2007/584/EC: Commission Decision of 21 August 2007 amending Decision 2004/558/EC implementing Council Directive 64/432/EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication programmes presented by certain Member States (notified under document number C(2007) 3905) (Text with EEA relevance )
Date: 2007-08-21
Institutions: European Commission
Subjects: animal disease, cattle, health control, health legislation, intra-EU trade

24.8.2007

EN

Official Journal of the European Union

L 219/37

COMMISSION DECISION

of 21 August 2007

amending Decision 2004/558/EC implementing Council Directive 64/432/EEC as regards additional
to infectious bovine
in bovine
guarantees
rhinotracheitis and the approval of the eradication programmes presented by certain Member States

intra-Community trade

relating

animals

for

(notified under document number C(2007) 3905)

(Text with EEA relevance)

(2007/584/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 64/432/EEC of 26 June
1964 on animal health problems affecting intra-Community
trade in bovine animals and swine (1), and in particular
Articles 9(2) and 10(2) thereof,

Whereas:

(1)

(2)

(3)

a

that a
Article 9 of Directive 64/432/EEC provides
Member State, which has
compulsory national
control programme for one of the contagious diseases
listed in Annex E(II) to that Directive, may submit its
programme to the Commission for approval. That
Article also provides for the definition of the additional
guarantees which may be required in intra-Community
trade.

In addition, Article 10 of Directive 64/432/EEC provides
that where a Member State considers that its territory or
part thereof is free from one of the diseases listed in
Annex E(II) to that Directive, it is to present appropriate
supporting documentation to the Commission. That
Article also provides for the definition of the additional
guarantees which may be required in intra-Community
trade.

for

intra-Community trade

Commission Decision 2004/558/EC of 15 July 2004
implementing Council Directive 64/432/EEC as regards
additional guarantees
in
bovine animals relating to infectious bovine rhinotra-
cheitis and the approval of the eradication programmes
presented by certain Member States (2) approves the
programmes
the
infection with the bovine herpesvirus type 1 (‘BHV1’)
presented by the Member States listed in Annex I to
that Decision for the regions listed in that Annex, and
for which additional guarantees for BHV1 apply in
accordance with Article 9 of Directive 64/432/EEC.

the control and eradication of

for

(1) OJ 121, 29.7.1964, p. 1977. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2) OJ L 249, 23.7.2004, p. 20.

(5)

(6)

(7)

(8)

In addition, Annex II to Decision 2004/558/EC lists the
regions of the Member States that are considered free of
BHV1 infection and for which additional guarantees
apply in accordance with Article 10 of Directive
64/432/EEC. Annex
to Decision 2004/558/EC
defines BHV1-free holdings.

III

At present, all regions of Germany are listed in Annex I
to Decision 2004/558/EC. Germany has now submitted
documentation in support of its application to declare a
part of its territory free of BHV1 infection and provided
rules for
the national movement of bovine animals
within and into this part of its territory. Accordingly,
Germany has requested the application of the additional
guaranties,
in accordance with Article 10 of Directive
64/432/EEC, for the administrative units of Regierungs-
bezirke Oberpfalz and Oberfranken in the federal state of
Bavaria.

it

is appropriate that

Following the evaluation of the application submitted by
those two BHV1-free
Germany,
administrative units in Germany be listed in Annex II
to Decision 2004/558/EC and to extend the application
of
the additional guaranties established in accordance
with Article 10 of Directive 64/432/EEC to them.
Annexes
to Decision 2004/558/EC should
therefore be amended accordingly.

I and II

submitted the programmes

Italy has
for eradicating
BHV1 infection in the Autonomous Region of Friuli
Venezia Giulia and in the Autonomous Province of
Trento. Those programmes comply with the criteria set
in Article 9(1) of Directive 64/432/EEC. Those
out
programmes also provide for
the national
movement of bovine animals within and into those
regions which are equivalent to those previously imple-
mented in the Province of Bolzano in Italy, which were
successful in eradicating the disease in that Province.

rules for

The programmes presented by Italy for
those two
Regions, and the additional guarantees presented in
accordance with Article 9 of Directive 64/432/EEC,
should be approved. Annex I to Decision 2004/558/EC
should therefore be amended accordingly.

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Official Journal of the European Union

24.8.2007

(9)

The European Food Safety Authority has delivered an
opinion on the ‘Definition of a BoHV-1-free animal
and a BoHV-1-free holding, and the procedures
to
verify and maintain this status’ (1). It is appropriate to
that
take into account certain recommendations of
opinion. Annex III
to Decision 2004/558/EC should
therefore be amended accordingly.

(10)

In the interests of clarity of Community legislation,
Annexes I, II and III to Decision 2004/558/EC should
be replaced by the text in the Annex to this Decision.

HAS ADOPTED THIS DECISION:

Article 1

Annexes I, II and III to Decision 2004/558/EC are replaced by
the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 August 2007.

(11)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) http://www.efsa.europa.eu/en/science/ahaw/ahaw_opinions/

1348.html

24.8.2007

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Official Journal of the European Union

L 219/39

ANNEX

‘ANNEX I

Member States

Regions of Member States to which the additional guarantees for infectious bovine rhinotracheitis apply in
accordance with Article 9 of Directive 64/432/EEC

Germany

Italy

All regions, except Regierungsbezirke Oberpfalz and Oberfranken in the federal state of
Bavaria

The Autonomous Region of Friuli Venezia Giulia
The Autonomous Province of Trento

ANNEX II

Member States

Regions of Member States to which the additional guarantees for infectious bovine rhinotracheitis apply in
accordance with Article 10 of Directive 64/432/EEC

Denmark

Germany

Italy

Austria

Finland

Sweden

All regions

Regierungsbezirke Oberpfalz and Oberfranken in the federal state of Bavaria

Province of Bolzano

All regions

All regions

All regions

ANNEX III

BHV1-free holding

1.

A holding keeping bovine animals shall be considered free of BHV1 infection if it complies with the conditions set
out in this Annex.

1.1. No suspicion of BHV1 infection has been recorded for the holding during the previous six months and all bovine

animals on the holding are free from clinical symptoms indicative of BHV1 infection.

The holding and any non-adjacent pastures or premises, independently of ownership, that form part of the holding
as an epidemiological entity, must be effectively separated from any pasture or premises of lesser BHV1-status,
either by natural or physical barriers that effectively prevent direct contact between animals of different health
status.

1.2. Only bovine animals from holdings situated in Member States or regions thereof listed in Annex II or from BHV1-
free holdings have been introduced and none of the bovine animals on the holding have been in contact with
bovine animals other than those coming from holdings situated in Member States or regions thereof listed in
Annex II or from BHV1-free holdings.

1.3.

Female bovine animals are only inseminated with bovine semen produced in accordance with Directive
88/407/EEC, or have been serviced by bulls from holdings situated in Member States or regions thereof listed
in Annex II to this Decision or from BHV1-free holdings.

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1.4. At least one of the following control regimes is applied on the holding:

1.4.1. a serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at
least two samples of blood, taken with an interval of five to seven months from all female bovine animals older
than nine months of age, and from all male bovine animals older than nine months of age which are used or
intended for breeding purposes;

1.4.2. a serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at

least:

— two samples of milk taken with an interval of five to seven months from all lactating female bovine animals,

either individually or in a pool of milk samples taken from not more than five animals; and

— two samples of blood, taken with an interval of five to seven months from all non-lactating female bovine
animals older than nine months of age, and from all male bovine animals older than nine months of age which
are used or intended for breeding purposes;

1.4.3.

in the case of dairy farms on which at least 30 % of the bovine animals are lactating female bovine animals, a
serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at
least:

— three milk samples collected with an interval of at least three months from a bulk of milk of not more than 50

lactating female bovine animals, depending on the specification of the test employed; and

— one individual sample of blood, taken from all non-lactating female bovine animals older than nine months of
age, and from all male bovine animals older than nine months of age which are used or intended for breeding
purposes;

1.4.4. all bovine animals on the holding originate either from holdings situated in Member States or regions thereof listed

in Annex II or from BHV1- free holdings.

2.

The BHV1-free status of a holding keeping bovine animals shall be retained if:

2.1.

the conditions in points 1.1 to 1.4 continue to apply, and

2.2.

at least one of the following control regimes is applied on the holding within a 12-month period:

2.2.1. a serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at

least one individual sample of blood taken from all bovine animals older than 24 months of age;

2.2.2. a serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at

least:

— one individual sample of milk taken from all lactating female bovine animals, either individually or in a pool of

milk samples taken from not more than five animals; and

— one individual sample of blood taken from all non-lactating female bovine animals older than 24 months of

age, and from all male bovine animals older than 24 months of age;

2.2.3.

in the case of dairy farms on which at least 30 % of the bovine animals are lactating female bovine animals, a
serological investigation for antibodies against BHV1 has been carried out with negative results in each case on at
least:

— two milk samples collected with an interval of three to 12 months from a bulk of milk of not more than 50

lactating female bovine animals, depending on the specification of the test employed; and

— one individual sample of blood, taken from all non-lactating female bovine animals older than 24 months of

age, and from all male bovine animals older than 24 months of age.

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Official Journal of the European Union

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The BHV1-free status of a holding keeping bovine animals shall be suspended where during the investigations
referred to in points 2.2.1 to 2.2.3. an animal has reacted with positive results in a test for antibodies against
BHV1.

The BHV1-free status of a holding which was suspended in accordance with point 3, shall only be restored after a
serological investigation for antibodies against BHV1, commencing not earlier than 30 days after the removal of
the seropositive animals, has been carried out with negative result in each case on at least:

— two samples of milk taken with an interval of at least two months from all lactating female bovine animals,

either individually or in a pool of milk samples taken from not more than five animals; and

— two samples of blood, taken with an interval of at least three months from all non-lactating female bovine

animals, and from all male bovine animals.

3.

4.

Note:

(a) Where reference is made in this Annex to a serological test for the detection of antibodies against BHV1, the principles laid down in

Article 2(1)(c) relating to the vaccination status of the tested animals shall apply.

(b) The size of the pool of milk samples referred to in this Annex, may be modulated based on documented evidence that the test is under
all circumstances of day to day laboratory work sensitive enough to detect a single weak positive reaction in the pool of the modulated
size.’