Commission Decision
of 5 April 2001
amending Decision 2001/246/EC laying down the conditions for the control and eradication of foot-and-mouth disease in the Netherlands in application of Article 13 of Directive 85/511/EEC
(notified under document number C(2001) 1070)
(Text with EEA relevance)
(2001/279/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 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 13(3) thereof,
Whereas:
(1) Based on a programme to employ suppressive vaccination submitted by the competent authorities of the Netherlands, the Commission adopted Decision 2001/246/EC(4) laying down the conditions for the approval and eradication of foot-and-mouth disease in the Netherlands in application of Article 13 of Directive 85/511/EEC.
(2) Based on a programme to employ protective vaccination submitted by the competent authorities of the United Kingdom, the Commission adopted Decision 2001/257/EC(5) laying down the conditions for the approval and eradication of foot-and-mouth disease in the United Kingdom in application of Article 13 of Directive 85/511/EEC.
(3) The competent authorities of the Netherlands have now presented to the Commission a programme to employ in addition to the measures laid down in Decision 2001/246/EC protective vaccination as an additional instrument to control and eradicate foot-and-mouth disease, taking into account the epidemiological situation and the high density of susceptible animals in certain parts of the territory.
(4) The principles provided for in Article 13 of Directive 85/511/EEC require to balance the decision on resorting to vaccination against basic Community interests which must not be endangered.
(5) Recourse to any kind of vaccination will inevitably jeopardise the foot-and-mouth disease status in terms of international trade not only for the Member State or part of its territory where vaccination is carried out.
(6) The Commission prior to taking a Decision on emergency vaccination must ensure that the measures to be taken include at least those provided for in Article 13(3) first to sixth indent of Directive 85/511/EEC.
(7) It is the purpose of this Decision to define the conditions under which the Netherlands may apply emergency vaccination without prejudice to Commission Decision 2001/223/EC(6) as last amended.
(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
Decision 2001/246/EC is amended as follows:
1. A third paragraph is added to Article 1 as follows:
"3. Protective vaccination shall mean emergency vaccination of bovine animals in identified holdings situated in the vaccination zone, which is carried out exclusively in conjunction with pre-emptive killing of certain categories of other animals of susceptible species as defined in paragraph 1 whether or not in conjunction with suppressive vaccination as defined in paragraph 2.
It is aimed at an urgent reduction of the amount of virus circulating and the risk of virus spreading beyond the perimeters of the area, however it is carried out under the condition that animals of susceptible species vaccinated under the conditions of protective vaccination are not subject to pre-emptive killing."
2. Article 2 is replaced by the following:
"Article 2
1. Without prejudice to Council Directive 85/511/EEC, and in particular Articles 4, 5 and 9 thereof, the competent authorities of the Netherlands may decide on resorting to emergency vaccination under the conditions set out in the Annexes.
2. Before commencing suppressive and protective vaccination under the conditions laid down respectively in Annex I and Annex II, the Netherlands shall ensure that the Member States and the Commission are officially informed on the details concerning the geographical and administrative definition of the vaccination zone, the number of holdings and animals by species affected and the time when vaccination will be started and accomplished and the circumstances motivating the decision to implement the measures.
Subsequently the Netherlands shall ensure that the information submitted in accordance with the first subparagraph is completed without undue delay with the details concerning the killing of vaccinated animals, in particular the number of animals killed, the number of holdings and animals affected, the time the killing was completed, and the modifications of the restrictions applied in the areas concerned with regard to suppressive vaccination carried out under the conditions laid down in Annex I and the maintenance of restrictions imposed on movement of live animals and certain of their products from animals which have been subject to protective vaccination carried out under the condition laid own in Annex II."
3. The Annex is replaced by the Annexes to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 April 2001.