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Commission Decision

of 20 June 2003

on certain protection measures with regard to monkey pox virus

(notified under document number C(2003) 1953)

(Text with EEA relevance)

(2003/459/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 91/496/EEC1) of 15 July 1991 laying down the principles governing the organisation of veterinary checks and animals entering the Community from third countries and amending Directive 96/43/EC2), and in particular Article 18(1) thereof,

Whereas:

(1)Monkey-pox infection has been confirmed in certain parts of the United States of America.

(2)Findings by the competent authorities in the United States of America indicate the possibility that the contamination of those prairie dogs is linked to contacts with rodents of non-domestic species (Gambian rat) imported from the African rain forest zone where the disease is endemic.

(3)The known reservoirs in the endemic zone are squirrels and rodents of non-domestic species in the African rain forest. Unlike suggested by the name of the disease, monkeys and primates are infected accidentally through direct or close contact with infected reservoir hosts.

(4)Monkey-pox is a zoonotic disease which is not present in the European Union.

(5)It is appropriate to adopt the necessary protection measures rapidly at Community level with regard to prairie dogs originating in or coming from the United States of America.

(6)It is therefore appropriate, in order to avoid the situation encountered in the United States of America, to suspend importation of reservoir species from the endemic zone.

(7)It is however appropriate to leave the possibility for the Member States to allow the importation for specific purposes in the framework of Directive 92/65/EEC3) 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/EECRegulation (EC) No 1282/20024).

(8)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:

Article 1

The appropriate authority shall prohibit the importation of prairie dogs (Cynomys sp.) originating in or coming from the United States of America.

In this Decision, “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

(a)in relation to Wales, the Welsh Ministers;

(b)in relation to Scotland, the Scottish Ministers.

Article 2

The appropriate authority shall prohibit the importation of rodents of non-domestic species and squirrels originating in or coming from third countries of the African sub-Saharan region.

Article 3

Derogations to the prohibition provided for in Articles 1 and 2 may be authorised by the appropriate authority in the framework of imports between establishments, and for this purpose “establishment” means any permanent, geographically limited establishment, approved in accordance with legislation, where one or more species of animal are habitually kept or bred, whether or not for commercial ends, and exclusively for one or more of the following purposes:

Article 4

The appropriate authority shall amend the measures they apply to imports to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. ...

Article 5

This Decision shall be reviewed by the appropriate authority in the light of the evolution of the disease situation in the United States of America.

Article 6

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

Done at Brussels, 20 June 2003.

For the Commission

David BYRNE

Member of the Commission

(1)

OJ L 268, 24.9.1991, p. 56.

(2)

OJ L 16, 22.1.1996, p. 3.

(3)

OJ L 268, 14.9.1992, p. 54.

(4)

OJ L 187, 16.7.2002, p. 3.

(1)

OJ L 268, 24.9.1991, p. 56.

(2)

OJ L 16, 22.1.1996, p. 3.

(3)

OJ L 268, 14.9.1992, p. 54.

(4)

OJ L 187, 16.7.2002, p. 3.

Status: There are currently no known outstanding effects by UK legislation for Commission Decision of 20 June 2003 on certain protection measures with regard to monkey pox virus (Text with EEA relevance) (notified under document number C(2003) 1953) (Text with EEA relevance) (2003/459/EC).
Commission Decision (2003/459)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in Art. 1 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(2)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F1Words in Art. 1 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(2)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F2Words in Art. 1 inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(2)(b) (with regs. 69-71)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F2Words in Art. 1 inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(2)(b) (with regs. 69-71)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F3Words in Art. 2 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(3) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3Words in Art. 2 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(3) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F4Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(4)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F4Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(4)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F5Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(4)(b) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F5Words in Art. 3 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(4)(b) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F6Words in Art. 4 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(5)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F6Words in Art. 4 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(5)(a) (with regs. 69-71)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F7Words in Art. 4 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(5)(b) (with regs. 69-71)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F7Words in Art. 4 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(5)(b) (with regs. 69-71)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F8Words in Art. 5 inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(6) (with regs. 69-71)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F8Words in Art. 5 inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(6) (with regs. 69-71)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F9Art. 6 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(7) (with regs. 69-71)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F9Art. 6 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 41(7) (with regs. 69-71)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
Defined TermSection/ArticleIDScope of Application
appropriate authorityart. Article 1appropriat_lgCHnWn
appropriate authorityart. Article 1appropriat_rtIY9xK
establishmentart. Article 3establishm_lg2cjqs

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