2001/408/EC: Commission Decision of 29 May 2001 amending for the seventh time Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands (Text with EEA relevance) (notified under document number C(2001) 1548)
Date: 2001-05-29
Institutions: European Commission
Subjects: Netherlands, export restriction, foot-and-mouth disease, live animal, meat product, milk product

L 144/32

EN

Official Journal of the European Communities

30.5.2001

COMMISSION DECISION

of 29 May 2001

amending for the seventh time Decision 2001/223/EC concerning certain protection measures with
regard to foot-and-mouth disease in the Netherlands

(notified under document number C(2001) 1548)

(Text with EEA relevance)

(2001/408/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 89/662/EEC of 11
December 1989 concerning veterinary checks
in intra-
Community trade with a view to the completion of the internal
market (3), as last amended by Directive 92/118/EEC, and in
particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

Following the reports of outbreaks of foot-and-mouth
disease in the Netherlands,
the Commission adopted
Decision 2001/223/EC concerning certain protection
measures with regard to foot-and-mouth disease in the
Netherlands (4), as last amended by Decision 2001/
389/EC (5).

The foot-and-mouth disease situation in certain parts of
the Netherlands is liable to endanger the herds in other
parts of the territory of the Netherlands and in other
Member States in view of the placing on the market and
trade in live biungulate animals and certain of their
products. However, the last case was reported on 21
April 2001.

In accordance with Article 9 of Council Directive 85/
511/EEC (6)
introducing Community measures for the
control of foot-and-mouth disease, as last amended by
the Act of Accession of Austria, Finland and Sweden, the
restrictions applied to the areas around the outbreaks in
Ee-Anjum and Oosterwolde have been lifted.

In the light of the disease evolution it appears therefore
appropriate to further adjust the regionalisation which
requires to adapt the provisions on slaughter of animals

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ L 82, 22.3.2001, p. 29.
(5) OJ L 137, 19.5.2001, p. 36.
(6) OJ L 315, 26.11.1985, p. 11.

from the areas listed in Annex I
in slaughterhouses
situated in these areas for local consumption and to
make provisions
susceptible
animals and their germinal products.

the movement of

for

(5)

(6)

(7)

(8)

(9)

(10)

Furthermore, it is appropriate to remove restrictions on
the movement of equidaes situated in the area listed in
Annex I.

Commission Decision 2001/327/EC (7), as last amended
by Decision 2001/394/EC (8), concerns restrictions on
the movement of animals of susceptible species with
regard to foot-and-mouth disease.

Commission Decision 2001/246/EC (9), as amended by
Decision 2001/279/EC (10), lays 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.

At the meeting of the Standing Veterinary Committee of
23 May 2001 the Netherlands reiterated in relation to
the proposed amendments of Decision 2001/223/EC
that:

— continuous controls will be carried out on traffic
crossing from the areas listed in Annex I to the areas
listed in Annex II and moreover to the rest of the
country in order
live
susceptible animals,

to prevent movement of

— meat destined for intra-Community trade and export
will be completely separated from meat bearing the
health mark provided for in Decision 2001/305/EC,
and will come from establishments where no meat
bearing the health mark provided for in Decision
2001/305/EC is present,

The situation shall be reviewed at the meeting of the
Standing Veterinary Committee scheduled for 5 and 6
June 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,

(7) OJ L 115, 25.4.2001, p. 12.
(8) OJ L 138, 22.5.2001, p. 36.
(9) OJ L 88, 28.3.2001, p. 21.
(10) OJ L 96, 6.4.2001, p. 19.

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Official Journal of the European Communities

L 144/33

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 2001/223/EC is amended as follows:

1. In Article 2(2)(e),

the first

indent

is replaced by the

following:

‘— the meat is derived from animals of susceptible species

originating in areas listed in Annex I,’

2. Article 12 is replaced by the following:

‘Article 12

1. Without prejudice to Council Directives 88/407/EEC,
and derogating from the provisions in Article 6(2), frozen
bovine semen collected after the date of 20 February 2001
the
may be subject
following conditions:

to intra-Community trade under

(a) The semen complies with one of the following require-

ments:

— The semen has been collected between 20 February
and 18 May 2001 from animals which have been
continuously resident during this period in a collec-
tion centre situated in the provinces of Noord-
Holland, Zuid-Holland, Zeeland, Noord-Brabant or
Limburg; and the following conditions are met:

— the collection centre is situated in an area where
there has been no outbreak of foot-and-mouth
disease within a radius of 30 km around the
centre for the past 12 months;

— no animal

in the centre has been vaccinated

against foot-and-mouth disease;

— all animals of susceptible species in the collec-
tion centre have undergone a clinical exam-
ination for
foot-and-mouth
disease carried out under the responsibility of
the official veterinarian with negative result in
each case.

the detection of

— The semen has been collected between 20 February
and 31 May 2001 from animals which have been
continuously resident during this period in a collec-
tion centre situated in the provinces of Drenthe,
Groningen, Friesland, Utrecht, Flevoland, Overijssel
or Gelderland and the following conditions are met:

— the collection centre has not been situated in a
zone established in accordance with Article 9 of
Directive 85/511/EEC;

— the collection centre has not been situated in a
vaccination zone established in application of
Decision 2001/246/EC, as amended by Decision
2001/279/EC;

— the collection centre is situated in an area where
there has been no outbreak of foot-and-mouth
disease within a radius of 30 km around the
centre for the past 12 months;

— no animal

in the centre has been vaccinated

against foot-and-mouth disease;

— all animals of susceptible species in the collec-
tion centre have undergone a clinical exam-
ination for
foot-and-mouth
disease carried out under the responsibility of
the official veterinarian with negative result in
each case;

the detection of

— all animals of susceptible species in the collec-
tion centre have undergone with negative result
in each case a serological test for the detection of
the foot-and-mouth disease
antibodies against
virus, carried out on samples taken under the
responsibility of the official veterinarian.

