Chwilio Deddfwriaeth

Chwiliad Uwch

Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (64/432/EEC)

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[F1Article 1 U.K.

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 (1) without prejudice to the provisions laid down in Directives 80/215/EEC (2) , 85/511/EEC, 88/407/EEC (3) , 89/608/EEC (4) , 90/425/EEC, 90/429/EEC (5) , 90/667/EEC (6) , 91/496/EEC, 91/628/EEC (7) , 92/102/EEC (8) , 92/119/EEC and Decision 90/424/EEC (9) .

Textual Amendments

Article 2 U.K.

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:

(a) 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;

(b) 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;

(c) 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;

(d) officially tuberculosis-free bovine herd means a bovine herd which satisfies the conditions laid down in [F2Annex A.I, paragraphs 1 and 2] ;

(e) 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 [F2Annex A.I, paragraphs 4 and 5] ;

(f) officially brucellosis-free bovine herd means a bovine herd which satisfies the conditions laid down in [F2Annex A.II, paragraphs 1 and 2] ;

(g) 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;

(h) officially brucellosis-free Member State means a Member State which satisfies the conditions laid down in [F2Annex A.II, paragraphs 7, 8 and 9] ;

(i) brucellosis-free bovine herd means a bovine herd which satisfies the conditions laid down in [F2Annex A.II, paragraphs 4 and 5] ;

(j) officially enzootic-bovine-leukosis-free herd means a herd which satisfies the conditions laid down in Annex D, Chapter I, Sections A and B;

(k) officially enzootic-bovine-leukosis-free Member State or region means a region or Member State which meets the requirements laid down in [F2Annex D, Chapter I, Sections E and F] ;

(l) official veterinarian means the veterinarian appointed by the competent authority of the Member State;

(m) approved veterinarian means any veterinarian approved by the competent authority in accordance with the provisions of Article 14 (3) (B);

(n) compulsorily notifiable diseases means the diseases listed in Annex E (I);

(o) 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;

(p) region means that part of a Member State's territory which is at least 2 000 km 2 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 [F3;]

[F4— Czech Republic:

kraj

— Estonia:

maakond

— Cyprus:

επαρχία ( district )

— Latvia:

rajons

— Lithuania:

apskritis

— Hungary:

megye

— Malta:

—

— Poland:

powiat

— Slovenia:

območje

— Slovakia:

kraj

[F5;] ]

[F6— Bulgaria:

област

— Romania:

județ

[F7;] ]

[F8— Croatia:

županija

;]

(q) 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.

Textual Amendments

Article 3 U.K.

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:

(a) be subjected:

  • (a) to an identity check, and

  • to a clinical inspection within 24 hours of departure by an official veterinarian and show no clinical sign of disease;

(b) 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;

[F9 [X1(c) 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;] ]

(d) not be animals which are to be slaughtered and not be restricted under a contagious or infectious disease eradication programme of a Member State or region;

(e) comply with the provisions of Articles 4 and 5.

Editorial Information

Textual Amendments

Article 4 U.K.

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.

Textual Amendments

Article 5 U.K.

1. Bovine animals and swine covered by this Directive must be accompanied during transportation to destination by a health [F2certificate conforming to either model 1 or 2 set out in Annex F as appropriate] . The certificate shall consist of a single sheet or, where more than one page is required, shall be in such a form that any two or more pages are part of an integrated whole and indivisible and shall contain a serial number. It shall be drawn up on the day of the health inspection, in one of the official languages of the country of destination at least. The certificate shall be valid for 10 days from the date of the health examination.

2. The health inspection for the issuing of the health certificate (including additional guarantees) for a consignment of animals may be carried out in the holding of origin or of an assembly centre. For this purpose the competent authority shall ensure that any health certificate is drawn up by the official veterinarian after inspections, visits and controls as provided by this Directive.

However as regards:

(a) animals coming from approved assembly centres, such certification shall be:

  • (a) on the basis of an official document containing the necessary information completed by the official veterinarian for the holding of origin, or

  • in the form of the [F2certificate according to either model 1 or 2 in Annex F as appropriate with Sections A and B duly completed and certified by the official veterinarian for the holding of origin;

(b) animals coming from an approved holding which is participating in the surveillance network provided for in Article 14, such certification shall be:

  • (b) on the basis of an official document containing the necessary information completed by the approved veterinarian for the holding of origin, or

  • in the form of the certificate according to either model 1 or 2 in Annex F as appropriate] with Sections A and B duly completed and certified by the approved veterinarian for the holding of origin.

For this purpose, the official veterinarian will ensure where appropriate that the additional guarantees provided for in Community legislation are fulfilled.

3. The official veterinarian for the assembly centre shall carry out all necessary checks on animals arriving there.

4. The official veterinarian completing [F2Section C of the certificate according to either model 1 or 2 in Annex F as appropriate] , shall ensure that the movement is registered on the Animo system on the day the certificate is issued.

5. The animals covered by this Directive may transit through an assembly centre which is located in one other Member State before being consigned to the Member State of destination. In this case, the [F2certificate according to either model 1 or 2 in Annex F as appropriate] [F2(including Section C)] must be completed by the official veterinarian responsible in the Member State where the animals originate. The official veterinarian responsible for the assembly centre of transit shall provide certification to the Member State of destination by completing a second [F2certificate according to either model 1 or 2 in Annex F as appropriate] , endorsing it with the serial number of the original and attaching it to the original certificate or to an officially endorsed copy thereof. In this case the combined validity of the certificates shall not exceed that provided for in paragraph 1.

Textual Amendments

Article 6 U.K.

1. Animals for breeding or production must, in addition to the requirements of Articles 3, 4 and 5:

  • have remained in a single holding of origin for a period of 30 days prior to loading, or since birth in the holding of origin where the animals are less than 30 days old. The official veterinarian must, on the basis of the official identification provided for in Article 3 (2) (c) and official records, be satisfied that the animals have complied with this condition and furthermore that the animals have originated in the Community or have been imported from a third country in compliance with Community animal health legislation.

    However, in the case of animals transiting through an approved assembly centre in the Member State of origin, the period during which the assembly of these animals takes place outside the holding of origin shall not exceed six days,

  • with regard to animals imported from a third country into a Member State which is not that of ultimate destination, be transported to the Member State of destination as quickly as practicable under cover of a certificate issued under Article 7 of Directive 91/496/EEC,

  • with regard to animals imported from a third country upon arrival at destination and before any further movements satisfy the requirements of this Directive, and in particular the residency requirement in the first indent, and may not be brought into the herd until the veterinarian responsible for that holding has ascertained that the animals in question are not likely to jeopardize the health status of the holding.

    If an animal from a third country is introduced into a holding no animal from the holding may be traded for 30 days following introduction unless the imported animal is isolated from all other animals on the holding.

2. Bovine animals for breeding and production must, in addition to the requirements in Articles 3, 4 and 5:

(a) [F10come from an officially tuberculosis-free bovine herd, and in the case of animals more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out in accordance with the provisions of point 2.2 of Annex B either during the 30 days prior to leaving the herd of origin or in a place and under conditions to be defined in accordance with the procedure referred to in Article 17.]

This intradermal tuberculin test is not required if the animals originate in a Member State or part of a Member State recognized as officially tuberculosis free or in a Member State or part of a Member State with an approved surveillance network;

(b) in the case of uncastrated animals which come from an officially brucellosis-free bovine herd and more than 12 months old, have shown a brucella count lower that 30 international units (IU) of agglutination per millilitre when given a serum agglutination test (or any test approved by Standing Veterinary Committee (SVC) procedure following the adoption of the relevant protocols) carried out during the 30 days prior the leaving the herd of origin and complying with the provisions of Annex C Section A.

