Decree No. 416 / 2012 Coll.
Decree amending Decree No. 382 / 2003 Coll., on animal health requirements for trade in animals and the animal health conditions governing their importation from third countries, as amended
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416
DECLARATION
of 22 November 2012
amending Decree No 382 / 2003 Coll., on animal health requirements for trade in animals and the animal health conditions governing their importation from third countries, as amended
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., Act No. 316 / 2004 Coll., Act No. 48 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 227 / 2009 Coll. and Act No. 308 / 2011 Coll., to implement Sections 8 (5), § 10 (3) (e), § 28 (5), § 31 (3) (a) and § 34 (5):
Decree No. 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions for imports from third countries, as amended by Decree No. 260 / 2005 Coll. and Decree No. 156 / 2006 Coll., is amended as follows:
1. in § 1 (1) of the introductory part of the provision, § 10 (1) of the introductory part of the provision, § 53, § 56 (c) and (f), § 79 and § 80, the words "European Communities" are replaced by the words "European Union."
2. In Article 3, the second sentence is deleted.
3. In Article 11, the words "the European Community 'are replaced by the words" the European Union' and the words "to be determined by decision of the institutions of the European Union 'are replaced by the words" the Commission'.
4. Paragraph 12, including footnote 17, reads:
The dispatch of pigs intended for Member States or regions thereof free of Aujeszky's disease as listed in the Annex I Commission Decision laying down further guarantees concerning Aujeszky's disease in intra-Community trade in pigs and laying down criteria for the provision of information on this cassette 17), originating in other Member States or regions not listed in the Annex to this Decision, is only authorised under the conditions set out in Annex 3 to this Decision.
17) Commission Decision 2008 / 185 / EC of 21 February 2008 laying down further guarantees concerning Aujeszky's disease in intra-Community trade in pigs and criteria for the provision of information on that disease, as amended. '
5. Paragraph 14, including the title and footnote 18, reads:
Specific animal health guarantees for trade in bovine animals concerning infectious bovine rhinotracheitis
Cattle coming from Member States or regions other than those listed in Annex II to Commission Decision implementing Council Directive 64 / 432 / EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of eradication programmes proposed by certain Member States (18) and intended for Member States or regions listed in Annex II to this Decision shall comply with the conditions set out in Annex 6 to this Regulation.
(18) Commission Decision 2004 / 558 / EC of 15 July 2004 implementing Council Directive 64 / 432 / EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of eradication programmes proposed by certain Member States, as amended. "
6. in Article 15b (1) (b), the words "by the direction or station 13a" shall be replaced by the words "by the assembly centre or inspection post."
footnote 13a is deleted.
7. In Section 15d of the introductory part of the provision, the words "other premises and facilities' are replaced by the words" and other premises'.
8. in § 15d (c) (2):
'2. appropriate premises for the loading and unloading of animals and, if necessary, for housing, feeding, feeding and necessary treatment of animals; the premises shall be clean and disinfected, ';
9. In Article 16 (b) (3), the words "in accordance with the guidelines of the State Veterinary Administration 'are deleted.
10. In Article 20, the words "and the designation 'shall be added at the end of the text of paragraph 1.
11. in Article 27 (1) (a) (3):
'3. During the 72 hours preceding dispatch, it was subjected to a veterinary examination carried out by the treating veterinarian in which no clinical signs of disease were detected, or to any suspicion of a disease to which the poultry is susceptible, or to a veterinary examination carried out by the treating veterinarian each month, not more than 31 days before dispatch. In this case, during the 72 hours preceding dispatch, the records of the poultry health status must be checked and the current health status assessed on the basis of current information provided by the breeder. Where the records or information provided indicate a suspected disease to which the poultry are susceptible, further veterinary checks shall be carried out by the official veterinarian to prevent the possible presence of the disease, '.
12. in Paragraph 29 (b), the words "official veterinarian" shall be replaced by the words "attending veterinarian";
13. Sections 30 to 33 are deleted.
14. Paragraph 34 (2) and (3) are deleted and paragraph 1 is deleted.
15. Paragraph 35 (2) reads:
"(2) Paragraph 26 shall not apply to poultry referred to in paragraph 1. ';
16. in § 36 (1) of the introductory part of the provision, the words "§ 26 to 34" are replaced by the words "§ 26 to 29, § 34."
