Commission Implementing Decision (EU) 2020/1723 of 16 November 2020 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey (notified under document C(2020) 7661) (Text with EEA relevance)

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COMMISSION IMPLEMENTING DECISION (EU) 2020/1723

of 16 November 2020

on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from

Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey

(notified under document C(2020) 7661)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of

veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC,

90/425/EEC and 90/675/EEC (1), and in particular Article 18(6) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation

of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

(1)

Foot-and-mouth disease is one of the most contagious diseases of cattle, sheep, goats and pigs. The virus causing the

disease has the potential for rapid spread, notably through products obtained from infected animals and

contaminated objects including means of transport like livestock vehicles or vessels. The virus can also persist in a

contaminated environment outside the host animal for several weeks depending on the temperature. Accordingly,

veterinary checks should be carried out on means of transport upon their return to the Union from certain third

countries after such transport, in order to reduce the risk of the introduction of the foot-and-mouth disease virus

into the Union.

(2)

Commission Implementing Decision (EU) 2017/675 (3), as amended by Commission Implementing Decisions (EU)

2017/887 (4), (EU) 2018/489 (5) and (EU) 2019/242 (6), was adopted following outbreaks of foot-and-mouth

disease in Algeria, Libya, Morocco and Tunisia and established protection measures at Union level which took into

account the survival of the foot-and-mouth disease virus in the environment and potential transmission routes of

that virus. Those measures provided for appropriate cleansing and disinfection of livestock vehicles and vessels

from those third countries entering the Union territory either directly or after transiting through other third

countries, as this is the most appropriate way to reduce the risk of rapid virus transmission over large distances.

However, Implementing Decision (EU) 2017/675 expired on 31 December 2019.

(3)

The latest outbreaks of foot-and-mouth disease in the third countries referred to in Implementing Decision (EU)

2017/675 were notified to the World Organisation for Animal Health (OIE) by Algeria in June 2019 and by Libya

in March 2020. However, despite the absence of notified outbreaks in the other third countries referred to in that

Implementing Decision, the circulation of the foot-and-mouth disease virus in their territory cannot be excluded, as

scheduled serosurveillance has not been completed.

(1) OJ L 268, 24.9.1991, p. 56.

(2) OJ L 24, 30.1.1998, p. 9.

(3) Commission Implementing Decision (EU) 2017/675 of 7 April 2017 on measures to prevent the introduction into the Union of the

foot-and-mouth disease virus from Algeria (OJ L 97, 8.4.2017, p. 31).

(4) Commission Implementing Decision (EU) 2017/887 of 22 May 2017 on measures to prevent the introduction into the Union of the

foot-and-mouth disease virus from Tunisia and amending Implementing Decision (EU) 2017/675 (OJ L 135, 24.5.2017, p. 25).

(5) Commission Implementing Decision (EU) 2018/489 of 21 March 2018 amending Decision (EU) 2017/675 on measures to prevent

the introduction into the Union of the foot-and-mouth disease virus from Algeria and Tunisia (OJ L 81, 23.3.2018, p. 20).

(6) Commission Implementing Decision (EU) 2019/242 of 7 February 2019 amending Implementing Decision (EU) 2017/675 with

regard to measures preventing the introduction into the Union of the foot-and-mouth disease virus from Algeria, Libya, Morocco and

Tunisia (OJ L 39, 11.2.2019, p. 16).

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(4)

Algeria, Egypt, Israel (7), Lebanon, Libya, Morocco, Palestine (8), Syria, Tunisia and the Anatolian part of Turkey are

not free of foot-and-mouth disease, and possible virus circulation in this area constitutes a non-negligible risk to the

susceptible livestock population of the Union.

(5)

The Member States export a significant number of consignments of live animals to those third countries. Livestock

vehicles and vessels used for the transport of these animals may be contaminated with the foot-and-mouth disease

virus and therefore constitute a risk for the introduction of that disease upon their return to the Union.

(6)

Cleansing and disinfection of livestock vehicles and vessels has been shown to be the most appropriate way to reduce

the risk of virus transmission over large distances.

(7)

It is therefore necessary to ensure that all livestock vehicles and vessels returning from those third countries to the

Union are appropriately cleansed and disinfected. The operator or driver should submit an appropriate documented

declaration of such cleansing and disinfection to the competent authority at the point of entry into the Union.

(8)

Regulation (EU) No 576/2013 of the European Parliament and of the Council (9) lays down the animal health

conditions applicable to the non-commercial movement of pet animals. However, as non-commercial movement of

pet animals pose a low-risk of spreading foot-and-mouth disease, they should be excluded from the scope of this

Decision.

