CELEX: 51990FC0426
Language: en
Date: 2008-09-23
Title: Proposal for a Council Directive …/…/EC of […] on animal health conditions governing the movement and importation from third countries of equidae (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM (2008)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

                                                                (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 90/426/EEC of 26 June 1990  on  animal  health  conditions
       governing the movement and import from third countries of equidae[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 90/426/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex VI to the codified Directive.

                                            ê 90/426/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

                                                            (Text with EEA relevance)
                                                                (Codified version)

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,

Having regard to the opinion of the European Parliament[5],

Whereas:

                                            ê .

   1) Council Directive 90/426/EEC of 26 June 1990 on animal health conditions  governing  the  movement  and  import  from  third  countries  of
      equidae[6] has been substantially amended several times[7]. In the interests of clarity  and  rationality  the  said  Directive  should  be
      codified.

                                            ê 90/426/EEC Recital 1 (adapted)

   2) Equidae, being live animals, are included in the list of products in Annex Ö I Õ to the Treaty.

                                            ê 90/426/EEC Recital 2 (adapted)

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

                                            ê 90/426/EEC Recital 3

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

                                            ê 90/426/EEC Recital 4

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

                                            ê 90/426/EEC Recital 5 (adapted)

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

                                            ê 90/426/EEC Recital 6

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

                                            ê 90/426/EEC Recital 7 (adapted)

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

                                            ê 90/426/EEC Recital 8 (adapted)

   9) The transport conditions should be laid down for the same reasons Ö taking into account the animal welfare conditions laid down in  Council
      Regulation (EC) No 1/2005[8] Õ .

                                            ê 90/426/EEC Recital 9 (adapted)

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

                                            ê 90/426/EEC Recital 10 (adapted)

  11) The organisation of and the follow-up to the checks to be carried out by the Member State of destination and the safeguard measures  to  be
      implemented Ö have been laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks  applicable
      in intra-Community trade in certain live animals and products with a view to the completion of the internal market[9] Õ.

                                            ê 90/426/EEC Recital 11

  12) Provision should be made for the possibility of checks by the Commission. These checks should  be  carried  out  in  cooperation  with  the
      competent national authorities.

                                            ê 90/426/EEC Recital 12

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

                                            ê 90/426/EEC Recital 13 (adapted)

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

                                            ê 90/426/EEC Recital 14

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

                                            ê 90/426/EEC Recital 15 (adapted)

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

                                            ê 90/426/EEC Recital 16 (adapted)

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

                                            ê 90/426/EEC Recital 17 (adapted)

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

                                            ê 90/426/EEC Recital 18 (adapted)

  19) The checks carried out upon importation Ö should Õ cover the origin and the state of health of the equidae.

                                            ê 90/426/EEC Recital 23 (adapted)

  20) Ö 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[10]. Õ

                                            ê .

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

                                            ê 90/426/EEC

HAS ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                                                General provisions

                                                                    Article 1

                                            ê 90/426/EEC (adapted)

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

                                                                    Article 2

For the purposes of this Directive Ö the following definitions shall apply Õ:

                                            ê 90/426/EEC

(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, for whatever use;

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

(c)   ‘registered equidae’ means any equidae registered as defined in Council Directive 90/427/EEC[11], identified by means of an  identification
       document issued:

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

                                            ê 90/426/EEC (adapted)

       (ii) Ö by Õ any international association or organisation which manages horses for competition or racing;

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

                                            ê 90/426/EEC

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

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

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

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

                                            ê 90/426/EEC (adapted)

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

                                            ê 90/426/EEC (adapted)

                                                                    CHAPTER II

                                     Rules for the movement of equidae Ö within and between Member States Õ 

                                            ê 90/426/EEC

                                                                    Article 3

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

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

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

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

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

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

                                                                    Article 4

1. Equidae must show no clinical sign of disease at inspection. Inspection must be carried out in the 48 hours  prior  to  their  embarkation  or
loading. In the case of registered equidae, however, this inspection shall, without prejudice to  Article  6,  be  required  for  intra-Community
trade only.

2. Without prejudice to the requirements of paragraph 5 regarding compulsorily notifiable diseases, the official veterinarian must, at  the  time
of inspection, be satisfied that there are no grounds — in particular on the basis of declarations by the owner or breeder — for concluding  that
the equidae have been in contact with equidae suffering from an infectious or  contagious  disease  during  the  15  days  immediately  preceding
inspection.

