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Document 32023R0594
Commission Implementing Regulation (EU) 2023/594 of 16 March 2023 laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/594 of 16 March 2023 laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/594 of 16 March 2023 laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605 (Text with EEA relevance)
C/2023/1676
OJ L 79, 17.3.2023, p. 65–150
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force: This act has been changed. Current consolidated version: 08/10/2024
17.3.2023 |
EN |
Official Journal of the European Union |
L 79/65 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/594
of 16 March 2023
laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 71(3) and 259(1) thereof,
Whereas:
(1) |
African swine fever is an infectious viral disease affecting kept and wild porcine animals and can have a severe impact on the concerned animal population and the profitability of farming causing disturbance to movements of consignments of those animals and products thereof within the Union and exports to third countries. |
(2) |
Regulation (EU) 2016/429 establishes a legislative framework for the prevention and control of diseases, which are transmissible to animals or humans. African swine fever falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, the Annex to Commission Implementing Regulation (EU) 2018/1882 (2) lists African swine fever as a category A, D and E disease affecting Suidae, while Commission Delegated Regulation (EU) 2020/687 (3) supplements the rules for the control of category A, B and C diseases laid down in Regulation (EU) 2016/429, including disease control measures for African swine fever. |
(3) |
Regulation (EC) No 1069/2009 of the European Parliament and of the Council (4) lays down animal health rules for animal by-products in order to prevent and minimise risks to animal health arising from those by-products. In addition, Commission Regulation (EU) No 142/2011 (5) lays down certain animal health rules for animal by-products falling within the scope of Regulation (EC) No 1069/2009, including rules regarding the certification requirements for movements of consignments of those by-products in the Union. Those Regulations do not cover all the specific details and aspects in relation to the risk of the spread of African swine fever through animal by-products obtained from porcine animals kept in restricted zones II and III and animal by-products obtained from wild porcine animals from restricted zones I, II and III. It is therefore appropriate to lay down in this Regulation special disease control measures related to those animal by-products and movements of consignments of such animal by-products from restricted zones I, II and III. |
(4) |
Commission Implementing Regulation (EU) 2021/605 (6) was adopted within the framework of Regulation (EU) 2016/429, and it lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States listed in Annex I thereto, in restricted zones I, II and III, as listed in that Annex. The rules laid down in that Implementing Regulation were aligned, as much as possible with international standards such as those set out in Chapter 15.1 ‘Infection with African swine fever virus’ of the Terrestrial Animal Health Code of the World Organization for Animal Health (7) (WOAH Code). |
(5) |
This Regulation should also provide for a regionalisation approach, which should apply in addition to the disease control measures laid down in Delegated Regulation (EU) 2020/687 and it should list the restricted zones of Member States affected by outbreaks of African swine fever or at risk due to their proximity to such outbreaks (the Member States concerned). Those restricted zones should be differentiated by the epidemiological situation of African swine fever and the level of risk and classed as restricted zones I, II and III, with restricted zone III listing the areas with the highest level of risk for the spread of that disease and the most dynamic disease situation in kept porcine animals. In addition, those restricted zones should be listed in Annex I to this Regulation taking account of the information provided by the competent authorities of the Member States concerned as regards the disease situation, scientifically based principles and criteria for geographically defining regionalisation due to African swine fever, and the Union’s guidelines on African swine fever agreed with the Member States within the Standing Committee on Plants, Animals, Food and Feed and publicly available on the Commission’s website (8), as well as the level of risk for the spread of African swine fever and the overall epidemiological situation of African swine fever in the Member State concerned and in the neighbouring Member States or third countries, where relevant. Furthermore, any subsequent amendments of the boundaries of the restricted zones I, II and III in Annex I to this Regulation should be based on similar considerations as were used for listing and should take account of international standards, such as WOAH Code, indicating the absence of the disease for a period of at least twelve months in the zone or a country. In certain situations, taking account of the justification provided by the competent authority of the Member State concerned and scientifically based principles and criteria for geographically defining regionalisation due to African swine fever and guidelines available at Union level, that period should be reduced to three months. |
(6) |
Since the date of adoption of Implementing Regulation (EU) 2021/605, the epidemiological situation in the Union has evolved and new experience and knowledge on the epidemiology of African swine fever has been gathered in the Member States. Therefore, it is appropriate to review and adapt the current special disease control measures for African swine fever laid down in that Implementing Regulation taking account of those developments and in order to prevent the spread of that disease in the Union. Accordingly, the special disease control measures laid down in this Regulation should take account of the experience gained in the application of Implementing Regulation (EU) 2021/605. |
(7) |
Implementing Regulation (EU) 2021/605 lays down special disease control measures for African swine fever that, in general, apply to movements from restricted zones I, II and III of consignments of porcine animals kept in those restricted zones and products thereof. However, the movements of consignments of porcine animals kept in restricted zones I, II and III and products thereof within the restricted zones also present risks in relation to the spread of that disease and contribute to the lengthy persistence of the disease in those restricted zones. Therefore, taking account of the epidemiological situation of African swine fever in the Member States concerned, it is appropriate to lay down specific prohibitions and risk mitigating measures for the movements of consignments of kept porcine animals within those restricted zones and expand the scope of the current special disease control measures laid down in Union rules accordingly. |
(8) |
In the past, to ensure an effective and quick reaction to emerging risks, such as confirmation of an outbreak of African swine fever in a previously disease-free Member State or zone, individual Commission Implementing Decisions were adopted, where relevant, to rapidly identify at Union level the restricted zone for outbreaks of African swine fever in kept porcine animals, which comprised protection and surveillance zones, or the infected zone in the case of an outbreak of that disease in wild porcine animals, as provided for in Delegated Regulation (EU) 2020/687. In order to ensure clarity and transparency of Union rules, it is appropriate that following confirmation of an outbreak of African swine fever in kept or wild porcine animals in a previously disease-free Member State or zone, the concerned areas are identified at Union level as protection and surveillance zones or, in the case of wild porcine animals, as an infected zone and listed in Annex II to this Regulation with the duration of that regionalisation. In order to ensure a territorial continuity of restricted zones for kept or wild porcine animals, in specific situations and taking account of the risk assessment, where relevant, it should also be possible to list previously disease-free zones after the confirmation of an outbreak of African swine fever as restricted zones II or III in Annex I to this Regulation instead of listing these zones in Annex II hereto. |
(9) |
Taking account of the evolving epidemiological situation of African swine fever in wild porcine animals in the Union, the special disease control measures, including relevant derogations, applicable to restricted zones II laid down in this Regulation should also apply in the infected zones listed in Annex II hereto, in addition to the measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. However, due to the immediate risk of the further spread of that disease detected in wild porcine animals, movements of consignments of kept porcine animals and products thereof to other Member States and to third countries should not be authorised from the infected zones listed in Annex II hereto. |
(10) |
Article 16(2) of Implementing Regulation (EU) 2021/605 provides for a derogation from the requirement for stock-proof fencing for certain establishments of kept porcine animals for a period of three months after the confirmation of a first outbreak of African swine fever in the Member State subject to certain conditions. Taking account of the specific situation in the Member States when such stock-proof fences cannot be built within a short period of time for technical and administrative reasons, it is appropriate to provide for an extended period of six months in this Regulation, in order to ensure the proper implementation of the special disease control rules for African swine fever in a previously disease-free Member State or zone. |
(11) |
Articles 166 and 167 of Regulation (EU) 2016/429 require that consignments of products of animal origin from terrestrial animals produced or processed in establishments, food businesses or zones subject to emergency measures or movement restrictions, must be accompanied by the relevant animal health certificates. Article 19 of Implementing Regulation (EU) 2021/605 lays down operators obligations with regard to animal health certificates for movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals from restricted zones I, II and III and lists the consignments for which the health or identification mark may substitute the animal health certificate for movements of certain consignments from those restricted zones. In order to ensure the implementation of the special disease control rules for African swine fever, it is necessary to lay down adapted provisions in this Regulation related to the list of establishments for which the competent authority of the Member State concerned may substitute the animal health certificate with the health or identification mark for movements of certain consignments. |
(12) |
Article 10 of Implementing Regulation (EU) 2021/605 lays down specific prohibitions in relation to movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones. In addition, Article 31 of that Implementing Regulation lays down for specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone in the territory of the same Member State. Taking account of the high level of biosecurity measures in place in approved germinal product establishments, specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone III from that restricted zone in the territory of the same Member State should be laid down in this Regulation. Amongst other conditions, such movements should only be authorised by the competent authority of the Member State concerned if donor males and donor females were kept at approved germinal product establishments since birth or for a period of at least three months prior to the collection of the germinal products as provided for in the WOAH Code. Based on the WOAH Code, it is appropriate to lay down also the obligation to test, at least annually, for African swine fever all kept porcine animals in approved germinal product establishments that are authorised for movements of consignments of germinal products from restricted zone III. |
(13) |
Article 14 of Implementing Regulation (EU) 2021/605 lays down the general conditions for derogations from specific prohibitions in relation to movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones. Article 14(1), point (a), of that Regulation refers to a general condition laid down in Article 28(2), point (a), of Delegated Regulation (EU) 2020/687, that requires all authorised movements in the protection zone to be performed exclusively via designated routes. Taking account of other risk-mitigating measures in place for the movements of consignments of porcine animals kept in restricted zones I, II and III provided for in this Regulation and in order to avoid unnecessary restrictions, a reference to the general conditions to grant derogations from prohibitions in the protection zone of Article 28 of Delegated Regulation (EU) 2020/687 should be replaced by a reference to the general conditions for granting derogations from prohibitions relevant to the surveillance zone of Article 43 of that Delegated Regulation, that requires, among other, that all authorised movements are performed prioritising major highways or mainline railways. |