(9)

Member States should also have the possibility to subject vehicles which transport feed from or have transported

feed to the third countries not free from foot-and-mouth disease, and for which a significant risk of the introduction

of the disease into the territory of the Union cannot be excluded, to on-the-spot cleaning and disinfection of the

wheels or any other part of the vehicle deemed necessary to mitigate that risk.

(10)

Considering the foot-and-mouth disease situation in Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria,

Tunisia and the Anatolian part of Turkey, it is appropriate to lay down measures in this Decision to prevent the

introduction of the foot-and-mouth disease virus into the Union.

(11)

Regulation (EU) 2016/429 of the European Parliament and of the Council (10) lays down rules on certain listed

diseases, including foot-and-mouth disease. That Regulation applies from 21 April 2021. Regulation (EU)

2017/625 of the European Parliament and of the Council (11) repealed Directives 91/496/EEC and 97/78/EC, but

Article 164(2) thereof provides that Article 18(6) of Directive 91/496/EEC and Article 22(6) of Directive 97/78/EC

are to continue to apply in relation to the matters governed by Regulation (EU) 2016/429, until the date of

application of Regulation (EU) 2016/429. Accordingly, the rules laid down in this Decision should apply until 20

April 2021.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants,

Animals, Food and Feed,

(7) Understood as the State of Israel, and shall not apply to the geographic areas that came under the administration of the State of Israel

after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(8) This designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the

Member States on this issue.

(9) Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of

pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).

(10) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and

amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).

(11) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official

activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant

protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU)

No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC

and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the

Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council

Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

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HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

This Decision lays down rules on the cleaning and disinfection of vehicles and vessels transporting terrestrial animals and

vehicles transporting feed for terrestrial animals when such vehicles or vessels return to the Union from Algeria, Egypt,

Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia or Turkey.

This Decision shall not apply to the non-commercial movement of pet animals of the species listed in Annex I to Regulation

(EU) No 576/2013 as referred to in Article 5 of that Regulation.

Article 2

Definitions

For the purpose of this Decision, ‘livestock vehicle’ or ‘livestock vessel’ means any vehicle or vessel being used or which has

been used for the transport of terrestrial animals.

Article 3

Information to be provided by the operator or driver of a livestock vehicle or livestock vessel at the point of

entry into the Union

1.

Member States shall ensure that the operator or driver of a livestock vehicle or livestock vessel upon arrival in the

Union from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia or Turkey, either directly or after

transiting through any other third country, provides the competent authority of the Member State at the point of entry

into the Union with information showing that the livestock or loading compartment, where applicable the truck body, the

loading ramp, the equipment which came into contact with the animals, the wheels and the driver’s cabin and any

protective clothes and protective boots used during unloading have been cleansed and disinfected after the last unloading

of the animals.

2.

The information referred to in paragraph 1 shall be included in a declaration completed in accordance with the model

set out in Annex I or in any other equivalent format which includes at least the information set out in that model.

3.

The original of the declaration referred to in paragraph 2 shall be kept by the competent authority for a period of

three years following its reception.

Article 4

Checks on livestock vehicles to be carried out at the point of entry into the Union

1.

The competent authority of the Member State of the point of entry into the Union shall carry out visual checks on

livestock vehicles coming from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey, either

directly or after transiting through any other third country, in order to determine whether they have been satisfactorily

cleansed and disinfected.

2.

Where the visual checks referred to in paragraph 1 show that the cleansing and disinfection of the livestock vehicle

have been satisfactorily carried out or where the competent authority has ordered, organised and carried out additional

disinfection of previously cleansed livestock vehicles, the competent authority shall attest that fact by issuing a certificate

in accordance with the model set out in Annex II.

3.

Where the visual checks referred to in paragraph 1 show that the cleansing and disinfection of the livestock vehicle

have not been satisfactorily carried out, the competent authority shall take one of the following measures:

(a) subject the livestock vehicle to a proper cleansing and disinfection at a place designated by the competent authority,

which must be as close as possible to the point of entry into the Member State concerned and then issue the certificate

referred to in paragraph 2;

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(b) where there is no suitable facility for the cleansing and disinfection in the vicinity of the point of entry or where there is

a risk that residual animal products may escape from the uncleansed livestock vehicle:

(i) refuse the entry into the Union of the livestock vehicle; or

(ii) perform a preliminary on-the-spot disinfection of the livestock vehicle not satisfactorily cleansed and disinfected

pending the application of the measures provided for in point (a).

4.

The original of the certificate referred to in paragraph 2 shall be kept by the operator or driver of the livestock vehicle

for a period of three years. A copy of that certificate shall be kept by the competent authority for a period of three years

following its reception.

5.

All expenditure incurred under paragraphs 1 to 4 shall be borne by the responsible operators.

