Legal provisions of COM(1999)368 - Specific provisions for the control and eradication of bluetongue - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1999)368 - Specific provisions for the control and eradication of bluetongue. |
|---|---|
| document | COM(1999)368  |
| date | November 20, 2000 |
Contents
Article 1
Article 2
(a) 'holding': agricultural or other establishment where animals of species susceptible to bluetongue are permanently or temporarily reared or kept;
(b) 'susceptible species': all ruminants;
(c) 'animal(s)': animal(s) belonging to a susceptible species, excluding wild animals with regard to which specific provisions may adopted in accordance with the procedure laid down in Article 20(2);
(d) 'owner' or 'holder': the natural or legal person(s) owning the animals or responsible for their upkeep, whether in return for payment or not;
(e) 'vector': an insect of the species Culicoides imicola or any other insect of the genus Culicoides capable of transmitting bluetongue, to be identified according to the procedure laid down in Article 20(2), on the advice of the Scientific Veterinary Committee;
(f) 'suspicion': appearance of any clinical sign suggesting bluetongue in a susceptible species, together with a set of epidemiological data enabling such a possibility to be reasonably envisaged;
(g) 'confirmation': the declaration by the competent authority, based on laboratory results, that the bluetongue virus is circulating in a specific area; however, in the event of an epidemic, the competent authority may also confirm the presence of the disease on the basis of clinical and/or epidemiological results;
(h) 'competent authority': the central authority of the Member State competent to conduct veterinary checks, or any other veterinary authority to which it has delegated this competence;
(i) 'official veterinarian': the veterinarian designated by the competent authority.
Article 3
Article 4
2. As soon as notification is given of suspected presence, the official veterinarian:
(a) shall place the suspect holding or holdings under official surveillance;
(b) shall:
(i) compile an inventory of the animals, indicating for each species the number of animals already dead, infected or likely to be infected, and update this inventory to take account of the animals which are born or die during the period in which the disease is suspected; the data from this inventory must be produced on request and may be checked during each visit;
(ii) compile an inventory of places likely to facilitate the survival of or to harbour the vector and, in particular, of the sites conducive to its reproduction;
(iii) carry out an epidemiological survey in accordance with Article 7;
(c) shall make regular visits to the holding or holdings and, on each occasion, conduct a detailed clinical examination or an autopsy of animals that are dead or suspected of infection and confirm the disease, if necessary by means of laboratory tests;
(d) shall ensure that:
(i) any movement of animals from or to the holding or holdings is prohibited;
(ii) the animals are confined at times when the vectors are active, where he considers that the means required for implementing this measures are available;
(iii) the animals, the buildings used to house them and their surroundings (in particular habitats in which the Culicoides populations thrive) are regularly treated with authorised insecticides. To prevent infestations by the vectors as far as possible, the rate of treatment shall be fixed by the competent authority, taking account of the persistence of the insecticide used and the climatic conditions;
(iv) the carcases of the dead animals at the holding are destroyed, eliminated, incinerated or buried in accordance with Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC(4).
3. Pending implementation of the measures referred to in paragraph 2, the owner or the holder of any animal suspected of being infected with the disease shall take all precautionary measures to comply with the provisions of paragraph 2(d)(i) and (ii).
4. The competent authority may apply the measures referred to in paragraph 2 to other holdings in the event that their location, geographical situation or contacts with the holding where the disease is suspected provides grounds for suspecting the possibility of contamination.
5. In addition to the provisions of paragraph 2, specific provisions may be laid down, according to the procedure provided for in Article 20(2), for nature reserves in which animals live freely.
6. The measures referred to in this Article shall not be lifted by the official veterinarian until the suspected presence of bluetongue has been ruled out by the competent authority.
Article 5
Article 6
(a) proceed, informing the Commission thereof, with the slaughter deemed necessary to prevent extension of the epidemic;
(b) order the destruction, elimination, incineration or burial of the carcases of those animals, in accordance with Directive 90/667/EEC;
(c) extend the measures provided for in Article 4 to holdings located within a radius of 20 kilometres (including the protection zone defined in Article 8) around the infected holding or holdings;
(d) implement the measures adopted in accordance with the procedure laid down in Article 20(2), in particular with regard to the introduction of any vaccination programme or other, alternative measure; if need be, the competent authorities of a Member State may, informing the Commission thereof, take the initiative of starting a vaccination programme;
(e) carry out an epidemiological survey in accordance with Article 7.
However, by way of derogation from subparagraph (c), provisions applicable to movements of animals in the zone may be adopted in accordance with the procedure laid down in Article 20(2).
2. The zone referred to in paragraph 1(c) may be extended or reduced on the basis of epidemiological, geographical, ecological or meteorological circumstances by the competent authority which shall notify the Commission thereof.
3. Where the zone referred to in paragraph 1(c) is located on the territory of more than one Member State, the competent authorities of the Member States concerned shall cooperate in order to demarcate the zone. If necessary, the zone shall be demarcated according to the procedure laid down in Article 20(2).
Article 7
(a) the duration of the period for which bluetongue may have been present at the holding;
(b) the possible origin of bluetongue at the holding and the identification of other holdings which have animals that may have been infected or contaminated from the same source;
(c) the presence and distribution of vectors of the disease;
(d) movements of animals from or to the holdings in question or any departure of animal carcases from those holdings.
2. A crisis unit shall be established to carry out the overall coordination of all the measures necessary for ensuring the eradication of bluetongue as soon as possible and to conduct the epidemiological survey.
General rules concerning the national crisis units and the Community crisis unit shall be laid down according to the procedure provided for in Article 20(2).
Article 8
2. (a) The protection zone shall consist of a part of the Community territory having a radius of at least 100 kilometres around the infected holding.
(b) The surveillance zone shall consist of a part of the Community territory with a depth of at least 50 kilometres extending beyond the limits of the protection zone and in which no vaccination has been carried out during the previous twelve months.
(c) Where the zones are located on the territory of more than one Member State, the competent authorities of the Member States concerned shall cooperate for the purpose of demarcating the zones referred to in subparagraphs (a) and (b).
(d) However, the protection and surveillance zones shall if necessary be demarcated according to the procedure laid down in Article 20(2).
3. On receipt of a duly substantiated request from a Member State, a decision may be taken, in accordance with the procedure laid down in Article 20(2), to change the demarcation of the zones defined in paragraph 2, in the light of:
(a) their geographical location and ecological factors;
(b) meteorological conditions;
(c) the presence and distribution of the vector;
(d) the results of epizootiological studies carried out pursuant to Article 7;
(e) the results of laboratory tests;
(f) the application of countermeasures, in particular disinsectisation.
Article 9
(a) the identification of all holdings with animals inside the zone;
(b) the implementation by the competent authority of an epidemiosurveillance programme based on the monitoring of sentinel groups of bovine animals (or, in their absence, of other species of ruminant) and vector populations; this programme may be laid down according to the procedure provided for in Article 20(2);
(c) a ban on animals leaving the zone. However, under the procedure laid down in Article 20(2), exemptions from the exit ban may be decided on in particular for animals situated in part of the zone where there is a proven absence of viral circulation or of vectors.
2. In addition to the measures laid down in paragraph 1, the vaccination of animals against bluetongue and their identification in the protection zone may be decided on according to the procedure laid down in Article 20, or on the initiative of the Member State informing the Commission.
Article 10
1. the measures provided for in Article 9(1) apply in the surveillance zone;
2. any vaccination against bluetongue is prohibited in the surveillance zone.
Article 11
Article 12
When the decision referred to in the first paragraph is adopted, the rules applicable to trade shall be determined in accordance with the same procedure.
Article 13
Article 14
Article 15
2. The national laboratories listed in Annex I shall cooperate with the Community reference laboratory referred to in Article 16.
Article 16
Article 17
The Member State on whose territory a check is carried out shall provide the experts with all the necessary assistance in the performance of their task.
The general implementing rules for this article shall be laid down in accordance with the procedure provided for in Article 20(2).
Article 18
This plan must provide for access to plant, equipment, personnel and any other appropriate facility necessary for the swift and effective eradication of the disease.
2. The criteria to be applied for drawing up the plans referred to in paragraph 1 are set out in Annex III.
Plans drawn up pursuant to these criteria shall be submitted to the Commission no later than three months after the entry into force of this Directive.
The Commission shall examine the plans, in order to determine whether they enable the desired objective to be attained, and shall suggest to the Member State concerned any modification required, inter alia, in order to guarantee that they are compatible with those of the other Member States.
The Commission shall approve the plans, if necessary with modifications, in accordance with the procedure laid down in Article 20(2).
The plans may subsequently be modified or supplemented, in accordance with the same procedure, to take account of developments in the situation.
Article 19
The Annexes shall be amended in accordance with the procedure laid down in Article 20(2).
Any detailed rules necessary for the implementation of this Directive shall be adopted in accordance with the procedure laid down in Article 20(2).
Article 20
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(5) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.
3. The Committee shall adopt its Rules of Procedure.
Article 21
Article 22
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.