Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (Text with EEA relevance) (Text with EEA relevance)

PART I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation supplements the rules on disease awareness, preparedness and control to be applied with regard to the listed diseases referred to in Article 9(1)(a), (b) and (c) of Regulation (EU) 2016/429.

Those rules cover the following:

(a) Part II covers kept and wild terrestrial animals, and in particular: (i) Chapter I lays down supplementing rules on disease control measures in the event of suspicion and official confirmation of a category A disease in kept animals as referred to in Articles 53, 54, 55, 58 and 63 of Regulation (EU) 2016/429; (ii) Chapter II lays down supplementing rules regarding the establishment of restricted zones in the event of official confirmation of a category A disease in kept animals as referred to in Article 64 and 67 of Regulation (EU) 2016/429; (iii) Chapter III lays down supplementing rules regarding the repopulation of the restricted zone with kept animals in the event of official confirmation of a category A disease as referred to in Articles 63 and 68 of Regulation (EU) 2016/429; (iv) Chapter IV lays down supplementing rules regarding disease control measures in the event of suspicion and official confirmation of a category A disease in wild animals as referred to in Article 70 of Regulation (EU) 2016/429; (v) Chapter V lays down supplementing rules on disease control measures in the event of suspicion and official confirmation of category B and C diseases in terrestrial animals as referred to in Article 74 and 77 of Regulation (EU) 2016/429;

(b) Part III covers kept and wild aquatic animals, and in particular: (i) Chapter I lays down supplementing rules on disease control measures in the event of suspicion and official confirmation of a category A disease in aquatic animals as referred to in Articles 53, 54, 55, 58 and 63 of Regulation (EU) 2016/429; (ii) Chapter II lays down supplementing rules regarding the establishment of restricted zones in the event of official confirmation of a category A disease in aquaculture animals as referred to in Article 64 and 67 of Regulation (EU) 2016/429; (iii) Chapter III lays down supplementing rules regarding disease control measures in the event of suspicion and official confirmation of a category A disease in wild aquatic animals as referred to in Article 70 of Regulation (EU) 2016/429; (iv) Chapter IV lays down supplementing rules on disease control measures in the event of suspicion and official confirmation of category B and C diseases in aquatic animals as referred to in Article 74 and 77 of Regulation (EU) 2016/429;

(c) Part IV covers final provisions.

Article 2

Definitions

For the purposes of this Regulation, definitions laid down in Regulation (EU) 2018/1882 and Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (¹) shall apply, except where those definitions cover terms that are defined in the second paragraph of this Article.

In addition, the following definitions shall also apply:

(1) ‘means of transport’ means road or rail vehicle, vessels and aircrafts;

(2) ‘day-old chicks’ means poultry less than 72 hours old;

(3) ‘semen’ means the ejaculate of an animal or animals, either in the unaltered state or prepared or diluted;

(4) ‘oocytes’ means the haploid stages of the ootidogenesis including secondary oocytes and ova;

(5) ‘embryo’ means the initial stage of development of an animal while it is capable of being transferred to a recipient dam;

(6) ‘fresh meat’ means meat, minced meat and meat preparations, including vacuum-wrapped or wrapped in a controlled atmosphere, which has not undergone any process other than chilling, freezing or quick-freezing;

(7) ‘carcass of an ungulate’ means the whole body of a slaughtered or killed ungulate after: — bleeding, in the case of slaughtered animals, — evisceration, — removal of the limbs at the carpus and tarsus, — removal of the tail, the udder, the head and the skin, except in porcine animals;

(8) ‘offal’ means fresh meat other than that of the carcass as defined in (7), even if it remains naturally connected to the carcass;

(9) ‘meat products’ means processed products, including treated stomachs, bladders, intestines, rendered fats, meat extracts and blood products, resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

(10) ‘casings’ means the bladders and intestines that after cleaning have been processed by tissue scraping, defatting and washing and have been treated with salt or dried;

(11) ‘colostrum’ means the fluid secreted by the mammary glands of kept animals up to five days post parturition that is rich in antibodies and minerals, and precedes the production of raw milk.

(12) ‘colostrum-based products’ means processed products resulting from the processing of colostrum or from the further processing of such processed products;

(13) ‘safe commodity’ means a commodity that can be moved without the need for risk mitigation measures specifically directed against a particular listed disease regardless of the status of the Member State or zone of origin for that disease;

(14) ‘supply chain’ means an integrated production chain of a common health status as regards listed diseases consisting of a collaborative network of specialised establishments approved by the competent authority for the purpose of Article 45, between which animals are moved to complete the production cycle;

(15) ‘infected zone’ means a zone in which restrictions on the movements of kept and wild animals or products and other disease control and biosecurity measures may be applied with the view to preventing the spread of a category A disease in the event of official confirmation of the disease in wild animals.

