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31980L0215

Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products

Official Journal L 047 , 21/02/1980 P. 0004 - 0007 Finnish special edition: Chapter 3 Volume 11 P. 0206  Greek special edition: Chapter 03 Volume 27 P. 0240  Swedish special edition: Chapter 3 Volume 11 P. 0206  Spanish special edition: Chapter 03 Volume 17 P. 0116  Portuguese special edition Chapter 03 Volume 17 P. 0116

COUNCIL DIRECTIVE  of 22 January 1980  on animal health problems affecting intra-Community trade in meat products  (80/215/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  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),  Whereas Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (2) has been applicable since 1 July 1979;  Whereas the implementation of the above Directive will not have the desired effect so long as intra-Community trade is hindered by differences between the health requirements of Member States concerning meat products ; whereas, in particular with a view to eliminating these differences, common provisions should be laid down in this field;  Whereas, in order to avoid the spread of epizootic diseases by means of meat products it should be laid down that the meat from which some of the said meat products are manufactured should comply with the health provisions applicable to fresh meat;  Whereas care should be taken that meat products which do not comply with Community rules are not given the health mark provided for in those rules;  Whereas when meat products have been treated in such a way as to destroy all germs of diseases which may be passed on to animals, such treatment should be mentioned on the health certificate which accompanies the products concerned;  Whereas the Member States must have the right to refuse the entry into free circulation in their territory of meat products which have been found to contain germs of a contagious or infectious disease or which do not comply with Community health provisions;  Whereas the consignor should at his own request or at that of a representative be allowed to have the meat products returned to him unless there are health grounds for not doing so;  Whereas, in order to enable those concerned to appreciate the basis for any prohibition or restriction imposed, the reasons for such prohibition or restriction should be brought to the notice of the consignor or his representative and, in certain cases, the competent authorities of the consigning country;  Whereas the consignor should be afforded the opportunity of requesting the opinion of a veterinary expert in the event of a dispute between the consignor and the authorities of the country of destination as to whether a prohibition or restriction is justified;  Whereas the Member States must have the right to prohibit the introduction into their territory of certain meat products from a Member State where an epizootic disease has broken out ; whereas, depending on the nature and character of this epizootic disease, such a prohibition may either be limited to meat products coming from a part of the territory of the exporting country, or extended to the whole of that territory ; whereas, in the event of an outbreak of a contagious or infectious disease in the territory of a Member State appropriate measures must be taken rapidly to control it ; whereas the dangers inherent in such diseases and the requisite protective measures should be viewed in the same light throughout the Community;  Whereas, to facilitate the implementation of the provisions envisaged, a procedure should be laid down establishing close cooperation between the Member States and the Commission within the Standing Veterinary Committee set up by the Council Decision of 15 October 1968 (3),  (1)OJ No C 114, 11.11.1971, p. 40. (2)OJ No L 26, 31.1.1977, p. 85. (3)OJ No L 255, 28.10.1968, p. 23.   HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive lays down animal health requirements for intra-Community trade in meat products.   Article 2 For the purposes of this Directive, the definitions contained in Article 2 of Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (1), as amended by Directive 78/54/EEC (2), and in Article 2 of Directive 77/99/EEC shall apply where relevant.  Products which have been subjected to natural fermentation and maturation for a long period shall be regarded as having undergone complete treatment until the Council, acting unanimously on a proposal by the Commission, amends the limits given in Annex A, Chapter V (27) (b) to Directive 77/99/EEC.   Article 3 Each Member State shall ensure that meat products intended for intra-Community trade are prepared from or with:    - fresh meat as defined in Article 1 of Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (3), as last amended by Directive 75/379/EEC (4), and fulfilling the animal health requirements of Articles 3 and 4 of Directive 72/461/EEC,       - fresh meat as defined in Article 2 (a) of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (5), as last amended by Directive 77/98/EEC (6), and complying with the animal health requirements of Directive 72/462/EEC.          Article 4 1. By way of derogation from the first indent of Article 3, and subject to the application of paragraph 2, meat products may be intended for intra-Community trade, which are prepared in whole or in part from or with fresh meat as defined in Article 1 of Directive 64/433/EEC which fulfils the requirements laid down by Article 5a of Directive 72/461/EEC, may enter intra-Community trade if they have also undergone one of the following forms of treatment:    (a) heat treatment in a hermetically sealed container, with an Fc value of 3  7 00 or more;       (b) where the fresh meat has been obtained from animals which do not come from an infected holding subject to prohibition measures pursuant to Article 3 (2) (b) of Directive 64/432/EEC:      (i) heat treatment different from that referred to in (a) in which the internal temperature is raised to at least 70 ºC, or           (ii) treatment consisting in natural fermentation and maturation of not less than nine months for boned or boneless hams weighing not less than 5 75 kg and having the following characteristics:        - aw value of not more than 0 793,               - pH value of not more than 6.                                   2. Each Member State shall ensure that:    (a) the fresh meat referred to in paragraph 1 is:      (i) transported and stored separately from, or not at the same time as, the fresh meat referred to in Article 3,           (ii) used in such a way as to avoid it being introduced into meat products intended for intra-Community trade other than those indicated in paragraph 1;                  (b) the health certificate specified in Annex A, Chapter VIII of Directive 77/99/EEC contains, without prejudice to footnote (3) of that certificate, the following words under the heading "Nature of products" : "Treated in accordance with Article 4 (1) of Directive 80/215/EEC".          Article 5 1. Member States shall ensure that meat products which do not fulfil the requirements of Articles 3 and 4 are not given the health mark provided for in Directive 77/99/EEC, Annex A, Chapter VII.  2. The country of destination may prohibit the entry of meat products into circulation in its territory  (1)OJ No L 302, 31.12.1972, p. 24. (2)OJ No L 16, 20.1.1978, p. 22. (3)OJ No 121, 29.7.1964, p. 2012/64. (4)OJ No L 172, 3.7.1975, p. 17. (5)OJ No L 302, 31.12.1972, p. 28. (6)OJ No L 26, 31.1.1977, p. 81.  if it has been established that Articles 3 and 4 have not been complied with.  3. In such case, the country of destination must, at the request of the consignor or his representative, authorize the return of the whole consignment of meat products, provided that this is not contrary to animal health considerations.  4. The competent authority of the country of destination may order the consignment to be destroyed at the expense of the consignor, the consignee or their representative without indemnification by the State, where entry into circulation is prohibited pursuant to paragraph 2 and where the exporting country or country of transit, as the case may be, does not authorize return of the consignment.  5. The decisions taken by the competent authority under paragraphs 2, 3 and 4 must be communicated to the consignor or his representative, together with the reasons for such decisions. Where the consignor or his representative so requests, these decisions and the grounds on which they have been taken must be communicated to him forthwith in writing with an indication of the remedies for which current legislation makes provision, their forms and the time limits within which they are open. The decisions must also be communicated to the competent central authority of the exporting country.   Article 6 1. This Directive shall not affect the remedies for which legislation current in Member States makes provision against the decisions of the competent authorities referred to in this Directive.  2. In the case of meat products which may not enter circulation pursuant to Articles 3 and 4, each Member State shall grant consignors the right to obtain the opinion of a veterinary expert.  Each Member State shall ensure that, before the competent authorities take any other measures such as destroying the meat products, the veterinary expert has an opportunity of determining whether the conditions of Articles 3 and 4 have been fulfilled.  The veterinary expert must be a national of a Member State other than the exporting country or the country of destination.  Acting on a proposal from the Member States, the Commission shall draw up a list of the veterinary experts who may be instructed to formulate such opinions. After consulting the Member States, it shall lay down the general rules which are to be applied, in particular as regards the procedure for formulating these opinions.   Article 7 1. A Member State may take the following measures if there is a danger that animal diseases may be spread by the introduction of meat products from another Member State into its territory:    (a) in the event of an outbreak of classical foot and mouth disease, classical swine fever or Teschen disease in the other Member State, the introduction of products prepared from the meat of animals which are susceptible to these diseases, other than products which have undergone one of the treatments referred to in Article 4 (1), may be temporarily prohibited or restricted from those parts of the territory of the Member State in which the disease has appeared;       (b) if an epizootic disease becomes widespread or if there is an outbreak of another serious and contagious or infectious animal disease, the introduction from the entire territory of that State, of products prepared from the meat of animals which are susceptible to these diseases may be temporarily prohibited or restricted.         2. Each Member State must notify the other Member States and the Commission without delay of the outbreak in its territory of any disease referred to in paragraph 1 and of the measures it has taken to combat it. It must also notify them without delay of the disappearance of the disease.  3. Measures taken by a Member State under paragraph 1, and repeal thereof, must be communicated without delay to the other Member States and to the Commission, together with the reasons for such action.  It may be decided, according to the procedure laid down in Article 8, that these measures should be amended, in particular to ensure coordination with those adopted by the other Member States, or abolished.  4. If the situation provided for in paragraph 1 arises and if it seems necessary that other Member States should also apply the measures taken pursuant to the said paragraph, together with any amendments made in accordance with paragraph 3, the appropriate provisions shall be adopted according to the procedure defined in Article 8.  5. In drawing up the amendments referred to in the second subparagraph of paragraph 3, or the provisions referred to in paragraph 4, a decision may be taken in accordance with the same procedure to adapt them in the light of the disease in question, the treatments that the products concerned have undergone, the date on which the meat used was obtained and the processing period.    Article 8 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Veterinary Committee (hereinafter called "the Committee"), set up by the Council Decision of 15 October 1968, by its chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission representative shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on the measures within two days. Opinions shall be delivered by a majority of 41 votes.  4. Where the measures are in accordance with the opinion of the Committee, the Commission shall adopt them and shall apply them immediately. Where they are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within 15 days of the date on which the proposal was submitted to it, the Commission shall adopt the measures proposed and shall apply them immediately, save where the Council has decided against them by a simple majority.   Article 9 Article 8 shall apply until 21 June 1981.   Article 10 Acting unanimously on a proposal from the Commission, the Council shall, before 1 July 1980, decide on any provisions concerning swine fever to be inserted into this Directive with respect to certain products in the light of the solutions adopted on intra-Community trade in fresh pigmeat.   Article 11 1. Acting on a proposal from the Commission, the Council shall lay down the animal health requirements applicable to intra-Community trade in fresh poultrymeat and to imports of such poultrymeat from third countries.  2. Pending the entry into force of the Community provisions referred to in paragraph 1, national animal health provisions concerning the import of meat products prepared in part or in whole from or with fresh poultrymeat shall remain applicable while complying with the general provisions of the Treaty.   Article 12 Until the implementation of Community animal health Directives concerning imports of meat products other than those referred to in Article 11 (2) from third countries, national provisions applicable to the import of these products shall not be more favourable than those which result from this Directive.   Article 13 The Member States shall bring into force the measures necessary to comply with:    - the second indent of Article 3, on the date provided for in the second subparagraph of Article 32 (2) of Directive 72/462/EEC,       - the other provisions of this Directive, by 31 December 1980 at the latest,         and shall forthwith inform the Commission thereof.   Article 14 This Directive is addressed to the Member States.     Done at Brussels, 22 January 1980.  For the Council  The President  G. MARCORA


Avis juridique important

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31970L0359

Council Directive 70/359/EEC of 13 July 1970 making a fifth amendment to the Council Directive of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 157 , 18/07/1970 P. 0038 - 0039 Finnish special edition: Chapter 13 Volume 1 P. 0150  Danish special edition: Series I Chapter 1970(II) P. 0379  Swedish special edition: Chapter 13 Volume 1 P. 0150  English special edition: Series I Chapter 1970(II) P. 0436  Greek special edition: Chapter 03 Volume 5 P. 0137  Spanish special edition: Chapter 13 Volume 1 P. 0232  Portuguese special edition Chapter 13 Volume 1 P. 0232

COUNCIL DIRECTIVE of 13 July 1970 making a fifth amendment to the Council Directive of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption (70/359/EEC)   THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Whereas under Article 8 (2) of the Council Directive of 5 November 1963 1 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption, as last amended by the Council Directive of 20 December 1968 2 the Commission was authorised, after consulting the Member States, to establish the methods of analysis needed to verify that the criteria of purity which preservatives must satisfy are in fact satisfied;  Whereas the Commission should be entrusted with the task of determining the procedure for taking samples and the methods for the qualitative and quantitative analysis of preservatives in and on foodstuffs;  Whereas it is desirable that for all cases where the Council empowers the Commission to implement rules relating to foodstuffs, a procedure should be provided for establishing close co-operation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by the Council Decision of 13 November 1969 3;  HAS ADOPTED THIS DIRECTIVE:     Article 1 The Council Directive of 5 November 1963 shall be amended in accordance with the provisions of Articles 2 and 3.    Article 2 The following shall be substituted for Article 8 (2):  "2. The procedure laid down in Article 8a shall be used to establish:    - the methods of analysis needed to verify that the general and specific criteria of purity referred to in Article 7 of this Directive are satisfied;       - the procedure for taking samples and the methods for the qualitative and quantitative analysis of preservatives in and on foodstuffs."           Article 3 The following provisions shall be inserted after Article 8:  "Article 8a   1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee for Foodstuffs (hereinafter called the "Committee") set up by the Council Decision of 13 November 1969.    2. The representative of the Commission shall submit to the Committee a draft of the  1OJ No 12, 27.1.1964, p. 161/64. 2OJ No L 309, 24.12.1968, p. 25. 3OJ No L 291, 19.11.1969, p. 9.   measures to be adopted. The Committee shall deliver its Opinion on the draft within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.    3.      (a) The Commission shall adopt the measures envisaged where they are in accordance with the Opinion of the Committee.           (b) Where the measures envisaged are not in accordance with the Opinion of the Committee or if no Opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.           (c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.    "Article 8b  The provisions of Article 8a shall apply for eighteen months from the date on which a matter was first referred to the Committee either under Article 8a (1) or under any other corresponding provision."    Article 4  This Directive is addressed to the Member States.       Done at Brussels, 13 July 1970.  For the Council  The President  J. ERTL


Avis juridique important

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31975L0129

Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies

Official Journal L 048 , 22/02/1975 P. 0029 - 0030 Greek special edition: Chapter 05 Volume 2 P. 0044  Spanish special edition: Chapter 05 Volume 2 P. 0054  Portuguese special edition Chapter 05 Volume 2 P. 0054  Finnish special edition: Chapter 5 Volume 1 P. 0185  Swedish special edition: Chapter 5 Volume 1 P. 0185

COUNCIL DIRECTIVE  of 17 February 1975  on the approximation of the laws of the Member States relating to collective redundancies  (75/129/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 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 it is important that greater protection should be afforded to workers in the event of collective redundancies while taking into account the need for balanced economic and social development within the Community;  Whereas, despite increasing convergence, differences still remain between the provisions in force in the Member States of the Community concerning the practical arrangements and procedures for such redundancies and the measures designed to alleviate the consequences of redundancy for workers;  Whereas these differences can have a direct effect on the functioning of the common market;  Whereas the Council resolution of 21 January 1974 (3) concerning a social action programme makes provision for a Directive on the approximation of Member States' legislation on collective redundancies;  Whereas this approximation must therefore be promoted while the improvement is being maintained within the meaning of Article 117 of the Treaty,  HAS ADOPTED THIS DIRECTIVE:    SECTION I Definitions and scope  Article 1 1. For the purposes of this Directive:    (a) "collective redundancies" means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is:   -  either, over a period of 30 days:      (1) at least 10 in establishments normally employing more than 20 and less than 100 workers;           (2) at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers;           (3) at least 30 in establishments normally employing 300 workers or more;             - or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question;       (b) "workers" representatives' means the workers' representatives provided for by the laws or practices of the Member States.         2. This Directive shall not apply to:    (a) collective redundancies affected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts;       (b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies);       (c) the crews of sea-going vessels;       (d) workers affected by the termination of an establishment's activities where that is the result of a judicial decision.         SECTION II Consultation procedure   Article 2 1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers' representatives with a view to reaching an agreement.  (1)OJ No C 19, 12.4.1973, p. 10. (2)OJ No C 100, 22.11.1973, p. 11. (3)OJ No C 13, 12.2.1974, p. 1.   2. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and mitigating the consequences.  3. To enable the workers' representatives to make constructive proposals the employer shall supply them with all relevant information and shall in any event give in writing the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.  The employer shall forward to the competent public authority a copy of all the written communications referred to in the preceding subparagraph.  SECTION III Procedure for collective redundancies   Article 3 1. Employers shall notify the competent public authority in writing of any projected collective redundancies.  This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.  2. Employers shall forward to the workers' representatives a copy of the notification provided for in paragraph 1.  The workers' representatives may send any comments they may have to the competent public authority.   Article 4 1. Projected collective redundancies notified to the competent public authority shall take effect not earlier than 30 days after the notification referred to in Article 3 (1) without prejudice to any provisions governing individual rights with regard to notice of dismissal.  Member States may grant the competent public authority the power to reduce the period provided for in the preceding subparagraph.  2. The period provided for in paragraph 1 shall be used by the competent public authority to seek solutions in the problems raised by the projected collective redundancies.  3. Where the initial period provided for in paragraph 1 is shorter than 60 days, Member States may grant the competent public authority the power to extend the initial period to 60 days following notification where the problems raised by the projected collective redundancies are not likely to be solved within the initial period.  Member States may grant the competent public authority wider powers of extension.  The employer must be informed of the extension and the grounds for it before expiry of the initial period provided for in paragraph 1.  SECTION IV Final provisions   Article 5 This Directive shall not affect the right of Member States to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers.   Article 6 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within two years following its notification and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive.   Article 7 Within two years following expiry of the two year period laid down in Article 6, Member States shall forward all relevant information to the Commission to enable it to draw up a report for submission to the Council on the application of this Directive.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 17 February 1975.  For the Council  The President  R. RYAN


title: Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (Text with EEA relevance.)

text:
               30.4.2004

               EN

               Official Journal of the European Communities

               L 139/321

         COUNCIL DIRECTIVE 2004/68/EC
   of 26.4.2004
   laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 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 European Economic and Social Committee (2),
   Having regard to the Opinion of the Committee of the Regions (3),
   Whereas:

               (1)

               Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4) ensures a high level of animal health protection by laying down the general sanitary requirements for certain imports from third countries.

               (2)

               It is necessary to rationalise and update the animal health provisions concerning international trade in animals provided for in Directive 72/462/EEC due to the evolution of the international standards of the Office International des Epizooties (OIE) and the adoption by this Office of new standards, together with their implications in the framework of the World Trade Organisation (WTO) and its Agreement on the Application of Sanitary and Phytosanitary Measures.

               (3)

               In addition, Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (5) replaces the requirements for meat and meat products provided for in Directive 72/462/EEC. It is therefore necessary and appropriate to lay down similar and updated animal health provisions for imports of live ungulate animals into the Community in this Directive.

               (4)

               In order to protect animal health, these new provisions should be extended to cover other ungulate animals that may present a similar risk of disease transmission. However, their application to such animals should be without prejudice to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (6).

