NoC 148/12 Official Journal of the European Communities 7.6.91 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) introducing Community measures for the control of 
certain animal diseases 
(91/C 148/10) 
COM(91) 138 final 
(Submitted by the Commission on 23 May 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas live animals are listed in Annex II of the 
Treaty; whereas the marketing of live animals constitutes 
an important source of revenue for the agricultural 
population; 
Whereas it is necessary to establish at Community level 
the control measures to be taken in the event of 
outbreaks of disease, in order to ensure rational devel­
opment of the farming sector and to contribute to the 
protection of animal health in the Community; 
Whereas an outbreak of such diseases can quickly take 
on epizootic proportions, causing mortality and dis­
turbances on a scale liable to severely reduce the profit­
ability of stock farming; 
Whereas control measures must be taken as soon as the 
presence of such a disease is suspected so that immediate 
and effective action can be implemented as soon as its 
presence is confirmed; 
Whereas the measures to be taken must be aimed at 
preventing the spread of the disease, and in particular, by 
carefully controlling movements of animals and products 
liable to spread the infection; 
Whereas the prevention of these diseases in the 
Community shall be based normally on a non-vacci­
nation policy; whereas however it is necessary to make 
provision for vaccination where a serious situation 
demands such action; Whereas, in order to ensure that all vaccinated animals 
are recognizable, it is necessary that these animals must 
be identified; whereas, in order to give the necessary 
guarantees, the vaccine used must be approved for 
activity by a reference laboratory designated by the 
Community; 
Whereas a thorough epidemiological enquiry is essential 
to prevent any spread of these diseases; whereas the 
Member States shall establish special groups for this 
purpose; 
Whereas in order to ensure an effective system of 
control, diagnosis of these diseases must be harmonized 
and must be carried out under the auspices of responsible 
laboratories, the coordination of which may be carried 
out by a reference laboratory designated by the 
Community; 
Whereas common measures for the control of these 
diseases form a basis for maintaining a uniform standard 
of animal health, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation defines the minimum Community 
control measures to be applied in the event of an 
outbreak of a disease mentioned in Annex I. 
Article 2 
For the purpose of this Regulation the following defi­
nitions shall apply: 
1. 'holding': any establishment (agricultural or other), 
situated in the territory of a Member State, in which 
animals are kept or bred; 
2. 'animal': any domestic animal of a species liable to be 
directly affected by the disease in question, or wild 
vertebrate animal likely to participate in the 
epidemiology of the disease, by acting as a carrier or 
reservoir of infection; 
7. 6. 91 Official Journal of the European Communities NoC 148/13 
3. 'vector': any wild vertebrate or invertebrate animal 
which, by mechanical or biological means, is liable to 
transmit and spread the agent of the disease in 
question; 
4. 'owner or keeper': any person persons, either natural 
or legal, having ownership of the animals, or charged 
with keeping the said animals, whether or not for 
financial reward; 
5. 'incubation period': the period of time likely to elapse 
between exposure to the agent of the disease in 
question and the onset of clinical symptoms. The 
duration of this period shall be that laid down in 
Annex I for the disease in question; 
6. 'confirmation of infection': the declaration by the 
competent authority of the presence of any of the 
diseases listed in Annex I in any animal or carcase, 
based on clinical and/or laboratory findings, as 
appropriate; 
7. 'competent authority': the veterinary authority 
appointed for the purpose by the national adminis­
tration of the country concerned, being directly 
responsible to the national administration within the 
scope of this Regulation, and reporting through the 
national administration; 
8. 'official veterinarian': the veterinarian appointed by 
the competent authority of the Member State. 
Article 3 
1. Any person or persons suspecting the presence of 
one of the diseases listed in Annex I in any animal shall 
immediately inform or notify the competent authority 
and, where appropriate, inform the owner or keeper of 
the animals by the most expeditious means available. 
2. Until such time as the measures laid down in 
Article 4 (1) are enforced, the owner or keeper of any 
animal in which disease is suspected shall take all action 
to ensure compliance with the said paragraph. 
3. Where information concerning one or more 
animals suspected of being infected or of being 
contaminated with any of the diseases concerned is 
received, official means of investigation to confirm or 
rule out the presence of the agent of the disease shall be 
set in motion immediately by the competent authority. 
The official veterinarian shall carry out the clinical inves­
tigation of the an animals and of the herd concerned. 
4. If the suspicion of infection is justified the 
competent authority is responsible for the execution and 
supervision of the provisions laid down in this Regu­
lation. Article 4 
1. When infection is suspected in animals on a 
holding, the competent authority shall have the holding 
placed under official surveillance and shall in particular 
order that: 
(a) an official census be made of all categories of 
animals of susceptible species and that, in respect of 
each of these categories, the number of animals 
already dead, infected or liable to be infected or 
contaminated be recorded; the census must be kept 
up to date by the owner or keeper to take account of 
animals born or dying during the period of 
suspicion; the information in the census must be 
produced on request and may be checked at each 
inspection; 
(b) all animals of susceptible species on the holding be 
kept in their living quarters or some other place 
where they can be isolated taking into account the 
possible role of vectors where appropriate; 
(c) no animals of susceptible species enter or leave the 
holding; 
(d) no animals of other species enter or leave the 
holding without the authorization by the competent 
authority; 
(e) the movement of persons to or from the holding be 
made subject to authorization by the competent 
authority; 
(f) the entry or exit of vehicles to or from the holding 
be made subject to authorization by the competent 
authority which shall lay down the conditions 
necessary in order to avoid spread of the agent of 
the disease; 
(g) all movement from the holding of animal products, 
feedingstuffs, utensils, objects or other substances, 
such as waste, liable to transmit the disease in 
question, be prohibited, unless authorized by the 
competent authority; 
(h) appropriate means of disinfection be used at the 
entrances and exits of buildings housing animals of 
susceptible species and of the holding itself; 
(i) an epizootiological enquiry be carried out in 
accordance with Article 8 (1). 
2. The competent authority shall arrange to take 
adequate samples for laboratory examination where these 
samples and examinations have not already been taken 
or carried out in accordance with Article 3 (3). 
3. The competent authority may extend the measures 
provided for in paragraph 1 to other holdings where 
animals may have become infected as a result of their 
location and direct or indirect contact with the holding 
under suspicion. 
No C 148/14 Official Journal of the European Communities 7. 6. 91 
4. The measures referred to in paragraphs 1 and 3 
shall not be withdrawn until the suspicion of disease has 
been officially ruled out. 
Article 5 
As soon as confirmation of infection on a holding has 
taken place, the competent authority shall introduce the 
following measures: 
1. In addition to the measures listed in Article 4 (1), 
the following measures shall be taken without delay: 
(a) all animals of susceptible species on the holding shall 
be killed on the holding, in such a way as to avoid 
all risk of spreading the agent of the disease; 
(b) after being killed, the aforementioned animals shall 
be destroyed by burning or disposed of by burial, if 
possible on the holding; where burning or burial is 
not possible they shall be destroyed by rendering. All 
measures must be taken to prevent the risk of 
spreading the agent of the disease; 
(c) after elimination of the animals of susceptible species 
the buildings used for their housing, their 
surroundings and the vehicles used for their 
transport and all equipment likely to be 
contaminated shall be cleaned and disinfected in 
accordance with Article 11, and appropriate means 
taken to ensure adequate control of vectors of the 
agent; 
(d) any substances which might be contaminated, 
referred to in Article 4 (1) (g) shall be destroyed or 
treated in such a way as to ensure the destruction of 
any agent of the disease present; 
(e) an epizootiological enquiry shall be carried out in 
accordance with Article 8 (1) and the provisions of 
Article 8 (2) shall be applied. 
2. The competent authority shall arrange to take 
adequate samples to ensure the availability of data for a 
thorough epizootiological investigation. 
3. The competent authority may apply the measures 
provided for in paragraph 1 to other holdings where 
animals may have become infected as a result of their 
location and direct or indirect contact with the infected 
holding. 
4. The repopulation of the holding shall be authorized 
by the competent authority, following the satisfactory 
inspection by the official veterinarian of the cleaning and 
disinfection operation carried out, subject to the 
provisions of Article 11. 
Article 6 
Where it is considered that animals in the wild may be 
infected, appropriate action shall be carried out, in 
accordance with the provisions of Articles 4 and 5. Article 7 
1. In the case of holdings which consist of two or 
more separate production units, the competent authority 
may derogate from the requirements of Article 5 (1) (a) 
and (b) as regards healthy production units of a holding 
which is infected, provided that the official veterinarian 
has confirmed that the structure and size of these units 
and the operations carried out are such that they are 
completely separate as regards housing, keeping and 
feeding, to prevent the spread of the agent of the disease 
from one to another. 
2. "Where recourse is had to paragraph 1, the rules 
laid down in Commission Decision 88/397/EEC (') shall 
apply mutatis mutandis. 
3. In accordance with the procedure laid down in 
Article 17, the Decision mentioned in paragraph 2 may 
be amended for the disease in question in order to take 
account of the specific nature of the disease. 
Article 8 
1. The epizootiological enquiry shall deal with: 
(a) the length of time during which the disease may have 
existed on the holding before being notified or 
suspected; 
(b) the possible origin of the disease on the holding and 
the identification of other holdings on which there 
are animals of susceptible species which may have 
become infected or contaminated; 
(c) the movement of persons, vehicles and substances 
likely to have carried the agent of the disease to or 
from the holdings in question; 
(d) the presence and distribution of disease vectors as 
appropriate. 
2. In order to provide full coordination of all 
measures necessary to ensure eradication of the disease 
as quickly as possible and for the purpose of carrying out 
the epizootiological enquiry, a crisis unit shall be estab­
lished. 
The general rules concerning national crisis units and the 
Community crisis unit fixed by Council Regulation 
(EEC) No. . ./91 shall apply. 
(*) OJ No L 189, 20. 7. 1988, p. 25. 
7. 6. 91 Official Journal of the European Communities No C 148/15 
Article 9 
1. Where the official veterinarian finds, or considers 
on the basis of confirmed data, that disease could have 
been introduced from other holdings on to the holding 
referred to in Article 4 or from the latter holding on to 
other holdings as a result of the movement of persons, 
animals or vehicles or in any other way, those other 
holdings shall be placed under official surveillance in 
accordance with Article 4 and this surveillance shall not 
be lifted until the suspected presence of disease on the 
holding has been officially ruled out. 
2. Where the official veterinarian finds, or considers 
on the basis of confirmed data, that disease could have 
been introduced from other holdings on to the holding 
referred to in Article 5 or from the latter holding on to 
other holdings as a result of the movement of persons, 
animals or vehicles or in any other way, those other 
holdings shall be placed under official surveillance in 
accordance with Article 4, and this surveillance shall not 
be lifted until the suspected presence of disease on the 
holding has been officially ruled out. 
3. When a holding has been subject to the provisions 
of paragraph 2 the competent authority shall maintain 
the provisions of Article 4 on the holding for a period of 
at least one incubation period following the likely time 
of introduction of infection as established by the 
epizootiological enquiry carried out in accordance with 
Article 8. 
4. Where it considers that conditions permit, the 
competent authority may limit the measures provided for 
in paragraphs 1 and 2 to a part of the holding and the 
animals contained therein provided that the holding can 
satisfy the conditions of Article 7, or to animals of 
susceptible species only. 
Article 10 
1. Immediately the diagnosis has been officially 
confirmed, a protection zone and a surveillance zone 
shall be established. The establishment of zones must 
take account of natural boundaries and facilities for 
control. 
