What is Decree No. 389 / 2004 Coll.?

Decree No. 389 / 2004 Coll., on measures to control and prevent foot-and-mouth disease and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended by Decree No. 356 / 2004 Coll. — Decree on measures to control and prevent foot-and-mouth disease and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended by Decree No. 356 / 2004 Coll..

When it became Decree No. 389 / 2004 Coll. effectiveness?

Decree No. 389 / 2004 Coll. became effective 01.07.2004.

Is Decree No. 389 / 2004 Coll. still valid?

Yes, Decree No. 389 / 2004 Coll. is still valid and effective.

How many times was it Decree No. 389 / 2004 Coll. amended?

Decree No. 389 / 2004 Coll. has 4 time versions of the text.

Decree No. 389 / 2004 Coll. - Decree on measures to control and preven...

389

DECLARATION

of 23 June 2004

on measures to combat and prevent foot-and-mouth disease and amending Decree No 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended by Decree No 356 / 2004 Coll.

The Ministry of Agriculture provides pursuant to Section 78 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll. and Act No. 316 / 2004 Coll., ("the Act ') for the implementation of Sections 10 (3) (a) and (g) and Article 51a (3) of the Act:

ČÁST PRVNÍ

MEASURES FOR THE COMPATIBILITY AND CULTURE OF, AND PRELIMINATION OF, SINTAGES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This decree, in accordance with European Unionlaw (1), regulates:

(a) the control measures for foot-and-mouth disease applicable in cases of an outbreak of that disease of any type of virus;

(b) animal health requirements for animals and animal products originating in, and handling, the protection, surveillance and restricted zones;

(c) animal health conditions for emergency vaccination against foot-and-mouth disease;

(d) veterinary measures to prevent foot-and-mouth disease, in particular to ensure effective protection against that disease and to increase the preparedness of the competent authorities and persons for its presence.

§ 2

Definition of terms

For the purposes of this decree:

(a) animal of a susceptible species - any livestock, pet animal or wild animal of the order Artiodactyla (Sudoungulates), Ruminantia (Ruminant), Suiformes (Suiformes) and Tylopoda (Mozambique). In the context of certain specific measures, in particular those referred to in Sections 16 and 77, other animals, such as those of the Rodentia (Rodentia) or Proboscidae (Octopus), may be considered susceptible to foot-and-mouth disease, based on scientific knowledge,

(b) holdings - any agricultural or other object, including circuses, in which animals of susceptible species are kept or kept on a permanent or temporary basis. For the purposes of Article 11 (1), however, this definition does not cover parts of such objects which are used for the accommodation of humans, except where animals of susceptible species are kept or kept there permanently or temporarily, including the animals referred to in (a), second sentence, as well as slaughterhouses, means of transport, border veterinary centres or buffer areas in which animals of susceptible species are held and may be hunted, provided that such buffer areas are so large that the measures referred to in (11) are not practicable,

(c) herd - animal or group of animals kept on the holding and forming an epidemiological unit. If more than one herd is kept on the holding, each herd shall form a separate unit and shall have the same health status,

(d) the breeder - any person or persons, whether natural or legal, owning an animal of a susceptible species or entrusted with its possession, whether or not they do so for remuneration;

(e) by authorisation - a written authorisation issued by the competent authority for which there must be copies necessary for the subsequent checks provided for by the relevant legislation,

(f) incubation period - the period between infection and the occurrence of clinical signs of foot-and-mouth disease, which is 14 days in bovine and porcine animals, in ovine, caprine and other animals of susceptible species,

(g) an animal suspected of being infected - any animal of a susceptible species, showing such clinical signs, post-mortem changes or reactions to a laboratory examination which justify the suspicion of foot-and-mouth disease;

(h) the animal suspected of being contaminated - any animal of susceptible species which, according to the epidemiological information obtained, may have come into contact directly or indirectly with the foot-and-mouth disease virus;

(i) the case of foot-and-mouth disease or of an animal infected with foot-and-mouth disease - any animal of a susceptible species or carcases of an animal in which foot-and-mouth disease has been officially confirmed in the light of the criteria set out in Annex 1 to this Regulation, on the basis of clinical signs or post-mortem changes corresponding to foot-and-mouth disease, or on the basis of a laboratory examination carried out in accordance with Annex 13 to this Regulation;

(j) an outbreak of foot-and-mouth disease - a holding where animals of susceptible species are kept and which fulfils one or more of the criteria set out in Annex 1 to this Regulation;

(k) a primary outbreak - an outbreak which is not epidemiologically related to a previous outbreak in the same area or a first outbreak in another area;

(l) culling - the killing of an animal without bleeding in a manner consistent with the animal protection legislation (2),

(m) necessary slaughter - emergency slaughter of animals which, on the basis of epidemiological information, clinical diagnosis or laboratory test results, are not considered to be infected or contaminated with foot-and-mouth disease virus, including slaughter for animal protection purposes,

(n) processing - one of the methods of processing high-risk confiscates of animal origin as defined in European Union3) which is used in a way that avoids the risk of spreading foot-and-mouth disease virus;

(o) regionalisation - the establishment of a control zone in which restrictions are laid down for the movement or trade of certain animals or animal products within the meaning of Article 44 in order to prevent the spread of the foot-and-mouth disease virus into a zone in which no restrictions are imposed under this Decree;

(p) the area - the territory defined in § 3 (4) of the Act,

(q) sub-areas - territories defined in European Unionlegislation (4),

(r) a bank of European Union antigens and vaccines - suitable premises for storing European Union stocks of both concentrated inactivated foot-and-mouth disease virus antigens for the purpose of producing foot-and-mouth disease vaccines and immunological veterinary products (vaccines) reconstituted from these antigens and registered in accordance with specific legislation5);

(s) emergency vaccination - vaccination in accordance with § 49 (1),

(t) protection vaccination - emergency vaccination carried out on holdings located in a zone established to protect animals of susceptible species located in that zone against the spread of foot-and-mouth disease virus by means of aerogenic means or contaminated objects, intended to keep animals so vaccinated alive;

(u) suppressive vaccination - emergency vaccination carried out exclusively under the systematic slaughter regime (stamping-out method) where it is necessary to reduce the amount of circulating foot-and-mouth disease virus as quickly as possible on the holding or in the zone and to reduce the risk of spread beyond the holding or zone, with the aim of killing and disposing of the animals so vaccinated;

(v) wild animal - an animal of susceptible species which lives outside the holding or premises referred to in Sections 16 and 17;

(w) the primary case of foot-and-mouth disease in wild animals - any case of foot-and-mouth disease detected in a wild animal in a zone where no measures are applied pursuant to Article 77 (2) or (3).

HLAVA II

COMPLIANCE AND CULTURE

Díl 1

Reporting of foot-and-mouth disease

§ 3

(1) Breeders and persons who treat, accompany or supervise animals during transport are required, in accordance with Article 11 (1) of the Act, to report without delay to the Regional Veterinary Administration, directly or through a veterinarian, to the presence or suspected presence of foot-and-mouth disease and to hold the infected animals or animals suspected of being infected separately from places where other animals of susceptible species are likely to become infected or contaminated with the foot-and-mouth disease virus.

(2) Persons who, in the course of their profession, are in contact with animals of susceptible species or products originating from animals such as veterinary surgeons, both official and private, and the head of veterinary laboratories shall immediately notify the Regional Veterinary Administration of any information which has established or suspected the presence of foot-and-mouth disease prior to official intervention.

§ 4

(1) The State Veterinary Administration shall, in accordance with Articles 10 (2) and 48 (1) (o) (2) of the Act, notify the European Commission ("the Commission") and the Member States of the European Union ("the Member State") of the occurrence of foot-and-mouth disease as soon as an outbreak of foot-and-mouth disease or a primary case of foot-and-mouth disease in wild animals has been confirmed and shall provide them with the information and written reports required in Annex 2 to this Regulation.

(2) The provisions of paragraph 1 are without prejudice to the provisions of special legislation (6) concerning disease reporting.

Díl 2

Measures to control foot-and-mouth disease

Oddíl 1

Measures in case of suspected outbreak of foot-and-mouth disease

§ 5

Protection and control measures in case of suspected outbreaks of foot-and-mouth disease

(1) Where one or more animals suspected of being infected or suspected of being contaminated are present on the holding, the Regional Veterinary Administration shall immediately initiate and conduct, in the course of the exercise of national veterinary supervision, an investigation to confirm or exclude the occurrence of foot-and-mouth disease, in particular taking or having taken samples for the laboratory examination necessary to confirm the outbreak of that disease in accordance with the criteria set out in Annex 1 to this Regulation.

(2) As soon as the suspicion of foot-and-mouth disease is reported, the Regional Veterinary Administration shall, in accordance with Articles 13 and 49 (1) (d) of the Act, order the breeder in particular to:

(a) have taken an inventory of the number of animals present on the holding in all categories and have detected in each category of susceptible species the number of animals already dead or suspected of being infected or suspected of being contaminated;

(b) update the inventory referred to in (a) and take into account animals of susceptible species born and dead during the period of suspicion. The particulars of this inventory shall be submitted on request to the national veterinary surveillance authorities, which shall check them on each visit to the holding;

(c) record all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, egg cells, embryos, manure, slurry, fodder and litter on the holding and update those entries;

(d) ensure that no animal of a susceptible species enters or leaves the holding, except in the case of holdings consisting of epizootiologically separated units within the meaning of Article 18, and that all animals of susceptible species on the holding are kept in their housing or other places allowing their isolation;

(e) has placed in the entrances to and exits from buildings and other premises where animals of susceptible species are housed, as well as when entering and leaving the holding and from the holding effective disinfectants.

(3) The Regional Veterinary Administration organises the carrying-out of the epidemiological inquiry referred to in Article 14, including the collection and laboratory testing of samples referred to in point 2.1.1.1. of Annex 3 to this Decree.

§ 6

Movement of animals and animal products from or to a holding where an outbreak of foot-and-mouth disease is suspected

(1) The Regional Veterinary Administration, in accordance with Articles 13 and 49 (1) (d) of the Act, shall prohibit movements from and to holdings suspected of an outbreak of foot-and-mouth disease in addition to the protection and control measures provided for in Article 5, in particular:

(a) the movement of meat, carcases, meat products, milk, milk products, semen, egg cells and embryos of animals of susceptible species, feedingstuffs, tools, articles and other materials such as wool, hides and skins, bristles, confiscates of animal origin, manure, slurry, urinals, as well as any other objects and materials which could transfer the foot-and-mouth disease virus from the holding;

(b) movements of animals of species not susceptible to foot-and-mouth disease;

(c) entry and exit of persons into and out of the holding;

(d) the entry and exit of means of transport into and out of the holding.

(2) In the event of difficulties in the storage of milk on the holding, the Regional Veterinary Administration may, in accordance with Articles 13 and 49 (1) (d) of the Act, order the destruction of milk on the holding, or authorise its transport from the holding to the nearest possible place of disposal or treatment to ensure the destruction of the foot-and-mouth disease virus, under the supervision of an official veterinarian, by means of transport equipped to ensure that the foot-and-mouth disease virus does not spread.

(3) However, the Regional Veterinary Administration may, in accordance with Article 49 (1) (g) of the Act, proceed differently from paragraph 1 (b), (c) and (d) and authorise movements from and to the holding provided that all necessary conditions are complied with to prevent the spread of the foot-and-mouth disease virus.

§ 7

Extension of measures to other farms

(1) The protective and control measures referred to in paragraphs 5 and 6 may also be applied in relation to other holdings where the location, construction and arrangement or contact with animals from the holding referred to in paragraph 5 justify a suspicion of contamination.

(2) The Regional Veterinary Administration shall apply the protection and control measures referred to in Articles 5 and 6 (1) also to the premises or means of transport referred to in Article 17 where the presence of animals of susceptible species in those premises or means of transport leads to a reasonable suspicion or contamination of the animal disease.

§ 8

Temporary surveillance zone

(1) The Regional Veterinary Administration may, in accordance with Articles 13 and 49 (1) (d) or (c) of the Act, define a zone of temporary surveillance where the epidemiological situation so requires, in particular in cases of high concentration of animals of susceptible species, intensive movement of animals or movement of persons in contact with animals of susceptible species, delayed notification of suspected presence of foot-and-mouth disease, or incomplete information on the origin and possible routes of introduction of the foot-and-mouth disease virus.