               (5)

               Under Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (7), imports into the Community of equidae are allowed only from third countries appearing on a list drawn up in accordance with Directive 72/462/EEC. The provisions for establishing lists of third countries for imports of such equidae should be included in Directive 90/426/EEC.

               (6)

               Scientific knowledge concerning the susceptibility and testing of certain animals to diseases changes regularly. A procedure should therefore be established so that the scope of the list of animal species and the diseases to which they are susceptible can be rapidly updated in response to such developments.

               (7)

               In the interests of animal welfare and consistency of Community legislation, the general requirements of Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (8), in particular as regards watering and feeding should be taken into account in this Directive.

               (8)

               In the interests of the protection of animal health and consistency of Community legislation, Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (9) should also be taken into account.

               (9)

               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 on the Commission (10).

               (10)

               The public health and official control rules which apply to meat and meat products by virtue of Directive 72/462/EEC have been replaced by those of Regulation (EC) No /of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (11), which should apply as from 1 January 2006. The other rules of the said Directive have been replaced by Directive 2002/99/EC, the provisions of which apply as from 1 January 2005, or will be replaced by those of this Directive.

               (11)

               Directive 72/462/EEC should therefore be repealed when all the texts replacing the provisions thereof will be applicable.

               (12)

               It is necessary, however, in the interest of clarity of Community legislation, to repeal certain Decisions that are no longer applicable and at the same time to provide for certain implementing rules to remain in force until the necessary measures have been adopted under the new legal framework.

               (13)

               In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of protecting animal health to lay down rules on the conditions for the importation of live ungulate animals. This Directive does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.

               (14)

               Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (12), establishes new committee procedures and terminology. In the interests of consistency of Community legislation, those procedures and terminology should be taken into account in this Directive.

               (15)

               Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (13) lays down the conditions for the importation into the Community of ungulate animals other than domestic bovine, ovine, caprine, porcine and equine animals, and provides for a list to be laid down of third countries from which Member States may import such animals as well as the health requirements to be met. This Directive should be amended in order to exclude from its scope the animal species covered by the present act.

               (16)

               It is also appropriate to provide that the testing requirements upon importation of live animals covered by Directive 92/65/EEC should be updated or established by committee procedure.

               (17)

               Directives 90/426/EEC and 92/65/EEC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Chapter I
   Subject matter, scope and definitions

      Article 1

   Subject matter and scope
   This Directive lays down the animal health requirements for the importation into and transit through the Community of live ungulates.

      Article 2

   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               "third countries" shall mean countries other than Member States, and those territories of Member States to which Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (14) and 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 (15) do not apply;

               (b)

               "authorised third country" shall mean a third country, or a part of a third country, from which the importation into the Community of live ungulate animals listed in Annex I is authorised as provided for in Article 3(1);

               (c)

               "official veterinarian" shall mean a veterinarian authorised by the veterinary administration of a third country to perform health inspections of live animals, and to perform official certification;

               (d)

               "ungulates" shall mean those animals listed in Annex 1.

         Chapter II
   Animal health requirements applicable to imports into the community of certain live ungulate animals

      Article 3

   Authorised third countries
   1.   The importation of live ungulates into and transit through the Community shall only be authorised from third countries that appear on a list or lists to be drawn up or amended in accordance with the procedure referred to in Article 14(2).
   Taking into account the health situation and the guarantees provided by the third country for the animals listed in Annex I, it may be decided in accordance with the procedure referred to in Article 14(2), that the authorisation provided for in the preceding subparagraph shall apply to the whole territory of an authorised 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 authorised 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.
   2.   The authorisation for importation of live ungulates into or transiting through the Community as provided for in paragraph 1 and the specific animal health conditions provided for in Article 6(3) may be suspended or withdrawn in accordance with the procedure referred to in Article 14(2) where the animal health situation in the authorised third country justifies such suspension or withdrawal.

      Article 4

   Preparation of the lists of authorised third countries
   When the lists of authorised third countries are drawn up or amended, particular account shall be taken of:

               (a)

               the health status of livestock, 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 the 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;

               (e)

               whether the third country is a member of the OIE and the regularity and rapidity of the information supplied by the third country relating to the existence of infectious or contagious animal diseases in its territory, in particular those diseases listed by the OIE;

               (f)

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

                           (i)

                           within 24 hours of the confirmation of the occurrence of any of the diseases listed in Annex II and of any change in the vaccination policy concerning such diseases;

                           (ii)

                           within an appropriate period, of any proposed changes in the national health rules concerning live ungulate animals, in particular regarding importation;

                           (iii)

                           at regular intervals, of the animal health status of its territory;

               (g)

               any experience of previous imports of live animals 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 the importation from other third countries.

      Article 5

   Publication of lists of authorised third countries by the Commission
   The Commission shall arrange for up-to-date versions of all lists drawn up or amended as provided for in Article 3(1) to be made available to the public. Those lists may be combined with other lists drawn up for animal and public health purposes and may also include models of health certificates.

      Article 6

   Specific animal health conditions for imports and transit from authorised third countries of live ungulates into the Community
   1.   Specific animal health conditions for the importation and transit of live ungulates from authorised third countries into the Community shall be laid down in accordance with the procedure referred to in Article 14(2).
   They may take account of the following:

               (a)

               the animal species concerned;

               (b)

               the age and sex of the animals;

               (c)

               the intended destination or purpose of the animals;

               (d)

               the measures to be applied after importation of the animals into the Community;

               (e)

               any special provisions applicable in the framework of intra-Community trade.

         2.   The specific animal health conditions provided for in paragraph 1 shall be based on the rules laid down in Community legislation for the diseases to which the animals are susceptible.
   3.   However, where the equivalence of the official health guarantees provided for by the third country concerned can be formally recognised by the Community, the specific animal health conditions may be based on those guarantees.

      Article 7

   Guarantees from the authorised third country regarding imports of live ungulates into the Community
   Imports of live ungulates into the Community shall be allowed only if the authorised third country provides the following guarantees:

               (a)

               the animals must come from a disease-free territory, in accordance with the basic general criteria listed in Annex II and into which the entry of animals vaccinated against the diseases listed in that Annex must be prohibited;

               (b)

               the animals must comply with the specific animal health conditions provided for in Article 6;

               (c)

               before the day of loading for shipment to the Community, the animals must have remained in the territory of the authorised third country for a period of time to be set out in the specific animal health conditions referred to in Article 6;

               (d)

               before shipment to the Community, the animals must have undergone a check by an official veterinarian to ensure mat they are healthy and that the transport conditions provided for in Directive 91/628/EEC are complied with, in particular as regards watering and feeding;

               (e)

               the animals must be accompanied by a veterinary certificate which complies with Article 11 and with a specimen veterinary certificate established in accordance with the procedure referred to in Article 14(2). Provision may be made for the use of electronic documents under the same procedure;

               (f)

               upon arrival in the Community, the animals must be checked at an agreed border inspection post in accordance with Article 4 of Directive 91/496/EEC.

      Article 8

   Derogation from guarantees to be provided by authorised third countries
   By way of derogation from Articles 6 and 7, specific provisions, including model veterinary certificates, may be laid down in accordance with the procedure referred to in Article 14(2) for the importation or transit of live ungulates from third countries authorised under Article 3(1) if those animals:

               (a)

               are intended exclusively for grazing or draught purposes, on a temporary basis, in the vicinity of the Community frontiers;

               (b)

               are related to sporting events, circuses, shows and exhibitions but not related to commercial transactions of the animals themselves;

               (c)

               are intended for a zoo, an amusement park, an experimental laboratory, or as defined in Article 2(c) of Directive 92/65/EEC, approved body, approved institute or approved centre;

               (d)

               exclusively transit the territory of the Community through approved Community border inspection posts under customs and official veterinary approval and supervision, with no stop in the Community other than those necessary for animal welfare purposes;

               (e)

               accompany their owners as pet animals or;

               (f)

               are presented at an approved Community border inspection post after they have left the Community:

                           —

                           within a period of 30 days for one of the purposes referred to in points (a), (b) and (e) or,

                           —

                           transiting a third country or;

               (g)

               which belong to endangered species.

      Article 9

   Derogation from Article 7(a) as regards imports or transit from authorised third countries where diseases listed in Annex II are present and/or vaccinations are carried out
   By way of derogation from Article 7(a), and in accordance with the procedure referred to in Article 14(2), conditions may be established for the importation or transit of live ungulates into the Community from an authorised third country where certain diseases listed in Annex II are present and/or vaccinations against those diseases are carried out. Such derogations shall be established country by country.

      Article 10

   Derogation from Article 7(a) as regards imports or transit from authorised third countries where imports or transit have been suspended or prohibited
   By way of derogation from Article 7(a), and in accordance with the procedure referred to in Article 14(2), a specific period may be determined after which the importation or transit of live ungulates from an authorised third country may be resumed after the suspension or prohibition of importation or transit due to any change in the health situation, together with any additional conditions to be fulfilled after such resumption.
   When deciding to resume the importation or transit of such animals, account shall be taken of:

               —

               international standards,

               —

               whether an outbreak or a number of epizootiologically interrelated outbreaks of one of the diseases listed in Annex II occurs within a geographically limited area in an authorised third country or region,

               —

               whether the outbreak or outbreaks are successfully eradicated within a limited period of time.

      Article 11

   Veterinary Certificates
   1.   A veterinary certificate complying with the requirements set out in Annex III shall be presented with each consignment of animals upon their import or transit into the Community.
   2.   The veterinary certificate shall certify that the requirements of this Directive and other Community legislation on animal health, or where applicable in accordance with Article 6(3), provisions that are equivalent to those requirements, have been complied with.
   3.   The veterinary certificate may include certification statements required under other Community legislation on public health, animal health and animal welfare.
   4.   The use of the veterinary certificate provided for in paragraph 1 may be suspended or withdrawn in accordance with the procedure referred to in Article 14(2) where the animal health situation in the authorised third country justifies such suspension or withdrawal.

      Article 12

   Inspections and audits in third countries
   1.   Inspections and/or audits may be carried out in third countries by experts from the Commission in order to verify conformity with or equivalence to Community animal health rules.
   The experts from the Commission may be accompanied by experts from the Member States authorised by the Commission to carry out such inspections and/or audits.
   2.   The inspections and/or audits provided for in paragraph 1 shall be carried out on behalf of the Community, and the Commission shall meet the costs incurred.
   3.   The procedure for carrying out the inspections and/or audits in third countries as provided for in paragraph 1 may be established or amended in accordance with the procedure referred to in Article 14(2).
   4.   If a serious animal health risk is identified during an inspection and/or audit as provided for in paragraph 1, even if it is not directly related to the objectives of the inspection/audit, the Commission shall immediately, take the measures necessary to safeguard animal health, as laid down in Article 18 of Directive 91/496/EEC, including the suspension or withdrawal of the authorisation provided for in Article 3(1).

      Article 13

   Empowering provisions
   1.   The following may be established in accordance with the procedure referred to in Article 14(2):

               (a)

               detailed rules for the application of this Directive;

               (b)

               rules regarding the origin of animals;

               (c)

               the criteria for classifying authorised third countries or regions thereof with regard to animal diseases;

               (d)

               provisions for the use of electronic documents relating to model veterinary certificates as provided for in Article 7(e);

               (e)

               models of veterinary certificates as provided for in Article 11(1).

         2.   The Annexes to this Directive may be amended in accordance with the procedure referred to in Article 14(2) in order to take account, in particular of:

               (a)

               scientific opinions and scientific knowledge particularly concerning new risk assessments;

               (b)

               technical developments and/or amendments to international standards;

               (c)

               the setting of safety targets for animal health.

      Article 14

   Committee procedure
   1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.
   3.   The Committee shall adopt its rules of procedure.

      Article 15

   Amendment to Directive 90/426/EEC
   Directive 90/426/EEC is hereby amended as follows:

               1)

               Article 12 shall be replaced by the following:
               "Article 12
               1.   The importation of equidae into the Community shall only be authorised from third countries that appear on a list or lists to be drawn up or amended in accordance with the procedure referred to in Article 24(2).
               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 24(2) that the authorisation provided for in the preceding subparagraph 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.
               2)   when the lists provided for in paragraph 1 are drawn up or amended, particular account shall be taken of:

                           (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;

                           (e)

                           whether the third country is a member of the "Office International des Epizooties" (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 A of this Directive;

                           (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 A 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 equida;

                           (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.

                     3.   The Commission shall arrange for up-to-date versions of all lists drawn up or amended as provided for in paragraph 1 to be made available to the public.
               Those lists may be combined with other lists drawn up for animal and public health purposes and may also include models of health certificates.
               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 24(2).
               5.   Detailed rules for the application of this Article and criteria for including third countries or parts of third countries in the lists provided for in paragraph 1 may be adopted in accordance with the procedure referred to in Article 24(2)."

               2)

               the following point shall be added to Article 19:

                           "(iv)

                           may designate a Community reference laboratory for one or more of the diseases of equidae listed in Annex A and shall stipulate the functions, tasks and procedures regarding collaboration with laboratories responsible for diagnosing infectious diseases of equidae in the Member States.".

      Article 16

   Amendment to Directive 92/65/EEC
   Directive 92/65/EEC is hereby amended as follows:

               1)

               the first subparagraph of Article 1 shall be replaced by the following:
               "This Directive lays down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to the animal health requirements laid down in the specific Community acts referred to in Annex F.".

               2)

               Article 6 shall be amended as follows:

                           (a)

                           in A(l), point (e) shall be replaced by;

                                       "(e)

                                       must be accompanied by a certificate corresponding to the specimen given in Annex E part 1, bearing the following declaration:
                                       Declaration
                                       I, the undersigned (official veterinarian), certify that the ruminant(s) (16)/suida(e) (16) other than that (16)/those (16) covered by Directive 64/432/EEC:

                                                   (i)

                                                   belong/belongs (16) to the;
                                                   (species)

                                                   (ii)

                                                   at the time of examination, do (16)/does (16) not show any clinical sign of any disease to which it (16)/they (16) is (16)/are (16) susceptible;

                                                   (iii)

                                                   come(s) from an officially tuberculosis free (16)/officially brucellosis free (16) or brucellosis free herd (16)/holding (16) not subject to swine fever restrictions or from a holding where it (16)/they (16) was (16)/were (16) subjected with negative results to the test(s) laid down in Article 6(2)(b) of Directive 92/65/EEC.

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                              (16)  Delete where inapplicable.;"

                           (b)

                           In A(l), point (f) shall be deleted;

                           (c)

                           in A(2), point (b) shall be replaced by:
                           "where they do not come from a herd meeting the conditions laid down in (a), they must come from a holding in which no case of brucellosis or tuberculosis has been recorded in the 42 days preceding loading of the animals and in which the ruminants have in the 30 days prior to dispatch undergone with negative results a test for brucellosis and tuberculosis.";

                           (d)

                           in A(3), points (e), (f) and (g) shall be deleted;

                           (e)

                           the following point shall be added to (A):

                                       "4)

                                       The testing requirements referred to in this Article and their criteria may be established in accordance with the procedure laid down in Article 26. These decisions shall take into consideration the case of ruminants reared in the arctic regions of the Community.
                                       Pending the decisions provided for in the preceding subparagraph, national rules shall continue to apply.";

               3)

               Article 17 shall be amended as follows:

                           (a)

                           in paragraph 3, points (a) and (b) shall be replaced by the following:

                                       "(a)

                                       a list of third countries or parts of third countries able to provide Member States and the Commission with guarantees equivalent to those provided for in Chapter II in relation to animals, semen, ova and embryos and,

                                       (b)

                                       without prejudice to Commission Decision 94/63/EC of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species (17), a list of the collection centres for which these third countries are able to give the guarantees provided for in Article 11."

                                 The Commission shall inform the Member States of any proposed amendments to the lists of centres and the Member States shall have ten working days, from the date of receipt of the proposed amendments, to send written comments to the Commission.
                           Where no written comments are received from the Member States within that period of ten working days, the proposed amendments shall be considered to have been accepted by the Member States and imports shall be authorised in accordance with the amended lists when the Commission notifies the competent authorities of the Member States and the third country concerned that the amendments are published on the web site of the Commission.
                           Where written comments are received from at least one Member State within the period of ten working days, the Commission shall inform the Member States and the Standing Committee on the Food Chain and Animal Health at its next meeting for a decision to be adopted in accordance with the procedure referred to in the second subparagraph of Article 26.

                              (17)  OJ L 28, 2.2.1994, p. 47. Decision as last amended by Decision 2004/211/EC";"

               4)

               in Article 23, the words "from Article 6 (A)(l)(e) and" shall be deleted;

               5)

               Article 26 shall be replaced by the following:
               "Article 26
               1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council. (18)

               2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
               The period laid down in Article 5(6) of Decision 1999/468/EC (19) shall be set at three months.
               3.   The Committee shall adopt its Rules of Procedure.

                  (18)  OJ L 31, 1.2.2002, p. 1."

                  (19)  OJ L 184, 17.7.1999, p. 23.";"

               6)

               The text in Annex IV to this Directive shall be added as Annex F.

         Chapter III
   Final provisions

      Article 17

   Transitional measures
   Transitional measures may be laid down in accordance with the procedure referred to in Article 14(2).

      Article 18

   Transposal into national law
   1.   Member States shall bring into force the laws, regulations, and administrative provisions necessary to comply with this Directive before (20). They shall forthwith inform the Commission thereof.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

      Article 19

   Repeal of Directive 72/462/EEC
   Directive 72/462/EEC shall be repealed with effect from the date of application of Regulation (21).

      Article 20

   Implementing rules established under Decisions adopted for the import of live animals, meat and meat products under Directive 72/462/EEC, as listed in Annex V to this Directive, shall remain in force until replaced by measures adopted under the new regulatory framework.

      Article 21

   Entry into force and applicability
   This Directive shall enter into force on the twentieth day following that of its publication in the OJ of the European Union.

      Article 22

   This Directive is addressed to the Member States.

      Done at Luxembourg, 26.4.2004

         For the Council
         The President
         J. WALSH

      (1)  OJ C

      (2)  OJ C

      (3)  OJ C

      (4)  OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (5)  OJ L 18, 23.1.2003, p. 11.

      (6)  OJ L 61,3.3.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (7)  OJ L 224, 18.8.1990, p. 42. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

      (8)  OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regulation (EC) No 806/2003.

      (9)  OJ L 268, 24.9.1991, p. 56. Directive as last amended by amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

      (10)  OJ L 184, 17.7.1999, p. 23.

      (11)  Note for OJ: Insert No and OJ.

      (12)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

      (13)  OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 198, 6.8.2003, p. 3).

      (14)  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Regulation (EC) No 806/2003.

      (15)  OJ L 224,18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

      (20)  18 months after the date of entry into force of this Directive.

      (21)  Note for OJ: Number of the Regulation referred to in recital 10.

      ANNEX I
      Animal species as referred to in Article 1

                  Taxon

                  Order

                  Family

                  Genera/Species

                  Artiodactyla

                  Antilocapridae

                  Antilocapra ssp.

                  Bovidae

                  Addax ssp.., Aepyceros ssp., Alcelaphus ssp., Ammodorcas ssp., Ammotragus ssp., Antidorcas ssp., Antilope ssp., Bison ssp., Bos ssp.(including Bibos, Novibos, Poephagus), Boselaphus ssp., Bubalus ssp. (including Anoa), Budorcas ssp., Capra ssp., Cephalophus ssp., Connochaetes ssp., Damaliscus ssp.(including Beatragus), Dorcatragus ssp., Gazella ssp., Hemitragus ssp., Hippotragus ssp., Kobus ssp., Litocranius ssp., Madogua ssp., Naemorhedus ssp. (including Nemorhaedus and Capricomis), Neotragus ssp., Oreamuos ssp., Oreotragus ssp., Oryx ssp., Ourebia ssp., Ovibos ssp., Ovis ssp., Patholops ssp., Pelea ssp., Procapra ssp., Pseudois ssp., Pseudoryx ssp., Raphicerus ssp., Redunca ssp., Rupicapra ssp., Saiga ssp., Sigmoceros-Alecelaphus ssp., Sylvicapra ssp., Syncerus ssp., Taurotragus ssp., Tetracerus ssp., Tragelaphus ssp.(including Boocerus).

                  Camelidae

                  Camelus ssp., Lama ssp., Vicugna ssp.

                  Cervidae

                  Alces ssp., Axis-Hyelaphus ssp., Blastocerus ssp., Capreolus ssp., Cervus-Rucervus ssp., Dama ssp., Elaphurus ssp., Hippocamelus ssp., Hydropotes ssp., Mazama ssp., Megamuntiacus ssp., Muntiacus ssp., Odocoileus ssp., Ozotoceros ssp., Pudu ssp., Rangifer ssp.

                  Giraffidae

                  Giraffa ssp., Okapia ssp.

                  Hippopotamidae

                  Hexaprotodon-Choeropsis ssp., Hippopotamus ssp.

                  Moschidae

                  Moschus ssp.

                  Suidae

                  Babyrousa ssp., Hylochoerus ssp., Phacochoerus ssp., Potamochoerus ssp., Sus ssp.,

                  Tayassuidae

                  Catagonus ssp., Pecari-Tayassu ssp.

                  Tragulidae

                  Hyemoschus ssp., Tragulus-Moschiola ssp.

                  Perissodactyla

                  Rhinocerotidae

                  Ceratotherium ssp., Dicerorhinus ssp., Diceros ssp., Rhinoceros ssp

                  Tapiridae

                  Tapirus ssp..

                  Proboscidae

                  Elephantidae

                  Elephas ssp., Loxodonta ssp.

      ANNEX II
      The diseases referred to in Article 4(f)(i) and the basic general criteria for a territory to be considered disease-free in accordance with Article 7(a)

                  Disease

                  Conditions

                  Animals concerned

                  Foot and mouth disease

                  no outbreak of disease, no evidence of virus infection (1) and no vaccination carried out during the last 12 months

                  all species

                  Vesicular stomatitis

                  no case of disease during the last 6 months

                  all species

                  Swine vesicular disease

                  no case of disease and no vaccination carried out during the last 24 months

                  species of family Suidae

                  Rinderpest

                  no case of disease and no vaccination carried out during the last 12 months

                  all species

                  Peste des petits ruminants

                  no case of disease and no vaccination carried out during the last 12 months

                  species of the genera Ovis and Capra

                  Contagious bovine pleuropneumonia

                  no case of disease and no vaccination carried out during the last 12 months

                  species of the genus Bos

                  Lumpy skin disease

                  no case of disease and no vaccination carried out during the last 36 months

                  species of the genera Bos, Bison and Bubalus

                  Rift valley fever

                  no case of disease and no vaccination carried out during the last 12 months

                  all species other than those of family Suidae

                  Bluetongue

                  no case of disease and no vaccination carried out during the last 12 months with appropriate control of the Culicoides population

                  all species other than those of family Suidae

                  Sheep pox and goat pox

                  no case of disease and no vaccination carried out during the last 12 months

                  Species of the genera Ovis and Capra

                  African swine fever

                  no case of disease during the last 12 months

                  species of family Suidae

                  Classical swine fever

                  no case of disease and no vaccination carried out during the last 12 months

                  species of family Suidae

         (1)  in accordance with Chapter 2.1.1 of the OIE Manual

      ANNEX III
      Requirements for veterinary certificates as referred to in Article 11

                  1.

                  The representative of the competent authority of dispatch issuing a veterinary certificate to accompany a consignment of animals must sign the certificate and ensure that it bears an official stamp. This requirement applies to each sheet of the certificate if it consists of more than one.

                  2.

                  Veterinary certificates must be drawn up in the official language or languages of the Member State of destination and those of the Member State in which the border inspection takes place, or be accompanied by a certified translation into that language or those languages. However, a Member State may consent to the use of an official Community language other than its own.

                  3.

                  The original version of the veterinary certificate must accompany the consignments on entry into the Community.

                  4.

                  Veterinary certificates must consist of:

                              (a)

                              a single sheet of paper; or

                              (b)

                              two or more pages that are part of a single and indivisible sheet of paper; or

                              (c)

                              a sequence of pages numbered so as to indicate that it is a particular page in a finite sequence (for example, "page 2 of 4 pages").

                  5.

                  Veterinary certificates must bear a unique identifying number. Where the veterinary certificate consists of a sequence of pages, each page must indicate the unique identifying number.

                  6.

                  The veterinary certificate must be issued before the consignment to which it relates leaves the control of the competent authority of the country of dispatch.

      ANNEX IV

         "ANNEX F
         Council Directive 64/432/EEC of 26 June 1964, on animal health problems affecting intra-Community trade in bovine animals and swine.
         Council Directive 88/407/EEC of 14 June 1988, laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species.
         Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species.
         Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae.
         Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species.
         Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs.
         Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products
         Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals
         Council Directive --/2004/EC, of [...], laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (1)."

         (1)  Note for OJ: insert missing details.

      ANNEX V
      List of Decisions

         2003/56/EC: Commission Decision of 24 January 2003 on health certificates for the importation of live animals and animal products from New Zealand (OJ L 22, 25.1.2003, p. 38)

         2002/987/EC: Commission Decision of 13 December 2002 on the list of establishments in the Falkland Islands approved for the purpose of importing fresh meat into the Community (OJ L 344, 19.12.2002, p. 39)

         2002/477/EC: Commission Decision of 20 June 2002 laying down public health requirements for fresh meat and fresh poultry meat imported from third countries, and amending Decision 94/984/EC (OJ L 164, 22.6.2002, p. 39)

         2001/600/EC: Commission Decision of 17 July 2001 concerning protective measures with regard to imports of certain animals from Bulgaria due to an outbreak of bluetongue, repealing Decision 1999/542/EC, amending Decision 98/372/EC concerning the animal health conditions and veterinary certifications for import of live animals of bovine and swine species from certain European countries to take into account some aspects in relation with Bulgaria and amending Decision 97/232/EC drawing up lists of third countries from which Member States authorise imports of sheep and goats (OJ L 210, 3.8.2001, p. 51)

         2000/159/EC: Commission Decision of 8 February 2000 on the provisional approval of residue plans of third countries according to Council Directive 96/23/EC (OJ L 51, 24.2.2000, p 30)

         98/8/EC: Commission Decision of 16 December 1997 on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community (OJ L 2, 6.1.1998, p. 12)

         97/222/EC: Commission Decision of 28 February 1997 laying down the list of third countries from which the Member States authorize the importation of meat products (OJ L 89,4.4.1997, p. 39)

         97/221/EC: Commission Decision of 28 February 1997 laying down the animal health conditions and model veterinary certificates in respect of imports of meat products from third countries and revoking Decision 91/449/EEC (OJ L 89, 4.4.1997, p. 32)

         95/427/EC: Commission Decision of 16 October 1995 on the list of establishments in the Republic of Namibia approved for the purpose of importing meat products into the Community (OJ L 254, 24.10.1995, p. 28)

         95/45/EC: Commission Decision of 20 February 1995 on the list of establishments in the former Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the Community (OJ L 51, 8.3.1995, p. 13)

         94/465/EC: Commission Decision of 12 July 1994 on the list of establishments in Botswana approved for the purpose of importing meat products into the Community (OJ L 190, 26.7.1994, p. 25)

         94/40/EC: Commission Decision of 25 January 1994 on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community (OJ L 22, 27.1.1994, p. 50)

         93/158/EEC: Council Decision of 26 October 1992 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Comunity and the United States of America concerning the application of the Community third country Directive, Council Directive 72/462/EEC, and the corresponding United States of America regulatory requirements with respect to trade in fresh bovine and porcine meat (OJ L 68, 19.3.1993, p 1)

         93/26/EEC: Commission Decision of 11 December 1992 on the list of establishments in the Republic of Croatia approved for the purpose of importing fresh meat into the Community (OJ L 16, 25.1.1993, p. 24)

         90/432/EEC: Commission Decision of 30 July 1990 on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community (OJ L 223,18.8.1990, p. 19)

         90/13/EEC: Commission Decision of 20 December 1989 on the procedure to be followed for amending or supplementing the lists of establishments approved in third countries for the import of fresh meat into the Community (OJ L 8, 11.1.1990, p. 70)

         87/431/EEC: Commission Decision of 28 July 1987 on the list of establishments in the Kingdom of Swaziland approved for the purpose of importing fresh meat into the Community (OJ L 228, 15.8.1987, p. 53)

         87/424/EEC: Commission Decision of 14 July 1987 on the list of establishments in the United Mexican States approved for the purpose of importing fresh meat into the Community (OJ L 228,15.8.1987, p. 43)

         87/258/EEC: Commission Decision of 28 April 1987 on the list of establishments in Canada approved for the purpose of importing fresh meat into the Community (OJ L 121, 9.5.1987, p. 50)

         87/257/EEC: Commission Decision of 28 April 1987 on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community (OJ L 121, 9.5.1987, p. 46)

         87/124/EEC: Commission Decision of 19 January 1987 on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community (OJ L 51, 20.2.1987, p. 41)

         86/474/EEC: Commission Decision of 11 September 1986 on the implementation of the on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries (OJ L 279, 30.9.1986, p. 55)

         86/65/EEC: Commission Decision of 13 February 1986 on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community (OJ L 72, 15.3.1986, p. 40)

         85/539/EEC: Commission Decision of 29 November 1985 on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community (OJ L 334, 12.12.1985, p. 25)

         84/24/EEC: Commission Decision of 23 December 1983 on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community (OJ L 20, 25.1.1984, p. 21)

         83/423/EEC: Commission Decision of 29 July 1983 on the list of establishments in the Republic of Paraguay approved for the purpose of importing fresh meat into the Community (OJ L 238, 27.8.1983, p.39)

         83/402/EEC: Commission Decision of 29 July 1983 on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community (OJ L 233, 24.8.1983, p. 24)

         83/384/EEC: Commission Decision of 29 July 1983 on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community (OJ L 222, 13.8.1983, p. 36)

         83/243/EEC: Commission Decision of 10 May 1983 on the list of establishments in the Republic of Botswana approved for the purposes of importing fresh meat into the Community (OJ L 129, 19.5.1983, p. 70)

         83/218/EEC: Commission Decision of 22 April 1983 on the list of establishments in the Socialist Republic of Romania approved for the purpose of importing fresh meat into the Community (OJ L 121, 7.5.1983, p. 23)

         82/923/EEC: Commission Decision of 17 December 1982 concerning the establishments in the Republic of Guatemala from which Member States may authorize the importation of fresh meat (OJ L 381, 31.12.1982, p. 40)

         82/913/EEC: Commission Decision of 16 December 1982 on the list of establishments in the Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the Community (OJ L 381, 31.12.1982, p. 28)

         82/735/EEC: Council Decision of 18 October 1982 on the list of establishments in the People's Republic of Bulgaria approved for the purposes of exporting fresh meat to the Community (OJ L 311, 8.11.1982, p. 16)

         82/734/EEC: Council Decision of 18 October 1982 on the list of establishments in the Swiss Confederation approved for the purposes of exporting fresh meat to the Community (OJ L 311, 8.11.1982, p. 13)

         81/713/EEC: Commission Decision of 28 July 1981 on the list of establishments in the Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat of domestic solipeds into the Community (OJ L 257, 10.9.1981, p. 28)

         81/92/EEC: Commission Decision of 30 January 1981 on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheep meat and meat of domestic solipeds into the Community (OJ L 58, 5.3.1981, p. 43)

         81/91/EEC: Commission Decision of 30 January 1981 on the list of establishments in the Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheep meat and meat of domestic solipeds into the Community (OJ L 58, 5.3.1981, p. 39)

         79/542/EEC: Council Decision of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down the animal and public health, and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat. (OJ L 146, 14.6.1979, p. 15)

         78/685/EEC: Commission Decision of 26 July 1978 establishing a list of epizootic diseases in accordance with Directive 72/462/EEC (OJ L 227, 18.8.1978, p. 32).