13.11.2008   

EN

Official Journal of the European Union

L 302/19

(1)

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (3) introduces minimum Community measures for the control of that disease. It lays down the measures to be taken in the event of an outbreak of classical swine fever. Those measures include plans by Member States for the eradication of classical swine fever from a feral pig population and emergency vaccination of feral pigs under certain conditions.

(2)

Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (4) was adopted in response to outbreaks of classical swine fever in those Member States. That Decision establishes disease control measures concerning classical swine fever in areas of those Member States where that disease is present in feral pigs in order to prevent the spread of the disease to other areas of the Community.

(3)

Those Member States are required to take appropriate measures to prevent the spread of classical swine fever. Therefore, they submitted to the Commission eradication plans and emergency vaccination plans against that disease setting out the measures necessary to eradicate the disease in the areas defined in their plans as infected and setting out the necessary measures to be applied on the pig holdings in those areas.

(4)

Different epidemiological situations regarding classical swine fever are registered in Member States or areas thereof. In the interest of clarity of Community legislation, it is therefore appropriate to provide for three distinct lists of areas, according to the epidemiological situation of each.

(5)

As a general rule, since movement of live pigs from infected areas poses higher risks than movement of meat, meat preparations and meat products, movement of live pigs from the Member States concerned should be prohibited.

(6)

Semen, ova and embryos originating from infected animals may contribute to the spread of classical swine fever virus. It is appropriate, in order to prevent the spread of classical swine fever to other areas of the Community to prohibit the dispatch of semen, ova and embryos from areas listed in the Annex to this Decision.

(7)

It is appropriate that one list sets out the Member States and areas where the epidemiological situation of classical swine fever is the most favourable and therefore by way of derogation from the general ban live pigs may be dispatched to other restricted areas, subject to certain safeguard measures. Additionally, fresh pigmeat from holdings located in those areas, and meat preparations and meat products consisting of, or containing meat of those pigs may be dispatched to other Member States.

(8)

Certain areas affected by classical swine fever in feral pigs are divided by national borders and comprise neighbouring territories of two Member States. The disease control measures concerning restrictions on the dispatch of live pigs, within affected neighbouring areas situated in two different Member States should also be laid down.

(9)

Given the epidemiological situation in certain areas of Hungary and Slovakia it is appropriate that they are included on that first list of areas.

(10)

A second list should set out the areas where the epidemiological situation in the wild boar population or in pig holdings is less favourable due to sporadic outbreaks. From these areas no live pigs but fresh pigmeat from holdings considered to be safe, and meat preparations and meat products consisting of, or containing meat of those pigs may be dispatched to other Member States subject to certain additional safeguard measures which should be laid down in the present Decision.

(11)

A third list should include the areas from which neither live pigs nor fresh pigmeat and meat products may in general be dispatched to other Member States. However, it is appropriate that such pigmeat preparations and meat products consisting of, or containing pigmeat may be dispatched to other Member States if they are treated in such a way that any classical swine fever virus present is destroyed.

(12)

In addition, it is appropriate, in order to prevent the spread of classical swine fever to other areas of the Community, to provide that the dispatch of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs from Member States with areas included on that third list is subject to certain conditions. In particular such pigmeat and pigmeat products and preparations should be marked with special marks which cannot be confused with the health marks for pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (5) and the identification mark provided for in 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 (6).

(13)

In order to prevent the spread of classical swine fever to other areas of the Community, where a Member State is subject to a prohibition on the dispatch of fresh pigmeat, and meat preparations and meat products consisting of, or containing pigmeat from certain parts of its territory, certain requirements should be laid down, in particular as regards certification, for the dispatch of such meat, preparations and products from other areas of the territory of that Member State not subject to that prohibition.

(14)

Decision 2006/805/EC has been amended several times. Therefore it is appropriate to repeal that Decision and replace it by the present Decision.

(15)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)

areas outside those listed in the Annex; and

(b)

a holding where no live pigs originating from the areas listed in the Annex have been introduced during the 30-day period immediately prior to the date of dispatch.

(a)

no live pigs have been introduced during the 30-day period immediately prior to the date of dispatch;

(b)

a clinical examination for classical swine fever has been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in Part A and in points 1, 2 and 3 of Part D of Chapter IV of the Annex to Commission Decision 2002/106/EC (7); and

(c)

polymerase chain reaction tests for classical swine fever according to Part C of Chapter VI of the Annex to Decision 2002/106/EC have been carried out with negative results on blood samples collected from the consignment of pigs to be dispatched, during the seven-day period immediately prior to the date of dispatch; the minimum number of pigs to be sampled must be sufficient to allow for the detection of 5 % prevalence with 95 % confidence in the consignment of pigs to be dispatched.

(i)

to pigs dispatched directly to slaughterhouses for the purpose of immediate slaughter;

(ii)

to pigs dispatched to a neighbouring area of a Member State listed in Part I of the Annex;

(iii)

when the Member State of destination gives its prior approval.

(a)

pigs to be moved directly to slaughterhouses for the purpose of immediate slaughter;

(b)

from holdings where:

(a)

porcine semen, unless the semen originates from boars kept at an approved collection centre as referred to in Article 3(a) of Council Directive 90/429/EEC (9) and situated outside the areas listed in the Annex to this Decision;

(b)

ova and embryos of swine, unless the ova and embryos originate from swine kept in holdings situated outside the areas listed in the Annex.

(a)

no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection or surveillance zone;

(b)

the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;

(c)

the holding has been subjected at least twice a year to inspections by the competent veterinary authority, which must:

(d)

before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1, 2 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC.

(a)

have been produced and processed in compliance with Article 4(1) of Council Directive 2002/99/EC (10);

(b)

are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and

(c)

are accompanied by the appropriate intra-Community trade health certificate as laid down by Commission Regulation (EC) No 599/2004 (11) of which Part II shall be completed by the following:

‘Product in accordance with Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (12).

—

the identification mark for meat preparations and meat products consisting of, or containing pigmeat, provided for in Section I of Annex II to Regulation (EC) No 853/2004, and

—

the health mark for fresh pigmeat provided for in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.

(a)

Article 5(1) of Council Directive 64/432/EEC (13) accompanying pigs dispatched from its territory, shall be completed by the following:

‘Animals in accordance with Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (14).

(b)

Article 6(1) of Directive 90/429/EEC accompanying boar semen dispatched from its territory, shall be completed by the following:

‘Semen in accordance with Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (15).

(c)

Article 1 of Commission Decision 95/483/EC (16) accompanying embryos and ova of swine dispatched from its territory, shall be completed by the following:

‘Embryos/ova (17) in accordance with Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (18).

(a)

are subjected to the veterinary certification in accordance with Article 5(1) of Directive 2002/99/EC; and

(b)

are accompanied by the appropriate intra-Community trade health certificate laid down by Article 1 of Regulation (EC) No 599/2004 of which Part II shall be completed by the following:

‘Fresh pigmeat, and meat preparations and meat products consisting of, or containing pigmeat, in accordance with Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (19).

(a)

the provisions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;

(b)

vehicles which have been used for the transport of pigs originating from holdings located within the areas listed in the Annex to this Decision are cleansed and disinfected immediately following each operation and the transporter provides proof of such cleansing and disinfection.