CELEX: 51992FC0035
Language: en
Date: 2006-11-29
Title: Proposal for a Council Directive …/…/EC of […] laying down control rules and measures to combat African horse sickness (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2005) XXX

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                     laying down control rules and measures to combat African horse sickness

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    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.

2.    On 1 April 1987 the Commission therefore decided[1] 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.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       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.

4.    The purpose of this proposal is to undertake a codification of Council Directive 92/35/EEC of 29 April 1992 laying down control  rules  and
       measures to combat African horse sickness[3]. The new Directive will supersede the various acts incorporated in it[4]; 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.

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

                                            ê 92/35/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                     laying down control rules and measures to combat African horse sickness

                                                            (Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article Ö 37 Õ thereof,

Having regard to the proposal from the Commission[5],

Having regard to the opinion of the European Parliament[6],

Having regard to the opinion of the European Economic and Social Committee[7],

Whereas:

                                            ê .

   1) Council Directive 92/35/EEC of 29 April 1992 laying down  control  rules  and  measures  to  combat  African  horse  sickness[8]  has  been
      substantially amended several times[9]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 92/35/EEC recital 1 (adapted)

   2) Council Directive 90/426/EEC of 26 June 1990 on animal health conditions  governing  the  movement  and  import  from  third  countries  of
      equidae[10] seeks to liberalize the movement of equidae on Community territory. Community measures should be introduced to harmonize  rules
      for controlling and measures to combat African horse sickness.

                                            ê 92/35/EEC recital 2

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

                                            ê 92/35/EEC recital 3

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

                                            ê 92/35/EEC recital 4

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

                                            ê 92/35/EEC recital 5

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

                                            ê 92/35/EEC recital 6

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

                                            ê 92/35/EEC recital 7

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

                                            ê 92/35/EEC recital 8

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

                                            ê 92/35/EEC recital 9

  10) Article 3 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field[11] applies in the event of the  occurrence
      of African horse sickness.

                                            ê .

  11) The measures necessary for the implementation of this Directive should be adopted in accordance with Council  Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[12].

                                            ê .

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

                                            ê 92/35/EEC

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

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

                                                                    Article 2

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

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

Furthermore:

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

                                            ê 92/35/EEC (adapted)

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

                                            ê 92/35/EEC

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

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

(e)   official veterinarian means the veterinarian appointed by the competent authority.

                                                                    Article 3

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

                                                                    Article 4

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

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

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

(b)   initiate:

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

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

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

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

       (i)  examine each equid kept there;

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

(d)   ensure that:

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

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

       (iii)      appropriate means of eradicating insects are employed in and around the buildings housing the equidae;

                                            ê 92/35/EEC (adapted)

       (iv) the carcases of equidae which have died on the holding are destroyed, disposed of, burnt or buried in  accordance  with  Ö Regulation
           (EC) No 1774/2002 of the European Parliament and of the Council Õ [13]

                                            ê 92/35/EEC

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

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

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

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

                                                                    Article 5

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

                                                                    Article 6

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

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

(b)   shall arrange for the destruction, disposal, burning or burial of the carcases of the aforesaid equidae in accordance with Regulation  (EC)
       No 1774/2002 and/or;

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

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

(e)   carry out an epizootiological enquiry in accordance with Article 7.

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

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

                                                                    Article 7

1. The epizootiological inquiry shall cover:

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

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

(c)   the presence and distribution of disease vectors ;

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

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

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

                                                                    Article 8

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

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

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

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

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

(a)   their geographical situation and ecological factors ;

(b)   the meteorological conditions ;

(c)   the presence and distribution of the vector ;

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

(e)   the results of the laboratory examinations ;

(f)   the application of the control measures, in particular the insect eradication measures.

                                                                    Article 9

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

(a)   all holdings containing equidae within the zone are identified;

(b)   the official veterinarian conducts:

       (i)  periodic visits to all holdings containing equidae ;

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

(c)   equidae leave the holding on which they are kept only for transport directly under  official  supervision  for  emergency  slaughter  to  a
       slaughterhouse located in that zone or, if that zone has no slaughterhouse, to a slaughterhouse in the surveillance zone designated by the
       competent authority.

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

                                                                    Article 10

Member States shall ensure that:

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

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

                                                                    Article 11

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

However, notwithstanding Articles 9(1)(c) and 10(a)

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

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

       (i)  equidae shall:

              – undergo a prior official check,

              – require identification, and

              – be accompanied by an official document;

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

                                            ê 92/35/EEC (adapted)

       (iii)      Member State shall inform the Commission within the Ö Standing Committee on the Food Chain  and  Animal  Health Õ  on  measures
           taken in this field.

