CELEX: 51997GC0010
Language: en
Date: 2006-12-08
Title: Draft Commission Decision of […] in relation to the temporary admission and imports into the Community of registered horses from South Africa (…/…/EC) (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

                   in relation to the temporary admission and imports into the Community of registered horses from South Africa

                                                                     (…/…/EC)

                                                                (Codified version)

                                            ê 97/10/EC (adapted)

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

                   in relation to the temporary admission and imports into the Community of registered horses from South Africa

                                                            (Text with EEA relevance)
                                                                     (…/…/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/426/EEC of 26 June 1990 on  animal  health  conditions  governing  the  movement  and  imports  from  third
countries of equidae[1], and in particular Articles 13 (2), 14, 15, 16 and 19 (i) thereof,

                                            ê .

   1) Commission Decision 97/10/EC of 12 December 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC,  92/260/EEC  and
      93/197/EEC in relation to the temporary admission and imports into the Community  of  registered  horses  from  South  Africa[2]  has  been
      substantially amended several times[3]. In the interests of clarity and rationality the said Decision should be codified.

                                            ê 97/10/EC recital 1 (adapted)

   2) South Africa is included in Annex I to Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts
      of territory thereof from which Member States authorise imports of live equidae and semen, ova and  embryos  of  the  equine  species,  and
      amending Decisions 93/195/EEC and 94/63/EC, [4].

                                            ê 97/10/EC recital 5

   3) Following a Commission veterinary inspection mission to South Africa the animal health situation  appears  to  be  under  the  satisfactory
      control of well structured and organized veterinary services.

                                            ê 97/10/EC recital 8

   4) Dourine is endemic in certain parts of South Africa However, the Western Cape Province has been free of dourine for more than  six  months.
      South Africa is officially free of glanders, equine encephalomyelitis of all types, equine infectious anaemia and vesicular stomatitis  for
      more than six months.

                                            ê 97/10/EC recital 9 (adapted)

   5) The veterinary authorities of South Africa have guaranteed to notify Ö electronically Õ within 24 hours to the Commission  and  the  Member
      States the confirmation of any infectious or contagious disease in equidae mentioned in Annex A to Directive 90/426/EEC and any  change  in
      the vaccination policy, and within an appropriate time, in the import policy in respect of equidae.

                                            ê 97/10/EC recital 10

   6) The veterinary authorities of South Africa have provided certain  guarantees  in  respect  of  registered  horses  intended  for  temporary
      admission or permanent imports into the Community.

                                            ê 97/10/EC recital 11 (adapted)

   7) The animal health conditions Ö should Õ be adopted in accordance with the animal health situation of the third country  concerned.  Due  to
      necessary requirements in relation to movement control and quarantine within South Africa the present  Ö Decision Õ  relates  only  to  the
      temporary admission and imports of registered horses.

                                            ê 97/10/EC recital 13 (adapted)

   8) The measures provided for in this Decision are in accordance with the opinion of the Standing  Committee  on  the  Food  Chain  and  Animal
      Health,

                                            ê 97/10/EC

HAS ADOPTED THIS DECISION:

                                                                    Article 1

The regionalization of South Africa in respect of the temporary admission and imports into the Community of registered horses shall  apply  under
the condition that the additional guarantees in Annex I are fulfilled.

                                            ê .

                                                                    Article 2

Decision 97/10/EC is repealed.

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

                                            ê 97/10/EC

                                                                    Article 3

This Decision is addressed to the Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 97/10/EC (adapted)

                                                                     ANNEX I

 Additional guarantees which apply to the regionalization of South Africa in respect of the temporary admission and imports into the Community of
                                                                registered horses

1. The following diseases are compulsorily notifiable in South Africa:

African horse sickness (AHS), glanders, dourine, equine encephalomyelitis of all types  including  Venezuelan  equine  encephalomyelitis,  equine
infectious anaemia, vesicular stomatitis, anthrax and rabies.

The whole of the Western Cape Province is declared an «African horse sickness control area» in accordance  with  the  provisions  of  the  Animal
Disease Act. In respect of the regionalization for African horse sickness the territory of the Western Cape Province is divided into the  African
horse sickness free area, the surveillance zone and the protection zone.

Within the Western Cape Province, African horse sickness is a «controlled disease» in accordance with the provisions of the Animal Disease Act.

