02009D0177 — EN — 01.01.2021 — 008.001

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►B COMMISSION DECISION of 31 October 2008 implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments (notified under document number C(2008) 6264) (Text with EEA relevance) (2009/177/EC) (OJ L 063 7.3.2009, p. 15)

Amended by:









▼B

COMMISSION DECISION

of 31 October 2008

implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments

(notified under document number C(2008) 6264)

(Text with EEA relevance)

(2009/177/EC)







SECTION 1

SUBMISSION OF SURVEILLANCE PROGRAMMES AND DISEASE-FREE STATUS DECLARATIONS FOR APPROVAL

Article 1

Conditions for submission of surveillance programmes for approval

1. Surveillance programmes shall only be submitted for approval, as provided in the first subparagraph of Article 44(1) of Directive 2006/88/EC, if they cover: (a) the whole territory of a Member State; (b) compartments or groups thereof, comprising more than 75 % of the coastal area of the Member State concerned as regards diseases which only affect salt water species; (c) zones and compartments, or groups thereof, comprising more than 75 % of the continental area of the Member State concerned as regards diseases which only affect fresh water species; (d) zones and compartments, or groups thereof, comprising more than 75 % of the continental area and coastal area of the Member State concerned as regards diseases which affect both fresh water and salt water species; or (e) zones and compartments, which consist of water catchment areas shared with another Member State or third country.

2. For the purpose of this Decision, a compartment or group of compartments of a coastal area shall be considered to cover more than 75 % of the coastal area of a Member State when it covers more than 75 % of the coastline, measured along the baseline of the coast.

Article 2

Conditions for the submission of disease-free status declarations for approval

Disease-free status declarations shall only be submitted for approval, as provided for in Article 50(3) of Directive 2006/88/EC, if the declaration complies with one of the conditions set out in Article 1(1) of this Decision.







SECTION 2

LISTS OF MEMBER STATES, ZONES AND COMPARTMENTS SUBJECT TO APPROVED SURVEILLANCE AND ERADICATION PROGRAMMES AND DISEASE-FREE AREAS

Article 3

Member States, zones and compartments subject to approved surveillance programmes

Member States, zones and compartments subject to a surveillance programme approved in accordance with the first subparagraph of Article 44(1) of Directive 2006/88/EC are listed in the second and fourth column of the table in Part A of Annex I to this Decision as regards the diseases specified in that table.

Article 4

Member States, zones and compartments subject to approved eradication programmes

Member States, zones and compartments subject to an eradication programme approved in accordance with the first subparagraph of Article 44(2) of Directive 2006/88/EC are listed in the second and fourth column of the table in Part B of Annex I to this Decision as regards the diseases specified in that table.

Article 5

Disease-free Member States, zones and compartments

Member States declared disease-free in accordance with Article 49(1) of Directive 2006/88/EC, and zones and compartments declared disease-free in accordance of Article 50(3) of that Directive, are listed in the second and fourth column of the table in Part C of Annex I to this Decision as regards the diseases specified in that table.







SECTION 3

MODEL FORMS FOR SUBMISSIONS OF DECLARATIONS AND APPLICATIONS

Article 6

Model forms for surveillance programmes

1. Submissions for the approval of surveillance programmes, as provided for in the first subparagraph of Article 44(1) of Directive 2006/88/EC, shall be in conformity with the model forms set out in Annexes II and III to this Decision.

2. Submissions for declarations of surveillance programmes, provided for in the fourth subparagraph of Article 44(1) of Directive 2006/88/EC, shall be in conformity with the model form set out in Annex II to this Decision.

Article 7

Model form for eradication programmes

Submissions for the approval of eradication programmes, as provided for in the first subparagraph of Article 44(2) of Directive 2006/88/EC, shall be in conformity with the model form set out in Annex V to Decision 2008/425/EC.

Article 8

Model forms for the submission for disease-free status

1. Submissions of documentation for the approval of disease-free status, as provided for in Article 49(1) and Article 50(3) of Directive 2006/88/EC, shall be in conformity with the model forms set out in Annexes IV and V to this Decision.

2. Submissions of declarations of disease-free status of zones or compartments, as provided for in Article 50(2) of Directive 2006/88/EC, shall be in conformity with the model forms set out in Annexes IV and V to this Decision.

3. By way of derogation from paragraphs 1 and 2, when disease-free status is to be achieved in accordance with Articles 49(1)(a), (b) or point 1 of Part I of Annex V to Directive 2006/88/EC, Member States shall not be required to submit the model forms set out in Annex V to this Decision.







SECTION 4

OBLIGATIONS FOR REPORTS AND INTERNET-BASED INFORMATION

Article 9

Reporting

By 30 April each year at the latest, Member States shall submit a report to the Commission on:

(a) surveillance programmes approved in accordance with the first subparagraph of Article 44(1) of Directive 2006/88/EC;

(b) eradication programmes not subject to Community funding and approved in accordance with the first subparagraph of Article 44(2) of that Directive.

The report shall be in conformity with the model form set out in Annex VI to this Decision.

Article 10

Internet-based information pages

1. Member States shall establish and keep up-to-date Internet-based information pages in order to make: (a) declarations of surveillance programmes submitted to the Standing Committee on the Food Chain and Animal Health (the Committee), in accordance with the fourth subparagraph of Article 44(1) and Article 50(2) of Directive 2006/88/EC, accessible to the Commission and the other Member States; (b) declarations of disease-free status submitted to the Committee, in accordance with Article 50(2) of that Directive, accessible to the Commission and the other Member States; (c) publicly available the list of zones or compartments declared subject to an approved surveillance programme or disease-free, in accordance with Article 50(2) of that Directive.

2. When Member States publish on the Internet-based information pages the declarations referred to in points (a) and (b) of paragraph 1, they shall immediately notify the Commission thereof.

3. Member States shall communicate to the Commission the Internet addresses of the Internet-based information pages provided for in paragraph 1.







SECTION 5

TRANSITIONAL PROVISIONS

Article 11

Transitional provisions as regards disease-free areas

1. Continental zones recognised as approved with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) by Decision 2002/308/EC and listed in Annex I thereto shall be regarded as zones complying with the requirements for disease-free zones set out in Annex V to Directive 2006/88/EC.

2. Fish farms recognised as approved with regard to VHS and IHN by Decision 2002/308/EC and listed in Annex II thereto shall be regarded as compartments complying with the requirements for disease-free compartments set out in Annex V to Directive 2006/88/EC.

3. Continental zones and fish farms referred to in paragraphs 1 and 2 of this Article shall be included in the list of zones and compartments established in accordance with Article 10(1)(c).

4. By way of derogation from Article 50(2) of Directive 2006/88/EC, Member States shall not be required to submit declarations to the Committee, as regards the continental zones and fish farms referred to in paragraphs 1 and 2 of this Article.

Article 12

Transitional provisions as regards approved programmes

1. By way of derogation from Article 44 of Directive 2006/88/EC, Member States shall not be required to submit surveillance and eradication programmes which were approved for the purpose of obtaining approved zone status with regard to: (a) VHS and IHN by Decision 2003/634/EC; (b) bonamiosis and marteiliosis by Decision 94/722/EC.

2. By 30 April 2009 at the latest, the Member States concerned shall submit to the Commission a report on the programmes referred to in paragraph 1, which shall contain at least: (a) information on the geographical demarcation of the programmes; (b) the information required under Annex VI for the previous four years of implementation of the programmes.







SECTION 6

FINAL PROVISIONS

Article 13

Repeal

Decisions 2002/300/EC and 2002/308/EC are repealed with effect from 1 August 2009.

Article 14

Application

This Decision shall apply from 1 November 2008.

Article 15

Addressees

This Decision is addressed to the Member States.









ANNEX I

▼M2







PART A Member States, zones and compartments subject to approved surveillance programmes Disease Member State ISO Code Geographical demarcation of the area under a surveillance programme (Member State, zones or compartments) ▼M7 Viral haemorrhagic septicaemia (VHS) Estonia EE Whole territory Finland FI The Province of Åland Infectious haematopoietic necrosis (IHN) Estonia EE Whole territory except the compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01) ▼M2 Koi herpes virus (KHV) disease ►M4 — ◄ ►M4 — ◄ ►M4 — ◄ Hungary HU Whole territory Infectious salmon anaemia (ISA) Infection with Marteilia refringens Infection with Bonamia ostreae White spot disease

▼M3







PART B Member States, zones and compartments subject to approved eradication programmes Disease Member State ISO code Geographical demarcation of the area under an eradication programme (Member State, zones or compartments) Viral haemorrhagic septicaemia (VHS) ►M4 — ◄ ►M4 — ◄ ►M4 — ◄ ▼M7 ————— ▼M7 Infectious haematopoietic necrosis (IHN) Estonia EE The compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01) ▼M3 Koi herpes virus (KHV) disease Germany DE Land Saxony Infection with Marteilia refringens Infection with Bonamia ostreae White spot disease

▼M8







PART C Member States (1) zones and compartments declared disease-free Disease Member State ISO Code Geographical demarcation of the disease-free area (Member State, zones or compartments) Viral haemorrhagic septicaemia (VHS) Denmark DK Whole continental territory Ireland IE Whole territory Cyprus CY All continental areas within its territory Finland FI All continental and coastal areas within its territory, except the Province of Åland Sweden SE Whole territory United Kingdom (Northern Ireland) UK(NI) Northern Ireland Infectious haematopoietic necrosis (IHN) Denmark DK Whole territory Ireland IE Whole territory Cyprus CY All continental areas within its territory Finland FI Whole territory, except the coastal compartment in Ii, Kuivaniemi, and the following water catchment areas: 14.72 Virmasvesi, 14.73 Nilakka, 4.74 Saarijärvi area and 4.41 Pielinen area Sweden SE Whole territory United Kingdom (Northern Ireland) UK(NI) Northern Ireland Koi herpes virus (KHV) disease Ireland IE Whole territory United Kingdom (Northern Ireland) UK(NI) Northern Ireland Infectious salmon anaemia (ISA) Belgium BE Whole territory Bulgaria BG Whole territory Czech Republic CZ Whole territory Denmark DK Whole territory Germany DE Whole territory Estonia EE Whole territory Ireland IE Whole territory Greece EL Whole territory Spain ES Whole territory France FR Whole territory Italy IT Whole territory Cyprus CY Whole territory Latvia LV Whole territory Lithuania LT Whole territory Luxembourg LU Whole territory Hungary HU Whole territory Malta MT Whole territory Netherlands NL Whole territory Austria AT Whole territory Poland PL Whole territory Portugal PT Whole territory Romania RO Whole territory Slovenia SI Whole territory Slovakia SK Whole territory Finland FI Whole territory Sweden SE Whole territory United Kingdom (Northern Ireland) UK/NI Northern Ireland Infection with Marteilia refringens Ireland IE Whole territory United Kingdom (Northern Ireland) UK/NI Whole coastline of Northern Ireland except Belfast Lough and Dundrum Bay Infection with Bonamia ostreae Ireland IE The whole coastline of Ireland, except: 1. Cork Harbour 2. Galway Bay 3. Ballinakill Harbour 4. Clew Bay 5. Achill Sound 6. Loughmore, Blacksod Bay 7. Lough Foyle 8. Lough Swilly 9. Kilkieran Bay United Kingdom (Northern Ireland) UK(NI) Whole coastline of Northern Ireland except Lough Foyle and Strangford Lough White spot disease ( 1 ) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/ Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex, references to Member States include the United Kingdom in respect of Northern Ireland.

