territory  of  registered  equidae  or  equidae  intended  for  special  uses  or 
their  re-entry  into  Community  territory  after  being  temporarily  exported,  shall  be 
established; 

(c) 

 the  conditions  for  converting  temporary  entry  into  permanent  entry  shall  be 
determined; 

(cid:208) 2004/68/EC Art. 15(2) 
(adapted) 

(d) 

 a Community reference laboratory for one or more of the diseases of equidae listed 
in  Annex   I  may  be  designated  and  the  functions,  tasks  and  procedures  regarding 
collaboration  with  laboratories  responsible  for  diagnosing  infectious  diseases  of 
equidae in the Member States ⌦ shall be provided for ⌫. 

EN 

23 

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(cid:208) 90/426/EEC (adapted) 

CHAPTER IV 

Final provisions 

Article  20 

Annexes  I  to  IV  shall  be  amended  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article 21(3). 

(cid:208) 806/2003 
Annex III(10) (adapted) 

Art. 

3 

and 

Article 21 

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 Council10. 

is  made 
reference 
2.  Where 
Decision 1999/468/EC shall apply. 

to 

this  ⌦ paragraph ⌫,  Articles 5  and  7  of 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

⌦ 3. 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. ⌫ 

(cid:208)  

Article 22 

Directive 90/426/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. 

10 

OJ L 31, 1.2.2002, p. 1. 

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24 

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Article 23 

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) 90/426/EEC 

Article 24 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

25 

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(cid:208) 90/426/EEC 

ANNEX I 

COMPULSORILY NOTIFIABLE DISEASES 

The following diseases are compulsorily notifiable: 

– 

– 

– 

– 

– 

– 

– 

– 

Dourine 

Glanders 

Equine encephalomyelitis (of all types, including VEE) 

Infectious anaemia 

Rabies 

Anthrax 

African horse sickness 

Vesicular stomatitis 

__________ 

EN 

26 

   EN 

 
 
(cid:208) 92/130/EEC  Art  1  and  Annex 
(adapted) 
(cid:206)1 2001/298/EC Art. 1(1) and 
Annex I pt. 2(a) 

ANNEX II 

⌦ MODEL ⌫ 

HEALTH ⌦ ATTESTATION ⌫ (a) 

Passport No …………….. 

I, the undersigned, certify (b) that the animal ⌦ identified ⌫ above meets the following requirements:[cette 
attestation s'applique à tout équidé, donc "equine animal" est trop limité; si vous avez l'équivalent d' "équidé", 
laissez votre version inchangée; sinon, utilisez "animal". Identified a éte utilisé pour faire le lien avec le passport 
number; si vous avez l´équivalent de "indiqué/ désigné /mentionné", pas besoin d´adapter] 

(a) 

(b) 

it has been examined today and shows no clinical sign of disease; 

it  is  not  intended  for  slaughter  under  a  national  programme  or  contagious  or  infectious  disease 
eradication; 

(c) 

– 

it  does  not  come  from  the  territory  or  part  of  the  territory  of  a  Member  State  which  is  the 
subject of restrictions for reasons of African horse sickness , or 

it  comes  from  the  territory  or  part  of  the  territory  of  a  Member  State  which  was  subject  to 
prohibition  for  animal  health  reasons  and  has  undergone,  with  satisfactory  results,  the  tests 
provided  for  in  Article  5(5)  of  Directive  […/…/EC]  in  the  quarantine  station  of  ………… 
between …………. and ……………… (c); 

– 

it is not vaccinated against African horse sickness, or 

it was vaccinated against African horse sickness on ………….. (c) (d); 

(d) 

it  has  not  come  from  a  holding  which  was  subject  to  prohibition  for  animal  health  reasons  nor  had 
contact with equidae from a holding which was subject to prohibition for animal health reasons: 

– 

– 

– 

– 

– 

– 

during six months in the case of equidae suspected of having contracted dourine, beginning on 
the  date  of  the  last  actual  or  possible  contact  with  a  sick  animal.  However,  in  the  case  of  a 
stallion, the prohibition shall apply until the animal is castrated, 

during six months in the case of glanders or equine encephalomyelitis, beginning on the day on 
which the equidae suffering from the disease in question are slaughtered, 

in  the  case  of  infectious  anaemia,  until  the  date  on  which,  the  infected  animals  having  been 
slaughtered, the remaining animals have shown a negative reaction to two Coggins tests carried 
out three months apart, 

during six months from the last case, in the case of vesicular stomatitis, 

during one month from the last case, in the case of rabies, 

during 15 days from the last case, in the case of anthrax, 

EN 

27 

   EN 

 
 
 
 
– 

if  all  the  animals  of  species  susceptible  to  the  diseases  located  on  the  holding  have  been 
slaughtered  and  the  premises  disinfected  during  30  days,  beginning  on  the  day  on  which  the 
animals were destroyed and the premises disinfected, except in the case of anthrax, where the 
period of prohibition is 15 days; 

(e) 

to the best of my knowledge, it has not been in contact with equidae suffering from an infectious or 
contagious disease in the 15 days prior to this declaration; 

(cid:206)1 (f) 

at the time of the inspection it was fit to be transported on the intended journey in accordance with the 
provisions of Regulation (EC) No 1/2005 (e).  

Date 

Place 

Stamp and signature of the official veterinarian (1) 

(1) 

Name in block capitals and capacity. 

________ 

(a) 

This  attestation  is  not  required  where  there  is  a  bilateral  agreement  in  accordance  with  Article  6  of 
Directive […/…/EC]. 
Valid for 10 days. 
Delete whichever does not apply. 
The vaccination date must be entered in the passport. 

(b) 
(c) 
(d) 
(cid:206)1 (e)  This  statement  does  not  exempt  transporters  from  their  obligations  in  accordance  with  Community 

provisions in force in particular regarding the fitness of animals to be transported.  

_____________ 

EN 

28 

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(cid:208) 92/130/EEC  Art  1  and  Annex 
(adapted) 
(cid:206)1 2001/298/EC Art. 1(1) and 
Annex I, pt. 2(b) 
(cid:206)2 1994 Act of Accession Art. 29 
and Annex I, p. 132 
(cid:206)3 2003 Act of Accession Art. 20 
and Annex II, p. 381 
(cid:206)4 2006/104/EC Art. 1 and 
Annex, pt. I.2. 

ANNEX III 

MODEL 

HEALTH CERTIFICATE 

For trade between Member States  

EQUIDAE 

Member State of dispatch: …………………………………………………………………………………………. 

Ministry responsible: ……………………………………………………………………………………………….. 

Territorial Department responsible: ………………………………………………………………………………... 

No: …………………………… 

I. 

II. 

Number of equidae: ……………………………………………………………………………... 

Identification of equidae: 

Number of equidae (1) 

Species 
horse, ass, mule, 
hinny 

Breed 
Age 
Sex 

Method of 
identification 
and identification (2) 

(1) 

(2) 

In the case of animals for slaughter, nature of the special mark. 

A passport identifying the equine animal may ⌦ accompany the animal for which this 
certificate is issued ⌫ provided that its number is stated. 

EN 

29 

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III. 

Origin and destination of animal/s: 

The animal/s is/are to be sent 

from: 
……………………………………………………………………………………………………… 

(Place of export) 

to: …………………………………………………………………………………………………… 

Name and address of consignor: …………………………………………………………………… 

(Member State and place of destination) 

…………………………….....…………………………………………………………………….. 

Name and address of consignee: …………………………………………………………………… 

……………………………………………………………………………………………………… 

IV. 

Health information (a) 

I, the undersigned, certify that the animal/s described above meet/s the following requirements: 

1. 

2. 

it/they have been examined today and show/s no clinical sign of disease; 

it/they is/are not intended for slaughter under a national programme of contagious or infectious 
disease eradication; 

3. 

– 

it/they  does/do  not  come  from  the  territory  or  part  of  the  territory  of  a  Member  State 
which is the subject of restrictions for reasons of African horse sickness,  

or 

it/they come/s  from the territory or part of the territory of a Member State which was 
the subject of restrictions for reasons of African horse sickness and has/have undergone, 
with satisfactory results, the tests provided for in Article 5(5) of Directive  […/…/EC] 
in 
and 
the  quarantine 
…………………… (b), 

station  of  ………………….  between  ………… 

– 

it/they is/are not vaccinated against African horse sickness, 

or 

it/they was/were vaccinated against African horse sickness on …………………… (b); 

4. 

it/they  has/have  not  come  from  a  holding  which was  subject  to  prohibition  for  animal  health 
reasons  nor  had  contact  with  equidae  from  a  holding  which  was  subject  to  prohibition  for 
animal health reasons: 

– 

– 

during  six  months  in  the  case  of  equidae  suspected  of  having  contracted  dourine, 
beginning on the date of the last actual or possible contact with a sick animal. However, 
in the case of a stallion, the prohibition shall apply until the animal is castrated, 

during six months in the case of glanders or equine encephalomyelitis, beginning on the 
day on which the equidae suffering from the disease in question are slaughtered, 

EN 

30 

   EN 

 
 
 
 
 
 
 
– 

– 

– 

– 

– 

in the case of infectious anaemia, until the date on which, the infected animals having 
been slaughtered, the remaining animals have shown a negative reaction to two Coggins 
tests carried out three months apart, 

during six months from the last case, in the case of vesicular stomatitis, 

during one month from the last case, in the case of rabies, 

during 15 days from the last case, in the case of anthrax, 

if all the animals of species susceptible to the disease located on the holding have been 
slaughtered and the premises disinfected during 30 days, beginning on the day on which 
the animals were destroyed and the premises disinfected, except in the case of anthrax, 
where the period of prohibition is 15 days; 

5. 

to the best of my knowledge, it/they has/have not been in contact with equidae suffering from 
an infectious or contagious disease in the 15 days prior to this declaration; 

(cid:206)1 6. at the time of the inspection it/they was/were fit to be transported on the intended journey in 

accordance with the provisions of Regulation (EC) No 1/2005 ( c).  

(Name in capital letters and capacity 
of signing veterinarian) ( d) 

This information is not required where there is a bilateral agreement in accordance with Article 6 of 
Directive […/…/EC]. 
Delete whichever does not apply. 
This  statement  does  not  exempt  transporters  from  their  obligations  in  accordance  with  Community 
provisions in force in particular regarding the fitness of animals to be transported. 
In  Belgium:  'Inspecteur  vétérinaire'  or  'Inspecteur  Dierenarts';  (cid:206)4 in  Bulgaria:  'ветеринарен 
инспектор';  (cid:206)3 in the Czech Republic: 'veterinární inspektor';  in Denmark: 'Embedsdyrlaege'; 
in  Germany:  'Beamteter  Tierarzt';  (cid:206)3 in  Estonia:  'veterinaarjärelevalve  ametnik';   in  Ireland: 
'Veterinary Inspector'; in Greece: 'Επίσηµος κτηνίατρος'; in Spain: 'Inspector Veterinário'; in France: 
'Vétérinaire officiel'; in Italy: 'Veterinario ufficiale'; (cid:206)3 in Cyprus: 'Επίσηµος κτηνίατρος'; in Latvia: 
'veterinarais  inspektors';  in  Lithuania:  'veterinarijos  inspektorius';   in  Luxembourg:  'Inspecteur 
vétérinaire';  (cid:206)3 in  Hungary:  'hatósági  állatorvos';  in  Malta:  'veterinarju  ufficjali';   in  the 
Netherlands: 'Officieel Dierenarts'; (cid:206)2 in Austria: 'Amtstierarzt';  (cid:206)3 in Poland: 'urzedowy lekarz 
weterynarii';   in  Portugal:  'Inspector  Veterinário';  (cid:206)4 in  Romania:  'medic  veterinar  autorizat';  
(cid:206)3 in  Slovenia:  'veterinarski  inspektor';  in  Slovakia:  'veterinárny  inspektor';   (cid:206)2 in  Finland: 
'kunnaneläinlääkäri', 
'kommunalveterinär', 
or 
'stadsveterinär'  or  'länsveterinär',  in  Sweden:  'länsveterinär',  'distriktsveterinär'  or  'gränsveterinär';  
in the United Kingdom: 'Veterinary Inspector'. 

'kaupungineläinlääkäri' 

''läänineläinlääkäri' 

/ 

__________ 

31 

   EN 

____________ 
(a) 

(b) 
(c) 

(d) 

EN 

 
 
 
(cid:208) 2002/160/EC Art. 1 and Annex  

ANNEX IV 

AFRICAN HORSE SICKNESS 

DIAGNOSIS 

Reagents  for  the  enzyme-linked  immunosorbent  assays  (ELISA)  described  below  may  be 
obtained  from  the  European  Community  Reference  Laboratory  or  the  OIE  Reference 
Laboratories for African horse sickness. 

1. 

COMPETITIVE  ELISA  FOR  THE  DETECTION  OF  ANTIBODIES  TO 
AFRICAN HORSE SICKNESS VIRUS (AHSV) (PRESCRIBED TEST) 

Competitive  ELISA  is  used  to  detect  specific  AHSV  antibodies  in  sera  from  any 
species of equidae. The broad spectrum, polyclonal, immune anti-AHSV guinea-pig 
serum (hereinafter “guinea-pig antiserum”) is serogroup specific and is able to detect 
all known serotypes of AHS virus. 

The  principle  of  the  test  is  the  interruption  of  the  reaction  between  AHSV  antigen 
and  a  guinea-pig  antiserum  by  a  test  serum  sample.  AHSV  antibodies  in  the  test 
serum  sample  will  compete  with  those  in  the  guinea-pig  antiserum  resulting  in  a 
reduction  in  the  expected  colour  (following  the  addition  of  enzyme  labelled  anti-
guinea-pig antibody and substrate). Sera can be tested at a single dilution of 1 in 5 
(spot test method) or may be titrated (serum titration method) to give dilution end-
points. Inhibition values higher than 50 % may be regarded as positive. 

The test protocol described hereinafter is used in the Regional Reference Laboratory 
for African horse sickness in Pirbright, United Kingdom. 

1.1. 

Test procedure 

1.1.1.  Preparation of plates 

1.1.1.1.  Coat  ELISA  plates  with  AHSV  antigen  extracted  from  infected  cell  cultures  and 
diluted in carbonate/bicarbonate buffer, pH 9,6. Incubate the ELISA plates overnight 
at 4 °C. 

1.1.1.2.  Wash plates three times by flooding and emptying the wells with phosphate buffered 

saline (PBS), pH 7, 2 to 7,4 pH, and blot dry on adsorbent paper. 

1.1.2.  Control wells 

1.1.2.1.  Titrate the positive control sera in a twofold dilution series, from 1 in 5 to 1 in 640, 
across column 1 in blocking buffer (PBS containing 0,05 % (v/v) Tween-20, 5,0 % 
(w/v)  skimmed-milk  powder  (Cadbury's  MarvelTM)  and  1 %  (v/v)  adult  bovine 
serum) to give a final volume of 50 µl/well. 

EN 

32 

   EN 

 
 
 
 
 
1.1.2.2.  Add 50 µl of the negative control serum at a dilution of 1 in 5 (10 µl serum + 40 µl 

blocking buffer) to wells A and B of column 2. 

1.1.2.3.  Add 100 µl/well of blocking buffer to wells C and D of column 2 (blank). 

1.1.2.4.  Add  50 µl  of  blocking  buffer  to  wells  E,  F,  G  and  H  of  column  2  (guinea  pig 

control). 

1.1.3. 

Spot test method 

1.1.3.1.  Add  a  1  in  5  dilution  of  each  test  serum  in  blocking  buffer  to  duplicate  wells  of 

columns 3 to 12 (10 µl sera + 40 µl blocking buffer). 

or 

1.1.4. 

Serum titration method 

1.1.4.1.  Prepare a twofold dilution series of each test sample (1 in 5 to 1 in 640) in blocking 

buffer across eight wells of single columns (3 to 12). 

then 

1.1.5.  Add 50 µl of guinea pig antisera, pre-diluted in blocking buffer, to all wells except 

the blank wells of the ELISA plate (all wells now contain a final volume of 100 µl). 

1.1.5.1.  Incubate for 1 hour at 37 °C on an orbital shaker. 

1.1.5.2.  Wash plates three times and blot dry as before. 

1.1.5.3.  Add  50 µl  of  rabbit  anti-guinea-pig  horseradish  peroxidase  (HRP)  conjugate  pre-

diluted in blocking buffer to each well. 

1.1.5.4.  Incubate for 1 hour at 37 °C on an orbital shaker. 

1.1.5.5.  Wash plates three times and blot dry as before. 

1.1.6.  Chromogen 

Prepare the chromogen OPD (OPD = ortho-phenyldiamine) solution according to the 
manufacturers' instructions (0,4 mg/ml in sterile distilled water) just before use. Add 
substrate  (hydrogen  peroxide  =  H2O2)  to  give  a  final  concentration  of  0,05 %  (v/v) 
(1 in 2000 of a 30 % solution of H2O2). Add 50 µl of the OPD solution to each well 
and  leave  plates  on  the  bench  for  10  minutes  at  ambient  temperature.  Stop  the 
reaction by the addition of 50 µl/well of 1M sulphuric acid (H2SO4). 

1.1.7.  Reading 

Read spectrophotometrically at 492 nm. 

1.2. 

Expression of results 

1.2.1.  Using  a  software  package  print  out  the  optical  density  (OD)  values,  and  the 
percentage inhibition (PI) for test and control sera based on the mean value recorded 

EN 

33 

   EN 

 
 
 
 
 
in the four guinea pig control wells. The data expressed as OD and PI values are used 
to  determine  whether  the  test  has  performed  within  acceptable  limits.  The  upper 
control  limits  (UCL)  and  lower  control  limits  (LCL)  for  the  guinea  pig  control  are 
between  OD  values  1,4  and  0,4  respectively.  The  end-point  titre  for  the  positive 
control  based  on  50 %  PI  should  be  1  in  240  (within  a  range  from  1  in  120  to 
1 in 480).  Any  plate  that  fails  to  conform  to  the  above  criteria  must  be  rejected. 
However,  if  the  positive  control  serum  titre  is  greater  than  1  in  480  and  the  test 
samples are still negative then the negative test samples can be accepted. 

The  duplicate  negative  control  serum  wells  and  the  duplicate  blank  wells  should 
record  PI  values  between  + 25 %  and  – 25 %,  and  between  + 95 %  and  + 105 %, 
respectively. Failure to be within these limits does not invalidate the plate but does 
suggest that background colour is developing. 

1.2.2.  The  diagnostic  threshold  (cut-off  value)  for  test  sera  is  50 %  (PI  50 %).  Samples 
recording PI values greater than 50 % are recorded as positive. Samples recording PI 
values lower than 50 % are recorded as negative. 

Samples that record PI values above and below the threshold for the duplicate wells 
are  considered  doubtful.  Such  samples  may  be  re-tested  in  the  spot  test  and  by 
titration. Positive samples may also be titrated to provide an indication of the degree 
of positivity. 

Spot test layout 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

+ve 
cont. 

Test sera 

A 

1:5 

–ve cont. 

31 

B 

1:10 

–ve cont. 

31 

32 

32 

33 

33 

34 

34 

35 

35 

36 

36 

37 

37 

38 

38 

39 

39 

40 

40 

C 

1:20 

Blank 

D 

1:40 

Blank 

E 

F 

1:80 

GP cont. 

1:160  GP cont. 

G 

1:320  GP cont. 

H 

1:640  GP cont. 

1 

1 

2 

2 

3 

3 

4 

4 

5 

5 

6 

6 

7 

7 

8 

8 

9 

9 

10 

10 

–ve cont = negative control. 

+ve cont = positive control. 

GP cont = guinea pig control. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

Test sera 

+ve 
cont. 

A 

1:5 

B 

1:10 

–ve 
cont. 

–ve 
cont. 

1:5 

1:10 

C 

1:20 

Blank 

1:20 

D 

1:40 

Blank 

1:40 

E 

1:80 

GP 
cont. 

1:80 

F 

1:160  GP 

1:160 

cont. 

G 

1:320  GP 

1:320 

cont. 

H 

1:640  GP 

1:640 

cont. 

–ve cont = negative control. 

+ve cont = positive control. 

GP cont = guinea pig control. 

Test sera 

1:5 

1:10 

1:20 

1:40 

1:80 

1:160 

1:320 

1:640 

2. 

INDIRECT ELISA FOR THE DETECTION OF ANTIBODIES TO AFRICAN 
HORSE SICKNESS VIRUS (AHSV) (PRESCRIBED TEST) 

The  test  described  hereinafter  is  in  accordance  with  the  test  description  in 
Chapter 2.1.11 of the OIE Manual of Standards for Diagnostic Tests and Vaccines, 
fourth edition, 2000. 

The  recombinant  VP7  protein  has  been  used  as  antigen  for  AHS  virus  antibody 
determination with a high index of sensitivity and specificity. Other advantages are 
that it is stable and not infective. 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2.1. 

Test procedure 

2.1.1. 

Solid phase 

2.1.1.1.  ELISA  plates  are  coated  with 

recombinant  AHSV-4  VP7  diluted 

in 

carbonate/bicarbonate buffer, pH 9,6. Incubate plates overnight at 4 °C. 

2.1.1.2.  Wash  the  plates  five  times  with  distilled  water  containing  0,01 %  (v/v)  Tween  20 
(washing  solution).  Gently  tap  the  plates  onto  absorbent  material  to  remove  any 
residual wash. 

2.1.1.3.  Block  the  plates  with  phosphate  buffered  saline  (PBS)  + 5 %  (w/v)  skimmed  milk 

(Nestlé Dry Skim MilkTM), 200 µl/well, for 1 hour at 37 °C. 

2.1.1.4.  Remove the blocking solution and gently tap the plates onto absorbent material. 

2.1.2.  Test samples 

2.1.2.1.  Serum samples to be tested, and positive and negative control sera, are diluted 1 in 
25  in  PBS  + 5 %  (w/v)  skimmed  milk  + 0,05 %  (v/v)  Tween  20,  100 µl  per  well. 
Incubate for 1 hour at 37 °C. 

For  titration,  make  a  twofold  dilution  series  from  1  in  25  (100 µl/well),  one  serum 
per plate column, and do the same with positive and negative controls. Incubate for 
1 hour at 37 °C. 

2.1.2.2.  Wash the plates as described in step 2.1.1.2. 

2.1.3.  Conjugate 

2.1.3.1.  Dispense  100 µl/well  of  horseradish-peroxidase  (HRP)  -conjugated  anti-horse 
gamma-globulin diluted in PBS + 5 % milk + 0,05 % Tween 20, pH 7,2. Incubate for 
1 hour at 37 °C. 

2.1.3.2.  Wash the plates as described in step 2.1.1.2. 

2.1.4.  Cromogen/Substrate 

2.1.4.1.  Add  200 µl/well  of  chromogen/substrate  solution  (10 ml  of  80,6 mM  DMAB 
(dimethyl  aminobenzaldehyde)  + 10 ml  of  1,56 mM  MBTH  (3-methyl-2-benzo-
thiazoline hydrazone hydrochlorid) + 5 µl H2O2) 

Colour  development  is  stopped  by  adding  50 µl  of  3N  H2SO4  after  approximately 
5 to 10 minutes (before the negative control begins to be coloured). 

Other  chromogens  such  as  ABTS 
(2,2'-Azino-bis-[3-ethylbenzothiazoline-6-
sulphonic  acid]),  TMB  (tetramethyl  benzidine),  or  OPD  (ortho-phenyldiamine)  can 
also be used. 

2.1.4.2.  Read the plates at 600 nm (or 620 nm). 

EN 

36 

   EN 

 
 
 
 
2.2. 

Interpretation of the results 

2.2.1.  Calculate the cut-off value by adding 0,6 to the value of the negative control (0,6 is 

the standard deviation derived with a group of 30 negative sera). 

2.2.2.  Test  samples  giving  absorbance  values  lower  than  the  cut-off  are  regarded  as 

negative. 

2.2.3.  Test samples giving absorbance values greater than the cut-off + 0,15 are regarded as 

positive. 

2.2.4.  Test  samples  giving  intermediate  absorbance  values  are  doubtful  and  a  second 

technique must be employed to confirm the result. 

3. 

BLOCKING ELISA FOR THE DETECTION OF ANTIBODIES TO AFRICAN 
HORSE SICKNESS VIRUS (AHSV) (PRESCRIBED TEST) 

The blocking ELISA is designed to detect specific AHSV antibodies in sera from any 
susceptible  species.  VP7  is  the  major,  antigenic,  viral  protein  of  AHSV,  and  is 
conserved within the nine serotypes. Because the monoclonal antibody (Mab) is also 
directed  against  the  VP7,  the  assay  will  give  a  high  level  of  sensitivity  and 
specificity.  Further,  the  recombinant  VP7  antigen  is  completely  innocuous  and 
therefore guarantees a high degree of safety. 

