Council Directive 2004/68/ECShow full title

Article 16 Amendment to Directive 92/65/EEC

Directive 92/65/EEC is hereby amended as follows:

1)

the first subparagraph of Article 1 shall be replaced by the following:

“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.”.

2)

Article 6 shall be amended as follows:

(a)

in A(l), point (e) shall be replaced by;

“(e)

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

Declaration

I, the undersigned (official veterinarian), certify that the ruminant(s)(1)/suida(e)(1) other than that(1)/those(1) covered by Directive 64/432/EEC:

(i)

belong/belongs(1) to the;

(species)

(ii)

at the time of examination, do(1)/does(1) not show any clinical sign of any disease to which it(1)/they(1) is(1)/are(1) susceptible;

(iii)

come(s) from an officially tuberculosis free(1)/officially brucellosis free(1) or brucellosis free herd(1)/holding(1) not subject to swine fever restrictions or from a holding where it(1)/they(1) was(1)/were(1) subjected with negative results to the test(s) laid down in Article 6(2)(b) of Directive 92/65/EEC.”;

(b)

In A(l), point (f) shall be deleted;

(c)

in A(2), point (b) shall be replaced by:

“where they do not come from a herd meeting the conditions laid down in (a), they must come from a holding in which no case of brucellosis or tuberculosis has been recorded in the 42 days preceding loading of the animals and in which the ruminants have in the 30 days prior to dispatch undergone with negative results a test for brucellosis and tuberculosis.”;

(d)

in A(3), points (e), (f) and (g) shall be deleted;

(e)

the following point shall be added to (A):

“4)

The testing requirements referred to in this Article and their criteria may be established in accordance with the procedure laid down in Article 26. These decisions shall take into consideration the case of ruminants reared in the arctic regions of the Community.

Pending the decisions provided for in the preceding subparagraph, national rules shall continue to apply.”;

3)

Article 17 shall be amended as follows:

(a)

in paragraph 3, points (a) and (b) shall be replaced by the following:

“(a)

a list of third countries or parts of third countries able to provide Member States and the Commission with guarantees equivalent to those provided for in Chapter II in relation to animals, semen, ova and embryos and,

(b)

without prejudice to Commission Decision 94/63/EC of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species(2), a list of the collection centres for which these third countries are able to give the guarantees provided for in Article 11."

The Commission shall inform the Member States of any proposed amendments to the lists of centres and the Member States shall have ten working days, from the date of receipt of the proposed amendments, to send written comments to the Commission.

Where no written comments are received from the Member States within that period of ten working days, the proposed amendments shall be considered to have been accepted by the Member States and imports shall be authorised in accordance with the amended lists when the Commission notifies the competent authorities of the Member States and the third country concerned that the amendments are published on the web site of the Commission.

Where written comments are received from at least one Member State within the period of ten working days, the Commission shall inform the Member States and the Standing Committee on the Food Chain and Animal Health at its next meeting for a decision to be adopted in accordance with the procedure referred to in the second subparagraph of Article 26.”;

4)

in Article 23, the words "from Article 6 (A)(l)(e) and" shall be deleted;

5)

Article 26 shall be replaced by the following:

“Article 26

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council.(3)

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC(4) shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.”;

6)

The text in Annex IV to this Directive shall be added as Annex F.

(1)

Delete where inapplicable.;

(2)

OJ L 28, 2.2.1994, p. 47. Decision as last amended by Decision 2004/211/EC";

(3)

OJ L 31, 1.2.2002, p. 1.

(4)

OJ L 184, 17.7.1999, p. 23.";