287. Ordinance of the Federal Minister of Health on protection and eradication measures for the control of bluetongue (Bluetongue Control Ordinance 2013, BTB-VO 2013)

On the basis of § § 1 para. 6, 2c and 23 para. 2 of the Animal Health Act (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. I No 80/2013, shall be arranged:

table of contents

Paragraph	Subject matter
Section 1 General
§ 1.	Scope
§ 2.	Definitions and references
Section 2 Official measures in case of disease suspicion and confirmation of bluetongue in companies
§ 3.	Measures in the event of suspicion of disease
§ 4.	Measures in the event of disease outbreak
§ 5.	Measures to prevent the spread of the disease
§ 6.	Operational lock-up
Section 3 Zone laying, measures in the protection and control zone
§ 7.	Zone laying
§ 8.	Measures in the protection zone
§ 9.	Measures in the control zone
§ 10.	Vaccinations
Section 4 Final provisions
§ 11.	Compensation and penal provisions
§ 12.	Implementation of Union law provisions and references
§ 13.	entry into force
§ 14.	Override
Annexes
Annex A	Protection zones
Annex B	Control zones
Annex C	Serotypes against vaccinations are permitted

Section 1

General

Scope

§ 1. (1) This Regulation provides for the control and eradication of bluetongue (bluetongue) in Austria and the implementation of Regulation (EC) No 1266/2007 laying down detailed rules for the implementation of Council Directive 2000 /75/EC as regards the Control, monitoring and monitoring of bluetongue, and restrictions on movements of certain animals of susceptible species susceptible to bluetongue, OJ L 327, 30.4.2002, p. No. OJ L 283, 27.10.2007, p. 37, as last amended by implementing Regulation (EU) No 456/2010, OJ L 327, 30.12.2010, p. No. OJ No L 141, 31.5.2012, p. 7.

(2) The provisions of this Regulation shall apply if, in the case of susceptible species, which are subject to the provisions of Section 1 (1) of the Animal Health Act (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. I n ° 80/2013, in stables or in fixed areas or at the other end as domestic animals or in orchards or in a similar manner, suspected of being a bluetongue or whose eruption is detected.

(3) The provisions of Regulation (EC) No 1266/2007 shall apply to the movement of animals susceptible to the use of bluetongue. If a vector-free time is set for Austria, it shall be published in the "Official Veterinary News".

Definitions and references

§ 2. (1) For the purposes of this Regulation:

1.		Live attenuated vaccines: vaccines produced by adaptation of the bluetongue virus field by passing through passengers in the tissue culture or in embryonated chicken eggs;
2.		Official veterinarian Official veterinarian: the official veterinarian the official veterinarian of the competent authority or a disease veterinarian appointed by the governor in accordance with § 2a TSG. a disease veterinarian appointed by the provincial governor in accordance with § 2a TSG;
3.		Authority: unless expressly stated otherwise, the locally competent district administrative authority;
4.		Inventory: all susceptible animals of a livestock farm;
5.		Establishment: agricultural or other holding in which animals of susceptible species are reared or kept permanently or temporarily;
6.		Confirmation of the outbreak: the detection of a bluetongue virus detection in a specific area (operation) of the bluetongue virus, or the detection of the disease outbreak in a particular area (operation). a virus circulation has taken place. If the disease occurs, the official veterinarian may or may not be able to: the official veterinarian shall also base the confirmation of the disease exclusively on clinical or epidemiological findings;
7.		Bluetongue: bluetongue;
8.		Bluetongue contingency plan: the "Crisis plan for the fight against bluetongue in the Republic of Austria", as published on the homepage of the Federal Ministry of Health (http://www.bmg.gv.at);
9.		Case of Bluetongue: an animal that meets one of the following conditions:
-			it has clinical signs that can be closed on a bluetongue;
-			it is a Sentineltier that was previously tested with negative serological results and in which, meanwhile, a seroconversion of negative to positive for antibodies against at least one serotype of Bluetongue took place;
-			it is an animal, from which the bluetongue virus has been isolated and identified as such;
-			it is an animal which has been studied with a positive serological result on a bluetongue or in which one or more of the serotypes of bluetongue specific viral antigen or viral ribonucleic acid (RNS) are identified. .
		In addition, epidemiological data must show that the clinical symptoms or results of laboratory tests that indicate an infection with a bluetongue are a consequence of the virus circulation in the holding in which the animal is kept , and not as a result of the cessation of vaccinated or seropositive animals from restricted zones;
10.		National Reference Laboratory: the Austrian Agency for Health and Food Safety (AGES), Institute of Veterinary Investigations, Mödling;
11.		Disease operation: any operation in which the outbreak of bluetongue by the official veterinarian, or the official veterinarian has been confirmed;
12.		Suspicion of the disease: the presence of clinical signs or laboratory diagnostic evidence that makes an outbreak of bluetongue appear to be conceivable;
13.		Blocking zone: a zone of protection and control referred to in Article 8 (1) of Directive 2000 /75/EC laying down specific provisions for measures to combat and eradicate bluetongue, OJ L 327, 30.4.2000, p. No. 74), as last amended by Directive 2012 /5/EU, OJ L 327, 22.12.2012, p. No. 1., which is subject to restrictions on bluetongue;
14.		Animals: animals of susceptible species, including all ruminant species, i.e. sheep, cattle, goats and wild ruminants (in particular deer, deer, chamois, ibex, antelopes, gazelles, giraffes) and animals of susceptible species, as far as they are not expressly stated. Camelidae;
15.		Vector (s): insects of the genus "culicoida", which can transmit the bluetongue virus;
16.		VIS: the electronic veterinary register established in accordance with Article 8 of the TSG.