Article 3

Clinical examinations, sampling procedures and diagnostic methods

Where clinical examinations of animals are required pursuant to this Regulation in order to confirm or rule out the presence of a category A disease, the competent authority shall ensure that:

(a) the sampling of animals for clinical examination is carried out in accordance with: (i) point A.1 of Annex I for terrestrial animals; and (ii) point 1 of Annex XII for aquatic animals;

(b) the clinical examination comprises: (i) an initial general evaluation of the animal health status of the establishment which comprises all the animals of listed species kept in the establishment; and (ii) an individual examination of the animals included in the sample referred to in point (a).

Where laboratory examinations are required pursuant to this Regulation in order to confirm or rule out the presence of a category A disease, the competent authority shall ensure that:

(a) the sampling of animals for laboratory examination is carried out in accordance with: (i) point A.2 of Annex I for terrestrial animals; and (ii) point 1(b), (c), (d) and (e) of Annex XII for aquatic animals;

(b) the diagnostic methods for laboratory examinations fulfil the requirements set out in: (i) point B of Annex I for terrestrial animals; and (ii) point 2 of Annex XII for aquatic animals;

(c) the samples are sent: (i) without delay to an official laboratory designated in accordance with Article 37 of Regulation (EU) 2017/625 of the European Parliament and of the Council (²); (ii) in accordance with point C of Annex I for terrestrial animals and point 1(f) of Annex XII for aquatic animals; and (iii) following any other instruction from the competent authority and from the laboratory regarding biosecurity and biosafety conditions to prevent the spread of category A disease agents;

(d) in the case of kept animals: (i) an inventory of all kept animals on the establishment and their species and categories is compiled; for poultry and aquaculture animals the number of animals may be estimated; and (ii) an identification mark of each sampled animal of listed species, or in the case of poultry and aquaculture animals the batch number, is recorded.

Article 4

Contingency plans

The competent authority shall implement the measures laid down in this Regulation in accordance with the contingency plan referred to in Article 43 of Regulation (EU) 2016/429.

PART II

TERRESTRIAL ANIMALS

CHAPTER I

Disease control measures for category A diseases in kept terrestrial animals

Section 1

Preliminary disease control measures in the event of suspicion of a category A disease in kept animals

Article 5

Obligations on operators in the event of suspicion of a category A disease in kept animals in an establishment

In the event of suspicion of a category A disease in kept animals, operators shall take the following disease control measures in order to prevent the spread of the category A disease from the affected animals and establishments under their responsibility to other unaffected animals or to humans until the competent authority rules out the presence of the category A disease:

(a) isolate all animals suspected of being infected with the category A disease;

(b) keep the manure, including litter and used bedding, and any product, material or substance likely to be contaminated with and to transmit category A diseases isolated and protected from insects and rodents, kept animals of non-listed species and wild animals to the extent technically and practically feasible;

(c) implement the appropriate additional biosecurity measures to avoid any risk of spread of the category A disease;

(d) cease all movements of kept animals of listed species from or to the establishment;

(e) prevent non-essential movements of animals of non-listed species, products, materials, substances, persons and means of transport from or to the establishment;

(f) ensure that production, health and traceability records of the establishment are updated;

(g) provide the competent authority, on its request, with any relevant information regarding the category A disease; and

(h) follow any instructions given by the competent authority regarding the control of the category A disease, in accordance with Regulation (EU) 2016/429 and this Regulation.

Article 6

Investigation by the competent authority in the event of suspicion of a category A disease in kept animals in an establishment

In the course of the investigation referred to in paragraph 1 the competent authority shall ensure that official veterinarians perform at least:

(a) clinical examinations of kept animals of listed species at the establishment; and

(b) collection of samples for laboratory examinations.

Article 7

Preliminary restriction and biosecurity measures in the event of suspicion of a category A disease in kept animals in an establishment

In the event of suspicion of a category A disease in an establishment, the competent authority shall place the establishment under official surveillance and immediately impose the following preliminary restriction and biosecurity measures, in order to prevent the spread of the category A disease from the affected animals and the establishment to other unaffected animals or to humans:

(a) prohibition of movements of kept animals of listed species into and from the establishment;

(b) prohibition of movements of kept animals of non-listed species into and from the establishment;

(c) prohibition of movements of any product, material or substance likely to be contaminated with or likely to transmit category A diseases from the establishment;

(d) isolation of kept animals of listed species and protection from wild animals, animals of non-listed species and, when necessary, from insects and rodents;

(e) prohibition of killing of animals of listed species, unless authorised by the competent authority; and

(f) prohibition of non-essential movements of products, materials, substances, persons and means of transport into the establishments.

By way of derogation from point 1(a), (b) and (c) the competent authority may authorise movements of animals and products from the establishment where a category A disease is suspected, after carrying out a risk assessment and provided that:

(a) the movements of animals and products comply with all conditions and biosecurity measures necessary in order to avoid the spread of the disease;

(b) in the establishment of destination there are not other kept animals of listed species; and

(c) the establishment of destination is not a slaughterhouse.

