PART IGENERAL RULES

CHAPTER 2 Listed diseases and emerging diseases and listed species

Article 5Listing of diseases

1.

The disease-specific rules for the prevention and control of diseases provided for in this Regulation shall apply to:

(a)

the following listed diseases:

  1. (i)

    foot and mouth disease;

  2. (ii)

    classical swine fever;

  3. (iii)

    African swine fever;

  4. (iv)

    highly pathogenic avian influenza;

  5. (v)

    African horse sickness; and

(b)

the listed diseases set out in the list in Annex II.

2.

The Commission shall adopt delegated acts in accordance with Article 264 concerning amendments to the list referred to in point (b) of paragraph 1 of this Article.

3.

A disease shall be included on the list referred to in point (b) of paragraph 1 of this Article if it has been assessed in accordance with Article 7 and it meets:

(a)

all of the following criteria:

  1. (i)

    scientific evidence indicates that the disease is transmissible;

  2. (ii)

    animal species are either susceptible to the disease or vectors and reservoirs thereof exist in the Union;

  3. (iii)

    the disease causes negative effects on animal health or poses a risk to public health due to its zoonotic character;

  4. (iv)

    diagnostic tools are available for the disease; and

  5. (v)

    risk-mitigating measures and, where relevant, surveillance of the disease are effective and proportionate to the risks posed by the disease in the Union; and

(b)

at least one of the following criteria:

  1. (i)

    the disease causes or could cause significant negative effects in the Union on animal health, or poses or could pose a significant risk to public health due to its zoonotic character;

  2. (ii)

    the disease agent has developed resistance to treatments which poses a significant danger to public and/or animal health in the Union;

  3. (iii)

    the disease causes or could cause a significant negative economic impact affecting agriculture or aquaculture production in the Union;

  4. (iv)

    the disease has the potential to generate a crisis or the disease agent could be used for the purpose of bioterrorism; or

  5. (v)

    the disease has or could have a significant negative impact on the environment, including biodiversity, of the Union.

4.

The Commission shall adopt delegated acts in accordance with Article 264 concerning the removal of a disease from the list referred to in point (b) of paragraph 1 of this Article when that disease no longer fulfils the criteria provided for in paragraph 3 of this Article.

5.

The Commission shall review the listing of each disease in the light of newly available significant scientific data.