CELEX: 51989PC0503
Language: en
Date: 1989-10-18
Title: Proposal for a COUNCIL REGULATION (EEC) on animal health conditions governing intra-Community trade in and import from third countries of live equidae#Proposal for a COUNCIL REGULATION (EEC) on the zootechnical and genealogical conditions governing intra-Community trade in equidae#Proposal for a COUNCIL REGULATION (EEC) on intra-Community trade in equidae intended for participation in competitions#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 503
Vol. 1989/0162
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(89 ) 503 final
                                                  BrüSséls / J8 October 1989
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                                             Sorti du Secrétariat    V
                               Proposa for;        Général         V
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                         COUNCIL REGULATIONON ( EEC )
  on animal health conditions governing i                      it y trade in and
               import from third countries of live equidae
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
       on the zootechnical and genealogical conditions governing
                     intra -Community trade in equidae
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
   on intra -Community trade in equidae intended for participation in
                                compétitions
                       (presented by the Commission )
 ---pagebreak---                                EXPLANATORY MEMORANDUM
The breeding and rearing of equidae constitutes a source of income for part of
the farming population . In order to ensure the rational development of
equidae production , raise the productivity levels concerned and help bring
about a single market it is advisable to lay down common animal health
protection , zootechnical and geneological rules regarding the marketing of
equidae in the Community .
1 . The first proposal provides for the approximation of the animal health
    protection rules to be implemented by the Member States . The removal of
    existing disparties will help to foster intra-Community trade in equidae
    while meeting certain animal health requirements designed to avoid the
    spread of diseases . It also provides for Community arrangements in respect
    of imports from third countries and specifies the general animal health
    criteria applicable to third countries from which exports of equidae to the
    Community are authorized . The purpose of those criteria is to safeguard
    human and animal health within the Community .
2 . Satisfactory results as regards the breeding and rearing of equidae depend
    largely on the use of registered breeding equidae .
    Existing disparties in Member States are due to differences in policy as
    regards breeding and rearing . The trade in registered equidae thus comes
    up against certain barriers which must be removed .
    With a view to achieving a single market and helping to raise productivity
    it is advisable to liberalize intra-Community trade in equidae . It was
    felt that , in order to prevent unfair practices , rules should be laid down
    as regards the renaming of equidae .
 ---pagebreak---                                 - Λ        -
The second proposal lays down basic rules with a view to achieving the
objectives referred to above .
3 . The rules regarding competitions may also constitute a barrier to
    intra-Community trade in equidae .  In that respect the disparities which
    remain must also be removed .
    The three proposals , which cover veterinary and zootechnical aspects , are
    designed to ensure the rational development of that part of the farming
    sector in the Community and to help achieve a single market .
    When drafting its proposal the Commission opted for the regulatory
    committee procedure , since it wished to avoid disrupting the existing
    management machinery in the veterinary field . More generally , however , the
    Commission continues to prefer the advisory committee procedure .
 ---pagebreak---                                        - 2 -
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
         on animal health conditions governing intra-Community trade in and
         import from third countries of live equidae .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas equidae , being live animals , are included in the list of products in
Annex II to the Treaty ;
Whereas in order to ensure the rational development of equidae production ,
thereby increasing productivity in that sector , rules governing the marketing
of equidae in intra-Community trade must be laid down at Community level ;
Whereas the breeding and rearing of equidae and in particular of horses is
generally included in the farming sector ; whereas it constitutes a source of
income for part of the farming population ;
Whereas disparities as regards animal health conditions in the Member States
should be eliminated in order to encourage intra-Community trade in equidae ;
Whereas , in order to encourage the harmonious development of intra-Community
trade , a Community system should be laid down to govern imports from third
countries ;
 ---pagebreak---                                           3
Whereas the provisions of this Regulation should not, in principle , apply to
specific trade of a local nature ;
Whereas , in order to be the subject of intra-Community trade , equidae must
satisfy certain animal health requirements , so as to avoid the spreading of
contagious diseases ;
Whereas transport conditions should be laid down for the same reason ;
Whereas , to ensure that those requirements are satisfied provision must be
made for the issue by an official veterinarian of a health certificate to
accompany the equidae to their place of destination ;
Whereas , in respect of the organization 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 , reference should be made to the general rules laid down in
Council Regulation ( SEC ) No .      of         ^concerning veterinary checks in
intra-Community trade in view of the completion of the internal market) ;
Whereas provision should be made for autonomous checks to be carried out by
the Commission ;
Whereas 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 ;
Whereas the choice of these countries must be based on criteria of a general
nature such as the state of health of the livestock , the organization and
powers of the veterinary services and the health regulations in force ;
Whereas , in addition , importation of equidae should not be authorized from
countries infected with contagious or infectious animal diseases which present
-v - isk to Community livestock or which have been free from such infection for
too short a period ; whereas such considerations arc also valid for
importation from third countries in which vaccination against; arch diseases is
cerried out ;
!
 ---pagebreak---                                           4
Whereas the general conditions applicable to importation from third countries
must be supplemented by special conditions drawn up on the basis of the health
situation in each of them ; whereas , owing to the technical nature and the
diversity of the criteria on which these special conditions depend , there
must , in order to define them , be recourse to a flexible and rapid Community
procedure in which the Commission and the Member States cooperate closely ;
Whereas the presentation of a standard form of certificate upon importation of
equidae constitutes an effective means of verifying that the Community rules
are   being   applied ; whereas  such  rules  may  include  special
provisions which may vary according to the third country concerned , and
whereas this must be taken into account in drawing up the standard forms of
certificate ;
Whereas official Community veterinarians should be responsible for verifying
that the regulations are observed , particularly in third countries ;
Whereas inspection carried out upon importation must cover the origin and the
state of health of the equidae ;
Whereas the Member States must be allowed , on the arrival of equidae in the
territory of the Community and during transit to their place of destination ,
to take all measures , including slaughter and disposal , required for the
purpose of safeguarding the health of humans and animals ;
Whereas inspection of equidae is carried out in the general interests of the
Community ; whereas it should therefore be stipulated that the inspection be
carried out in premises approved in accordance with Community criteria and a
Community procedure ;
Whereas every Member State must have the right to place an immediate
prohibition on imports from a third country when such imports may be dangerous
for animal health ; whereas in such a case coordination of the attitudes of the
Member States with regard to this third country must be assured without delay ,
without prejudice to possible amendments to the list of countries authorized
to export to the Community ;
 ---pagebreak---                                              5
Whereas the provisions of this Regulation should be revised in connection with
the completion of the internal market ;
Whereas provision should be made for a procedure establishing close and effective
cooperation between the Commission and the Member State within the Standing
Veterinary Committee ,
HAS ADOPTED THIS REGULATION     :
                                         CHAPTER I
                                    GENERAL PROVISIONS
                                         Article 1
1 . This Regulation lays down animal health conditions for intra-Community
    trade in and import from third countries of live equidae .
2 . (a)    This Regulation shall not apply to trade in 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
             organized by local riding clubs situated near internal borders of
             the Community ;
           - are intended solely for temporary pasturing near internal boarders
             of the Community ;
    (b)    However , if necessary , the Commission shall adopt , in accordance with
           the procedure laid down in Article 24 , special rules for such trade .
                                         Article 2
For the purposes of this Regulation :
(a)     " holding” means an agricultural or training establishment , a stable or ,
        generally speaking , any premises or facilities in which equidae are
        habitually kept or bred ;
 ---pagebreak---                                            6
(b)   " equidae" means animals of the equine or asinine species or the
      offspring of crossings of those species ;
(c)   " equidae for slaughter" means equidae intended to be transported
      directly to the slaughterhouse for slaughter ;
(d)   " equidae for breeding or production" means equidae other than as
      referred to in ( c ) and in particular those intended for breeding , meat
      production , draught purposes , riding , or exhibition for sales purposes ,
      or belonging to a circus or show ;
(e)   "equidae intended for sporting events " means equidae for breeding or
      production , registered by an officially recognized breeders'
      organization or association and intended, in particular , for partici ¬
      pation in competitions ;
(f)   " compulsorily notifiable diseases” means the diseases , as listed in
      Annex A , whose presence or suspected presence must be notified to the
      competent authority of the Member State ;
(g)   " official veterinarian" means the veterinarian designated by the
      competent central authority of a Member State or a third country ;
(h)   "temporary admission " means that status of an animal intended for
      sporting events originating in a third country and admitted into
      Community territory for a period not exceeding 90 days .
                                     CHAPTER II
                          RULES FOR INTRA-COMMUNITY TRADE
                                      Article 3
Member States shall send to another Member State only equidae which satisfy
the conditions laid down in Article 4 .
 ---pagebreak---                                               7
                                         Artide 4
1 . The equi dae must show no clinical sign of di sease at i nspection .    Ins pec ti on must
    take place duri ng a period of 48 hours preceding thei r loadi ng .
2 . The equi dae must not have been in contact with equi dae suf f eri ng from an i nf ectious
    or contagious disease duri ng a period of 1 5 days preceding thei r loadi ng .
3 . The eguidae must not be intended for slaughter under a national programme
    of contagious or infectious disease eradication .
4 . The eguidae must be identified by an officially approved method .              The
    identification methods shall be laid down , where necessary , in accordance
    with the procedure laid down in Article 24 .
5 . The equidae must not have been obtained from a holding or have been in
    contact with equidae subject to a prohibition for health reasons .
    (a)   The prohobition must be linked to the outbreak of a compulsorily
          notifiable disease .
    ( b)  if all the animals of species susceptible to the disease have not been
          slaughtered , the period of prohibition concerning the holding must be
          at least :
         - six months in the case of eguidae 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 ;
         - six months in the case of glanders or eguine encephalomyelitis ,
            beginning on the day on which the eguidae suffering from the disease
            in guestion are    slaughtered ;
         - three months in the case of infectious anaemia , beginning on the day
            on which the eguidae suffering from the disease are slaughtered ;
         - one month from the last recorded case , in the case of rabies ;
         - 15 days from the last recorded case , in the case of anthrax ;
 ---pagebreak---                                        - 8 -
   (b)  If all the animals of species susceptible to the disease 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 shall be 15 days .
                                     Article 5
The equidae must be transported directly , as soon as possible , from the
holding of origin to the place of destination in vehicles or containers which
have first been cleansed and disinfected with a disinfectant officially
authorized in the exporting country . The vehicles shall be designed in such a
way that equidae droppings , litter or fodder cannot escape from the vehicle
during transportation . Transportation must be effected in such a way that the
health status of the equidae can be protected effectively .
                                     Article 6
The equidae must be accompanied during transportation by a health certificate
conforming to Annex B. This certificate shall be drawn up during a period of
48 hours preceding their loading , in at least one of the official languages
of the country of destination . The duration of validity of the certificate
shall be 10 days . The certificate shall consist of a single sheet .
                                     Article 7
The rules laid down in Regulation ( EEC ) No               ^concerning veterinary
checks in intra-Community trade in view of the completing of the internal
market? shall apply , in particular with respect to the organization of and the
action to be taken following the checks carried out by the country of
destination , and the safeguard measures to be applied .
 ---pagebreak---                                          - 9 -
                                      Article 8
Commission veterinarians may , to the extent necessary to ensure uniform
application of this Regulation , carry out on -the -spot inspections . The
Commission shall inform the Member States of the outcome of such inspections .
The Member State in whose territory an inspection is carried out shall give
the veterinarians all the assistance necessary to carry out their task .
General rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 24 . A code of rules to be
followed during the inspections provided for in this Article shall be adopted
in accordance with the same procedure .
                                    CHAPTER III
                       RULES FOR IMPORTS FROM THIRD COUNTRIES
                                       Article 9
Equidae imported into the Community must satisfy the conditions laid down in
Articles 10 to 14 .
                                      Article 10
1 . The equidae must have originated in a third country, or part of a third country ,
    appearing on a list drawn up by the Commission in accordance with the
    procedure laid down in Article 24 . This list may be supplemented or amended
    in accordance with the same procedure .
2 . In deciding whether a third country, or part thereof, may appear on the list
    referred to in paragraph 1 , particular account shall be taken of :
    ( a) the state of health of the livestock , of other domestic animals and of
         wildlife in the third country , particular attention being paid to
         exotic animal diseases which might endanger the health of humans and
          livestock in the Member States ;
 ---pagebreak---                                            - 10 -
    (b)     the environmental health situation of the third country ;
    (c)     the regularity and rapidity of the information supplied by the third
            country relating to the existence of infectious or contagious animal
            diseases in its territory , in particular those   diseases mentioned in
            Lists A and B of the International Office of Epizootic Diseases ;
    (d)     the third country 's rules on animal disease prevention and control ;
    (e)     the structure of the veterinary services in the third country and their
            powers ;
    (f)     the organization and implementation of measures to prevent and control
          - infectious or contagious animal diseases ;
    < 8 ) the guarantees which the third country is able to give with regard to
            compliance with this Regulation .
                                         Article 11
1 . The equidae must come from third countries :
    ( a)    which have been free for two years from African horse sickness and
            equine encephalomyelitis ;
    (b)     which have been free for six months from dourine and glanders ;
    (c)      in which animals have not been vaccinated during the preceding two
            years against the diseases referred to under ( a ).
2 . The Commission may , in accordance with the procedure laid down in
    Article 24 , decide that the provisions of paragraph 1 shall apply only to a
    part of the territory of a third country .
 ---pagebreak---                                        - 11 -
                                     Article 12
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 for a period to be
determined in the decisions to be adopted pursuant to Article 13 .
                                     Article 13
Tie equidae must meet the animal health conditions laid down in accordance with
the procedure laid   down   in Article 24 . These conditions may vary according
to the species and the destination of the equidae .
                                     Article 14
1 . The equidae must be accompanied by a certificate drawn up by an official
    veterinarian of the exporting third country . This certificate must :
    ( a) be issued on the day of loading of the animals for dispatch to the
         country of destination ;
    (b)  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 provided for in Article 17 is carried out ;
    (c)  accompany the animals in the original ;
    (d)  attest that the equidae satisfy the requirements of this Regulation and
         those laid down pursuant to this Regulation with regard to importation
         from third countries ;
    (e)  consist of a single sheet ;
    (f)  be made out for a single consignée .
2 . The  certificate must comply with a model established in accordance with
    the procedure laid down in Article 24 .
 ---pagebreak---                                         - 12
                                      Article 15
On-the - spot inspections shall be carried out by veterinarians of the Member
States and the Commission to ensure that the provisions of this Regulation , in
particular Article 10 ( 2 ) thereof , are actually being applied .
The Member States’ veterinarians responsible for these inspections shall be
appointed by the Commission on proposals from the Member States .
The inspections shall be carried out on behalf of the Community , and the
latter shall bear the costs .
The frequency of the inspections and the inspection procedure shall be fixed
in accordance with the procedure laid down in Article 24 .
                                      Article 16
1 . The Commission may , in accordance with the procedure laid down in Article
    24 , decide that imports from a third country or part of a third country are
    to be confined to particular species , to equidae for slaughter , to equidae
    for breeding or production , to equidae for sporting events , to equidae
    admitted temporarily into Community territory , or to equidae intended for
    special purposes .
2 . The Commission may decide , in accordance with the procedure laid down in
    Article 24 , to apply, after importation, all necessary animal health measures
                                      Article Î7
1 . Equidae arriving in the customs territory of the Community shall be
    subjected to an animal health inspection carried out by an official
    veterinarian before being released for free circulation or placed
    under customs control .
2 . Equidae may not be imported if , during the inspection prescribed in
    paragraphe 1 , it is found that :
 ---pagebreak---                                          - 13 -
        the equidae do not come from the territory of a third country , or part
        thereof , included in the list drawn up in accordance with Article 10 ( 1 ),
    -   the equidae are , or are suspected of being , infected with or
        contaminated by an infectious or contagious disease ,
    - the conditions laid down in this Regulation have not been complied with
        by the exporting third country ,
    -   the certificate accompanying the animals does not comply with the
        conditions set out in Article 14 .
3 . During the inspection referred to in paragraph 1 , all the necessary
    measures shall be taken , including :
    (a) -    the placing in quarantine of equidae which are suspected of being
             infected with or contaminated by an infectious or contagious disease ,
         -   in the case referred to in the fourth indent of paragraph 2 , at the
             request of the consignor , the consignees or their representative , the
             keeping of the equidae under supervision pending clearance of the
             certificate ;
    (b)    the return of equidae which cannot be admitted provided that this is
           not contrary to considerations of animal health .
           Where it is not possible to return the equidae , the competent
           authority shall order their slaughter and designate the place of
           slaughter ;
    (c)    slaughter and destruction of all equidae in the consignment in
           question if the above-mentioned inspection shows evidence or suspicion
           of one of the epizootic diseases on the list established in accordance
          with the procedure laid down in Article 24 .
4 . The certificate accompanying equidae on importation must , following the
    animal health inspection , include a statement clearly indicating whether
    the animals have been admitted or refused entry .
 ---pagebreak---                                             14
  5 . While the equidae are being taken across Community territory to
      the Member State of destination , the Member States may implement the
      measures referred to in the first indent of paragraph 3(a ) and in
      paragraph 3(c ) if the equidae are , or are suspected of being , infected with
      or contaminated by an infectious or contagious disease .
  6 . Equidae which have obtained an import authorization and the destination of
      which is not the Member State which carried out the inspection laid down in
      paragraph 1 must be forwarded to the country of destination under customs
      supervision without being unloaded .
  7 . Equidae which have satisfied the inspection prescribed in paragraph 1 shall
      undergo any further inspections necessary in the Member State of destination in
      order to verify whether the requirements of this Regulation , including the
      special conditions defined pursuant to Articles 13 and 16 have been
      complied with .
  8 . All expenditure incurred pursuant to this Article , including the cost of
      the slaughter or destruction of animals , shall be chargeable to the
      consignor , the consignee or their representative without compensation by
      the Member State concerned .
                                       Article 18
  Immediately upon arrival in the country of destination , equidae for slaughter
  shall be taken directly to a slaughterhouse and , in accordance with animal
  health requirements , be slaughtered within a period of time specified in the
  decisions to be adopted pursuant to Article 13 .
  Without prejudice to any special conditions which may be adopted in accordance
  with the procedure laid down in Article 24 , the competent authority of the
  Member State of destination may , on animal health grounds , designate the
  slaughterhouse to which equidae must be taken .
I
 ---pagebreak---                                           15
                                     Article 19
1 . The Commission , in accordance with the procedure laid down in Article 24 ,
    shall fix the general conditions to which frontier inspection posts for the
    importation of equidae must conform .
2 . The Member States shall draw up and communicate to the Commission the lists
    of frontier inspection posts for the importation of equidae which conform
    to the conditions laid down under paragraph 1 .
3 . Veterinary experts shall verify that the facilities at the inspection posts
    comply with the conditions laid down pursuant to paragraph 1 and that
    inspections are carried out in accordance with this Regulation .
    Detailed rules for the application of this paragraph shall be adopted in
    accordance with the procedure laid down in Article 24 .
4 . All the expenditure incurred in connection with the application of
    paragraph 3 shall be borne by the Community .
                                     Article 20
1 . If an infectious or contagious animal disease likely to endanger the health
    of livestock in one of the Member States breaks out or spreads in a third
    country or if any other reason connected with animal health justifies it ,
    the Member State concerned or the Commission shall prohibit the importation
    of equidae , whether imported directly or indirectly through another Member
    State , from either the whole of the third country or part of its territory .
2 . Measures taken by the Member States under paragraph 1 , and notice of the
    repeal of such measures , must be communicated immediately to the other
    Member States and the Commission , together with the reasons therefor .
3 . In accordance with the procedure laid down in Article 25 , the measures
    referred to in paragraph 1 may be amended , in particular in order to ensure
    their coordination with measures adopted by the other Member States , or may
    be withdrawn .
 ---pagebreak---                                           - 16
4 . If the situation envisaged in paragraph 1 arises and if it appears
    necessary that other Member States should also apply the measures taken
    pursuant to that paragraph , amended where necessary in accordance with
    paragraph 3 , appropriate provisions shall be adopted in accordance
    with the procedure laid down in Article 25 .
5 . Resumption of importation from the third country concerned shall be
    authorized in accordance with the procedure      laid down in Article 25 .
                                        CHAPTER IV
                                    FINAL PROVISIONS
                                       Article 21
For the purposes of this Regulation , the territory of the Benelux Economic
Union shall be considered to be a single Member State .
                                       Article 22
The provisions of this Regulation shall be reexamined before 31 December 1991
in the framework of the proposals relating to the completion of the internal
market .
                                       Article 23
The Annexes to this Regulation shall be amended in accordance with the
procedure laid down in Article 24 .
                                       Article 24
1 . The Commission shall be assisted by the Standing Veterinary Committee
                                                                              1
    ( hereinafter " the Committee ") set up by Council Decision 68 / 361 / EEC .
2 . Where the procedure laid down in this Article is to be followed the
    provisions set out below shall apply .
10J No L 255, 18.10.1968, p. 23 .
 ---pagebreak---                                        - 17 -
3 . The representative of the Commission shall submit to the Committee a draft
    of the measures to be taken . The Committee shall deliver its opinion on the
    draft within a time-limit which the Chairman may lay down according to the
    urgency of the matter . The opinion shall be delivered by the majority laid
    down in Article 148(2 ) of the Treaty in the case of decisions which the
    Council is required to adopt on a proposal from the Commission . The votes
    of the representatives of the Member States within the Committee shall be
    weighted in the manner set out in that Article .   The Chairman shall not
    vote .
4 . The Commission shall adopt the measures envisaged if they are in accordance
    with the opinion of the Committee .
5 . If the measures envisaged are not in accordance with the opinion of the
    Committee , or if no opinion is delivered , the Commission shall , without
    delay , submit to the Council a proposal relating to the measures to be
    taken . The Council shall act by a qualified majority .
    If , on the expiry of a period of three months after the matter was referred
    to it , the Council has not acted , the proposed measures shall be adopted by
    the Commission .
                                     Article 25
1 . Where the procedure laid down in this Article is to be followed the
    provisions set out below shall apply .
2 . The representative of the Commission shall submit to the Committee a draft
    of the measures to be taken .  The Committee shall deliver its opinion on
    the draft within a time.-limit which the Chairman may lay down according to
    the urgency of the matter . The opinion shall be delivered by the majority
    laid down in Article 148(2 ) of the Treaty in the case of decisions which
    the Council is required to adopt on a proposal from the Commission . The
    votes of the representatives of the Member States within the Committee shall
    be weighted in the manner set out in that Article . The Chairman shall not
    vote .
3 . The Commission shall adopt the measures envisaged if they are in accordance
    with the opinion of the Committee .
 ---pagebreak---                                      - 18 -
4 . If the measures envisaged are not in accordance with the opinion of the
    Committee , or if no opinion is delivered , the Commission shall , without
    delay , submit to the Council a proposal relating to the measures to be
    taken . The Council shall act by a qualified majority .
5 . If , on the expiry of a period of 15 days after the matter was referred to
    it , the Council has not acted , the proposed measures shall be adopted by
    the Commission .
                                    Article 26
This Regulation shall enter into force on the 30th day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                          For the Council
 ---pagebreak---                                       - 19
ANNEX A
The following diseases are compulsorily notifiable
-  dourine
-  gl&nders
   equine encephalomyelitis ( of all types )
   infectious anaemia
-  rabies
   anthrax
 ---pagebreak---                                           - 20 -
ANNEX B
                                           MODEL
                                  HEALTH CERTIFICATS
                 for trade in equidae between Member States of the EEC
                                         EQUIDAE
                                                              No :
Exporting country : .
Responsible Ministry : .
Responsible department : .
I.    NUMBER OF EQUIDAE : .
II . IDENTIFICATION OF EQUIDAE
      : Number of equidae     Mare , stallion        Official marks , other marks or :
                              gelding , foal         brands ( 1 )                      :
                                                     No of identity pass(es ) ....( 1 ):
III . ORIGIN AND DESTINATION OF ANIMALS
      The animals will be sent from : . .
                                                         ( Place of loading )
      to
                                            ( Member State and place of destination )
( 1 ) An identity pass may be attached to this certificate providing its number
      is stated .
 ---pagebreak---                                            21 -
Name and address of consignor :
Name and address of consignee :
IV . HEALTH INFORMATION
     I , the undersigned , certify that the equidae described above meet the
     following requirements :
     ( a ) they have today been examined , and show no clinical sign of disease .
     ( b ) they are not intended for slaughter under a national programme of
           contagious or infectious disease eradication .
     ( c ) they have not been obtained 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 for the periods of time set out in Article 4 ( 5)(b ) of
           Regulation ( EEC ) No
     ( d ) to the best of my knowledge , they have not been in contact with
           equidae suffering from an infectious or contagious disease in the IS
           days prior to loading .
