CELEX: 51991PC0435(01)
Language: en
Date: 1991-11-07
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down control rules and measures to combat African horse sickness

E M I S S I O N OF THE EUROPEAN COMMUNITIES
                                              COM(91) 435 final
                                              Brussels,  7 November 1991
                                   Proposal for a
                             fiflPNCg REgUlATLQNLJJICJ.
                        aying down control rules and measures
                          to combat African horse sickness
                                   Proposal for a
                                 COUNCIL DIRECTIVE
?BPP           amending Council Directive 90/426/EEC of 26 June 1990
                     on animal health conditions governing the
                movement and import from third'countries of equidae
                           (presented by the Commission)
 ---pagebreak---                                        - 1 -
                              EXPLANATORY MEMORANDUM
African horse sickness is a serious contagious or infectious disease affecting
equidae.    It is caused by a virus transmitted by the Cul icoTdes species.
Horses, but also zebras, mules and donkeys, are the animals most susceptible
to this disease.    The disease is encountered principally in sub-Saharan
Africa, but also since 1987 in the south-west of the Iberian Peninsula.     The
Community has already introduced the necessary measures for the
regionalization of Spain and Portugal.
The policy to eradicate this disease is highly dependent on the ecology,
climate and geography of the infected area.
Article 5(4) of Council Directive 90/426/EEC of 26 June 1990 on animal health
conditions governing the movement and import from third countries of equidae
provides for the adoption of Community measures to harmonize rules for
controlling and measures to combat African horse sickness.
The purpose of the proposed measures is to eradicate African horse sickness
and prevent its spread in the event of an outbreak.    The measures involve the
systematic slaughter of infected animals, with or without recourse to
vaccination, according to the ecological and climatological circumstances of
the outbreak.
The measures must be implemented as soon as the presence of the disease is
suspected in order that effective and immediate action may be taken.
To ensure the effectiveness of such measures, this proposal places certain
obligations on the Member States, notably:
     infected animals must be killed and destroyed where the disease is
    conf irmed;
    an area with a radius of 20 km within which strict measures shall be taken
    must be established;
 ---pagebreak---                                       - 2 -
    an in depth epizootiological enquiry must be carried out where the disease
     is suspected and confirmed;
-   a protection zone (100 km) and surveillance zone (extending 50 km beyond
    the protection zone) must be established;
     laboratories providing the necessary technical assistance to ensure proper
    application of the control measures against the disease must be set up;
    the Commission must be informed of the measures taken.
The financial implications of this proposal have been taken into account in
Council Decision 90/424/EEC on expenditure in the veterinary field.
Directive 90/426/EEC on animal health conditions governing the movement and
import from third countries of equidae must be amended in order to take
account of the control rules and measures proposed.
 ---pagebreak---                                       - 3 -
                                        PROPOSAL
                                      for a
                               COUNCIL REGULATION
                            laying down control rules
                  and measures to combat African horse sickness
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and
 in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas Council Directive 90/426/EEC of 26 June 1990 on animal health
conditions governing the movement and import from third countries of equidae1
seeks to liberalize the movement of equidae on Community territory; whereas,
under Article 5(4) thereof, Community measures must be introduced to harmonize
rules for controlling and measures to combat African horse sickness;
Whereas such measures will make it possible to ensure rational development of
the farming sector and contribute to the protection of animal health in the
Commun i t y ;
Whereas an outbreak of this disease can quickly assume epizootic proportions,
causing mortality and disturbances on a scale likely to severely reduce the
profitability of livestock production;
Whereas control measures must be taken as soon as the presence of the disease
is suspected so that immediate and effective action can be implemented as soon
as its presence is confirmed and thereby ensure the protection of animal
health in the Community;
1    0J No L 224, 18.8.1990, p. 42.
 ---pagebreak---                                      - 4 -
Whereas the measures to be taken must aim to prevent the spread of African
horse sickness; whereas a strict control of the movement of animals liable to
transmit the infection and a dis insectization of infected holdings must
accordingly be carried out;
Whereas the conditions under which vaccination against African horse sickness
may be carried out and the rules governing such vaccination must be specified;
Whereas, in order to ensure more effective control of the disease, action
should be taken to establish protection and surveillance zones, taking into
account geographical, administrative, ecological and epizootiological factors;
Whereas a thorough epizootiological enquiry is essential  in order to prevent
any spread of the disease,
HAS ADOPTED THIS REGULATION:
                                   Article 1
This Regulation lays down control rules and measures to combat African horse
sickness.
