1.4.2008 EN Official Journal of the European Union L 89/3
COMMISSION REGULATION (EC) No 289/2008
of 31 March 2008
amending Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/75/EC of 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,
Whereas:
(1) Commission Regulation (EC) No 1266/2007 (2) lays down rules for the control, monitoring, surveillance 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.
(2) Where exemptions from the exit ban applicable to movements of animals of susceptible species, their semen, ova an embryos from the restricted zones are applied to such animals or products intended for intra-Community trade or for export to a third country, health certificates provided for in Council Directive 64/432/EEC (3), Council Directive 91/68/EEC (4), Council Directive 92/65/EEC (5) and referred to in Commission Decision 93/444/EEC (6) are to include a reference to Regulation (EC) No 1266/2007. On the basis of the experience gained, it is appropriate to provide for an additional wording to be added to all those health certificates in order to make more explicit the health conditions under which the animals, semen, ova and embryos are exempted from the exit ban.
(3) Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (7), Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (8), Commission Decision 95/388/EC of 19 September 1995 determining the specimen certificate for intra-Community trade in semen, ova and embryos of the ovine and caprine species (9) and Decision 93/444/EEC provide that health certificates are to accompany the movements of semen, ova and embryos of bovine, ovine and caprine species.
(4) On the basis of the experience gained, where exemptions from the exit ban applicable to movements of semen, ova and embryos of animals of the susceptible species from the restricted zones are applied, those health certificates should also include a reference to Regulation (EC) No 1266/2007. An additional wording should therefore be added to those health certificates in order to make more explicit the health conditions under which the semen, ova and embryos are exempted from the exit ban.
(5) In vivo derived embryos and ova of bovine animals do not pose any significant risk as regards bluetongue. Therefore exemptions from the exit ban should be applicable to them provided that the donor animals do not show any clinical signs of bluetongue on the day of collection of the embryos and ova.
(6) For clarity reasons, certain changes as regards the naturally immunised animals referred in points 6 and 7 of Annex III and the provisions reated to ova and embryos should be introduced in the text.
(7) Regulation (EC) No 1266/2007 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annex III to Regulation (EC) No 1266/2007 is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the seventh day following 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.