2. The protection and surveillance zones shall have 
the following minimum radii, centred on the infected 
holding(s): 
(a) where the disease is Rinderpest or Peste des Petits 
Ruminants — 10 kilometres and 25 kilometres 
respectively; 
(b) where the disease is Swine Vesicular Disease, Sheep 
and Goat Pox, Lumpy Skin Disease or Teschen 
Disease — 3 kilometres and 10 kilometres 
respectively; 
(c) where the disease is Vesicular Stomatitis, Bluetongue 
or Rift Valley Fever — 50 kilometres and 100 
kilometres respectively. 
3. In the case that such a zone or zones include parts 
of the territory of several Member States, the competent 
authorities of the Member States concerned shall colla­
borate to establish the zones as mentioned in paragraph 
1. 4. The size of the zones mentioned in paragraph 2 
will be reviewed immediately by the Commission, if 
necessary on the basis of a visit. A decision may be made 
in accordance with the procedure laid down in Article 17 
to amend the areas, taking into account: 
— the geographical situation, 
— the meteorological conditions, 
— the presence and distribution of vector species, 
— the results of the epizootiological studies carried out 
in accordance with Article 8, 
— all available serological evidence, 
— actual control measures introduced, in particular 
whether or not slaughter is carried out on the spot. 
5. The following measures shall be applied in the 
protection zones: 
(a) a census of all the holdings having animals of 
susceptible species shall be undertaken; those 
holdings considered to be at greatest risk shall be 
visited as soon as possible; 
(b) the movement and transport of animals of susceptible 
species on public or private roads, excluding the 
service roads of holdings, shall be prohibited; 
(c) animals of susceptible species may not be removed 
from the holding in which they are kept, except to 
be transported directly under official supervision to a 
slaughterhouse for emergency slaughter located in 
that zone or, if that zone has no slaughterhouse 
under veterinary supervision, to a slaughterhouse in 
the surveillance zone designated by the competent 
authority. 
Such transport may be authorized by the competent 
authority only after the official veterinarian has 
carried out an examination of all the susceptible 
animals on the holding and confirmed that none of 
the animals is suspected of being infected. The 
competent authority responsible for the slaught­
erhouse shall be informed of the intention to send 
animals to it. 
6. The duration of the measures mentioned in 
paragraph 5 shall continue for at least one incubation 
period after the elimination of animals from the infected 
holding as laid down in Article 5 and the carrying out of 
cleaning and disinfection measures as laid down in 
Article 11. However, when the disease is transmitted by 
an insect vector, the duration of the measures and the 
possible need for sentinel animals shall be determined by 
the Standing Veterinary Committee, acting in 
accordance with the procedure laid down in Article 17. 
On expiry of this period, the rules applied to the 
surveillance zone shall also apply to the protection zone. 
No C 148/16 Official Journal of the European Communities 7. 6. 91 
7. The following measures shall be applied in the 
surveillance zone: 
(a) a census shall be taken of all holdings having animals 
of susceptible species; 
(b) the movement of animals of susceptible species on 
public roads shall be prohibited except for the 
purpose of leading them to pasture or animal 
buildings; 
(c) the transport of animals of susceptible species within 
the surveillance zone shall be subject to the authori­
zation of the competent authority; 
(d) animals of susceptible species may not be removed 
from the surveillance zone during a period consisting 
of at least one incubation period after the most 
recent outbreak. Thereafter, animals may be 
removed from the said zone to be transported under 
official supervision directly to a slaughterhouse for 
emergency slaughter. Such transport may be auth­
orized by the competent authority only after the 
official veterinarian has carried out an examination 
of all the susceptible animals on the holding and 
confirmed that none of the animals is suspected of 
being infected. The competent authority responsible 
for the slaughterhouse shall be informed of the 
intention to send animals to it. 
8. The measures in the surveillance zone shall be kept 
in force for at least one incubation period after the elimi­
nation of all the animals from the infected holding 
referred to in Article 5 and the carrying out on that 
holding of cleaning and disinfection operations in 
accordance with Article 11. However, when the disease 
is transmitted by an insect vector, the duration of the 
measures and the possible need for sentinel animals shall 
be determined by the Standing Veterinary Committee, 
acting in accordance with the procedure laid down in 
Article 17. 
