Commission Regulation (EC) No 1266/2007Show full title

CHAPTER 1 U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation lays down rules for the control, monitoring, surveillance and restrictions on movements of animals with the meaning of Article 2(c) of Directive 2000/75/EC, in relation to bluetongue, in and from the restricted zones.

[F1 References in this Regulation to Directive 2000/75/EC are to be read as if within that Directive—

(a) each function of the competent authority were a function of the appropriate Minister for the relevant constituent parts of Great Britain;

(b) each function of a Member State were a function of the appropriate Minister;

(c) functions of or involving the Commission were omitted;

(d) references to the Community were to be references to Great Britain;

(e) the last sentence of Article 7(2) were omitted;

(f) Articles 15(3), 16, 17 and Articles 19 to 23, and Annex 2 were omitted.]

Textual Amendments

F1 Words in Art. 1 inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(2) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation, the definitions in Article 2 of Directive 2000/75/EC shall apply.

In addition, the following definitions shall apply:

(a) ‘case of bluetongue’ means an animal that meets one of the following requirements:

(i) it presents clinical signs consistent with the presence of bluetongue;

(ii) it is a sentinel animal that had showed negative serological results in a previous test and has seroconverted from negative to positive for antibodies to at least one bluetongue serotype since that test;

(iii) it is an animal from which the bluetongue virus has been isolated and identified as such;

(iv) it is an animal which has tested positive to bluetongue serological tests or from which viral antigen or viral ribonucleic acid (RNA) specific to one or more of the bluetongue serotypes has been identified.

In addition, a set of epidemiological data must indicate that the clinical signs or results of laboratory tests suggesting bluetongue infection are the consequence of virus circulation in the holding in which the animal is kept and not the result of the introduction of vaccinated or seropositive animals from restricted zones;

[F2 (b) ‘outbreak of bluetongue’ means the holding or place where animals are assembled and where one or more cases has or have been officially confirmed and Culicoides are believed to be actively transmitting the bluetongue virus;]

[F3 (c) ‘primary outbreak of bluetongue’ means an outbreak of bluetongue—

(i) that is not epidemiologically linked with a previous outbreak in Great Britain; or

(ii) that implies the demarcation of a restricted zone or a change in an existing restricted zone where an outbreak of bluetongue may not have been confirmed;]

(d) ‘restricted zone’ means a zone consisting of both protection and surveillance zones established pursuant to Article 8(1) of Directive 2000/75/EC;

(e) ‘bluetongue seasonally-free zone’ means an epidemiological relevant geographical area of [F4 Great Britain] for which, for a part of the year, surveillance demonstrates no evidence of bluetongue virus transmission or of adult Culicoides likely to be competent bluetongue vectors;

(f) ‘transit’ means the movement of animals:

(i) from or through a restricted zone;

(ii) from a restricted zone through a non-restricted zone back to the same restricted zone; or

(iii) from a restricted zone through a non-restricted zone to another restricted zone;

[F5 (g) “the competent authority” means the appropriate Minister for the relevant constituent part of Great Britain;

(h) “the appropriate Minister” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Scotland, the Scottish Ministers;

(iii) in relation to Wales, the Welsh Ministers;

(i) ‘exit point’ means any place situated in close proximity to the external frontier of a member State offering customs supervision facilities;

(j) ‘third country’ means any country other than the United Kingdom or a Member State.]

Textual Amendments

F2 Art. 2(b) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 2(c) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(e) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(3)(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Arts. 2(g)-(j) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(3)(d) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(b)(iii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2 U.K. MONITORING AND SURVEILLANCE AND EXCHANGE OF INFORMATION

Article 3 U.K. Notification of bluetongue

 [F6 The appropriate Minister must inform each other authority who in relation to any constituent part of Great Britain is the appropriate Minister of primary outbreaks of bluetongue.]

Textual Amendments

F6 Art. 3 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(4) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Article 4 U.K. Bluetongue monitoring and surveillance programmes

[F8 The appropriate Minister] shall implement bluetongue monitoring and surveillance programmes in accordance with the minimum requirements set out in Annex I.]