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

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

                                            ê 90/426/EEC (adapted)

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

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

       ( b) for equidae for breeding and production, by Ö the Õ method established in accordance with the procedure Ö referred  to Õ  in  Article
       21(2).

                                            ê 90/426/EEC

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

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

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

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

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

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

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

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

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

                                            ê 90/426/EEC (adapted)

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

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

                                            ê 90/426/EEC

(a)   the distribution of the disease on its territory;

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

(c)   the geographical area in which the programme will be implemented;

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

(e)   the programme monitoring procedures;

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

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

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

                                            ê 90/426/EEC (adapted)

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

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

                                            ê 92/36/EEC Art. 1

                                                                    Article 5

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

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

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

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

                                            ê 92/36/EEC Art. 1 (adapted)

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

                                            ê 92/36/EEC Art. 1

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

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

                                            ê 92/36/EEC Art. 1 (adapted)

3. The Ö control Õ rules Ö and Õ the Ö measures to Õ combat Ö African horse sickness Õ relating to the  territories  and  zones  referred  to  in
paragraph 2 and the relevant derogations are specified in Council Directive [92/35/EEC[12]].

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

                                            ê 92/36/EEC Art. 1

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

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

                                            ê 92/36/EEC Art. 1 (adapted)

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

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

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

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

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

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

                                            ê 92/36/EEC Art. 1

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

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

                                            ê 90/426/EEC (adapted)

                                                                    Article 6

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

They shall notify the Commission thereof.

                                                                    Article 7

                                            ê 2008/73/EC (adapted)

1. Equidae must be transported, as soon as possible, from the holding of origin either  directly  or  via  an  approved  marshalling  centre,  as
defined as "assembly centre" in Article 2(2)(o) of Council Directive 64/432/EEC[13] to the place of destination in vehicles or  containers  which
have been regularly cleansed and disinfected with a disinfectant at intervals to be fixed by the Member State of dispatch. The vehicles  must  be
designed in such a way that equidae droppings, litter or fodder cannot escape from the vehicle  during  transportation.  Ö Without  prejudice  to
Regulation (EC) No 1/2005, Õ transportation must be effected in such a way that the health  and  well-being  of  the  equidae  can  be  protected
effectively.

                                            ê 90/426/EEC (adapted)

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

                                            ê 90/426/EEC

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

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

                                            ê 90/426/EEC (adapted)

                                                                    Article 8

1. Member States shall ensure that:

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

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

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

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

                                            ê 90/425/EEC Art. 15(3)

                                                                    Article 9

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

                                            ê 90/426/EEC

                                                                    Article 10

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

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

                                            ê 90/426/EEC (adapted)

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

                                                                   CHAPTER III

                                            Rules for Ö importation of equidae Õ from third countries

                                                                    Article 11

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

                                            ê 2004/68/EC Art. 15(1) (adapted)

                                                                    Article 12

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

                                            ê 2004/68/EC Art. 15(1)

Taking into account the health situation and the guarantees provided by the third country for equidae, it may be decided in accordance  with  the
procedure referred to in Article  21(2) that the authorisation provided for in the first subparagraph of this paragraph shall apply to the  whole
territory of the third country or to only part of its territory.

For that purpose and on the basis of the relevant international standards,  account  shall  be  taken  of  how  the  third  country  applies  and
implements those standards, in particular the  principle  of  regionalisation,  within  its  own  territory  and  in  relation  to  its  sanitary
requirements for importation from other third countries and from the Community.

                                            ê 2004/68/EC Art. 15(1) (adapted)

2. When the list provided for in paragraph 1 Ö is Õ drawn up or amended, particular account shall be taken of:

                                            ê 2004/68/EC Art. 15(1)

(a)   the health status of the equidae, other domestic animals and wildlife in the  third  country,  with  particular  regard  to  exotic  animal
       diseases and any aspects of the general health and the environmental situation in the third country which may pose a risk  to  the  health
       and environmental status of the Community;

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

(c)   the organisation of the competent veterinary authority and its inspection services, the powers of those services, the supervision to  which
       they are subject, and the means at their disposal, including staff and laboratory capacity, to apply national legislation effectively;

(d)   the assurances which the competent veterinary authority of the third  country  can  give  regarding  compliance  or  equivalence  with  the
       relevant animal health conditions applicable in the Community;

                                            ê 2004/68/EC Art. 15(1) (adapted)

(e)   whether the third country is a member of the Ö World Organisation for Animal  Health Õ  (OIE)  and  the  regularity  and  rapidity  of  the
       information supplied by the third country relating to the existence of infectious or contagious diseases of equidae in its  territory,  in
       particular those diseases listed by the OIE and in Annex  I ;

                                            ê 2004/68/EC Art. 15(1)

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

       (i)  within 24 hours, of the confirmation of the occurrence of infectious diseases of equidae listed in Annex  I and of any change in  the
           vaccination policy concerning such diseases;

       (ii) within an appropriate period, of any proposed changes in the national sanitary rules concerning equidae, in particular regarding  the
           importation of equidae;

       (iii)      at regular intervals, of the animal health status of its territory concerning equidae;

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

(h)   the results of Community inspections and/or audits carried out in the third country, in particular the results of  the  assessment  of  the
       competent authorities or, where the Commission so requests, the report submitted by the competent authorities  on  the  inspections  which
       they have carried out;

(i)   the rules on the prevention  and  control  of  infectious  or  contagious  animal  diseases  in  force  in  the  third  country  and  their
       implementation, including rules on importation of equidae from other third countries.

                                            ê 2004/68/EC Art. 15(1) (adapted)

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

The list may be combined with other lists drawn up for animal and public health purposes and may also include models of health certificates.

                                            ê 2004/68/EC Art. 15(1)

4. Special import conditions for each third country or group of third countries, having regard to the animal health situation concerning  equidae
in the third country or countries concerned shall be established in accordance with the procedure referred to in Article  21(2).

                                            ê 2004/68/EC Art. 15(1) (adapted)

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

                                            ê 90/426/EEC

                                                                    Article 13

1. The equidae must come from third countries which:

(a)   are free from African horse sickness;

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

(c)    have been free for six months from dourine and glanders.

                                            ê 90/426/EEC (adapted)

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

                                            ê 90/426/EEC

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

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

(b)   to require additional guarantees for diseases alien to the Community.

                                                                    Article 14

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

They must come from a holding placed under veterinary supervision.

                                                                    Article 15

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

                                            ê 90/426/EEC (adapted)

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

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

                                            ê 90/426/EEC

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

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

                                            ê 90/426/EEC (adapted)

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

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

                                                                    Article 16

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

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

(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 is carried out;

(c)   accompany the animals in the original;

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

(e)   consist of a single sheet;

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

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

                                            ê 90/426/EEC Article 18 (adapted)

                                                                    Article 17

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

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

                                            ê 90/426/EEC Article 17

                                                                    Article 18

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

                                            ê 90/426/EEC Article 17 (adapted)

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

                                            ê 90/426/EEC Article 17

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

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

                                            ê 90/426/EEC Article 17 (adapted)

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

                                            ê 90/426/EEC (adapted)

                                                                    Article 19

In accordance with the procedure Ö referred to Õ in Article 21(2):

(a)   it may be decided that Ö importation Õ from a third country or part of a  third  country  is  to  be  confined  to  particular  species  or
       categories Ö of equidae or types of importation Õ ;

                                            ê 90/426/EEC

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

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

                                            ê 2004/68/EC Art. 15(2) (adapted)

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

                                            ê 90/426/EEC (adapted)

                                                                    CHAPTER IV

                                                                 Final provisions

                                                                   Article  20

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

                                            ê 806/2003 Art. 3 and Annex III (10) (adapted)

                                                                   Article  21

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

2. Where reference is made to this Ö paragraph Õ, 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.

Ö 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. Õ

Ö The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days. Õ

                                            ê 

                                                                    Article 22

Directive 90/426/EEC, as amended by the acts listed in Annex V, Part A, is repealed, without prejudice to the obligations of  the  Member  States
relating to the time-limits for transposition into national law of the Directives set out in Annex V, Part B.

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

                                                                    Article 23

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

                                            ê 90/426/EEC

                                                                    Article 24

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 90/426/EEC

                                                                     ANNEX I

                                                         COMPULSORILY NOTIFIABLE DISEASES

The following diseases are compulsorily notifiable:

     – Dourine

     – Glanders

     – Equine encephalomyelitis (of all types, including VEE)

     – Infectious anaemia

     – Rabies

     – Anthrax

     – African horse sickness

     – Vesicular stomatitis

                                                                    __________

                                            ê 92/130/EEC Art 1 and Annex (adapted)
                                            è1 2001/298/EC Art. 1(1) and Annex I pt. 2(a)

                                                                     ANNEX II

                                                                    Ö MODEL Õ

                                                            HEALTH Ö ATTESTATION Õ (a)

Passport No ……………..