(14) |
Article 35 of Implementing Regulation (EU) 2021/605 lays down specific conditions for authorising movements of consignments of category 3 materials obtained from porcine animals kept in restricted zones II outside those restricted zones within the same Member State for the purpose of the processing of animal by-products by pressure sterilisation or certain alternative methods, manufacturing of pet food and for the transformation of animal by-products and derived products into biogas or compost as provided for in Regulation (EC) No 1069/2009. Taking account of the effectiveness of the relevant processing methods to mitigate risks of African swine fever, it is appropriate also to lay down in this Regulation specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone III outside that restricted zone within the same Member State for the purpose of the processing of animal by-products by pressure sterilisation or certain alternative methods, the manufacturing of pet food and for the transformation of animal by-products and derived products into biogas or compost. |
(15) |
Article 44 of Implementing Regulation (EU) 2021/605 provides for special health or, where relevant, identification marks for certain products of animal origin. These products should be marked with a special health mark or, where relevant, an identification mark that is not oval and cannot be confused with the health mark or identification mark provided for in Article 5(1) of Regulation (EC) No 853/2004 of the European Parliament and of the Council (9). Taking account of the rules laid down in that Regulation and for the effective application of the special disease control rules for African swine fever concerning movements within or from restricted zones of certain consignments of fresh meat and meat products obtained from kept or wild porcine animals and in the interests of clarity, a concrete shape of special marks should be laid down in this Regulation, which provides a comprehensive set of technical measures for the control of that disease. In addition, a transitional period for a harmonised shape of such special marks should be introduced to take account of the specific situation of competent authorities and food business operators in Member States affected by African swine fever that need to make the necessary arrangements to ensure compliance with this Regulation. |
(16) |
The experience gained in the fight against African swine fever in the Union shows that certain risk mitigation and reinforced biosecurity measures are necessary in order to prevent the spread of that disease in establishments of kept porcine animals. These measures should be laid down in the Annex III to this Regulation and should cover establishments subject to derogations laid down for movements of consignments of porcine animals kept in the restricted zones I, II and III. |
(17) |
Since the date of adoption of Implementing Regulation (EU) 2021/605, the epidemiological situation in the Union has further evolved with respect to African swine fever in several Member States, in particular in populations of wild porcine animals, which have played a major role in the transmission and persistence of the virus in the Union. Despite the disease control measures taken by the Member States in accordance with Union rules, wild porcine animals continue to be a major source of transmission and persistence of the presence of that disease in the Union. The outbreaks of that disease in porcine animals present a risk also to the disease-free Member States due to the movements of wild porcine animals or as part of human mediated spread through infected materials. Taking into account the current epidemiological situation in the Union as regards African swine fever, well-co-ordinated and consistent control measures should be taken by the Member States. The application of special disease control measures before the introduction of African swine fever have been also recommended through the scientific advice provided by the European Food Safety Authority (EFSA) in its Scientific Opinion of 12 June 2018 on African swine fever in wild boar (10) and in the Scientific Report of 18 December 2019 on Epidemiological analyses of African swine fever in the European Union (11). |
(18) |
Accordingly, in order to avoid the spread of African swine fever by wild porcine animals, well-coordinated measures by the Member States are crucial to circumvent a duplication of efforts. This Regulation should therefore provide for an obligation on the Member States to establish National action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union, by ensuring a coordinated and consistent approach across the Member States (national action plans). Minimum requirements for the national action plans should take account of scientific advice provided by EFSA, in particular on preventive measures to reduce and stabilise wild boar density before the introduction of that disease, passive surveillance, biosecurity measures during the hunting of wild porcine animals, in order to provide for a harmonised approach in the Member States. These national action plans and the annual results of their implementation should be presented to the Commission and to the other Member States. |
(19) |
The wild porcine animals management measures taken in the context of the national action plans should be compatible, where relevant, with Union environmental rules, including the nature protection requirements, laid down in Directive 2009/147/EC of the European Parliament and of the Council (12) and Council Directive 92/43/EEC (13). |
(20) |
In order to take account of the recent developments in the epidemiological situation of African swine fever in the Union, new experience and knowledge gathered in the Union, and in order to combat the risks associated with the spread of that disease in a proactive manner, revised and extended special disease control rules should be laid down in this Regulation. Accordingly, Implementing Regulation (EU) 2021/605 should be repealed and replaced by this Regulation. |
(21) |
Implementing Regulation (EU) 2021/605 applies until 20 April 2028. Taking account of the current epidemiological situation of African swine fever in the Union, it is necessary to maintain the special disease control measures laid down in this Regulation until that date. |
(22) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
1. This Regulation lays down rules on:
(a) |
special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States (14) which are listed or which have areas listed in Annex I and II (the Member States concerned). Those special disease control measures apply to kept and wild porcine animals and to products obtained from porcine animals in addition to the measures applicable in the protection, surveillance, further restricted and infected zones established by the competent authorities of those Member States in accordance with Article 21(1) and Article 63 of Delegated Regulation (EU) 2020/687. |
(b) |
listing at Union level in Annex I of restricted zones I, II and III following outbreaks of African swine fever; |
(c) |
listing at Union level in Annex II, following an outbreak of African swine fever in a previously disease-free Member State or zone:
|
2. This Regulation also lays down rules on special disease control measures regarding African swine fever to be applied for a limited period of time by all Member States.
3. This Regulation applies to:
(a) |
the movements of consignments of:
|
(b) |
the movements of:
|
(c) |
food business operators handling the consignments referred to in points (a) and (b); |
(d) |
all Member States concerning awareness raising on African swine fever; |
(e) |
all Member States concerning the establishment of national action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union. |
Article 2
Definitions
For the purposes of this Regulation, the definitions laid down in Delegated Regulation (EU) 2020/687 shall apply.
In addition, the following definitions shall apply:
(a) |
‘porcine animal’ means an animal of the species of ungulates of the family Suidae listed in Annex III to Regulation (EU) 2016/429; |
(b) |
‘germinal products’ means porcine semen, oocytes and embryos obtained from kept porcine animals for artificial reproduction; |
(c) |
‘restricted zone I’ means an area of a Member State listed in Part I of Annex I with a precise geographical delimitation subject to special disease control measures and bordering restricted zones II or III; |
(d) |
‘restricted zone II’ means an area of a Member State listed in Part II of Annex I due to an outbreak of African swine fever in a wild porcine animal with a precise geographical delimitation subject to special disease control measures; |
(e) |
‘restricted zone III’ means an area of a Member State listed in Part III of Annex I due to an outbreak of African swine fever in a kept porcine animal with a precise geographical delimitation subject to special disease control measures; |
(f) |
‘previously disease-free Member State or zone’ means a Member State or zone of a Member State, where African swine fever has not been confirmed either in kept or in wild porcine animals during the preceding period of twelve months; |
(g) |
‘area listed in Annex II’ means an area of a Member State listed in Annex II:
|
(h) |
‘Category 2 materials’ means animal by-products referred to in Article 9 of Regulation (EC) No 1069/2009 obtained from kept porcine animals; |
(i) |
‘Category 3 materials’ means animal by-products referred to in Article 10 of Regulation (EC) No 1069/2009 obtained from kept porcine animals; |
(j) |
‘animal by-products approved plant’ means a plant approved by the competent authority in accordance with Article 24 of Regulation (EC) No 1069/2009; |
(k) |
‘approved germinal product establishment’ means an establishment defined in Article 2, point (2), of Commission Delegated Regulation (EU) 2020/686 (15); |
(l) |
‘registered germinal product establishment’ means an establishment defined in Article 2, point (1), of Delegated Regulation (EU) 2020/686. |
CHAPTER II
SPECIAL RULES FOR THE ESTABLISHMENT OF RESTRICTED AND INFECTED ZONES IN THE EVENT OF AN OUTBREAK OF AFRICAN SWINE FEVER
Article 3
Special rules for the immediate establishment of restricted and infected zones in the event of an outbreak of African swine fever in kept or wild porcine animals
In the event of an outbreak of African swine fever in kept or wild porcine animals, the competent authority of the Member State shall immediately establish either:
(a) |
in the case of an outbreak in kept porcine animals, a restricted zone in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687 and subject to the conditions laid down in that Article; or |
(b) |
in the case of an outbreak in wild porcine animals, an infected zone in accordance with Article 63 of Delegated Regulation (EU) 2020/687. |
Article 4
Special rules for the establishment of an additional restricted zone in the event of an outbreak of African swine fever in kept or wild porcine animals
1. In the event of an outbreak of African swine fever in kept or wild porcine animals, the competent authority of the Member State may establish, on the basis of the criteria and principles for the geographical demarcation of restricted zones laid down in Article 64(1) of Regulation (EU) 2016/429, an additional restricted zone bordering the established restricted zone or infected zone referred to in Article 3 of this Regulation in order to demarcate the restricted zone or infected zone from non-restricted areas.
2. The competent authority of the Member State concerned shall ensure that the additional restricted zone referred to in paragraph 1 of this Article corresponds to the restricted zone I listed in Part I of Annex I in accordance with Article 5.
Article 5
Special rules for the listing of restricted zones I in the event of an outbreak of African swine fever in kept or wild porcine animals in an area of a Member State bordering an area where no outbreak of African swine fever has been officially confirmed
1. Following an outbreak of African swine fever in kept or wild porcine animals in an area of a Member State, bordering an area where no outbreak of African swine fever has been officially confirmed in kept or wild porcine animals, that area where no outbreak has been confirmed shall be listed, where necessary, in Part I of Annex I as a restricted zone I.
2. The competent authority of the Member State concerned shall ensure that after the listing of an area in Part I of Annex I to this Regulation as a restricted zone I, an additional restricted zone established in accordance with Article 64(1) of Regulation (EU) 2016/429 is adjusted without delay to comprise at least of the relevant restricted zone I listed in Annex I to this Regulation for that Member State.
3. The competent authority of the Member State shall establish without delay the relevant additional restricted zone in accordance with Article 64(1) of Regulation (EU) 2016/429, if the restricted zone I has been listed in Annex I to this Regulation.
Article 6
Special rules for the listing of restricted zones II or infected zones in the event of an outbreak of African swine fever in wild porcine animals in a Member State
1. Following an outbreak of African swine fever in wild porcine animals in an area of a Member State, that area shall be listed as a restricted zone II in Part II of Annex I to this Regulation, except where that area is subject to listing in accordance with paragraph 2 of this Article.
