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            COMMISSION DECISION         

of 24 November 2006         

concerning animal health control measures relating to classical swine fever in certain Member States

(notified under document number C(2006) 5538)

(Text with EEA relevance)

(2006/805/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (2), and in particular Article 9(4) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

This Decision lays down certain control measures in relation to classical swine fever in Bulgaria, Germany, France and Slovakia (‘the Member States concerned’).

It shall apply without prejudice to the plans for the eradication of classical swine fever and the emergency vaccination plans against that disease approved in accordance with Commission Decisions 2003/135/EC (7), 2004/832/EC (8), 2005/59/EC (9) and 2006/800/EC (10).

Article 2

Prohibition on the dispatch of live pigs from the areas listed in the Annex

The Member States concerned shall ensure that no live pigs are dispatched from its territory to other Member States unless the pigs come from:

Article 3

Movement and transit of pigs in the Member States concerned

1.   The Member States concerned shall ensure that no live pigs are dispatched from holdings located within the areas listed in the Annex to other areas in the territory of the same Member State, except:

2.   The Member States concerned shall ensure that the transit of pigs through the areas listed in the Annex only takes place via major roads or railways, without any stops by the vehicle transporting the pigs.

Article 4

Prohibition on the dispatch of consignments of porcine semen and ova and embryos of swine from the areas listed in the Annex

The Member State concerned shall ensure that no consignments of the following are dispatched from its territory to other Member States:

Article 5

Prohibition on the dispatch of certain consignments from areas listed in Part III of the Annex and special health marks

The Member States concerned with areas listed in Part III of the Annex shall ensure that:

Article 6

Health certification requirements for the Member States concerned

The Member State concerned shall ensure that the health certificate provided for in:

Article 7

Certification requirements concerning Member States with areas listed in Part III of the Annex

The Member State with areas listed in Part III of the Annex to this Decision shall ensure that fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs, to which the prohibition provided for in Article 5 does not apply and that are dispatched to other Member States:

Article 8

Requirements concerning holdings and transport vehicles in the areas listed in the Annex

The Member State concerned shall ensure that:

Article 9

Derogations concerning the dispatch of pigs from areas listed in Part I of the Annex

1.   By way of derogation from Article 2 and subject to the prior approval of the Member State of destination, the dispatch of pigs coming from holdings located within the areas listed in Part I of the Annex to holdings or slaughterhouses located in other areas listed in that Part of the Annex may be authorised by the Member State of dispatch, provided that such pigs come from a holding where:

However, point (c) shall not apply to pigs to be dispatched directly to slaughterhouses for the purpose of immediate slaughter.

2.   When dispatching the pigs referred to in paragraph 1 of this Article, the Member States concerned shall ensure that the health certificate referred to in point (a) of Article 6 includes additional information concerning the dates of the clinical examination, sampling and serological testing as provided for in paragraph 1 of this Article, the number of samples tested, the type of test used and the results of the tests.

Article 10

Derogations concerning certain consignments from areas listed in Part III of the Annex

By way of derogation from Article 5, the Member States concerned with areas listed in Part III of the Annex may authorise the dispatch of fresh meat of pigs, and meat products and preparations consisting of, or containing meat of pigs from holdings located in those areas, to other Member States if the products:

Article 11

Information requirements of the Member States concerned

The Member States concerned shall inform the Commission and the Member States, in the framework of the Standing Committee on the Food Chain and Animal Health, of the results of the sero-surveillance for classical swine fever carried out in the areas listed in the Annex, as provided for in the plans for the eradication of classical swine fever or in emergency vaccination plans against that disease approved by the Commission and referred to in the second paragraph of Article 1.

Article 12

Compliance

The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 13

Repeal

Decision 2003/526/EC is repealed.

Article14

Applicability

This Decision shall apply only subject to and from the date of entry into force of the Treaty of Accession of Bulgaria and Romania.

It shall apply for a period of nine months.

Article 15

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 24 November 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(2)OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004, p. 12).

(3)OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession

(4)OJ L 183, 22.7.2003, p. 46. Decision as last amended by Decision 2006/327/EC (OJ L 120, 5.5.2006, p. 24).

(5)OJ L 139, 30.4.2004, p. 206; corrected version (OJ L 226, 25.6.2004, p. 83). Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(6)OJ L 139, 30.4.2004, p. 55; corrected version (OJ L 226, 25.6.2004, p. 22). Regulation as last amended by Commission Regulation (EC) No 2076/2005.

(7)OJ L 53, 28.2.2003, p. 47.

(8)OJ L 359, 4.12.2004, p. 62.

(9)OJ L 24, 27.1.2005, p. 46.

(10)OJ L 325, 24.11.2006, p. 35.

(11)OJ L 224, 18.8.1990, p. 62.

(12)OJ 121, 29.7.1964, p. 1977/64.

(13)OJ L 275, 18.11.1995, p. 30.

(14)OJ L 18, 23.1.2003, p. 11.

(15)OJ L 94, 31.3.2004, p. 44.

(16)OJ L 39, 9.2.2002, p. 71.

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ANNEX

PART I

1.   Germany

A.   Rhineland-Palatinate:

B.   North Rhine-Westfalia

2.   France:

The territory of the Department of Bas-Rhin and Moselle located west of the Rhine and the channel Rhine Marne, north of the motorway A 4, east of the river Sarre and south of the border with Germany and the municipalities Holtzheim, Lingolsheim and Eckbolsheim.

PART II

Slovakia:

The territory of the District Veterinary and Food Administrations (DVFA) of Trenčín (comprising Trenčín and Bánovce nad Bebravou districts), Prievidza (comprising Prievidza and Partizánske districts), Púchov (comprising Ilava district only), Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen, Krupina and Detva districts), Lučenec (comprising Lučenec and Poltár districts) and Veľký Krtíš.

PART III

Bulgaria:

The whole territory of Bulgaria.

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