Commission Regulation (EC) No 123/2009Show full title

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)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Articles 9(1)(c), 11 and 12 and the third paragraph of Article 19 thereof,

Whereas:

(1) Directive 2000/75/EC lays down control rules and measures to combat and eradicate bluetongue, including rules on the establishment of protection and surveillance zones, the implementation of vaccination programmes, and an exit ban on animals leaving those zones.

(2) Commission Regulation (EC) No 1266/2007(2) lays down rules for the control, monitoring, surveillance and restrictions on movements of animals, in relation to bluetongue, in and from a protection and surveillance zone (restricted zone).

(3) Annex III to that Regulation establishes the conditions for exemptions from the exit ban applicable to movements of susceptible animals, their semen, ova and embryos provided for in Directive 2000/75/EC.

(4) According to the opinion of the Scientific Panel on animal health and welfare of the EFSA on vectors and vaccines(3), adopted on 27 April 2007, vaccination is a suitable tool for the control of bluetongue and for avoiding clinical outbreaks and therefore to limit the losses of farmers.

(5) The vaccination of animals against bluetongue represents a major change of the immune status of the susceptible population. The proof of the absence of general or specific bluetongue virus serotype or serotypes circulation in a part of the restricted zone should be made by the Member States by means of the results of the bluetongue monitoring programmes in place pursuant to Regulation (EC) No 1266/2007. Such monitoring programmes should include passive clinical surveillance and active laboratory-based surveillance by means of at least monitoring with sentinel animals.

(6) Laboratory-based surveillance by means sentinel animals should not be restricted only to serological test but it may also be carried out by other diagnostic methods, namely agent identification tests.

(7) Vaccination in the absence of virus circulation should not be discouraged and preventive vaccination in restricted zones without virus circulation should not be impeded. However, pursuant to Directive 2000/75/EC, vaccination against bluetongue is only permitted within the protection zone. Article 7(1) of Regulation (EC) No 1266/2007 provides that movements of animals within the same restricted zone where the same bluetongue virus serotype or serotypes are circulating are to 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, assuming that these animals do not pose an additional risk to animal health.

(8) Areas where vaccination has been applied and where there is no circulation of specific bluetongue virus serotype or serotypes present a lower risk than the other areas which are part of the restricted zone where there is virus circulation. Therefore, Member States should be permitted to demarcate, within the protection zone areas where vaccination has been applied and where there is no circulation of specific bluetongue virus serotype or serotypes. The intention to demarcate these areas should be notified to the Commission, together with all information demonstrating that it is justified. The other Member States should be also informed of such demarcation.

(9) Article 7(2) of that Regulation permits movements of animals from a protection zone to a surveillance zone, subject to certain conditions. Movements of animals within the same restricted zone, from a part of that zone with virus circulation to a part with vaccination and without virus circulation should be permitted under conditions similar to those required for movements of animals from a protection zone to a surveillance zone within the same restricted zone to limit the risk of virus spread into the part of the restricted zone with vaccination and without virus circulation. Therefore, the current rules for movements of animals within the same restricted zone where the same bluetongue virus serotype or serotypes are circulating should be amended.

(10) Movements of animals from a part of a restricted zone with vaccination and without virus circulation to an area outside the restricted zone are currently permitted subject to the same conditions as those applied when animals are moved from a restricted zone with virus circulation to an area outside the restricted zone. However, taking into account the relative low level of risk of movements of animals from a part of a restricted zone with vaccination and without virus circulation, it is appropriate to permit such movements under less strict conditions as regards the virus identification test that is required for certain categories of vaccinated animals. Annex III to Regulation (EC) No 1266/2007 should therefore be amended accordingly.

(11) Regulation (EC) No 1266/2007 should therefore be amended accordingly.

(12) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 327, 22.12.2000, p. 74.

(2)

OJ L 283, 27.10.2007, p. 37.

(3)

The EFSA Journal (2007) 479, 1-29.