 ---pagebreak---                                        - 22 -
V.  This certificate is valid for 10 days .
Done at . . on
                     STAMP
                                               ( Signature )
                                               ( Name in block letters and title
                                               of signing veterinarian ( 2 )
(2)   In Germany "Beamteter Tierarzt "; in Belgium " Inspecteur vétérinaire" or
      " Inspecteur Dierenarts "; in France "Directeur des services vétérinaires
      du département"; in Italy "Veterinario provinciale” ; in Luxembourg
      " Inspecteur vétérinaire"; in the Netherlands " Inspecteur-Districthoofd";
      in Denmark "Autoriseret Drylaege"; in Ireland "Veterinary Inspector"; in
      the United Kingdom "Veterinary Inspector"; in Greece " . ";
      in Spain "Inspector Veterinario” and in Portugal "Inspector veterinario"
 ---pagebreak---                                                              - Z^                      "
       FINANCIAL STATEMENT               concerning :                            ‘                                 I
      Draft Council Regulation on animal health conditions governing i n t ro–Comnun i t y trade                    I
       in and import from third countries of live equidae                                                           ;
      _                                                                                                             I
     I.             heading
          Budget head    i ng :          IItem
                                           tam ::                                  Title :.                         !
                                                                                                                     I
             III
             III BB                      382
                                         382                                       Inspect ioninAg
                                                                                   Inspection         ri culture
                                                                                                 in Agriculture  -   |
                                                  ;                                                                  I
                                                                                                                      I
      _                                                                                                            J
     2.   Leaal basis :                                                                                               I
            Article 43 of the Treaty
I 3.      Classification :                               Tfriry .<■ ixp mm4 ^Wte/Non-compu l to ry expenditure
i
     4.   Purpose /description of the measure ;
            Verification of the i’.p i omentat i on of the Regulation
  I 5.    Method of calculation
  I
  I 5.1 Form of e^enditure :              Mission expenses
     5.2 Community cont r i but i on :    10OX
     5.3 Calculation :          200 days of mission per year ot 170 ECJ per day
                                ( actual cost of slaughterhouse visit . 170 ECU per day )
   I                            » 34 000 ECSJ per yecr
      6.   Financial    implication as regards operating appropriations
      6.1 Schedule of appropriations (m ECU)
                                           Tear
                                           1991                              C.034
                                           1992                              0.034
                                           1993                              0.034
                                           1994                              0.034
                                           1995                              0,034
                                           foi lowing years
                                                                                                                        I
                                           Total                             0.170
      6.2 Financing during current year :           None
                                                                                                                         t
                                                                                                   »                     I
                                                                                                                         I
      7.   Observations :                                                                                                I
                                                                                                                          I
                                                                                                                          I
                                                                                                                         I
 ---pagebreak---                                          23
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
           on the zootechnical and genealogical conditions governing
                         intra-Community trade in equidae
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas equidae , being live animals , are included in the list of products in
Annex II to the Treaty ;
Whereas in order to ensure the rational development of equidae production ,
thereby increasing productivity in that sector , rules governing the marketing
of equidae in intra-Community trade must be laid down at Community level ;
Whereas the breeding and rearing of equidae and in particular of horses is
generally included in the farming sector ; whereas it constitutes a source of
income for part of the farming population and should therefore be encouraged ;
Whereas satisfactory results in that respect depend largely on the use of
equidae registered in stud books maintained by officially approved
organizations or associations ;
Whereas disparities exist as regards entry in studbooks ; whereas those
disparities constitute a barrier to trade within the Community ; whereas
complete liberalization of trade calls for further harmonization , particularly
regarding entry in studbooks :
 ---pagebreak---                                           24
Whereas intra-Community trade in registered equidae should be progressively
liberalized ; whereas complete liberalization of trade requires further
additional harmonization , in particular as regards approval for the purpose of
off-farm mating and the use of semen and ova ;
Whereas it is necessary to draw up , in accordance with a Community procedure ,
a harmonized model zootechnical origin and identification certificate ;
Whereas the name of an animal is an essential factor in identifiying equidae ;
whereas it is often impossible to trace an animal 's descent and monitor its
progress if its name is changed at a new owner 's request ; whereas the rules
regarding the naming of equidae should be harmonized , in particular in order
to prevent unfair practices ;
Whereas provisions should be introduced preventing equidae from third
countries from being imported on terms which are less stringent than     those
applicable within the Community ;
Whereas it is advisable to adopt implementing measures regarding certain
technical aspects ; whereas , for the purposes of the measures envisaged , provision
should be made for close and effective cooperation between Member States and the
Commission within the Standing Committee on Zootechnics ,
HAS ADOPTED THIS REGULATION :
                                      CHAPTER I
                                 GENERAL PROVISIONS
                                      Article 1
1 . This Regulation lays down the zootechnical and genealogical conditions
    governing intra-Community trade in equidae , their semen , ova and embryos .
 ---pagebreak---                                            - 25 -
2 . Pending the entry into force of the relevant Community provisions , national
     rules on animal health shall apply in respect of intra-Community trade in
     equidae , their semen , ova and embryos , provided they comply with the
     general provisions of the Treaty .
                                         Article 2
For the purposes of this Regulation :
( a)    " equidae " means domestic animals of        the  equine    or
        asinine species or crossbreeds thereof ;
(b)     " registered equidae " means     equidae ,   thoroughbred      or
        otherwise , the parents of which are entered in a studbook , and which are
        themselves entered or registered and eligible for entry in a studbook ;
(c)     " registered breeding equidae "       means   registered     male     or
        female equidae intended for breeding ;
(d)     " studbook "    means   any   book ,   register ,  file     or    data   medium
        - which is maintained either by a breeders' organization or an association
           officially approved by at least one Member State or by an official
           agency of a Member State ,
           and ,
        - in which equidae are entered or registered with mention of all their
           known ascendants .
(e)     " zootechnical certificate of origin and identification'* means
        the      certificate   referred    to   in   Article    8 , drawn up by the
        officially approved organization or association or by the official
        agency , stating in particular , as the case may be , the identity and the
        origin of the registered animal and its entry in a studbook or similar
        data on registered equidae from which the semen , ova or embryos are
        obtained .
                                         Article 3
 Intra-Community trade in equidae and their semen , ova and embryos may not
 be prohibited or restricted on zootechnical or genealogical grounds .
 However , in the case of intra-Community trade in registered equidae , their
 semen , ova and embryos , Member States shall be authorized to maintain in
 force any          of their national provisions which comply with the general
 rules of the Treaty , pending the entry into force of the relevant Community
 decisions referred to in Articles 4 , 7 and 8 .
 ---pagebreak---                                            26
                                       CHAPTER II
                  GENEALOGICAL RULES RELATING TO REGISTERED EQUIDAE
                                       Article 4
The Commission shall , in accordance with the procedure laid down in
Article 11 , determine the criteria for :
( a)    the identification of registered equidae ;
(b)     the approval of organizations and associations which maintain or
        establish studbooks ;
(c)     entry and registration in studbooks .
                                       Article 5
Member States shall notify the Commission and the other Member States of the
organizations and associations which are approved for the purpose of
maintaining or establishing studbooks and which meet the criteria determined
in accordance with     Article 4(b ).
                                       Article 6
1 . In intra-Community trade , equidae which are registered in the Member State
     of dispatch must be registered or entered in the studbook of the Member
     State of destination under the same name .
2 . Where the constitution of the organizations or associations so permits , the
     name of a sponsor may be used on a provisional or permanent basis ,
     provided that , throughout the animal 's life , the new name is always
     followed by the original name in brackets and that its country of birth is
     given .
 ---pagebreak---                                           27
                                      CHAPTER III
                  ZOOTECHNICAL RULES RELATING TO REGISTERED EQUIDAE
                                       Article 7
The Commission shall , in accordance with the procedure laid down in
Article 11 , determine :
(a)     the general criteria for the approval of registered breeding equidae for
        the purpose of off-farm mating ;
(b)     the methods for monitoring the performance of registered breeding
        equidae ;
(c)     the criteria for approval of registered breeding equidae for the purpose
        of using their semen , ova or embryos .
                                       Article 8
In intra-Community trade registered equidae and their semen , ova and embryos
must be accompanied by a zootechnical certificate of origin and identification
conforming to a model drawn up by the Commission in accordance with the
procedure laid down in Article 11 .
                                       CHAPTER IV
                                   FINAL PROVISIONS
                                       Article 9
Until the implementation of the relevant Community rules the conditions
applicable to imports of equidae and their semen , ova and embryos from third
countries must not be more favourable than those governing intra-Community
trade .
 ---pagebreak---                                             - 28 -
                                         Artide 10
The Commission shall be assisted |?y the Standing Committee on Zootechnics
                                                                                            1
 ( hereinafter ref erred to as " the Committee ") set up by Counci l Decision 77 / 505 / EEC .
                                          Article 11
Where the procedure laid down in this Article is to be used , the following
 rules shall apply .
The    representative    of   the   Commission    shall    submit     to   the
Committee a draft of the measures to be taken .          The Committee shall deliver
 its opinion on the draft within a time-limit which the Chairman may lay
down according to the urgency of the matter , if necessary by taking a vote .
The opinion shall be recorded in the minutes ;          in addition , each Member State
shall have the right to ask to have its position recorded in the minutes .
The Commission shall take the utmost account of the opinion delivered by the
Committee . It shall inform the Committee of the manner in which its opinion
has been taken into account .
                                         Article 12
This Regulation shall enter into force on the 30th day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                     For the Council
1 0J No L 206, 12.8.1977, p. 11 .
 ---pagebreak---                                        - 29
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
          on intra-Community trade in equidae intended for participation
                                 in compétitions
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas equidae , being live animals , are included in the list of products in
Annex II to the Treaty ;
Whereas in order to ensure the rational development of equidae production ,
thereby increasing productivity in the sector , rules governing intra-Community
trade in equidae intended for participation in competitions must be laid down
at Community level ;
Whereas the breeding and rearing of equidae and in particular of horses is
generally included in the farming sector ; whereas it constitutes a source of
income for part of the farming population ;
Whereas there are disparities as regards the rules of competitions in the
Community ; whereas those disparities constitute a barrier to intra-Community
trade ;
Whereas , in order to remove those disparities and thereby contribute to
increasing agricultural productivity in the sector , intra-Community trade
should be liberalized ;
 ---pagebreak---                                           30 -
Whereas it is advisable to adopt implementing measures regarding certain
technical aspects ; whereas , for the purposes of the planned measures ,
provision should be made for close and effective cooperation between Member
States and the Commission within the Standing Committee on Zootechnics ,
HAS ADOPTED THIS REGULATION :
                                      Article 1
ïhis Régulation concerna intra-Community trade in equidae intended for
participation in compétitions .
