Commission Regulation (EC) No 394/2008 of 30 April 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting certain animals of susceptible species from the exit ban provided for in Council Directive 2000/75/EC (Text with EEA relevance)
Date: 2008-04-30
Institutions: European Commission
Subjects: EU control, animal disease, epidemiology, health control, sheep, trade restriction

L 117/22

EN

Official Journal of the European Union

1.5.2008

COMMISSION REGULATION (EC) No 394/2008

of 30 April 2008

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

(5)

(6)

The vector protected confinement of animals is a prac-
ticable and effective tool to protect younger animals from
attacks by vectors provided that it is carried out subject
to certain conditions. Therefore, Member States of desti-
nation should be allowed to require the application of
these conditions in relation to the introduction of young,
for which vaccination is not
non-immune animals
intra-Community trade,
feasible. As this would affect
the
conditions
should be notified to the Commission, together with all
information demonstrating that it is justified.

intention to apply these

additional

The Commission has requested further scientific advice
from the European Food Safety Authority. In light of that
advice and of additional knowledge and experience that
becomes available,
the measures provided for in this
Regulation may be reviewed in the future. Therefore,
to
the
31 December 2008.

transitional

limited

should

period

be

for

exit

ban

provided

time. Therefore,

Points 6 and 7 of Section A of Annex III to Regulation
(EC) No 1266/2007 lay down the conditions under
which naturally immunised animals may be exempted
in Directive
from the
2000/75/EC. There have been experiments which
indicate that protection post-infection with bluetongue
lasts for a substantial period of
the
naturally infected animals are immune for long periods
after infection with a particular serotype. The detection of
in non-
an immune response to bluetongue virus
vaccinated
infection.
However,
that protection can vary depending on the
breed of the animal, virus strain and individual animal
variation. Therefore, confirmation of the persistence of
the antibody response by means of
two serological
tests, the first being carried out between 60 and 360
days before the movement and the second seven days
before movement can provide further reassurance that
such animals are immune and thus can be safely moved.

indicates

previous

animals

(7)

Regulation (EC) No 1266/2007 should therefore be
amended accordingly.

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.

for

provided

shown that

the effectiveness of

in a
In recent months, experience has
the
number of Member States
measures
(EC) No
1266/2007 to ensure the protection of animals against
attacks by vectors might be undermined by a combi-
nation of factors,
including the vector species, climate
conditions and the type of husbandry of the susceptible
ruminants.

in Regulation

In view of those circumstances and pending their further
scientific assessment, it is appropriate to allow Member
States of destination, in which the introduction of non-
immune animals under such circumstances could pose a
risk for animal health to require that the movement of
non-immune animals is subject to additional conditions
justified on the basis of a risk assessment taking into
account
epidemiological
conditions in which animals are being introduced. Such
additional conditions should be limited to what
is
necessary to ensure an effective protection of non-
immune animals against vectors attacks.

entomological

and

the

it

(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

(8)

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

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

opinion

the

the

of

1.5.2008

EN

Official Journal of the European Union

L 117/23

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1266/2007 is amended as follows:

1. In Chapter 4, the following Article 9a is inserted:

‘Article 9a

Transitional provisions

1.
Until 31 December 2008, by way of derogation from
Article 8(1)(a) and based on the outcome of a risk
assessment taking into account the entomological and epide-
animals,
miological
the
conditions of
the
that
Member States of destination may
movement
the
by
are
exemption provided for in Article 8(1) and which comply
with at least one of the conditions set out in points 1 to 4 of
Section A of Annex III but which do not comply with points
5, 6 and 7 of that Section, comply with the following addi-
tional conditions:

animals, which

introduction of

require
covered

of

notifying Member State shall be entitled to apply those addi-
tional conditions forthwith. It shall inform the other Member
States without delay.

The Commission shall make available to the public
additional

3.
information
application
conditions in accordance with paragraph 2.’

regarding

the

of

2. In Annex III, Section A is amended as follows:

(a) Point 6(a) is replaced by the following:

‘(a)

subjected to two serological

tests
they were
according to the OIE Terrestrial Manual to detect
antibodies against
the bluetongue virus serotype,
with positive results; the first test being carried out
on samples taken between 60 and 360 days before
the date of movement and the second test being
carried out on samples
than
seven days before the date of the movement; or’;

taken not earlier

(a)

those animals must be less than 90 days old;

(b) In point 7, the introductory phrase and point (a) are

replaced by the following:

(b) they must have been kept since birth in vector protected

confinement;

(c)

the tests referred in points 1, 3 and 4 of Section A of
Annex III must have been carried out on samples taken
not earlier
the
movement.

than seven days before the date of

A Member State which intends to apply the additional
laid down in paragraph 1 shall notify the

2.
conditions
Commission in advance.

It shall provide the Commission with all the necessary infor-
mation and data required to justify the application of those
additional conditions in view of its entomological and epide-
miological situation, in particular with regard to the vector
species and virus serotype involved, climate conditions, and
the type of husbandry of the susceptible ruminants.

If the Commission has not opposed the application within a
the
period of seven days from the date of notification,

‘The animals have never been vaccinated against
the
bluetongue virus and were subjected with positive
results to two adequate serological tests according to
the OIE Terrestrial Manual able to detect specific anti-
bodies against all the bluetongue virus serotypes present
or likely to be present, in the epidemiologically relevant
geographical area of origin, and

(a) the first test must have been carried out on samples
that were taken between 60 and 360 days before the
date of movement and the second test must have
been carried out on samples that were taken not
earlier
of
movement; or’.

than seven days

before

date

the

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 30 April 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission