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

• Published date: 19 February 1991
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 46, 19 febbraio 1991,Diario Oficial de las Comunidades Europeas, L 46, 19 de febrero de 1991,Journal officiel des Communautés européennes, L 46, 19 février 1991

1991L0068 — EN — 16.11.2016 — 015.001

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►B COUNCIL DIRECTIVE of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (91/68/EEC) (OJ L 046 19.2.1991, p. 19)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION DECISION 94/164/EC of 18 February 1994	L 74	42	17.3.1994
►M2	COMMISSION DECISION 94/953/EC of 20 December 1994	L 371	14	31.12.1994
M3	COMMISSION DECISION 2001/298/EC of 30 March 2001	L 102	63	12.4.2001
►M4	DIRECTIVE 2001/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 May 2001	L 147	41	31.5.2001
M5	COMMISSION DECISION 2002/261/EC of 25 March 2002	L 91	31	6.4.2002
►M6	COUNCIL REGULATION (EC) No 806/2003 of 14 April 2003	L 122	1	16.5.2003
►M7	COUNCIL DIRECTIVE 2003/50/EC of 11 June 2003	L 169	51	8.7.2003
M8	COMMISSION DECISION 2003/708/EC of 7 October 2003	L 258	11	10.10.2003
M9	COMMISSION DECISION 2004/554/EC of 9 July 2004	L 248	1	22.7.2004
M10	COMMISSION DECISION 2005/932/EC of 21 December 2005	L 340	68	23.12.2005
►M11	COUNCIL DIRECTIVE 2006/104/EC of 20 November 2006	L 363	352	20.12.2006
►M12	COUNCIL DIRECTIVE 2008/73/EC Text with EEA relevance of 15 July 2008	L 219	40	14.8.2008
►M13	COUNCIL DIRECTIVE 2013/20/EU of 13 May 2013	L 158	234	10.6.2013
M14	COMMISSION IMPLEMENTING DECISION 2013/445/EU of 29 August 2013	L 233	48	31.8.2013
M15	COMMISSION IMPLEMENTING DECISION 2013/784/EU of 18 December 2013	L 346	75	20.12.2013
►M16	COMMISSION IMPLEMENTING DECISION (EU) 2016/2002 Text with EEA relevance of 8 November 2016	L 308	29	16.11.2016

Amended by:

A1	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)	C 241	21	29.8.1994
		L 001	1	..

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▼B

COUNCIL DIRECTIVE

of 28 January 1991

on animal health conditions governing intra-Community trade in ovine and caprine animals

(91/68/EEC)

Article 1

This Directive defines the animal health conditions governing intra-Community trade in ovine and caprine animals.

▼M7

Article 2

(a) The definitions given in Article 2 of Directive 90/425/EEC and in Article 2 of Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC ( 1 ) shall apply as far as applicable.

(b) In addition, the following definitions apply for the purposes of this Directive:

1. ‘ovine or caprine animals for slaughter’ means animals of the ovine or caprine species intended to be taken either directly or via an approved assembly centre to a slaughterhouse in order to be slaughtered;

2. ‘ovine or caprine animals for breeding’ means ovine and caprine animals other than those mentioned in points 1 and 3 intended to be transported to the place of destination, either directly or via an approved assembly centre, for breeding and production purposes;

3. ‘ovine or caprine animals for fattening’ means ovine and caprine animals other than those mentioned in points 1 and 2 intended to be transported to the place of destination, either directly or via an approved assembly centre, in order to be fattened for subsequent slaughter;

4. ‘officially brucellosis-free ovine or caprine holding’ means a holding which satisfies the conditions laid down in Section I of Chapter 1 of Annex A;

5. ‘brucellosis-free ovine or caprine holding’ means a holding which satisfies the conditions laid down in Chapter 2 of Annex A;

6. ‘compulsorily notifiable disease’ means a disease listed under Section I of Annex B;

7. ‘official veterinarian’ means a veterinarian designated by the competent central authority of the Member State;

