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

• Published date: 14 September 1992
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 268, 14 settembre 1992,Journal officiel des Communautés européennes, L 268, 14 septembre 1992,Diario Oficial de las Comunidades Europeas, L 268, 14 de septiembre de 1992

01992L0065 — EN — 16.07.2019 — 016.001

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►B 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 (OJ L 268 14.9.1992, p. 54)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION DECISION 95/176/EC of 6 April 1995	L 117	23	24.5.1995
M2	COMMISSION DECISION 2001/298/EC of 30 March 2001	L 102	63	12.4.2001
►M3	COMMISSION REGULATION (EC) No 1282/2002 of 15 July 2002	L 187	3	16.7.2002
M4	Amended by: COMMISSION REGULATION (EC) No 1802/2002 of 10 October 2002	L 274	21	11.10.2002
►M5	REGULATION (EC) No 998/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 May 2003	L 146	1	13.6.2003
►M6	COMMISSION REGULATION (EC) No 1398/2003 of 5 August 2003	L 198	3	6.8.2003
►M7	COUNCIL DIRECTIVE 2004/68/EC Text with EEA relevance of 26 April 2004	L 139	321	30.4.2004
►M8	COMMISSION DECISION 2007/265/EC of 26 April 2007	L 114	17	1.5.2007
►M9	COUNCIL DIRECTIVE 2008/73/EC Text with EEA relevance of 15 July 2008	L 219	40	14.8.2008
►M10	COMMISSION REGULATION (EU) No 176/2010 of 2 March 2010	L 52	14	3.3.2010
►M11	COMMISSION DECISION 2010/270/EU of 6 May 2010	L 118	56	12.5.2010
M12	COMMISSION DECISION 2010/684/EU of 10 November 2010	L 293	62	11.11.2010
►M13	COMMISSION IMPLEMENTING DECISION 2012/112/EU of 17 February 2012	L 50	51	23.2.2012
►M14	DIRECTIVE 2013/31/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 12 June 2013	L 178	107	28.6.2013
M15	COMMISSION IMPLEMENTING DECISION 2013/518/EU of 21 October 2013	L 281	14	23.10.2013
►M16	COMMISSION IMPLEMENTING REGULATION (EU) No 846/2014 of 4 August 2014	L 232	5	5.8.2014
►M17	COMMISSION IMPLEMENTING DECISION (EU) 2017/2174 Text with EEA relevance of 20 November 2017	L 306	28	22.11.2017
►M18	COMMISSION IMPLEMENTING DECISION (EU) 2019/1206 Text with EEA relevance of 12 July 2019	L 190	11	16.7.2019

Amended by:

A1	ACT (94/C 241/08)	C 241	21	29.8.1994
		L 001	1	..
►A2	ACT concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded	L 236	33	23.9.2003

Corrected by:

►C1	Corrigendum, OJ L 226, 25.6.2004, p. 128 (2004/68/EC)
►C2	Corrigendum, OJ L 049, 20.2.2009, p. 48 (1992/65)
►C3	Corrigendum, OJ L 084, 23.3.2013, p. 29 (1992/65)
►C4	Corrigendum, OJ L 102, 23.4.2018, p. 100 (2010/270/EU)

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▼B

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

CHAPTER I

General provisions

Article 1

▼C1

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.

▼B

This Directive shall apply without prejudice to the provisions adopted pursuant to Regulation (EEC) No 3626/82.

This Directive shall not affect the national rules applicable to pet animals, although their retention may not jeopardize the abolition of veterinary checks at the frontiers between Member States.

Article 2

1. For the purposes of this Directive:

(a) ‘trade’trademeans trade as defined by Article 2 (3) of Directive 90/425/EEC;

(b) ‘animals’means specimens of animal species other than those referred to in Directives 64/432/EEC, 90/426/EEC ( 1 ), 90/539/EEC ( 2 ), 91/67/EEC ( 3 ), 91/68/EEC ( 4 ), 91/492/EEC ( 5 ) and 91/493/EEC ( 6 );

(c) ‘approved body, institute or centre’means any permanent, geographically limited establishment, approved in accordance with Article 13, where one or more species of animal are habitually kept or bred, whether or not for commercial ends, and exclusively for one or more of the following purposes: — display of the animals and education of the public — conservation of the species; — basic or applied scientific research or breeding of animals for the purposes of such research;

(d) ‘notifiable diseases’means the diseases listed in Annex A.

2. In addition, the definitions, other than those of approved centres and bodies, contained in Article 2 of Directives 64/432/EEC, 91/67/EEC and 90/539/EEC shall apply mutatis mutandis.

CHAPTER II

Provisions applicable to trade

Article 3

The Member States shall ensure that the trade referred to in Article 1, first paragraph, is not prohibited or restricted for animal health reasons other than those arising from the application of this Directive or from Community legislation, and in particular any safeguard measures taken.

▼

Pending Community provisions on the matter, Sweden may maintain its national rules as regards snakes and other reptiles consigned to it.

▼B

Article 4

Member States shall take the necessary measures to ensure that, for the purposes of applying Article 4 (1) (a) of Directive 90/425/EEC, the animals referred to in Articles 5 to 10 of this Directive may without prejudice to Article 13 and to the particular provisions to be adopted in implementation of Article 24, be the subject of trade only if they satisfy the conditions laid down in Articles 5 to 10 and come from the holdings or businesses referred to in Article 12 (1) and (3) of this Directive which are registered by the competent authority and which undertake to:

— have the animals held examined regularly in accordance with Article 3 (3) of Directive 90/425/EEC,

— notify the competent authority, aside from the outbreak of notifiable diseases, of the outbreak of the diseases referred to in Annex B for which the Member State concerned has drawn up a control or monitoring programme,

— comply with the specific national measures to control a disease which is of particular importance to a given Member State and is covered by a programme drawn up in accordance with Article 14 or a decision under Articles 15 (2),

— place on the market for the purposes of trade only animals which show no signs of disease and which come from holdings or areas not subject to any ban on animal health grounds and with respect to animals not accompanied by a health certificate or a commercial document provided for in Articles 5 to 11, only animals accompanied by self-certification by the operator stating that the animals in question do not at the time of dispatch show any obvious signs of disease and that his holding is not subject to any animal-health restrictions,

— comply with the requirements ensuring the welfare of the animals held.

Article 5

1. Member States shall ensure that trade in apes (simiae and prosimiae) is restricted solely to animals consigned from and to a body, institute or centre approved by the competent authorities of the Member States in accordance with Article 13 and that such animals are accompanied by a veterinary certificate corresponding to the specimen in Annex E, the declaration in which must be completed by the official veterinarian of the body, institute or centre of origin to guarantee the animals' health.

2. The competent authority of a Member State may, by way of derogation from paragraph 1, authorize the acquisition by an approved body, institute or centre of apes belonging to an individual.

Article 6

A. Without prejudice to Article 14 and 15, Member States shall ensure that ungulates of species other than those referred to in Directives 64/432/EEC, 90/426/EEC and 91/68/EEC may be the subject of trade only if they meet the following requirements:

1. in general they:

(a) must be identified in accordance with Article 3 (1) (c) of Directive 90/425/EEC;

(b) must not be intended for slaughter under a programme for the eradication of an infectious disease;

(c) must not have been vaccinated against foot-and-mouth disease and must satisfy the relevant requirements of Directive 85/511/EEC and Article 4a of Directive 64/432/EEC;

(d) must come from a holding referred to in Article 3 (2) (b) and (c) of Directive 64/432EEC which is not the subject of animal health measures, particularly those taken under Directives 85/511/EEC, 80/217/EEC ( 7 ) and 91/68/EEC and have been kept therein permanently since birth or for the last thirty days before dispatch;

▼M7

(e) must be accompanied by a certificate corresponding to the specimen given in Annex E part 1, bearing the following declaration:

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▼M7 —————

▼B

2. in the case of ruminants:

(a) they must come from an officially tuberculosis-free and officially brucellosis-free herd in accordance with Directive 64/432/EEC or Directive 91/68/EEC and satisfy, as...