Commission Regulation (EC) No 708/2008 of 24 July 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: 2008-07-24
Institutions: European Commission
Subjects: animal disease, derogation from EU law, health control, sheep, trade restriction, veterinary inspection

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Official Journal of the European Union

25.7.2008

COMMISSION REGULATION (EC) No 708/2008

of 24 July 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,

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

of
Having
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.

States on bluetongue
the trans-placental

New scientific information recently gathered by several
virus pathogenesis
Member
the
transmission of
indicates that
bluetongue virus is likely to occur at
for sero-
least
type 8. Therefore, the precautionary measures taken to
prevent the possible spread of that disease by pregnant
animals or certain newborn animals, provided for in
Regulation (EC) No 1266/2007,
amended by
Commission Regulation (EC) No 384/2008 (3), should
be maintained.

as

Animals that were immune to the bluetongue infection
before artificial
insemination or mating, due to vacci­
nation with a modified life vaccine or an inactivated
vaccine, are not considered to pose any significant risk
as regards that disease provided that sufficient time has

(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 last amended by Regu­

lation (EC) No 394/2008 (OJ L 117, 1.5.2008, p. 22).

(3) OJ L 116, 30.4.2008, p. 3.

(4)

(5)

elapsed between vaccination and insemination or mating.
Regulation (EC) No 1266/2007, as amended by Regu­
lation (EC) No 384/2008, only covers animals vaccinated
by inactivated vaccines.

As preliminary scientific information recently obtained
does not indicates that there is an additional risk associ­
ated with pregnant animals vaccinated with live modified
vaccines at least 60 days prior to insemination or mating,
it should be possible to exempt all immunised animals
vaccinated with either
inactivated or modified live
vaccines from the exit ban provided that sufficient time
has elapsed between vaccination and insemination or
mating.

since

that might not meet all

Animals
the requirements
necessary to move from a holding located in a restricted
zone to another holding located outside the restricted
zone in accordance with paragraph 1 of Article 8 of
Regulation (EC) No 1266/2007 but that are exported
to a third country do not pose an additional risk for
the Community health status,
they are not
destined for a holding in the Community. Consequently,
the requirements for their movement to the exit point as
defined in Commission Decision 93/444/EEC of 2 July
1993 on detailed rules governing intra-Community trade
in certain live animals and products intended for expor­
tation to third countries (4) should not exceed those
applied to animals sent to slaughterhouses in accordance
with paragraph 4 of Article 8 of Regulation (EC) No
1266/2007. Accordingly, no additional
certification
concerning the conditions laid down in Annex III to
Regulation (EC) No 1266/2007 should be required
where such animals are accompanied by a certificate in
accordance with Decision 93/444/EEC. The reference to
Decision 93/444/EEC in Annex III to Regulation (EC) No
1266/2007 should therefore be deleted.

(6)

If in accordance with animal welfare rules a rest period is
foreseen due to the length of the transport for animals
moved to a slaughterhouse or exit point, the derogations
for movements of such animals should only apply if it is
possible that the rest period takes place in a control post
located in the same restricted zone of the holding of
origin, as only in those cases there is no additional risk
associated with such interruption of the direct transport
in control posts.

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

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Official Journal of the European Union

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(7)

(8)

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

lished pursuant
Article 10 of Directive 2000/75/EC provided that:

to Article 9(1)(c) and point 1 of

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

opinion

the

the

of

(a) no case of bluetongue has been recorded in the
holding of origin for a period of at least 30 days
prior to the date of dispatch;

HAS ADOPTED THIS REGULATION:

(b) the animals are transported to the exit point

Article 1

— under official supervision, and

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

1. Article 8 is amended as follows:

— directly, unless a rest period foreseen by Regu­
lation (EC) No 1/2005 takes place in a control
post situated in the same restricted zone.’

(a)

in paragraph 4, point (b) is replaced by the following:

(c) paragraph 6 is replaced by the following:

‘(b) the animals are transported

— under veterinary supervision to the

slaugh­
terhouse of destination, where they are to be
slaughtered within 24 hours of arrival, and

— directly, unless a rest period foreseen by Regu­
lation (EC) No 1/2005 (*) takes place in a control
post situated in the same restricted zone.

___________
(*) OJ L 3, 5.1.2005, p. 1.’

‘6.
For the animals, their semen, ova and embryos
referred to in paragraphs 1, 4 and 5a of this Article,
the following additional wording shall be added to the
corresponding health certificates laid down in Directives
64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in
Decision 93/444/EEC:

“… (Animals semen, ova and embryos indicate as appro­
priate) in compliance with … (Articles 8(1)(a) or 8(1)(b)
or 8(4) or 8(5a), indicate as appropriate) of Regulation
(EC) No 1266/2007”.’

(b) the following paragraph 5a is inserted:

2. In Annex III, Section A is replaced by the text in the Annex

to this Regulation.

‘5a. Movements of animals not certified in accordance
with paragraph 1 from a holding located in a restricted
as defined in
zone directly,
Article 1(2)(a) of Decision 93/444/EEC, for export to a
third country shall be exempted from the exit ban estab­

exit point,

to the

Article 2

This Regulation shall enter into force on the seventh day
following that of 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, 24 July 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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ANNEX

‘A. Animals

The animals must have been protected against attacks by the vector Culicoides during transportation to the place of
destination.

In addition, at least one of the conditions set out in points 1 to 7 must be complied with.

1. 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
identification test according to the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World
Organisation for Animal Health (OIE) (OIE Terrestrial Manual), with negative results, carried out not earlier than seven
days before the date of movement.

