Commission Regulation (EC) No 384/2008 of 29 April 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance)
Date: 2008-04-29
Institutions: European Commission
Subjects: EU control, animal disease, breeding animal, derogation from EU law, sheep, trade restriction, transport of animals

30.4.2008

EN

Official Journal of the European Union

L 116/3

COMMISSION REGULATION (EC) No 384/2008

of 29 April 2008

amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals
from the exit ban provided for in Council Directive 2000/75/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

should, however, be reviewed in the near future in the
light of additional knowledge that becomes available.

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
of
20 November 2000 laying down specific provisions for the
control and eradication of bluetongue (1), and in particular
Article 9(1)(c), Articles 11 and 12 and the third paragraph of
Article 19 thereof,

2000/75/EC

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 1266/2007 (2)
lays
the control, monitoring, surveillance
down rules for
and restrictions on movements of animals,
in relation
to bluetongue, in and from the restricted zones. It also
establishes the conditions for exemptions from the exit
ban applicable to movements of susceptible animals,
their semen, ova and embryos provided for in Directive
2000/75/EC.

In the light of new scientific information recently
gathered on bluetongue virus pathogenesis related to
the possible trans-placental transmission of bluetongue,
some precautionary measures should be taken to prevent
the possible spread of the disease by pregnant animals or
certain newborn animals.

Animals that were immune before artificial insemination
or mating, due to vaccination with an inactivated vaccine
or due to natural immunity, or that have been protected
against vectors' attacks for a certain period and subjected
to certain laboratory tests with negative results are not
considered to pose any significant risk as regards blue-
tongue. It should therefore be possible to exempt only
such safe pregnant animals from the exit ban.

(5) Where exemptions

from the exit ban applicable to
movements of animals of susceptible species from the
restricted zones are applied to such animals intended
to a third
for intra-Community trade or for export
in Council
country, health certificates provided for
64/432/EEC (3),
Directive
Directive
Council
91/68/EEC (4), Council Directive 92/65/EEC (5)
and
referred to in Commission Decision 93/444/EEC (6) are
to include a reference to Regulation (EC) No 1266/2007.
It is appropriate to provide for an additional wording to
be added to all those health certificates in order to make
more explicit
the health conditions under which the
pregnant animals are exempted from the exit ban.

(6)

The measures provided for in this Regulation are in
accordance with
Standing
Committee on the Food Chain and Animal Health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

In Annex III to Regulation (EC) No 1266/2007, Section A is
amended as follows:

1.

in point 1, the first paragraph is replaced by the following:

‘The animals were kept until dispatch during the seasonally
vector-free period defined in accordance with Annex V, in a
bluetongue seasonally-free zone for at least 60 days prior to
the date of movement and were subjected to an agent iden-
tification test according to the Manual of Diagnostic Tests
and Vaccines for Terrestrial Animals of the World Organisa-
(OIE Terrestrial Manual),
tion for Animal Health (OIE) (*)
with negative results, carried out not earlier than seven
days before the date of movement.

___________
(*) http://www.oie.int/eng/normes/en_mcode.htm?e1d10’;

(4)

Regulation (EC) No 1266/2007 should therefore be
amended accordingly. The provisions of this Regulation

(1) OJ L 327, 22.12.2000, p. 74. Directive as last amended by
Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).
(2) OJ L 283, 27.10.2007, p. 37. Regulation as amended by Regulation

(EC) No 289/2008 (OJ L 89, 1.4.2008, p. 3).

(3) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by

Decision 2007/729/EC.

(4) OJ L 46, 19.2.1991, p. 19. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).
(5) OJ L 268, 14.9.1992, p. 54. Directive as

last amended by
Commission Decision 2007/265/EC (OJ L 114, 1.5.2007, p. 17).

(6) OJ L 208, 19.8.1993, p. 34.

L 116/4

EN

Official Journal of the European Union

30.4.2008

2. the following paragraphs are added:

“Animal(s) is (are) not pregnant”, or

‘For pregnant animals, at least one of the conditions set out
in points 5(b), 5(c), 5(d), 6 and 7 must be complied with
before insemination or mating, or the condition set out in
point 3 is complied with, the test being carried out not
earlier than seven days before the date of movement.

Where animals are intended for intra-Community trade or
export to a third country, one of the following additional
wordings shall be added as appropriate to the corresponding
laid down in Directives 64/432/EEC,
health certificates
referred to in Decision
91/68/EEC and 92/65/EEC, or
93/444/EEC if applicable:

“Animal(s) may be pregnant and complies (comply) with the
condition(s)
(set out in points 5(b), 5(c), 5(d), 6 and 7
before insemination or mating, or set out in point 3; indicate as
appropriate)”.’

. . . . . .

Article 2

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 April 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission