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

• Celex Number: 31991L0068
• Coming into Force: 04 February 1991
• End of Effective Date: 20 April 2021
• ELI: http://data.europa.eu/eli/dir/1991/68/oj
• Published date: 19 February 1991
• Date: 28 January 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

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

Official Journal L 046 , 19/02/1991 P. 0019 - 0036
Finnish special edition: Chapter 3 Volume 36 P. 0155
Swedish special edition: Chapter 3 Volume 36 P. 0155

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the harmonious operation of the common organization of the market in ovine and caprine animals will not have the results expected of it as long as disparities between Member States as regards health conditions act as a restraint on intra-Community trade;

Whereas in order to encourage such trade it is advisable to remove those disparities and introduce Community-wide rules on the marketing of ovine and caprine animals in such trade; whereas that objective will also contribute to the completion of the single market;

Whereas in order to be eligible for intra-Community trade, ovine and caprine animals should meet certain animal health requirements designed to avoid the spread of infectious or contagious diseases;

Whereas the animal health requirements applicable should vary depending on the purpose for which the animals are traded;

Whereas the health situation for ovine and caprine animals is not the same throughout the territory of the Community; whereas reference should therefore be made to 'regions` as defined in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (4), as last amended by Directive 90/425/EEC (5), when dealing with parts of that territory;

Whereas there must be no barriers to trade between regions in which the animal health conditions are equivalent;

Whereas provision should be made for allowing the Commission to approve certain additional requirements

in the light of the progress made by a Member State

in eradicating certain diseases, provided that those requirements in no case exceed those applied nationally by the Member State concerned;

Whereas in order to avoid the spread of infectious or contagious diseases, conditions should be laid down as regards the transportation of the animals to their place of destination;

Whereas in order to ensure that the requirements applicable are complied with, provision should be made for introducing a health certificate which would be issued by an official veterinarian and which would accompany ovine and caprine animals until they reach their place of destination;

Whereas reference should be made, as regards the organization and follow up of the checks to be carried out by the Member States and as regards the protective measures to be introduced, to the general rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view of the completion of the internal market;

Whereas provision should be made for allowing the Commission to conduct its own checks;

Whereas a procedure should be introduced which provides for close and efficient cooperation between the Member States and the Commission within the Standing Veterinary Committee,

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

For the purposes of this Directive, the definitions laid down in Article 2 of Directive 64/432/EEC shall apply, with the addition of the following:

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 market or assembly centre to a slaughterhouse in order to be slaughtered there under the conditions laid down in Article 6 of Directive 64/432/EEC;

2. ovine or caprine animals for breeding and fattening: ovine and caprine animals other than those mentioned in point 1 intended to be transported to the place of destination, either directly or via an approved market or assembly centre;

3. holding: a holding as defined in Article 2 (4) of Directive 90/425/EEC;

4. officially brucellosis-free ovine or caprine holding means a holding which satisfies the conditions laid down in heading I, 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. trade means trade between Member States within the meaning of Article 9 (2) of the Treaty;

7. compulsorily notifiable disease means a disease as listed under Sections I and II of Annex B, the suspicion or appearance of which must be notified to the competent authorities of the Member State;

8. official veterinarian means a veterinarian designated

by the competent central authority of the Member State;

9. approved market or assembly centre means any place, other than the holding, where ovine or caprine animals are sold, bought and/or assembled or loaded, and which complies with Article 3 (7) of Directive 64/432/EEC and Article 5 (1) (b) (i) of Directive 90/425/EEC for approved markets or assembly centres;

10. region means a part of the territory of the Community as defined in Article 2 (o) of Directive 64/432/EEC.

Article 3

1. Ovine and caprine animals for slaughter may be the subject of trade only if they fulfil the conditions laid down in Article 4.

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

However, 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.

Article 4

1. Ovine and caprine animals:

(a) must be identified and registered in accordance

with the requirements of Article 3 (1) (c) of Directive 90/425/EEC; the time limit for notifying the national systems for identifying and registering ovine and caprine animals begins running from the date of adoption of this Directive;

(b) must show no clinical sign of disease when inspected by an official veterinarian, such inspection must take place during the 48 hours preceding the loading of the ovine and caprine animals;

(c) must not come from a holding which is the subject of a prohibition on health grounds and must not have been in contact with animals from such a holding, it being understood that:

i(i) such prohibition shall be linked to an outbreak of any of the following diseases to which the animals are susceptible:

- brucellosis,

- rabies,

- anthrax,

(ii) after slaughter of the last animal suffering from or susceptible to one of the above diseases, the period of prohibition must be at least:

- 42 days in a case of brucellosis,

- 30 days in a case of rabies,

- 15 days in a case of anthrax,

and must not come from a holding or have been in contact with animals from a holding situated in an established protection zone and from which animals are forbidden to leave pursuant to Article 3 (2) (b) (ii) of Directive 64/432/EEC;

(d) must not be the subject of animal health restrictions applied pursuant to Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (1), as amended by Directive 90/423/EEC (2).

Furthermore, the provisions of Article 4a of Directive 64/432/EEC shall apply.

2. Member States shall also ensure that the following are not the subject of trade:

- ovine and caprine animals which might 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,

- ovine and caprine animals which cannot be marketed on their own territory for health or animal health reasons justified by Article 36 of the Treaty.

3. Ovine and caprine animals must also:

- either have been born and reared since birth in the territory of the Community,

- or, if they have been imported, come from a third country included on the list drawn up in accordance with Article 3 of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat and meat products from third countries (1), as last amended by Directive 90/425/EEC, and

i(i) either meet the animal health conditions laid

down in accordance with Article 8 of Directive 72/462/EEC,

(ii) or, in the absence of such conditions, be subject

to compliance with the conditions laid down in

Article 7 (2) second, third and fourth subparagraphs of Directive 90/425/EEC.

Article 5

Without prejudice to the additional guarantees that may be required in accordance with Articles 7 and 8, ovine and caprine animals for breeding and fattening must, in addition to the conditions laid down in Article 4, meet - in order

to be introduced onto an officially brucellosis-free or brucellosis-free ovine or caprine holding - respectively the requirements of Chapter I.D or Chapter 2.D of Annex A.

Article 6

Without prejudice to the additional guarantees that may

be required in accordance with Articles 7 and 8, animals

for breeding must furthermore meet...