Commission Regulation (EC) No 1304/2008 of 19 December 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: 2008-12-19
Institutions: European Commission
Subjects: EU control, animal breeding, animal disease, epidemiology, sheep, trade restriction, transport of animals

L 344/28

EN

Official Journal of the European Union

20.12.2008

COMMISSION REGULATION (EC) No 1304/2008

of 19 December 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

(EC) No 394/2008 (3) provides that, until 31 December
2008, Member States of destination may require that the
movement of certain animals which are covered by the
exemption provided for in Article 8(1) of Regulation (EC)
No 1266/2007 be subjected to additional conditions, on
the basis of a risk assessment taking into account the
entomological and epidemiological conditions in which
animals are being introduced.

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:

(5)

In the period following the adoption of that transitional
in a number of
measure, experience has shown that
Member States
to
the measures
the application of
ensure the protection of animals against attacks by
vectors is not effective. In addition, the European Food
Safety Authority states, in its Opinion on bluetongue of
19 June 2008 (4), that no treatment protocols have been
formally approved in the Community for effectively
protecting animals against Culicoides attacks.

Commission Regulation (EC) No 1266/2007 (2)
down rules for
and restrictions on movements of animals,
to bluetongue, in and from the restricted zones.

lays
the control, monitoring, surveillance
in relation

(6)

those circumstances and pending further
In view of
is appropriate to extend the
scientific assessment,
it
period of application of
the transitional measure laid
down in Article 9a of Regulation (EC) No 1266/2007.

semen collection or

Article 8(1) of that Regulation provides that movements
of animals, their semen, ova and embryos from a holding
or
storage centre located in a
restricted zone to another holding or semen collection
or storage centre are to be exempted from the exit ban
provided for in Directive 2000/75/EC, subject
to the
requirement
their semen, ova and
the animals,
embryos comply with certain conditions set out in that
Article.

that

in a number of Member
Experience has shown that
States the effectiveness of the measures provided for in
Regulation (EC) No 1266/2007 to ensure the protection
of
vectors might be
attacks by
undermined by a combination of factors. Those factors
include the vector species, climate conditions and the
type of husbandry of the susceptible ruminants.

animals

against

(4)

Therefore, as a transitional measure, Article 9a of Regu­
lation (EC) No 1266/2007 as amended by Regulation

(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 283, 27.10.2007, p. 37.

(7)

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

(8)

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

In the introductory phrase of paragraph 1 of Article 9a of
Regulation (EC) No 1266/2007, the date ‘31 December 2008’
is replaced by ‘31 December 2009’.

(3) OJ L 117, 1.5.2008, p. 22.
(4) Opinion of the Scientific Panel on Animal Health and Welfare on a
from the European Commission (DG SANCO) on Blue­

request
tongue. The EFSA Journal (2008) 735, pp. 1-69.

(1)

(2)

(3)

20.12.2008

EN

Official Journal of the European Union

L 344/29

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

Article 2

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

Done at Brussels, 19 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission