FMD - VACCINATION & EXPORT

1.	Introduction

Farmers are rightly concerned that the use of vaccine to control the current epidemic of foot and mouth disease (FMD) will affect their ability of to export live animals, meat and meat products. However, contrary to perceived wisdom, the use of emergency vaccination would not delay resumption of exports. In fact, such vaccination would expedite a return to normality and hasten the time when exports can be resumed. To rectify misunderstandings and distortions, the correct situation is set out in this paper. 

2.	Current situation

At this time, the export of British meat and meat products is banned by the EU under Article 30 (formerly Article 36 of the Treaty of Rome) of the Treaty Establishing the European Community (TEC). This Article permits prohibitions and restrictions on exports for "…the protection of health, (and the) life of… animals". 

While the epidemiological situation in the UK remains unclear, the effective export ban will remain in place. Only once the epidemic is under control and the UK government can demonstrate that FMD has been fully contained will an application to remove the blanket prohibition be entertained. 

3.	International export rules 

General rules for the conduct of international trade in respect of foot and mouth disease are set out in the "International Health Code - 2000" published by the Office International des Epizooties (World Organisation for Animal Health) in Paris. Chapter 2.1.1. refers. 

In relation to the current foot and mouth epidemic in the UK, and our ability to export with and without vaccination, Articles 2.1.1.2 and 2.1.1.3 apply. Respectively, these relate to "FMD free" countries where "vaccination is not practiced" and "FMD free" countries where "vaccination is practiced". 

To qualify for disease-free status, where vaccination is not practiced, the country must demonstrate that there has been no outbreak and no vaccination for the last 12 months. In other words, in relation to the current epidemic, we get our "disease-free status" back one year after the last time we used vaccine or after the last outbreak, whichever is the later. 

If we use vaccine now, to contain and cut short the outbreak, we will still be getting outbreaks after we vaccinate, but the last outbreak will occur before it would otherwise have occurred if we did not use vaccine. Therefore, under OIE rules, we would regain our disease-free status sooner if we vaccinate. 

On the other hand, if we wished to go for FMD free status "where vaccine is practiced", we would have to wait two years from the last outbreak before we qualify. But there is no intention to continue vaccination beyond that which is necessary to contain the epidemic and eliminate infection, so this rule would not apply to our present situation. 

Nowhere in the OIE code does it specify or require that vaccinated animals are slaughtered and nor would it make any difference whatsoever to the speed with which the UK returns to foot and mouth free status. The operative date, from when disease-free status kicks in, is determined by the last date of vaccination (or the last outbreak, as the case may be). Whether animals are slaughtered or not is irrelevant. 

4.	The EU rules 

Community rules dealing with foot and mouth are set out in Council Directives 85/511/EEC and 90/423/EEC. However, restrictions on movement - i.e., export to other member states - are dealt with in Directive 64/432/EEC (as amended by 89/662/EEC et seq). Article 4a prohibits intra-community trade in animals: "from a Member State which has, during the previous 12 months, practised prophylactic vaccination or has had recourse, in exceptional cases, to emergency vaccination on its territory". 

In this context, the restriction which applies to the trade in vaccinated animals - of 12 months - is in any event over-ridden by the prohibition of sale of animals (article 3) from territories which have not been free from foot and mouth for 12 months, which brings the EU law in conformity with the OIE rules. 

As with the OIE rules, there is no requirement in EU law - or domestic law - for vaccinated animals to be slaughtered. Nor would the UK's "disease-free" status be delayed if animals are not slaughtered - as long as vaccination was used only for emergency purposes, rather than for routine prevention. Nor is selling either milk or meat on the domestic markets prohibited. Whether animals are vaccinated or not, controls remain in place until clearance is given. 

5. Conclusion 

Much of the current debate about vaccination is distorted by misunderstanding and confusion about the legal requirements. This is understandable as the original Directive (64/432/EEC) which sets out the export restrictions has been amended 27 times. In fact, the time restriction imposed relative to vaccination and outbreaks are the same - one year. We cannot apply for "disease-free" status until one year after emergency vaccination or have finished clearing up the last outbreak which ever is the later. Therefore, there can be no question of emergency vaccination delaying resumption of exports. 

There has also been some confusion about the rules applicable to types of vaccination strategy. If the UK chose to adopt a policy of routine vaccination, as a response to the current epidemic, then the delay before exports could be resumed becomes two years. But this strategy is not proposed. The delay following emergency vaccination is one year. 

Richard North (Dr) 
Agriculture Spokesman 
UK Independence Party 
31 March 2001 

ends 

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