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

• Coming into Force: 30 June 1964
• End of Effective Date: 20 April 2021
• ELI: http://data.europa.eu/eli/dir/1964/432/oj
• Published date: 29 July 1964
• Date: 26 June 1964
• Official Gazette Publication: Journal officiel des Communautés européennes, P 121, 29 juillet 1964

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Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine /* CONSOLIDATED VERSION SEE 375Y0820(01) */

Official Journal 121 , 29/07/1964 P. 1977 - 2012
Finnish special edition: Chapter 3 Volume 1 P. 0065
Danish special edition: Series I Chapter 1963-1964 P. 0154
Swedish special edition: Chapter 3 Volume 1 P. 0065
English special edition: Series I Chapter 1963-1964 P. 0164
Greek special edition: Chapter 03 Volume 1 P. 0108
Spanish special edition: Chapter 03 Volume 1 P. 0077
Portuguese special edition Chapter 03 Volume 1 P. 0077

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

THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,

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;

Having regard to the Opinion of the Economic and Social Committee 2;

Whereas Council Regulation No 20 on the progressive establishment of a common organisation of the market in pigmeat 3 is already in force and a similar regulation is to be adopted for beef and veal and whereas these regulations also concern trade in live animals;

Whereas Regulation No 20 substitutes for the numerous traditional means of protection at the frontier a single system designed in particular to facilitate intra-Community trade ; whereas the regulation to be adopted for beef and veal is also designed to eliminate obstacles to such trade;

Whereas, so long as intra-Community trade in bovine animals and swine is hindered by differences between the health requirements of Member States, the implementation of the above-mentioned regulations will not have the desired effect;

Whereas, to eliminate those differences, measures must be taken within the framework of the common agricultural policy and in line with regulations already adopted or in preparation on the progressive establishment of a common organisation of markets ; whereas the animal health provisions of Member States must therefore be approximated;

Whereas the right of Member States under Article 36 of the Treaty to continue to apply prohibitions or restrictions on imports, exports or goods in transit justified on grounds of the protection of health and life of humans and animals nevertheless does not exempt them from the obligation to approximate the provisions on which those prohibitions and restrictions are based, in so far as the differences between those provisions hinder the implementation and functioning of the common agricultural policy;

Whereas, in the context of such approximation, the exporting country must be required to ensure that bovine animals and swine for breeding, production or slaughter intended for intra-Community trade, the places from which those animals come and are shipped and the means of transport used satisfy certain animal health requirements so as to ensure that the animals are not a source of contagious or infectious disease;

Whereas, so that Member States may be sure that these requirements are satisfied, provision must be made for the issue by an official veterinarian of a health certificate which will accompany the animals to their destination;

Whereas Member States must have the right to prohibit the introduction into their territory of bovine animals and swine if they are found to be suffering or are suspected of suffering from a contagious or infectious disease, if they may spread such disease without actually suffering from it or if they do not comply with Community animal health provisions;

Whereas there is no reason to allow Member States to prohibit the introduction of bovine animals and 1 OJ No 61, 19.4.1963, p. 1254/63. 2 OJ No 121, 29.7.1964, p. 2009/64. 3 OJ No 30, 20.4.1962, p. 945/62. swine into their territory for reasons other than those of animal health and whereas, therefore, the consignor should at his own request or upon request of his representative be allowed to return the animals to the country of export unless there are reasons to the contrary;

Whereas, in case of prohibition or restriction, the reasons therefor should be made known to the consignor of the animals or his representative and to the competent central authority of the country of export so that they be aware of the reasons why such measures were imposed;

Whereas in the event of dispute between himself and the authority of the Member State of destination as to the justification for prohibition or restriction, the consignor should be enabled to obtain the opinion of a veterinary expert whom he may select from a panel drawn up by the Commission;

Whereas in some cases and for certain categories of animals it appears that the general provisions of this Directive may be relaxed without involving any health risk, by allowing consignee Member States to grant general or special derogations;

Whereas, in certain fields presenting special problems, the provisions in Member States cannot be approximated until a more thorough study has been made;

Whereas a simplified amendement procedure may be provided for Annexes B to D since the rules contained in those Annexes are of a technical nature and liable to change ; whereas the Commission should therefore be entrusted with making such amendments after consulting the Member States;

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to intra-Community trade in bovine animals and swine for breeding, production or slaughter.

Article 2

For the purposes of this Directive: (a) "holding" means an agricultural establishment or officially supervised dealer's premises situated in the territory of a Member State, in which animals for breeding, production or slaughter are regularly kept or bred;

(b) "animal for slaughter" means a bovine animal or swine intended to be taken on arrival in the country of destination direct to a slaughterhouse, or to a market adjoining a slaughterhouse under whose rules all animals may be removed, in particular after the market, only to a slaughterhouse approved for this purpose by the competent central authority. In the latter case, the animals must be slaughtered at that slaughterhouse not later than seventy-two hours after arriving at the market;

(c) "animals for breeding or production" means bovine animals and swine other than those referred to in (b), including those intended for breeding, milk or meat production, or draft purposes;

(d) "tuberculosis-free bovine animal" means a bovine animal which satisfies the conditions laid down in Annex A (I) (1);

(e) "officially tuberculosis-free bovine herd" means a bovine herd which satisfies the conditions laid down in Annex A (I) (2);

(f) "brucellosis-free bovine animal" means a bovine animal which satisfies the conditions laid down in Annex A (II) (1);

(g) "officially brucellosis-free bovine herd" means a bovine herd which satisfies the conditions laid down in Annex A (II) (A) (2);

(h) "brucellosis-free bovine herd" means a bovine herd which satisfies the conditions laid down in Annex A (II) (A) (3);

(i) "brucellosis-free swine" means swine which satisfy the conditions laid down in Annex A (II) (B) (1);

(k) "officially brucellosis-free swine herd" means a swine herd which satisfies the conditions laid down in Annex A (II) (B) (2);

(l) "epizootic free area" means an area 20 km in diameter in which, according to official findings, for at least thirty days prior to loading there has been: (i) no incidence of foot-and-mouth disease, in the case of bovine animals;

(ii) no incidence of foot-and-mouth disease, swine fever or contagious swine paralysis (Teschen disease) in the case of swine;

(m) "compulsorily notifiable diseases" means the diseases listed in Annex E;

(n) "official veterinarian" means the veterinarian designated by the competent central authority of the Member State;

(o) "exporting country" means the Member State from which bovine animals and swine are sent to another Member State;

(p) "country of destination" means the Member State to which bovine animals and swine are sent from another Member State.

Article 3

1. Each Member State shall ensure that only bovine animals and swine which fulfil the general conditions laid down in paragraph 2, account being taken where appropriate of the provisions of paragraph 7, and also the special conditions fixed for certain categories of bovine animals and swine in paragraphs 3 to 6, are sent from its territory to that of another Member State.

2. Bovine animals and swine covered by this Directive must: (a) show no clinical sign of disease on the day of loading;

(b) have been obtained from a holding which officially fulfils the following conditions: (i) it shall be situated in the centre of an epizootic free area;

(ii) it shall, for at least three months prior to consignment, have been free from foot-and-mouth disease and bovine brucellosis in the case of bovine animals and from foot-and-mouth disease, bovine and porcine brucellosis, swine fever and contagious porcine paralysis (Teschen disease) in the case of swine;

(iii) it shall, for a least thirty days prior to consignment, have been free from all other compulsorily notifiable diseases which are contagious or infectious for the animal species in question;

(c) in the case of animals for breeding and production, have remained on the holding referred to in 2 (b) during the thirty days preceding loading. The official veterinarian may certify that the animals have remained on the holding during the thirty days preceding loading, in the case of animals identified in the manner provided in subparagraph (d) and placed under official veterinary supervision...