▼B









ANNEX II

Model for submission of surveillance programmes for approval and for declarations of surveillance programmes









ANNEX III

PART A

Model for information to be submitted in relation to submissions of surveillance programmes for approval on the epidemiological situation/evolution of the disease in the last four years (one table for each year of implementation)







1. Data on testing animals Farm or mollusc farming area () Number of samplings Number of clinical inspections Water temperature at sampling/inspection Species at sampling Species sampled Number of animals sampled (total and by species) Number of tests Positive results of laboratorial examination Positive results of clinical inspections Total Total ( 1 ) Member State, zone or compartment as defined in Point 6 of Annex II. ( 2 ) When the number of farms/mollusc farming areas is limited or no farms/mollusc farming areas are present in whole or parts of the Member State, zone or compartment subject to the submission, and sampling therefore is carried out in wild populations, the geographical situation of the sampling must be given.







2. Data on testing farms or farming areas Member State, zone or compartment () Total number of farms or mollusc farming areas () Total number of farms or mollusc farming areas under the programme Number of farms or mollusc farming areas checked () Number of positive farms or mollusc farming areas () Number of new positive farms or mollusc farming areas () Number of farms or mollusc farming areas depopulated % positive farms or mollusc farming areas depopulated Animals removed and disposed of () Target indicators % farms or mollusc farming areas coverage % positive farms or mollusc farming areas Period farms or mollusc farming areas prevalence % new positive farms or mollusc farming areas Farms or mollusc farming areas incidence 1 2 3 4 5 6 7 8 = (7/5) × 100 9 10 = (4/3) × 100 11 = (5/4) × 100 12 = (6/4) × 100 Total ( 1 ) Member State, zone or compartment as defined in Point 6 of Annex II. ( 2 ) Total number of farms or mollusc farming areas existing in the Member State, zone or compartment as defined in Point 6 of Annex II. ( 3 ) Check means to perform a farm/mollusc farming area level test under the programme for the respective disease with the purpose of upgrading the health status of the farm/mollusc farming area. In this column a farm/mollusc farming area must not be counted twice even if it has been checked more than once. ( 4 ) Farms or mollusc farming areas with at least one positive animal during the period independent of the number of times the farms or mollusc farming areas have been checked. ( 5 ) Farms or mollusc farming areas in which the health status for the past reporting period was, either category I, category II, category III or category IV in accordance with Part A of Annex III to Directive 2006/88/EC but which have had during this period of reference at least one positive animal for the disease in question.

In the case of programmes submitted before 1 August 2008, farms or mollusc farming areas which were not positive to the disease in question in the previous period and have at least one positive animal in this period. ( 6 ) Animals × 1 000 or total weight of animals removed and disposed of.

PART B

Model for information to be submitted in relation to submissions for approval of surveillance programmes on targets (one table for each year of implementation)







1. Targets related to testing animals Farm or mollusc farming area () Number of samplings Number of clinical inspections Water temperature at sampling/inspection Species at sampling Species sampled Number of animals sampled (total and by species) Number of tests Total ( 1 ) Member State, zone or compartment as defined in Point 6 of Annex II. ( 2 ) When the number of farms/mollusc farming areas is limited or no farms/mollusc farming areas are present in whole or parts of the Member State, zone or compartment subject to the submission, and sampling therefore is carried out in wild populations, the geographical situation of the sampling must be given.







2. Targets on testing farms or farming areas Member State, zone or compartment () Total number of farms or mollusc farming areas () Total number of farms or mollusc farming areas under the programme Number of farms or mollusc farming areas expected to be checked () Number of expected positive farms or mollusc farming areas () Number of expected new positive farms or mollusc farming areas () Number of farms or mollusc farming areas expected to be depopulated % positive farms or mollusc farming areas expected to be depopulated Target indicators Expected % farms or mollusc farming areas coverage % positive farms or mollusc farming areas Expected period farms or mollusc farming areas prevalence % new positive farms or mollusc farming areas Expected farms or mollusc farming areas incidence 1 2 3 4 5 6 7 8 = (7/5) × 100 9 = (4/3) × 100 10 = (5/4) × 100 11 = (6/4) × 100 Total ( 1 ) Member State, zone or compartment as defined in Point 6 of Annex II. ( 2 ) Total number of farms or mollusc farming areas existing in the Member State, zone or compartment as defined in Point 6 of Annex II. ( 3 ) Check means to perform a farm/mollusc farming area level test under the programme for the respective disease with the purpose of upgrading the health status of the farm/mollusc farming area. In this column a farm/mollusc farming area must not be counted twice even if it has been checked more than once. ( 4 ) Farms or mollusc farming areas with at least one positive animal during the period independent of the number of times the farms or mollusc farming areas have been checked. ( 5 ) Farms or mollusc farming areas in which the health status for the past reporting period was, either category I, category II, category III or category IV in accordance with Part A of Annex III to Directive 2006/88/EC but which have had during this period of reference at least one positive animal for the disease in question.









