Council Directive of 21 December 1982 on the notification of animal diseases within the Community (82/894/EEC)

Council Directive

of 21 December 1982

on the notification of animal diseases within the Community

(82/894/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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 the Community has issued regulations in respect of the health requirements for intra-Community trade in bovine animals and swine, fresh meat, fresh poultry meat and meat products;

Whereas the appearance or presence of certain contagious animal diseases presents a risk to the Community herd, notably by their spread as a result of intra-Community trade; whereas rapid and accurate information is essential for the application of the various protection measures provided for in Community regulations;

Whereas it is for each Member State to notify each other Member State and the Commission of the outbreak and disappearance of certain animal diseases on its territory, in accordance with Article 9 of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade on bovine animals and swine(3), as last amended by Council Directive 80/1274/EEC(4); Article 11 of Council Directive 71/118/EEC of 15 February 1971 dealing with health problems affecting trade in fresh poultrymeat(5), as last amended by Council Directive 80/216/EEC(6); Article 7 of Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat(7), as last amended by Council Directive 80/1099/EEC(8) and Article 7 of Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products(9), as last amended by Council Directive 80/1100/EEC(10);

Whereas the method of notification and the diseases to be notified require to be specifically laid down; whereas, in particular, there should be a periodic review of the disease situation in each Member State;

Whereas, in the light of the experience gained from the aforesaid notification, adaptation to technical needs will be in line with a procedure calling for close cooperation between the Member States and the Commission,

HAS ADOPTED THIS DIRECTIVE:

Article 1 U.K.

1. This Directive refers to the notification of:

• outbreaks of any of the diseases listed in Annex I,

• removal — after eradication of the last outbreak — of restrictions in relation to the outbreak of any diseases listed in Annex I.

2. This Directive shall apply without prejudice to the particular provisions for information in respect of the harmonization of eradication and/or prophylaxis of animal disease.

Article 2 U.K.

For the purposes of this Directive:

(a)

‘holding’ means any establishment (agricultural or other) situated in the territory of a Member State, in which animals are reared or kept;

(b)

‘case’ means the official confirmation of any of the dieseases listed in Annex I in any animal or carcase;

(c)

‘outbreak’ means the holding or place situated in the territory of the Community where animals are assembled and where one or more cases has or have been officially confirmed;

(d)

‘primary outbreak’ means an outbrake not epizootiologically linked with a previous outbreak in the same region of a Member State as defined in Article 2 of Directive 64/432/EEC or the first outbreak in a different region of the same Member State.

Article 3 U.K.

1. Each Member State shall notify directly to both the Commission and the other Member States within 24 hours:

• the primary outbreak of any of the diseases listed in Annex I which is confirmed in its territory;

• the removal — after the eradication of the last outbreak — of restrictions from its territory in relation to the outbreak of any of the diseases listed in Annex I;

2. The notifications referred to in paragraph 1 shall include the information featured in Annex II and shall be communicated by telex.

3. In the case of classical swine fever, the information provided under Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever(11), as last amended by Directive 80/1274/EEC(12), shall be considered to be sufficient.

Article 4 U.K.

1. Without prejudice to the provisions referred to in Article 1 (2), each Member State shall notify directly to the Commission, at least on the first working day of each week, the secondary outbreaks of any of the diseases listed in Annex I which are confirmed in its territory.

The aforesaid notification shall cover the week ending at midnight on the Sunday prior thereto.

The Commission shall correlate the various information, which it shall transmit to the veterinary headquarters of each Member State.

2. The receipt of no information by the Commission shall be considered to mean that no secondary outbreaks have occurred during the period referred to in the second subparagraph of paragraph 1.

3. The notifications referred to in paragraph 1 shall contain the information featured in Annex II and shall be communicated by telex.

Article 5 U.K.

1. The codified form by which the information featured in Annex II is to be transmitted shall be established according to the procedure laid down in Article 6 and before the date of implementation of this Directive.

2. In accordance with the procedure laid down in Article 6, it may be decided:

• to supplement or amend the Annexes,

• that, notwithstanding Article 4, the scope, content and frequency of the notification may be temporarily modified in the light of the disease concerned and its particular epizootiological development.

[F1 Article 6 U.K.

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up by Article 58 of Regulation (EC) No 178/2002 (13) .

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (14) shall apply.

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

3. The committee shall adopt its rules of procedure.]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 807/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (unanimity).

Article 7 U.K.

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1984 and shall forthwith inform the Commission thereof.

Article 8 U.K.

This Directive is addressed to the Member States.

[F2 ANNEX I U.K. Diseases which are subject to notification

Textual Amendments

F2 Substituted by Commission Implementing Decision of 27 November 2012 amending Annexes I and II to Council Directive 82/894/EEC on the notification of animal diseases within the Community (notified under document C(2012) 8518) (Text with EEA relevance) (2012/737/EU).