This serum agglutination test (or any test approved by SVC procedure following the adoption of the relevant protocols) is not required if the animals originate in a Member State or part of a Member State recognized as officially brucellosis free or in a Member State or part of a Member State with an approved surveillance network;

(c) come from an officially enzootic-bovine-leukosis-free herd and, if more than 12 months old, have reacted negatively to an individual test carried out during the 30 days prior to leaving the herd of origin and complying with the provisions of Annex D.

The test is not required if the animals originate in a Member State or part of a Member State recognized as officially enzootic-bovine-leukosis free or in a Member State or part of a Member State with an approved surveillance network;

(d) at no time between leaving the holding of origin and arriving at destination come into contact with bovine animals which meet only the requirements in paragraph 3 [F11;]

[F12(e) until 31 December 2000 , not be subject to the test requirements laid down in (a) or (b) in the case of bovine animals aged less than 30 months intended for meat production which:

  • [F12(e) come from a beef holding officially tuberculosis-free and officially brucellosis-free,

  • are accompanied by an animal health certificate with paragraph 7 in Section A of Annex F Model 1 duly completed,

  • remain under supervision until their slaughter,

  • have not come into contact during transport with bovine animals not coming from herds officially free from those diseases,

and provided that:

  • [F12(e) these arrangements are restricted to trade between Member States or regions of Member States with the same health status with regard to tuberculosis or brucellosis,

  • the Member State of destination takes all necessary measures to avoid any contamination of indigenous herds,

  • the Member States put in place a proper system of random sampling, inspections and controls designed to ensure the efficient implementation of these rules,

  • the Commission monitors the proper operation of this Directive so as to ensure that Member States comply fully with the rules;]

3. Bovine animals for slaughter must, in addition to the requirements in Articles 3, 4 and 5, come from herds that are officially tuberculosis free, officially enzootic-bovine-leukosis free and in the case of uncastrated bovines, from herds that are officially brucellosis free.

However, until [F1131 December 2000] , the destination countries may grant to Spain general or limited licences to introduce into their territories animals for slaughter from herds which are not officially free of tuberculosis, enzootic bovine leukosis and brucellosis, provided such animals:

  • have in the 30 days prior to embarkation undergone the appropriate tests laid down in Annexes B, C and D, with negative results,

  • are taken on arrival in the country of destination directly to a slaughterhouse and are slaughtered there as soon as possible but at least within 72 hours of arrival, in accordance with animal health requirements.

Textual Amendments

[F13Article 6a U.K.

Member States shall designate State institutes, national reference laboratories or official institutes responsible for coordinating the standards and methods of diagnosis referred to in Annexes A to D. They shall maintain up-to-date lists thereof and make them available to the other Member States and to the public.

The tasks and responsibilities of those State institutes, national reference laboratories and official institutes are set out in Annexes B and C and Chapter II of Annex D.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 17(2).]

Textual Amendments

Article 7 U.K.

Animals for slaughter which have been taken on arrival in the country of destination:

  • to a slaughterhouse, must be slaughtered there as soon as possible but at least within 72 hours of arrival, in accordance with animal health requirements, or

  • to an approved assembly centre, must be removed after the market directly to a slaughterhouse to be slaughtered as soon as possible but at the latest within three working days of arrival at the assembly centre, in accordance with animal health requirements. At no time, between their arrival at the assembly centre and their arrival at the slaughterhouse, may they come into contact with cloven-hoofed animals other than animals that fulfil the conditions laid down in this Directive.

Textual Amendments

Article 8 U.K.

Member States shall ensure that the suspected presence of any of the diseases referred to in Annex E (I) is compulsorily and immediately notifiable to the competent authority.

Each Member State shall forward to the Commission by 31 May each year, and for the first time in 1999, details of the occurence of diseases listed in Annex E (I) and of any other diseases covered by the additional guarantees provided for by Community legislation in its territory in the previous calendar year including details of the monitoring and eradication programmes in operation. This information shall be based on uniform criteria to be established by the procedure provided for in Article 17. The Commission shall present this information to the Member States in the framework of the SVC and in particular may utilize it in relation to the decisions referred to in Annexes A and D.

Textual Amendments

Article 9 U.K.

1. A Member State which has a compulsory national control programme for one of the contagious diseases listed in Annex E (II) for all or part of its territory may submit the said programme to the Commission, outlining in particular:

  • the distribution of the disease in the Member State,

  • the reasons for the programme, taking into consideration the importance of the disease and the programme's likely benefit in relation to its cost,

  • the geographical area in which the programme will be implemented,

  • the status categories to be applied to the animal establishments, the standards which must be attained in each category, and the test procedures to be used,

  • the programme monitoring procedures, the results of which must be supplied at least annually to the Commission,

  • the action to be taken if, for any reason, an establishment loses its status,

  • the measures to be taken if the results of the tests carried out in accordance with the provisions of the programme are positive.

2. The Commission shall examine the programmes presented by the Member States. Programmes as referred to in paragraph 1 may be approved in compliance with the criteria laid down in paragraph 1 in accordance with the procedure provided for in Article 17. According to the same procedure, the additional guarantees, general or limited, which may be required in intra-Community trade, shall be defined at the same time or at the latest three months after approval of the programmes. Such guarantees must not exceed those which the Member State implements nationally.

3. Programmes submitted by Member States may be amended or supplemented in accordance with the procedure laid down in Article 17. Amendments or additions to programmes which have already been approved or to guarantees which have been defined in accordance with paragraph 2 may be approved under the same procedure.

Textual Amendments

Article 10 U.K.

1. Where a Member State considers that its territory or part of its territory is free from one of the diseases listed in Annex E (II), it shall present to the Commission appropriate supporting documentation, setting out in particular:

  • the nature of the disease and the history of its occurrence in its territory,

  • the results of surveillance testing based on serological, microbiological, pathological or epidemiological investigation and on the fact that the disease must by law be notified to the competent authorities,

  • the period over which the surveillance was carried out,

  • where applicable, the period during which vaccination against the disease has been prohibited and the geographical area concerned by the prohibition,

  • the arrangements for verifying the absence of the disease.

2. The Commission shall examine documentation submitted by Member States. The additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the procedure laid down in Article 17. Such guarantees must not exceed those which the Member State implements nationally.

3. The Member State concerned shall notify the Commission of any change in the details specified in paragraph 1 which relate to the disease, in particular regarding any new outbreaks of the disease. The guarantees defined in accordance with paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure laid down in Article 17.

Textual Amendments

Article 11 U.K.

1. Member States shall ensure that, in order to be approved by the competent authority, assembly centres meet the following conditions at least. They must:

(a) be under the control of an official veterinarian who shall ensure that, in particular, the provisions of Article 4 (1) and (2) are complied with;

(b) be located in an area which is not subject to prohibiiton or restrictions in accordance with relevant Community legislation and/or national legislation;

(c) be cleaned and disinfected before use, as required by the official veterinarian;

(d) they must have, taking into account the animal capacity of the assembly centre:

  • (d) a facility dedicated exclusively for this purpose when used as an assembly centre,

  • appropriate facilities for loading, unloading and adequate housing of a suitable standard for the animals, for watering and feeding them, and for giving them any necessary treatment; these facilities must be easy to clean and disinfect,

  • appropriate inspection facilities,

  • appropriate isolation facilities,

  • appropriate equipment for cleaning and disinfecting rooms and trucks,

  • an appropriate storage area for fodder, litter and manure,

  • an appropriate system for collecting waste water,

  • the use of an office for the official veterinarian;

(e) admit only animals that are identified and come from herds that are officially free of tuberculosis, brucellosis and leukosis or slaughter animals meeting the conditions set out in the present Directive and in particular Article 6 (3). To this end, when animals are admitted the owner or person in charge of the centre shall ensure they are properly identified and accompanied by health documents or appropriate certificates for the species and categories involved;

[F14(ee) comply with the provisions of Directive 98/58/EC and Regulation (EC) No 1/2005 (10) applicable to them;]

(f) be regularly inspected in order to ascertain that the requirements for approval continue to be fulfilled.

2. The owner or person in charge of the assembly centre shall be required, on the basis either of the accompanying documents for the animals or of the identification numbers or marks of the animals, to record on a register or a data base and retain for a minimum period of three years the following information:

  • the name of the owner, the origin, date of entry and exit, number and identification of the bovine animals or the registration number of the holding of origin or of the herd of origin of the pigs entering the centre and their proposed destination,

  • the registration number of the transporter and the licence number of the lorry delivering or collecting animals from the centre.

[F103. The competent authority shall issue an approval number to each approved assembly centre. Approvals of assembly centres may be limited to a particular species or to animals for breeding and production or to animals for slaughter.

The competent authority shall draw up and keep up to date a list of approved assembly centres and their approval numbers and make it available to the other Member States and to the public.]

[F154. The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive, or of Regulation (EC) No 1/2005 or other Community veterinary legislation listed in Chapter I of Annex A to Directive 90/425/EEC (11) . Approval may be restored when the competent authority is satisfied that the assembly centre is in full compliance with all the appropriate provisions referred to in this paragraph.]

5. The competent authority shall ensure that when operating assembly centres have sufficient approved veterinarians to carry out all duties.

6. Any detailed rules required for uniform application of this Article shall be adopted in accordance with the procedure provided for in Article 17.

Textual Amendments

[F15Article 12 U.K.

1. Member States shall ensure that transporters meet the following additional conditions:

(a) for the carriage of animals they must use means of transport that are:

(i)

constructed in such a way that the animal faeces, litter or feed can not leak or fall out of the vehicle; and

(ii)

cleaned and disinfected immediately after every transport of animals or of any product which could affect animal health, and if necessary before any new loading of animals, using disinfectants officially authorised by the competent authority;

(b) they must either:

(i)

have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung; or

(ii)

provide documentary evidence that these operations are performed by a third party approved by the competent authority.

2. The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be retained for a minimum period of three years:

(a) places, dates and times of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b) places, dates and times of delivery, and the name or business name and address of the consignee(s);

(c) the species and number of animals carried;

(d) date and place of disinfection;

(e) details of accompanying documentation including the number;

(f) expected duration of each journey.

3. Transporters shall ensure that the consignment or animals do not at any time, between leaving the holdings or the assembly centre of origin and arriving at their destination, come into contact with animals of a lower health status.

4. Member States shall ensure that transporters observe the provisions of this Article relating to the appropriate documentation that must accompany the animals.

5. This Article shall not apply to persons transporting animals up to a maximum distance of 65 km counted from the place of departure to the place of destination.

6. In the event of failure to comply with this Article, the provisions concerning infringements and notifications of infringements provided for in Article 26 of Regulation (EC) No 1/2005 shall apply mutatis mutandis in relation to animal health.]

Textual Amendments

Article 13 U.K.

1. Member States shall ensure that all dealers are registered, approved and issued with an approval number by the competent authority and that they comply with the following conditions at least:

(a) they must deal only in animals that are identified and come from herds that are officially free of tuberculosis, brucellosis and leukosis or slaughter animals meeting the conditions set out in this Directive and in particular Article 6 (3). To this end, the dealer shall ensure that the animals are properly identified and are accompanied by health documents as appropriate for the species involved.

However, the competent authority may authorize the marketing of identified animals which do not fulfil the conditions laid down in the first paragraph, in so far as they are brought direct to a slaughterhouse in the Member State of origin without passing through their facilities, for slaughter as soon as possible in order to prevent the spreading of diseases. The necessary provisions should be taken to ensure that such animals, when they reach the abattoir, cannot come into contact with other animals and that they are slaughtered apart from other animals;

(b) the dealer shall be required, either on the basis of the document accompanying the animals, or on the basis of identification numbers or marks on the animals, to keep a record or data base and to store the following data for at least three years:

  • (b) the name of the owner, origin, date of purchase, categories, number and identification of bovine animals or registration number of the holding of origin or of the herd of origin of pigs purchased,

  • the registration number of the transporter and/or the licence number of the lorry delivering and collecting animals,

  • the name and address of the purchaser and the destination of the animals,

  • copies of route plans and/or serial number of health certificates as applicable;

(c) when the dealer keeps animals on his premises he shall ensure that:

  • (c) specific training is given to the staff in charge of the animals in applying the requirements of this Directive and in the care and welfare of the animals,

  • controls and tests if necessary on the animals are carried out regularly by the official veterinarian and that all necessary steps are taken to prevent the spread of disease.

2. Member States shall ensure that all premises used by a dealer in connection with his business are registered and issued with an approval number by the competent authority and that they comply with the following conditions at least:

(a) they must be under the control of an official veterinarian;

(b) they must be located in an area which is not subject to prohibition or restrictions in accordance with the relevant Community legislation or national legislation;

(c) they must have:

  • (c) appropriate facilities of sufficient capacity and in particular inspection facilities and isolation facilities so that all animals can be isolated in the event of an outbreak of a contagious disease,

  • appropriate facilities for unloading and where necessary adequate housing of a suitable standard for the animals, for watering and feeding them, and for giving them any necessary treatment; these facilities must be easy to clean and disinfect,

  • an appropriate reception area for litter and manure,

  • an appropriate system for collecting waste water;

(d) be cleaned and disinfected before use, as required by the official veterinarian.

3. The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive or other directives in respect of health restrictions. Approval may be restored when the competent authority is satisfied that the dealer is in full compliance with all the appropriate provisions of this Directive.

4. The competent authority must carry out regular inspections in order to ascertain that the requirements of this Article are fulfilled.

[F135. Member States shall draw up and keep up to date a list of approved dealers and registered premises used by dealers in connection with their business and their approval numbers and make that list available to the other Member States and to the public.

6. Detailed rules for the uniform application of paragraph 5 may be adopted in accordance with the procedure referred to in Article 17(2).]

Textual Amendments

Article 14 U.K.

1. The competent authority in a Member State may introduce a system of surveillance networks.

The surveillance network system must comprise at least the following elements:

  • the herds,

  • the owner or any other natural or legal person responsible for the holding,

  • the approved veterinarian or the official veterinarian responsible for the holding,

  • the official veterinary service of the Member State,

  • the official veterinary diagnostic laboratories or any other laboratory approved by the competent authority,

  • a computer database.

Official veterinarians for the slaughtering establishments and approved assembly centres will be associated with the network system.

2. The main objectives of the surveillance network system are to make the official classification of holdings, to maintain such classification by regular inspection, to collect epidemiological data and to carry out disease monitoring so as to ensure compliance with all the provisions of this Directive and other directives in respect of health restrictions.

This surveillance network system shall be mandatory on all holdings in the territory of the Member State operating such a system. However, the competent authority may authorize the establishment of such a network on part of the territory made up of one or several adjacent regions as defined in Article 2 (2) (p). Where this derogation is accorded, animal movements to that part of the territory from other regions which are not part of the network system shall be subject to the provisions of this Directive.

The competent authority shall lay down the obligations and rights incumbent upon the approved veterinarians, the persons responsible for the holdings or their owners and any other participants in the system including the persons responsible for issuing health certificates.

3. The competent authority shall ensure that the obligations referred to in paragraph 2 at least include the following:

A.

Every owner of or person responsible for a holding must:

(i)

secure, by contract or legal instrument, the services of a veterinarian approved by the competent authority;

(ii)

immediately call in the approved veterinarian for the holding when he suspects the occurrence of an infectious disease or of any notifiable disease;

(iii)

notify the approved veterinarian of all arrivals of animals on his holding;

(iv)

isolate the animals before introducing them into his holding to enable the approved veterinarian to check, where appropriate by means of the required tests, whether the holding's status may be maintained.

B.

The approved veterinarians as provided for by Article 2 (2) (m) shall be under the control of the competent authority and must comply with the following requirements.

They must:

(i)

meet the conditions for pursuing the veterinary profession;

(ii)

have no financial interest or family links with the owner of or person responsible for the holding;

(iii)

possess particular knowledge in the field of animal health as it applies to animals of the species concerned. This means that they must:

  • regularly update their knowledge, especially as regards the relevant health regulations,

  • meet the requirements laid down by the competent authority to ensure the proper functioning of the network,

  • provide the owner of or person responsible for the holding with information and assistance in order that all steps are taken to ensure that the holding's status is maintained, particularly on the basis of programmes agreed with the competent authority,

  • ensure compliance with the requirements concerning:

    (i)

    the identification and health certification of the animals of the herd, the animals introduced and those traded;

    (ii)

    compulsory reporting of infectious animal diseases and any other risk factor for animal health or welfare, and for human health;

    (iii)

    establishing as far as possible the cause of death of animals and where they are to be consigned;

    (iv)

    the hygiene conditions of the herd and of the livestock production units.

    If the proper functioning of the system so requires, each Member State may limit the veterinarians' responsibility to a specific number of holdings or to a specific geographical area.

    The competent authority shall draw up lists of approved veterinarians and of the approved holdings participating in the network. If the competent authority finds that a participant in the network no longer fulfils the conditions set out above, it shall suspend or withdraw approval, without prejudice to any penalties that may be applied.

C.

The computer database must contain at least the following information:

(1)

[F16For each animal:

  • the unique identification code or codes, as regards the cases set out in Articles 4(1), 4b, 4c(1) and 4d of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (12) ,

  • date of birth,

  • sex,

  • breed or colour of coat,

  • identification code of the mother or, in the case of an animal imported from a third country, the unique identification code of the individual means of identification allocated to the animal by the Member State of destination in accordance with Regulation (EC) No 1760/2000,

  • identification number of the holding where born,

  • identification numbers of all holdings where the animal has been kept and the dates of each change of holding,

  • date of death or slaughter,

  • the type of electronic identifier, if applied to the animal.]

(2)

For each holding:

  • an identification number consisting of not more than 12 figures (apart from the country code),

  • name and address of the holder.

(3)

The database must be able to supply the following particulars at any time:

  • the identification number of all animals of the bovine species present on a holding, or in the case of groups of animals of the porcine species, the registration number of the holding of origin or herd of origin and the number of the health certificate where applicable,

  • a list of all changes of holding for each animal of the bovine species starting from the holding of birth, or the holding of importation in the case of animals imported from third countries; and for groups of pigs the registration number of the last holding or last herd and for imported animals from third countries the holding of importation.

These particulars will be held on the database until three consecutive years have elapsed since the death of the bovine animal or until three consecutive years have elapsed since the record was made in the case of records for pigs.

[F17However, only points 2, 3 and 4 shall be applicable to porcine animals.]

(4)

[F18In order to ensure the operation of the national computer databases concerning porcine animals, appropriate rules of application, including the information that the national databases must contain, shall be adopted in accordance with the procedure laid down in Article 17.]

4. All participants in the surveillance network other than those provided for in 3A and B shall be accountable to the competent authority. The competent authority in each Member State shall be responsible for setting up the network and shall carry out regular checks to ensure that it operates properly.

5. Member States which introduce a system of surveillance networks as outlined in paragraphs 1 to 4, operational for a period of at least 12 months, shall apply to the Commission to have it approved under the procedure provided for in Article 17.

For this purpose the Commission shall examine documentation submitted by Member States.

The Commission experts shall validate the systems by means of a system of audits. Where the result of the audit is favourable the Commission shall within 90 days of receipt of the request for approval make a report to the SVC together with appropriate proposals.

Where repeated offences are noted, the approval of the surveillance network system can be suspended according to the procedure laid down in Article 17, at the request of the Commission or of one or more Member States.

