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Document 01991L0068-20131220
Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (91/68/EEC)
Consolidated text: Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (91/68/EEC)
Council Directive of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (91/68/EEC)
01991L0068 — EN — 20.12.2013 — 014.001
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COUNCIL DIRECTIVE of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 046 19.2.1991, p. 19) |
Amended by:
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Official Journal |
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No |
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date |
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L 74 |
42 |
17.3.1994 |
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L 371 |
14 |
31.12.1994 |
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L 102 |
63 |
12.4.2001 |
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DIRECTIVE 2001/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 May 2001 |
L 147 |
41 |
31.5.2001 |
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L 91 |
31 |
6.4.2002 |
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L 122 |
1 |
16.5.2003 |
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L 169 |
51 |
8.7.2003 |
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L 258 |
11 |
10.10.2003 |
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L 248 |
1 |
22.7.2004 |
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L 340 |
68 |
23.12.2005 |
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L 363 |
352 |
20.12.2006 |
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L 219 |
40 |
14.8.2008 |
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L 158 |
234 |
10.6.2013 |
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L 233 |
48 |
31.8.2013 |
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L 346 |
75 |
20.12.2013 |
Amended by:
C 241 |
21 |
29.8.1994 |
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L 001 |
1 |
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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.
Article 2
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 ( 6 ) shall apply as far as applicable.
In addition, the following definitions apply for the purposes of this Directive:
‘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;
‘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;
‘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;
‘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;
‘brucellosis-free ovine or caprine holding’ means a holding which satisfies the conditions laid down in Chapter 2 of Annex A;
‘compulsorily notifiable disease’ means a disease listed under Section I of Annex B;
‘official veterinarian’ means a veterinarian designated by the competent central authority of the Member State;
‘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;
‘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;
‘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;
‘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;
‘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;
‘transporter’ means any natural or legal person referred to in Article 5 of Directive 91/628/EEC;
‘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. |
— Bulgaria: |
област |
— Romania: |
județ. |
— Croatia: |
županija. |
Article 3
Article 4
Member States shall ensure that ovine and caprine animals:
are identified and registered in accordance with Community legislation;
are inspected by an official veterinarian during the 24 hours preceding the loading of the animals, and show no clinical sign of disease;
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:
42 days in the case of brucellosis,
30 days in the case of rabies,
15 days in the case of anthrax;
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;
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.
Member States shall ensure that the following animals are not the subject of trade:
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;
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.
Member States shall ensure that ovine and caprine animals shall:
either have been born and reared since birth in the Community, or
have been imported from a third country in accordance with Community legislation.
Article 4a
Member States shall ensure that ovine and caprine animals for slaughter, breeding and fattening are not dispatched to another Member State, unless the animals:
have been continuously resident on the holding of origin for at least 30 days, or since birth if the animals are younger than 30 days of age,
do not come from a holding into which ovine or caprine animals have been introduced during the 21 days prior to dispatch,
do not come from a holding into which biungulate animals imported from a third country have been introduced during the 30 days prior to dispatch.
Article 4b
Without prejudice to Article 9(1) in the case of transport by sea, the time limit of six days shall be prolonged by the duration of the sea journey.
In the case of ovine and caprine animals for slaughter, the approved assembly centre may be substituted by approved dealer's premises situated in the Member State of origin.
Article 4c
By way of derogation from Article 4b(3) and (4), and without prejudice to the provisions in Article 4b(2), ovine and caprine animals for slaughter may, after leaving the holding of origin, pass through one additional assembly centre under the following alternative conditions:
the animals, before passing through the approved assembly centre referred to in Article 4b(4) which is situated in the Member State of origin, comply with the following conditions:
after leaving the holding of origin the animals pass through one single assembly centre under official veterinary supervision, which permits at the same time only animals of at least the same health status,
without prejudice to Community legislation on identification of sheep and goats, at the latest at that assembly centre the animals are individually identified so as to enable in each case the tracing of the holding of origin and
from the assembly centre the animals are, accompanied by an official veterinary document, transported to the approved assembly centre referred to in Article 4b(4) to be certified and consigned directly to a slaughterhouse in the Member State of destination;
or
the animals may after dispatch from the Member State of origin transit through one approved assembly centre before being consigned to the slaughterhouse in the Member State of destination under the following conditions:
either the approved assembly centre is situated in the Member State of destination from where the animals must be removed under the responsibility of the official veterinarian directly to a slaughterhouse to be slaughtered within five days of arrival at the approved assembly centre, or
the approved assembly centre is situated in one Member State of transit from where the animals are consigned directly to the slaughterhouse in the Member State of destination indicated in the animal health certificate issued in accordance with Article 9(6).
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 the following requirements:
They must have been obtained from a holding and must only have been in contact with animals from such a holding:
in which the following diseases have not been clinically diagnosed:
or which, without prejudice to compliance with the requirements for other diseases, provides, for one or more of the abovementioned diseases, within the framework of a programme approved in accordance with Articles 7 and 8, health guarantees which are equivalent for the said disease or diseases;
where no facts suggesting that the requirements of point (i) have not been met, have been brought to the attention of the official veterinarian responsible for issuing the health certificate;
whose owner states that he has no knowledge of any such facts and, moreover, states in writing that the animal or animals intended for intra-Community trade comply with the criteria laid down in point (i);
▼M4 —————
whith regard to contagious epidydimitis (B. ovis), non castrated rams, for breeding, must:
the certificate corresponding to Model III of Annex E states that these requirements have been met.
Article 7
A Member State which has a compulsory or voluntary national control programme or a national monitoring programme for one of the infectious or contagious diseases ►M4 referred to in Annex B, Section III ◄ for all or part of its territory may submit the said programme to the Commission, outlining in particular:
Article 8
Where a Member State considers that its territory or part of its territory is free from one of the diseases ►M4 listed in Annex B, Section III ◄ to which ovine and caprine animals are susceptible, it shall present to the Commission appropriate supporting documentation, setting out in particular:
Article 8a
Member States shall ensure that, in order to be approved by the competent authority, assembly centres must at least:
be under the control of an official veterinarian who shall ensure that, in particular, the provisions of Article 3(5) are complied with;
be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community legislation and/or national legislation;
be cleaned and disinfected before use, as required by the official veterinarian;
have, taking into account the animal capacity of the assembly centre:
admit only animals which are identified in accordance with Community legislation and comply with the animal health conditions set down in this Directive for the category of animals concerned. To this end, when animals are admitted, the owner or person in charge of the centre shall ensure they are accompanied by health documents or appropriate certificates for the species and categories involved;
be regularly inspected by the competent authority in order to ascertain that the requirements for approval continue to be fulfilled.
The owner or person in charge of the assembly centre shall be required, on the basis either of the accompanying documents for the animals or of the identification numbers or marks of the animals, to record on a register or a database and retain for a minimum period of three years the following information:
The competent authority shall draw up and keep up to date a list of approved assembly centres and their unique approval numbers and make it available to the other Member States and to the public.
Article 8b
Member States shall ensure that all dealers are registered and, for the purpose of intra-Community trade, approved and issued with an approval number by the competent authority and that approved dealers comply with at least the following conditions:
they must deal only in animals which are identified and come from holdings that conform with the conditions set out in Article 3. To this end, the dealer shall ensure that the animals are properly identified and are accompanied by health documents as appropriate in accordance with this Directive;
the dealer shall be required, either on the basis of the document accompanying the animals, or on the basis of identification numbers or marks on the animals, to keep a record or database and to store the following data for at least three years:
when the dealer keeps animals on his premises he shall ensure that:
Member States shall ensure that all premises used by a dealer in connection with his business are registered and issued with an approval number by the competent authority and that they comply with at least the following conditions:
they must be under the control of an official veterinarian;
they must be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community or national legislation;
they must have:
they must be cleaned and disinfected before use, as required by the official veterinarian.
Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 15(2).
Article 8c
Member States shall ensure that the transporters referred to in Article 5 of Directive 91/628/EEC meet the following additional conditions:
for the carriage of animals they must use means of transport which are:
they must either have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung, or they must provide documentary evidence that these operations are performed by a third party approved by the competent authority.
The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be kept for a minimum period of three years:
places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up,
places and dates of delivery, and the name or business name and address of the consignee(s),
species and number of animals carried,
date and place of disinfection,
details of accompanying documentation, number, etc.
Member States shall ensure that transporters give a written undertaking stating in particular that:
Article 9
Article 10
‘Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals,
OJ No L 46, 19. 2. 1991, p. 19.’
Article 11
The rules applicable in respect of the inspections referred to in this Article shall be laid down in accordance with the same procedure.
Article 12
Member States which implement an alternative control system providing guarantees equivalent to those laid down in Article 5 and Article 6 (a) and (c) as regards movements within their territory of ovine and caprine animals may grant one another derogations from the inspection provided for under Article 4 (1) (b) and the obligation to produce a certificate provided for under Article 9 on a reciprocal basis. They shall notify the Commission thereof.
▼M7 —————
Article 14
Article 15
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
▼M7 —————
Article 17
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with:
Articles 7 and 8 of this Directive two months after the notification date thereof, it being understood that the corresponding national provisions shall continue to apply until the approval of the programmes and in the absence of programmes until the date referred to in (ii);
the other provisions of this Directive not later than 31 December 1992.
Article 18
This Directive is addressed to the Member States.
ANNEX A
CHAPTER 1
I. Officially brucellosis (B. melitensis)-free ovine or caprine holding
Grant of status
An officially brucellosis (B. melitensis)-free ovine or caprine holding means
a holding:
in which all the animals which are susceptible to brucellosis (B. melitensis) have been free from clinical or any other signs of brucellosis (B. melitensis) for at least 12 months;
which contains no ovine or caprine animals which have been vaccinated against brucellosis (B. melitensis), save those vaccinated at least two years previously with Rev. 1 vaccine or any other vaccine approved under the procedure laid down in Article 15 of this Directive;
in which two tests separated by an interval of six months or more have been carried out, with negative results, in accordance with Annex C on all ovine and caprine animals on the holding over six months of age at the time of testing; and
in which, following the tests referred to in point (c), there are only ovine or caprine animals born on the holding or which have come from an officially brucellosis-free or brucellosis-free holding under the conditions laid down in point D,
and in which, after qualification, the requirements laid down in point B continue to be fulfilled;
a holding situated in an officially recognized brucellosis-free Member State or region in accordance with point II.
Maintenance of status
In the case of officially brucellosis (B. melitensis)-free ovine or caprine holdings which are not situated in a part of the territory which is recognized as officially brucellosis-free, and in which, after qualification, the introduction of animals is carried out in accordance with the requirements of point D, a representative number of the ovine and caprine animals over six months old must be checked annually. The holding may retain its officially brucellosis (B. melitensis)-free status if the results of the tests are negative.
The representative number of animals to be tested must, for each holding, consist of the following:
For a region which is not officially brucellosis-free where more than 99 % of the ovine or caprine holdings are declared to be officially brucellosis (B. melitensis)-free, the frequency of checks of officially brucellosis-free ovine or caprine holdings may be extended to three years, provided that the holdings which are not officially brucellosis free are placed under official control or undergo an eradication programme.