                                            ê 92/35/EEC

                                                                    Article 12

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

                                                                    Article 13

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

                                                                    Article 14

1. In each Member State, a national laboratory shall be designated to carry out the laboratory examinations stipulated in this  Directive.  These
national laboratories and their powers and duties are listed in Annex I to this Directive.

2. The national laboratories listed in Annex I shall liaise with the Community reference laboratory referred to in Article 15.

                                                                    Article 15

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

                                                                    Article 16

Experts from the Commission may, in so far as is necessary for the uniform application of this Directive and in cooperation  with  the  competent
authorities, make on-site checks. To this end they may, by inspecting a representative percentage  of  holdings,  verify  whether  the  competent
authorities are monitoring compliance with the provisions of this Directive. The Commission shall inform the Member States of the results of  the
checks carried out.

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

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

                                                                    Article 17

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

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

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

Plans drawn up in accordance with these criteria shall be submitted to the Commission not later than three  months  after  this  Directive  takes
effect.

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

The Commission shall approve the plans, if necessary amended, in accordance with the procedures referred to in Article 19.

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

                                                                    Article 18

The Annexes shall be amended by the Council, acting on a proposal from the Commission.

                                            ê 806/2003 Art. 3 and Annex III pt. 29

                                                                    Article 19

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant  to  Article 58  of  Regulation
(EC) No 178/2002 of the European Parliament and of the Council[14].

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

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

3. The Committee shall adopt its Rules of Procedure.

                                            ê 92/35/EEC (adapted)

                                            ê .

                                                                    Article 20

Directive 92/35/EEC, as amended by the Acts listed in Annex V, 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 C.

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

                                                                    Article 21

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

                                            ê 92/35/EEC

                                                                    Article 22

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 92/35/EEC (adapted)

                                                                     ANNEX I

                                          A.    LIST OF NATIONAL LABORATORIES FOR AFRICAN HORSE SICKNESS

|Ö Member State where laboratory is        |Ö Laboratory Õ                                                   |Ö Member States using the |
|situated Õ                                |                                                                 |services of laboratory Õ  |
|Ö ISO-code Õ     |Ö Name Õ                |                                                                 |                          |
|AT               |Austria                 |Ö Österreichische Agentur für Gesundheit und Ernährungssicherheit|Austria                   |
|                 |                        |Mödling Institut für veterinärmedizinische Untersuchungen        |                          |
|                 |                        |Standort Hetzendorf, Emil-Behring-Weg 1120 Wien Õ                |                          |
|BE               |Belgium                 |Centre d’Etude et de Recherches Vétérinaires et Agrochimiques    |Belgium                   |
|                 |                        |(CERVA) Groeselenberg 99, 1180 Bruxelles                         |                          |
|                 |                        |Centrum voor Onderzoek in Diergeneeskunde en Agrochemie (CODA)   |                          |
|                 |                        |Groeselenberg 99, 1180 Brussel                                   |                          |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|CY               |Cyprus                  |Εργαστήριο Αναφοράς για τις Ασθένειες των Ζώων, Κτηνιατρικές     |Cyprus                    |
|                 |                        |Υπηρεσίες,                                                       |                          |
|                 |                        |1417 Λευκωσία                                                    |                          |
|                 |                        |(National Reference Laboratory for Animal Health Veterinary      |                          |
|                 |                        |Services, CY-1417 Nicosia)                                       |                          |

                                            ê 92/35/EEC (adapted)
|DE               |Germany                 |Ö Friedrich-Loeffler-Institut                                    |Germany                   |
|                 |                        |Bundesforschungsinstitut für Tiergesundheit,                     |                          |
|                 |                        |Boddenblick 5a                                                   |                          |
|                 |                        |17498 Greifswald - Insel Riems Õ                                 |                          |
|DK               |Denmark                 |Statens Veterinaere Institut for Virusforskning,                 |Denmark                   |
|                 |                        |Lindholm, 4771 Kalvehave                                         |Ö Finland Õ               |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381 (adapted)

                                            ê 92/35/EEC
|ES               |Spain                   |Laboratorio Central de Veterinaria ,                             |Spain                     |
|                 |                        |Ministerio de Agricultura, Pesca y Alimentación,                 |                          |
|                 |                        |Ctra. De Algete, km 8                                            |                          |
|                 |                        |28110 Algete, Madrid                                             |                          |
|FR               |France                  |Agence Française de Sécurité Sanitaire des Aliments (AFSSA) –    |France                    |
|                 |                        |site de Maisons-Alfort, Laboratoire d’études et de recherches en |                          |
|                 |                        |pathologie animale et zoonoses, 22, rue Pierre Curie, 94703      |                          |
|                 |                        |MAISONS-ALFORT CEDEX                                             |                          |

                                            ê 92/35/EEC (adapted)
|GB               |United Kingdom          |Institute for Animal Health, Ash Road, Pirbright, Woking, Surrey |United Kingdom            |
|                 |                        |GU24 ONF                                                         |Ö Malta                   |
|                 |                        |                                                                 |Czech Republic            |
|                 |                        |                                                                 |Slovak Republic Õ         |

                                            ê 92/35/EEC
|GR               |Greece                  |Institut de fièvre aphteuse et des maladies exotiques du Centre  |Greece                    |
|                 |                        |des Instituts Vétérinaires d'Athènes,                            |                          |
|                 |                        |Rue Neapoleos 25, KA 15 310 Aghia Paraskevi, Athens              |                          |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|HU               |Hungary                 |Országos Állategészségügyi Intézet (OÁI), Pf. 2., Tábornok u. 2.,|Hungary                   |
|                 |                        |HU-1581 Budapest                                                 |                          |

                                            ê 92/35/EEC
|IE               |Ireland                 |Central Veterinary Research Laboratory,                          |Ireland                   |
|                 |                        |Department of Agriculture and Food,                              |                          |
|                 |                        |Abbotstown, Castleknock, Dublin                                  |                          |
|IT               |Italy                   |Istituto Zooprofilattico Sperimentale dell'Abruzzo e del Molise, |Italy                     |
|                 |                        |Via Campo Boario, Teramo                                         |                          |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|LT               |Lithuania               |Nacionalinė veterinarijos laboratorija,                          |Lithuania                 |
|                 |                        |J. Kairiūkščio g. 10, LT-2021 Vilnius                            |                          |

                                            ê 92/35/EEC
|LU               |Luxembourg              |Laboratoire de Médecine Vétérinaire de l'État, 54, Avenue Gaston |Luxembourg                |
|                 |                        |Diderich, L-Luxembourg                                           |                          |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|LV               |Latvia                  |Valsts veterinārmedicīnas diagnostikas centrs, Lejupes iela 3,   |Latvia                    |
|                 |                        |LV-1076 Rīga                                                     |                          |

                                            ê 92/35/EEC
|NL               |Netherlands             |CIDC-Lelystad                                                    |Netherlands               |
|                 |                        |Central Institute for Animal Disease Control                     |                          |
|                 |                        |Lelystad                                                         |                          |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|PL               |Poland                  |Laboratorium Zakładu Wirusologii Państwowego Instytutu           |Poland                    |
|                 |                        |Weterynaryjnego,                                                 |                          |
|                 |                        |Al. Partyzantów 57, PL-24-100 Puławy                             |                          |

                                            ê 92/35/EEC
|PT               |Portugal                |Laboratório Nacional de Investigação Veterinária, Estrada de     |Portugal                  |
|                 |                        |Benfica No 701, 1549-011 , Lisboa                                |                          |

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 132
|SE               |Sweden                  |Statens veterinärmedicinska anstalt, Uppsala                     |Sweden                    |

                                            ê 2003 Act of Accession Art. 20 and Annex II, p. 381
|SI               |Slovenia                |Nacionalni veterinarski inštitut,                                |Slovenia                  |
|                 |                        |Gerbičeva 60, SI-1000 Ljubljana                                  |                          |

                                            ê 92/35/EEC

                                B.    FUNCTIONS AND DUTIES OF THE NATIONAL LABORATORIES FOR AFRICAN HORSE SICKNESS

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

(a)   may provide diagnostic reagents to diagnostic laboratories requesting them;

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

(c)   will arrange comparative tests periodically;

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

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

                                                                    _________

                                                                     ANNEX II

                                                          COMMUNITY REFERENCE LABORATORY

Laboratorio Central de Veterinaria ,

Ministerio de Agricultura, Pesca y Alimentación,

Ctra. De Algente, km 8

28110 Algete, Madrid — España.

                                                                    _________

                                                                    ANNEX III

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

The Community reference laboratory has the following functions and duties:

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

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

       (b)  supplying standard sera and other reference reagents to the national reference laboratories in order to  standardize  the  tests  and
           reagents used in each Member State;

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

       (d)  organizing periodical comparative tests of diagnostic procedures at Community level;

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

       (f)  characterizing isolates of African horse sickness by the most up-to-date methods available to  allow  greater  understanding  of  the
           epizootiology of African horse sickness;

       (g)  monitoring developments in African horse sickness surveillance, epizootiology and prevention throughout the world;

2.    to assist actively in the diagnosis of African horse sickness outbreaks in Member States  by  receiving  virus  isolates  for  confirmatory
       diagnosis, characterization and epizootiologial studies;

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

                                            ê 92/35/EEC (adapted)

4.    to carry out a mutual and reciprocal exchange of information with the world  laboratory  for  African  horse  sickness  designated  by  the
       Ö World Organization for Animal Health Õ , in particular with regard to developments in  the  world  situation  concerning  African  horse
       sickness.