ANNEX IV

Model for submissions of applications for and declarations of disease-free status









ANNEX V

Model for information to be submitted in relation to submissions of applications for and declarations of disease-free status (one table for each year of implementation)







1. Data on testing animals Farm or mollusc farming area () Number of samplings Number of clinical inspections Water temperature at sampling/inspection Species at sampling Species sampled Number of animals sampled (total and by species) Number of tests Positive results of laboratorial examination Positive results of clinical inspections Total Total ( 1 ) Member State, zone or compartment as defined in point 7 of Annex IV. ( 2 ) When the number of farms/mollusc farming areas is limited or no farms/mollusc farming areas are present in whole or parts of the Member State, zone or compartment subject to the application or declaration, and sampling therefore is done in wild populations, the geographical situation of the sampling should be given.







2. Data on testing farms or farming areas Member State, zone or compartment () Total number of farms or mollusc farming areas () Total number of farms or mollusc farming areas under the programme Number of farms or mollusc farming areas checked () Number of positive farms or mollusc farming areas () Number of new positive farms or mollusc farming areas () Number of farms or mollusc farming areas depopulated % positive farms or mollusc farming areas depopulated Animals removed and disposed of () Target indicators % farms or mollusc farming areas coverage % positive farms or mollusc farming areas Period farms or mollusc farming areas prevalence % new positive farms or mollusc farming areas Farms or mollusc farming areas incidence 1 2 3 4 5 6 7 8 = (7/5) × 100 9 10 = (4/3) × 100 11 = (5/4) × 100 12 = (6/4) × 100 Total ( 1 ) Member State, zone or compartment as defined in point 7 of Annex IV. ( 2 ) Total number of farms or mollusc farming areas existing in the Member State, zone or compartment as defined in point 7 of Annex IV. ( 3 ) Check means to perform a farm/mollusc farming area level test under the programme to achieve disease-free status for the respective disease with the purpose of upgrading the health status of the farm/mollusc farming area. In this column a farm/mollusc farming area must not be counted twice even if it has been checked more than once. ( 4 ) Farms or mollusc farming areas with at least one positive animal during the period independent of the number of times the farms or mollusc farming areas have been checked. ( 5 ) Farms or mollusc farming areas in which the health status for the past reporting period was, either category I, category II, category III or category IV in accordance with Part A of Annex III to Directive 2006/88/EC but which have had during this period of reference at least one positive animal for the disease in question.

In the case of programmes submitted before 1 August 2008, farms or mollusc farming areas which were not positive to the disease in question in the previous period and have at least one positive animal in this period. ( 6 ) Animals × 1 000 or total weight of animals removed and disposed of.









ANNEX VI

MODEL REPORT







1. Report related to testing of animals Farm or mollusc farming area () Number of samplings Number of clinical inspections Water temperature at sampling/inspection Species at sampling Species sampled Number of animals sampled (total and by species) Number of tests Positive results of laboratorial examination Positive results of clinical inspections Total Total ( 1 ) Member State, zone or compartment as defined in point 6 of Annex II. ( 2 ) When the number of farms/farming areas is limited or no farms/farming areas are present in whole or parts of the Member State, zone or compartment subject to the application, and sampling therefore is carried out in wild populations, the geographical situation of the sampling must be given.