                                   Art icle 2
For the purposes of this Regulation, the definitions given in Article 2 of
Directive 90/426/EEC shall apply as and where necessary, except that:
"holding" means holding within the meaning expressed in Directive 90/426/EEC
and demarcated territory on which equidae enjoy freedom of movement.
Furthermore:
a)  "owner or keeper" means any natural or legal person(s) having ownership of
    the equidae or charged with their keep, whether or not for financial
    reward;
 ---pagebreak---                                          - 5 -
 b)  "vector" means insects liable to transmit African horse sickness, in
     particular the CulicoTdes species;
 c)  "conf irmat ion" means the declaration, by the competent authority, of the
     presence of African horse sickness, based on clinical or      laboratory
     results;
d)   "competent authority" means the veterinary authority appointed for the
     purpose by the national administration, being directly responsible to the
     national administration within the scope of this Regulation and reporting
     through the national administration.
                                       Art icle 3
1.  Any person suspecting the presence of African horse sickness shall
     immediately   inform the competent authority and the owner or keeper by the
    most expeditious means available.
2.  Until such time as the official measures laid down in Article 4 enter       into
     force, the owner or keeper of any animal     in which disease is suspected
    shall take all appropriate action to comply with the terms of the said
    art icle.
3.  Where information concerning one or more equine animals suspected of being
     infected is received, official means of investigation to confirm or rule
    out the presence of African horse sickness shall be set      in motion
     immediately by the competent authority.      The official veterinarian shall
    carry out a clinical     investigation and laboratory examination of the
    suspect or dead equidae and of the suspect holdings.       He shall take
    samples as necessary for the laboratory examinations.
                                      Art icle 4
1.  As soon as the suspicion of infection has been notified, the competent
    authority shall place the suspect holding(s) as well as all other holdings
    situated within a 20 km radius of it (them) under official surveillance
    and shall order    in respect of the area concerned that:
 ---pagebreak---                                    - 6-
a) an official census be made of the species of equidae and of the number
   of equidae already dead, infected or liable to be infected.    The
   census must be kept up to date by the owner or keeper to take account
   of equidae born or dying during the period of suspicion; the
   information in the census must be produced at the request of the
   competent authority and may be checked at each inspection;
b) the holdings be visited regularly by the official veterinarian and
   that each equine animal be examined;
c) all equidae on the holdings be kept in their living quarters or some
   other place protected against the vector;
d) all movement of equidae be prohibited;
e) appropriate means of disinsectization be employed in and around the
   bu iId ings hous ing the equidae;
f) a census be made of places liable to encourage the survival of the
   vector or accommodate it and appropriate means of disinsectization be
   employed in such places;
g) an epizootiological enquiry be carried out.
   The epizootiological enquiry shall deal with:
        the length of time during which the disease may have existed on
        the holding before being notified or suspected;
        the possible origin of the disease on the holding and the
        identification of other holdings on which there are equidae which
        may have become infected;
        the presence and distribution of disease vectors;
        the movement of equidae to or from the infected holdings.
 ---pagebreak---                                         - 7 -
 2.   In the case that the zone referred to in paragraph 1 is situated on the
     territory of several Member States, the competent authorities of the
     Member States concerned shall collaborate with a view to establishing the
     area covered by that zone.    If necessary, the zone shall be established in
     accordance with the procedure laid down in Article 15.
 3.  If necessary, the arrangements for application of the measures provided
     for in paragraph 1 to demarcated territory on which equidae have freedom
     of movement shall be determined    in accordance with the procedure laid down
     in Art icle 15.
 4.  At all events, the measures covered by this article shall be officially
     discontinued by the competent authority only when there is no longer a
     suspicion of the presence of African horse sickness.
                                      Art icle 5
Vaccination against African horse sickness shall be prohibited where such
vaccination    is not practised in accordance with the rules laid down in this
Régulât ion.
                                      Art icle 6
1.  As soon as the infection of one or more equine animals on a holding is
    confirmed, the competent authority shall order, in the zone referred to in
    Artcle 4, in addition to the measures set out in that article, that the
    following measures be taken:
    a)    The official veterinarian shall take adequate samples with a view to
          the examinations to be carried out by the laboratory.
    b)    Infected equidae shall, after dying or being killed, be destroyed by
         burning or disposed of by burial     in accordance with Council
         Directive 90/667/EEC of 27 November 1990 laying down the veterinary
         rules for the disposal and processing of animal waste, for its placing
         on the market and for the prevention of pathogens in feedstuffs of
         animal or fish origin and amending Directive 90/425/EEC 1 .
1   OJ No L 363, 27.12.1990, p. 51.
 ---pagebreak---                                        - 8
    c)  The competent authority shall ensure the systematic vaccination of all
        equidae and their identification by a clear, indelible mark applied by
        an approved method   in accordance with the procedure  laid down in
        Article 15.    However, on the basis of the epizootic, meteorological,
        geographical or climatologicaI circumstances, the vaccination
        requirements may be waived    in accordance with the procedure laid down
         in Art icle 14.
2.  The competent authority may extend the measures provided for in
    paragraph 1 if, on account of the geographical, ecological or
    meteorological situation or of movements to or from the holding where the
    disease has been confirmed, there are grounds for suspecting an extension
    of African horse sickness.
3.  Where, in a given region, an epizootic outbreak of African horse sickness
    is exceptionally serious, all supplementary measures to be taken by the
    Member States concerned shall be adopted in accordance with the procedure
    laid down   inArticle15.
4.  In order to provide full coordination of all measures necessary to ensure
    eradication of the disease as quickly as possible and for the purpose of
    carrying out the epizootiological enquiry, a crisis unit shall be
    established.
    The general rules concerning national crisis units and the Community
    crisis unit, laid down by Council Regulation (EEC) No .... shall apply.
                                     Art icle 7
1.  In addition to the measures referred to in Article 6, the competent
    authority shall establish a protection zone and a surveillance zone.      The
    establishment of the zones shall take account of the geographical,
    administrative, ecological and epizootic factors connected with African
    horse sickness and of the means of control.
2. a)   The protection zone shall consist of a part of Community    territory
        with a radius of at least 100 km around any infected holding.
 ---pagebreak---                                        - 9-
   b)    The surveillance zone shall consist of a part of Community territory
         of at least 50 km extending beyond the protection zone, in which no
         systematic vaccination has been carried out in the last 12 months.
   c)     In the case that such a zone or zones are situated on the territory of
         several Member States, the competent authorities of the Member States
         concerned shall collaborate in order to establish the zones referred
          to in a) and b ) . However, if necessary, the protection zone and the
         surveillance zone shall be established in accordance with the
         procedure laid down in Article 15.
3.   Following a visit by the Commission's experts, a decision may be taken, in
     accordance with the procedure laid down in Article 15, with a view to
     amending the establishment of the zones defined in paragraph 2, taking
     into account :
          their geographical situation and ecological factors;
          the meteorological conditions;
          the presence and distribution of the vector-,
         the results of the epizootiological studies carried out in accordance
         with this Regulation;
         the results of the laboratory examinations;
         the application of the control measures, in particular the
         disinsectization measures.
                                     Art icle 8
1.  The following measures shall be applied in the protection zone:
    a)   a census of all the holdings comprising equidae shall be undertaken;
    b)   regular inspection by the official veterinarian of all the holdings;
    c)   the movement and transport of equidae on public or private roads,
        excluding the service roads of holdings, shall be prohibited;
 ---pagebreak---                                       -lO-
   ti) equidae may not be removed from the holding on which they are kept,
        except to be transported directly under official supervision to a
        slaughterhouse for emergency slaughter located in that zone or, if
        that zone has no slaughterhouse under veterinary supervision, to a
        slaughterhouse in the surveillance zone designated by the competent
        author ity.
2.  In addition to the measures provided for in paragraph 1, a decision to
   carry out systematic vaccination of equidae against African horse sickness
   may be taken under the procedure laid down in Article 15 in the protection
   zone which is not covered by the provisions of Article 6(1)(c) concerning
   vaccination.    The details concerning the implementation of such
   vaccinâtionshalI be decided, where necessary, according to the same
   procedure.
3. Derogations from paragraph 1(c) and (d) may be adopted in accordance with
   the procedure laid down in Artcle 15, in particular with regard to the re-
   stocking of infected holdings.
4. The procedure laid down in Article 15 shall be used to determine the
   possible need for sentinel animals and the period of application of the
   measures provided for in paragraphs 1 and 2, which shall not be less than
   12 months where vaccination has been decided in accordance with
   paragraph 2.
                                    Art icle 9
1. The measures provided for in Article 8(1) shall apply in the surveillance
   zone.   However, if the surveillance zone has no slaughterhouse, the
   equidae may be slaughtered in the protection zone in a slaughterhouse
   designated by the competent authority.
