Explanatory Memorandum to COM(2003)570 - Animal health rules for the importation into the EC of certain live ungulate animals

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dossier COM(2003)570 - Animal health rules for the importation into the EC of certain live ungulate animals.
source COM(2003)570 EN
date 01-10-2003
The outbreaks of disease within the European Union in particular of foot-and-mouth disease (FMD) and also classical swine fever (CSF) in recent years have prompted a thorough review of Community measures to prevent and combat these animal diseases. As part of the response to the threat of possible future outbreaks, the Commission is proposing to rationalise, strengthen and update the legislation governing the importation into the Community of wild and domestic animals of species susceptible to either or both FMD and CSF.

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries ensures a high level of animal health protection by laying down the general sanitary requirements for certain imports from third countries.

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, lays down the conditions for the importation into the Community of ungulate animals other than domestic bovine, ovine, caprine, porcine and equine animals, and provides for a list to be laid down of third countries from which Member States are allowed to import such animals and the health requirements to be met.

Under Directive 90/426/EEC of 24 June 1990 on animal health conditions governing the movement of and import from third countries of equidae, imports into the Community of equidae are allowed only from third countries appearing on a list drawn up in accordance with Directive 72/462/EEC. The provisions for establishing lists of third countries for equidae should be included in Directive 90/426/EEC and therefore this Directive should be amended accordingly.

The general requirements of Council 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 in particular as regards watering and feeding should be taken into account.

In addition Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption replaces the requirements for meat and meat products in Directive 72/462/EEC; therefore it is opportune to lay down similar and updated animal health measures for live ungulate animals in a new Directive.

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers on the Commission.

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food establishes new comitology procedures and terminolgy which needs to be taken into account.

The proposals will bring together the import conditions and requirements for FMD susceptible species currently contained in two separate Directives - one covering domestic species (Council Directive 72/462/EEC) and the other covering wild species (Council Directive 92/65/EEC). Directive 90/426/EEC and Directive 92/65/EEC should therefore be amended accordingly. The proposal should also be adapted to take into account Decision 1999/468/EC.

The new legal base will bring EU basic legislation more into line with the new recommendations of the Office International des Epizooties (OIE).

In brief, the attached proposals will:

* consolidate, in a single legal act the animal health import requirements relating to all cloven-hoofed animal species and;

* clarify the conditions for granting authorisation to a third country for the exportation of equidae (e.g. horses) to the EU and;

* amend Directives 90/426/EEC and 92/65/EEC accordingly.