A. Diseases of terrestrial animals U.K.

• List A.1:

  • African horse sickness

  • African swine fever

  • Anthrax

  • Avian influenza (HPAI in poultry, captive birds and wild birds and LPAI in poultry and captive birds)

  • Bluetongue

  • Bovine spongiform encephalopathy

  • Classical swine fever

  • Contagious bovine pleuropneumonia

  • Dourine

  • Equine encephalomyelitis of the following types:

    • Eastern equine encephalomyelitis

    • Japanese encephalitis

    • Venezuelan equine encephalomyelitis

    • West Nile fever

    • Western equine encephalomyelitis

  • Equine infectious anaemia

  • Foot-and-mouth disease

  • Glanders

  • Lumpy skin disease

  • Newcastle disease

  • Peste des petits ruminants

  • Infection with rabies virus

  • Rift Valley fever

  • Rinderpest

  • Sheep pox and goat pox

  • Small hive beetle infestation ( Aethina tumida )

  • Swine vesicular disease

  • Tropilaelaps infestation of honey bees

  • Vesicular stomatitis

• List A.2:

  • Bovine brucellosis

  • Bovine tuberculosis

  • Enzootic bovine leukosis

  • Caprine and ovine brucellosis (excluding Brucella ovis ).

B. Diseases of aquaculture animals U.K.

• Epizootic haematopoietic necrosis

• Infectious haematopoietic necrosis

• Infectious salmon anaemia

• Infection with Perkinsus marinus

• Infection with Mikrocytos mackini

• Infection with Marteilia refringens

• Infection with Bonamia ostreae

• Infection with Bonamia exitiosa

• Koi herpes virus disease

• Taura syndrome

• Viral haemorrhagic septicaemia

• White spot disease

• Yellowhead disease.]

[F3 ANNEX II U.K.

Textual Amendments

F3 Substituted by Commission Decision of 30 July 2008 amending Council Directive 82/894/EEC on the notification of animal diseases within the Community to include certain diseases in the list of notifiable diseases and to delete porcine enterovirus encephalomyelitis from that list (notified under document number C(2008) 3943) (Text with EEA relevance) (2008/650/EC).

A. Information to be given under the notification required by Articles 3 and 4 in relation to primary and secondary outbreaks of the diseases listed in paragraphs A and B of Annex I: U.K.

1.

Date of dispatch;

2.

Time of dispatch;

3.

Country of origin;

4.

Name of disease and type of virus, where appropriate;

5.

Serial number of outbreak;

6.

Type of outbreak;

7.

Reference number of outbreak linked to this outbreak;

8.

Region and geographical location of the holding;

9.

Other region affected by restrictions;

10.

Date of confirmation;

11.

Date of suspicion;

12.

Date of estimation of first infection;

13.

Origin of disease;

14.

Control measures taken;

15.

Number of susceptible animals on premises (a) cattle, (b) pigs, (c) sheep, (d) goats, (e) poultry, (f) equidae, (g) in the case of diseases of aquaculture animals the weight or the number × 1 000 of susceptible animals must be given (h) wild species, (i) in the case of diseases of bees the number of susceptible hives must be given;

16.

Number of animals clinically affected on premises (a) cattle, (b) pigs, (c) sheep, (d) goats, (e) poultry, (f) equidae, (g) in the case of diseases of aquaculture animals the weight or the number × 1 000 of clinically affected animals must be given, (h) wild species, (i) in the case of diseases of bees the number of clinically affected hives must be given;

17.

Number of animals that have died on premises (a) cattle, (b) pigs, (c) sheep, (d) goats, (e) poultry, (f) equidae, (g) in the case of diseases of aquaculture animals the weight or the number × 1 000 of animals that have died in the premises must be given, (h) wild species;

18.

Number of stock slaughtered (a) cattle, (b) pigs, (c) sheep, (d) goats,(e) poultry, (f) equidae, (g) in the case of diseases of aquaculture animals, where applicable (only for crustaceans and fish) the weight or the number × 1 000 of animals that have been slaughtered must be given, (h) wild species;

19.

Number of carcasses destroyed (a) cattle, (b) pigs, (c) sheep, (d) goats, (e) poultry, (f) equidae, (g) in the case of diseases of aquaculture animals, where applicable, the weight or number × 1 000 of animals that have been removed and disposed of must be given, (h) wild species, (i) in the case of diseases of bees the number of destroyed hives must be given;

20.

(Estimated) date of completion of killing (where applicable);

21.

(Estimated) date of completion of destruction (where applicable).

B. In the case of swine fever the additional information: U.K.

1.

Distance from nearest pig holding;

2.

Number and type (breeding, fattening and piglets (15) of pigs on the infected premises);

3.

Number and type of pigs (breeding, fattening and piglets (15) clinically affected on the infected premises);

4.

Method of diagnosis;

5.

If not on premises then whether confirmed in a slaughterhouse or in a means of transport;

6.

Confirmation of primary cases (16) in feral pigs.

[F2 C. In the case of diseases of terrestrial animals referred to in list A.2 of Annex I: U.K.

• The confirmation of any outbreak, infection or presence of the disease agent in a herd as laid down in Annexes A and D to Directive 64/432/EEC or in a holding as laid down in Annex A to Council Directive 91/68/EEC (17) , or the withdrawal of the officially free status to any such herd or holding due to the laboratory or epidemiological investigation as laid down in Annexes A and D to Directive 64/432/EEC or in Annex A to Directive 91/68/EEC in a Member State or region thereof officially free from the diseases in accordance with those Directives and not epidemiologically linked with a previous outbreak shall be notified as a primary outbreak as defined in Article 2(d) and shall be notified to the Commission and Member States within one week.

• Any other confirmation of an outbreak, infection or presence of the disease agent or withdrawal of the officially free status to any herd or holding due to the laboratory or epidemiological investigation as laid down in Annexes A and D to Directive 64/432/EEC or in Annex A to Directive 91/68/EEC in a Member State or region thereof officially free from the diseases in accordance with those Directives shall be notified as secondary outbreaks, in accordance with Article 4(1) of this Directive.

• Secondary outbreaks shall be notified to the Commission and the Member States on a monthly basis.

• In the case of bovine tuberculosis, bovine brucellosis and ovine and caprine brucellosis the name of the pathogen species shall also be included in the notification when known.]

[F4 D. In the case of diseases of aquaculture animals referred to in point B of Annex I: U.K.

• The confirmation of any outbreak of an exotic disease and of outbreaks of non-exotic diseases in previously disease-free Member States, zones or compartments as defined in Council Directive 2006/88/EC (18) shall be notified as primary outbreaks.

• Other outbreaks than those mentioned in the first indent shall be notified as secondary outbreaks in accordance with Article 4(1) of this Directive.

• Secondary outbreaks shall be notified to the Commission and the Member States on monthly basis. The name and description of the zone or compartment shall also be included in the notification.] ]

Textual Amendments

F4 Inserted by Commission Implementing Decision of 27 November 2012 amending Annexes I and II to Council Directive 82/894/EEC on the notification of animal diseases within the Community (notified under document C(2012) 8518) (Text with EEA relevance) (2012/737/EU).

(1)

Opinion delivered on 12/13 April 1982 (not yet published in the Official Journal).

(2)

OJ No C 112, 3.5.1982, p. 4.

(3)

OJ No 121, 29.7.1964, p. 1977/64.

(4)

OJ No L 375, 31.12.1980, p. 75.

(5)

OJ No L 55, 8.3.1971, p. 23.

(6)

OJ No L 47, 21.2.1980, p. 8.

(7)

OJ No L 302, 31.12.1972, p. 24.

(8)

OJ No L 325, 1.12.1980, p. 14.

(9)

OJ No L 47, 21.2.1980, p. 4.

(10)

OJ No L 325, 1.12.1980, p. 16.

(11)

OJ No L 47, 21.2.1980, p. 11.

(12)

OJ No L 375, 31.12.1980, p. 75.

(13)

[F1 OJ L 31, 1.2.2002, p. 1 .]

(14)

[F1 OJ L 184, 17.7.1999, p. 23 .]

(15)

[F3 Animals under approximately three months old.]

(16)

[F3 A primary case of swine fever in feral pigs means those cases occurring in free areas, i.e. outside of restricted areas for classical swine fever in feral pigs.]

(17)

[F3 [F2 OJ L 46, 19.2.1991, p. 19 .] ]

(18)

[F3 [F4 OJ L 328, 24.11.2006, p. 14 .] ]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 807/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (unanimity).

F2 Substituted by Commission Implementing Decision of 27 November 2012 amending Annexes I and II to Council Directive 82/894/EEC on the notification of animal diseases within the Community (notified under document C(2012) 8518) (Text with EEA relevance) (2012/737/EU).

F3 Substituted by Commission Decision of 30 July 2008 amending Council Directive 82/894/EEC on the notification of animal diseases within the Community to include certain diseases in the list of notifiable diseases and to delete porcine enterovirus encephalomyelitis from that list (notified under document number C(2008) 3943) (Text with EEA relevance) (2008/650/EC).

F4 Inserted by Commission Implementing Decision of 27 November 2012 amending Annexes I and II to Council Directive 82/894/EEC on the notification of animal diseases within the Community (notified under document C(2012) 8518) (Text with EEA relevance) (2012/737/EU).