2001/394/EC: Commission Decision of 21 May 2001 amending for the third time Decision 2001/327/EC concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease (Text with EEA relevance) (notified under document number C(2001) 1479)
Date: 2001-05-21
Institutions: European Commission
Subjects: export restriction, foot-and-mouth disease, health legislation, intra-EU trade, transport of animals, veterinary inspection

L 138/36

EN

Official Journal of the European Communities

22.5.2001

COMMISSION DECISION

of 21 May 2001

amending for the third time Decision 2001/327/EC concerning restrictions to the movement of
animals of susceptible species with regard to foot-and-mouth disease

(notified under document number C(2001) 1479)

(Text with EEA relevance)

(2001/394/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

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,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The foot-and-mouth disease situation in certain parts of
the Community is liable to endanger the herds in other
parts of the Community in view of the placing on the
market and trade in live biungulate animals.

in

Commission Decision

All Member States have implemented the restrictions to
the movement of animals of susceptible species laid
down
2001/327/EC (3)
concerning restrictions to the movement of animals of
susceptible
species with regard to foot-and-mouth
disease and repealing Commission Decision 2001/
263/EC, as last amended by Decision 2001/378/EC (4).

investigations carried out

In the light of the disease evolution and the findings of
the epidemiological
in the
affected Member States in close co-operation with the
other Member States, it appears appropriate to further
the movement of animals through staging
prohibit
points and to maintain for an additional period of time
certain restrictions to the movement of susceptible
animals within the Community.

However it is also possible to further ease certain restric-
tions established under Decision 2001/327/EC.

The situation shall be reviewed at the meeting of the
Standing Veterinary Committee scheduled for 29 May
2001 and the measures adapted where necessary.

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

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 115, 25.4.2001, p. 12.
(4) OJ L 132, 15.5.2001, p. 31.

Article 1

Article 2 of Decision 2001/327/EC is
following:

replaced by the

‘Article 2

Member States other than the United Kingdom shall ensure
that:

1. Transport of animals of species susceptible to foot-and-

mouth disease is prohibited.

Without prejudice to Council Directives 64/432/EEC,
91/68/EEC and 92/65/EEC, this prohibition shall not
apply to movements of animals of species susceptible to
foot-and-mouth disease from the holding of dispatch

— directly or through an assembly centre to a slaugh-

terhouse for immediate slaughter;

In the case of intra-Community trade, the assembly
centre must be approved.

or

— in the case of animals of susceptible species other
than bovine and porcine animals, directly or through
one single assembly centre to other holdings within
the region or to a maximum of 10 holdings of
destination situated outside the region;

In the case of movement outside the region but
within the Member State of dispatch through an
assembly centre, the movement is subject to author-
isation by the competent authorities of the place of
departure.

In the case of intra-Community trade, the assembly
centre must be approved. The transport whether
direct or through an assembly centre is subject to
authorisation by the competent authorities of the
place of departure and notification to the central
veterinary authorities of the Member State of desti-
nation.

or

— in the case of bovine and porcine animals, directly
or through assembly centres to other holdings;

22.5.2001

EN

Official Journal of the European Communities

L 138/37

In the case of intra-Community trade in bovine or
porcine animals dispatched from a region in a
Member State in which restrictions in accordance
with Article 9 of Directive 85/511/EEC have been
applied during the 3 months prior to certification,
to authorisation by the
the transport
competent authorities of the place of departure and
notification to the central veterinary authorities of
the Member State of destination.
or

is subject

— for transhumance to designated pastures;

In the case of susceptible animals other than bovine
and porcine animals, such movement is subject to
authorisation by the competent authorities of the
place of departure.

2. The movement of animals authorised in accordance
with the derogations in paragraph 1 shall take place
under the condition that:
(a) in the case animals of susceptible species other than
bovine and porcine animals destined for
intra-
Community trade, during transport such animals do
not come into contact with animals not of the same
holding of dispatch, unless such animals
— either are consigned for slaughter, or
— originate in and come from holdings situated in
a region of a Member State in which no restric-
tions in accordance with Article 9 of Directive
85/511/EEC have been in place on the date of
dispatch and during at least 20 days of the resi-
dence period where required in paragraph 3.

(b) vehicles which have been used for the transport of
live animals of species susceptible to foot-and-
mouth disease are cleaned and disinfected after each
operation, and shall furnish proof of such disinfec-
tion, and

(c) transports to other Member States of animals of
susceptible species shall only be allowed following
24 hours advance notification dispatched by the
local veterinary authority at the place of departure
to the local veterinary authorities in the Member
State of destination and where required in paragraph
1 to the central veterinary services of the Member
State of destination.
In the case of animals of
susceptible species other than bovine and porcine
animals, the local veterinary authority at the place of

departure shall notify the transport to the central
veterinary authorities in the Member State of transit.

3. Where required by this Decision, the competent authori-
ties at the place of departure authorise the movement of
animals of susceptible species only under one of the
following conditions:

intra-Community trade

— in the case of animals of susceptible species other
than bovine and porcine animals, animals are
destined for
and have
remained on the holding of dispatch for at least 30
days prior to authorisation, or since birth in the
holding of origin where the animals are less than 30
days old, and no animal of susceptible species was
introduced into that holding during this period,
— in the case of animals of susceptible species other
than bovine and porcine animals, animals are
destined for movement within the Member State but
outside the region of dispatch and have remained on
the holding of dispatch for at least 20 days prior to
authorisation, or since birth in the holding of origin
where the animals are less than 20 days old, and no
animal of susceptible species was introduced into
that holding during this period,

— animals are destined for movement within a region

of a Member State,

— animals are transported directly or

through an
assembly centre to a slaughterhouse for immediate
slaughter.

4. Without prejudice to Article 3(aa) second indent of
Council Directive 91/628/EEC, Member States shall
ensure that animals of species susceptible to foot-and-
mouth disease are not moved through staging points
established and approved in accordance with Council
Regulation (EC) No 1255/97.’

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 21 May 2001.

For the Commission

David BYRNE

Member of the Commission