                                            ê 2001/622/EC Art. 2 pt. 1 and Annex (adapted)

2. Regionalisation:

2.1. African horse sickness free area:

The metropolitan area of Cape Town is an African horse sickness free area Ö which is Õ delineated as follows:

|— Northern boundary:               |Blaauwberg Road (M14);                                                                               |
|— Eastern boundary:                |Koeberg Road (M14), Plattekloof Road (M14), N7 Highway, N1 Highway and M5 Highway;                   |
|— Southern boundary:               |Ottery Road, Prince George's Drive, Wetton Road, Riverstone Road, Tennant Road, Newlands Drive,      |
|                                   |Paradise Road, Union Drive, Rhodes Drive up to the Newslands Forestry station and across Echo Gorge  |
|                                   |of Table Mountain to Camps Bay;                                                                      |
|— Western boundary:                |Coastline from Camps Bay to Blaauwberg Road.                                                         |

                                            ê 2001/622/EC Art. 2 pt. 1 and Annex

2.2. African horse sickness surveillance zone:

The African horse sickness free area is surrounded by a surveillance zone of at least 50 km width which includes  the  magisterial  districts  of
Cape Town, Vredenburg, Hopefield, Mooreesburg, Malmesbury, Wellington, Paarl, Stellenbosch, Kuilsrivier, Goodwood, Wynberg, Simonstown,  Somerset
West, Mitchells Plain and Strand and is defined by the Berg Rivier to the north, the Hottentots Holland Mountains to the east and  the  coast  to
the south and west.

2.3. African horse sickness protection zone:

The surveillance zone is surrounded by a protection zone of at least 100 km width  which  includes  the  magisterial  districts  of  Clanwilliam,
Piketberg, Ceres, Tulbagh, Worcester, Caledon, Hermanus, Bredasdorp, Robertson, Montagu, Swellendam.

2.4. African horse sickness infected zone:

The part of the territory of the Republic of South Africa outside the Western Cape Province and the part of the  Western  Cape  Province  outside
the free area and the protection and surveillance zone and including the magisterial districts of Vanrynsdorp, Vredendal, Laingsburg,  Ladismith,
Heidelberg, Riversdale, Mossel Bay, Calitzdorp, Oudtshoorn, George, Knysna, Uniondale, Prince Albert, Beaufort West and Murraysburg.

                                            ê 97/10/EC

3. Vaccination:

3.1. No systematic vaccination against African horse sickness is allowed within the free area and the surveillance zone.

                                            ê 2001/622/EC Art. 2.2 (adapted)

However, by way of derogation the Director of Animal Health of the Ministry of Agriculture of South Africa may grant permission  for  vaccination
using a registered polyvalent AHS vaccine as prescribed by the vaccine  manufacturer  and  carried  out  exclusively  by  a  veterinarian  or  an
authorised Animal Health Technician in the official employ of the  Government,  of  those  horses  scheduled  to  leave  the  free  area  or  the
surveillance zone beyond the perimeters of the surveillance zone under the  provision,  that  these  horses  may  not  leave  the  holding  until
departure for a destination outside the free area and the surveillance zone and the vaccination Ö shall Õ be entered in the passport.

                                            ê 2001/622/EC Art. 2.3 (adapted)

3.2. Where vaccination of registered horses against AHS is carried out in areas outside the free area  and  surveillance  zone  it  Ö shall Õ  be
carried out by a veterinarian or an authorised Animal Health Technician in the official employ of the Government using  a  registered  polyvalent
AHS vaccine as prescribed by the vaccine manufacturer and the vaccination Ö shall Õ be entered in the passport.

                                            ê 97/10/EC

4. Registration of holdings and identification of equidae:

4.1. Within the free area all holdings (holdings in the meaning of Article  2  (a)  of  Directive  90/426/EEC)  are  identified,  registered  and
supervised by the State veterinarian of the area.

4.2. All equidae resident in the free area are identified and records are  kept  which  include  information  on  movement  and  the  health  and
vaccination history of the animal.

5. Movement control

5.1. Any movement of equidae from the infected zone into the protection zone, into the surveillance zone and into the free area and any  movement
of equidae from the protection zone into the surveillance zone and into the free area and any movement of  equidae  from  the  surveillance  zone
into the free area is prohibited.

                                            ê 97/10/EC (adapted)

5.2. Ö By way of Õ derogation Ö from Õ the prohibitions laid down in point 5.1, equidae other than registered horses can  be  admitted  from  the
infected zone into the protection zone, the surveillance zone and the free area, and from the protection zone into the surveillance zone and  the
free area, and from the surveillance zone into the free area exclusively under the conditions of Article 5 (3) of Directive 90/426/EC.

                                            ê 97/10/EC

5.2.1. The months June, July and August are the vector insect safe period as required in Article 5 (3) (a) of Directive 90/426/EEC.

5.2.2. The equidae are released from quarantine suitably identified.

5.2.3. In addition to the provisions in point 5.2, equidae for slaughter shall not enter the free area and  shall  enter  the  surveillance  zone
under official veterinary supervision only for immediate slaughter at designated slaughterhouses.

                                            ê 97/10/EC (adapted)

5.3. Ö By way of Õ derogation Ö from Õ the provisions in point 5.1, movement of registered horses from the  infected  zone  into  the  protection
zone can be allowed under the following conditions:

5.3.1. The horse Ö shall Õ be identified by a passport and particulars on vaccination Ö shall Õ be entered in the passport.

5.3.2. The movement of the horse Ö shall Õ be pre-notified by the issuing official veterinarian to the responsible official veterinarian  in  the
district of destination.

5.3.3. The horse Ö shall Õ be accompanied by a certificate which is part of the  passport  and  issued  by  an  official  veterinarian  (official
veterinarian in the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises of origin.

5.3.4. The certificate Ö shall Õ state that the horse:

     – was clinically examined within 48 hours of dispatch and showed no clinical signs of disease,

     – has not been in contact during the past 15 days (as far as can be  ascertained)  with  other  equidae  suffering  from  an  infectious  or
       contagious disease,

     – does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in  force  and  does  not
       come from a holding under veterinary restrictions,

     – does not come from a holding where there has been a case of African horse sickness during the past 60 days,

     – was vaccinated against African horse sickness by  a  veterinarian  using  a  registered  polyvalent  African  horse  sickness  vaccine  as
       prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the protection zone.

5.4. Ö By way of Õ derogation Ö from Õ the provisions in point 5.1, movement of registered horses from the infected zone or the  protection  zone
into the surveillance zone can be allowed under the following conditions:

5.4.1. The horse Ö shall Õ be identified by a passport and particulars on vaccination Ö shall Õ be entered in the passport.

5.4.2. The movement of the horse Ö shall Õ be pre-notified by the issuing official veterinarian to the responsible official veterinarian  in  the
district of destination.

5.4.3. The horse Ö shall Õ be accompanied by a certificate which is part of the  passport  and  issued  by  an  official  veterinarian  (official
veterinarian in the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises of origin.

5.4.4. The certificate Ö shall Õ state that the horse:

     – was clinically examined within 48 hours of dispatch and showed no clinical signs of disease,

     – has not been in contact during the past 15 days (as far as can be  ascertained)  with  other  equidae  suffering  from  an  infectious  or
       contagious disease,

     – does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in  force  and  does  not
       come from a holding under veterinary restrictions,

     – does not come from a holding where there has been a case of African horse sickness during the past 60 days,

     – was vaccinated against African horse sickness by  a  veterinarian  using  a  registered  polyvalent  African  horse  sickness  vaccine  as
       prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the surveillance zone.

5.5. Ö By way of Õ derogation Ö from Õ the provisions in point 5.1, movement of registered horses into the free area can  be  allowed  under  the
following conditions:

5.5.1. Registered horses can be moved from the infected zone or the protection zone or the  surveillance  zone  into  the  free  area  under  the
following conditions:

5.5.1.1. The horse Ö shall Õ be identified by a passport and particulars on vaccination Ö shall Õ be entered in the passport.

5.5.1.2. The movement of the horse Ö shall Õ be pre-notified by the issuing official veterinarian to the  responsible  official  veterinarian  in
the district of destination.

5.5.1.3. The horse Ö shall Õ be accompanied by a certificate which is part of the passport and  issued  by  an  official  veterinarian  (official
veterinarian in the meaning of Article 2 (h) of Directive 90/426/EEC) at the premises of origin.

                                            ê 2004/117/EC Art. 3 and Annex III.1 (adapted)

5.5.1.4. The certificate Ö shall Õ state that the horse:

     – was clinically examined within 48 hours of dispatch and showed no clinical signs of disease, and

     – has not been in contact during the past 15 days (as far as can be  ascertained)  with  other  equidae  suffering  from  an  infectious  or
       contagious disease, and

     – does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in  force  and  does  not
       come from a holding under veterinary restrictions, and

     – does not come from a holding where there has been a case of African horse sickness during the past 60 days, and

     – if the horse originates from an area outside the surveillance zone, it was

       (i)  either vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse  sickness  vaccine  as
           prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the free area, or

       (ii) the horse was imported from the territory of a country or the part of the territory regionalised in accordance with Article 13(2)  of
           Directive 90/426/EEC, considered in accordance with Community legislation as  not  infected  with  African  horse  sickness  and  was
           airfreighted under vector-protected conditions from the airport in Johannesburg to the African horse sickness free area.

