Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market^f1, and in particular Article 10(4) thereof,

Whereas:

Equine infectious anaemia (‘EIA’) is a viral disease affecting only animals of the family Equidae. The incubation period is normally one to three weeks, but may be as long as three months. Infected equidae remain infectious for life and can potentially transmit the infection to other equidae. Infection with EIA tends to become inapparent if death does not result from one of the acute clinical attacks during viraemia, and thus the likelihood of transmission is substantially increased. Local transmission occurs by the transfer of blood from an infected equine animal via interrupted feeding of bloodsucking horseflies and in utero to the foetus. The main means of the long distance spread of the disease is the movement of infected animals, their semen, ova and embryos, and the use of contaminated needles or infusion of blood products containing the virus.

EIA is a compulsorily notifiable disease in accordance with Annex A to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae^f2. In addition, Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community^f3 provides that outbreaks of EIA are to be notified to the Commission and other Member States through the Animal Disease Notification System (‘ADNS’).

Article 4(5) of Directive 90/426/EEC provides for restrictions concerning the movement of equidae from holdings where the presence of EIA has been confirmed until, following the slaughter of the infected animals, the remaining animals have undergone two Coggins tests with negative results.

Unlike the animal health situation in other Member States, EIA is endemic in Romania and the immediate slaughter of infectious equidae is not implemented. For that reason, Commission Decision 2007/269/EC of 23 April 2007 on protective measures with regard to equine infectious anaemia in Romania^f4 was adopted.

However, recent cases of EIA in equidae for breeding and production dispatched from Romania to other Member States, and the recently published outcome of a veterinary inspection mission carried out by the Commission’s services in 2009 in that Member State in accordance with Article 10 of Directive 90/426/EEC^f5, indicate that Decision 2007/269/EC is poorly implemented, enforced and monitored.

In view of trade in live equidae, their semen, ova and embryos, the disease situation in Romania presents an animal health risk for equidae in the Union. It is therefore appropriate to adopt protective measures laying down a specific regime for the movement of and trade in equidae and equine semen, ova and embryos, as well as certain equine blood products from Romania in order to safeguard the health and welfare of equidae in the Union.

The prevalence of the disease is not equally distributed throughout Romania and between various categories of equidae in that Member State. This situation allows applying less stringent conditions for the movement of certain registered horses for competition and races and should allow, in future, defining disease free regions.

In accordance with Article 7(2) of Directive 90/426/EEC, the Member State of destination may, on a general or restricted basis, grant derogation from some of the requirements of Article 4(5) for any animal bearing a special mark indicating that it is scheduled for slaughter, provided that the health certificate mentions such derogation. In the case of granting such derogation equidae for slaughter must be transported directly to the designated slaughterhouse and be slaughtered within five days of arrival at the slaughterhouse.

Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules^f6 lays down the accreditation requirements for laboratories carrying out analysis of samples taken during official controls.

The Annex to Commission Regulation (EC) No 180/2008 of 28 February 2008 concerning the Community reference laboratory for equine diseases other than African horse sickness^f7 lays down the functions, tasks and procedures of the reference laboratory in the Union for equine diseases as regards collaboration with laboratories responsible for diagnosing infectious diseases of equidae in the Member States. Those functions include, amongst others, promoting the harmonisation of diagnosis and ensuring proficiency of testing within the Union by organising and operating periodic comparative trials and by periodic transmission of the results of such trials to the Commission, the Member States and national/central laboratories. The work programme agreed between the Commission and that laboratory provides that the first proficiency testing for EIA is to take place in 2010.

In the absence of specific Union standards for testing for EIA, reference should be made to the relevant Chapter of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals 2009 of the World Organisation for Animal Health (OIE). That Chapter, which is currently Chapter 2.5.6, prescribes the agar gel immunodiffusion (AGID) for the detection of EIA in horses, which is an accurate and reliable test except in certain circumstances specified in the Manual. This Decision should therefore provide for two AGID tests for EIA with negative results to compensate for the limitations of that test.

Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae^f8 requires equidae to be identified by an identification document. To reinforce the link between the identification document and the animal, adult horses intended for transport from Romania to other Member States should be marked by injection of an electronic transponder.

Article 14 of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations^f9 sets out the checks and other measures related to the journey log to be carried out by the competent authority before long journeys.

The certification requirements for the movement and transport of equidae are laid down in Article 8 of Directive 90/426/EEC. In order to enhance the traceability of registered equidae from areas in Romania affected by EIA to other Member States, the attestation provided for in Annex B to Directive 90/426/EEC should be replaced by an animal health certification complying with Annex C to that Directive.

The integrated computerised veterinary Trade Control and Expert System (‘TRACES’) introduced in accordance with Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system^f10 may be instrumental for the ‘channelling’ of equidae from Romania to slaughterhouses in other Member States.

The movement of equidae other than equidae for slaughter from Romania to other Member States should not be considered completed until a test for EIA, carried out on a sample collected during post-arrival isolation at the place of destination, has confirmed the absence of that disease.

As the affected sector is fully aware of the risks posed by the disease situation in Romania, it is appropriate to allow those involved in the movement of equidae from Romania to share responsibility and the cost incurred by the competent authorities in relation to such movements.

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC^f11, as amended by Commission Regulation (EU) No 176/2010^f12, introduced test requirements for EIA also for donor mares from which ova or embryos are collected. However, those amendments are only to apply from 1 September 2010. Therefore, where ova and embryos are collected from mares kept in Romania, it is necessary to complement the animal health requirements laid down in Commission Decision 95/294/EC of 24 July 1995 determining the specimen animal health certificate for trade in ova and embryos of the equine species^f13 with a test requirement for EIA.

In addition, the animal health requirements in Union legislation for blood products derived from equidae are currently being reviewed. At present, Chapter V(A) of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption^f14 sets out the requirements for serum of equidae.

In the interests of clarity of Union legislation, Decision 2007/269/EC should be repealed and replaced by this Decision.

It appears unnecessary to introduce transitional conditions as the measures provided for take due account of the recently adopted Romanian programme for the eradication of EIA in that country.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: