439. Ordinance of the Federal Minister of Health, with which the BVD Regulation 2007 will be amended (BVD Regulation novella 2010)

On the basis of § 2 (1) to (3) and Section 7 (1) and (3) of the Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 13/2006 and the amendment of the Federal Ministries Act, Federal Law Gazette (BGBl). I n ° 3/2009, is assigned in accordance with § 19 TGG in agreement with the Federal Minister of Finance and the Federal Minister for Agriculture, Forestry, Environment and Water Management:

The BVD Ordination 2007, BGBl. II No 178/2007, shall be amended as follows:

1. § 2 para. 1 Z 9 reads:

" 9.		Tank milk sample (TM): milk collection sample delivered by a stock to an Austrian territorial laboratory or taken from an official sample taker. "

2. § 4 (1) Z 2 reads:

" 2.		the Landesanstalt für veterinary examinations in Klagenfurt or "

3. § 7 (5) reads:

" (5) In the course of the examination of the juvenation window, the basic examination shall be completed if the following conditions are met in the period of at least one year:

1.		The blood samples of the five youngest bovine animals in the juvenile window must have an antibody-negative result, the age difference between the oldest and the youngest of these five bovine animals being at least four months. , and
2.		All blood samples of two further young animal windows, which have been examined at intervals of at least five to a maximum of fourteen months, have an antibody-negative result, or
3.		all milk samples or blood samples of two further groups of young cows examined at a distance of at least five months to a maximum of fourteen months after the examination of the juvenation window have an antibody negative result, or
4.		two other tank milk samples examined at least five to a maximum of fourteen months after the study of the juvenation window below the limit value for BVD-virus-free stocks, and
5.		since the beginning of the basic examination, no cattle of the herd had contact with a suspected bovine. "

4. § 8 Z 2 reads:

" 2.		An inventory study without evidence of a persistently infected bovine animal:
a)			If a persistent infected bovine animal is not detected during the stock examination, the investigation of the stock shall be carried out. The post-examination must be carried out within the first five weeks of life of the postborn calves. The authority must be reported to the authority and to the BVD to investigate dead and dead-born, unexamined bovine animals.
b)			After the completion of the post-examination and at the earliest one year after the stock examination, the basic examination shall be continued through the examination of the juvenation window. If all blood samples of the juvenation window have an antibody-negative result, the herd is considered to be officially recognised BVD-virus free.
c)			Bovine animals not inspected shall not be placed on the market or slaughtered and shall be kept in closed stables until such time as a negative result has been obtained, or in closed stables, to exclude contact with bovine animals of other stocks. Exceptions to this are those bovine animals which are not examined and for which the status of "BVD-virus-free" is to be adopted on the basis of the existing lineage conditions. "

5. § 8 Z 3 reads:

" 3.		An inventory study with evidence of a persistently infected bovine animal:
a)			It shall be prohibited to place on the market a bovine animal in which the examination on antigen has produced a questionable or positive result. Such bovine animals shall be kept in closed stables, or to spend in closed stables. Apart from this, the placing of a bovine animal into a slaughterhouse situated in Austria for the immediate subsequent slaughter. The spending may only be carried out individually or jointly with animals which are intended for the immediate subsequent slaughter.
b)			If an inventory study has not yet been carried out, it shall be carried out immediately after detection of the first antigen-positive bovine animal.
c)			Persistent infected bovine animals must be slaughtered or killed within 14 days of receipt of the official order, or they may, taking into account the epidemiological situation, after consultation of the official veterinarian, with the The investigative body shall be subjected to a repeat examination.
d)			In the re-examination, antigen-negative bovine animals are considered free of BVD virus when the antigen examination is carried out via the investigation of BVD-specific nucleic acids or by the attempt to isolate the BVD virus on cell culture with negative The result has been achieved.
e)			After eradication of a persistently infected cattle, the reinvestigation of the stock must be carried out. The post-examination must be carried out within the first five weeks of life of the postborn calves. The authority must be reported to the authority and to the BVD to investigate dead and dead-born, unexamined bovine animals.
f)			After completion of the post-examination and at the earliest one year after removal of the last persistent infected bovine, the basic examination shall be completed by examining the juvenation window. If all blood samples of the juvenation window have an antibody-negative result, the herd is considered to be officially recognised BVD-virus free. Herds where the completion of the basic investigation is not possible due to a small number of bovine animals capable of being investigated, shall be deemed to be officially BVD-virus-free if blood samples taken from bovine animals capable of being tested are: After removal of the last persistently infected cattle, no bovine contact with a suspected bovine animal had been shown. Bovine animals in which antibodies have been detected in the course of a previous investigation after the twelfth month of life are excluded from this obligation to investigate.
g)			Bovine animals which have not been investigated shall be kept in closed stables until the result of a negative test result, or in closed stables, to exclude contact with bovine animals of other stocks. Exceptions to this are those bovine animals which are not examined and for which the status of "BVD-virus-free" is to be adopted on the basis of the existing lineage conditions. "

6. § 9 para. 2, first sentence reads:

"(2) The inspection of officially recognised BVD-virus-free stocks shall be carried out at least once within 14 months."

Section 10 (2) reads as follows:

" (2) Stocks in which the completion of the basic investigation is not possible due to the too small number of bovine animals capable of being investigated shall be considered officially free of BVD virus when blood samples taken from bovine animals which are capable of being tested are subject to the following conditions: Antibody-negative test results show or all of the neonatal calves have been examined within the first seven days of life with negative results on BVD antigen. Bovine animals in which antibodies have been detected in the course of a previous investigation after the twelfth month of life are exempted from this obligation to investigate. "

8. § 11 (1) reads:

" (1) If a suspected BVD-virus-free stock is suspected of a current BVD event or a persistent infected bovine animal, or if the control examination for herd monitoring has not been established in accordance with § 9 para. 2, the following shall not be considered. , the stock shall be deemed to be a BVD suspect, and it shall be carried out in accordance with § 8. "

9. § 14 together with headline reads:

" placing on the market of bovine animals

§ 14. (1) A non-pregnant bovine animal from an officially recognised BVD-virus-free stock may only be placed on the market if a single animal test ensures that the bovine animal is not persistently infected. A single animal test for bovine animals from such stocks shall be deleted up to a period of six months, provided that the conditions laid down in paragraph 6 are met and from an age of six months, if:

1.		the basic examination or the last inspection shall not be longer than three months, or
2.		the bovine animal in question has already been held in the herd concerned at the time of the last inspection, at least six months.

(2) A non-pregnant bovine animal from a suspected herd may be placed on the market only if it is ensured that the bovine animal is not persistently infected.

(3) A pregnant bovine animal from an officially recognised BVD virus free stock may be placed on the market only if it is ensured that the bovine animal is not persistently infected and if it is at least three months prior to the date of the The placing on the market of a single animal test with BVD antibody-negative result has been subjected to the procedure. The single-animal test shall be omitted if the basic or final inspection has been carried out for a period not exceeding three months and the bovine animal in question has already been carried out at least six months at the time of the last investigation. has been held. The single animal test for BVD antibodies is also deleted for a pregnant bovine animal from an officially recognised BVD-virus-free herd, which is officially virus-free in accordance with Section 9 (8) or § 10 (2) if the bovine animal is on Community pastures. , provided that it is ensured that the bovine is not persistently infected and that it is not to be expected that the bovine animal will be calmsed on the common pasture.

(4) A pregnant bovine animal from a suspected stock may be placed on the market only if it is ensured that the bovine is not persistently infected, and if it is a single animal test with BVD antibody-negative result has been submitted. The sampling of the single animal blood sample for the study on BVD antibodies must not be taken before the 150. Pregnancy Day.

(5) A pregnant bovine animal may be placed on the market only if the detection of BVD antibodies has been carried out after the ninth month of life and before the occupancy and the bovine animal has not been vaccinated against BVD.