9. (a) Where, in a given region, an epizootic is excep­
tionally serious and is tending to spread, a 
demarcated territorial area including at least all 
the protection zones and surveillance zones in 
that area shall be declared a 'high health risk 
area'. 
(b) The size of the area mentioned in paragraph 1 
may be immediately reviewed, if necessary on the 
basis of a visit by the Commission. A decision may 
be made in accordance with the procedure laid 
down in Article 17 to amend the areas. 
(c) The Member States shall apply all measures taken 
in the protection zones to the high health risk 
area. 
(d) If the exceptionally serious situation continues, all 
the measures to be taken by the Member States 
concerned shall be the subject of a decision in 
accordance with the procedure laid down in 
Article 17. (e) The boundaries of the high health risk area may 
be revised with a progressive elimination of 
protection zones. The measures laid down in (c) 
and (d) shall be discontinued after the elimination 
of the last protection zone in the high health risk 
area. 
10. The competent authority shall take all necessary 
measures, including the use of prominent signposts and 
warning notices and use of media resources such as the 
press and television to ensure that all persons in the 
protection and surveillance areas are fully aware of the 
restrictions in force, and shall take such measures as may 
be considered appropriate to ensure the adequate 
enforcement of these measures. 
Article 11 
1. The disinfectants and insecticides, where appro­
priate, to be used and their concentrations shall be those 
approved by the competent authority. 
2. The cleaning, disinfection and disinsectisization 
operations shall be carried out in a manner such as to 
eliminate the risk of spread or survival of the agent of 
the disease. 
3. After the completion of this operation, the 
competent authority shall ensure that the measures have 
been properly carried out and that an appropriate period, 
which shall be not less than 21 days, has elapsed to 
ensure the complete elimination of the agent. 
Article 12 
1. Laboratory testing to detect the presence of disease 
shall be carried out by the national laboratories 
designated in accordance with paragraph 5. This 
laboratory testing should, if necessary and especially on 
the first appearance of the disease, show, where appro­
priate, the type, sub-type or the variant of the relevant 
virus, which may be confirmed, if necessary, by a 
reference laboratory designated by the Community. 
2. One of the national laboratories indicated in 
paragraph 1 shall be responsible for coordinating 
standards and methods of diagnosis in each Member 
State. 
3. The national laboratories referred to in paragraph 1 
shall liaise with the Community reference laboratories 
mentioned in Annex II. The powers and duties of the 
Community reference laboratories shall be laid down, in 
so far as they are not already covered by Article 28 of 
Council Decision 90/424/EEC (l), in accordance with 
the procedure laid down in Article 17. 
4. Methods of diagnosis for each of the diseases 
mentioned in Annex I shall be established in accordance 
with the procedure laid down in Article 17. 
0) OJ No L 224, 18. 8. 1990, p. 19. 
7. 6. 91 Official Journal of the European Communities NoC 148/17 
5. Member States shall notify the Commission and 
other Member States of the laboratories designated to 
carry out diagnostic tests in accordance with Articles 4 
and 5. 
Article 13 
1. Vaccination against the diseases mentioned in 
Annex I is prohibited. However, it may be decided in 
accordance with the procedure laid down in Article 17, 
when the epizootic threatens to become extensive, that 
vaccination may be introduced. In this case the measures 
shall include: 
— the extent of the geographical area in which the 
vaccination is to be carried out, 
— the species and the age of the animals to be 
vaccinated, 
— the duration of the vaccination campaign, and 
— other matters appropriate to the emergency situation. 
2. In the case referred to in paragraph 1: 
(a) the vaccination or re-vaccination of animals of 
susceptible species on the holdings referred to in 
Article 4 is prohibited; 
(b) hyperimmune serum injection is prohibited; 
(c) the type of vaccine and its method of use shall be 
determined in accordance with the procedure laid 
down in Article 17; 
(d) the Commission, if necessary, may designate 
Community vaccine reference laboratories for the 
disease in question. The powers and duties of the 
Community reference laboratories shall be laid 
down, in so far as they are not already covered by 
Article 28 of Decision 90/424/EEC, in accordance 
with the procedure laid down in Article 17. 
3. In the event of recourse to vaccination, the 
following rules shall apply: 
(a) all vaccinated animals must be identified by an 
approved method; 
(b) while the vaccination zone is enforced all vaccinated 
animals must remain within the zone unless sent to a 
slaughterhouse designated by the competent 
authority for immediate slaughter, in which case the 
movement of animals may only be authorized after 
the official veterinarian has carried out an exam­
ination of all the susceptible animals on the holding 
and confirmed that none of the animals is suspected 
of being infected. 
4. Movements of animals of susceptible species from 
the vaccination zone may, after an appropriate period 
after finishing the vaccination, be permitted in 
accordance with the procedure laid down in Article 17. 5. Member States shall inform the Commission of the 
progress of the vaccination measures on a regular basis. 
A decision may be taken, in accordance with the 
procedure laid down in Article 17, to modify, extend or 
terminate the measures. 
Article 14 
1. Each Member State shall draw up a contingency 
plan, specifying how it will implement, in the event of an 
outbreak of one of the diseases mentioned in Annex I, or 
other epizootic diseases as sppropriate, the measures laid 
down in this Regulation. 
This plan should allow access to facilities, equipment, 
personnel and all other appropriate materials necessary 
for the rapid and efficient eradication of the outbreak. 
2. The criteria to be applied for drawing up those 
plans shall be those laid down in Commission Decision 
91/42/EEC (') which shall apply mutatis mutandis. 
The Commission may, in accordance with the procedure 
laid down in Article 17, amend or supplement those 
criteria taking into account the specific nature of the 
disease. 
3. Plans drawn up in accordance with the criteria 
provided for in paragraph 2 shall be submitted to the 
Commission not later than three months after this Regu­
lation enters into force. 
4. The Commission shall examine the plans in order 
to determine whether they permit the desired objective to 
be attained and shall suggest to the Member State 
concerned any amendments required, in particular to 
ensure that they are compatible with those of the other 
Member States. 
The Commission shall approve the plans, if necessary 
amended, in accordance with the procedure laid down in 
Article 17. 
The plans may subsequently be amended or 
supplemented, in accordance with the same procedure, 
to take into account developments in the situation. 
Article 15 
In accordance with the procedure of Article 17 the 
Commission may amend the Annexes to this Regulation 
to take account of technical developments and of the 
emergence of new disease problems. 
In such an event, by the same procedure, the 
Commission shall amend Article 10 in respect of the size 
of the protection and surveillance zone, applied to the 
' disease in question. 
Article 16 
The Commission shall be assisted by the Standing 
Veterinary Committee set up by Council Decision 
68/361/EEC (2), hereinafter referred to as 'the 
Committee'. 
O OJ No L 23, 29. 1. 1991, p. 29. 
O OJ No L 255, 18. 10. 1968, p. 23. 
NoC 148/18 Official Journal of the European Communities 7. 6. 91 
Article 17 
Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply: 
The representative of the Commission shall submit to the 
Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the matter, if necessary by taking a 
vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to ask 
to have its position recorded in the minutes. 
ANNEX I 
LIST OF COMPULSORY NOTIFIABLE DISEASES 
Disease 
Rinderpest 
Peste des Petits Ruminants 
Swine Vesicular Disease 
Bluetongue 
Sheep and Goat Pox (Capripox) 
Vesicular Stomatitis 
Teschen Disease 
Lumpy Skin Disease 
Rift Valley Fever Incubation period 
21 days 
21 days 
28 days 
40 days 
21 days 
21 days 
40 days 
28 days 
30 days 
ANNEX II 
LIST OF COMMUNITY REFERENCE LABORATORIES FOR DIAGNOSTIC METHODS 
For virus diseases transmitted by arthropodes: 
— Aristotelian University, 
Faculty of Veterinary Medicine, 
GR-54006 Thessaloniki. The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform the 
Committee of the manner in which its opinion has been 
taken into account. 
Article 18 
This Regulation shall enter into force on the 30th day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.