I, the undersigned, certify (b) that the animal Ö identified Õ above meets the following requirements:

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

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

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

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

         – it is not vaccinated against African horse sickness, or

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

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

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

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

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

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

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

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

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

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

è1 (f)      at the time of the inspection it was fit to be transported on the intended journey in accordance with the  provisions  of  Regulation
       (EC) No 1/2005 (e). ç

|Date                  |Place                 |Stamp and signature of the official veterinarian (1)                                       |
|                      |                      |                                                                                           |
|(1) Name in block capitals and capacity.                                                                                                 |

________

(a)   This attestation is not required where there is a bilateral agreement in accordance with Article 6 of Directive […/…/EC].

(b)   Valid for 10 days.

(c)   Delete whichever does not apply.

(d)   The vaccination date must be entered in the passport.

è1 (e)      This statement does not exempt transporters from their obligations in accordance with Community provisions  in  force  in  particular
       regarding the fitness of animals to be transported. ç

                                                                  _____________

                                            ê 92/130/EEC Art 1 and Annex (adapted)
                                            è1 2001/298/EC Art. 1(1) and Annex pt. 2(b)
                                            è2 1994 Act of Accession Art. 29 and Annex I, p. 132
                                            è3 2003 Act of Accession Art. 20 and Annex II, p. 381
                                            è4 2006/104/EC Art. 1 and Annex, pt. I.2.

                                                                    ANNEX III

                                                                      MODEL

                                                                HEALTH CERTIFICATE

                                                         For trade between Member States

                                                                     EQUIDAE

                                                                                                                                  No: ……………………………

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

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

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

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

II.   Identification of equidae:

|Number of equidae (1)        |Species                            |Breed                     |Method of identification     |
|                             |horse, ass, mule,                  |Age                       |and identification (2)       |
|                             |hinny                              |Sex                       |                             |
|                             |                                   |                          |                             |
|(1) In the case of animals for slaughter, nature of the special mark.                                                     |
|(2) A passport identifying the equine animal may Ö accompany the animal  for which this certificate is issued Õ provided  |
|that its number is stated.                                                                                                |

III.  Origin and destination of animal/s:

|The animal/s is/are to be sent                                                                                            |
|from: ………………………………………………………………………………………………………                                                                             |
|(Place of export)                                                                                                         |
|to: ……………………………………………………………………………………………………                                                                                |
|(Member State and place of destination)                                                                                   |
|Name and address of consignor: ……………………………………………………………………                                                                 |
|…………………………….....……………………………………………………………………..                                                                              |
|Name and address of consignee: ……………………………………………………………………                                                                 |
|………………………………………………………………………………………………………                                                                                   |

IV.   Health information (a)

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

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

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

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

            or

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

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

            or

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

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

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

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

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

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

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

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

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

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

       è1 6.      at the time of the inspection it/they was/were fit to be transported on the intended journey in accordance with the  provisions
           of Regulation (EC) No 1/2005 ( c). ç

