CELEX: 51989PC0512
Language: en
Date: 1989-10-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 85/511/EEC INTRODUCING COMMUNITY MEASURES FOR THE CONTROL OF FOOT AND MOUTH DISEASE

No C 327/84                                Official Journal of the European Communities                                      30. 12. 89
               (a) they shall have adequate provisions to store and to. treat the animal waste in a safe way;
               (b) they shall have adequate arrangements to destroy unused animal waste remaining after the production of
                   petfood, technical products or pharmaceuticals, or they must sent it to a processing plant or to an
                   incinerator.
               Proposal for a Council Directive amending Directive 8 5 / 5 1 1 / EEC introducing Community measures
                                              for the control of foot-and-mouth disease
                                                          COM(89) 512 final
                                       (Submitted by the Commission on 30 October 1989)
                                                             (89/C 327/17)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Whereas Commission Decision 88/397/EEC of 12 July
                                                                          1988 coordinating rules laid down by Member States in
Having regard to the Treaty establishing the European                     application     of     Article 6    of  Council     Directive
Economic Community, and in particular Article 43                          85/511/EEC (2) has already provided for a minimum set of
thereof,                                                                  rules to be applied in all Member States when granting
                                                                          exceptions from total slaughter on an infected holding;
Having regard to the proposal from the Commission,
                                                                          Whereas matters related to increased risks to the Community
                                                                          in implementing the new policy will be the subject of further
Having regard to the opinion of the European Parliament,                  provisions particularly in respect of trade from third
                                                                          countries in animals and animal products;
Having regard to the opinion of the Economic and Social
Committee,                                                                Whereas in extreme situations where an epizootic disease
                                                                          threatens to become extensive it may be necessary to have
Whereas Council Directive 85/511/EEC 0) introduced                        recourse to emergency vaccination; whereas in this case it is
Community measures for the control of foot-and-mouth                      necessary to lay down conditions under which this
disease;                                                                  vaccination may be implemented;
Whereas in view of the approach of the internal market on 1               Whereas Community vaccine reserves and vaccine banks for
January 1993, it is necessary to amend the measures already               the above-mentioned purpose should be established by
taken at Community level to control foot-and-mouth disease                means of a separate measure;
in the entire Community; whereas it is essential that a similar
policy applies throughout the Community;                                  Whereas financial support to Member States concerning
                                                                          slaughter and destruction and other emergency actions
Whereas a Commission study on control of foot-and-mouth                   should be laid down in separate measures;
disease has shown that the adoption of a non-vaccination
policy for the Community as a whole will be cheaper and                   Whereas the functioning of the new measures shall be kept
safer than a vaccination policy; whereas it has been                      under the constant review of the Commission who shall
concluded that a risk exists in the manipulation of virus in              report to the Council on their implementation,
laboratories due to the possibility of escape to local
susceptible animals and in the use of vaccine if inactivation
procedures do not ensure it's safety;
                                                                          HAS ADOPTED THIS DIRECTIVE:
Whereas the Commission's study as regards a vaccination
policy has clearly shown that an official withdrawal of
vaccination against the disease should be implemented from
a given date; whereas this analysis has also shown that a total                                       Article 1
slaugther and destruction (stamping out) policy should be
implemented at the same time;                                             Directive 85/511/EEC is hereby amended as follows:
(!) OJ No L 315, 26. 11. 1985, p. 11.                                     (2) OJ No L 189, 20. 7. 1988, p. 25.
 ---pagebreak--- 30. 12. 89                                Official Journal of the European Communities                             No C 327/85
 1. Article 1 is replaced by the following:                               3.     Notwithstanding the provisions of paragraph 1
                                                                          concerning the use of foot-and-mouth disease vaccine it
      'Article 1
                                                                          may be decided in accordance with the provisions of
     This Directive defines the Community control measures                Article 16, in a Member State or States in which foot-
     to be applied in the event of outbreaks of                           and-mouth disease has been confirmed and when the
     foot-and-mouth disease, whatever the type of virus                   epizootic threatens to become extensive, that
     concerned.'                                                          emergency vaccination may be introduced. In this case
                                                                          the measures taken shall include:
 2. In Article 2, second paragraph, (b) is deleted.                       — the extent of the geographical area in which
                                                                              emergency vaccinations is to be carried out,
 3. In Article 5 (2) the phrase '(a) in Member States or
                                                                          — the species and the age of the animals to be
     regions where vaccination is prohibited' is deleted.
                                                                              vaccinated,
 4. Article 5 (2) (b) is deleted.                                         — the duration of the vaccination campaign,
                                                                          — a specific standstill of vaccinated animals and their
 5. In the first sentence of Article 6(1) the words 'and (2)                  products,
     (b) (i)' are deleted.                                                — the positive     identification  of  the  vaccinated
                                                                              animals,
 6. Article 6 (2) is replaced by the following: 'When
     recourse is had to paragraph 1 Member States shall                   and other matters appropriate to the emergency
     apply the measures as laid down in Decision                          situation.
     88/397/EEC. (*)'
                                                                     10. Article 14 (1) (2) and (4) are deleted.
     (*) OJ No L 189, 20. 7. 1988, p. 25.'
                                                                     11. Article 15 is deleted.
 7. Article 6, third paragraph, is deleted.                          12. At the end of Article 16 the words 'unless the Council
                                                                          has voted against the said measures by a simple
 8. Article 9 (2) (a) first indent is replaced by the                     majority' are deleted.
     following:
                                                                     13. At the end of Article 17 the words 'unless the Council
     '— a census of all holdings having animals of
                                                                          has voted against the said measures by a simple
           susceptible species and the animals shall be taken;
                                                                          majority' are deleted.
           these holdings shall be visited daily;'
                                                                     14. Article 18 is replaced by the following:
 9. Article 13 is replaced by the following:
                                                                          'Article 18
      'Article 13
                                                                          On the basis of a report from the Commission on the
      1.     Member States shall prohibit the manipulation,               experience gained in the application of this Directive,
     manufacture, storage, sale or use of foot-and-mouth                  accompanied by proposals where appropriate, the
     disease virus, anti-serum or vaccines in their                       Council shall review the situation by 31 December
     territories.                                                         1992.'
     2.      In accordance with the procedure laid down in
     Article 17 it may be decided on a case-by-case basis to                                   Article 2
     waive the provisions of paragraph 1 in respect of
     establishments engaged in the manipulation,                     Member States shall bring into force the laws, regulations
     manufacture, storage and sale of foot-and-mouth                 and administrative provisions necessary to comply with this
     disease virus, vaccines or antiserum.                           Directive by 1 January 1991. They shall forthwith inform the
                                                                     Commission thereof.
     In this case special consideration shall be given to
     security systems in the establishment concerned and to          The provisions adopted pursuant to the first paragraph shall
     the purpose of the production.                                  make express reference to this Directive.
     In accordance with the same procedure it may be
     decided to adopt a uniform code of practice in relation                                   Article 3
      to security systems in those establishments to which an
     exception has been granted.'                                    This Directive is addressed to the Member States.