                                      Article 2
For the purposes of this Regulation , the definitions set out in Article 2 of
Council Regulation ( EEC ) No         of          /_on the zootechnica l and genea logi ca l
                                                                        1
conditions governing intra-Communlty trade in equidae? shall apply ; furthermore ,
" competition " means any equestrian competition , including horse racing , show-
jumping , eventing , dressage and events reserved for horse-drawn vehicles .
                                      Article 3
1 . The rules of competitions may not discriminate between equidae which are
    registered in the Member State in which the competition is being held and
    equidae registered in another Member State .
2 . The rules of competitions may not discriminate between equidae originating
    in the Member State in which the competition is being held and equidae
    originating in another Member State .
T
 ---pagebreak---                                          - 31 -
                                       Article 4
1 . The obligations set out in Article 3 shall apply in particular to :
    ( a)  the requirements for entering the competition , in particular the
          minimum or maximum requirements ;
    (b)   the judging of the compétition ,
    (c)   the prize money or profits which may accrue from the competition .
2 . In accordance with the general rules of the Treaty , these obligations shall
    not , however , affect the possibility of arranging :
    (a)   competitions reserved for equidae registered in a studbook for the
          purpose of permitting the improvement of the breed ,
    (b)   regional competitions with a view to selecting equidae .
    Member States intending to avail themselves of these possibilities shall
    inform the Commission thereof beforehand .
3 . The detailed rules for the application of this Article and in particular
    the conditions to be complied with by the competitions referred to in
    paragraph 2 shall be adopted in accordance with the procedure laid down in
    Article 7 .
                                       Article 5
1 . Until relevant decisions are adopted pursuant to Article 4 of Council
    Regulation No          , the grounds on which an animal registered in a
    Member State is refused entry to a competition must be communicated in
    writing to the owner or his agent .
2 . In the circumstances described in paragraph 1 the owner or his agent may
    ask for an expert opinion . The expert in question must be a national of a
    Member State which is neither the country in which the competition is being
    held nor the registered animal 's country of origin .
3 . The Commission shall , in accordance with the procedure laid down in
    Article 7 , draw up a list of experts and adopt rules for the application on
    this Article .
 ---pagebreak---                                           - 32 -
                                         Article 6
 The Commission shall be assisted by the Standing Committee on Zootechnics ,
                                                                                        1
 hereinafter referred to as " the Committee " set up by Counci l Decision 77 / 505 / EEC .
                                         Article 7
 Where the procedure laid down in this Article is to be used , the following
 rules shall apply .
The     representative   of     the    Commission     shall     submit   to      the
 Committee a draft of the measures to be taken .       The Committee shall deliver
 its ooinion on the draft within a time-limit which the Chairman may lay down
according to the urgency of the matter , if necessary by taking a vote .
 The opinion shall be recorded in the minutes ; in addition , each Member State
 shall have the right to ask to have its position recorded in the minutes .
 The Commission shall take the utmost account of the opinion delivered by the
 Committee .  It shall inform the Committee of the manner in which its opinion
 has been taken into account .
                                         Article 8
 This Regulation shall enter into force on the 30th day following that of its
 publication in the Official Journal of the European Communities .
 This Regulation shall be binding in its entirety and directly applicable in
 all Member States .
 Done at Brussels ,                                          For the Council
1 0J No L 206, 12.8.1977, p. 11 .
 ---pagebreak---                                                                                                  eu
                                                      33                           Task Force PME
                                  FICHE 0' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
           I.      Quelle est la justification principale de la mesure ?
                    L' objectif de ces propositions de réglement du Consei l est de fixer au niveau
                    communautaire des règles sanitai.res zootechniques et généalogiques lors de la
                    commercialisation des équidés dans la Communauté .        Elles prévoient également
l'élimination       des disparités relatives au.x règles des. concours .
                 Caractéristiques des entreprises concernées .        En particulier :
                 Ca ). Y a - t - il un grand nombre de PME ?
                                               Activité agricole
                 (b)     Note - t -on des concentrations dans des régions
                         i . éligibles aux aides régionales des Etats membres ?
                                               Néant
                        ii . éligibles au Feder ?
                                               Néant
            III . Quelles sont les obligations imposées directement aux entreprises ?
                                               Néant
            IV . Quelles sont tes obligations suceptibles d' être imposées indirectement
                  aux entreprises via les autorités locales ?
                                               Réglementation sanitaire
            V.    Y a - t - il des mesures spéciales pour les PME ?                 Lequelles ?
                                                Néant
            VI . Quel est l' effet prévisible
                  a)     sur la compétitivité des entreprises ?
                                                Néant
                  b)     sur l' emploi ?
                                                Néant
             VII . Les partenaires sociaux ont -ils été consultés .                   Quels sont leurs
                     avis ?
                                                Néant
 ---pagebreak---                                               - 3H-
                                                                     ISSN 0254-1475
                                                              COM (89) 503 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-89-475-EN-C
                                                             ISBN 92-77-53906-2
Office for Official Publications of the European Communities
L-2985 Luxembourg