6. Member States which have implemented in all their territory a recognized surveillance network system as laid down in this Article shall be authorized not to apply the provision referred to in Article 3 (2) (a), second indent to animal movements referred to by this Directive within their own territory.

7. Not later than 31 December 1999 , acting on the basis of a report from the Commission, accompanied by proposals on which it shall act by a qualified majority, the Council shall review the provisions of this Article in the light of experience with a view to amending and updating them and, if appropriate, extending them to all Member States.

8. The financing of the surveillance network system will be covered within the framework of the revision of Annex B to Directive 85/73/EEC (13) in accordance with the provisions laid down in Article 8 of Directive 96/43/EC.

Textual Amendments

Article 15 U.K.

1. Member States shall take the appropriate specific measures to penalize any infringement of this Directive whether by a natural or a legal person.

2. If it is confirmed that the provisions of this Directive are not or have not been complied with the competent authority of the place in which such a finding is made shall take all appropriate measures to safeguard animal health and to prevent the spread of disease.

Depending on the circumstances, such action by the competent authority may consist of taking the measures required to:

(a) arrange for the journey to be completed or the animals returned to their place of departure by the most direct route, providing this course of action would not further jeopardize the health or welfare of the animals;

(b) arrange for the animals to be held in suitable accommodation with appropriate care in the event of interruption of the journey;

(c) arrange for the slaughter of the animals. The destination and use of such animals after slaughter shall be regulated:

  • (c) in accordance with the provisions of Directive 64/433/EEC (14) , or

  • in accordance with the provisions of Directive 90/667/EEC where the health status of the animals cannot be established or where they are liable to be a risk to animal health or public health. However, where the provisions of Directive 90/667/EEC should apply, a regularization period may be accorded to the owner or his agent before that final possibility is invoked. In that case, the provisions of paragraph 3 of this Article shall apply.

3. The competent authority of the Member State of destination shall immediately notify the competent authority of the Member State of origin on the establishment of any infringement of this Directive.

In accordance with the provisions established by Directive 89/608/EEC, Member States shall provide mutual assistance to one another in the application of this Directive in order to ensure, in particular, compliance with the provisions laid down in this Article.

4. This Article shall not affect national rules applicable to penal sanctions.

Textual Amendments

[F10Article 16 U.K.

Annexes A and D (Chapter I) shall be amended by the Council, acting by a qualified majority on a Commission proposal, in particular with regard to their adaptation to technological and scientific developments.

Annexes B, C, D (Chapter II), E and F shall be amended by the Commission in accordance with the procedure referred to in Article 17.]

Textual Amendments

[F11Article 17 U.K.

1. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC (hereinafter referred to as the ‘ Committee ’ ).

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

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

3. The Committee shall adopt its rules of procedure.]

Textual Amendments

[F12Article 17a U.K.

1. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC (hereinafter referred to as the ‘ Committee ’ ).

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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

3. The Committee shall adopt its rules of procedure.]

Textual Amendments

[F17Article 18 U.K.

Those Member States which have not introduced an approved surveillance network system shall ensure that a computer database complying with the provisions laid down in Article 14 is fully operational as follows:

(a)

for bovine animals, from 31 December 1999 ;

(b)

for a register of holdings of porcine animals, complying with the provisions laid down in Article 14(3)(c)(2) from 31 December 2000 ;

(c)

for movements of porcine animals, complying with the provisions laid down in Article 14(3)(c)(3):

  • from their holding of birth, by 31 December 2001 ,

  • from all other holdings, by 31 December 2002 .

There shall be an entry in the database for each separate movement of porcine animals. The entry shall comprise at least the following: the number of porcine animals being moved, the identification number of the holding or herd of departure, the identification number of the holding or herd of arrival and the departure and arrival dates.]

Textual Amendments

Article 19 U.K.

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

Textual Amendments

Article 20 U.K.

This Directive is addressed to the Member States.]

Textual Amendments

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