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.

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;

(b)

‘outbreak of bluetongue’ means an outbreak of that disease as defined in Article 2(c) of Directive 82/894/EEC;

(c)

‘primary outbreak of bluetongue’ means an outbreak as defined in Article 2(d) of Directive 82/894/EEC, taking into account that, for the purposes of the application of the first indent of Article 3(1) of that Directive, a case of bluetongue is a primary outbreak in the following cases:

(i)

if it is not epidemiologically linked with a previous outbreak; or

(ii)

it implies the demarcation of a restricted zone or a change in an existing restricted zone as referred to in Article 6;

(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 a Member State 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.

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

Article 3 U.K. Notification of bluetongue

Member States shall notify primary outbreaks and outbreaks of bluetongue through the Animal Disease Notification System, using the codified forms and the codes set out in Decision 2005/176/EC.

[F1 Article 4 U.K. Bluetongue monitoring and surveillance programmes

Member States shall implement bluetongue monitoring and surveillance programmes in accordance with the minimum requirements set out in Annex I.]

Textual Amendments

F1 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).

F2 Article 5 U.K. [F2 Epidemiological information]

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Textual Amendments

F2 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

1. Member States shall notify to the Commission their restricted zones, and any change in the situation of those zones within 24 hours.

[F1 2. Before taking any decision to remove an epidemiologically relevant geographical area from a restricted zone, Member States shall provide the Commission with substantiated information demonstrating the absence of bluetongue virus circulation in that area during a period of two years, including two full vector activity seasons, following the implementation of the bluetongue monitoring and surveillance programme in accordance with point 3 of Annex I.]

3. The Commission shall inform the Member States in the framework of the Standing Committee on the Food Chain and Animal Health of the list of restricted zones.

4. Member States shall draw up and keep updated a list of the restricted zones in their territory and make it available to the other Member States and to the public.

5. The Commission shall publish, for information purposes only, on its website the updated list of restricted zones.

That list shall include information on the bluetongue virus serotypes circulating in each restricted zone, which permits, for the purposes of Articles 7 and 8, the identification of the restricted zones demarcated in different Member States where the same bluetongue virus serotypes are circulating.

Textual Amendments

F1 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).

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.

[F1 2a. Member States 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.

A Member State which intends to demarcate a restricted zone or part of a restricted zone as a ‘ provisionally free area ’ shall notify its intention to the Commission. That notification shall be accompanied by the information referred to in point 3 of Annex I.

The Commission shall inform the Member States in the framework of the Standing Committee on the Food Chain and Animal Health of the list of ‘ provisionally free areas ’ .

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.]

[F3 3. The Member State of origin shall immediately inform the Commission and the other Member States of the animal health guarantees referred to in paragraph 2(b) or 2a(b).

4. For the animals referred to in paragraphs 1, 2 and 2a of this Article, the following additional wording shall be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in Decision 93/444/EEC:

‘Animals in compliance with … (Article 7(1), or 7(2)(a), or 7(2)(b), or 7(2)(c), or 7(2a)(a) or 7(2a)(b), or 7(2a)(c), indicate as appropriate) of Regulation (EC) No 1266/2007’ .]

Textual Amendments

F1 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).

F3 Substituted by Commission Regulation (EC) No 123/2009 of 10 February 2009 amending Regulation (EC) No 1266/2007 as regards conditions for movements of animals within the same restricted zone and the conditions for exempting animals from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance).

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. The Member State of origin shall immediately inform the Commission and the other Member States 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 Member State 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;

[F4 (b) the animals are transported

• [F4 (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.

[F1 Information on the designated slaughterhouses shall be made available to the other Member States and to the public.]

[F5 5a. Movements of animals not certified in accordance with paragraph 1 from a holding located in a restricted zone directly, to the exit point, as defined in Article 1(2)(a) of Decision 93/444/EEC, for export to a third country 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.]

[F4 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 laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in Decision 93/444/EEC:

‘ … (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

F1 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).

F4 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).

F5 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).

[F1 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 laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in Decision 93/444/EEC: ‘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

F1 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).

F2 Article 9a U.K. [F2 Transitional provisions]

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Textual Amendments

F2 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.