The principal of the test is the interruption of the reaction between the recombinant 
VP7, as the antigen bound to the ELISA plate and the conjugated Mab specific for 
the VP7. Antibody in the test sera will block the reaction between the antigen and the 
Mab resulting in a reduction in colour. 

The test described hereinafter is carried out in the European Community Reference 
Laboratory for African horse sickness in Algete, Spain. 

3.1. 

Test procedure 

3.1.1.  ELISA plates 

3.1.1.1.  Coat ELISA plates with recombinant AHSV-4 VP7 diluted in carbonate/bicarbonate 

buffer, pH 9,6. Incubate overnight at 4 °C. 

3.1.1.2.  Wash the plates five times with phosphate buffered saline (PBS) containing 0,05 % 

(v/v) Tween 20 (PBST). 

3.1.1.3.  Stabilise  the  plate  by  treatment  with  a  stabilising  solution  (in  order  to  allow  long 

term storage at 4 °C without loss of activity) and blot dry onto absorbent material. 

EN 

37 

   EN 

 
 
 
 
3.1.2.  Test samples and controls 

3.1.2.1.  For screening: 

dilute test sera and controls 1 in 10 directly on the plate in PBST 
to give a final volume 100 µl/well. Incubate for 1 hour at 37 °C. 

3.1.2.2.  For titration: 

prepare a twofold dilution series of test sera and positive controls 
(100 µl/well)  from  1  in  10  to  1  in  1280  across  eight  wells. 
Negative control is tested at 1 in 10 dilution. 

3.1.3.  Conjugate 

Add  50 µl/well  of  pre-diluted  horseradish-peroxidase  (HRP)  -conjugated  Mab 
(monoclonal  antibodies  specific  for  VP7)  to  each  well  and  mix  gently  to  ensure 
homogeneity. Incubate for 30 minutes at 37 °C. 

3.1.4.  Wash the plates five times with PBST and blot dry as above. 

3.1.5.  Chromogen/Substrate 

Add 100 µl/well of chromogen/substrate solution (1 ml of ABTS (2,2'-Azino-bis-[3-
ethylbenzothiazoline-6-sulphonic  acid])  5 mg/ml  + 9 ml  of  substrate  buffer  (0,1  M 
Phosphate-Citrate  buffer  of  pH  4  containing  0,03 %  H2O2]  and  incubate  for 
10 minutes  at  room  temperature.  Colour  development  is  stopped  by  adding 
100 µl/well of 2 % (w/v) SDS (sodium dodecyl sulphate). 

3.1.6.  Reading 

Read at 405 nm in an ELISA reader. 

3.2. 

Interpretation of the results 

3.2.1.  Assay validation 

The  test  is  valid  when  the  optical  density  (OD)  of  negative  control  (NC)  is  higher 
than 1,0 and the OD of positive control (PC) is lower than 0,2. 

3.2.2.  Cut-off calculation 

Positive cut off 

=  NC - ((NC - PC) x 0,3) 

Negative cut off 

=  NC - ((NC - PC) x 0,2) 

Where, NC is the OD of the negative control and PC the OD of positive control. 

3.2.3. 

Interpretation of results 

Samples  with  OD  lower  than  positive  cut-off  should  be  considered  as  positives  to 
AHSV antibodies. 

Samples  with  OD  higher  than  negative  cut-off  should  be  considered  negatives  for 
AHSV antibodies. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
Samples with OD between these two values should be considered doubtful  and the 
animals re-sampled after two to three weeks. 

__________ 

EN 

39 

   EN 

 
 
(cid:207) 

ANNEX V 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 22) 

Council Directive 90/426/EEC 
(OJ L 224, 18.8.1990, p. 42) 

Council Directive 90/425/EEC 
(OJ L 224, 18.8.1990, p. 29) 

Council Directive 91/496/EEC 
(OJ L 268, 24.9.1991, p. 56) 

Commission Decision 92/130/EEC 
(OJ L 47, 22.2.1992, p. 26) 

Council Directive 92/36/EEC 
(OJ L 157, 10.6.1992, p. 28) 

Point V.E.I.A.3 of Annex I to the  
1994 Act of Accession 
(OJ C 241, 29.8.1994, p. 132) 