2. Following an outbreak of African swine fever in wild porcine animals in a previously disease-free Member State or zone, that area shall be listed as an infected zone in Part A of Annex II, except where, due to the proximity of a restricted zone II and in order to ensure territorial continuity of that restricted zone II, that area is subject to listing as a restricted zone II in accordance with paragraph 1 of this Article.
3. The competent authority of the Member State concerned shall ensure that the infected zone established in accordance with Article 63 of Delegated Regulation (EU) 2020/687 is adjusted without delay to comprise, at least for that Member State, the relevant:
(a) |
restricted zone II listed in Annex I to this Regulation for that Member State; or |
(b) |
infected zone listed in Part A of Annex II to this Regulation. |
Article 7
Special rules for the listing of restricted zones in the event of an outbreak of African swine fever in kept porcine animals in a Member State
1. Following an outbreak of African swine fever in kept porcine animals in an area of a Member State, that area shall be listed as a restricted zone III in Part III of Annex I, except where that area is subject to listing in accordance with paragraph 2 of this Article.
2. Following a first and single outbreak of African swine fever in kept porcine animals in a previously disease-free Member State or zone, that area shall be listed as a restricted zone, which comprises protection and surveillance zones, in Part B of Annex II, except when, due to the proximity of a restricted zone III and in order to ensure territorial continuity of that restricted zone III, that area is subject to listing as a restricted zone III in accordance with paragraph 1 of this Article.
3. The competent authority of the Member State concerned shall ensure that the restricted zone established in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687 is adjusted without delay to comprise, at least for that Member State, the relevant:
(a) |
restricted zone III listed in Annex I to this Regulation for that Member State; or |
(b) |
a restricted zone, which comprises protection and surveillance zones, listed in Part B of Annex II to this Regulation. |
Article 8
General and specific application of special disease control measures in restricted zones I, II and III and in infected zones listed in Annex II
1. The Member States concerned shall apply the special disease control measures laid down in this Regulation in restricted zones I, II and III in addition to the disease control measures required to be applied in accordance with Delegated Regulation (EU) 2020/687 in:
(a) |
restricted zones established in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687; |
(b) |
infected zones established in accordance with Article 63 of Delegated Regulation (EU) 2020/687. |
2. The Member States concerned shall apply the special disease control measures laid down in this Regulation applicable to restricted zones II also in the areas listed as infected zones in Part A of Annex II to this Regulation, in addition to the measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687.
3. The competent authority of the Member State concerned shall prohibit the movements of consignments of kept porcine animals and products thereof to other Member States and to third countries from the infected zone of that Member State concerned listed in Part A of Annex II.
4. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 3 shall not apply to the movements of consignments of meat products, including casings, obtained from porcine animals kept in the infected zone listed in Part A of Annex II, which have undergone the relevant risk-mitigating treatment in accordance with Annex VII to Delegated Regulation (EU) 2020/687.
CHAPTER III
SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO CONSIGNMENTS OF PORCINE ANIMALS KEPT IN RESTRICTED ZONES I, II AND III AND PRODUCTS OBTAINED THEREOF IN THE MEMBER STATES CONCERNED
SECTION 1
Application of specific prohibitions on movements of consignments of kept porcine animals and products thereof in the member states concerned
Article 9
Specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to:
(a) |
movements of consignments of porcine animals kept in a restricted zone I to establishments located in the same or other restricted zones I, to restricted zones II and III or outside those restricted zones provided that the establishment of destination is located in the territory of the same Member State concerned; |
(b) |
movements of consignments of porcine animals kept in confined establishments located in restricted zones I, II and III provided that:
|
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones in the cases covered by Articles 22 to 31 subject to compliance with the specific conditions laid down in those Articles.
Article 10
Specific prohibitions on movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to movements of consignments of germinal products of porcine animals kept in confined establishments located in restricted zones II and III provided that:
(a) |
the competent authority of the Member State concerned assessed the risks arising from such movements and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the germinal products are only moved to another confined establishment located in the same Member State concerned. |
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 32, 33 and 34 subject to compliance with the specific conditions laid down in those Articles.
Article 11
Specific prohibitions on movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to movements of consignments of animal by-products obtained from porcine animals kept outside restricted zones II and III and slaughtered in slaughterhouses located in restricted zones II and III, provided that there is a clear separation of those animal by-products in establishments and during transport from animal by-products obtained from porcine animals kept in restricted zones II and III.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 35 to 40 subject to compliance with the specific conditions laid down in those Articles.
Article 12
Specific prohibitions on movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 of this Article shall not apply to movements of consignments of meat products, including casings, obtained from porcine animals kept in restricted zones II and III, which have undergone the relevant risk-mitigating treatment in accordance with Annex VII to Delegated Regulation (EU) 2020/687, as regards African swine fever, in establishments designated in accordance with Article 44(1) of this Regulation.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 41, 42 and 43 subject to compliance with the specific conditions laid down in those Articles.
Article 13
General prohibitions on movements of consignments of kept porcine animals and products thereof considered a risk for the spread of African swine fever
The competent authority of the Member State concerned may prohibit, within the territory of the same Member State, the movements of consignments of kept porcine animals and products obtained from kept porcine animals if the competent authority considers that there is a risk for the spread of African swine fever to, from or through those kept porcine animals or products thereof.
SECTION 2
General and specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones i, ii and iii outside those restricted zones
Article 14
General conditions for derogations from specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
1. By way of derogation from the specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones laid down in Article 9(1), the competent authority of the Member State concerned may authorise such movements in the cases covered by Articles 22 to 25 and Articles 28, 29 and 30 subject to compliance with the specific conditions laid down in those Articles, and the following conditions:
(a) |
the general conditions laid down Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; and |
(b) |
the additional general conditions concerning:
|
2. Prior to granting authorisations provided for in Articles 22 to 25 and Articles 28 to 31, the competent authority of the Member State concerned shall assess the risks arising from such authorisations and that assessment must indicate that the risk of the spread of African swine fever is negligible.
3. The competent authority of the Member State concerned may decide that the additional general conditions laid down in Articles 15 and 16 shall not apply to movements of consignments of porcine animals kept in slaughterhouses located in the restricted zones I, II and III provided that:
(a) |
the kept porcine animals need to be moved to another slaughterhouse due to exceptional circumstances, such as a major breakdown in the slaughterhouse; |
(b) |
the slaughterhouse of destination is located either:
|
(c) |
the movement is authorised by the competent authority of the Member State concerned. |
Article 15
Additional general conditions on movements of consignments of porcine animals kept and germinal products collected in restricted zones I, II and III within and outside those restricted zones
1. The competent authority of the Member State concerned shall authorise movements of consignments of porcine animals kept in restricted zones I, II and III or germinal products of those animals collected in restricted zones II and III within and outside those restricted zones in the cases covered by Articles 22 to 25 and Articles 28 to 34 subject to compliance with the specific conditions laid down in those Articles and the following additional general conditions:
(a) |
the porcine animals have been kept in and have not been moved from the establishment of dispatch for a period of at least 30 days prior to the date of movement, or since birth, if they are younger than 30 days of age, and during that period no other kept porcine animals have been introduced from establishments located in restricted zones II that do not comply with the additional general conditions laid down in this Article and in Article 16 and from establishments located in restricted zones III into either:
|
(b) |
a clinical examination has been carried out on the porcine animals kept in the establishment of dispatch, including those animals to be moved or used for the collection of germinal products, with favourable results concerning African swine fever:
|
(c) |
if necessary, following the instructions of the competent authority, pathogen identification tests have been carried out prior to the date of the movement of those consignments from the establishment of dispatch or prior to the date of the collection of germinal products:
|
2. The competent authority of the Member State concerned shall obtain, where relevant, negative results of pathogen identification tests referred to in paragraph 1, point (c), before authorising the movement of the consignments of porcine animals or prior to the date of the collection of germinal products.
3. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of kept porcine animals from establishments of dispatch located in restricted zones I and II within and outside those restricted zones to establishments located within the same Member State concerned, the clinical examination referred to in paragraph 1, point (b):
(a) |
shall be carried out only for porcine animals to be moved; or |
(b) |
shall not be required to be carried out, provided that:
|
4. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of kept porcine animals from an establishment of dispatch located in a restricted zone III to establishments located within that restricted zone III or within restricted zones I or II in the same Member State concerned, the clinical examination referred to in paragraph 1, point (b):
(a) |
shall be carried out only for the porcine animals to be moved; or |
(b) |
shall not be required to be carried out, provided that:
|
5. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of germinal products collected in restricted zones II and III to establishments located within the same Member State concerned or in other Member States, the clinical examination referred to in paragraph 1, point (b), shall not be required to be carried out, provided that:
(a) |
the establishment of dispatch has been visited by an official veterinarian with a frequency rate referred to in Article 16(1), point (a)(ii), and with a favourable outcome for all the visits by an official veterinarian during a period of at least twelve months prior to the date of the collection of germinal products, indicating that:
|
Article 16
Additional general conditions for establishments of kept porcine animals located in restricted zones I, II and III
1. The competent authority of the Member State concerned shall only authorise movements of consignments of porcine animals kept in establishments located in restricted zones I, II or III or consignments of germinal products collected in restricted zones II or III within and outside those restricted zones, in the cases covered by Articles 22 to 25 and Articles 28 to 34 subject to compliance with the specific conditions laid down in those Articles and the following additional general conditions:
(a) |
the establishment of dispatch has been visited by an official veterinarian at least once after the listing of the restricted zones I, II and III in Annex I to this Regulation or during the period of three months prior to the date of movement of the consignment, and is subject to regular visits by official veterinarians as provided for in Article 26(2) of Delegated Regulation (EU) 2020/687 as follows:
|
(b) |
the establishment of dispatch implements biosecurity requirements for African swine fever:
|
(c) |
continuous surveillance by means of testing with pathogen identification tests for African swine fever is carried out in the establishment of dispatch:
|
2. The competent authority may decide to carry out visits to the establishment of dispatch in a restricted zone III referred to in paragraph 1, point (a)(ii), with a frequency rate referred to in paragraph 1, point (a)(i), based on a favourable outcome of the last visit after the listing of the restricted zones I, II and III in Annex I or during the period of three months prior to the date of movement of the consignment indicating that:
(a) |
the biosecurity requirements referred to in paragraph 1, point (b), are implemented, and |
(b) |
the continuous surveillance referred to in paragraph 1, point (c), is in place in that establishment. |
3. The competent authority of the Member State concerned may decide that the stock-proof fencing provided for in point (2)(h) of Annex III and referred to in paragraph 1, point(b)(i), of this Article shall not be required either:
(a) |
for establishments of kept porcine animals for a period of six months from the date of confirmation of the first outbreak of African swine fever in a previously disease-free Member State or zone provided that:
|
(b) |
if the appropriate and continuous surveillance has demonstrated no evidence of the permanent presence of wild porcine animals in that Member State; or |
(c) |
for establishments of kept porcine animals for a period of six months following the date of publication of this Regulation, if consignments of porcine animals kept in restricted zones I, II and III and products thereof are only moved within those restricted zones in accordance with Articles 22, 23, 24, 28 or 30 of this Regulation. |
Article 17
Additional general conditions concerning the means of transport used for the transportation of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
The competent authority of the Member State concerned shall only authorise movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones if the means of transport used for the transportation of those consignments:
(a) |
comply with requirements laid down in Article 24(1) of Delegated Regulation (EU) 2020/687; and |
(b) |
are cleaned and disinfected in accordance with Article 24(2) of Delegated Regulation (EU) 2020/687 under the control or supervision of the competent authority of the Member State concerned. |
SECTION 3
Operators’ obligations with regard to animal health certificates
Article 18
Operators’ obligations with regard to animal health certificates for movements of consignments of porcine animals kept in restricted zones I, II and III outside those restricted zones
Operators shall only move consignments of porcine animals kept in restricted zones I, II and III outside those restricted zones within the Member State concerned or to another Member State in the cases covered by Articles 22 to 25 and Articles 28 to 31 of this Regulation if those consignments are accompanied by an animal health certificate as provided for in Article 143(2) of Regulation (EU) 2016/429 that contains at least one of the following attestations of compliance with the requirements laid down in this Regulation:
(a) |
‘Porcine animals kept in a restricted zone I in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; |
(b) |
‘Porcine animals kept in a restricted zone II in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; |
(c) |
‘Porcine animals kept in a restricted zone III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’. |
However, in the case of movements of such consignments within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 143(2), second subparagraph, of Regulation (EU) 2016/429.
Article 19
Operators’ obligations with regard to animal health certificates for movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals from restricted zones I, II and III
1. Operators shall only move, from restricted zones I and II within the same Member State concerned or to another Member State, consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones I or II in the cases covered by Articles 41 and 42 of this Regulation, if those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains:
(a) |
the information required in accordance with Article 3 of Commission Delegated Regulation (EU) 2020/2154 (16); and |
(b) |
one of the following attestations of compliance with the requirements laid down in this Regulation:
|
2. Operators shall only move, from restricted zones I, II and III within the same Member State concerned or to another Member State, consignments of meat products, including casings, that have undergone the relevant risk-mitigating treatment, obtained from porcine animals kept in restricted zones I, II or III subject to compliance with the following conditions:
(a) |
the meat products, including casings, have undergone the relevant risk-mitigating treatment set out in Annex VII to Delegated Regulation (EU) 2020/687; |
(b) |
those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains:
|
3. Operators shall only move, from restricted zones I, II and III within the same Member State concerned or to another Member State, consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and slaughtered either in slaughterhouses located in restricted zones I, II or III or in slaughterhouses located outside those restricted zones, if those consignments are accompanied by:
(a) |
an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains the information required in accordance with Article 3 of Delegated Regulation (EU) 2020/2154; and |
(b) |
one of the following attestations of compliance with the requirements laid down in this Regulation:
|
4. In the cases of movements of consignments referred to in paragraphs 1, 2 and 3 of this Article within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 167(1), first subparagraph, of Regulation (EU) 2016/429.
5. The competent authority of the Member State concerned may decide that, in the cases not covered by Article 167(1), first subparagraph, of Regulation (EU) 2016/429, a health mark or, where relevant, an identification mark provided for in Article 5(1), point (b), of Regulation (EC) No 853/2004 applied on the fresh meat or meat products, including casings, may substitute the animal health certificate for movements of consignments to other Member States provided that:
(a) |
a health mark or, where relevant, an identification mark is applied on the fresh meat or meat products, including casings, in either:
|
(b) |
the animal health certificate is only substituted for the following consignments:
|
(c) |
the competent authority of the Member State concerned ensures that an alternative system is in place ensuring that consignments referred to in point (b) are traceable and that those consignments fulfil the special disease control measures related to African swine fever laid down in this Regulation. |
6. The competent authority of the Member State concerned shall:
(a) |
provide the Commission and other Member States with a link to the website of the competent authority with a list of establishments located in restricted zones I, II and III:
|
(b) |
keep the list provided for in point (a) updated. |
Article 20
Operators’ obligations with regard to animal health certificates for movements of consignments of germinal products obtained from porcine animals kept in establishments located in restricted zones II or III outside those restricted zones
Operators shall only move consignments of germinal products obtained from porcine animals kept in restricted zones II or III outside those restricted zones within the same Member State concerned or to another Member State in the cases covered by Articles 32, 33 and 34 of this Regulation, if those consignments are accompanied by an animal health certificate as provided for in Article 161(1) of Regulation (EU) 2016/429 that contains at least one of the following attestations of compliance with the requirements laid down for in this Regulation:
(a) |
‘Germinal products obtained from porcine animals kept in restricted zones II in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; |
(b) |
‘Germinal products obtained from porcine animals kept in restricted zone III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’. |
However, in the case of movements of consignments within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 161(2), second subparagraph, of Regulation (EU) 2016/429.
Article 21
Operators’ obligations with regard to animal health certificates for movements of consignments of Category 2 and 3 materials obtained from porcine animals kept in restricted zones II or III outside those restricted zones
Operators shall only move consignments of Category 2 and 3 materials obtained from porcine animals kept in restricted zones II or III outside those restricted zones within the same Member State concerned or to another Member State in the cases covered by Articles 35 to 40, if those consignments are accompanied by:
(a) |
the commercial document referred to in Chapter III of Annex VIII to Regulation (EU) No 142/2011; and |
(b) |
an animal health certificate referred to in Article 22(5) of Delegated Regulation (EU) 2020/687 and set out in Annex VIII to Regulation (EU) No 142/2011. |
However, in the case of movements within the same Member State concerned, the competent authority may decide that an animal health certificate shall not be issued as referred to in Article 22(6) of Delegated Regulation (EU) 2020/687.
SECTION 4
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone
Article 22
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone to:
(a) |
an establishment located in the territory of the same Member State concerned:
|
(b) |
an establishment located in the territory of another Member State; |
(c) |
third countries. |
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Articles 16 and 17. |
SECTION 5
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone
Article 23
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone in the territory of the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to an establishment located in the territory of the same Member State concerned:
(a) |
in the same or another restricted zone II; |
(b) |
in restricted zones I or III; |
(c) |
outside the restricted zones I, II and III. |
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; |
(b) |
the additional general conditions laid down in Article 14(2) and Articles 15, 16 and 17. |
3. The competent authority of the Member State concerned shall ensure that porcine animals subject to an authorised movement referred to in paragraph 1 of this Article remain in the establishment of destination for at least the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687.
Article 24
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to a slaughterhouse located in the territory of the same Member State concerned, provided that:
(a) |
the kept porcine animals are moved for the purpose of immediate slaughter; |
(b) |
the slaughterhouse of destination is designated in accordance with Article 44(1). |
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Articles 16 and 17. |
3. By way of derogation from the prohibition provided for in Article 9(1), when the movements referred to in paragraph 1 of this Article do not comply with the conditions provided for in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within or outside that restricted zone, provided that:
(a) |
prior to granting the authorisation, the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the kept porcine animals are moved for the purpose of immediate slaughter and in accordance with Article 28(2), Article 29(2), point (a), and Article 29(2), point (b)(i) to (v), of Delegated Regulation (EU) 2020/687; |
(c) |
the slaughterhouse of destination is designated in accordance with Article 44(1) and is located:
|
(d) |
the animal by-products obtained from porcine animals kept in a restricted zone II are processed or disposed in accordance with Articles 35 and 39; |
(e) |
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II are only moved from a slaughterhouse within the same Member State in accordance with Article 41(2), point (b). |
Article 25
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to an establishment located in restricted zones II or III in another Member State.
2. The competent authority of the Member State concerned shall only grant the authorisations provided for in paragraph 1 where:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2) and Articles 15, 16 and 17 are met; |
(c) |
a channelling procedure has been set up in accordance with Article 26; |
(d) |
the kept porcine animals comply with any other additional appropriate guarantees related to African swine fever based on a positive outcome of a risk assessment of the measures against the spread of that disease:
|
(e) |
no outbreak of African swine fever has been officially confirmed in kept porcine animals in accordance with Article 11 of Delegated Regulation (EU) 2020/687 in the establishment of dispatch during the period of at least twelve months prior to the date of the movement of the consignment of kept porcine animals; |
(f) |
the operator has notified the competent authority in advance of the intention to move the consignment of kept porcine animals in accordance with Article 152, point (b), of Regulation (EU) 2016/429 and Article 96 of Commission Delegated Regulation (EU) 2020/688 (17). |
3. The competent authority of the Member State concerned shall:
(a) |
draw up a list of establishments that comply with the guarantees referred to in paragraph 2, point (d); |
(b) |
inform, in the framework of the Standing Committee on Plants, Animals, Food and Feed, the Commission and the other Member States of the guarantees provided for in accordance with paragraph 2, point (d), and of the approval by the competent authorities provided for in accordance with the paragraph 2, point (d)(ii). |
4. The approval provided for in paragraph 2, point (d)(ii), of this Article and the obligation of information provided for in paragraph 3, point (b), of this Article shall not be required when the establishment of dispatch, places of passage and the establishment of destination are all located in restricted zones I, II or III and those restricted zones are continuous, thereby ensuring that the consignment of kept porcine animals is only moved through those restricted zones I, II or III in accordance with specific conditions provided for in Article 22(4) of Delegated Regulation (EU) 2020/687.
Article 26
Specific channelling procedure for granting derogations for movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State
1. The competent authority of the Member State concerned shall set up a channelling procedure as provided for in Article 25(2), point (c), for movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to an establishment located in restricted zones II or III in another Member State under the control of the competent authorities of:
(a) |
the establishment of dispatch; |
(b) |
the Member States of passage; |
(c) |
the establishment of destination. |
2. The competent authority of the establishment of dispatch shall:
(a) |
ensure that each means of transport used for the movements of the consignments of kept porcine animals referred to in paragraph 1 are:
|
(b) |
inform in advance the competent authority of the place of the establishment of destination and, where relevant, the competent authority of the Member State of passage, of the intention to send the consignment of kept porcine animals; |
(c) |
set up a system whereby operators are required to immediately notify the competent authority of the place of the establishment of dispatch of any accident or breakdown of any means of transport used for the transportation of the consignment of kept porcine animals; |
(d) |
ensure the establishment of an emergency plan, the chain of command and the necessary arrangements for cooperation between the competent authorities referred to in paragraph 1, points (a), (b) and (c), in the event of possible accidents during the transport, any major breakdown or any fraudulent action by operators. |
Article 27
Obligations on the competent authority of the Member State concerned of the place of the establishment of destination for consignments of porcine animals kept in a restricted zone II of another Member State
The competent authority of the Member State concerned of the place of the establishment of destination for consignments of porcine animals kept in a restricted zone II of another Member State shall:
(a) |
notify without undue delay the competent authority of the establishment of dispatch of the arrival of the consignment; |
(b) |
ensure that kept porcine animals either:
|
SECTION 6
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within and outside that restricted zone
Article 28
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that zone and outside that restricted zone to a restricted zone I or II in the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), in exceptional circumstances, where as a result of that prohibition animal welfare problems arise in an establishment where porcine animals are kept, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone to an establishment located in a restricted zone II, or, in the absence of such a restricted zone II in that Member State, in a restricted zone I, in the territory of the same Member State provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), (2) and (4), and Articles 16 and 17 are met; |
(c) |
the establishment of destination belongs to the same supply chain and the kept porcine animals are to be moved to complete the production cycle. |
2. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III to an establishment located within that restricted zone in the territory of the same Member State concerned, subject to compliance with:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), (2) and (4), and Articles 16 and 17. |
3. The competent authority of the Member State concerned shall ensure that kept porcine animals are not moved from the establishment of destination located in the restricted zone I, II or III during at least the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687.
Article 29
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone for the purpose of immediate slaughter in the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), in exceptional circumstances, where as a result of that prohibition animal welfare problems arise in an establishment where porcine animals are kept, and in the case of logistic limitations in the slaughter capacity of the slaughterhouses located in the restricted zone III and designated in accordance with Article 44(1) or in the absence of a designated slaughterhouse in the restricted zone III, the competent authority of the Member State concerned may authorise for the purpose of immediate slaughter movements of porcine animals kept in a restricted zone III outside that restricted zone to a slaughterhouse designated in accordance with Article 44(1) in the same Member State as near as possible to the establishment of dispatch located:
(a) |
in a restricted zone II; |
(b) |
in a restricted zone I, where it is not possible to slaughter the animals in the restricted zone II; |
(c) |
outside of restricted zones I, II and III, where it is not possible to slaughter the animals in those restricted zones. |
2. The competent authority of the Member State concerned shall only grant an authorisation provided for in paragraph 1 where:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2), and Articles 16 and 17 are met; |
3. The competent authority of the Member State concerned shall ensure that:
(a) |
the kept porcine animals are destined for the purpose of immediate slaughter directly to a slaughterhouse designated in accordance with Article 44(1); |
(b) |
on arrival at the designated slaughterhouse, the porcine animals from the restricted zone III are kept separately from other porcine animals and are slaughtered either:
|
(c) |
after the slaughtering of the porcine animals from the restricted zone III, and before the slaughtering of other kept porcine animals starts, the slaughterhouse is cleaned and disinfected in accordance with the instructions of the competent authority of the Member State concerned. |
4. The competent authority of the Member State concerned shall ensure that:
(a) |
animal by-products obtained from porcine animals kept in the restricted zone III and moved outside that restricted zone are processed or disposed in accordance with Articles 35 and 40; |
(b) |
fresh meat and meat products, including casings, obtained from porcine animals kept in the restricted zone III and moved outside the restricted zone III are processed and stored in accordance with Article 43, point (d). |
5. By way of derogation from the prohibition provided for in Article 9(1), when the movements referred to in paragraph 1 of this Article do not comply with the conditions laid down in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone, provided that:
(a) |
prior to granting the authorisation, the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the kept porcine animals are moved for the purpose of immediate slaughter under conditions provided for in Article 29(3), points (b) and (c), and in accordance with Article 28(2) and Article 29(2) of Delegated Regulation (EU) 2020/687; |
(c) |
the slaughterhouse of destination is designated in accordance with Article 44(1) and is located:
|
(d) |
the animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40; |
(e) |
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III are only moved from a slaughterhouse within the same Member State in accordance with Article 41(2), point (b)(i). |
Article 30
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III to a slaughterhouse located within that restricted zone in the territory of the same Member State concerned, provided that:
(a) |
the kept porcine animals are moved for the purpose of immediate slaughter; |
(b) |
the slaughterhouse of destination is:
|
(c) |
the animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40; |
(d) |
fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III are only moved from a slaughterhouse within the same Member State in accordance with Article 43, point (d). |
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; |
(b) |
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (4), and Articles 16 and 17. |
3. By way of derogation from the prohibition provided for in Article 9(1), when the movements of consignments of kept porcine animals referred to in paragraph 1 of this Article do not comply with the conditions provided for in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zone III to a slaughterhouse within that restricted zone, provided that:
(a) |
prior to granting the authorisation the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the kept porcine animals are moved for the purpose of immediate slaughter; |
(c) |
the slaughterhouse of destination is:
|
(d) |
animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40; |
(e) |
fresh meat obtained from the porcine animals kept in a restricted zone III is marked and moved in accordance with the specific conditions for authorising movements of consignments of fresh meat obtained from kept animals of listed species from certain establishments laid down in Article 33(2) of Delegated Regulation (EU) 2020/687 to a processing establishment to undergo one of the relevant risk-mitigating treatments set out in Annex VII thereto. |
SECTION 7
Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones i, ii and iii outside those restricted zones to an animal by-products approved plant
Article 31
Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones I, II or III to an animal by-products approved plant located within or outside restricted zones I, II and III situated within the same Member State concerned
1. By way of derogation from the prohibitions provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zones I, II or III to an animal by-products approved plant located within or outside restricted zones I, II and III situated within the same Member State concerned in which:
(a) |
the kept porcine animals are immediately killed; and |
(b) |
the resulting animal by-products are disposed of in accordance with Regulation (EC) No 1069/2009. |
2. The competent authority of the Member State concerned shall only grant an authorisation provided for in paragraph 1 where:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2) and Article 17 are met. |
SECTION 8
Specific conditions for authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II outside that restricted zone
Article 32
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone in the territory of the same Member State concerned
By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of germinal products from a registered or approved germinal product establishment located in a restricted zone II to another restricted zone II or restricted zones I or III or to areas outside restricted zones I, II and III in the territory of the same Member State provided that:
(a) |
the germinal products were collected or produced, processed and stored in establishments and were obtained from kept porcine animals that comply with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (5), and Article 16; |
(b) |
the donor males and donor females of the porcine animals were kept at germinal product establishments where no other kept porcine animals were introduced from establishments located in restricted zones II that do not comply with the additional general conditions laid down in Articles 15 and 16 and from establishments located in restricted zones III during a period of at least 30 days prior to the date of the collection or production of the germinal products. |
Article 33
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone III from that restricted zone in the territory of the same Member State concerned
By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of germinal products from an approved germinal product establishment located in a restricted zone III to another restricted zone III or restricted zones I or II or to areas outside restricted zones I, II and III in the territory of the same Member State provided that:
(a) |
the germinal products were collected or produced, processed and stored in establishments and were obtained from kept porcine animals that comply with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (5), and Article 16; |
(b) |
the donor males and donor females of the porcine animals were kept at approved germinal product establishments:
|
(c) |
all kept porcine animals in the approved germinal product establishment have been subjected with favourable results to a laboratory examination for African swine fever at least annually. |
Article 34
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone to restricted zones II or III in another Member State
1. By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of the germinal products obtained from porcine animals kept in a restricted zone II from an approved germinal product establishment located in a restricted zone II to restricted zones II or III in the territory of another Member State concerned provided that:
(a) |
the germinal products were collected or produced, processed and stored at germinal product establishments in accordance with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2), and Article 16; |
(b) |
the donor males and donor females of the porcine animals were kept in approved germinal product establishments:
|
(c) |
the consignments of germinal products comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of African swine fever:
|
(d) |
all kept porcine animals in the approved germinal product establishment of dispatch are subjected with favourable results to a laboratory examination for African swine fever at least annually. |
2. The competent authority of the Member State concerned shall:
(a) |
draw up a list of approved germinal product establishments that comply with the conditions laid down in paragraph 1 of this Article and which are authorised for movements of consignments of germinal products from a restricted zone II in that Member State concerned to restricted zones II and III in another Member State concerned; that list shall contain the information required to be kept by the competent authority of the Member State concerned on approved germinal product establishments for porcine animals as laid down in Article 7 of Delegated Regulation (EU) 2020/686; |
(b) |
make the list provided for in point (a) available to the public on its website and keep it up-to-date; |
(c) |
provide the Commission and the other Member States with the link to the website referred to in point (b). |
SECTION 9
Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones
Article 35
Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State for the purpose of processing or disposal
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones to a plant or establishment approved by the competent authority for the purposes of processing, disposal as waste by incineration or disposal or recovery by co-incineration of animal by-products referred to in Article 24(1), points (a), (b) and (c) of Regulation (EC) No 1069/2009, located outside restricted zones II or III situated within the same Member State provided that the means of transport are individually equipped with a satellite navigation system to determine, transmit and record its real time location.
