Commission Decision
of 6 June 2001
amending for the eighth time Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands
(notified under document number C(2001) 1598)
(Text with EEA relevance)
(2001/426/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the Netherlands, the Commission adopted Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands(4), as last amended by Decision 2001/408/EC(5).
(2) The foot-and-mouth disease situation in certain parts of the Netherlands is liable to endanger the herds in other parts of the territory of the Netherlands and in other Member States in view of the placing on the market and trade in live biungulate animals and certain of their products. However, the last case was reported on 21 April 2001.
(3) Council Directive 85/511/EEC(6), as last amended by the Act of Accession of Austria, Finland and Sweden, introduced Community measures for the control of foot-and-mouth disease.
(4) In accordance with Commission Decision 2001/246/EC(7), as amended by Decision 2001/279/EC(8), laying down the conditions for the control and eradication of foot-and-mouth disease in application of Article 13 of Directive 85/511/EEC, the restrictions applied to the vaccination zone continue to be applicable, however, all vaccinated animals have been slaughtered by 25 May 2001.
(5) In the light of the disease evolution it appears therefore appropriate to further adjust the regionalisation, to delete Annex II, to make provisions for the slaughter of animals from areas outside those listed in Annex I in slaughterhouses situated in the areas listed in Annex I under controlled conditions, to make provisions for the transport of milk from the areas listed in Annex I to establishments situated outside those areas for treatment and to further ease the movement of susceptible animals from the areas outside those listed in Annex I.
(6) At the meeting of the Standing Veterinary Committee of 5-6 June 2001 the Netherlands reiterated in relation to the proposed amendments of Decision 2001/223/EC that:
- continuous controls will be carried out on traffic crossing from the areas listed in Annex I to the rest of the country in order to prevent movement of live susceptible animals,
- meat destined for intra-Community trade and export will be completely separated from meat bearing the health mark provided for in Decision 2001/305/EC, and will come from establishments where no meat bearing the health mark provided for in Decision 2001/305/EC is present,
(7) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 12 June 2001 and the measures adapted where necessary.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Commission Decision 2001/223/EC is amended as follows:
1. In Article 2(2)(b), the first subparagraph is replaced by the following: "(b) fresh meat obtained from animals reared outside the areas listed in Annex I and transported in derogation to Article 1(1) and (2) directly and under official control in sealed means of transport to a slaughterhouse designated by the competent authorities and situated in the areas listed in Annex I for immediate slaughter under the following conditions:"
2. In Article 4(1) the second subparagraph is replaced by the following: "This prohibition shall not apply to milk transported from holdings situated in the areas listed in Annex I directly to a designated establishment situated in parts of the territory not listed in Annex I for treatment in accordance with paragraph 2, under the condition that
(a) transport of raw milk from holdings situated in the areas listed in Annex I to the establishments in the areas not listed in Annex I is carried out in vehicles which were cleansed and disinfected prior to leaving the areas listed in Annex I and had no subsequent contact with holdings in the areas listed in Annex I keeping animals of species susceptible to foot-and-mouth disease,
(b) effective measures are taken to avoid the dispersion of aerosol from the milk tank during transport and the evacuation of the milk from the means of transport to the milk tanks in the establishment,
(c) the means of transport must be cleansed and disinfected after each such operation,
(d) all milk processed on the same production line must undergo the treatment referred to in paragraph 2, unless the sanitary status of the line is re-established following effective cleansing and disinfection under the responsibility of the competent authorities,
(e) the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions."
3. Article 5(2)(b) is replaced by the following: "(b) prepared from milk complying with the provisions in Article 4(1), second subparagraph, (2) or (3)."
4. Article 12 a is replaced by the following: "Article 12 a
1. The Netherlands shall ensure that dispatch to other Member States of live animals susceptible to foot-and-mouth disease is prohibited from the areas of its territory not listed in Annex I.
2. Derogating from the provisions in paragraph l, the competent authorities of the place of departure may authorise the transport of live bovine and porcine animals from one single holding situated outside the areas listed in Annex I in the provinces Overijssel, in the part of the province of Gelderland north of the river Rijn-Waal-Merwede between the border with Germany and the border with the province Zuid-Holland or in the part of the province of Utrecht situated east of the highway A27, directly to a slaughterhouse in another Member State for immediate slaughter, subject to notification to the central veterinary authorities of the Member State of destination and any Member State of transit.
3. Derogating from the provisions in paragraph 1, the competent authorities of the place of departure may authorise the transport to other Member States of animals of the bovine and porcine species from the areas of the Netherlands situated in the provinces of Friesland, Groningen, Drenthe, Flevoland, Noord-Holland, Zuid-Holland, Zeeland, Noord-Brabant, Limburg, and in the part of the province of Gelderland south of the river Rijn-Waal-Merwede between the border with Germany and the border with the province Zuid-Holland, and in the part of the province of Utrecht situated west of the highway A27, subject to notification to the central veterinary authorities of the Member State of destination and any Member State of transit."
5. The date in Article 14 is replaced by "25 June 2001".
6. Annex I is replaced by the Annex to this Decision.
7. Annex II is deleted and any reference in the Decision to this Annex shall be null and void.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 June 2001.