2. All vaccination against African horse sickness shall be prohibited in the
   surveiI lance zone.
3. The rules governing the movement of equidae in the surveillance zone and
   the period of application of the measures specified in paragraph 1, which
   shall not be less than the period laid down in article 8(4), shall be
   determined in accordance with the procedure laid down in Article 15.
 ---pagebreak---                                        - 11 -
4.   The rules governing the movement of equidae between the protection zone
     and the surveillance zone shall be determined in accordance with the
     procedure laid down in Article 15.     The rules shall prohibit the removal
      from the holding on which they are kept of equidae vaccinated less than
     60 days previously.
                                     Article 10
Notwithstanding Article 8(1)(c) and (d) and Article 9(1), equidae from the
 protection zone and from the surveillance zone may be transported under
official and continuous supervision and under the conditions laid down in
Article 5(3) of Directive 90/426/EEC to the quarantine station referred to in
Article 5(3)(d) of that Directive.
                                     Article 11
The competent authority shall take all necessary measures, including the use
of prominent signposts and warning notices and use of media resources such as
 the press and television to ensure that all persons in the protection and
surveillance zones are fully aware of the restrictions in force, and shall
 take such steps as may be considered appropriate to ensure the adequate
enforcement of those measures.
                                     Article 12
1.    In each Member State, a national   laboratory shall be designated to carry
     out the laboratory examinations stipulated in this Regulation.     Member
     States shall notify the Commission and other Member States of the national
      Iaborator i es des i gnated.
2.   The Community reference laboratory for African horse sickness is given in
     the Annex.    The scope and duties of this laboratory shall be defined in
     accordance with the procedure laid down in Article 15 insofar as they have
     not already been established under Article 28 of Council Decision Decision
     90/424/EEC of 26 June 1990 on expenditure in the veterinary field1.
1    OJ No L 224, 18.8.1990, p. 19
 ---pagebreak---                                       - 12 -
3. The national   laboratories referred to in paragraph 1 shall cooperate with
   the Community reference laboratory, in particular concerning confirmation
   of the type and sub-type of the relevant virus and implementation of the
   vaccination measures.
4. Methods of diagnosis shall be established, where necessary, in accordance
   with the procedure laid down in Article 15.
                                   Article 13
   Commission veterinary experts may, insofar as is necessary for the uniform
   application of this Regulation and in collaboration with the competent
   national authorities, carry out checks in situ.    The Commission shall
    inform the Member States of the results of the checks undertaken.
   A Member State on whose territory such a check is carried out shall
   provide the experts with all the necessary assistance for the
   accomplishment of their task.
   The form and manner of implementation of this article shall be determined
   in accordance with the procedure laid down in Article 15.
                                     Article 14
1. Each Member State shall draw up a contingency plan, specifying how it will
   implement the measures laid down in this Regulation.
   This plan should allow access to facilities, equipment, personnel and all
   other appropriate materials necessary for the rapid and efficient
   eradication of the disease.
2. The criteria to be applied for drawing up those plans shall be those laid
   down in Commission Decision 91/42/EEC which shall apply mutatis    mutandis.
   The Commission may, in accordance with Article 15, amend or supplement
   those criteria taking into account the specific nature of the disease.
 ---pagebreak---                                      - 13 -
 3.  Plans drawn up in accordance with the criteria provided for in paragraph 2
     shall be submitted to the Commission not later than three months after
     this Regulation enters into force.
 4.  The Commission shall examine the plans in order to determine whether they
     permit the desired objective to be attained and shall suggest to the
     Member State concerned any amendments required, in particular to ensure
     that they are compatible with those of the other Member States.
     The Commission shall approve the plans, if necessary amended, in
     accordance with the procedure laid down in Article 15.
     The plans may subsequently be amended, in accordance with the same
     procedure, to take into account developments in the situation.
                                   Art icle 15
1.  The Commission shall be assisted by the Standing Veterinary Committee set
    up by Council Decision 68/361/EEC1, hereinafter referred to as "the
    Committee".
2.  Where the procedure laid down in this article is to be followed, the
    following provisions shall apply.
    The representative of the Commission shall submit to the Committee a draft
    of the measures to be taken.   The Committee shall deliver its opinion on
    the draft within a time limit which the Chairman may lay down according to
    the urgency of the matter, if necessary by taking a vote.
    The opinion shall be recorded in the minutes; in addition, each Member
    State may ask to have its position recorded in the minutes.
