This Directive shall apply to intra-Community trade in bovine animals and swine with the exception of feral pigs as defined in Article 2 (e) of Directive 80/217/EEC(4) without prejudice to the provisions laid down in Directives 80/215/EEC(5), 85/511/EEC, 88/407/EEC(6), 89/608/EEC(7), 90/425/EEC, 90/429/EEC(8), 90/667/EEC(9), 91/496/EEC, 91/628/EEC(10), 92/102/EEC(11), 92/119/EEC and Decision 90/424/EEC(12).
Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (64/432/EEC)
Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (64/432/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee(2);
Whereas Council Regulation No 20 on the progressive establishment of a common organisation of the market in pigmeat(3) is already in force and a similar regulation is to be adopted for beef and veal and whereas these regulations also concern trade in live animals;
Whereas Regulation No 20 substitutes for the numerous traditional means of protection at the frontier a single system designed in particular to facilitate intra-Community trade; whereas the regulation to be adopted for beef and veal is also designed to eliminate obstacles to such trade;
Whereas, so long as intra-Community trade in bovine animals and swine is hindered by differences between the health requirements of Member States, the implementation of the above-mentioned regulations will not have the desired effect;
Whereas, to eliminate those differences, measures must be taken within the framework of the common agricultural policy and in line with regulations already adopted or in preparation on the progressive establishment of a common organisation of markets; whereas the animal health provisions of Member States must therefore be approximated;
Whereas the right of Member States under Article 36 of the Treaty to continue to apply prohibitions or restrictions on imports, exports or goods in transit justified on grounds of the protection of health and life of humans and animals nevertheless does not exempt them from the obligation to approximate the provisions on which those prohibitions and restrictions are based, in so far as the differences between those provisions hinder the implementation and functioning of the common agricultural policy;
Whereas, in the context of such approximation, the exporting country must be required to ensure that bovine animals and swine for breeding, production or slaughter intended for intra-Community trade, the places from which those animals come and are shipped and the means of transport used satisfy certain animal health requirements so as to ensure that the animals are not a source of contagious or infectious disease;
Whereas, so that Member States may be sure that these requirements are satisfied, provision must be made for the issue by an official veterinarian of a health certificate which will accompany the animals to their destination;
Whereas Member States must have the right to prohibit the introduction into their territory of bovine animals and swine if they are found to be suffering or are suspected of suffering from a contagious or infectious disease, if they may spread such disease without actually suffering from it or if they do not comply with Community animal health provisions;
Whereas there is no reason to allow Member States to prohibit the introduction of bovine animals and swine into their territory for reasons other than those of animal health and whereas, therefore, the consignor should at his own request or upon request of his representative be allowed to return the animals to the country of export unless there are reasons to the contrary;
Whereas, in case of prohibition or restriction, the reasons therefor should be made known to the consignor of the animals or his representative and to the competent central authority of the country of export so that they be aware of the reasons why such measures were imposed;
Whereas in the event of dispute between himself and the authority of the Member State of destination as to the justification for prohibition or restriction, the consignor should be enabled to obtain the opinion of a veterinary expert whom he may select from a panel drawn up by the Commission;
Whereas in some cases and for certain categories of animals it appears that the general provisions of this Directive may be relaxed without involving any health risk, by allowing consignee Member States to grant general or special derogations;
Whereas, in certain fields presenting special problems, the provisions in Member States cannot be approximated until a more thorough study has been made;
Whereas a simplified amendement procedure may be provided for Annexes B to D since the rules contained in those Annexes are of a technical nature and liable to change; whereas the Commission should therefore be entrusted with making such amendments after consulting the Member States;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 2
1.
The definitions given in Article 2 of Directive 90/425/EEC and Article 2 of Directive 91/628/EEC shall apply.
2.