(2) In relation to holdings where animals of susceptible species are kept and located in the temporary surveillance zone, at least the protection and control measures referred to in Articles 5 (1) (a), (b) and (d) and 6 (1) shall apply.

(3) The protection and control measures applied in the temporary surveillance zone may be supplemented by a temporary ban on any movement of any animals to a large part or to the whole territory of the Czech Republic. However, the duration of the prohibition on movements of animals of species not susceptible to foot-and-mouth disease shall not exceed 72 hours except in cases justified by exceptional circumstances.

§ 9

Recovery programme

(1) The Regional Veterinary Administration may, on the basis of epidemiological information or other evidence and in accordance with Article 49 (1) (d) of the Act, establish a programme for the recovery, including the preventive killing of animals of susceptible species which are kept on the holding and which could be contaminated, as well as, if necessary, animals which are kept in epidemiological related units or in immediate neighbouring holdings.

(2) Where the procedure referred to in paragraph 1 is followed, samples shall be taken and clinical examinations of animals of susceptible species shall be carried out at least in accordance with point 2.1.1.1. of Annex 3 to this Regulation.

(3) The State Veterinary Administration shall, in accordance with Article 48 (1) (o) (2) of the Act, inform the Commission of the protection and enforcement measures provided for in paragraphs 1 and 2 prior to their introduction.

§ 10

Duration of the measure

The protective and control measures referred to in paragraphs 5 to 8 may be lifted only after the official exclusion of the suspected foot-and-mouth disease.

Oddíl 2

Measures in case of confirmation of an outbreak of foot-and-mouth disease

§ 11

Protection and control measures in case of confirmation of an outbreak of foot-and-mouth disease

(1) Where an outbreak of foot-and-mouth disease has been officially confirmed on the holding, the Regional Veterinary Administration shall, in accordance with Articles 15 and 49 (1) (d) of the Act, without delay order additional protection and control measures in addition to the protection and control measures referred to in Articles 5 to 7:

(a) the culling (on site) of all animals of susceptible species kept on the holding. However, in exceptional circumstances, such animals may be killed at the nearest place designated for that purpose, under the supervision of an official veterinarian, in such a way as to avoid the risk of spreading the foot-and-mouth disease virus during the transport and consumption of animals. The State Veterinary Administration shall inform the Commission of such exceptional circumstances and of the measures taken in accordance with Section 48 (1) (o) (2) of the Act;

(b) the collection of a sufficient number of appropriate samples necessary for the epidemiological investigation referred to in Article 14 by an official veterinarian prior to or during the slaughter of animals of susceptible species as referred to in point 2.1.1.1. of Annex 3 to this Regulation. However, in the event of a secondary outbreak of foot-and-mouth disease which means an outbreak that is epidemiologically related to the primary outbreak of that disease, in which samples have already been taken in sufficient numbers in accordance with Article 5 (1) necessary for the epidemiological investigation referred to in Article 14, the Regional Veterinary Administration may refrain from further sampling;

(c) the destruction and processing of carcases of animals of susceptible species killed on the holding or killed under the supervision of an official veterinarian in such a way as to prevent any risk of spreading the foot-and-mouth disease virus. If, for special reasons, these carcases must be buried or burned, whether on site or elsewhere, they must be carried out in accordance with the instructions set out in advance in the contingency plans referred to in Section 68;

(d) the separate location of all the products and materials referred to in Article 5 (2) (c) until the possibility of contamination or until treatment has been carried out, as instructed by the official veterinarian, in such a way as to ensure the destruction or processing of the foot-and-mouth disease virus.

(2) After the slaughter of animals of susceptible species and the processing of their carcases and the implementation of the protective and control measures referred to in paragraph 1 (d), the Regional Veterinary Administration shall ensure that:

(a) the buildings used for housing animals of susceptible species, their surroundings and the means of transport used for the transport of animals, as well as other buildings, any equipment and materials which might be contaminated have been cleaned and disinfected in accordance with Article 12;

(b) housing or office premises on the holding are also disinfected by appropriate means if there is reason to believe that they may have been contaminated with foot-and-mouth disease virus;

(c) the repopulation of the holding, which is the start of the rearing of animals on the holding, has been carried out in accordance with Annex 5 to this decree.

§ 12

Cleaning and disinfection

(1) The cleaning and disinfection procedures which form an integral part of the protection and control measures provided for in this Decree must be:

(a) carried out in accordance with the principles and procedures laid down in Annex 4 to this Regulation, with guidance from the Regional Veterinary Administration and under the supervision of an official veterinarian, using disinfectants and their concentrations authorised in accordance with specific legislation7), in a manner ensuring the destruction of the foot-and-mouth disease virus;

(b) be carried out, including pest control, in such a way as to reduce as far as possible the adverse effects on the environment;

(c) duly registered in a manner approved by an official veterinarian.

(2) Available disinfectants are used for cleaning and disinfection, which have the highest possible disinfectant effects and the least harmful effects on human health and the environment.

§ 13

Detection and treatment of products and materials derived from or in contact with animals infected with foot-and-mouth disease

The Regional Veterinary Administration, in accordance with § 15 and § 49 (1) (d) of the Act, shall further order that the products and materials referred to in § 5 (2) (c), derived from animals or animals of susceptible species and originating from a holding in which an outbreak of foot-and-mouth disease has been confirmed, as well as semen, ova and embryos obtained from animals of susceptible species present on that holding during the period between the probable introduction of foot-and-mouth disease into that holding and the introduction of protective and control measures, be traced and processed, or, if material other than semen, egg cells and embryos - treated, under the supervision of an official veterinarian, in a manner ensuring the destruction of the foot-and mouth disease virus, and the risk of its spread.

§ 14

Epizootic investigation

(1) The epidemiological investigations concerning outbreaks of foot-and-mouth disease shall be carried out separately for this purpose by the official veterinarian on the basis of questionnaires prepared in the framework of national contingency plans for measures to maintain a high level of alert and preparedness for foot-and-mouth disease, as well as the protection of the environment ("contingency plan") referred to in Article 68, in such a way as to ensure consistency, speed and focus of the investigation. The epidemiological investigation shall in particular:

(a) the period during which foot-and-mouth disease may have been present on the holding before it was suspected or reported;

(b) the possible origin of the foot-and-mouth disease virus on the holding and the identification (s) of other holdings where animals suspected of being infected or suspected of being contaminated with the foot-and-mouth disease virus from the same source;

(c) the possible extent of contamination or contamination of animals of susceptible species other than bovine and porcine species;

(d) the movement of animals, persons, means of transport, products and materials referred to in Article 5 (2) (c) by which the foot-and-mouth disease virus may be transmitted from or to the holding.

(2) The State Veterinary Administration shall, in accordance with Articles 10 (2) and 48 (1) (o) (2) of the Act, inform the Commission and the other Member States of the epidemiological situation and spread of the foot-and-mouth disease virus and shall regularly update that information, depending on developments in the situation.

§ 15

Additional measures in case of confirmation of an outbreak of foot-and-mouth disease

(1) The Regional Veterinary Administration may, in accordance with Articles 15 and 49 (1) (d) of the Act, order that animals of species not susceptible to foot-and-mouth disease present on a holding where an outbreak of foot-and-mouth disease has been confirmed be killed and that their carcases are disposed of and processed. However, this does not apply when it comes to animals which:

(a) may be isolated, effectively cleaned and disinfected; and

(b) are individually identified, in the case of equidae in accordance with European Union rules, in such a way as to control their movement.

(2) The Regional Veterinary Administration may, in accordance with Articles 15 and 49 (1) (d) of the Act, order the protection and control measures referred to in Article 11 (1) (a) and in relation to the epidemiological units or immediately adjacent holdings where epidemiological information or other evidence justifies a suspicion of possible contamination. Samples shall be taken and clinical examinations of animals of susceptible species shall be carried out in accordance with point 2.1.1.1. of Annex 3 to this Regulation.

(3) In accordance with Article 48 (1) (o) (2) of the Act, the State Veterinary Administration shall inform the Commission, if possible, of the protection and enforcement measures referred to in paragraph 2 before their introduction.

(4) In the event of confirmation of a primary outbreak of foot-and-mouth disease, the Regional Veterinary Administration shall without delay take all measures necessary for emergency vaccination in the territory of at least the same size as the surveillance zone defined in accordance with Section 20. It may also take the safeguard and enforcement measures referred to in paragraphs 8 and 9.

Oddíl 3

Measures in specific cases

§ 16

Measures close to or within certain specific areas where animals of susceptible species are kept temporarily or permanently

(1) Where an outbreak of foot-and-mouth disease threatens the infection of animals of susceptible species in the breeding of experimental animals (2), the zoo, the natural reserve or the enclosed area, or in establishments approved under special legislation8), and where such animals are kept for scientific purposes or for reasons of conservation of species or genetic resources of livestock, the Regional Veterinary Administration shall, in accordance with Articles 15 and 49 (1) (d) of the Act, take all protective and control measures necessary for the protection of those animals from infection. Such measures may include restrictions on the entry into or the subordination to specific conditions.

(2) Where an outbreak of foot-and-mouth disease is confirmed at one of the places referred to in paragraph 1, the Regional Veterinary Administration may, in accordance with Article 49 (1) (g) of the Act, take protective and control measures different from those referred to in Article 11 (1) (a) provided that the essential interests of the European Union, in particular the health status of the other Member States, are not jeopardised and that all necessary measures are taken to prevent the spread of the foot-and-mouth disease virus.

(3) The State Veterinary Administration shall immediately inform the Commission of the procedure laid down in paragraph 2, in accordance with Article 48 (1) (o) (2) of the Act. In the case of genetic resources of livestock, this information shall include a reference to the list of holdings referred to in Article 73 (2) (f) on the basis of which the competent authority shall determine in advance those holdings as a breeding basis for animals of susceptible species necessary for the maintenance of the breed.

§ 17

Measures at slaughterhouses, border veterinary centres and means of transport

(1) If a case of foot-and-mouth disease is confirmed in a slaughterhouse, border veterinary station or means of transport, the Regional Veterinary Administration shall, in accordance with Articles 15 and 49 (1) (d) of the Act, without delay order the following protective and control measures:

(a) the culling of all animals of susceptible species present at those places;

(b) the destruction and processing of the carcases of the animals referred to in (a) under the supervision of an official veterinarian in such a way as to prevent any risk of spreading the foot-and-mouth disease virus;

(c) the disposal and processing of other confiscates of animal origin, including offal, of animals infected or suspected of being infected or suspected of being contaminated under the supervision of an official veterinarian in a manner that prevents any risk of spreading the foot-and-mouth disease virus;

(d) disinfection of manure, slurry and urinals which may be moved for further treatment only in accordance with European Union legislation (9);

(e) cleaning and disinfection of buildings, equipment and means of transport in accordance with Section 12 and the instructions of the Regional Veterinary Administration, under the supervision of an official veterinarian;

(f) carrying out an epidemiological inquiry pursuant to Article 14.

(2) The Regional Veterinary Administration shall also order, in accordance with Articles 15 and 49 (1) (d) of the Act, that:

(a) the protection and control measures referred to in Article 19 have been implemented in the contact holdings;

(b) no animals shall be allowed to be slaughtered, inspected or transported to the premises or means of transport referred to in paragraph 1 for at least 24 hours after completion of the cleaning and disinfection referred to in paragraph 1 (e); and

(c) where the epidemiological situation so requires, in particular where there is suspicion of contamination of animals of susceptible species in holdings close to the premises or means of transport referred to in paragraph 1, is different from § 2 (b). (b) the second sentence shall indicate the occurrence of an outbreak of foot-and-mouth disease in the premises or means of transport referred to in paragraph 1 and that the protection and control measures referred to in paragraphs 11 and 20 are implemented.

Oddíl 4

Holdings consisting of epidemiologically separated units and contact holdings

§ 18

Holdings consisting of epidemiological separate units

(1) If the infected holding consists of two or more separate units, the Regional Veterinary Administration may, in an exceptional case and after a thorough assessment of the risk in accordance with § 49 (1) (g) of the Act, proceed differently from § 11 (1) (a) in relation to those units of that holding which are not affected by foot-and-mouth disease.

(2) However, the procedure provided for in paragraph 1 shall be possible only if the official veterinarian confirms in the investigation referred to in Article 5 (1) that the following conditions preventing the spread of the foot-and-mouth disease virus between the units referred to in paragraph 1 have been complied with on the holding for at least twice the incubation period:

(a) the structure, including administration, and the size of the premises allow for the complete separation of housing and treatment of different herds of animals of susceptible species, including separate airspace;

(b) activities in different units, in particular stables and grazing, animal feeding and manure, slurry and urinals, are completely separated and carried out by different personnel;

(c) machinery, animals of species not susceptible to foot-and-mouth disease, used for work, equipment, equipment, tools and disinfectants used in units shall be completely separated from each other.

(3) A procedure different from Article 11 (1) (d) relating to milk may be authorised by milk-producing holdings provided that:

(a) those holdings comply with the conditions laid down in paragraph 2;

(b) the milking is carried out in each unit separately; and

(c) the milk is subjected to at least one of the treatments described in Part A or B of Annex 9 to this Decree, depending on its continued use.

(4) Where the Regional Veterinary Administration authorises the different procedure referred to in paragraph 1, it shall also lay down detailed rules for its application.

(5) The State Veterinary Administration shall inform the Commission, in accordance with Section 48 (1) (o) (2) of the Act, of the application of the different procedure referred to in paragraph 1 and of the details of the measures taken.

§ 19

Contact holding

(1) The holding shall be considered to be a contact if the official veterinarian finds or considers, on the basis of confirmed data, that a foot-and-mouth disease virus may have been introduced into that holding due to the movement of persons, animals, products of animal origin, means of transport or other means of transport either from another holding to a holding referred to in § 5 (1) or from a holding referred to in § 5 (1) or 11 (1) to another holding.

(2) The Regional Veterinary Administration shall ensure, in accordance with Articles 15 and 49 (1) (d) of the Act, that:

(a) the protection and enforcement measures referred to in Articles 5 (2) and 5 (6) have been applied in relation to the contact holdings until the suspected presence of foot-and-mouth disease virus in the contact holding is ruled out in accordance with the criteria set out in Annex 1 to this Regulation and the outcome of the investigation in accordance with the requirements set out in point 2.1.1.1. of Annex 3 to this Regulation;

(b) no animals are moved from the contact holding for a period corresponding to the incubation period referred to for the species concerned in Section 2 (f). However, in accordance with Article 49 (1) (g) of the Act, the Regional Veterinary Administration may authorise the transport of animals of susceptible species under the supervision of an official veterinarian directly to a designated nearest slaughterhouse for the purpose of necessary slaughter, in accordance with Article 49 (1) (d). However, before such transport is authorised, at least the clinical examinations of all animals of susceptible species on the holding referred to in point 1 of Annex 3 to this Regulation shall be carried out by the official veterinarian.

(3) If the Regional Veterinary Administration concludes that the epidemiological situation allows for this, it may recognise as contact holdings within the meaning of paragraph 1 one epidemiological unit of the holding, including the animals present there, but only if the epidemiological unit complies with the requirements of § 18.

(4) If the epidemiological link between the outbreak of foot-and-mouth disease and the premises or means of transport referred to in Articles 16 and 17 cannot be excluded, the Regional Veterinary Administration shall ensure that the protection and control measures referred to in Articles 5 (1) and (2) and 6 and, where appropriate, Article 9 are applied in relation to such premises and means of transport.

Oddíl 5

Protection and surveillance zones

§ 20

Establishment of protection and surveillance zones

(1) If an outbreak of foot-and-mouth disease has been confirmed, the Regional Veterinary Administration shall, in accordance with Articles 15 and 49 (1) (d) and (c) of the Act, without delay

(a) establish around this outbreak a protection zone with a radius of not less than 3 km and a surveillance zone with a radius of not less than 10 km. In defining the two zones, account shall be taken of administrative boundaries, natural obstacles, control options and scientific knowledge, enabling the probable spread of the foot-and-mouth disease virus by air or other means to be predicted. Following consideration of those criteria, the boundaries of the zones may be adjusted as necessary;

(b) ensure the identification of the protection and surveillance zones with sufficient warning signs on roads at the points of entry into those zones;

(c) ensure that the animals moved from the two zones are traced as quickly as possible within a period of at least 21 days before the date considered to be the start of the disease on a holding situated in the protection zone, as well as the finding of fresh meat, meat products, raw milk and raw milk products originating in the protection zone and produced between the date of the expected introduction of the foot-and-mouth disease virus into the holding and the date of entry into force of the protection and control measures referred to in point (a), and their treatment in accordance with paragraphs 24, or 25 and 26 respectively, or their suspension until their possible contamination with the foot-and mouth disease virus has been officially excluded;

(d) organise synergies with the relevant crisis management authority (10) and the expert group referred to in Article 74 in carrying out the epidemiological inquiry referred to in Article 14 and the protection and control measures provided for in this Decree.

(2) In accordance with Article 48 (1) (o) (2) and (3) of the Act, the State Veterinary Administration shall cooperate with the competent authorities of the other Member States in tracing animals and fresh meat, meat products, raw milk and raw milk products referred to in paragraph 1 (c) and shall inform the Commission and the other Member States of the results of such tracing.

§ 21

Measures on holdings in the protection zone

(1) The Regional Veterinary Administration, in accordance with Articles 15 and 49 (1) (d) or (c) of the Act, shall ensure that the following protection and enforcement measures are applied in the protection zone:

(a) an inventory of all holdings with animals of susceptible species in the protection zone, kept up to date, and an inventory of all animals kept on those holdings;

(b) a prohibition on the movement of animals of susceptible species from the holding on which they are kept. However, in accordance with Article 49 (1) (g) of the Act, the Regional Veterinary Administration may authorise their direct transport to slaughterhouses situated in the same protection zone, or, if there are no slaughterhouses in that zone, to slaughterhouses designated by it under the supervision of an official veterinarian, by means of transport which are cleaned and disinfected after each transport operation under the control of an official veterinarian. However, such transport may be authorised only after a clinical examination of all animals of susceptible species present on the holding carried out by an official veterinarian in accordance with point 1 of Annex No 3 to this Regulation and after an examination of the epidemiological circumstances, provided that such examination and assessment confirm that there is no reason to suspect the presence of infected or contaminated animals on the holding. Meat of such slaughtered animals shall be subject to the measures provided for in Article 24.

(2) The Regional Veterinary Administration shall, in the course of the exercise of national veterinary supervision, carry out regular checks on all holdings with animals of susceptible species in the protection zone in a manner preventing the spread of the foot-and-mouth disease virus which could be present on those holdings. The checks shall focus on the relevant documentation, in particular the inventories referred to in paragraph 1 (a), and on protective and control measures applied to prevent the introduction or release of foot-and-mouth disease virus. They may also include the clinical examinations referred to in point 1 of Annex 3 to this Regulation or sampling from animals of susceptible species as referred to in point 2.1.1.1. of Annex 3 thereto.

§ 22

Movement and transport of animals and their products in the protection zone

The Regional Veterinary Administration, in accordance with Articles 15 and 49 (1) (d) and (c) of the Act, provides for a prohibition in the protection zone

(a) the movement of animals and their products between holdings and the transport of animals of susceptible species in the zone;

(b) the holding of markets, exhibitions and other routes of animals of susceptible species, including their collection and trafficking;

(c) the acceptance of animals of susceptible species, where such movements occur;

(d) artificial insemination and collection of ova and embryos of animals of susceptible species.

Citation	Decree No. 389 / 2004 Coll., on measures to control and prevent foot-and-mouth disease and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended by Decree No. 356 / 2004 Coll.
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	30.06.2004
Effective from	01.07.2004
Effective until	-
Status	Valid

Decree No. 389 / 2004 Coll.

Decree on measures to control and prevent foot-and-mouth disease and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended by Decree No. 356 / 2004 Coll.

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