2. The transport operator responsible for the movements of consignments of animal by-products referred to in paragraph 1 shall:
(a) |
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport; |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment. |
3. The competent authority may decide that the satellite navigation system referred to in paragraph 1 shall be replaced by an individual sealing of the means of transport provided that:
(a) |
the consignments of animal by-products obtained from porcine animals kept in restricted zones II and III are only moved within the same Member State for the purposes referred to in paragraph 1; |
(b) |
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of animal by-products; only an official veterinarian or enforcement authority of the Member State, as agreed with the competent authority of the Member State concerned, may break the seal and replace it with a new one, where relevant. |
4. By way of derogation from Article 11(1), the competent authority of the Member State concerned may decide to authorize movements of consignments of animal by-products referred to in paragraph 1 of this Article through a temporary collection plant approved in accordance with Art 24(1), point (i), of Regulation (EC) No 1069/2009 provided that:
(a) |
the competent authority of the Member State concerned assessed the risks arising from such movements and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the animal by-products are only moved to an approved temporary collection plant located as near as possible to the establishment of dispatch in the same Member State concerned. |
Article 36
Specific conditions for derogations authorising movements of consignments of manure obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of manure, including litter and used bedding, obtained from porcine animals kept in restricted zones II and III to a landfill located outside those restricted zones within the same Member State in accordance with the specific conditions laid down in Article 51 of Delegated Regulation (EU) 2020/687.
2. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of manure, including litter and used bedding, obtained from porcine animals kept in a restricted zone II for processing or disposal in accordance with Regulation (EC) No 1069/2009 in a plant approved for those purposes within the territory of the same Member State.
3. The transport operator responsible for the movements of consignments of manure, including litter and used bedding, referred to in paragraphs 1 and 2 shall:
(a) |
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport; |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment. |
4. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 3, point (a), shall be replaced by an individual sealing of the means of transport provided that each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of manure, including litter and used bedding, referred to in paragraphs 1 and 2.
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with that competent authority, may break that seal and replace it with a new one, where relevant.
Article 37
Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones II outside those restricted zones within the same Member State for the purposes of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone to a plant or establishment approved by the competent authority for the purposes of further processing into processed feed, for the manufacturing of processed pet food and derived products intended for uses outside the feed chain, or transformation of animal by-products into biogas or compost as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009 located outside the restricted zone II situated within the same Member States provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Articles 14(2) are met; |
(c) |
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16; |
(d) |
the Category 3 materials are obtained from porcine animals kept in a restricted zone II and slaughtered either:
|
(e) |
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location; |
(f) |
the consignments of Category 3 materials are moved from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) directly to:
|
2. The transport operator responsible for the movements of consignments of Category 3 materials referred to in paragraph 1 shall:
(a) |
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport; |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment. |
3. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 1, point (e), shall be replaced by an individual sealing of the means of transport, provided that:
(a) |
the Category 3 materials:
|
(b) |
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of Category 3 materials referred to in paragraph 1. |
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with the competent authority of that Member State, may break that seal and replace it with a new one, where relevant.
Article 38
Specific conditions for derogations authorising movements of consignments of Category 2 materials obtained from porcine animals kept in restricted zones II and III outside those restricted zones for the purposes of processing and disposal in another Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products of Category 2 materials, other than manure, including litter and used bedding, referred to in Article 36 of this Regulation, obtained from porcine animals kept in restricted zones II and III to a processing plant to be processed by methods 1 to 5, as set out in Chapter III of Annex IV to Regulation (EU) No 142/2011, or to an incineration or co-incineration plant, as referred to in Article 24(1), points (a),(b) and (c), of Regulation (EC) No 1069/2009, located in another Member State, provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Articles 14(2) are met; |
(c) |
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location; |
2. The transport operator responsible for movements of consignments of Category 2 materials referred to in paragraph 1 of this Article, other than manure, including litter and used bedding, referred to in Article 36, shall:
(a) |
enable the competent authority of the Member State concerned to control, by means of a satellite navigation system, the real time movement of the means of transport; and |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment. |
3. The competent authorities of the Member States of dispatch and of destination of the consignment of Category 2 materials referred to in paragraph 1 of this Article, other than manure, including litter and used bedding, referred to in Article 36 of this Regulation, shall ensure the controls of that consignment in accordance with Article 48of Regulation (EC) No 1069/2009.
Article 39
Specific conditions for derogations authorising movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone for further processing or transformation in another Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone to a plant or establishment approved by the competent authority for the processing of Category 3 materials into processed feed, processed pet food, derived products intended for uses outside the feed chain, or the transformation of Category 3 materials into biogas or compost as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009, located in another Member State, provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2) are met; |
(c) |
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16; |
(d) |
the Category 3 materials referred to in paragraph 1 are obtained from porcine animals kept in a restricted zone II and slaughtered either:
|
(e) |
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location; |
(f) |
the animal by-products are moved directly from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) to:
|
2. The transport operator responsible for movements of consignments of Category 3 materials shall:
(a) |
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport; and |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment. |
Article 40
Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones III outside that restricted zone within the same Member State for the purpose of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone III outside that restricted zone to a plant or establishment approved by the competent authority for the manufacturing of processed pet food, derived products intended for uses outside the feed chain, or the transformation of Category 3 materials into biogas or compost, as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009, located outside the restricted zone III situated within the same Member States provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Articles 14(2) are met; |
(c) |
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16; |
(d) |
the Category 3 materials are obtained from porcine animals kept in a restricted zone III and slaughtered in accordance with Article 29 or 30; |
(e) |
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location; |
(f) |
the consignments of Category 3 materials are moved directly from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) to:
|
2. The transport operator responsible for the movements of consignments of Category 3 materials referred to in paragraph 1 shall:
(a) |
enable the competent authority to control by means of a satellite navigation system the real time movement of the means of transport; |
(b) |
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment. |
3. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 1, point (e), shall be replaced by an individual sealing of the means of transport provided that:
(a) |
the Category 3 materials are only moved within the same Member State for the purposes referred to in paragraph 1; |
(b) |
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of Category 3 materials referred to in paragraph 1. |
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with the competent authority of that Member State, may break that seal and replace it with a new one, where relevant.
SECTION 10
Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones
Article 41
Specific conditions for authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned
1. By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned, provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the fresh meat and meat products, including casings, are obtained from porcine animals kept in establishments that comply with the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16; |
(c) |
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1). |
2. By way of derogation from the prohibitions provided for in Article 12(1), where the conditions laid down in paragraph 1 of this Article are not met, the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned, provided that:
(a) |
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1); |
(b) |
the fresh meat and meat products, including casings, either
|
Article 42
Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone to other Member States and to third countries
By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone to other Member States and to third countries, provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2) are met; |
(c) |
the fresh meat and meat products, including casings, have been obtained from porcine animals kept in establishments that comply with the general conditions laid down in:
|
(d) |
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1). |
Article 43
Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III to other restricted zones I, II and III or areas outside restricted zones I, II and III in the territory of the same Member State
By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III to other restricted zones I, II and III or areas outside restricted zones I, II and III in the territory of the same Member State, provided that:
(a) |
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met; |
(b) |
the additional general conditions laid down in Article 14(2) are met; |
(c) |
the fresh meat and meat products, including casings, have been obtained from porcine animals:
|
(d) |
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1); and either
|
CHAPTER IV
SPECIAL RISK-MITIGATING MEASURES CONCERNING AFRICAN SWINE FEVER FOR FOOD BUSINESSES IN THE MEMBER STATES CONCERNED
Article 44
Special designation of slaughterhouses and cutting plants, cold stores, meat processing and game handling establishments
1. The competent authority of the Member State concerned shall, following an application by a food business operator, designate establishments for:
(a) |
the immediate slaughter of kept porcine animals from restricted zones II and III:
|
(b) |
the cutting, processing and storage of the fresh meat and meat products, including casings, from porcine animals kept in restricted zones II or III as referred to in Articles 41, 42 and 43; |
(c) |
the preparation of game meat as referred to in point 1(1.18) of Annex I to Regulation (EC) No 853/2004 and the processing and storage of the fresh meat and meat products from wild porcine animals obtained in restricted zones I, II or III as provided for in Articles 51 and 52 of this Regulation; |
(d) |
the preparation of game meat as referred to in point 1(1.18) of Annex I to Regulation (EC) No 853/2004 and the processing and storage of the fresh meat and meat products from wild porcine animals, where those establishments are located in restricted zones I, II or III as provided for in Articles 51 and 52 of this Regulation. |
2. The competent authority may decide that the designation referred to in paragraph 1 shall not be required for establishments processing, cutting and storing fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II or III and from wild porcine animals obtained in the restricted zones I, II or III, and establishment referred to in paragraph 1, point (d), provided that:
(a) |
the fresh meat and meat products, including casings, of porcine origin are marked with a special health mark or, where relevant, an identification mark referred to in Article 47 in those establishments; |
(b) |
the fresh meat and meat products, including casings, of porcine origin from those establishments are only intended for the same Member State concerned; |
(c) |
the animal by-products of porcine origin from those establishments are only processed or disposed of in accordance with Article 35 within the same Member State. |
3. The competent authority of the Member State concerned shall:
(a) |
provide the Commission and other Member States with a link to the website of the competent authority with a list of designated establishments and their activities referred to in paragraph 1; |
(b) |
keep the list provided for in point (a) updated. |
Article 45
Special conditions for the designation of establishments for the immediate slaughter of porcine animals kept in restricted zones II or III
The competent authority of the Member State concerned shall only designate establishments for the immediate slaughter of porcine animals kept in restricted zones II or III, subject to compliance with the following conditions:
(a) |
the slaughtering of porcine animals kept outside restricted zones II and III and of porcine animals kept in the restricted zones II or III that are subject to authorised movements provided for in Articles 24, 29 and 30 and the production and storage of products thereof are carried out separately from the slaughtering of porcine animals kept in restricted zones I, II or III and from the production and storage of products thereof that do not comply with the relevant:
|
(b) |
the operator of the establishment has in place documented instructions or procedures approved by the competent authority of the Member State concerned to ensure that the conditions laid down in point (a) are met. |
Article 46
Special conditions for the designation of establishments for the cutting, processing and storing of the fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III
The competent authority of the Member State concerned shall only designate establishments for the cutting, processing and storing of the fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III, subject to compliance with the following conditions:
(a) |
the cutting, processing and storing of the fresh meat and meat products, including casings, obtained from porcine animals kept outside restricted zones II and III and from porcine animals kept in restricted zones II and III are carried out separately from fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III that do not comply with the relevant:
|
(b) |
the operator of the establishment has in place documented instructions or procedures approved by the competent authority of the Member State concerned to ensure that the conditions laid down in point (a) are met. |
Article 47
Special health or identification marks
1. The competent authority of the Member State concerned shall ensure that the following products of animal origin are marked in accordance with paragraph 2:
(a) |
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III, as provided for in Article 43, point (d)(ii); |
(b) |
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II, where the specific conditions for authorising movements of consignments of those commodities outside the restricted zone II provided for in Article 41(1) are not met, as provided for in Articles 24(3), point (e), and 41(2), point (b)(ii); |
(c) |
the fresh meat and meat products from wild porcine animals moved within a restricted zone I or outside that restricted zone from the establishment designated in accordance with Article 44(1), as provided for in Article 52(1), point (c)(iii), first indent. |
2. The competent authority of the Member State concerned and, where relevant, food business operators shall ensure that:
(a) |
a health mark or, where relevant, an identification mark as provided for in Article 5(1) of Regulation (EC) No 853/2004 with two additional diagonal parallel lines is applied to products of animal origin referred to in paragraph 1 of this Article and intended for movement only within the same Member State concerned; |
(b) |
following the marking of the products of animals origin as provided for in paragraph 2, point (a), of this Article the information required for a health mark or, where relevant, an identification mark provided for in Article 5(1) of Regulation (EC) No 853/2004 remains in perfectly legible characters. |
3. By way of derogation from paragraph 2 of this Article, the competent authority of the Member State concerned may authorise the use of another form of special health mark or, where relevant, an identification mark that is not oval and cannot be confused with the health mark or identification mark provided for in Article 5(1) of Regulation (EC) No 853/2004 for a period of twelve months following the date of publication of this Regulation.