Article 5

Checks on livestock vessels at the point of exit from the Union

1.

The competent authority of the Member State of the point of exit of a livestock vessel shall carry out visual checks to

verify whether it has been satisfactorily cleansed and disinfected, prior to the loading the animals, when it first travels from

the Union after returning from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia or Turkey, either

directly or after transiting through any other third country.

2.

Where the visual checks referred to in paragraph 1 show that cleansing and disinfection have been satisfactorily

carried out, the competent authority shall authorise the loading of animals.

3.

Where the visual checks referred to in paragraph 1 show that cleansing and disinfection of the livestock vessel have

not been satisfactorily carried out, the competent authority shall take one of the following measures:

(a) subject the livestock vessel to proper cleansing and disinfection at a place designated by the competent authority;

(b) not authorise the loading of the animals.

4.

All expenditure incurred under paragraphs 1, 2 and 3 shall be borne by the responsible operators.

Article 6

Checks on vehicles transporting feed at the point of entry into the Union

The competent authority of the Member State of the point of entry into the Union may subject any vehicle transporting

feed from or which has transported feed to Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia or

Turkey for which a significant risk of the introduction of foot-and-mouth disease into the Union cannot be excluded to an

on-the-spot cleaning or disinfection of the wheels or any other part of the vehicle deemed necessary to mitigate that risk.

Article 7

Applicability

This Decision shall apply until 20 April 2021.

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Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 16 November 2020.

For the Commission

Stella KYRIAKIDES

Member of the Commission

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ANNEX I

Model declaration to be provided by the operator/driver of the livestock vehicle/vessel coming from

Algeria, Egypt, Israel (1), Lebanon, Libya, Morocco, Palestine (2), Syria, Tunisia and Turkey either

directly or after transiting through any other third country

I, the operator/driver of the livestock vehicle/vessel….. (3)

declare that:

— The most recent unloading of animals took place at:

Country, region, place

Date (dd/mm/yyyy)

Time (hh:mm)

— Following unloading, the livestock vehicle/vessel was subject to cleansing and disinfection. The cleansing and

disinfection included the livestock or loading compartment, [the truck body] (4), the loading ramp, the equipment

having been in contact with animals, [the wheels] and the [driver’s cabin] and protective clothes/boots used during

unloading.

— The cleansing and disinfection took place:

Country, region, place

Date (dd/mm/yyyy)

Time (hh:mm)

— The disinfectant has been used at the concentrations recommended by the manufacturer and it is officially authorised in

the country where disinfection takes place as being effective in the control of the foot-and-mouth disease (5):

........................................................................................

Date

Place

Signature of the operator/driver

Name of the operator/driver of the livestock vehicle/vessel and its business address (in block letters)

................................................................................................................................

(1) Understood as the State of Israel, and shall not apply to the geographic areas that came under the administration of the State of Israel

after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(2) This designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the

Member States on this issue.

(3) Insert number of registration plate/identification number of the livestock vehicle/vessel.

(4) Delete if not applicable.

(5) Indicate the substance and its concentration.

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ANNEX II

Model cleansing and disinfection certificate for livestock vehicles coming from Algeria, Egypt,

Israel (1), Lebanon, Libya, Morocco, Palestine (2), Syria, Tunisia and Turkey either directly or after

transiting through any other third country

I, the undersigned official certify that I have checked:

(1) the livestock vehicle(s) with the registration plate(s). . . . . . . . . . . . . . . (3) today and by visual control found the livestock or

loading compartment, the truck body, the loading ramp, the equipment having been in contact with animals, the

wheels and the driver’s cabin and protective clothes/boots used during unloading satisfactorily cleansed.

(2) the information presented in the form of a declaration as set out in Annex I to Commission Implementing Decision on

measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria, Egypt, Israel,

Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey – C(2020) 7661 (4) or in another equivalent form

covering the items set out in Annex I to Implementing Decision on measures to prevent the introduction into the

Union of the foot-and-mouth disease virus from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria,

Tunisia and Turkey – C(2020) 7661.

Date

Stamp:

Time

Place

Competent authority

Signature of the official (*)

Name in block letters

..................................................................................................

(*) The colour of the stamp and of the signature must be different from that of the printing

(1) Understood as the State of Israel, and shall not apply to the geographic areas that came under the administration of the State of Israel

after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(2) This designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the

Member States on this issue.

(3) Insert number of registration plate/identification number of the livestock vehicle.

(4) Commission Implementing Decision on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from

Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey – C(2020) 7661.

قرار تنفيذي من المفوضية الأوروبية بشأن إجراءات منع دخول فيروس الحمى القلاعية إلى الاتحاد من عدة دول منها سورية.