8. ‘holding of origin’ means any holding on which the ovine and caprine animals have been continuously present as required by this Directive and on which records are maintained demonstrating the residence of the animals which may be audited by the competent authorities;

9. ‘assembly centre’ means collection centres and markets, at which under the supervision of the official veterinarian ovine and caprine animals originating from different holdings are grouped together to form consignments of animals for national movement;

10. ‘approved assembly centre’ means premises on which ovine or caprine animals originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade;

11. ‘dealer’ means any natural or legal person who buys and sells animals commercially either directly or indirectly, who has a turnover of these animals and who within a maximum of 29 days of purchasing animals resells them or relocates them from the first premises to other premises or directly to a slaughterhouse not within his ownership;

12. ‘approved dealer's premises’ means premises operated by a dealer as defined in point 11 and approved by the competent authorities at which ovine or caprine animals originated from different holdings are grouped together to form consignments of animals intended for intra-Community trade;

13. ‘transporter’ means any natural or legal person referred to in Article 5 of Directive 91/628/EEC;

14. ‘region’means that part of a Member State's territory which is at least 2 000 km2 in area and which is subject to inspection by the competent authorities and includes at least one of the following administrative regions:

— Belgium:	province/provincie
— Germany:	Regierungsbezirk
— Denmark:	amt or island
— France:	département
— Italy:	provincia
— Luxembourg	—
— Netherlands:	RVV-kring
— United Kingdom:
England, Wales and Northern Ireland:	county
Scotland:	district or island area
— Ireland:	county
— Greece:	νομός
— Spain:	provincia
— Portugal:
continent:	distrito
other parts of Portugal's territory:	região autónoma
— Austria:	Bezirk
— Sweden:	län
— Finland:	lääni/län.
▼M11
— Bulgaria:	област
— Romania:	județ.
▼M13
— Croatia:	županija.

▼M7

Article 3

(1) Ovine and caprine animals for slaughter may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b and 4c.

(2) Ovine and caprine animals for fattening may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b and 5, without prejudice to any additional guarantees which may be required pursuant to Articles 7 and 8.

(3) Ovine and caprine animals for breeding may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b, 5 and 6, without prejudice to any additional guarantees which may be required pursuant to Articles 7 and 8.

(4) By way of derogation from the provisions in paragraphs 2 and 3, the competent authorities of Member States of destination may grant general or limited derogations in respect of movement of ovine and caprine animals for breeding and fattening, intended solely for temporary pasturing near internal borders of the Community. Member States making use of such derogation shall inform the Commission of the content of the derogations granted.

(5) Ovine and caprine animals 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.

Article 4

(1) Member States shall ensure that ovine and caprine animals:

(a) are identified and registered in accordance with Community legislation;

(b) are inspected by an official veterinarian during the 24 hours preceding the loading of the animals, and show no clinical sign of disease;

(c) do not come from a holding, nor have been in contact with animals from a holding, which is the subject of a prohibition on animal health grounds; the period of such prohibition shall last after the slaughter and/or the disposal of the last animal suffering from or susceptible to one of the diseases referred to in points (i), (ii) or (iii), for at least:

(i) 42 days in the case of brucellosis,

(ii) 30 days in the case of rabies,

(iii) 15 days in the case of anthrax;

(d) do not come from a holding, nor have been in contact with animals from a holding, situated in an area which for health reasons is subject to a prohibition or restriction affecting the species involved in accordance with Community and/or national legislation;

(e) are not the subject of animal health restrictions pursuant to Community legislation on foot-and-mouth disease nor have they been vaccinated against foot-and-mouth disease.

(2) Member States shall ensure that the following animals are not the subject of trade:

(a) ovine and caprine animals which may have to be slaughtered under a national programme for the eradication of diseases not referred to in Annex C to Directive 90/425/EEC or in Chapter I of Annex B to this Directive;

(b) ovine and caprine animals which cannot be marketed on their own territory for health or animal health reasons justified by Article 30 of the Treaty.

(3) Member States shall ensure that ovine and...