CELEX: 51981PC0497
Language: en
Date: 1981-09-14
Title: Proposal for a COUNCIL DIRECTIVE on the notification of animal disease within the Community (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 497
Vol. 1981/0148
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)497 final
                                                 Brussels , 14 September 1981
                                  Proposal for a
                                 COUNCIL DIRECTIVE
           on the notification of animal disease within the Community
                   ( submitted to the Council by the Commission )
                                             *       .
C0MC81 ) 497 final
 ---pagebreak---                            EXPLANATORY NOTE
  Intra-Community trade in live cattle and pigs , fresh meat from cattle , pigs ,
-sheep ,- goats and solipeds , fresh poultrymeat and meat products takes place
  under the terms of certain directives dealing with those areas of trade ™     In
  eaclvof these directives obligations are imposed on each Member State to notify
  to       other Member State and the Commission      the appearance and disappearance
  on their territories of animal diseases * . Heretofore no detail has been laid
  down relating to the diseases to be reported , the frequency of the reports or
. content of the reports and the system must be clarified ,,         These trading i'-
  directives also give importing Member States the right to take appropriate
  protective measures            if there is a risk of spread of animal disease as
  a  resuit of trade .
  It is therefore necessary to make a proposal for a directive laying down not only
  the diseases to be reported but also the frequency and contents of the reports
  including the methods by which the report shall be made .
  Implementation of such a directive would provide the up to date , accurate
  information , essential to Member States in making rational decisions in relation
 to risk of spread of disease through intra-Community trade thereby preventing
 unreasonable interference with such trade and essential to the Commission to .
  fulfil its task under Community law .
              4
 ---pagebreak---                                                Proposai
                                              for a
                                     Council Directive
                      notification of animal disease within the Community
        THE COUNCIL OF THE EUROPEAN COMMUNITIES ,           . .
         Having regard to the Treaty establishing tbe European Economic Community and in
        particuler 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 the Community has issued regulations in respect of the health requirements
        for intra-Community trade in bovine animals and swine , fresh meat , fresh poultry
        meat and meat products,;
        Whereas , the appearance or presence of certain contagious animal diseases present
        a risk to the Community herd notably by their spread as a result of trade ;               and
        rapid and accurate information is essential for the application of the different
        protection measures provided for in Community regulations ;
        Whereas it is necessary for each Member State to notify each other Member State
        and the Commission of the outbreak and disappearance of certain animal diseases .
                                                                                                      (1 )
        on its territory in accordance with Article 9(2 ) of Council Directive 64 / 432 / EEC .
        of 26 June 1§64 on animal health problems affecting intra-Community trade in
                                                                                              (2 )
        bovine animals and swine , as last amended by Council Directive 8Q / 1274 / EEC            ;
                                                           (3)
         Article 7 of Council Directive 72 / 461 / EEC          of 12 December 1972 on health
        problems affecting intra-Community trade in fresh meat , as last amended by Council
         Directive 80 / 1099 / EEC ; Article 11 of Council Directive 71 / 118 / EE^of 15 February
         1971 dealing with health problems affecting trade in fresh poultry meat , as last
                                                        (6 )
         amended by Council Directive 80 / 216 / EEC          ; and Article 7 of Council Directive
         80 / 215 / EEC     of 22 January 1980 on animal health problems affecting intra-Community
                                                                                           (8 )
         trade in meat products , as last amended by Council Directive 80 / 1100 / EEC          ;
( 1 ) O.J . No 121 of 29.7.1964 , p. 1977 / 64 '                           V
(2 )   O.J.   No  L  325 of 1.12.1980 , p. 75
(3)    O.J.   No  L  302 of 31.12.1972 , p. 24 -
(4)    O.J.   No  L  325 of 1.12.1980 , p. 14                      /    '>
(5 )   O.J.   No  L   55 of 8 . 3.1971 , p . 23
 :6 )  O.J.   No  L   47 of 21 . 2.1980 , p . 8
•■ 7 ) O.J.   No  L   47 of 21 . 2.1980 , p . 4
<8 )   O.J.   No  L  325 of 1.12.1980 , p . 16
 ---pagebreak---                                         - 2 -
Whereas , however , the method of notification and diseases to be notified require
     »
 to be specifically laid down and in particular the regular updating of the
disease situation in each Member State ;
                                                            /
Whereas , the adaptation to technical needs , required as a result of experience
of application of the notification procedure , shall be adopted following a
procedure ensuring close collaboration between the Member States and the
Commission ,
HAS ADOPTED THIS DIRECTIVE :                     , -
                                    Article 1 '    .
1 . This Directive refers to the notification :
       - of outbreaks of any of the diseases listed in Annex A ,
   ■t - of outbreaks of any new serious naturally transmissible disease ,
       - of removal of restrictions in relation to-the terminal outbreak of any
          diseases in Annex A or any new serious naturally transmissible disease .
?. It applies without prejudice to the particular provisions for information
       in respect of the harmonisation of eradication and / or prophylaxis of animal
       disease-
                                    Article 2
For the purposes of this Directive :
( a ) " holding " means any establishment or place in the territory of a Member State
        where animals are assembled , reared or kept .
( b ) " case " means any animal or carcase in which any of the diseases listed in
        Annex A has been officially confirmed .
                                       ©ft a         ©f ©Pi©' <&r   eases *
 ( d ) " primary outbreak " means an outbreak not epi20otiologically linked with a
        previous outbreak in the same region of a Member State as defined in Article 2
        of Council Directive 64 / 432 / EEC or the first outbreak in a different region of
         the sflme Member State .
 ---pagebreak---                                                    - 3 -
                                              Article 3
         1 . Each Member State shall notify directly to the Commission and directly to
             each other Member State within 24 hours :
             - the primary outbreak on its territory of any of the diseases in Annex A ,
             - any outbreak of a new serious naturally transmissible disease ,
             - the removal of restrictions from its territory in relation to the terminal
               outbreak of any of the diseases listed in Annex. A or any new serious
                                                                    • -                  /
               naturally transmissible disease ,,
        2 . Such notification shall be by telex and shall provide the information required
             by Annex B.
        3 . In Mie case of classical swine fever the information provided according to
                                              C9 )
             Council Directive 80 / 217 / EEC       of 22 January -1980 introducing Community
                                                          y
             measures for the cqntrol of classical swine fever as last amended by Council
             Directive 80 / 1274/ EEC ^^ will be considered to be sufficient .
                                              Article 4
        "• Each Member State shall notify directly to the Commission on the first working
             day of each week the secondary outbreaks on its -'territory of any of the
             diseases listed in Annex A , This notification shall refer to the week ending
             at midnight on the Sunday prior to the notification . The Commission shall
             correlate this information and transmit a - composite notification to the
             veterinary headquarters of each Member State ,
        2 . The receipt of no information by the Commission shall be considered to mean
             that no secondary outbreaks have occurred during the period under report .
                                                                          r •        •
        3 , All such notifications shall be by telex and shall contain the information
             required by Annex B ,
                                                                %
                                                                        f
                                              Article 5
        1 , According to the procedure laid down in Article 6 and before the date of
             implementation of this Directive the codified form shall be established by
             which the information contained in Annex B shall be transmitted ,
        2 , According to the same procedure it may be decided :
             - to supplement or amend Annex A and /or Annex B ,
             - that notwithstanding the provisions of Article 4 and taking account of the
               diseaseoconcerned and the particular epizootiological development , the
               frequency, content and scope of the notification may be temporarily modified ,
( 9 ) O.J. No L 47 of 21 . 2,1980 , p , 11
10 ) O.J. No L 375 of 31,12,1980 , p , 75 ,
 ---pagebreak---                                        - 4 -
                                  Article 6
 1 . Where the procedure Laid down in this Article is to be used , matters shall
      without delay be referred by the Chairman, either on his own initiative or
     at the request of a Member State , to the Standing Veterinary Committee
      ( hereinafter called the • Committee.' ) set up by the Council Decision of 15
     October 1968 .
2 . Within the Committee the votes of the Member States shall be weighted as
     provided in Article 148(2 ) of the Treaty .     The Chairman shall not vote .
3 . The representative of the Commission shall submit a draft of the measures
     to be adopted ." The Committee shall deliver its opinion on such measures
     within two days .   Opinions shall be delivered by a majority of 45 votes .
                                                                              /
4 . The Commission shall adopt the measures and shall apply them immediately
     where they are in accordance with the opinion of the Committee .      Where
     they are not in accordance with the opinion of the Committee or if no
     opinion is delivered , the Commission shall without delay propose to the
     Council the measures to be adopted .      The Council shall adopt the measures
     by a qualified majority .
     If within - 15 days from the date on which the proposal was submitted to it ,
     the Council has not adopted any measures , the Commission shall adopt the
     proposed measures and apply them immediately , save where the Council has
     decided by a simple majority against those measures .
                                                                         »
                                  Article 7
                                                        4  «
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive on 1 January 1982 and
immediately inform the Commission thereof .
                                  Article 8
This Directive is addressed to the Member States .
 Done at Brussels ,                                               For the Council
                                         ("                ,
                                     M   M
                                   J
                                       1 ' •
 ---pagebreak---                       ANNEX   A
FOOT AND MOUTH DISEASE .
RINDERPEST ( CATTLE PLAQUE ).
CONT AGIOUS BOVINE PLEUROPNEUMONIA .
BLUETONGUE .
SWINE VESICULAR DISEASE .
CLASSICAL SWINE FEVER *
AFRICAN SWINE FEVER .
TESCHEN DISEASE ( CONTAGIOUS SWINE PARALYSIS )
VESICULAR STOMATITIS .
FOWL PLAQUE .
NEWCASTLE DISEASE .
 ---pagebreak---                                        ANNEX   B
 1 . Information required by Article 3 in relation to primary outbreaks of diseases
                                                            I
      in Annex A and outbreaks of any new serious infectious or contagious disease :
      1 . Date of dispatch .
     2 . Time of dispatch .
     3 . Name of Member State .
     4 . ( a ) Name of disease .
           (b ) Type of virus if appropriate .
     5 . Date of confirmation .
     6 . Geographical location .
     7 . Number of susceptible animals on premises ( a ) cattle , ( b ) pigs , ( c ) sheep ,
                                                              < d ) goats , ( e ) poultry .
     8 . Number of stock slaughtered ( a ) cattle , ( b ) pigs , ( c ) sheep , ( d ) goats ,
                                                                            ( e ) poultry .
     9 . Number of carcases destroyed : ( a ) cattle , ( b ) pigs , Cc ) sheep , ( d ) goats ,
                                             -                              < e ) poultry .
2 . Information required by Article 4 in relation to secondary outbreaks of
     diseases in Annex A :
     1 . Date of dispatch .
     2 . Time of Dispatch .
     3 . Name of Member State .
     4 . For each disease notified :                <
           (a)   Name of disease .
           Cb ) Number of outbreaks .
           ( c ) Name of disease .
         - ( d ) Number of outbreaks .
3 . Information required by Article 3 in relation tO f removal of restrictions in a
     Member State in relation to outbreaks of diseases listed in Annex A :
     1 . Date of dispatch .                                      ,
     2 . Time of dispatch .         »
     3 . Name of Member State .           .
     4 . Name of disease .
     5 . Date of removal of restrictions :