However, that agent identification test shall not be necessary for Member States or regions of a Member State where
sufficient epidemiological data, obtained following the implementation of a monitoring programme for a period of not
less than three years, substantiate the determination of the seasonally vector-free period defined in accordance with
Annex V.

The Member States making use of that possibility shall inform the Commission and the other Member States in the
framework of the Standing Committee on the Food Chain and Animal Health.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) were kept until dispatch in a bluetongue seasonally-free zone during the seasonally vector-free period that
started on … (insert date) since birth or for at least 60 days and, if appropriate (indicate as appropriate), were then
subjected to an agent identification test according to the OIE Terrestrial Manual on samples taken within seven days
prior to dispatch, with negative results, in conformity with Annex III.A(1) to Regulation (EC) No 1266/2007.”

2. The animals have been kept, until dispatch, protected against attacks by vectors for a period of at least 60 days prior

to the date of dispatch.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) in conformity with Annex III.A(2) to Regulation (EC) No 1266/2007.”

3. The animals have been kept, until dispatch, in a bluetongue seasonally-free zone during the seasonally vector-free
period, defined in accordance with Annex V, or have been protected against attacks by vectors for a period of at least
28 days and were subjected during that period to a serological test according to the OIE Terrestrial Manual to detect
antibodies to the bluetongue virus group, with negative results, carried out at least 28 days following the date of the
commencement of the period of protection against attacks by vectors or the seasonally vector-free period.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) in conformity with Annex III.A(3) to Regulation (EC) No 1266/2007.”

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4. The animals have been kept until dispatch in a bluetongue seasonally-free zone during the seasonally vector-free
period, defined in accordance with Annex V, or have been protected against attacks by vectors for a period of at least
14 days and were subjected during that period to an agent identification test according to the OIE Terrestrial Manual,
with negative results, carried out at least 14 days following the date of commencement of the period of protection
against attacks by vectors or the seasonally vector-free period.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) in conformity with Annex III.A(4) to Regulation (EC) No 1266/2007.”

5. The animals originate from a herd vaccinated according to a vaccination programme adopted by the competent
authority and the animals have been vaccinated against the serotype(s) present or likely to be present in an epide­
miologically relevant geographical area of origin, the animals are still within the immunity period of time guaranteed
in the specifications of the vaccine approved in the vaccination programme and the animals meet at least one of the
following requirements:

(a)

they have been vaccinated more than 60 days before the date of movement;

(b) they have been vaccinated with an inactivated vaccine before at least the number of days necessary for the onset of
the immunity protection set in the specifications of the vaccine approved in the vaccination programme and were
subjected to an agent identification test according to the OIE Terrestrial Manual, with negative results, carried out
at least 14 days after the onset of the immunity protection set in the specifications of the vaccine approved in the
vaccination programme;

(c)

they were previously vaccinated and they have been re-vaccinated with an inactivated vaccine within the immunity
period of time guaranteed in the specifications of the vaccine approved in the vaccination programme;

(d) they were kept during the seasonally vector-free period, defined in accordance with Annex V, in a bluetongue
seasonally-free zone, since birth or for a period of at least 60 days before the date of vaccination and have been
vaccinated with an inactivated vaccine before at least the number of days necessary for the onset of the immunity
protection set in the specifications of the vaccine approved in the vaccination programme.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) vaccinated against bluetongue serotype/s … (insert serotype/s) with … (insert name of the vaccine) with a
inactivated/modified live vaccine (indicate, as appropriate) in conformity with Annex III.A(5) to Regulation (EC) No
1266/2007.”

6. The animals have never been vaccinated against bluetongue and were always kept in an epidemiologically relevant

geographical area of origin where not more than one serotype was or is present or likely to be present and:

(a)

they were subjected to two serological tests according to the OIE Terrestrial Manual to detect antibodies against the
bluetongue virus serotype, with positive results; the first test must be carried out on samples taken between 60 and
360 days before the date of movement and the second test being carried out on samples taken not earlier than
seven days before the date of the movement; or

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(b) they were subjected to a serological test according to the OIE Terrestrial Manual to detect antibodies against the
bluetongue virus serotype, with positive results; the test must be carried out at least 30 days before the date of the
movement and the animals were subjected to an agent identification test according to the OIE Terrestrial Manual,
with negative results, carried out not earlier than seven days before the date of the movement.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) subjected to a serological test according to the OIE Terrestrial Manual to detect antibodies against the
bluetongue virus serotype … (indicate serotype) in conformity with Annex III.A(6) to Regulation (EC) No 1266/2007.”

7. 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 antibodies 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 than seven days
before the date of movement; or

(b) the specific serotype serological test must have been carried out at least 30 days before the date of the movement
and the animals were subjected to an agent identification test according to the OIE Terrestrial Manual, with
negative results, carried out not earlier than seven days before the date of movement.

Where animals referred to in this point are intended for intra-Community trade, the following additional wording shall
be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) subjected to a specific serological test according to the OIE Terrestrial Manual to detect antibodies against
all the bluetongue virus serotypes … (indicate serotypes) present or likely to be present in conformity with Annex
III.A(7) to Regulation (EC) No 1266/2007.”

For pregnant animals, at least one of the conditions set out in points 5, 6 and 7 must be complied with before
insemination or mating, or the condition set out in point 3 must be 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, one of the following additional wordings shall be added, as
appropriate, to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Animal(s) is (are) not pregnant”, or

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