Commission Implementing Decision (EU) 2016/2008Show full title

Article 1 U.K. Subject matter and scope

This Decision lays down animal health control measures in relation to lumpy skin disease in the Member States or parts thereof as listed in Annex I (the Member States concerned) including the minimum requirements for vaccination programmes against lumpy skin disease submitted by the Member States to the Commission for approval.

Article 2 U.K. Definitions

For the purposes of this Decision, the following definitions shall apply:

(1)

‘bovine animal’ means ungulates of the species Bos taurus, Bos indicus, Bison bison and Bubalus bubalis;

(2)

‘captive wild ruminants’ means wild ruminants of species known to be involved in the transmission and spread of lumpy skin disease according to the latest available scientific knowledge;

(3)

‘infected zone’ is the part of the territory of a Member State listed in Part II of Annex I to this Decision which includes the area where lumpy skin disease was confirmed and any protection and surveillance zones established in accordance with Article 10 of Directive 92/119/EEC, and where vaccination against lumpy skin disease may be implemented following the approval of vaccination programmes by the Commission;

(4)

‘free zone with vaccination’ is the part of the territory of a Member State listed in Part I of Annex I to this Decision which includes the areas outside the infected zone for lumpy skin disease, where vaccination against lumpy skin disease is implemented following the approval of vaccination programmes by the Commission.

Article 3 U.K. Restrictions on the dispatch on bovine animals and captive wild ruminants and certain animal products from the areas listed in Annex I

The Member States concerned shall prohibit the dispatch of consignments of:

(a)

live bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I;

(b)

semen, ova and embryos of bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I;

(c)

colostrum, milk and dairy products of bovine animals and captive wild ruminants destined for animal feed from the areas listed in Part II of Annex I;

(d)

unprocessed animal by-products from bovine animals and captive wild ruminants, other than those referred to in point (e), from the areas listed in Parts I and II of Annex I;

(e)

untreated raw hides and skins destined for human consumption or untreated hides and skins not intended for human consumption of bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I.

Article 4 U.K. Derogation from the prohibition on the dispatch of live bovine animals and captive wild ruminants from the areas listed in Part I of Annex I

1. By way of derogation from the prohibition provided for in point (a) of Article 3, the competent authority may authorise the dispatch of live bovine animals and captive wild ruminants from holdings situated in the areas listed in Part I of Annex I provided that those animals comply with at least one of the following sets of conditions:

(a) the animals are dispatched to areas listed in Part I or II of Annex I of the same or another Member State or to a third country and comply with the following conditions:

(i)

[F1 the animals were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch, and come from a holding of origin in which they have been resident for a period of at least 28 days. In this holding of origin all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;]

(ii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iii)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(iv)

the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date of its vaccination programme; and

(v)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals are transported in a safe manner and that they are not subsequently dispatched to another Member State or third country; or

(b) the animals are dispatched to any area of the same or another Member State or a third country and comply with the following conditions:

(i)

[F1 the animals were vaccinated against lumpy skin disease at least three months prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch. In the holding of origin of these animals all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;]

(ii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iii)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(iv)

the animals have been resident since birth, or for a period of at least 28 days prior to the date of dispatch, on a holding where, in a radius of at least 20 km, no presence of lumpy skin disease has been confirmed during the three months prior to the date of dispatch and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings, located in an area listed in Part I of Annex I in a Member State where all animals in all its areas listed in Part I of Annex I have been vaccinated or revaccinated against lumpy skin disease, in accordance with Annex II, at least three months prior to the date of dispatch and remain within the immunity period of time stated in the specifications of the vaccine by the manufacturer;

(v)

the competent authority at the place of origin has implemented a vaccination programme against lumpy skin disease, which complied with the conditions laid down in Annex II and which was approved by the Commission and it has informed the Commission and the other Member States of commencement date and the completion date of its vaccination programme; and

(vi)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals are transported in a safe manner and that they are not subsequently dispatched to another Member State or third country; or

(c) the animals are dispatched to any area of a Member State or a third country and comply with the following conditions:

(i)

the animals comply with any other appropriate animal health guarantees, based on a positive outcome of a risk assessment of measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of places of transit and of destination, prior to the date of dispatch of such animals;

(ii)

[F1 the animals were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch. In the holding of origin of these animals all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;]

(iii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iv)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(v)

the animals have been resident since birth, or for a period of at least 28 days prior to date of dispatch, on a holding where, in a radius of at least 20 km no presence of lumpy skin disease has been confirmed during the three months prior to the date of dispatch and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings;

(vi)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals, dispatched in accordance with the animal health guarantees provided for in point (i) are transported in a safe manner and are not subsequently dispatched to another Member State or third country;

(vii)

the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease, which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date of its vaccination programme; and

(viii)

the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (i).

2. Where bovine animals and captive wild ruminants comply with the requirements for the derogation provided for in paragraph 1 of this Article, the following additional wording shall be added to the corresponding health certificate for those animals as laid down in Directive 64/432/EEC, or in Decision 93/444/EEC:

‘…(Animals) in compliance with …(Article 4(1)(a) or (b) or (c), indicate as appropriate) of Commission Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States’.

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471) (Text with EEA relevance).

Article 5 U.K. Derogation from the prohibition on the dispatch of live bovine animals and captive wild ruminants from the areas listed in Part II of Annex I

1. By way of derogation from the prohibition provided for in point (a) of Article 3, the competent authority may authorise the dispatch of live bovine animals and captive wild ruminants from holdings situated in the areas listed in Part II of Annex I to any area of a Member State or a third country provided that those animals comply with the following conditions:

(a) the animals comply with appropriate animal health guarantees, based on a positive outcome of a risk assessment of measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of the places of transit and of destination, prior to the date of dispatch of such animals;

[F1 (b) the animals were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch. In the holding of origin of these animals all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;]

(c) all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(d) the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(e) the animals have been resident since birth, or for a period of at least 28 days prior to the date of dispatch, on a holding where, in a radius of at least 20 km no presence of lumpy skin disease has been confirmed during the three months prior to the date of dispatch and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings, located in an area listed in Part II of Annex I in a Member State where all animals in all its areas listed in Part II of Annex I have been vaccinated or revaccinated against lumpy skin disease, in accordance with Annex II, at least three months prior to the date of dispatch and remain within the immunity period stated in the specifications of the vaccine by the manufacturer;

(f) the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease, which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date and the completion date of its vaccination programme in accordance with Annex II;

(g) a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals, dispatched in accordance with the animal health guarantees provided for in point (a) are transported in a safe manner and are not subsequently dispatched to another Member State or third country; and

(h) the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (a).

2. Where bovine animals and captive wild ruminants comply with the requirements for the derogation provided for in paragraph 1 of this Article, the following additional wording shall be added to the corresponding health certificate for those animals as laid down in Directive 64/432/EEC, or in Decision 93/444/EEC:

‘…(Animals) in compliance with Article 5(1) of Commission Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States’.

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471) (Text with EEA relevance).

[F1 Article 6 U.K. Special conditions for the dispatch of live bovine animals and captive wild ruminants within the areas listed in Part II of Annex I of the same Member State

1. By way of derogation from the prohibition provided for in point (a) of Article 3, and subject to compliance with paragraph 2 of this Article, the competent authority may authorise the dispatch of consignments of live bovine animals and captive wild ruminants from holdings situated in an area listed in Part II of Annex I to a destination situated within another area listed in Part II of Annex I of the same Member State.

2. The derogation provided for in paragraph 1 shall only apply to consignments of live bovine animals and captive wild ruminants, provided that the animals comply with at least one of the following conditions:

(a) the animals were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch. In the holding of origin of these animals all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;

(b) the animals, irrespective of their individual vaccination status or vaccination in their holding of origin against lumpy skin disease may be moved for emergency slaughter to a slaughterhouse, provided that the holding of origin is not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease, that prohibit such a movement;

(c) the animals are unvaccinated offspring less than six months old, born to dams vaccinated at least 28 days prior to parturition that remained within the immunity period according to the vaccine manufacturer on the date of parturition, and may be moved to another holding or to a slaughterhouse for immediate slaughter. In the holding of origin of these animals all animals of susceptible species have been vaccinated at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch and the holding is not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease, that prohibit such a movement.]

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471) (Text with EEA relevance).

[F2 Article 6a U.K. Special conditions for the dispatch of live bovine animals and captive wild ruminants from areas listed in Part I of Annex I to areas listed in Part I or Part II of Annex I of the same Member State

1. By way of derogation from the prohibition provided for in point (a) of Article 3, and subject to compliance with paragraph 2 of this Article, the competent authority may authorise the dispatch of consignments of live bovine animals and captive wild ruminants from holdings situated in an area listed in Part I of Annex I to a destination situated within another area listed in Part I or Part II of Annex I of the same Member State.

