Commission Implementing Decision (EU) 2016/2008Show full title

Article 4 Derogation from the prohibition on the dispatch of live bovine animals and captive wild ruminants from the areas listed in Part I of Annex I

1. By way of derogation from the prohibition provided for in point (a) of Article 3, the competent authority may authorise the dispatch of live bovine animals and captive wild ruminants from holdings situated in the areas listed in Part I of Annex I provided that those animals comply with at least one of the following sets of conditions:

(a) the animals are dispatched to areas listed in Part I or II of Annex I of the same or another Member State or to a third country and comply with the following conditions:

(i)

the animals were vaccinated against lumpy skin disease at least 28 days prior to date of dispatch and come from a holding on which the animals have been resident for a period of at least 28 days and in which all animals of susceptible species have been vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch;

(ii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iii)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(iv)

the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date of its vaccination programme; and

(v)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals are transported in a safe manner and that they are not subsequently dispatched to another Member State or third country; or

(b) the animals are dispatched to any area of the same or another Member State or a third country and comply with the following conditions:

(i)

the animals were vaccinated against lumpy skin disease at least three months prior to the date of dispatch and come from a holding on which all animals of susceptible species were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch;

(ii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iii)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(iv)

the animals have been resident since birth, or for a period of at least 28 days prior to the date of dispatch, on a holding where, in a radius of at least 20 km, no presence of lumpy skin disease has been confirmed during the three months prior to the date of dispatch and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings, located in an area listed in Part I of Annex I in a Member State where all animals in all its areas listed in Part I of Annex I have been vaccinated or revaccinated against lumpy skin disease, in accordance with Annex II, at least three months prior to the date of dispatch and remain within the immunity period of time stated in the specifications of the vaccine by the manufacturer;

(v)

the competent authority at the place of origin has implemented a vaccination programme against lumpy skin disease, which complied with the conditions laid down in Annex II and which was approved by the Commission and it has informed the Commission and the other Member States of commencement date and the completion date of its vaccination programme; and

(vi)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals are transported in a safe manner and that they are not subsequently dispatched to another Member State or third country; or

(c) the animals are dispatched to any area of a Member State or a third country and comply with the following conditions:

(i)

the animals comply with any other appropriate animal health guarantees, based on a positive outcome of a risk assessment of measures against the spread of lumpy skin disease, required by the competent authority of the Member State of the place of origin and approved by the competent authorities of the countries of places of transit and of destination, prior to the date of dispatch of such animals;

(ii)

the animals were vaccinated against lumpy skin disease at least 28 days prior to date of dispatch and come from a holding on which all animals of susceptible species were vaccinated against lumpy skin disease at least 28 days prior to the date of dispatch;

(iii)

all the animals on the holding of origin were clinically checked on the day of loading for dispatch and did not show any clinical symptoms of lumpy skin disease;

(iv)

the animals are not subject to any of the restrictions provided for in Directive 92/119/EEC;

(v)

the animals have been resident since birth, or for a period of at least 28 days prior to date of dispatch, on a holding where, in a radius of at least 20 km no presence of lumpy skin disease has been confirmed during the three months prior to the date of dispatch and before that any confirmation of infection with lumpy skin disease was subject to culling and destruction of all susceptible animals on the affected holdings;

(vi)

a channelling procedure in accordance with Article 12 has been set up, under the control of the competent authorities of the Member States of the places of origin, transit and destination, in order to ensure that the animals, dispatched in accordance with the animal health guarantees provided for in point (i) are transported in a safe manner and are not subsequently dispatched to another Member State or third country;

(vii)

the competent authority at the place of origin is implementing a vaccination programme against lumpy skin disease, which complies with the conditions laid down in Annex II and which has been approved by the Commission and it has informed the Commission and the other Member States of the commencement date of its vaccination programme; and

(viii)

the Member State of the place of origin must immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities provided for in point (i).

2. Where bovine animals and captive wild ruminants comply with the requirements for the derogation provided for in paragraph 1 of this Article, the following additional wording shall be added to the corresponding health certificate for those animals as laid down in Directive 64/432/EEC, or in Decision 93/444/EEC:

‘ …(Animals) in compliance with …(Article 4(1)(a) or (b) or (c), indicate as appropriate) of Commission Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States’.