This Decree lays down rules on the national control of infectious bovine rhinotracheitis/infectious pulpovaginitis in bovine animals in the Netherlands.

Decree of […] amending the Animal Keepers Decree [Besluit houders van dieren] in connection with the control of infectious bovine rhinotracheitis and infectious pustular vulvovaginitis in bovine animals in the Netherlands

The Decree provides for an obligation for keepers of bovine animals to vaccinate their bovine animals against bovine herpes virus-1 (BoHV-1). Alternatively, keepers may also choose to examine their bovine animals for the presence of IBR/IPV and to dispose of any infected bovine animals. When a virus spreads within an establishment, it is mandatory to carry out vaccination in order to prevent possible further spread. These rules serve to codify a practice that is already being followed by almost the entire Dutch dairy farming sector and about a quarter of other cattle farms, and are the starting point of a national control programme that will in future be submitted to the European Commission for assessment. The Netherlands assumes a maximum period of four years from the entry into force of this Decree, after which the Dutch programme will be submitted to the European Commission for assessment. During this period, the progress of the national response will be closely monitored. If developments are favourable, a possible earlier submission of the programme to the European Commission for assessment may be considered.

The rules in this Decree do not preclude operators from applying for ‘IBR/IPV-free establishment’ status under the provisions of Regulation (EU) 2020/689.
Articles 1.64, 1.65, 1.66 (vaccination requirement) may constitute a technical regulation because they concern another requirement relating to the use of the bovine animal, which could significantly affect the placing on the market of the bovine animal. Operators who keep vaccinated bovine animals may no longer move these bovine animals to countries with IBR/IPV-free status (Article 11(2) of Regulation (EU) 2020/688). The imposition of a vaccination requirement may entail that operators in other Member States who wish to obtain the status of ‘establishment free from IBR/IPV’ for their establishment might no longer wish to receive vaccinated bovine animals from the Netherlands. In order to obtain this status, bovine animals at the establishment must not have been vaccinated for two years.
Articles 1.72 to 1.80 (various examinations and removal of infected bovine animals) may contain technical regulations.
The articles lay down requirements for carrying out examinations and disposing of infected bovine animals. Business operations and trading are affected. If IBR/IPV is found in a bovine animal, the animal must be removed from the establishment, or the operator must vaccinate their bovine animals.
One consequence of the possible technical regulations may be that, although this is not an obligation under this programme, operators in the Netherlands will prefer to import unvaccinated bovine animals that are free of IBR/IPV from other Member States.
Articles 1.80, 1.81 and 1.83 to 1.88 relate to vaccination and examination requirements and stipulate that operators must record certain data regarding vaccination and examination results and report this to the Minister. Operators must also submit certain data on vaccination or test results to each other when importing and exporting bovine animals to other establishments in the Netherlands. These rules are necessary for enforcement and efficient control of IBR/IPV.
A provision on mutual recognition is not necessary because the draft Decree does not impose any restrictions on the introduction of goods (specifically bovine animals) or services into the Netherlands.