In addition the following definitions apply for the purposes of this Directive:
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herd means an animal or group of animals kept on a holding (within the meaning of Article 2 (b) of Directive 92/102/EEC) as an epidemiological unit; if more than one herd is kept on a holding, each of these herds shall form a distinct unit and shall have the same health status;
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animal for slaughter means a bovine animal (including the species Bison bison and Bubalus bubalus) or swine intended to be taken to a slaughterhouse or assembly centre from which it may only move to slaughter;
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animals for breeding or production means bovine animals (including the species Bison bison and Bubalus bubalus) and swine other than those referred to in (b), including those intended for breeding, milk or meat production, or draft purposes, shows or exhibition with the exception of animals taking part in cultural and sporting events;
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officially tuberculosis-free bovine herd means a bovine herd which satisfies the conditions laid down in Annex A.I, paragraphs 1 and 2;
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officially tuberculosis-free Member State or region of a Member State means a Member State or part of a Member State which satisfies the conditions laid down in Annex A.I, paragraphs 4 and 5;
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officially brucellosis-free bovine herd means a bovine herd which satisfies the conditions laid down in Annex A.II, paragraphs 1 and 2;
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officially brucellosis-free region means a region of a Member State which satisfies the conditions laid down in Annex A.II, paragraphs 7, 8 and 9;
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officially brucellosis-free Member State means a Member State which satisfies the conditions laid down in Annex A.II, paragraphs 7, 8 and 9;
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brucellosis-free bovine herd means a bovine herd which satisfies the conditions laid down in Annex A.II, paragraphs 4 and 5;
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officially enzootic-bovine-leukosis-free herd means a herd which satisfies the conditions laid down in Annex D, Chapter I, Sections A and B;
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officially enzootic-bovine-leukosis-free Member State or region means a region or Member State which meets the requirements laid down in Annex D, Chapter I, Sections E and F;
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official veterinarian means the veterinarian appointed by the competent authority of the Member State;
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approved veterinarian means any veterinarian approved by the competent authority in accordance with the provisions of Article 14 (3) (B);
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compulsorily notifiable diseases means the diseases listed in Annex E (I);
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assembly centre means holdings, collection centres and markets, at which bovine animals or swine originating from different holdings are grouped together to form consignments of animals intended for trade. These assembly centres must be approved for trading purposes and meet the requirements laid down in Article 11;
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region means that part of a Member State's territory which is at least 2 000 km2 in area and which is subject to inspection by the competent authorities and includes at least one of the following administrative regions:
Belgium:
province —provincie
Germany:
Regierungsbezirk
Denmark:
amt or island
France:
département
Italy:
provincia
Luxemburg
—
Netherlands:
rrv-kring
United Kingdom:
England, Wales and Northern Ireland: county
Scotland: district or island area
Ireland:
county
Greece:
νομός
Spain:
provincia
Portugal:
continente: distrito, and other parts of Portugal's territory: região autónoma
Austria:
Bezirk
Sweden:
län
Finland:
lääni/län;
Czech Republic:
kraj
Estonia:
maakond
Cyprus:
επαρχία (district)
Latvia:
rajons
Lithuania:
apskritis
Hungary:
megye
Malta:
—
Poland:
powiat
Slovenia:
območje
Slovakia:
kraj ;
Bulgaria:
област
Romania:
județ;
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dealer means any natural or legal person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within a maximum of 30 days of purchasing animals resells them or relocates them from the first premises to other premises not within his ownership and meets the conditions laid down in Article 13.
Article 3
1.
Each Member State shall ensure that only animals that fulfil the relevant conditions laid down in this Directive are sent from its territory to that of another Member State.
2.
Bovine animals and swine covered by this Directive must:
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be subjected:
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to an identity check, and
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to a clinical inspection within 24 hours of departure by an official veterinarian and show no clinical sign of disease;
-
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not have been obtained from a holding or an area which for health reasons is subject to prohibition or restriction affecting the species involved in accordance with Community and/or national legislation;
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be identified as provided for in Directive 92/102/EEC;
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be identified in accordance with the provisions of Directive 92/102/EEC, in the case of swine and in accordance with the provisions of Regulation (EC) No 1760/2000 in the case of bovine animals;
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comply with the provisions of Articles 4 and 5.
Article 4
1.
Bovine animals and swine covered by this Directive must at no time between leaving the holding of origin and arriving at destination come into contact with cloven-hoofed animals other than animals that have the same health status.
2.
Bovine animals and swine covered by this Directive must be transported in means of transport meeting the requirements of Directive 91/628/EEC and in addition the requirements of Article 12.
3.
Rules for the approval of sites where cleansing and disinfection may be carried out shall be determined in accordance with the procedure set out in Article 17.