17. in Paragraph 36 (1) (a) (3), "9" is replaced by "8."
18. in Paragraph 36 (1) (b):
"(b) all poultry of one consignment shall have a negative result in the month preceding dispatch of the bacteriological or serological examination for Salmonella pullorum and Salmonella gallinarum in accordance with Annex 7 to this Regulation,"
19. in Article 41 (3), the words "intended for repopulation" shall be inserted after the words "Poultry."
20. in Articles 45 (1) (b) and (c) and 51 (1) of the introductory part of the provision, the words "from the establishment" shall be replaced by "from the undertaking."
21. Paragraph 45 (2) reads:
"(2) Where the animals referred to in paragraph 1 are not accompanied by a health certificate or commercial document, they shall be accompanied by a written declaration certifying that the animals dispatched did not show any apparent signs of disease at the time of dispatch and that the undertaking is not subject to exceptional veterinary measures. ';
22. In Paragraph 46 (2), the words "from a pet breeder 'are replaced by the words" from another breeder'.
23. in Articles 47 (a) and 49 (2) (b), the word "establishment" shall be replaced by "undertaking."
24. in Paragraph 47 (d), the words "from an establishment" shall be replaced by "from an undertaking which."
25. in Articles 47 (e), 49 (1) (b) and (2) (c), 51 (1) (a) and 51 (2), the word "establishment" is replaced by "undertaking."
26. in Article 49 (1) (a):
"(a) come from an undertaking in which avian influenza has not been diagnosed during the 30 days prior to dispatch and from an undertaking or region which is not subject to emergency veterinary measures taken in view of the occurrence or risk of spread of Newcastle disease,"
27. in Article 49 (2) (a):
"(a) it must not come from an undertaking or come into contact with animals from an undertaking in which psitakosis (Chlamydia psittaci) has been diagnosed, unless at least two months have elapsed since the last case found and the duration of the treatment carried out under veterinary supervision has lasted at least 2 months, '.
28.
Foxes and mink
Foxes and mink shall not be traded if they come from an undertaking or have been in contact with animals from an undertaking in which rabies occurs or is suspected to have occurred within 6 months of dispatch and where a systematic vaccination programme is not carried out. ';
(29) Paragraph 54, including footnote 14b, is deleted.
30. in Article 56 (d), (e) and (g), the word 'Community' is replaced by 'European Union';
31. Paragraph 63, including the title, reads:
"Equidae
Unless otherwise specified, animals may be imported from a third country only provided that:
(a) come from a third country or part thereof appearing on the list of third countries and parts thereof from which animals may be imported into the European Union, drawn up and published by the institutions of the European Union,
(b) have been kept in the exporting country in an undertaking with veterinary supervision during the three months prior to dispatch;
(c) have been isolated from animals of a different health status for 30 days prior to dispatch. ';
32. in Article 73 (1) (d), the words "or isolation" shall be inserted after the words "quarantine."
33. in Paragraph 73 (3):
"(3) Where dogs, cats and ferrets are concerned, the animal health conditions for their importation shall be equivalent to those laid down directly by the European Union Regulation (16). These animals shall be accompanied by a health certificate, also stating that 24 hours prior to dispatch, the approved veterinarian has carried out a clinical examination which has shown that the animals are in good health and that they are able to withstand transport to their destination. ';
Article 34 (76) is deleted;
35. in Annex 1 (f), the word "octopus" is replaced by the words "Asian elephants."
36. In Annex 1, the following is added at the end of the text in point (f):
"Ebola
Monkeys' pox
Small hive beetle (Aethina tumida)
Spin Tropilaelaps (Tropilaelaps spp.)
Primates
Rodentia and primates
Bee and bumblebee (Apis and Bombus)
Bee (Apis) '.
37.Annex No 2 is deleted.
38. Annex 3 reads as follows:
"Annex No 3 to Decree No 382 / 2003 Coll.