                                            ê 2004/117/EC Art. 3 and Annex III.2 (adapted)

5.5.1.5. By way of derogation from the Ö the fifth indent of Õ point 5.5.1.4, the competent authorities may in exceptional cases, as  defined  in
national or local legislation of the exporting country, specifically authorise the transport of a registered horse from the infected,  protection
or surveillance zone into the free area under the following conditions:

     – the horse is transported directly to the quarantine station approved for that purpose in the free area,

     – the transport is carried out under vector-protected conditions taking into account risk-mitigating factors such as the vector-free  season
       or daytime, application of repellents, coverage of the animal and forced ventilation on the means of transport,

     – the horse is isolated in the vector-protected quarantine station for at least 40 days,

     – during the isolation period the horse is subjected to tests for African  horse  sickness  carried  out  in  accordance  with  Annex  D  to
       Directive 90/426/EEC on two occasions, carried out on samples of blood taken with an interval of between 21 and 30  days,  the  second  of
       which was taken within 10 days of release from the quarantine station, either with negative result, if the horse  was  not  vaccinated  or
       without increase in antibody level if the horse was vaccinated previously.

                                            ê 97/10/EC (adapted)

5.5.2. Ö By way of Õ derogation Ö from Õ the provisions in point 5.5.1, the competent veterinary authorities may licence the temporary  admission
into the free area of a registered horse from a designated holding in the surveillance zone under the following conditions:

5.5.2.1. The horse is accompanied by a passport. Particulars on vaccination Ö shall Õ be entered in the passport.

5.5.2.2. The horse is marked in such a way as to ensure a simple identity check and thereby  give  a  correlation  between  the  animal  and  the
passport.

5.5.2.3. The passport contains the license. The license is to be withdrawn in the case the conditions under which the license was issued are  not
longer fulfilled.

5.5.2.4. The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae  are  in  force  and
does not come from a holding under veterinary restrictions.

5.5.2.5. The designated holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the free area.

5.5.2.6. The horse is only admitted from two hours after sunrise until two hours prior to sunset on the same day.

5.5.2.7. The horse is kept separate from equidae not of equal health status.

5.5.3. Ö By way of Õ derogation Ö from Õ the provisions in point 5.5.1, the competent veterinary  authorities  may  licence  the  re-entry  of  a
registered horse into a holding in the free area returning after temporary movement to designated holdings in the  surveillance  zone  under  the
following provisions:

5.5.3.1. The horse is accompanied by a passport. Particulars on vaccination Ö shall Õ be entered in the passport.

5.5.3.2. The passport contains the licence. The license is to be withdrawn in the case the conditions under which the licence was issued are  not
longer fulfilled.

5.5.3.3. The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae  are  in  force  and
does not come from a holding under veterinary restrictions.

5.5.3.4. The designated holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the free area.

5.5.3.5. The horse is only allowed to move from the free area into the surveillance zone and back to the free area from two hours  after  sunrise
until two hours prior to sunset on the same day.

5.5.3.6. The horse is kept separate from equidae not of equal health status.

                                            ê 97/10/EC

6. Monitoring

6.1. Ongoing monitoring is carried out within the free area and the surrounding surveillance zone.

6.2. A monthly sero-epidemiological monitoring for African horse sickness is carried out on at least 60 identified unvaccinated  sentinel  horses
spread over the whole free area and surveillance zone in order to confirm the absence of  African  horse  sickness  in  the  free  area  and  the
surveillance zone. Test results are communicated to the Commission monthly.

6.3. All cases of equine mortality within the free area suspected to be due to an infectious disease and any mortality of an identified  sentinel
horse, are examined by means of official necropsies and the results confirmed  by  acceptable  diagnostic  procedures  and  communicated  to  the
Commission.

7. Residence requirements

                                            ê 2003/541/EC Art. 3.1 and Annex III.1 (adapted)

7.1. Registered horses intended for permanent imports into the Ö Community shall Õ have been resident in the country of dispatch for at least  90
days, or since birth, if they are less than 90 days old, or since entry, if they are imported directly from the Ö Community Õ during the 90  days
prior to certification for export to the Ö Community Õ and they Ö shall Õ have remained in the free area for at least 60 days or since birth,  if
they are less than 60 days old, or since entry, if they are imported directly into the free area from the Ö Community Õ during the 60 days  prior
to certification for export to the Ö Community Õ .

