Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (91/68/EEC)

Article 8 U.K.

1. Where a Member State considers that its territory or part of its territory is free from one of the diseases [F1 listed in Annex B, Section III] to which ovine and caprine animals are susceptible, 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 such prohibition,

• the arrangements for verifying the absence of the disease.

2. The Commission shall examine supporting documentation submitted by Member States. The additional guarantees, general or limited, which may be required in intra-Community trade shall be defined in accordance with the procedure laid down in Article 15. Such guarantees must not exceed those which the Member State implements nationally. Where supporting documentation is submitted before 1 January 1992, decisions on additional guarantees shall be taken before 1 July 1992.

3. The Member State concerned shall notify the Commission of any change in the supporting documentation specified in paragraph 1 which relate to the disease. The guarantees defined as laid down in paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure laid down in Article 15.

[F2 [F3 4. The Commission shall examine as quickly as possible the grounds submitted by Sweden as regards ovine paratuberculosis and ovine contagious agalactia. Following that examination and if it is justified, the provisions of paragraph 2 may be applicable. The appropriate decisions provided for in paragraph 2 shall be adopted as quickly as possible. Pending those decisions Sweden may, during a period of one year from the date of entry into force of the Accession Treaty, apply its national rules in force before that date as regards the abovementioned diseases. The period of one year may if necessary be extended in accordance with the procedure laid down in Article 15.] ]

Textual Amendments

F1 Substituted by Directive 2001/10/EC of the European Parliament and of the Council of 22 May 2001 amending Council Directive 91/68/EEC as regards scrapie.

F2 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F3 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).