(b) Frozen semen in conformity with the provisions in
paragraph (a) shall be subject to the certification require-
ments in Article 6(4).

2. Without prejudice to Council Directive 89/556/EEC
and derogating from the provisions in Article 6(2) frozen
bovine embryos collected after the date of 20 February
2001 may be subject to intra-Community trade under the
following conditions:

(a) The embryos comply with one of the following require-

ments:

— The embryos have been collected between 20
February and 18 May 2001 from donor bovine
animals which have been continuously resident
during this period on holdings in the provinces of
Noord-Holland, Zuid-Holland, Zeeland, Noord-
Brabant or Limburg and the following conditions are
met:

— the holdings are situated in an area where there
has been no outbreak of foot-and-mouth disease
within a radius of 30 km around the holding for
the past 12 months;

— no animal on these holdings has been vaccinated

against foot-and-mouth disease;

— all animals of susceptible species on these hold-
ings have undergone a clinical examination for
the detection of foot-and-mouth disease carried
out under the responsibility of the official veteri-
narian with negative result in each case.

— The embryos were collected between 20 February
and 31 May 2001 from donor bovine animals
which have been continuously resident during this
period on holdings situated in the provinces of
Drenthe, Groningen, Friesland, Utrecht, Flevoland,
Overijssel or Gelderland and the following condi-
tions are met:

— the holdings have not been situated in a zone
established in accordance with Article 9 of
Directive 85/511/EEC;

— the holdings have not been situated in a vaccina-
tion zone established in application of Decision
2001/246/EC as amended by Decision 2001/
279/EC;

— the holdings are situated in an area where there
has been no outbreak of foot-and-mouth disease
within a radius of 30 km around the centre for
the past 12 months;

L 144/34

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Official Journal of the European Communities

30.5.2001

— no animal on any of the holdings where the
donor animal has been resident during the
period referred to in the second indent has been
vaccinated against foot-and-mouth disease;

— the donor bovine animal has undergone with
negative result a serological test for the detection
of antibodies against the foot-and-mouth disease
virus, carried out on samples taken under the
responsibility of the official veterinarian.

and Overijssel, and the protection and surveillance zone in
the provinces of Friesland and Groningen.’

are replaced by

‘The surveillance zone Oene-Kootwijkerbroek, including the
vaccination zone Noord-Veluwe, in the provinces of Gelder-
land, Utrecht and Overijssel.’

6. In Annex II the words

‘— The province of Drenthe;

(b) Frozen embryos in conformity with the provisions in
paragraph (a) shall be subject to the certification require-
ments in Article 6(5).’

3. Article 12a is replaced by the following:

‘Article 12a

The Netherlands shall ensure that dispatch to other
1.
Member States of
live animals susceptible to foot-and-
mouth disease is prohibited from the areas of its territory
not listed in Annex I or Annex II.

Derogating from the provisions in paragraph 1, the
2.
competent authorities of
the place of departure may
authorise the transport of live bovine and porcine animals
from one single holding situated in the provinces of Fries-
land, Groningen, Drenthe and Flevoland directly to a slaugh-
terhouse in another Member State for immediate slaughter,
subject to notification to the central veterinary authorities of
the place of destination and any Member State of transit.

Derogating from the provisions in paragraph 1, the
3.
competent authorities of
the place of departure may
authorise the transport to other Member States of animals
of the bovine and porcine species from the areas of the
Netherlands situated in the provinces of Noord-Holland,
Zuid-Holland, Zeeland, Noord-Brabant, Limburg, and in the
part of the province of Gelderland south of the river Rijn-
Waal-Merwede between the border with Germany and the
border with the province Zuid-Holland, and in the part of
the province of Utrecht situated west of highway A27,
subject to notification to the central veterinary authorities of
the place of destination and any Member State of transit.’

— The provinces of Friesland and Groningen, except the

areas of these provinces listed in Annex I;

— The provinces of Overijssel and Flevoland, except the

areas of these provinces listed in Annex I;

— The province of Utrecht east of

the highway A27,

except the areas of this province listed in Annex I;

— The areas in the province of Gelderland situated north
of
the river Rijn-Waal-Merwede between the border
with Germany and the border with the province Zuid-
Holland, except
this province listed in
Annex I.’

the areas of

are replaced by:

‘— The provinces of Overijssel, except the areas of this

province listed in Annex I;

— The province of Utrecht east of

the highway A27,

except the areas of this province listed in Annex I;

— The areas in the province of Gelderland situated north
of
the river Rijn-Waal-Merwede between the border
with Germany and the border with the province Zuid-
Holland, except
this province listed in
Annex I.’

the areas of

This Decision shall come into force on 29 May 2001.

Article 2

This Decision is addressed to the Member States.

Article 3

4. The date in Article 14 is replaced by ‘29 June 2001’.

Done at Brussels, 29 May 2001.

5. In Annex I the words

‘The protection and surveillance zone Oene-Oosterwolde-
including the vaccination zone Noord-
Kootwijkerbroek,
Veluwe, in the provinces of Gelderland, Flevoland, Utrecht

For the Commission

David BYRNE

Member of the Commission