(2) Where reference is made in this Regulation to provisions in other regulations of the Federal Minister of Health or of the Bluetongue contingency plan, these shall be applied in their respectively applicable version.

Section 2

Official measures in case of disease suspicion and confirmation of bluetongue in companies

Measures in the event of suspicion of disease

§ 3. (1) After the notification of the suspicion of Bluetongue in accordance with § § 16 and 17 TSG and the imposition of the provisional arrest of the holding pursuant to § 20 TSG and the requirements of the Bluetongue crisis plan, the the official veterinarian or veterinarian posted pursuant to section 21 (1) of the TSG Veterinarian shall immediately initiate or arrange for the following investigative measures:

1.		Collection and counting of all animals in the stock, indicating the number of animals already in place, infected or suspected; this count must be kept up-to-date in order to ensure that all those who have been born or have died in the period during the period of suspicion have been updated. animals; these data are the official veterinarian; submit to the official veterinarian on request and can be checked at any check;
2.		Verification of the labelling and the inventory register in accordance with the Animal Identification and Registration Ordinance 2009-TKZVO 2009, BGBl. II No 291/2009, as last amended by BGBl. II No 35/2011, as well as the cattle identification regulation 2008, BGBl. II No 201/2008, as last amended by BGBl. II No 66/2010;
3.		-to identify the places which favour or facilitate the survival of vectors, in particular those places which favour their propagation;
4.		conducting research on epidemiology in accordance with the Bluetongue crisis plan;
5.		in-depth clinical examination of the animals suspected of being infected and taking samples of dead animals or animals, respectively as well as to carry out laboratory diagnostic tests;
6.		Sampling of blood samples from a statistically significant number of susceptible animals of the stock (according to the Bluetongue contingency plan) for the purpose of carrying out laboratory diagnostic tests. In this case, it is primarily those animals that are most likely to be sampled with the highest probability of being able to circulate virus (suspicionial examination). At the discretion of the official veterinarian, The official veterinarian may also carry out an inventory study in accordance with § 4 (4).

(2) The provisional arrest of the holding shall be maintained until the suspicion or the outbreak of the disease is confirmed on the basis of measures taken pursuant to paragraph 1 (1) (5) and (6) of this Directive.

Measures in the event of disease outbreak

§ 4. (1) After the conclusion of the outbreak of the bluetongue and the modest suspension of the holding according to § § 23 and 24 TSG, the the official veterinarian or veterinarian posted pursuant to section 21 (1) of the TSG Veterinarian shall immediately initiate or arrange for the investigative measures referred to in Article 3 (1), provided that they have not already been initiated or carried out in the course of an outbreak of the disease. The decision on the operating lock shall include at least the following arrangements:

1.		The movement of susceptible animals from the locked holding shall be carried out without prior authorisation by the official veterinarian or prohibit the official veterinarian.
2.		The introduction of susceptible animals into the locked holding is prohibited.
3.		It is the animal keeper or to the animal keeper, that the treatment of clinically diseased animals by a veterinarian or by a veterinary surgeon is to be treated with the animal: has to be a veterinarian.
4.		The animal keeper or the animal keeper has the official veterinarian after the suspicion or the outbreak of the bluetongue. to inform the official veterinarian immediately, in the case of the processing of an animal of a susceptible species, in order to inform the official veterinarian, give the official veterinarian the opportunity to carry out an investigation in accordance with § 3 (1) Z 5.