Textual Amendments

F7 Substituted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

F8 Words in Art. 4 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(5); 2020 c. 1, Sch. 5 para. 1(1)

F9 Article 5 U.K. [F9 Epidemiological information]

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Textual Amendments

F9 Deleted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

CHAPTER 3 U.K. RESTRICTIONS ON MOVEMENTS OF ANIMALS AND OF THEIR SEMEN, OVA AND EMBRYOS

Article 6 U.K. Restricted zones

[F10 1. Each authority who in relation to any constituent part of the United Kingdom is the appropriate Minister must—

(a) draw up and keep updated a list of the restricted zones in that constituent part of Great Britain;

(b) make that information available to the public, together with details of the bluetongue virus serotypes circulating in each zone;

(c) share that information with each other authority who in relation to any constituent part of Great Britain is the appropriate Minister and notify them of any change in the situation of those zones within 24 hours.]

[F11 2. Before taking any decision to remove an epidemiologically relevant geographical area from a restricted zone, the appropriate Minister must demonstrate the absence of bluetongue virus circulation in that area during a period of two years, including at least two vector activity seasons, following the implementation of the bluetongue monitoring and surveillance programme in accordance with paragraph 3 of Annex 1.]

F12 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 6(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(6)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 6(2) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 6(3) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 6(4) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 6(5) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Conditions for movements within the same restricted zone

1. Movements of animals within the same restricted zone where the same bluetongue virus serotype or serotypes are circulating shall be allowed by the competent authority provided that the animals to be moved do not show any clinical signs of bluetongue on the day of transport.

2. However, movements of animals from a protection zone to a surveillance zone may only be allowed if:

(a) the animals comply with the conditions set out in Annex III; or

(b) 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 the bluetongue virus and protection against attacks by vectors, required by the competent authority of the place of origin and approved by the competent authority of the place of destination, prior to the movement of such animals;

(c) the animals are destined for immediate slaughter.

[F7 2a. [F15 The appropriate Minister] may demarcate an epidemiological relevant geographical area in a restricted zone as a ‘provisionally free area’ provided that for a period of one year, including one full vector season, monitoring and surveillance in accordance with point 3 of Annex I has demonstrated the absence of bluetongue virus circulation in that part of the restricted zone for that specific bluetongue serotype or combination of serotypes.

F16 ...

Movements of animals within the same restricted zone from an area where the same bluetongue virus serotype or serotypes are circulating to a part of the same restricted zone demarcated as a ‘provisionally free area’ may only be permitted if:

(a) the animals comply with the conditions set out in Annex III; or

(b) 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 the bluetongue virus and protection against attacks by vectors, required by the competent authority of the place of origin and approved by the competent authority of the place of destination, prior to the movement of such animals; or

(c) the animals are destined for immediate slaughter.]

F17 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Substituted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

F15 Words in Art. 7(2a) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 7(2a) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 7(3) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 7(4) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Conditions for exemption from the exit ban provided for in Directive 2000/75/EC

1. Movements of animals, their semen, ova and embryos, from a holding or semen collection or storage centre located in a restricted zone to another holding or semen collection or storage centre shall be exempted from the exit ban established pursuant to Article 9(1)(c) and point 1 of Article 10 of Directive 2000/75/EC provided that the animals, their semen, ova and embryos comply with:

(a) the conditions set out in Annex III to this Regulation; or

(b) comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of the bluetongue virus and protection against attacks by vectors, required by the competent authority of the place of origin and approved by the competent authority of the place of destination, prior to the movement of such animals.

2. [F19 Each authority who in relation to any constituent part of Great Britain is the appropriate Minister must inform each other such authority] of the animal health guarantees referred to in paragraph 1(b).

3. A channelling procedure shall be set up, under the control of the competent authority of the place of destination, to ensure that the animals, their semen, ova and embryos moved in accordance with the conditions provided for in paragraph 1(b), are not subsequently moved to another [F20 part of Great Britain mentioned in Article 2(h)] unless the animals comply with the conditions provided for in paragraph 1(a).

4. Movements of animals from a holding located in a restricted zone for immediate slaughter shall be exempted from the exit ban established pursuant to Article 9(1)(c) and point 1 of Article 10 of Directive 2000/75/EC provided that:

(a) no case of bluetongue has been recorded in the holding of origin for a period of at least 30 days prior to the date of dispatch;

[F21 (b) the animals are transported

• [F21 (b) under veterinary supervision to the slaughterhouse of destination, where they are to be slaughtered within 24 hours of arrival, and

• directly, unless a rest period foreseen by Regulation (EC) No 1/2005(1) takes place in a control post situated in the same restricted zone;]

(c) the competent authority at the place of dispatch notifies the intended movement of the animals to the competent authority of the place of destination at least 48 hours prior to the loading of the animals.

5. Notwithstanding paragraph 4(b), the competent authority of the place of destination may require, on the basis of a risk assessment, the competent authority of the place of origin to set up a channelling procedure for the transport of the animals referred to therein towards designated slaughterhouses.

Any such designated slaughterhouses shall be identified on the basis of a risk assessment that shall take into account the criteria set out in Annex IV.

[F7 Information on the designated slaughterhouses shall be made available to the F22 ... public.]

[F23 5a. Movements of animals not certified in accordance with paragraph 1 from a holding located in a restricted zone directly, to the exit point F24 ..., for export F25 ... shall be exempted from the exit ban established pursuant to Article 9(1)(c) and point 1 of Article 10 of Directive 2000/75/EC provided that:

(a) no case of bluetongue has been recorded in the holding of origin for a period of at least 30 days prior to the date of dispatch;

(b) the animals are transported to the exit point

• (b) under official supervision, and

• directly, unless a rest period foreseen by Regulation (EC) No 1/2005 takes place in a control post situated in the same restricted zone.]

[F21 6. For the animals, their semen, ova and embryos referred to in paragraphs 1, 4 and 5a of this Article, the following additional wording shall be added to the corresponding health certificates F26 ...:

‘… (Animals semen, ova and embryos indicate as appropriate) in compliance with … (Articles 8(1)(a) or 8(1)(b) or 8(4) or 8(5a), indicate as appropriate) of Regulation (EC) No 1266/2007’.]

Textual Amendments

F7 Substituted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

F19 Words in Art. 8(2) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(8)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 8(3) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(8)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(11)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Substituted by Commission Regulation (EC) No 708/2008 of 24 July 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance).

F22 Words in Art. 8(5) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F23 Inserted by Commission Regulation (EC) No 708/2008 of 24 July 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance).

F24 Words in Art. 8(5a) omitted (31.12.2020) by virtue of S.I. 2018/1410, regs. 1, 14(8)(d)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 8(5a) omitted (31.12.2020) by virtue of S.I. 2018/1410, regs. 1, 14(8)(d)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 8(6) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(8)(e); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Article 9 U.K. Further conditions for the transit of animals

1. The transit of animals shall be allowed by the competent authority provided that:

(a) after adequate cleansing and disinfection at the place of loading, the means in which the animals are transported are treated with authorised insecticides and/or repellents. This treatment must in any case take place prior to leaving or entering the restricted zone;

(b) when a rest period of more than one day is foreseen at a control post during the movement through a restricted zone, the animals are protected against attacks by vectors in a vector protected establishment in accordance with the criteria set out in Annex II.

2. Paragraph 1 shall not apply if the transit takes place:

(a) exclusively from or through epidemiologically relevant geographical areas of the restricted zone during the bluetongue seasonally vector-free period defined in accordance with Annex V; or

(b) from or through parts of the restricted zone demarcated as a ‘provisionally free area’ in accordance with Article 7(2a).

3. For the animals referred to in paragraph 1 of this Article, the following additional wording shall be added to the corresponding health certificates F27 ...: ‘Insecticide/repellent treatment with … (insert name of the product) on … (insert date) in conformity with Article 9 of Regulation (EC) No 1266/2007.]’

Textual Amendments

F7 Substituted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

F27 Words in Art. 9(3) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(9); 2020 c. 1, Sch. 5 para. 1(1)

F9 Article 9a U.K. [F9 Transitional provisions]

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Textual Amendments

F9 Deleted by Commission Implementing Regulation (EU) No 456/2012 of 30 May 2012 amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (Text with EEA relevance).

CHAPTER 4 U.K. FINAL PROVISIONS

Article 10 U.K. Repeal

Decision 2005/393/EC is repealed.

Article 11 U.K. Entry into force

This Regulation shall enter into force on the fifth day following that of its publication in the Official Journal of the European Union.

F28 ...

Textual Amendments

F28 Words in Signature omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 14(10); 2020 c. 1, Sch. 5 para. 1(1)