(6) If, due to the assessment of the results of the investigation, no BVD events are likely to be taken into account in an area, the Federal Minister of Health may, taking into account the regional epidemiological conditions. an exemption from the mandatory individual animal test for bovine animals from an officially recognised BVD virus free stock up to an age of six months as referred to in paragraph 1, in each case for a period of twelve months, provided that:

1.		proof of the BVD measures has been carried out in this area,
2.		the number of new outbreaks is consistently low; and
3.		the basic or final inspection has not been longer than three months.
Such areas as well as the beginning and end of the derogation are to be made known by the Federal Minister of Health in the "Official Veterinary Messages". The exception to the mandatory individual animal test as referred to in paragraph 1 shall apply only to a movement within a given territory, between the territories made known or for a movement in accordance with paragraph 8 Z 4. As an alternative, however, the examination of ear tissue samples in accordance with § 3 (3) may also be carried out instead of the waiver of the examinations mentioned.

(7) The placing on the market within the meaning of section 14 of this Regulation shall apply to the movement of a bovine animal from the holding of livestock

1.		on a market, an auction, an exhibition or an animal show, or
2.		to a different stock or to the cover business, or
3.		on common pastures and home pastures.

(8) The placing on the market within the meaning of section 14 shall not apply:

1.		the movement of a bovine animal into a slaughterhouse situated in Austria or a slaughterhouse market situated in Austria for the immediate subsequent slaughter;
2.		the direct transfer of a bovine animal from an officially recognised BVD-virus-free stock into a herd which only holds bovine animals to the mast if it is ensured that the contact has been brought within Austria as part of the transfer of the contact within Austria. , and this Regulation shall be excluded from bovine animals;
3.		the placing of a bovine animal on a pasture situated in Austria, if the contact with bovine animals of other stocks is certainly excluded in the course of the movement and the grazing;
4.		the direct transfer of bovine animals from an officially recognised BVD-virus-free herd to another Member State or to a third country if it is ensured that the movement or transfer of bovine animals is carried out in the course of the shipment or the export of contact with bovine animals spent within Austria and subject to this Regulation is excluded.
For bovine animals which are moved according to Z 1 to 4, the obligation to investigate is no longer required. However, this derogation from the obligation to investigate does not apply to bovine animals from a herd which is subject to the investigation.

(9) In derogation from the provisions of paragraph 1 and paragraph 7, Z 1, non-pregnant bovine animals from an officially recognised BVD-virus-free stock may be transferred to a market, an auction, in commercial stables or on collection points, provided that: ensure that the bovine animals spent on the market, on the auction, in the barn or at the collection point and at the farm of destination are placed in their own stall for as long as they are physically separated from pregnant bovine animals until a The results of the study show that bovine animals are not persistently infected. These bovine animals may only be transported separately from pregnant bovine animals. The separation of these bovine animals from pregnant bovine animals during transport, the market, the auction, in the barn or at the collection point shall be ensured by the person entitled to dispose of the bovine animal by the bovine animal. The Authority shall control markets, auctions, commercial premises and collection points, as well as sample transports and destination establishments, in respect of compliance with these provisions. "

10. § 15 together with headline reads:

" Certificates

§ 15. (1) The owner of the animal shall ensure that appropriate veterinary health certificates are issued for bovine animals which are placed on the market in the Member State. These certificates must be drawn up in order to ensure that the bovine animals are

1.		come from an officially recognised BVD-virus-free stock, the last of which is not longer than three months, or
2.		have been subjected to a single animal testing in accordance with § 14.
The date of the last investigation, the date of entry of the animal and the result of the examination shall be given in the case of a single-animal test.

(2) The health certificate shall contain the indication as to whether the result of the examination also allows the movement of a pregnant bovine animal and, in this case, also has the BVD status (officially recognized BVD-virus-free or suspicious) of the The origin of the pregnant animal must be expleted.

(3) The health certificate referred to in paragraphs 1 and 2 shall be issued by the official veterinarian or by the authorities responsible for the state governor. The certificate shall be issued for each bovine animal. Test reports prepared in accordance with EN/ISO 17025 may be used as a health certificate for a single animal test, provided a reference to the pregnancy is included.

The health certificates referred to in paragraph 1 shall be accompanied by the bovine animal and shall be kept by the consignee for at least five years and shall be submitted to the Authority for control at the request of the competent authority. "

11. According to Article 21 (2), the following paragraph 3 is added:

"(3) The exceptional permits issued and made available under the provisions in force until 31 March 2011 shall apply."

Stöger