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COMMISSION DECISION

of 7 May 1990

concerning certain protection measures relating to classical swine fever in the Federal Republic of Germany

(90/231/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), as last amended by Directive 89/662/EEC (2), and in particular Article 9 thereof,

Having regard to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (3), as last amended by Directive 89/662/EEC, and in particular Article 8 thereof,

Having regard to Council Directive 80/215/EEC of 22 January 1980 on health problems affecting intra-Community trade in meat products (4), as last amended by Directive 89/662/EEC, and in particular Article 7 thereof,

Whereas several outbreaks of classical swine fever have occurred in different parts of the Federal Republic of Germany;

Whereas these outbreaks are liable to endanger the herds of other Member States, in view of the trade in live pigs, fresh pigmeat and certain meat-based pork products;

Whereas, since it is possible to identify a geographically limited area which presents a particular risk, the restrictions on trade could be applied on a regional basis;

Whereas the authorities of the Federal Republic of Germany have engaged themselves to implement national measures that are necessary to guarantee the efficient implementation of the Decision;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. The Federal Republic of Germany shall not send, after 7 May 1990, to other Member States:

- live pigs coming from those parts of their territory described in the Annex,

- fresh pigmeat and pigmeat products obtained from pigs referred to in the first indent.

2. The restrictions described in paragraph 1 shall not apply to meat products which have undergone one of the treatments laid down in Article 4 (1) of Directive 80/215/EEC.

Article 2

1. The health certificate provided for in Directive 64/432/EEC accompanying pigs sent from the Federal Republic of Germany must be completed by the following:

'Animals in accordance with Commission Decision 90/231/EEC of 7 May 1990 concerning certain protection measures relating to classical swine fever in the Federal Republic of Germany.'

2. The health certificate provided for in Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (5), as last amended by Directive 89/662/EEC, accompanying pigmeat sent from the Federal Republic of Germany must be completed by the following:

'Meat in accordance with Commission Decision 90/231/EEC of 7 May 1990, concerning certain protection measures relating to classical swine fever in the Federal Republic of Germany.'

3. The health certificate provided for in Directive 77/99/EEC of 21 December 1976 on animal health problems affecting intra-Community trade in meat products (6), as last amended by Directive 89/662/EEC, accompanying meat products sent from the Federal Republic of Germany must be completed by the following:

'Products in accordance with Commission Decision 90/231/EEC of 7 May 1990 concerning certain protection measures relating to classical swine fever in the Federal Republic of Germany.'

Article 3

Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 4

The Commission will follow developments in the situation and may amend this Decision in the light of such developments.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 7 May 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No 121, 29. 7. 1964, p. 1977/64.

(2) OJ No L 395, 30. 12. 1989, p. 13.

(3) OJ No L 302, 31. 12. 1972, p. 24.

(4) OJ No L 47, 21. 2. 1980, p. 4.

(5) OJ No 121, 29. 7. 1964, p. 2012/64.

(6) OJ No L 26, 31. 1. 1977, p. 85.

ANNEX

The territory of:

- The Rheingau-Taunus Kreis,

- The City of Wiesbaden,

- The Mayen-Koblenz Kreis.