SPECIFIC VETERINARY GUARANTEES IN THE COMPETITION WITH SWORDS CONCERNING AUJESZKY'S DISEASES
I.
(1) The dispatch of breeding and production pigs intended for Member States or regions thereof free of Aujeszky's disease listed in Part III of this Annex and originating in other Member States or regions not listed in that Annex is permitted only under the following conditions:
(a) Aujeszky's disease must be one of the notifiable diseases in the Member State of origin;
(b) in the Member State or regions of origin, a programme of recovery for Aujeszky's disease meeting the requirements of § 77 of this Decree must be used under the supervision of the competent authority. According to this plan, appropriate measures for the transport and movement of pigs must be applied to prevent the spread of disease between holdings with different health status,
(c) as regards the holding of origin of the pigs:
1. no clinical, pathological or serological evidence of Aujeszky's disease has been recorded in the holding concerned during the previous 12 months,
2. no clinical, pathological or serological evidence of Aujeszky's disease has been recorded in holdings situated within a radius of 5 km around the pig holding of origin in the previous 12 months; However, this provision shall not apply where they are in holdings situated within a radius of 5 km around the holding of origin under the supervision of the competent authority and in accordance with the recovery programme referred to in point (b). (b) measures for the monitoring and eradication of that disease are regularly applied and where such measures effectively prevent any spread of the disease to the holdings concerned;
3. no vaccination against Aujeszky's disease has been carried out for at least 12 months;
4. The pigs have been subjected at least twice at an interval of at least two months to a serological test for the presence of antibodies to the glycoproteins of Aujeszky's disease virus (ADV-gE or ADV-gB or ADV-gD) or to the entire Aujeszky's disease virus. This examination must demonstrate the absence of Aujeszky's disease and, in vaccinated pigs, the absence of antibodies against ADV-gE,
5. in the previous 12 months no pigs from herds with a lower health status of Aujeszky's disease have been included in the herd unless they have been tested with negative results on Aujeszky's disease,
(d) pigs to be moved:
1. have not been vaccinated,
2. have been kept in a stable for 30 days prior to movement in order to avoid the risk of the spread of Aujeszky's disease to those pigs,
3. have lived on a holding of origin or on a holding with an equivalent health status since birth and has remained on a holding of origin at least:
3.3.30 days in the case of commercial pigs,
3.3.90 days for breeding pigs,
4. they have been subjected with negative result to at least two serological tests for at least 30 days for antibodies against ADV- gB or ADV- gD or antibodies against the whole Aujeszky's disease virus. However, in the case of pigs under 4 months of age, a serological test for antibodies against ADV-gE may also be used. Sampling for the last test shall be carried out within 15 days prior to dispatch. The number of pigs tested in isolation shall be sufficiently high to determine:
4.2% seropprevalence with 95% reliability in commercial pigs in isolation,
4.2. 0,1% seropprevalence with 95% reliability in breeding pigs in isolation,
5. however, the first test is not necessary if:
5.1. In the framework of the plan referred to in point (b), a serological test has been carried out on the holding of origin between 45 and 170 days prior to dispatch to demonstrate the absence of antibodies against the entire Aujeszky's disease virus and the absence of antibodies against ADV-gE in vaccinated pigs,
5.2. The pigs to be moved have lived on the holding of origin since birth,
5.3. No pigs were moved to the holding of origin when the pigs to be moved remained in isolation.
(2) The dispatch of pigs for slaughter intended for Member States or regions free of Aujeszky's disease listed in Part III of this Annex and originating in other Member States or regions not listed in that Annex shall be permitted only under the following conditions:
(a) Aujeszky's disease must be one of the notifiable diseases in the Member State of origin;
(b) in a Member State or regions of origin, a recovery programme for Aujeszky's disease meeting the requirements of § 77 of this Decree must be applied;
(c) all pigs concerned must be transported directly to the slaughterhouse of destination and either:
1. come from a holding which fulfils the conditions laid down in paragraph 1 (c); or
2. have been vaccinated against Aujeszky's disease for at least 15 days prior to dispatch and come from a holding of origin where:
2.1. Measures for the monitoring and eradication of Aujeszky's disease have been regularly applied in the framework of the plan referred to in point (b) under the supervision of the competent authority in the previous 12 months,
2.2. These pigs have remained for at least 30 days prior to dispatch and no clinical or pathological evidence of the disease was found at the time of completion of the veterinary certificate; or
3. have not been vaccinated and come from holdings where:
3.1. the measures for the monitoring and eradication of Aujeszky's disease have been regularly applied under the supervision of the competent authority in the previous 12 months and no clinical, pathological or serological evidence of Aujeszky's disease has been recorded in the previous 6 months;
3.2. vaccination against Aujeszky's disease and the introduction of vaccinated pigs into breeding shall be prohibited as the holding is in accordance with the plan referred to in point (b) seeking to achieve a higher health status of Aujeszky's disease,
3.3. These pigs lived at least 90 days before dispatch.
(3) Breeding pigs intended for Member States or regions listed in Part II of this Annex where approved programmes for the eradication of Aujeszky's disease are used must either:
(a) originate in the Member States or regions listed in Part III of this Annex; or
(b) origin
1. the Member States or regions listed in Part II of this Annex; and
2. from a holding which fulfils the conditions laid down in paragraph 1 (c); or
(c) satisfy the following conditions:
1. Aujeszky's disease must be one of the notifiable diseases in the Member State of origin,
2. a plan for the control and eradication of Aujeszky's disease is used in the Member State or region of origin, which meets the criteria laid down in Section 5 of Decree No 299 / 2003 Coll.,
3. no clinical, pathological or serological evidence of Aujeszky's disease has been recorded on the holding of origin of the pigs concerned during the previous 12 months,
4. pigs must be kept in isolation in the stable for 30 days immediately prior to movement in order to avoid the risk of Aujeszky's disease spreading;
5. the pigs had to be subjected with negative result to a serological test for antibodies against ADV-gE. Sampling for the last test shall be carried out within 15 days prior to dispatch. The number of pigs tested must be high enough to detect 2% seropreprevalence with 95% reliability in those pigs,
6. pigs must have lived on a holding of origin since birth or on a holding having an equivalent health status for at least 90 days.
(4) Use pigs intended for Member States or regions listed in Part II of this Annex where approved programmes for the eradication of Aujeszky's disease are used shall either:
(a) originate in the Member States or regions listed in Part III of this Annex; or
(b) originate from:
1. Member States or regions listed in Part II of this Annex,
2. a holding which meets the requirements of paragraph 1 (c); or
(c) satisfy the following conditions:
1. Aujeszky's disease must be one of the notifiable diseases in the Member State of origin,
2. a plan for the control and eradication of Aujeszky's disease is used in the Member States or region of origin which meets the criteria laid down in Section 5 of Decree No 299 / 2003 Coll.,
3. no clinical, pathological or serological evidence of Aujeszky's disease has been recorded on the holding of origin of the pigs concerned during the previous 12 months,
4. a serological examination for Aujeszky's disease has been carried out on the holding of origin between 45 and 170 days before dispatch, demonstrating the absence of that disease and the absence of antibodies against ADV-gE in vaccinated pigs,
5. pigs must either have lived on the holding of origin since birth or have been present on those holdings at least 30 days after arriving from a holding having an equivalent health status in which a serological examination comparable to one of the serological examinations referred to in point 4 was carried out.
(5) Serological examinations carried out in accordance with this Decree to monitor or detect Aujeszky's disease in pigs must comply with the following requirements:
(a) the tests referred to in (b) and (c) must be carried out before the test and the examination referred to in (d) has been approved and then carried out at least on each batch;
(b) the sensitivity of the test shall be such that the following reference sera are positive:
1. Community reference serum ADV 1 at 1: 8 dilution,
2. the Community reference serum ADV-gE A,
3. Community reference serum ADV- gE B,
4. Community reference serum ADV-gE C,
5. Community reference serum ADV- gE D,
6. Community reference serum ADV-gE E,
7. Community reference serum ADV- gE F,
(c) the specificity of the test shall be such that the following reference sera are negative:
1. the Community reference serum ADV-gE G,
2. the Community reference serum ADV-gE H,
3. Community reference serum ADV- gE J,
4. Community reference serum ADV- gE K,
5. Community reference serum ADV- gE L,
6. Community reference serum ADV-gE M,
7. Community reference serum ADV- gE N,
8. Community reference serum ADV- gE O,
9. Community reference serum ADV- gE P,
10. Community reference serum ADV-gEQ,
(d) for batch control, the Community reference serum ADV 1 must be positive at 1: 8 dilution and one of the Community reference sera from ADV- gE G to ADV- gE Q as referred to in (c) must be negative;
(e) for checking the ADV-gB and ADV-gD files, the Community reference serum ADV 1 shall be positive at 1: 2 dilution and the Community reference serum Q, as referred to in (c), shall be negative.
(6) Without prejudice to the provisions of Paragraph 78 (2), information on the presence of Aujeszky's disease, including details of monitoring and eradication programmes used in the Member States listed in Part II of this Annex and in other Member States or regions not listed in that Annex where monitoring and eradication programmes are applied, shall be provided by each Member State at least once a year in accordance with the uniform criteria set out in Annex 4 to this Regulation.
(7) Without prejudice to the provisions laid down in European Union legislation relating to veterinary certificates, before Part C of the veterinary certificate is completed for pigs intended for Member States or regions listed in Part II or III of this Annex, the official veterinarian shall establish:
(a) the health status of the holding and of the Member State or region of origin of the pigs concerned in relation to Aujeszky's disease;
(b) in the case of pigs not coming from a Member State or a zone free of that disease, the health status of the holding and of the Member State or destination of the pigs concerned in relation to Aujeszky's disease;
(c) that those pigs comply with the conditions laid down in this Annex.
(8) In the case of the transport or transit of pigs intended for Member States or regions listed in Part II or III of this Annex, such pigs shall not have contact with pigs with other or unknown Aujeszky's disease status.
II.
MEMBER STATES OR FIELDS OF MEMBER STATES IN WHICH APPROVED AGENCIES FOR AUJESZKY DISEASES ARE USED
The list of Member States or regions thereof in which approved programmes for the recovery of Aujeszky's disease are applied is set out in Annex II to the Commission Decision laying down further guarantees concerning Aujeszky's disease in intra-Community trade in pigs and laying down criteria for the provision of information on this case (17).
III.
MEMBER STATES OR FIELDS OF MEMBER STATES OF EXTENDED AUJESZKY DISEASES IN WHICH EVIDENCE IS GRANTED
The list of Member States or regions thereof free of Aujeszky's disease where vaccination is prohibited is set out in Annex I to the Commission Decision laying down additional guarantees concerning Aujeszky's disease in intra-Community trade in pigs and laying down criteria for the provision of information on that tape (17). '
39. In Annex 4, point 5, footnote (1), the word "series' is replaced by the word" Authority '.
40. Annex 5 shall be deleted;
41.
"Annex 6 to Decree No 382 / 2003 Coll.
SPECIAL VETERINARY GUARANTEES OF TRADE WITH A BOTTLE CONCERNING THE BOTTLE INFERENCE RINOTRACHEITIDES
I.
(1) Breeding and productive bovine animals intended for Member States or regions thereof carrying out a compulsory national programme for the control of infectious bovine rhinotracheitis originating in Member States or regions thereof not listed in Part III of this Annex must comply with at least the following additional guarantees:
(a) must come from a holding in which, according to official information, no clinical or pathological evidence of signs of infectious bovine rhinotracheitis has been found in the last 12 months;
(b) the animals must be placed in an isolation approved by the competent authority for 30 days immediately prior to transport and no bovine animals in one isolation facility may show clinical signs of infectious bovine rhinotracheitis during that period;
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Regulation Information
| Citation | Decree No. 416 / 2012 Coll., amending Decree No. 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions governing their importation from third countries, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2012 |
|---|---|
| Effective from | 01.12.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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