2001/303/EC: Commission Decision of 11 April 2001 laying down the conditions for the control and eradication of foot-and-mouth disease in endangered species in application of Article 13 of Directive 85/511/EEC (Text with EEA relevance) (notified under document number C(2001) 1107)
Date: 2001-04-11
Institutions: European Commission
Subjects: foot-and-mouth disease, health control, health legislation, vaccination, zoo

13.4.2001

EN

Official Journal of the European Communities

L 104/3

COMMISSION DECISION

of 11 April 2001

laying down the conditions for the control and eradication of foot-and-mouth disease in endan-
gered species in application of Article 13 of Directive 85/511/EEC

(notified under document number C(2001) 1107)

(Text with EEA relevance)

(2001/303/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 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)

(2)

(3)

(4)

In Article 13 (3) of Council Directive 85/511/EEC provi-
sions are made for emergency vaccination.

The principles provided for in this Article require to
balance the decision on resorting to vaccination against
basic Community interests which must not be endan-
gered.

Following the reports of outbreaks of foot-and-mouth
disease in the United Kingdom, France, the Netherlands
and Ireland, the Commission adopted Decisions 2001/
172/EC (4), 2001/208/EC (5), 2001/223/EC (6) and 2001/
234/EC (7) concerning certain protection measures with
regard to foot-and-mouth disease in the respective
Member State.

Commission Decision 2001/246/EC (8) of 27 March
2001 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 has
also been adopted enabling the Netherlands to apply as a
precautionary measure
the pre-emptive vaccination
before killing of susceptible animals in holdings situated
in close proximity to infected or suspect holdings, taking
into account the epidemiological situation and the high

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 315, 26.11.1985, p. 11.
(4) OJ L 62, 2.3.2001, p. 22.
(5) OJ L 73, 15.3.2001, p. 38.
(6) OJ L 82, 22.3.2001, p. 29.
(7) OJ L 84, 23.3.2001, p. 62.
(8) OJ L 88, 28.3.2001, p. 21.

(5)

(6)

(7)

(8)

(9)

(10)

density of susceptible animals in certain parts of the
territory.

The killing of endangered species susceptible to foot and
mouth disease will be an undesirable loss of genetic
material and may even result in the eradication of a
species therefore such a valuable part of our global
heritage should be protected as far as possible.

Zoological gardens or other well defined approved or
registered premises with endangered species at risk must
implement good husbandry practice, including all neces-
sary precautions to avoid the possible introduction of
foot and mouth virus in their premises.

In accordance with Article 13(3) of Directive 85/
511/EEC, where the competent authorities of a Member
State believe that the disease may compromise endan-
gered species, or other animals such as extremely rare
breeds or animals used for irreplaceable and important
research work which may also be included on a case by
case basis, it is appropriate to provide that the technical
modalities for their emergency vaccination shall be spec-
ified under a programme that the Member state may
present to the Commission as an additional instrument
to protect such animals of susceptible species.

Detailed measures for the use of vaccination, identifica-
tion, and subsequent control of these animals, must be
included in the programme to be submitted.

In its report of 10 March 1999 the Scientific Committee
on Animal Health and Animal Welfare made recommen-
dations on the strategy for emergency vaccination
against foot-and-mouth disease, which must be taken
into account (9).

Recourse to any kind of vaccination, even though
limited to special categories of animals not primarily
concerned by trade, may contribute to 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.

(11)

The Commission prior to taking a Decision on emer-
gency 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.

(9) http://europa.eu.int/comm/food/fs/sc/scah/outcome_en.html.

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Official Journal of the European Communities

13.4.2001

(12)

(13)

It will be necessary to review the present requirements,
and the risks for trade in vaccinated zoo animals in the
Scientific Committee and with the ‘Office International
des Epizooties’.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of
this Decision the following definition
applies: ‘Endangered species’ means those animals listed in categories;
Extinct in the Wild, Critically Endangered, Endangered and Vulner-
able of the current IUCN-The World Conservation Union Red List of
Threatened Species.

