PART I

GENERAL RULES
CHAPTER 2

Listed diseases and emerging diseases and listed species

Disease prevention and control rules to be applied to different categories of listed diseases
Article 9
1
Disease prevention and control rules shall apply to listed diseases as follows:
a
As regards listed diseases that do not normally occur in the Union and for which immediate eradication measures must be taken as soon as they are detected, the following rules shall apply, as relevant:
1. the rules for disease awareness and preparedness provided for in Title I of Part III (Articles 43 to 52);
2. the disease control measures provided for in Chapter 1 of Title II of Part III (Articles 53 to 71); and
3. the rules for compartmentalisation provided for in Article 37(1).
For those listed diseases, the measures referred to in point (b), as appropriate, as well as points (d) and (e), shall also apply, as relevant.
b
As regards listed diseases which must be controlled in all Member States with the goal of eradicating them throughout the Union, the following rules shall apply, as relevant:
1. the rules for compulsory eradication programmes provided for in Article 31(1);
2. the rules for disease–free Member States and zones provided for in Article 36;
3. the rules for compartmentalisation provided for in Article 37(2); and
4. the disease control measures provided for in Articles 72 to 75, Articles 77 to 79 and Articles 81 and 83.
For those listed diseases, the measures referred to in points (d) and (e) shall also apply, as relevant.
c
As regards listed diseases which are of relevance to some Member States and for which measures are needed to prevent them from spreading to parts of the Union that are officially disease-free or that have eradication programmes for the listed disease concerned, the following rules shall apply, as relevant:
1. the rules for optional eradication provided for in Article 31(2);
2. the rules for disease–free Member States and zones provided for in Article 36;
3. the rules for compartmentalisation provided for in Article 37(2); and
4. the rules for disease control measures provided for in Articles 76, 77, 78, 80, 82 and 83.
For those listed diseases, the measures referred to in points (d) and (e) shall also apply, as relevant.
d
As regards listed diseases for which measures are needed to prevent them from spreading on account of their entry into the Union or movements between Member States, the following rules shall apply, as relevant:
1. the rules for movement within the Union provided for in Chapters 3 to 6 of Title I (Articles 124 to 169), Chapters 2 and 3 of Title II of Part IV (Articles 191 to 225) and Chapters 2 and 3 of Part VI (Articles 247 to 251); and
2. the rules for entry into the Union and export from the Union provided for in Part V (Articles 229 to 243).
The listed diseases referred to in points (a), (b) and (c) shall also be considered as listed diseases under this point, as well as those referred to in point (e), where the risk posed by the disease in question can be effectively and proportionately mitigated by measures concerning movements of animals and products.
e
As regards listed diseases for which there is a need for surveillance within the Union, the following rules shall apply, as relevant:
1. the rules for notification and reporting provided for in Chapter 1 of Part II (Articles 18 to 23); and
2. the rules for surveillance provided for in Chapter 2 of Part II (Articles 24 to 30).
The listed diseases referred to in points (a), (b) and (c) shall also be considered as listed diseases under this point.
2
The Commission shall, by means of implementing acts, determine the application of the disease prevention and control rules referred to in paragraph 1 to the respective listed diseases on the basis of the criteria set out in Annex IV, also in the light of newly available significant scientific data.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
3
The Commission shall, by means of implementing acts, modify the application of the disease prevention and control rules referred to in paragraph 2 to the respective listed diseases when the disease in question no longer fulfils the criteria laid down in the relevant Section of Annex IV, also in the light of newly available significant scientific data.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).
4
On duly justified imperative grounds of urgency relating to a listed disease representing an emerging risk having a highly significant impact, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 266(3).