CHAPTER V
SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO WILD PORCINE ANIMALS IN THE MEMBER STATES
Article 48
Specific prohibitions on movements of consignments of wild porcine animals by operators
The competent authorities of the Member States shall prohibit movements of consignments wild porcine animals by operators as provided for in Article 101 of Delegated Regulation (EU) 2020/688:
(a) |
within the whole territory of the Member State; |
(b) |
from the whole territory of the Member State to:
|
Article 49
Specific prohibitions on movements within restricted zones I, II and III and from those restricted zones of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption
1. The competent authorities of the Member States concerned shall prohibit movements within and from restricted zones I, II and III of consignments of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption.
2. The competent authorities of the Member States concerned shall prohibit movements within and from restricted zones I, II and III of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption:
(a) |
for private domestic use; |
(b) |
by hunters for the supply of small quantities of wild porcine game or wild game meat of porcine origin directly to the final consumer or to local retail establishments directly supplying the final consumer, as provided for in Article 1(3), point (e), of Regulation (EC) No 853/2004. |
Article 50
General prohibitions on movements of consignments of products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, considered as a risk for the spread of African swine fever
The competent authority of the Member State concerned may prohibit within the territory of the same Member State the movements of consignments of fresh meat, meat products and any other products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, if the competent authority considers that there is a risk for the spread of African swine fever to, from or through those wild porcine animals or products thereof.
Article 51
Specific conditions for derogations authorising movements within restricted zones I, II and III and from those restricted zones of consignments of meat products obtained from wild porcine animals
1. By way of derogation from the prohibition provided for in Article 49(1), the competent authority of the Member State concerned may authorise movements within and from restricted zones I, II or III of consignments of meat products obtained from wild porcine animals from establishments located in restricted zones I, II or III to:
(a) |
other restricted zones I, II or III situated in the same Member State concerned; |
(b) |
areas outside restricted zones I, II and III of the same Member State concerned; and |
(c) |
other Member States and to third countries. |
2. The competent authority of the Member State concerned shall only authorise movements of consignments of meat products obtained from wild porcine animals from establishments located in a restricted zone I, II or III referred to in paragraph 1 subject to compliance with the following conditions:
(a) |
pathogen identification tests for African swine fever have been carried out for each wild porcine animal used for the production and processing of the meat products in the restricted zones I, II and III; |
(b) |
the competent authority obtained negative results of the pathogen identification tests for African swine fever referred to in point (a) before the treatment referred to in point (c)(ii); |
(c) |
the meat products from wild porcine animals:
|
Article 52
Specific conditions for derogations authorising movements within restricted zones I, II and III and from restricted zone I of fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption
1. By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements within a restricted zone I and from that restricted zone of consignments of the fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, to other restricted zones I, II and III or to areas outside restricted zones I, II and III of the same Member State, provided that:
(a) |
pathogen identification tests for African swine fever have been carried out for every wild porcine animal before the movement of consignment of the fresh meat, meat products and any other products of animal origin from that wild porcine animal; |
(b) |
the competent authority of the Member State concerned obtained negative results for the pathogen identification tests for African swine fever referred to in point (a) before the movement of the consignment; |
(c) |
the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are moved within or outside restricted zone I within the same Member State:
|
2. By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements of consignments of the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, within restricted zones II and III of the same Member State, provided that:
(a) |
pathogen identification tests for African swine fever have been carried out for every wild porcine animal before the movement of the consignment of the fresh meat, meat products and any other products of animal origin from that wild porcine or body of that wild porcine animal, which is intended for human consumption; |
(b) |
the competent authority of the Member State concerned obtained negative results for the pathogen identification tests for African swine fever referred to in point (a) before the movement of the consignment; |
(c) |
the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are moved within restricted zones II and III within the same Member State either for:
|
3. The competent authority of the Member State concerned may decide that pathogen identification tests referred to in paragraph 1, point a, and paragraph 2, point a, shall not be required in restricted zone I, II or III provided that:
(a) |
the competent authority of the Member State concerned assessed, on the basis of appropriate and continuous surveillance, the specific epidemiological situation of African swine fever and the related risks in the particular restricted zone or in the part of it that restricted zone and that assessment indicated that the risk of the spread of African swine fever is negligible; |
(b) |
the assessment referred to in point (a) is reviewed on a regular basis:
|
(c) |
the consignment of the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are only moved:
|
Article 53
Operators’ obligations with regard to animal health certificates for consignments of fresh meat, meat products and any other products of animal origin, obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, for movements from restricted zones I, II and III
Operators shall only move consignments of fresh meat, meat products, and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, from restricted zones I, II and III:
(a) |
in the cases covered by Articles 51 and 52; and |
(b) |
if those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Delegated Regulation (EU) 2016/429 that contains:
|
However, in the case of movements of such consignments within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 167(1), first subparagraph, of Regulation (EU) 2016/429.
Article 54
Specific conditions for authorising movements within restricted zones I, II and III and outside those restricted zones of consignments of animal by-products and derived products from wild porcine animals
1. By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements within restricted zones I, II and III and outside those restricted zones of consignments of derived products obtained from wild porcine animals to other restricted zones I, II and III or to areas outside restricted zones I, II and III of the same Member State and to other Member States provided that they have been subjected to a risk-mitigating treatment which ensures that the derived products pose no risks for the spread of African swine fever.
2. By way of derogation from the prohibitions provided for in Article 49(1), the competent authority of the Member State concerned may authorise movements within restricted zones I, II and III and outside those restricted zones of consignments of animal by-products from wild porcine animals to other restricted zones I, II and III and to areas outside restricted zones I, II and III of the same Member State provided that:
(a) |
the animal by-products are collected, transported and disposed of in accordance with Regulation (EC) No 1069/2009; |
(b) |
for the movements outside restricted zones I, II and III, the means of transport are individually equipped with a satellite navigation system to determine, transmit and record its real time location; the transport operator shall enable the competent authority to control the real time movement of the means of transport and keep the electronic records of the movement for a period of at least two months from the time of the movement of the consignment. |
Article 55
Operators’ obligations with regard to animal health certificates for movements of consignments of animal by-products from wild porcine animals outside restricted zones I, II and III in the territory of the same Member State concerned
Operators shall only move consignments of animal by-products from wild porcine animals outside restricted zones I, II and III within the same Member State concerned in the case referred to in Article 54(2), if those consignments are accompanied by:
(a) |
a commercial document referred to in Chapter III of Annex VIII to Regulation (EU) No 142/2011; and |
(b) |
an animal health certificate referred to in Article 22(5) of Delegated Regulation (EU) 2020/687; |
However, the competent authority of the Member State concerned may decide that an animal health certificate shall not be issued as referred to in Article 22(6) of Delegated Regulation (EU) 2020/687.
Article 56
National action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union
1. All Member States shall establish national action plans covering populations of wild porcine animals on their territory in order to avoid the spread of African swine fever in the Union (national action plans) within a period of six months from the date of publication of this Regulation in the Official Journal of the European Union, in order to ensure:
(a) |
a high level of disease awareness and preparedness with regard to the risks associated with the spread of African swine fever through wild porcine animals; |
(b) |
the prevention, containment, control and eradication of African swine fever; |
(c) |
coordinated actions covering wild porcine animals to take account of the risks posed by those animals with regard to the spread of African swine fever. |
2. The national action plans shall be established in accordance with the minimum requirements laid down in Annex IV.
3. A Member State may decide not to draw up a national action plan if appropriate and continuous surveillance has demonstrated no evidence of the permanent presence of wild porcine animals in that Member State.
4. The measures taken by the Member States in the framework of national action plans shall be compatible, where relevant, with Union environmental rules, including nature protection requirements, laid down in Directives 2009/147/EC and 92/43/EEC.
5. The Member States shall present their national action plans and the annual results of their implementation to the Commission and to the other Member States.
CHAPTER VI
SPECIAL INFORMATION AND TRAINING OBLIGATIONS IN THE MEMBER STATES
Article 57
Special information obligations of the Member States concerned
1. The Member States concerned shall ensure that at least railway, coach, airport and port operators, travel agencies, hunting trip organisers and postal services operators are required to draw the attention of their customers to the special disease control measures laid down in this Regulation, by providing information at least on the main prohibitions laid down in Articles 9, 11, 12, 48 and 49 to travellers moving from restricted zones I, II and III and customers of postal services in an appropriate way.
For that purpose, the Member States concerned shall organise and carry out regular public awareness campaigns to promote and spread information on the special disease control measures laid down in this Regulation.
2. The Member States concerned shall inform the Commission and the other Member States within the framework of the Standing Committee on Plants, Animals, Food and Feed, of the following:
(a) |
changes in the epidemiological situation as regards African swine fever in their territory; |
(b) |
results of surveillance for African swine fever in kept and wild porcine animals carried out in restricted zones I, II and III and areas outside those restricted zones; |
(c) |
the results of surveillance for African swine fever in kept and wild porcine animals carried out in areas listed in Annex II; |
(d) |
other measures and initiatives taken to prevent, control and eradicate African swine fever. |
Article 58
Special trainings obligations of the Member States concerned
The Member States concerned shall organise and carry out regularly or at appropriate intervals specific trainings concerning the risks of African swine fever and possible prevention, control and eradication measures for at least the following targeted groups:
(a) |
veterinarians; |
(b) |
farmers keeping porcine animals and other relevant operators and transporters; |
(c) |
hunters. |
Article 59
Special information obligations of all Member States
1. All Member States shall ensure that:
(a) |
on major land infrastructure routes, such as international communication roads and railways, and related land transport networks, appropriate information on the risks of the transmission of African swine fever and on the special disease control measures laid down in this Regulation are brought to the attention of travellers:
|
(b) |
the necessary measures are in place to raise awareness among stakeholders active in the kept porcine animals sector including small-size establishments of the risks for the introduction and spread of the African swine fever virus and to provide them with the most appropriate information on reinforced biosecurity measures for establishments of kept porcine animals located in the restricted zones I, II or III as provided for in Annex III, in particular the measures to be enforced in restricted zones I, II and III, by the means best suited to bring such information to their attention. |
2. All Member States shall raise awareness on African swine fever among the following:
(a) |
the public as provided for in Article 15 of Regulation (EU) 2016/429; |
(b) |
veterinarians, farmers, other relevant operators and transporters and hunters. |
3. All Member States shall provide the public and professionals listed in paragraph 2 with the most appropriate information on risk mitigation and reinforced biosecurity measures as set out in:
(a) |
Annex III; |
(b) |
The Union’s guidelines on African swine fever as agreed with the Member States at the Standing Committee on Plants, Animals, Food and Feed; |
(c) |
available scientific evidence provided by the European Food Safety Authority; |
(d) |
the Terrestrial Animal Health Code of the World Organisation for Animal Health. |
CHAPTER VII
FINAL PROVISIONS
Article 60
Repeal of Implementing Regulation (EU) 2021/605
Implementing Regulation (EU) 2021/605 is repealed from 21 April 2023.
Article 61
Entry into force and application
This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 21 April 2023 until 20 April 2028.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 March 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (OJ L 308, 4.12.2018, p. 21).
(3) Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64).
(4) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
(5) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).
(6) Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (OJ L 129, 15.4.2021, p. 1).
(7) Terrestrial Animal Health Code of the World Organisation for Animal Health (2022).
(8) https://ec.europa.eu/food/animals/animal-diseases/control-measures/asf_en
(9) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(10) EFSA Journal 2018;16(7):5344.
(11) EFSA Journal 2020;18(1):5996.
(12) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(13) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(14) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation references to Member States include the United Kingdom in respect of Northern Ireland.
(15) Commission Delegated Regulation (EU) 2020/686 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of germinal product establishments and the traceability and animal health requirements for movements within the Union of germinal products of certain kept terrestrial animals (OJ L 174, 3.6.2020, p. 1).
(16) Commission Delegated Regulation (EU) 2020/2154 of 14 October 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards animal health, certification and notification requirements for movements within the Union of products of animal origin from terrestrial animals (OJ L 431, 21.12.2020, p. 5).
(17) Commission Delegated Regulation (EU) 2020/688 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs (OJ L 174, 3.6.2020, p. 140).
ANNEX I
RESTRICTED ZONES I, II AND III
PART I
1. Germany
The following restricted zones I in Germany:
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Bundesland Brandenburg:
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Bundesland Sachsen:
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Bundesland Mecklenburg-Vorpommern:
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2. Estonia
The following restricted zones I in Estonia:
— |
Hiiu maakond. |
3. Greece
The following restricted zones I in Greece:
— |
in the regional unit of Drama:
|
— |
in the regional unit of Xanthi:
|
— |
in the regional unit of Rodopi:
|
— |
in the regional unit of Evros:
|
— |
in the regional unit of Serres:
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4. Latvia
The following restricted zones I in Latvia:
— |
Dienvidkurzemes novada, Grobiņas pagasts, Nīcas pagasta daļa uz ziemeļiem no apdzīvotas vietas Bernāti, autoceļa V1232, A11, V1222, Bārtas upes, Otaņķu pagasts, Grobiņas pilsēta, |
— |
Ropažu novada Stopiņu pagasta daļa, kas atrodas uz rietumiem no autoceļa V36, P4 un P5, Acones ielas, Dauguļupes ielas un Dauguļupītes. |
5. Lithuania
The following restricted zones I in Lithuania:
— |
Kalvarijos savivaldybė, |
— |
Klaipėdos rajono savivaldybė: Agluonėnų, Dovilų, Gargždų, Priekulės, Vėžaičių, Kretingalės ir Dauparų-Kvietinių seniūnijos, |
— |
Marijampolės savivaldybė išskyrus Šumskų ir Sasnavos seniūnijos, |
— |
Palangos miesto savivaldybė, |
— |
Vilkaviškio rajono savivaldybė: Bartninkų, Gražiškių, Keturvalakių, Pajevonio, Virbalio, Vištyčio seniūnijos. |
6. Hungary
The following restricted zones I in Hungary:
— |
Békés megye 950950, 950960, 950970, 951950, 952050, 952750, 952850, 952950, 953050, 953150, 953650, 953660, 953750, 953850, 953960, 954250, 954260, 954350, 954450, 954550, 954650, 954750, 954850, 954860, 954950, 955050, 955150, 955250, 955260, 955270, 955350, 955450, 955510, 955650, 955750, 955760, 955850, 955950, 956050, 956060, 956150 és 956160 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Bács-Kiskun megye 600150, 600850, 601550, 601650, 601660, 601750, 601850, 601950, 602050, 603250, 603750 és 603850 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Budapest 1 kódszámú, vadgazdálkodási tevékenységre nem alkalmas területe, |
— |
Csongrád-Csanád megye 800150, 800160, 800250, 802220, 802260, 802310 és 802450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Fejér megye 400150, 400250, 400351, 400352, 400450, 400550, 401150, 401250, 401350, 402050, 402350, 402360, 402850, 402950, 403050, 403450, 403550, 403650, 403750, 403950, 403960, 403970, 404650, 404750, 404850, 404950, 404960, 405050, 405750, 405850, 405950, |
— |
406050, 406150, 406550, 406650 és 406750 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Győr-Moson-Sopron megye 100550, 100650, 100950, 101050, 101350, 101450, 101550, 101560 és 102150 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Jász-Nagykun-Szolnok megye 750150, 750160, 750260, 750350, 750450, 750460, 754450, 754550, 754560, 754570, 754650, 754750, 754950, 755050, 755150, 755250, 755350 és 755450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Komárom-Esztergom megye 250150, 250250, 250450, 250460, 250550, 250650, 250750, 251050, 251150, 251250, 251350, 251360, 251650, 251750, 251850, 252250, kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Pest megye 571550, 572150, 572250, 572350, 572550, 572650, 572750, 572850, 572950, 573150, 573250, 573260, 573350, 573360, 573450, 573850, 573950, 573960, 574050, 574150, 574350, 574360, 574550, 574650, 574750, 574850, 574860, 574950, 575050, 575150, 575250, 575350, 575550, 575650, 575750, 575850, 575950, 576050, 576150, 576250, 576350, 576450, 576650, 576750, 576850, 576950, 577050, 577150, 577350, 577450, 577650, 577850, 577950, 578050, 578150, 578250, 578350, 578360, 578450, 578550, 578560, 578650, 578850, 578950, 579050, 579150, 579250, 579350, 579450, 579460, 579550, 579650, 579750, 580250 és 580450 kódszámú vadgazdálkodási egységeinek teljes területe. |
7. Poland
The following restricted zones I in Poland:
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w województwie kujawsko - pomorskim:
|
|
w województwie warmińsko-mazurskim:
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|
w województwie podlaskim:
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w województwie mazowieckim:
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w województwie podkarpackim:
|
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w województwie świętokrzyskim:
|
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w województwie łódzkim:
|
|
gmina Przedbórz w powiecie radomszczańskim, w województwie pomorskim:
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w województwie lubuskim:
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w województwie dolnośląskim:
|