                                            ê 97/10/EC (adapted)

7.2. Registered horses intended for temporary admission into the Community Ö shall Õ be resident during the past 60  days  immediately  preceding
export to the Community on holdings under veterinary supervision:

     – in the free area,

or

     – in a Member State , if they are imported into the free area of South Africa directly from a Member State ,

or

     – on the territory or part of territory of a third country approved by the  Community  for  temporary  admission  or  permanent  imports  of
       registered horses in accordance with Directive 90/426/EEC if they were imported into the free area of  South  Africa  directly  and  under
       conditions at least as strict as the conditions laid down for the temporary admission or permanent imports of registered horses  from  the
       third country concerned directly into the Member States

                                            ê 97/10/EC

8. Quarantine requirements

                                            ê 97/10/EC (adapted)

8.1. Registered horses intended for imports or temporary admission into the Community Ö shall Õ have undergone  a  40  day  pre-export  isolation
within an officially approved vector-protected quarantine station. This period is mandatory part of the required residence  period  in  the  free
area.

8.2. During the isolation period the horse Ö shall Õ be confined to the vector-protected stables at least from two hours prior  to  sunset  until
two hours after sunrise the next day. If exercise is required, than it Ö shall Õ be done within  the  delineated  perimeters  of  the  quarantine
premises under official veterinary supervision, following the application of effective insect repellents prior to the removal from  the  stables,
and in strict isolation from equidae not being prepared for export under conditions at least as strict as required for  temporary  admission  and
imports into the Community.

                                            ê 97/10/EC

8.3. So far only the quarantine station at Montagu Gardens and the Kenilworth Racecourse have been  identified  for  the  establishment  of  such
quarantine facilities in the metropolitan Cape Town free area. The veterinary authorities have undertaken to notify to  the  Commission  and  the
Member States the approval of additional quarantine stations.

9. Test requirements

9.1. During the isolation period the animal health tests for African horse sickness, dourine,  equine  encephalosis  and  any  other  disease  as
required in the appropriate animal health certificates are carried out with the results specified in the certificate.

9.2. All health tests are to be carried out in an accredited laboratory.

10. The animal health certificate is issued and signed by the official veterinarian of the quarantine station.

                                            ê 2003/541/EC Art. 3.1 and Annex III.2

11. If registered horses are transported by air, the transport of the horses from the quarantine station into the  aircraft  is  performed  under
vector-protected conditions and these conditions are maintained throughout the journey.

                                            ê 2003/541/EC Art. 3.1 and Annex III.3 (adapted)

12. If registered horses are transported by sea, then the following conditions shall apply:

Vessels transporting registered horses from the port of Cape Town to a port in the Ö Community Õ approved in accordance  with  Council  Directive
91/496/EEC as a border inspection post for veterinary checks on registered horses, shall at no time between departure and arrival at  destination
call into a port situated on the territory or part of the territory of a third country  not  approved  for  imports  into  the  Ö Community Õ  of
equidae. The master of the vessel shall provide proof of compliance with these conditions by completing the declaration included in Annex II.

                                                                     ________

                                            ê 2003/541/EC Art. 3.2 and Annex IV

                                                                     ANNEX II

                                                                      [pic]

                                                                     ________

                                            é

                                                                    ANNEX III

                                                 Repealed Decision with its successive amendments

|Commission Decision 97/10/EC                                                        |                                                |
|(OJ L 3, 7.1.1997, p. 9)                                                            |                                                |
|Commission Decision 2001/622/EC                                                     |Only Article 2 and the Annex                    |
|(OJ L 216, 10.8.2001, p. 26)                                                        |                                                |
|Commission Decision 2003/541/EC                                                     |Only Article 3 and Annexes III and IV           |
|(OJ L 185, 24.7.2003, p. 41)                                                        |                                                |
|Commission Decision 2004/117/EC                                                     |Only Article 3 and Annex III                    |
|(OJ L 36, 7.2.2004, p. 20)                                                          |                                                |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Decision 97/10/EC                                                    |This Decision                                                        |
|Article 1                                                            |Article 1                                                            |
|Articles 2 to 5                                                      |________                                                             |
|________                                                             |Article 2                                                            |
|Article 6                                                            |Article 3                                                            |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |_______                                                              |
|Annex III                                                            |_______                                                              |
|Annex IV                                                             |Annex II                                                             |
|________                                                             |Annex III                                                            |
|________                                                             |Annex IV                                                             |

                                                                     ________

                                                             -----------------------
[1]   OJ L 224, 18. 8. 1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.04.2004, p. 320, corrected version  in  OJ  L
      226, 25.6.2004, p. 128).
[2]   OJ L 3, 7.1.1997, p. 9. Decision as last amended by Decision 2004/117/EC (OJ L 36, 7.2.2004, p. 20).
[3]   See Annex III.
[4]   OJ L 73, 11.3.2004, p. 1.