Animal Health, Animal Health Law. The structural reform of rules in the European Union is completed with the 7 regulations published on 3.6.20, which will enter into force on 21.4.21 along with the basic measure.
Animal Health Law, the European reform
The European animal health framework, Animal Health Law, underwent a comprehensive reform with Regulation (EU) No. 2016/429, on communicable animal diseases. The text of which, updated by the reg. EU 2017/625 on official public controls, complements the Animal and Plant Health Package (together with EU Reg. 2016/2031, on protective measures against organisms harmful to plants).
Reg. EU 2016/429 – in repealing the previous discipline (consisting of 38 directives and regulations, introduced since 1964)-introduces a new body of law, in the wake of the reform introduced with the Hygiene Package on food hygiene and safety. The new Animal Health Law thus consists of a basic regulation (EU Reg. 2016/429) and a series of delegated and implementing regulations. With the dual purpose of:
1) Update the standards. With regard to the current regulatory environment (focused on prevention and risk analysis), the One Health approach (see next paragraph), and the experiences of zoonoses management over the past two decades. Without neglecting the lesson learned from Covid-19, the gray swan that exposed the fragility of the ‘European stronghold’ and the inconsistency of the European Commission,
2) Simplify and standardize the framework of rules. The positive experience of the Hygiene Package (EC reg. 852, 853/04 et seq.) has shown the effectiveness of regulatory rationalization geared toward clear and shared objectives, on the one hand. And the need at the same time to use only regulations, not also directives. To ensure effective uniformity of standards and their contextual application, audited by the Food & Veterinary Office. So as to reduce the gaps between security levels in different member states. (1)
Goals
Prevention is better than the cure
is the leitmotif introduced in the EU Animal Health Strategy 2007-2013, from which this reform is derived. (2) The goal of ensuring a high level of public, animal and food safety has a primary role over those pertaining to:
– Rational and sustainable development of the agricultural and aquaculture sector,
– Increasing productivity and ‘improving the domestic market‘. Except to then tolerate the Commission’s abandoning it to chaos instead of supervising it,
– environmental protection. With focus on negative interactive effects that may result from the spread of diseases among animals and their respective pathogens and/or vectors.
Animal welfare unfortunately remains the great absentee, to which rivers of words are still being devoted without concreteness. Just as happens-and not surprisingly-with biodiversity. Where Europe could actually lead the evolution of standards-and production chains-and is instead forced to accept the rudimentary standards of the American continent. From cattle fed animal meal in Canada to carcasses washed in chlorine instead of treating poultry alive, in the US.
Tools
The rules thus cover surveillance, prevention and eradication programs, approval and registration protocols for establishments and transporters, traceability (of germ material, animals, products and by-products) within the European Union.
TRACES systems (
Trade Control and Expert System
) and IMSOC (
Information Management System for Official Controls
) then provide effective tools for information exchange on traceability and risk analysis.
Animal health, the 7 new regulations
Reg. EU 2020/686, defines:
– Rules on the approval of germinal material establishments (semen, oocytes and embryos) of cattle, pigs, sheep, goats and horses,
– requirements to ensure their traceability (through the IMSOC system) during all stages of production, storage and transport (certification and notification) within the EU.
Specific provisions are made for germinal material of dogs, cats, cervids and camelids.
Reg. EU 2020/687, provides specific technical measures to control the presence in the Union territory of the diseases listed by reg. EU/2016/429 and category A, B and C for terrestrial and aquatic animals, kept or wild.
The categorization of diseases according to risk of spread follows an ascending order. Where E corresponds to the maximum risk level and indicates the need for surveillance procedures (EU reg. 2018/1882).
Reg. EU 2020/688, supplements reg. EU 2016/429 on requirements to safeguard animal health during the movement within the Union of terrestrial, kept and wild animals and hatching eggs.
It also applies to pollinating insects (e.g., bees, bumblebees), as well as companion animals), and defines health certification and vaccination requirements. Specific rules and exemptions are provided for carrier pigeons, show animals and those belonging to traveling circuses.
Reg. EU 2020/689. It is devoted to surveillance and eradication programs, as well as recognition of disease-free status, in relation to listed and emerging zoonoses.
Eradication programs, outlined by the national competent authority, aim to zero out the spread of zoonotic diseases and eliminate vector agents in the state, zone or compartment. With a view to establishing procedures aimed at obtaining indemnity status.
Reg. EU 2020/690. Imposes the distinction between low-pathogenic and highly pathogenic avian influenza for the purpose of implementing relevant surveillance programs. And it lists aquatic animal diseases in relation to which compartment-free status can be claimed. (3)
Reg. EU 2020/691, incorporates the regulations laid down in reg. EU 2016/429 regarding the approval (and possible derogations) of aquaculture establishments in cases where the aquatic animals present therein pose a significant risk to animal health.
Prescribes special requirements for registration, information to competent authorities, record keeping (under the responsibility of plant operators and transporters).
Reg. EU 2020/692, provides rules for the entry into the Union, movement and handling after entry of consignments of certain animals, germinal material and animal products. With respect to fresh and raw products derived from aquatic and terrestrial animals, raw milk and dairy products, colostrum and its derivatives, eggs and egg products, and composite products containing those mentioned above.
The regulation also applies to wild and companion animals (cats, dogs and ferrets), as well as pollinating insects. With special attention to honey bees, especially to avoid infestation in the Union of the mite Varroa spp.
Dario Dongo and Marina De Nobili
Notes
(1) When fully operational, due to the introduction of the new delegated and implementing regulations, approximately 400 acts published by the Commission under the coeval regime (pre-EU Reg. 2016/429) will lose efffectiveness
(2) European Commission. A new Animal Health Strategy for the European Union (2007-2013) where ‘Prevention is better than cure. Communication COM 539 (2007) final.
(3) ‘Compartment‘ means: ‘an animal subpopulation housed in one or more establishments and, in the case of aquatic animals, in one or more aquaculture facilities, with a common biosecurity management system, and characterized by its own health status with respect to one or more specific diseases, subject to appropriate surveillance, disease control and biosecurity measures‘ (EU reg. 2016/429, art.4.37)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in law in Trento, she follows a master's degree in food law at Roma Tre. She is passionate about food and wine, she is between culture and tradition.