    The Commission shall take the utmost account of the opinion delivered by
    the Committee.   It shall inform the Committee of the manner in which its
    opinion has been taken into account.
1   OJ No L 255, 18.10.1968, p. 23.
 ---pagebreak---                                      - 14 -
                                   Article 16
This Regulation shall enter  into into force 30 days following its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
a I I Member States.
Done at Brussels,
For the CounciI
 ---pagebreak---                                      - 15 -
                                      ANNEX
Laboratorio de sanidad y produce ion animal
Ministerio de Agricultura, Pesca y Alimentacion
Ctra. Madrid-1 run, Desv. Algete, Km 5,400
28110 Algete, Madrid
Spa in.
 ---pagebreak---                                       - 16 -
                                         PROPOSAL
                                       for a
                                COUNCIL DIRECTIVE
                                        Of
amending Directive Council Directive 90/426/EEC of 26 June 1990 on animal
health conditions governing the movement and import from third countries of
equidae
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
 in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas Directive 90/426/EEC lays down animal health conditions governing the
movement and import from third countries of equidae1, whereas the said
Directive defines the criteria by which parts of the territory of a Member
State are considered to be infected with African horse sickness and lays down
the rules applicable to Member States free from the disease-,
Whereas Regulation (EEC) ..../91 lays down relevant control rules; whereas
Directive 90/426/EEC must accordingly be amended in order to take account of
these provisions,
HAS ADOPTED THIS DIRECTIVE:
1    OJ No L 224, 18.8.1990, p. 42.
 ---pagebreak---                                        - 17 -
                                     Article 1
Directive 90/426/EEC is hereby amended as follows:
1.  Article 2(f) is replaced by the following:
"f) 'Third country free from African horse sickness' means any third country
in which there has been no clinical, serological (in unvaccinated equidae) or
epidemiological evidence of African horse sickness on the territory concerned
in the previous two years and in which there have been no vaccinations against
the disease during the previous 12 months."
2.  Article 5 is replaced by the following:
                                     "Article 5
    1.    A Member State may dispatch equidae from that part of its territory
          which is considered to be infected within the meaning of
          paragraph 2(a) only under the conditions set out in paragraph 3.
    2.a)      The part of the territory considered to be infected with African
              horse sickness shall comprise a protection zone and a surveillance
              zone established in accordance with Article 7 of Regulation (EEC)
               .../91.
       b)     All vaccinated equidae found in the protection zone must be
              registered and identified in accordance with Artice 6(1)(c) of
              Regulation (EEC) .../91.
              The identification document and/or health certificate shaI I carry
              a clear reference to such vaccination.
    3.   A Member State may dispatch from the territory referred to in
         paragraph 2(a) only equidae which meet the following requirements:
      a)      they must be dispatched only during certain periods of the year,
              having regard to the activity of vector insects, to be determined
              by the Commission;
 ---pagebreak---                                       - 18 -
       b)    they must show no clinical symptom of African horse sickness on
             the day of the inspection referred to in Article 4(1);
       c) -  if they have not been vaccinated against African horse sickness,
             they must have undergone and reacted negatively to a complement
             fixation test for African horse sickness as described in Annex D,
            on two occasions, with an interval of between 21 and 30 days
            between the two tests, the second of which must have been carried
            out during the 10 days prior to dispatch,
             if they have been vaccinated, they must not have undergone
            vaccination during the previous two months and must have undergone
            the fixation test described in Annex D at the aforementioned
             intervals without having recorded an increase in the antibody
            count.   The Commission may, following the opinion of the
            Scientific Veterinary Committee, recognize other monitoring
            methods;
      d)    they must have been kept in a quarantine station for a minimum
            period of 40 days prior to dispatch.   The quarantine stations
            concerned shall, where necessary, be approved by the Commission;
      e)    they must have been protected from vector insects during the
            period of quarantine and during transportation from the quarantine
            station to the place of dispatch".
                                    Art icle 2
The implementing decisions adopted on the basis of Article 5 of
Directive 90/426/EEC shall remain valid.
                                     Artcle 3
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive no later than
31 December 1991.   They shall forthwith inform the Commission thereof.
 ---pagebreak---                                      - 19 -
Where Member States adopt such provisions, the latter shall contain a
reference to this Directive or shall be accompanied by such a reference at the
time of their official publication.   The form of such reference shall be
determined by the Member States.
                                   Art icle 4
This Directive is addressed to the Member States.
Done at Brussels,
For the CounciI
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               CQM(91) 435 final
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