Article 8

Inventory and records analysis in the event of suspicion of a category A disease in kept animals in an establishment

In the event of suspicion of a category A disease, the competent authority shall order and verify that, without delay, operators of the establishments where a category A disease is suspected compile and maintain an up-to-date inventory of the following:

(a) the species, categories and number of animals kept on the establishment; for poultry, the number of animals may be estimated;

(b) the individual identification number of all the animals of species for which the individual identification is compulsory in accordance with Commission Delegated Regulation (EU) 2019/2035 (³);

(c) the species, categories and number of kept animals of listed species which have been born, died, showed clinical signs or are likely to be infected or contaminated with the category A disease in the establishment;

(d) any product, material or substance likely to be contaminated with or likely to transmit the relevant category A disease in the establishment; and

(e) when relevant, all places likely to enable the survival of the vectors of the relevant category A disease in the establishment.

In the framework of the epidemiological enquiry, as referred to in Article 57 of Regulation (EU) 2016/429, the competent authority shall analyse at least the following records of the establishment where a category A disease is suspected:

(a) the inventory referred to in paragraph 1;

(b) the records concerning the origin and date of arrival and departure at or from the establishment of kept animals of listed species;

(c) the records concerning the origin and date of arrival and departure at or from the establishment of other relevant transport movements;

(d) the production records; and

(e) the records concerning to visits to the establishment, if available.

Article 9

Temporary restricted zones in the event of suspicion of a category A disease in kept terrestrial animals in an establishment

In the event of suspicion of a category A disease in kept animals in an establishment, the competent authority may establish a temporary restricted zone taking into account the following circumstances:

(a) the location of the establishment in an area with a high density of kept animals of listed species for which a category A disease is suspected;

(b) the movement of animals or persons in contact with kept animals of listed species for which a category A disease is suspected;

(c) the delay in confirming the category A disease pursuant to Article 11;

(d) the insufficient information on the possible origin and routes of introduction of the suspected category A disease; and

(e) the disease profile, in particular the routes and speed of transmission of the disease and the persistence of the disease in the animal population.

Article 10

Measures to apply in the event of suspicion of a category A disease in food and feed businesses, border control posts, animal by-products establishments or any other location of relevance, including means of transport

In the event of suspicion of a category A disease in accordance with Article 9(1), (3) and (4) of Delegated Regulation (EU) 2020/689 in food and feed businesses, border control posts, animal by-products establishments or any other location of relevance, including means of transport, the competent authority shall apply:

(a) the relevant provisions laid down in Articles 5 to 9; and

(b) if needed, additional measures adapted to the specific situation in order to prevent the spread of the category A disease to unaffected animals or to humans.

Section 2

Disease control measures in the event of the official confirmation of a category A disease in kept animals

Article 11

Official confirmation of a category A disease in kept terrestrial animals

The competent authority shall officially confirm an outbreak of a category A disease in kept terrestrial animals when a case is confirmed in accordance with Article 9(2), (3) and (4) of Delegated Regulation (EU) 2020/689.

Article 12

Disease control measures in the event of official confirmation of an outbreak of a category A disease in kept animals in an establishment

Following the official confirmation of an outbreak of a category A disease in an establishment in accordance with Article 11, the competent authority shall order that, in addition to measures provided for in Article 7, the following disease control measures are immediately applied under the supervision of official veterinarians:

(a) all animals of listed species kept in the affected establishment shall be killed as soon as possible on the spot, within the establishment, in such a way as to avoid any risk of spreading the relevant category A disease agent during and after killing;

(b) all appropriate and necessary biosecurity measures shall be taken to avoid any possible spread of the category A disease to unaffected kept or wild animals or to humans;

(c) bodies or parts of kept animals of listed species which have died or which have been killed pursuant to point (a) of this paragraph shall be disposed of in accordance with Regulation (EC) No 1069/2009;

(d) all potentially contaminated products, materials or substances present in the establishment shall be isolated until: (i) they are disposed of or processed in accordance with Regulation (EC) No 1069/2009, in the case of animal by-products (including those resulting from the killing and products of animal origin and germinal products); (ii) cleaning and disinfection measures are completed in accordance with the Article 15, in the case of other materials and substances fit for cleaning and disinfection; (iii) disposal is completed under the supervision of official veterinarians, in the case of feeding stuff and other materials unfit for cleaning and disinfection.

The competent authority shall order and supervise that:

(a) the transport from the affected establishment of animal by-products referred to in paragraphs 1(c) and 1(d)(i) complies with the provisions of Regulation (EC) No 1069/2009;

(b) the transport from the affected establishment of materials or substances referred to in paragraph 1(d)(iii) complies with its instructions regarding biosecurity and biosafety conditions to prevent the spread of category A disease agent.