6.4.2001 Official Journal of the European Communities L 96/19 COMMISSION COMMISSION DECISION of 5 April 2001 amending Decision 2001/246/EC laying down the conditions for the control and eradication of foot-and-mouth disease in the Netherlands in application of Article 13 of Directive 85/511/EEC (notified under document number C(2001) 1070) (Text with EEA relevance) (2001/279/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (%), as last amended by Directive 92/118/EEC (), and in particular Article 10 thereof, Having regard to Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (*), as last amended by the Act of Accession of Austria, Finland and Sweden, and in partic- ular Article 13(3) thereof, Whereas: (1) Based on a programme to employ suppressive vaccina- tion submitted by the competent authorities of the Neth- erlands, the Commission adopted Decision 2001/ 246[EC (% laying down the conditions for the approval and eradication of foot-and-mouth disease in the Nether- lands in application of Article 13 of Directive 85/ 511/EEC. (2)  Based on a programme to employ protective vaccination submitted by the competent authorities of the United Kingdom, the Commission adopted Decision 2001/ 257[EC (°) laying down the conditions for the approval and eradication of foot-and-mouth disease in the United Kingdom in application of Article 13 of Directive 85/ 511/EEC. (3)  The competent authorities of the Netherlands have now presented to the Commission a programme to employ in addition to the measures laid down in Decision 2001/ 246[EC protective vaccination as an additional instru- ment to control and eradicate foot-and-mouth disease, taking into account the epidemiological situation and () O] L 224, 18.8.1990, p. 29. () O] L 62, 15.3.1993, p. 49. () O] L 315, 26.11.1985, p. 11. () O] L 88, 28.3.2001, p. 21. () O] L 91, 31.3.2001, p. 98. the high density of susceptible animals in certain parts of the territory. (4)  The principles provided for in Article 13 of Directive 85/511/EEC require to balance the decision on resorting to vaccination against basic Community interests which must not be endangered. (5)  Recourse to any kind of vaccination will inevitably jeop- ardise the foot-and-mouth disease status in terms of international trade not only for the Member State or part of its territory where vaccination is carried out. (6)  The Commission prior to taking a Decision on emer- gency vaccination must ensure that the measures to be taken include at least those provided for in Article 13(3) first to sixth indent of Directive 85/511/EEC. (7) It is the purpose of this Decision to define the condi- tions under which the Netherlands may apply emer- gency vaccination without prejudice to Commission Decision 2001/223/EC (°) as last amended. (8)  The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commiittee, HAS ADOPTED THIS DECISION: Article 1 Decision 2001/246/EC is amended as follows: 1. A third paragraph is added to Article 1 as follows: ‘3. Protective vaccination shall mean emergency vaccination of bovine animals in identified holdings situated in the vaccination zone, which is carried out exclusively in conjunction with pre-emptive killing of certain catego- ries of other animals of susceptible species as defined in paragraph 1 whether or not in conjunction with suppressive vaccination as defined in paragraph 2. (9 OJ L 82, 22.3.2001, p. 29.