(2) The official veterinarian or the official veterinarian may not allow an exemption from the prohibition of movement of the first paragraph of paragraph 1 (movement of animals from the locked holding) only if the animals to be transferred do not show any clinical symptoms of Bluetongue, contagion other animals are excluded by the animals to be transferred from the holding and the animals are not brought out of the protection zone.

(3) In cases where a cure for clinically diseased animals would appear to be excluded on the basis of the serious course of the disease, in spite of a treatment arranged in accordance with paragraph 1 Z 3, the authority must order the killing to be carried out on the animal welfare level.

(4) All susceptible animals of the disease operation shall be the official veterinarian, or To take blood samples from the official veterinarian for the purpose of carrying out laboratory diagnostic tests and to send them to the National Reference Laboratory (stock examination). In the case of fattening animals in boxing posture, the authority may postpone the stock examination at a later date, in which case the operating lock shall be maintained until the conditions of § 6 are fulfilled.

(5) In the event of an outbreak of disease, the following measures shall be taken, provided that this is appropriate and necessary to prevent the spread of the disease:

1.		The animals are to be accommodated in stables at the times when the vectors are active, provided that the necessary means are available for carrying out this measure, that is to say in particular sufficiently large and suitable stables.
2.		The animals shall be treated with appropriate means (such as those with a repellent effect).
3.		The animals, the buildings in which they are housed (in particular places which are ecologically favourable for vectors), and the environment shall be treated regularly with authorised insecticides; the frequency of such treatments shall be: To take account of the remanence of the insecticide used and the climatic conditions in order to avoid attacks of the vectors as far as possible.
4.		The authority has the killing of animals of susceptible species under official supervision in accordance with § § 22 (2) or 25 (1) TSG, as well as the harmless disposal of carcasses in accordance with the provisions of the Animal Material Act, BGBl. I n ° 141/2003, as last amended by the Federal Law BGBl. Regulation (EC) No 1069/2009 laying down health rules for animal by-products not intended for human consumption, and repealing Regulation (EC) No 1774/2002, OJ L 327, 31.12.2002, p. No. 1), as last amended by Directive (EU) 2010 /63/EU, OJ L 327, 22.12.2010, p. No. OJ L 276, 20.10.2010, p. 33. The animals are killed by the official veterinarian. The official veterinarian must take a sufficient number of samples and send it to the national reference laboratory in order to establish the type and duration of the introduction of the bluetongue virus.

(6) If the plant lock cannot be lifted in accordance with § 6 after the stock examination, a further test of all susceptible animals of the stock must be carried out after at least 60 days (post-examination). Those animals which have already been tested in the form of antibodies-positive and antigen-negative for bluetongue already in the context of suspicion, stock or post-investigations under this Regulation are excluded from the post-examination. The post-examination shall be repeated every 60 days until antigen-negative results are available from all animals during the post-examination and all animals born during the curfew have been tested for antigen negative.

Measures to prevent the spread of the disease

§ 5. (1) The measures of § § 3 and 4 may, by way of derogation from § 24 (4) TSG, take account of the epidemiological situation of the Federal Minister of Health by means of the presentation in the "Official Veterinary News" (Official Veterinary News) to the disease holding company. fields, provided that this is necessary to maintain the spread of the disease.

(2) The Authority shall ensure the appropriate labelling and presentation of the areas affected by measures pursuant to Sections 3 and 4, as well as appropriate information for the population, on the restriction measures in force there.

Operational lock-up

§ 6. (1) In accordance with § 4, the Authority shall not be allowed to depart from the Authority until:

1.		the stock examination in accordance with § 4 (4) does not yield an antigen-positive result for any animal and the holding is located within a blocking zone of the same serotype, or
2.		a post-examination in accordance with Section 4 (6) does not result in an antigen-positive result for any animal; or
3.		in the case of all susceptible animals of the holding, vaccination against a bluetongue in accordance with § 10 has been carried out and this vaccination has been completed at least 60 days before the end of the ban on the holding; or
4.		there are no longer any susceptible animals in the holding (Verende, Exceptions to the prohibition of movement pursuant to § 4 (2)).

(2) In addition, there must be antigen-negative results of all animals born during the course of the operation of the operation of the deblocking of the operation.

Section 3

Zone laying, measures in the protection and control zone

Zone laying

§ 7. (1) immediately after the official confirmation of the outbreak of Bluetongue in a holding, the Authority shall notify the Federal Minister of Health; the latter shall have a protection zone with a radius of at least 100 km for the disease operation; and an adjoining control zone with a radius of at least 50 km in addition.

(2) The areas referred to in Annex A shall be taken into consideration by the Federal Minister for Health from the date stated therein

1.		the results of the epidemiological studies carried out, including the determination of serotype,
2.		the geographical conditions and, in particular, natural or artificial borders;
3.		the location and the proximity of other businesses,
4.		the movement and trade structures of susceptible animals, as well as the presence of slaughterhouses and premises for the processing of carcases, and
5.		the facilities and staff for the control of any movements of susceptible animals within the zones, in particular where the animals to be killed must be brought from their holding of origin,
to the protection zone.

(3) The areas referred to in Annex B shall be taken into consideration by the Federal Minister for Health from the date stated therein

1.		the results of the epidemiological studies carried out,
2.		the geographical conditions and, in particular, natural or artificial borders;
3.		the location and the proximity of other businesses,
4.		the movement and trade structures of susceptible animals, as well as the presence of slaughterhouses and premises for the processing of carcases, and
5.		the facilities and staff for the control of any movements of susceptible animals within the zones, in particular where the animals to be killed must be brought from their holding of origin,
to the control zone.

(4) The authorities of the areas concerned shall ensure the appropriate labelling and presentation of the zone borders, as well as appropriate information on the part of the population concerning the restriction measures in force in the protection and control zones.

(5) Following the definition of the zones referred to in paragraph 1, the regional governor, in each case locally responsible, shall have the Federal Minister for Health in writing, at least once a month, in writing, on the disease situation and on the basis of this Regulation the measures taken.

Measures in the protection zone

§ 8. The Authority shall immediately collect all establishments in which animals of susceptible species are kept and to monitor compliance with the measures laid down in Regulation (EC) No 1266/2007.

(2) In case of shipments within Austrian protected zones, animals of susceptible species may be brought from non-blocked holdings if they do not have any clinical symptoms of bluetongue on the day of the shipment. An appropriate confirmation shall be issued by the animal keeper. In the case of bovine animals, this confirmation can be integrated in the AMA cattle traffic ticket/delivery note, in the case of sheep and goats in the accompanying VIS document or in the AMA livestock transport certificate/delivery note; in any case, it is to be noted in the accompanying or delivery note whether: and when the animals were vaccinated.

(3) The conditions of paragraph 2 shall also apply to shipments

1.		from a protection zone into a control zone; and
2.		from a protected zone to a free area
in compliance with the conditions laid down in Regulation (EC) No 1266/2007.

Measures in the control zone

§ 9. The Authority shall immediately collect all establishments in which animals of susceptible species are kept and to monitor compliance with the measures laid down in Regulation (EC) No 1266/2007.

(2) Animals of susceptible species may be transported within Austrian control zones if they do not have any clinical symptoms of bluetongue on the day of the shipment. An appropriate confirmation shall be issued by the animal keeper. In the case of bovine animals, this confirmation can be integrated in the AMA cattle traffic ticket/delivery note, in the case of sheep and goats in the accompanying VIS document or in the AMA livestock transport certificate/delivery note; in any case, it is to be noted in the accompanying or delivery note whether: and when the animals were vaccinated.

(3) The conditions set out in paragraph 2 shall also apply to shipments from a control zone to a free area subject to compliance with the conditions laid down in Regulation (EC) No 1266/2007.

Vaccinations

§ 10. (1) At the request of the animal keeper or the keeper may be subject to a vaccination against a bluetongue on grounds of animal welfare or on the basis of trade-related considerations, provided that:

1.		the vaccination is exclusively against one or more of the Annex C listed serotypes,
2.		a vaccine authorised for the animal species is used; and
3.		the vaccinated animals have a single animal identification.

(2) According to Article 12 (2) of the TSG, the treating veterinary surgeon has to notify the attending veterinarian of the intended vaccination of the competent authority in advance and immediately after the competent authority has been carried out. A complete documentation shall be provided through the use of VIS.

(3) The number of vaccinations carried out in one calendar year pursuant to para. 1 shall be announced to the Federal Ministry of Health by the Governor of the State of the State until 30 April of the following year.

(4) vaccinations with attenuated live vaccines are prohibited.

Section 4

Final provisions

Compensation and penal provisions

§ 11. (1) The provisions of Sections VI and VII of the TSG shall apply to compensation.

(2) The provisions of the VIII shall apply to infringements of the provisions of this Regulation. Section of the TSG.

Implementation of Union law provisions and references

§ 12. This Regulation implements Directive 2000 /75/EC in Austrian law and lays down the framework conditions for the implementation of Regulation (EC) No 1266/2007.

Override

§ 13. With the entry into force of this Regulation, the Bluetongue Control Ordinance, BGBl. II No 148/2008, as last amended by BGBl. -No 240/2009, except for force.

Stöger