2. The derogation provided for in paragraph 1 shall only apply to consignments of live bovine animals and captive wild ruminants, provided that the animals comply with at least one of the following conditions:

(a) the animals were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch. In the holding of origin of these animals all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch;

(b) the animals, irrespective of their individual vaccination status or vaccination in their holding of origin against lumpy skin disease may be moved for emergency slaughter to a slaughterhouse, provided that the holding of origin is not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease, that prohibit such a movement;

(c) the animals are unvaccinated offspring less than six months old, born to dams vaccinated at least 28 days prior to parturition that remained within the immunity period according to the vaccine manufacturer on the date of parturition, and may be moved to another holding or to a slaughterhouse for immediate slaughter. In the holding of origin of these animals all animals of susceptible species have been vaccinated at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch and the holding is not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease, that prohibit such a movement;

(d) the animals have been introduced in the holding less than three months ago from another Member State or third country or zone thereof which was not subject to any restrictions due to confirmation of lumpy skin disease or vaccination against lumpy skin disease and may be moved to a slaughterhouse for immediate slaughter. In the holding of origin of these animals all other animals of susceptible species have been vaccinated at least 28 days prior to the date of dispatch and remain within the immunity period according to the vaccine manufacturer on the date of dispatch or remain within the immunity period induced by previous vaccination or maternal immunity on the date of dispatch and the holding is not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease, that prohibit such a movement [F3 ;]

[F4 (e) the animals, irrespective of their individual vaccination status or vaccination in their holding of origin against lumpy skin disease, are moved from holdings situated in an area listed in Part I of Annex I to any destination situated within another area listed in Part I of Annex I of the same Member State provided that:

(i)

the competent authorities of the Member State concerned have implemented an annual vaccination programme against lumpy skin disease in all the areas of that Member State listed in Part I of Annex I, which was completed at least 28 days prior to the date of dispatch, and which complied with the conditions laid down in Annex II and was approved by the Commission, and have informed the Commission and the other Member States of the commencement date and the completion date of this vaccination programme; and

(ii)

in case the movement of the animals is carried out through an area listed in Part II of Annex I, a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the places of origin, transit and destination.] ]

Textual Amendments

F2 Inserted by Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471) (Text with EEA relevance).

F3 Substituted by Commission Implementing Decision (EU) 2018/744 of 16 May 2018 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2018) 2815) (Text with EEA relevance).

F4 Inserted by Commission Implementing Decision (EU) 2018/744 of 16 May 2018 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2018) 2815) (Text with EEA relevance).

[F5 Article 7 U.K. Derogations from the prohibition on the dispatch of semen, ova and embryos of bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I and special conditions for the dispatch of those products within the areas listed in Part I or II of the same Member State

1. By way of derogation from the prohibition provided for in point (b) of Article 3, the competent authority may authorise the dispatch of semen, ova and embryos of bovine animals and captive wild ruminants from semen collection centres or other establishments situated in an area listed in Part I of Annex I to another area listed in Part I or II of Annex I of another Member State provided that the donor animals and the semen, ova and embryos comply with the following conditions:

(a) the donor animals were vaccinated and revaccinated against lumpy skin disease according to the manufacturer's instructions of the vaccine used, the first vaccination being administrated at least 60 days prior to the date of collection of the semen, ova or embryo; or the donor animals were subjected to a serological test to detect specific antibodies against lumpy skin disease virus on the day of the collection and at least 28 days after the semen collection period or the day of collection for embryos and ova, with negative results;

(b) the donor animals were kept, during the 60 days prior to the date of collection of the semen, ova or embryos, in an artificial insemination centre or other appropriate establishment where, in a radius of at least 20 km, no presence of lumpy skin disease has been confirmed during the three months prior to the date of collection of the semen, ova or embryos and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings;

(c) the donor animals were clinically checked 28 days prior to the date of collection, as well as throughout the entire collection period, and did not show any clinical symptoms of lumpy skin disease;

(d) the donor animals were subjected to lumpy skin disease agent detection by polymerase chain reaction (PCR) conducted on blood samples collected at the commencement and at least every 14 days thereafter during the semen collection period or on the day of collection for embryos and ova, with negative results;

(e) the semen was subjected to lumpy skin disease agent detection by PCR with negative results; and

(f) the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease, which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date and the completion date of its vaccination programme in accordance with Annex II.

2. By way of derogation from the prohibition provided for in point (b) of Article 3, the competent authority may authorise the dispatch of semen, ova and embryos of bovine animals and captive wild ruminants from semen collection centres or other establishments situated in an area listed in:

(a) Part I of Annex I to a destination situated within another area listed in Part I or II of Annex I of the same Member State;

(b) Part II of Annex I to a destination situated within another area listed in Part II of Annex I of the same Member State.

The derogation provided for in the first subparagraph of this paragraph is subject to compliance with the conditions laid down in paragraph 1(a), (b) and (c);

3. By way of derogation from the prohibition provided for in point (b) of Article 3, the competent authority may authorise the dispatch of semen, ova and embryos of bovine animals and captive wild ruminants from semen collection centres or other establishments situated in the areas listed in Part I of Annex I to any area of the same or another Member State or to a third country provided that the donor animals and the semen, ova and embryos comply with the following conditions:

(a) the conditions laid down in paragraph 1(a) to (f);

(b) the donor animals comply with any other appropriate animal health guarantees, based on a positive outcome of a risk assessment of the impact of such dispatch and of the measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of the places of transit and of destination, prior to the dispatch of such semen, ova or embryos; and

(c) the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (b).

4. Where semen, embryos and ova which comply with the requirements of paragraph (1) or (3) of this Article are dispatched to another Member State or to a third country, the following additional wording shall be added to the corresponding health certificates laid down in Directives 88/407/EEC, 89/556/EEC or in Decision 93/444/EEC:

‘…( Semen, ova and/or embryos, indicate as appropriate ) in compliance with …( Article 7(1) or 7(3), indicate as appropriate ) of Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States’ .]

Textual Amendments

F5 Substituted by Commission Implementing Decision (EU) 2017/1178 of 2 June 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 3624) (Text with EEA relevance).

Article 8 U.K. Derogation from the prohibition on the dispatch of unprocessed animal by-products from bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I

By way of derogation from the prohibition provided for in point (d) of Article 3, the competent authority may authorise the dispatch of unprocessed animal by-products from bovine animals and captive wild ruminants from:

(a)

an area listed in Part I of Annex I to a destination located within the same Member State or in an area listed in Part I or Part II of Annex I of another Member State;

(b)

an area listed in Part II of Annex I to a destination located within the same Member State or in an area listed in Part II of Annex I of another Member State provided that:

(i)

the unprocessed animal by-products are dispatched under the official supervision of the competent authorities for processing or disposal in an plant approved in accordance Regulation (EC) No 1069/2009; and

(ii)

when the destination is located in another Member State a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the unprocessed animal by-products are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State or third country.

Article 9 U.K. Derogations from the prohibition on the dispatch of hides and skins of bovine animals and captive wild ruminants from the areas listed in Parts I and II of Annex I

1. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I of Annex I to another area listed in Part I or II of Annex I of the same or another Member State provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins dispatched under the official supervision of the competent authorities for processing or disposal in an approved plant;

(b) when the destination is located in another Member State a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State or third country before being processed at least in accordance with Article 9(2)(b); and

(c) the hides and skins originate from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease.

2. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I or II of Annex I to any area of the same or another Member State or third country provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins originating from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease;

(b) the hides and skins have been:

(i)

treated in accordance with point 28(b) to (e) of Annex I to Commission Regulation (EU) No 142/2011(1); or

(ii)

subjected to one of the treatments set out in point (4)(b)(ii) of Chapter I of Section XIV of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council(2); and

(c) the hides and skins have undergone all precautions to avoid recontamination with pathogenic agents after treatment.

3. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part II of Annex I to another area listed in Part II of Annex I of the same or another Member State provided that:

(a) these are untreated raw hides and skins destined for human consumption or untreated hides and skins dispatched under the official supervision of the competent authorities for processing or disposal in an approved plant;

(b) when the destination is located in another Member State a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State, before being processed at least in accordance with Article 9(2)(b); and

(c) the hides and skins originate from holdings which are not subject to any of the restrictions provided for in Directive 92/119/EEC in relation to lumpy skin disease.

4. By way of derogation from the prohibition provided for in point (e) of Article 3, the competent authority may authorise the dispatch of hides and skins of bovine animals and captive wild ruminants from an area listed in Part I or II of Annex I to any area of the same or another Member State or third country provided that:

(a) the hides and skins comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of the places of transit and destination, prior to the dispatch of such hides and skins;

(b) the hides and skins originate from holdings which are not subject to any restrictions provided for by Directive 92/119/EEC in relation to lumpy skin disease;

(c) a channelling procedure in accordance with Article 12 is set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the hides and skins, dispatched in accordance with the additional animal health guarantee requirements provided for in point (a) of this paragraph, are transported in a safe manner to the place of destination and are not subsequently dispatched to another Member State before being processed at least in accordance with Article 9(2)(b); and

(d) the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (a).

Article 10 U.K. Derogation from the prohibition on the dispatch of colostrum, milk and dairy products destined for animal feed from the areas listed in Part II of Annex I

1. By way of derogation from the prohibition provided for in point (c) of Article 3, the competent authority may authorise the dispatch of colostrum, milk and dairy products destined for animal feed obtained from bovine animals and captive wild ruminants kept on holdings situated in the areas listed in Part II of Annex I provided that the colostrum, milk and dairy products have been subjected to a treatment to ensure the destruction of the foot-and-mouth virus as described in points 1.1 to 1.5 of Part A of Annex IX to Council Directive 2003/85/EC(3) and the consignment complies with paragraph 2 of this Article.

2. The competent authority shall only authorise the dispatch to other Member States of consignments of colostrum, milk and dairy products in accordance with the derogation provided for in paragraph 1 of this Article where the consignments are accompanied by an official health certificate, as set out in the Annex to Commission Regulation (EC) No 599/2004(4), and Part II of that health certificate shall be completed with the following attestation:

‘Colostrum, milk or dairy products complying with Article 10 of Commission Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States’.

Article 11 U.K. Requirements concerning transport vehicles, cleansing and disinfection

1. The competent authority shall ensure that before any transport vehicle which has been in contact with animals of susceptible species in an area listed in Part II of Annex I leaves that area, the operator or driver of that vehicle provides evidence showing that, since the last contact with those animals, the vehicle has been cleansed and disinfected in a manner to inactivate the lumpy skin disease virus and treated with authorised insecticides that are effective against vectors of lumpy skin disease.

2. The competent authority shall specify the information to be submitted by the operator or driver of the transport vehicle, as provided for in paragraph 1, in order to demonstrate that the required cleansing, disinfection and disinsectisation have taken place.

Article 12 U.K. Channelling procedure

[F1 The competent authority shall ensure that the channelling procedure for the transport of live bovine animals and captive wild ruminants, unprocessed animal by-products and untreated hides and skins as covered by the derogations provided for in Articles 4, 5, 8 and 9 comply with the following requirements:]

(a)

each vehicle that is used for the transport of those live animals, unprocessed animal by-products or untreated hides and skins has been:

(i)

individually registered by the competent authority of the Member State of the place of dispatch either for the purpose of the transport of live animals, or for unprocessed animal by-products or for untreated hides and skins using the channelling procedure;

(ii)

sealed by the official veterinarian after loading for dispatch; only an official from the competent authority of the place of destination may break the seal and replace it with a new one; each loading or replacement of seals must be notified to the competent authority at the place of destination;

(b)

the transport takes place:

(i)

under official supervision;

(ii)

directly, without stopping unless a rest period required by Council Regulation (EC) No 1/2005(5) takes place in a control post. When a rest period of one day or more is foreseen at a control post during the movement through an area listed in Part II of Annex I, the animals are protected against attacks by vectors;

(iii)

taking the route that has been authorised by the competent authority at the place of origin;

(c)

the consignment includes only live animals or unprocessed animal by-products or untreated hides and skins of the same health status;

(d)

the official veterinarian responsible for the holding of the place of destination must confirm each arrival to the competent authority of the place of origin;

(e)

after the unloading of the live animals, or the unprocessed animal by-products or untreated hides and skins the vehicle and any other equipment which have been used in the transport, are cleaned, disinfected and treated with authorised insecticides that are effective against known vectors of lumpy skin disease in their entirety within a closed area of the place of destination under the supervision of the official veterinarian;

(f)

before the first dispatch from areas listed in Part I or II of Annex I for which a channelling procedure takes place, the competent authority of the place of origin shall ensure that the necessary arrangements are in place with the relevant competent authorities in order to ensure the emergency plan, the chain of command and full cooperation of services in case of accidents during the transport, a major breakdown of the vehicle or any fraudulent action of the operator or driver and the driver or the operator of the truck or other vehicle shall immediately notify the competent authority of any accident or major breakdown of the vehicle; and

(g)

in the case of untreated hides and skins or unprocessed animal by-products, the vehicles must be completely leak proof from all sides including their door closure.

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471) (Text with EEA relevance).

Article 13 U.K. Vaccination programmes against lumpy skin disease

Vaccination programmes against lumpy skin disease submitted by the Member States to the Commission for approval shall comply with the minimum requirements set out in Annex II.

Article 14 U.K. Repeal

Implementing Decisions (EU) 2015/1500, (EU) 2015/2055, (EU) 2016/645 and (EU) 2016/1183 are repealed and their measures replaced by the measures provided for in this Decision.

Article 15 U.K. Applicability

This Decision shall apply until [F6 20 April 2021].

Textual Amendments

F6 Substituted by Commission Implementing Decision (EU) 2019/1992 of 27 November 2019 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States by prolonging its period of application (notified under document C(2019) 8571) (Text with EEA relevance).

Article 16 U.K. Addressees

This Decision is addressed to the Member States.