[pic]
|                                   |(Name in capital letters and capacity                                                                 |
|                                   |of signing veterinarian) ( d)                                                                         |
|____________                                                                                                                             |
|(a) This information is not required where there is a bilateral agreement in accordance with Article 6 of Directive […/…/EC].            |
|(b) Delete whichever does not apply.                                                                                                     |
|( c) This statement does not exempt transporters from their obligations in accordance with Community provisions in force in particular   |
|regarding the fitness of animals to be transported.                                                                                      |
|( d) In Belgium: 'Inspecteur vétérinaire' or 'Inspecteur Dierenarts'; è4 in Bulgaria: 'ветеринарен инспектор'; ç è3 in the Czech         |
|Republic: 'veterinární inspektor'; ç in Denmark: 'Embedsdyrlaege'; in Germany: 'Beamteter Tierarzt'; è3 in Estonia:                      |
|'veterinaarjärelevalve ametnik'; ç in Ireland: 'Veterinary Inspector'; in Greece: 'Επίσημος κτηνίατρος'; in Spain: 'Inspector            |
|Veterinário'; in France: 'Vétérinaire officiel'; in Italy: 'Veterinario ufficiale'; è3 in Cyprus: 'Επίσημος κτηνίατρος'; in Latvia:      |
|'veterinarais inspektors'; in Lithuania: 'veterinarijos inspektorius'; ç in Luxembourg: 'Inspecteur vétérinaire'; è3 in Hungary:         |
|'hatósági állatorvos'; in Malta: 'veterinarju ufficjali'; ç in the Netherlands: 'Officieel Dierenarts'; è2 in Austria: 'Amtstierarzt'; ç |
|è3 in Poland: 'urzedowy lekarz weterynarii'; ç in Portugal: 'Inspector Veterinário'; è4 in Romania: 'medic veterinar autorizat'; ç è3 in |
|Slovenia: 'veterinarski inspektor'; in Slovakia: 'veterinárny inspektor' ç ; è2 in Finland: 'kunnaneläinlääkäri', 'kaupungineläinlääkäri'|
|or ''läänineläinlääkäri' / 'kommunalveterinär', 'stadsveterinär' or 'länsveterinär', in Sweden: 'länsveterinär', 'distriktsveterinär' or |
|'gränsveterinär' ç ; in the United Kingdom: 'Veterinary Inspector'.                                                                      |

                                                                    __________

                                            ê 2002/160/EC Art. 1 and Annex

                                                                     ANNEX IV

                                                              AFRICAN HORSE SICKNESS

                                                                    DIAGNOSIS

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

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

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

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

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

1.1.  Test procedure

1.1.1.      Preparation of plates

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

1.1.1.2.    Wash plates three times by flooding and emptying the wells with phosphate buffered saline (PBS), pH 7,2 to 7,4 pH, and  blot  dry  on
       adsorbent paper.

1.1.2.      Control wells

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

1.1.2.2.    Add 50 μl of the negative control serum at a dilution of 1 in 5 (10 μl serum + 40 μl blocking buffer) to wells A and B of column 2.

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

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

1.1.3.      Spot test method

1.1.3.1.    Add a 1 in 5 dilution of each test serum in blocking buffer to duplicate wells of columns  3  to  12  (10 μl  sera  + 40 μl  blocking
       buffer).

      or

1.1.4.      Serum titration method

1.1.4.1.    Prepare a twofold dilution series of each test sample (1 in 5 to 1 in 640) in blocking buffer across eight wells  of  single  columns
       (3 to 12).

      then

1.1.5.      Add 50 μl of guinea pig antisera, pre-diluted in blocking buffer, to all wells except the blank wells of the ELISA plate  (all  wells
       now contain a final volume of 100 μl).

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

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

1.1.5.3.    Add 50 μl of rabbit anti-guinea-pig horseradish peroxidase (HRP) conjugate pre-diluted in blocking buffer to each well.

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

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

1.1.6.      Chromogen

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

1.1.7.      Reading

      Read spectrophotometrically at 492 nm.

1.2.  Expression of results

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

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

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

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

                                                                 Spot test layout

|      |1           |2                |3                                                                                                  |
|A                                                                                                                                        |

                                                                    Test sera

|       |1           |2            |3                                                                                                    |
|A                                                                                                                                        |

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

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

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

2.1.  Test procedure

2.1.1.      Solid phase

2.1.1.1.    ELISA plates are coated with recombinant AHSV-4 VP7 diluted in carbonate/bicarbonate buffer, pH 9,6.  Incubate  plates  overnight  at
       4 °C.

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

2.1.1.3.    Block the plates with phosphate buffered saline (PBS) + 5 % (w/v) skimmed milk (Nestlé Dry Skim MilkTM), 200 μl/well, for 1  hour  at
       37 °C.

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

2.1.2.      Test samples

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

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

2.1.2.2.    Wash the plates as described in step 2.1.1.2.

2.1.3.      Conjugate

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

2.1.3.2.    Wash the plates as described in step 2.1.1.2.

2.1.4.      Cromogen/Substrate

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

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

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

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

2.2.  Interpretation of the results

2.2.1.      Calculate the cut-off value by adding 0,6 to the value of the negative control (0,6 is the standard deviation derived  with  a  group
       of 30 negative sera).

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

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

2.2.4.      Test samples giving intermediate absorbance values are doubtful and a second technique must be employed to confirm the result.

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

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

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

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

3.1.  Test procedure

3.1.1.      ELISA plates

3.1.1.1.    Coat ELISA plates with recombinant AHSV-4 VP7 diluted in carbonate/bicarbonate buffer, pH 9,6. Incubate overnight at 4 °C.

3.1.1.2.    Wash the plates five times with phosphate buffered saline (PBS) containing 0,05 % (v/v) Tween 20 (PBST).

3.1.1.3.    Stabilise the plate by treatment with a stabilising solution (in order to allow long term storage at 4 °C without loss  of  activity)
       and blot dry onto absorbent material.

3.1.2.      Test samples and controls

|3.1.2.1. For screening:               |dilute test sera and controls 1 in 10 directly on the plate in PBST to give a final volume        |
|                                      |100 μl/well. Incubate for 1 hour at 37 °C.                                                        |
|3.1.2.2. For titration:               |prepare a twofold dilution series of test sera and positive controls (100 μl/well) from 1 in 10 to|
|                                      |1 in 1280 across eight wells. Negative control is tested at 1 in 10 dilution.                     |

3.1.3.      Conjugate

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

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

3.1.5.      Chromogen/Substrate

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

3.1.6.      Reading

      Read at 405 nm in an ELISA reader.

3.2.  Interpretation of the results

3.2.1.      Assay validation

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

3.2.2.      Cut-off calculation

|Positive cut off               |=     |NC - ((NC - PC) x 0,3)                                                                |
|Negative cut off               |=     |NC - ((NC - PC) x 0,2)                                                                |

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

3.2.3.      Interpretation of results

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

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

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

                                                                    __________

                                            é

                                                                     ANNEX V

                                                                      Part A

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

|Council Directive 90/426/EEC                                                              |                                               |
|(OJ L 224, 18.8.1990, p. 42)                                                              |                                               |
|Council Directive 90/425/EEC                                                        |only Article 15(3)                             |
|(OJ L 224, 18.8.1990, p. 29)                                                        |                                               |
|Council Directive 91/496/EEC                                                        |only as regards the reference to Directive     |
|(OJ L 268, 24.9.1991, p. 56)                                                        |90/426/EEC in Article 26(2)                    |
|Commission Decision 92/130/EEC                                                      |                                               |
|(OJ L 47, 22.2.1992, p. 26)                                                         |                                               |
|Council Directive 92/36/EEC                                                         |only Article 1                                 |
|(OJ L 157, 10.6.1992, p. 28)                                                        |                                               |
|Point V.E.I.A.3 of Annex I to the 1994 Act of Accession                             |                                               |
|(OJ C 241, 29.8.1994, p. 132)                                                       |                                               |
|Commission Decision 2001/298/EC                                                     |only as regards the reference to Directive     |
|(OJ L 102, 12.4.2001, p. 63)                                                        |90/426/EEC in Article 1(1), and Annex I, pt. 2 |
|Commission Decision 2002/160/EC                                                     |                                               |
|(OJ L 53, 23.2.2002, p. 37)                                                         |                                               |
|Council Regulation (EC) No 806/2003                                                 |only Annex III, pt. 10                         |
|(OJ L 122, 16.5.2003, p. 1)                                                         |                                               |
|Point 6.B.I.16 of Annex II to the 2003 Act of Accession                             |                                               |
|(OJ L 236, 23.9.2003, p. 381)                                                       |                                               |
|Council Directive 2004/68/EC                                                        |only Article 15                                |
|(OJ L 139, 30.4.2004, p. 321)                                                       |                                               |
|Council Directive 2006/104/EC                                                       |only Annex, pt. I.2.                           |
|(OJ L 363, 20.12.2006, p. 352)                                                      |                                               |
|Council Directive 2008/73/EC                                                        |only Article 7                                 |
|(OJ L 219, 14.8.2008, p. 40)                                                        |                                               |

                                                                      Part B

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

|Directive                                                            |Time-limit for transposition                                    |
|90/426/EEC                                                           |1 January 1992                                                  |
|90/425/EEC                                                           |1 July 1992                                                     |
|91/496/EEC                                                           |1 July 1992                                                     |
|92/36/EEC                                                            |31 December 1992                                                |
|2004/68/EC                                                           |19 November 2005                                                |
|2006/104/EC                                                          |-                                                               |
|2008/73/EC                                                           |1 January 2010                                                  |