Commission Decision 2001/298/EC 
(OJ L 102, 12.4.2001, p. 63) 

Commission Decision 2002/160/EC 
(OJ L 53, 23.2.2002, p. 37) 

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

Point 6.B.I.16 of Annex II to the  
2003 Act of Accession 
(OJ L 236, 23.9.2003, p. 381) 

Council Directive 2004/68/EC 
(OJ L 139, 30.4.2004, p. 321) 

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

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

only Article 15(3) 

only as regards the reference to 
Directive 90/426/EEC in Article 26(2) 

only Article 1 

only as regards the reference to 
Directive 90/426/EEC in Article 1(1), 
and Annex I, pt. 2 

only Annex III, pt. 10 

only Article 15 

only Annex, pt. I.2. 

only Article 7 

EN 

40 

   EN 

 
 
 
 
 
 
 
Part B 

List of time-limits for transposition into national law 
(referred to in Article 22) 

Directive 

Time-limit for transposition 

90/426/EEC 

90/425/EEC 

91/496/EEC 

92/36/EEC 

2004/68/EC 

2006/104/EC 

2008/73/EC 

1 January 1992 

1 July 1992 

1 July 1992 

31 December 1992 

19 November 2005 

- 

1 January 2010 

_____________ 

EN 

41 

   EN 

 
ANNEX VI 

CORRELATION TABLE 

Directive 90/426/EEC 

This Directive 

Article 1 

Article 2(a) and (b) 

Article 2(c) 

Article 2(d) to (i) 

Article 3 

Article 1 

Article 2(a) and (b) 

Article 2(c)(i) and (ii) 

Article 2(d) to (i) 

Article 3 

Article 4(1), (2) and (3) 

Article 4(1), (2) and (3) 

Article 4(4)(i) and (ii) 

Article 4(4)(a) and (b) 

Article 4(5)(a), first to sixth indents 

Article 4(5)(a)(i) to (vi) 

Article 4(5)(b) 

Article 4(5)(b)  

Article 4(6), first subparagraph, first to eighth 
indents 

Article 4(6), first subparagraph, (a) to (h) 

Article 4(6), second and third subparagraphs  Article 4(6), second and third subparagraphs 

Article 5(1) 

Article 5(2)(a) 

Article 5(2)(b) 

Article 5(2)(c) 

Article 5(2)(d) 

Article 5(1) 

Article 5(2), first subparagraph (a) and (b) 

Article 5(2), second subparagraph (a) and (b) 

Article 5(3) 

Article 5(4) 

Article 5(3)(a) and (b) 

Article 5(5)(a) and (b) 

Article 5(3)(c), first and second indents 

Article 5(5)(c), first subparagraph, (i) and (ii) 

Article 5(3)(c), second indent, last sentence 

Article 5(5)(c), second subparagraph 

Article 5(3)(d) and (e) 

Article 5(5)(d) and (e) 

Article 6 

Article 7 

EN 

Article 6 

Article 7 

42 

   EN 

 
Article  8(1),  first  subparagraph,  first  and 
second indents 

Article 8(1)(a) and (b) 

Article 8(1), second subparagraph 

Article 8(2) 

Article 8(2) 

Article 9 

Article 10 

Article 11(1) 

Article 11(2) 

Article 12 

Article 13 

Article 14 

Article 15 

Article 8(3) 

Article 9 

Article 10 

Article 11 

- 

Article 12  

Article 13 

Article 14 

Article 15 

Article 16(1)(a) to (f) 

Article 16(1)(a) to (f) 

Article 16(1), final sentence 

- 

Article 16(2) 

Article 17 

Article 18 

Article 16(2) 

Article 18 

Article 17 

Article 19(i) to (iv) 

Article 19(a) to (d) 

Article 22 

Article 23 

- 

Article 20 

Article 24(1) and (2) 

Article 21(1) and (2) 

Article 24(3) 

- 

Article 25(1) and (2) 

Article 21(1) and (3) 

Article 26 

Article 27 

- 

- 

EN 

- 

- 

Article 22 

Article 23 

43 

   EN 

 
Article 28 

Annex A 

Annex B 

Annex C 

Annex D 

- 

- 

Article 24 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

__________ 

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44 

   EN