Suspected or actual cases of brucellosis
Where, on an officially brucellosis-free ovine or caprine holding,
one or more ovine or caprine animals are suspected of having brucellosis (B. melitensis), the holding's officially brucellosis-free status must be withdrawn by the competent authority. However, that status may be provisionally suspended if the animal or animals are immediately destroyed or isolated, pending official confirmation of the disease or an official quashing of the suspicion of that disease;
brucellosis (B. melitensis) is confirmed, the provisional suspension may be lifted by the competent authority only if all animals infected or all the animals of species susceptible to infection are slaughtered and two tests, separated by an interval of at least three months or more, and carried out in accordance with Annex C on all the animals of the holding over six months old, give negative results.
If the holding referred to in paragraph 1 is in a region which is recognized as officially free from brucellosis (B. melitensis), the Member State concerned must immediately inform the Commission and the other Member States.
The competent authority of the Member State concerned must:
slaughter all infected animals and all animals of species susceptible to infection on the holding concerned. The Member State concerned must keep the Commission and the other Member States informed of the development of the situation;
conduct an epidemiological enquiry, and the herds linked epidemiologically to the infected herd must undergo the tests laid down in point 1 (b).
Should an outbreak of brucellosis be confirmed in accordance with point 2, the Commission after having assessed the circumstances of the renewed outbreak of brucellosis (B. melitensis) shall adopt, if that assessment so justifies, under the procedure laid down in Article 15, a decision suspending or withdrawing the status of that region. If the status is withdrawn, the conditions for a new qualification shall be specified in accordance with the same procedure.
Introduction of animals onto an officially brucellosis (B. melitensis)-free ovine or caprine holding
Ovine or caprine animals may not be introduced into an ovine or caprine holding which is officially free from brucellosis unless they either:
or:
II. Officially brucellosis-free Member State or region
Any Member State or region within the meaning of Article 2 (10) of this Directive may be recognized, under the procedure laid down in Article 15, as being officially brucellosis-free:
in which at least 99,8 % of the ovine or caprine holdings are officially brucellosis-free holdings;
or
which fulfils the following conditions:
ovine or caprine brucellosis is a disease that has been compulsorily notifiable for at least five years;
no case of ovine or caprine brucellosis has been officially confirmed for at least five years;
vaccination has been prohibited for at least three years; and
for which compliance with these conditions has been established under the procedure set out in Article 15 of this Directive;
in which the conditions set out in point 1 have been satisfied; and
the conditions for qualification continue to be fulfilled.
CHAPTER 2
Brucellosis (B. melitensis)-free ovine or caprine holding
Grant of status
A. An ovine or caprine holding is considered to be brucellosis (B. melitensis)-free:
in which:
all the animals susceptible to brucellosis (B. melitensis) have been free from clinical or other signs of brucellosis for at least 12 months;
all or some of the ovine or caprine animals have been vaccinated with Rev. 1 vaccine or any other vaccine approved under the procedure laid down in Article 15 of this Directive. The vaccinated animals must have been vaccinated before the age of seven months;
two tests separated by an interval of six months or more have been carried out, with negative results, in accordance with Annex C, on all vaccinated ovine and caprine animals on the holding which are over 18 months old at the time of testing;
two tests separated by an interval of six months or more have been carried out, with negative results, in accordance with Annex C, on all non-vaccinated ovine and caprine animals on the holding which are over six months old at the time of testing; and
after the tests referred to under points (c) or (d) have been carried out, all the ovine and caprine animals on the holding were either born there or come from a brucellosis-free holding under the conditions laid down in section D; and
in which the requirements laid down under B continue to be fulfilled once it has qualified as brucellosis-free.
Maintenance of status
An annual test must be carried out on a representative number of the ovine and caprine animals on each holding. The holding may retain its status only if the tests are negative.
The representative number of animals to be tested must, for each holding, consist of:
Suspected or actual cases of brucellosis
The brucellosis-free status of an ovine or caprine holding must be withdrawn if the holding contains one or more ovine or caprine animals which are suspected of having brucellosis (B. melitensis). However, that status may be provisionally suspended if the animal or animals are immediately destroyed or isolated pending official confirmation of the disease or an official quashing of the suspicion of that disease.
If brucellosis (B. melitensis) is confirmed, the provisional suspension may be lifted only if all animals infected or all the animals of the species susceptible to infection are slaughtered and two tests, separated by an interval of three months or more and carried out in accordance with Annex C on,
both give negative results.
Introduction of animals into a brucellosis (B. melitensis)-free ovine or caprine holding
The following animals only may be introduced into an ovine or caprine holding which is free from brucellosis:
ovine or caprine animals which come from an ovine or caprine holding which is free from or officially free from brucellosis (B. melitensis);
until the date laid down for holdings to qualify as brucellosis-free in accordance with the eradication plans adopted under Decision 90/242/EEC ( 10 ) ovine or caprine animals from holdings other than those referred to in point 1, provided that they meet the following conditions:
they must be individually identified in accordance with Article 4 (1) (a) of this Directive;
they must originate in a holding on which all animals belonging to species which are susceptible to brucellosis (B. melitensis) have shown no clinical or other signs of brucellosis (B. melitensis) for at least 12 months;
they must have been vaccinated with Rev. 1 vaccine or any other vaccine approved in accordance with the procedure laid down in Article 15 of this Directive before the age of seven months and not less than 15 days before entering the holding of destination.
Change of status
A brucellosis (B. melitensis)-free ovine or caprine holding may qualify as an officially brucellosis (B. melitensis)-free herd after a minimum period of two years if:
it contains no animal which has been vaccinated against brucellosis (B. melitensis) during the preceding two years at least;
the conditions laid down in point D.2. have been complied with throughout that period;
at the end of the second year, a test carried out, in accordance with Annex C, on all animals aged over six months has in each case given a negative result.
ANNEX B
I ( 11 )
▼M4 —————
III
ANNEX C
Brucellosis (B. melitensis) tests
For a holding to qualify for brucellosis-free status, testing for brucellosis (B. melitensis) is performed by means of the Rose Bengal method or by the complement-fixation method described in the Annex to Decision 90/242/EEC or by any other method recognized in accordance with the procedure laid down in Article 15 of this Directive. The complement-fixation method is used for tests on individual animals.
When carrying out the Rose Bengal test, if more than 5 % of the animals on a holding show a positive reaction, a further test is carried out on every animal on the holding by means of the complement-fixation method.
Serum containing 20 or more ICFT units/ml must be regarded as positive in the complement-fixation test.
The antigens used must be approved by the national laboratory and must be standardized against the second international standard anti-brucella abortus serum.
ANNEX D
Official contagious epidydimitis (Brucella ovis) test
Complement-fixing test:
The specific antigen used must be approved by the national laboratory and must be standardized against the international standard anti-brucella ovis serum.
The working serum must be standardized with the international standard anti-brucella ovis serum prepared by the Central Veterinary Laboratory, Weybridge, Surrey, United Kingdom.
A serum containing 50 or more International Units per/ml must be regarded as positive.
ANNEX E
MODEL I
MODEL II
MODEL III
( 1 ) OJ No C 48, 27. 2. 1989, p. 21.
( 2 ) OJ No C 96, 17. 4. 1989, p. 187.
( 3 ) OJ No C 194, 31. 7. 1989, p. 9.
( 4 ) OJ No 121, 29. 7. 1964, p. 1977/64.
( 5 ) OJ No L 224, 18. 8. 1990, p. 29.
( 6 ) OJ L 340, 11.12.1991, p. 17. Directive as last amended by Directive 95/29/EC (OJ L 148, 30.6.1995, p. 52).
( 7 ) OJ No L 224, 18. 8. 1990, p. 19.
( 8 ) OJ L 31, 1.2.2002, p. 1.
( 9 ) OJ L 184, 17.7.1999, p. 23.
( 10 ) OJ No L 140, 1. 6. 1990, p. 123.
( 11 ) Compulsorily notifiable diseases