Article 2

1. Member States shall ensure that zoological gardens, or
other well defined approved or registered premises with endan-
gered species which may be at risk from possible infection by
outbreaks of foot and mouth disease, implement good veter-
inary practice, and take all necessary precautions to avoid the
possible introduction of foot and mouth virus in their prem-
ises. Such measures shall include as necessary: no movements
onto the premises of susceptible species, housing of susceptible
species indoors, ensuring that purchased food and bedding is
not contaminated, closure of animal houses of the susceptible
species to the public, prevention of contact and feeding of
these animals by the public, ensuring staff do not have contact
with susceptible animals outside of the zoo and do not enter
foot and mouth protection and surveillance areas, prevention
of contact with susceptible animals outside of the zoo, insti-
tuting disinfection controls at the entrance gates and at the
accesses of each service area, and temporary closure of the zoo
or part of the zoo. These measures shall remain in place at least
until the Member States are sure that the risk of entry of
disease has returned to the normal situation.

2. Without prejudice to Council Directive 85/511/EEC, and
in particular Articles 4, 5 and 9 thereof, Member States may
decide on resorting to emergency vaccination of
species
susceptible to foot and mouth disease in zoological collections
of endangered species, which are deemed to be at risk within a
proximity of 25 kilometres from an outbreak of foot and
mouth disease, under the conditions set out in the Annex.

It may be decided on a case by case basis by the Member State
concerned to extend this vaccination to other animals such as
extremely rare breeds or animals used for irreplaceable and
important research work, which are deemed to be at equivalent
risk, under the same conditions as indicted above.

3.
Before commencing the measures referred to in para-
graph 2, the Member State shall present a programme with a
view to ensuring that other Member States and the Commis-
sion are officially informed on the details concerning in partic-
ular the exact address and location of the collection of animals
where the vaccination is to be carried out, including a compre-
hensive plan of the boundary, the animal enclosures and pens
including specific identification, the number of animals to be
vaccinated by species together with their individual identity and
location on the plan, the type of vaccine to be used and the
time when vaccination will be started and accomplished, and of
the circumstances motivating the decision to implement the
measures.

4. Member States must ensure that these animals shall not
be traded or moved between Member States and their animal
products shall not enter the human food chain.

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 11 April 2001.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

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2

3

4

5

6

Conditions for the use of emergency vaccination in the control and eradication of foot-and-mouth disease in
application of Article 13(3) of Directive 85/511/EEC

ANNEX

Extent of the geographical area in which vaccination is
to be carried out

Species and age of the animals to be vaccinated

The vaccination shall only take place when an outbreak of foot-and-mouth disease
has been confirmed within 25 km of a zoological collection containing endangered
species.

A plan of the premises shall be submitted with details of the enclosures and pens in
relation to the animals being vaccinated and details of the perimeter boundries and
fencing or other control measures. In addition a detailed plan of its geographical
location and the relationship of all animal holdings within a 3 kilometre radius
must also be submitted.

All animals in the collection of suceptible species independently of their sex, age
and gestation status. A list of all the animals to be vaccinated together with their
individual

identity shall be provided.

Duration of the vaccination campaign

Each campaign shall be completed within 48 hours.

Specific standstill of vaccinated animals and products
of vaccinated animals

identification and special registration of the

Special
vaccinated animals

The measures laid down in Article 4 of Directive 85/511/EEC shall apply to
premises on which the emergency vaccination is to be carried out until 30 days
after the last vaccination has been completed.

Vaccinated animals shall not be traded or moved between Member States but may
be moved under official supervision between zoological collections of the same
status in the same Member State.

Animal products from such animals shall not enter the food chain

Vaccinated animals must be individually identifiable and the identity records of
these animals must be clearly annotated accordingly. An indelible mark indicating
the animals have been vaccinated shall be applied at the time of vaccination
wherever possible.

6.1

Execution of the vaccination campaign

6.2

Vaccine to be used

Other matters appropriate to the emergency vaccination

Vaccination shall be carried out under the supervision of an official veterinarian of
the competent authorities. Necessary measures must be in place to avoid possible
spread of virus. Any residual quantities of vaccine shall be returned to the point of
vaccine distribution with a written record on number of animals vaccinated ant the
number of doses used.

Wherever possible blood samples shall be taken prior to and at least 30 days after
vaccination for serological testing for foot and mouth disease. A record of the test
results must be kept for at least 10 years.

The inactivated vaccine to be used shall be suitably formulated and be effective
against the virus type circulating. It shall be used in accordance with the instruc-
tions of the manufacturer and/or the veterinary authorities.

6.3

Information on implementation of this programme to
the Commission

A detailed report on the execution of the programme included results of testing
carried out shall be provided to the Commission and the Member States in the
framework of a Standing Veterinary Committee.