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Directive 90/426/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2 (a) and (b)                                                |Article 2 (a) and (b)                                                |
|Article 2 (c)                                                        |Article 2 (c) (i) and (ii)                                           |
|Article 2 (d) to (i)                                                 |Article 2 (d) to (i)                                                 |
|Article 3                                                            |Article 3                                                            |
|Article 4 (1), (2) and (3)                                           |Article 4 (1), (2) and (3)                                           |
|Article 4 (4) (i) and (ii)                                           |Article 4 (4) (a) and (b)                                            |
|Article 4 (5) (a), first to sixth indents                            |Article 4 (5) (a) (i) to (vi)                                        |
|Article 4 (5) (b)                                                    | Article 4 (5) (b)                                                   |
|Article 4 (6), first subparagraph, first to eighth indents           |Article 4 (6), first subparagraph, (a) to (h)                        |
|Article 4 (6), second and third subparagraphs                        |Article 4 (6), second and third subparagraphs                        |
|Article 5 (1)                                                        |Article 5 (1)                                                        |
|Article 5 (2) (a)                                                    |Article 5 (2), first subparagraph (a) and (b)                        |
|Article 5 (2) (b)                                                    |Article 5 (2), second subparagraph (a) and (b)                       |
|Article 5 (2) (c)                                                    |Article 5 (3)                                                        |
|Article 5 (2) (d)                                                    |Article 5 (4)                                                        |
|Article 5 (3) (a) and (b)                                            |Article 5 (5) (a) and (b)                                            |
|Article 5 (3) (c), first and second indents                          |Article 5 (5) (c), first subparagraph, (i) and (ii)                  |
|Article 5 (3) (c), second indent, last sentence                      |Article 5 (5) (c), second subparagraph                               |
|Article 5 (3) (d) and (e)                                            |Article 5 (5) (d) and (e)                                            |
|Article 6                                                            |Article 6                                                            |
|Article 7                                                            |Article 7                                                            |
|Article 8 (1), first subparagraph, first and second indents          |Article 8 (1) (a) and (b)                                            |
|Article 8 (1), second subparagraph                                   |Article 8 (2)                                                        |
|Article 8 (2)                                                        |Article 8 (3)                                                        |
|Article 9                                                            |Article 9                                                            |
|Article 10                                                           |Article 10                                                           |
|Article 11 (1)                                                       |Article 11                                                           |
|Article 11 (2)                                                       |-                                                                    |
|Article 12                                                           |Article 12                                                           |
|Article 13                                                           |Article 13                                                           |
|Article 14                                                           |Article 14                                                           |
|Article 15                                                           |Article 15                                                           |
|Article 16 (1) (a) to (f)                                            |Article 16 (1) (a) to (f)                                            |
|Article 16 (1), final sentence                                       |-                                                                    |
|Article 16 (2)                                                       |Article 16 (2)                                                       |
|Article 17                                                           |Article 18                                                           |
|Article 18                                                           |Article 17                                                           |
|Article 19 (i) to (iv)                                               |Article 19 (a) to (d)                                                |
|Article 22                                                           |-                                                                    |
|Article 23                                                           |Article 20                                                           |
|Article 24 (1) and (2)                                               |Article 21 (1) and (2)                                               |
|Article 24 (3)                                                       |-                                                                    |
|Article 25 (1) and (2)                                               |Article 21 (1) and (3)                                               |
|Article 26                                                           |-                                                                    |
|Article 27                                                           |-                                                                    |
|-                                                                    |Article 22                                                           |
|-                                                                    |Article 23                                                           |
|Article 28                                                           |Article 24                                                           |
|Annex A                                                              |Annex I                                                              |
|Annex B                                                              |Annex II                                                             |
|Annex C                                                              |Annex III                                                            |
|Annex D                                                              |Annex IV                                                             |
|-                                                                    |Annex V                                                              |
|-                                                                    |Annex VI                                                             |

                                                            __________[pic][pic][pic]

                                                             -----------------------
[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, Part A of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ L 224, 18.8.1990, p. 42.
[7]   See Annex V, Part A.
[8]   OJ L 3, 5.1.2005, p. 1.
[9]   OJ L 224, 18.8.1990, p. 29.
[10]  OJ L 184, 17.7.1999, p. 23.
[11]  OJ L 224, 18.8.1990, p. 55.
[[12] OJ L 157, 10.6.1992, p. 19.]
[13]  OJ 121, 29.7.1964, p. 1977/64.
[14]  OJ L 31, 1.2.2002, p. 1.