                                                                    __________

                                            ê 92/35/EEC

                                                                     ANNEX IV

                                                          CRITERIA FOR CONTINGENCY PLANS

Contingency plans shall meet at least the following criteria:

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

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

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

4.    each local disease control centre must be able to contact rapidly persons/organizations which are directly or  indirectly  involved  in  an
       outbreak;

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

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

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

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

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

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

                                                                    _________

                                            é

                                                                     ANNEX V

                                                                      Part A

                                                      Repealed Directive with its amendment
                                                           (referred to in Article 20)

|Council Directive 92/35/EEC                                                   |(OJ L 157, 10.6.1992, p. 19)                         |
|Council Regulation (EC) No 806/2003                                          |(OJ L 122, 16.5.2003, p. 1)                           |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                           (referred to in Article 20)

1994 Act of Accession

2003 Act of Accession

                                                                      Part C

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

|Directive                                                            |Time-limit for transposition                                         |
|92/35/EEC                                                            |31 December 1992                                                     |

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Directive 92/35/EEC                                                  |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2                                                            |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 6                                                            |Article 6                                                            |
|Article 7(1), first indent                                           |Article 7(1)(a)                                                      |
|Article 7(1), second indent                                          |Article 7(1)(b)                                                      |
|Article 7(1), third indent                                           |Article 7(1)(c)                                                      |
|Article 7(1), fourth indent                                          |Article 7(1)(d)                                                      |
|Article 7(2)                                                         |Article 7(2)                                                         |
|Article 8(1)                                                         |Article 8(1)                                                         |
|Article 8(2)(a)                                                      |Article 8(2)                                                         |
|Article 8(2)(b)                                                      |Article 8(3)                                                         |
|Article 8(2)(c)                                                      |Article 8(4)                                                         |
|Article 8(3), introductory phrase                                    |Article 8(5), introductory phrase                                    |
|Article 8(3), first indent                                           |Article 8(5)(a)                                                      |
|Article 8(3), second indent                                          |Article 8(5)(b)                                                      |
|Article 8(3), third indent                                           |Article 8(5)(c)                                                      |
|Article 8(3), fourth indent                                          |Article 8(5)(d)                                                      |
|Article 8(3), fifth indent                                           |Article 8(5)(e)                                                      |
|Article 8(3), sixth indent                                           |Article 8(5)(f)                                                      |
|Article 9(1)(a)                                                      |Article 9(1)(a)                                                      |
|Article 9(1)(b), first indent                                        |Article 9(1)(b)(i)                                                   |
|Article 9(1)(b), second indent                                       |Article 9(1)(b)(ii)                                                  |
|Article 9(1)(c)                                                      |Article 9(1)(c)                                                      |
|Article 9(2)                                                         |Article 9(2)                                                         |
|Article 10, introductory words                                       |Article 10, introductory words                                       |
|Article 10(1)                                                        |Article 10(a)                                                        |
|Article 10(2)                                                        |Article 10(b)                                                        |
|Article 11                                                           |Article 11                                                           |
|Article 12                                                           |Article 12                                                           |
|Article 13                                                           |Article 13                                                           |
|Article 14                                                           |Article 14                                                           |
|Article 15                                                           |Article 15                                                           |
|Article 16                                                           |Article 16                                                           |
|Article 17                                                           |Article 17                                                           |
|Article 18                                                           |Article 18                                                           |
|Article 19                                                           |Article 19                                                           |
|Article 20                                                           |_______                                                              |
|Article 21                                                           |_______                                                              |
|_______                                                              |Article 20                                                           |
|_______                                                              |Article 21                                                           |
|Article 22                                                           |Article 22                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|Annex III                                                            |Annex III                                                            |
|Annex IV                                                             |Annex IV                                                             |
|________                                                             |Annex V                                                              |
|________                                                             |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   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.
[4]   Annex V, Parts A and B of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ C
[8]   OJ L 157, 10.6.1992, p. 19. Directive as last amended by the 2003 Act of Accession.
[9]   See Annex V, Parts A and B.
[10]  OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).
[11]  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and  of  the  Council  (OJ  L  325,
      12.12.2003, p. 31).
[12]  OJ L 184, 17.7.1999, p. 23.
[13]   Ö OJ L 273, 10.10.2002, p. 1. Õ
[14]  OJ L 31, 1.2.2002, p. 1.