1980L1095 — EN — 01.01.1986 — 003.001 — 1
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►B COUNCILDIRECTIVE
of11November1980
laying down conditions designed to render and keep the territory of the Community free from
classicalswinefever
(80/1095/EEC)
(OJ L 325, 1.12.1980, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 81/476/EEC of 24 June 1981 L 186 20 8.7.1981
►M2Council Directive 85/586/EEC of 20 December 1985 L 372 44 31.12.1985
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
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COUNCILDIRECTIVE
of11November1980
layingdownconditionsdesignedtorenderandkeeptheterritoryof
theCommunityfree fromclassical swinefever
(80/1095/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas one of the Community's tasks in the veterinary field is to
improve the state of health of livestock, in order to increase the profit-ability of stock farming;
Whereas this improvement must ensure that the state of health of live-
stock is brought to the most satisfactory level for the Community as awhole and maintained at that level;
Whereas the action to be taken under an accelerated eradication plan
must be gradual and be based upon the varying situations in theMember States or parts thereof; whereas this plan may, subject tocertain conditions, be implemented on a regional basis;
Whereas, if the disease accidentally recurs in a Member State or a part
thereof previously cleared of the disease, suitable measures must betaken for the immediate elimination of the disease so that the disease-free classification may be restored as soon as possible;
Whereas action of this kind should serve to eliminate obstacles to trade
in live animals between Member States caused by differences in theiranimal health situations;
Whereas the free movement of live pigs between Member States or
parts thereof will be aided by making and keeping Member States orparts thereof free from classical swine fever;
Whereas provision should be made for close cooperation between the
Member States and the Commission for this purpose,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive defines the measures which the Member States must
apply in order to eradicate swine fever from their territories so as toachieve and retain officially swine fever-free status.
Article 2
For the purposes of this Directive the definitions given in Article 2 of
Council Directive 80/217/EEC of 22 January 1980, introducing
Community measures for the control of classical swine fever(
4), and
in Article 2 of Council Directive 64/432/EEC of 26 June 1964 onanimal health problems affecting intra-Community trade in bovine1980L1095 — EN — 01.01.1986 — 003.001 — 2
(1) OJ No C 187, 25. 7. 1979, p. 2.
(2) OJ No C 72, 24. 3. 1980, p. 6.
(3) OJ No C 300, 18. 11. 1980, p. 17.
(4) OJ No L 47, 21. 2. 1980, p. 11.
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animals and swine(1), as last amended by Directive 80/219/EEC(2),
shall apply.
Furthermore, for the purposes of this Directive the following defini-
tions shall apply:
1. ‘officially swine fever-free holding’ means a holding in which:
— no swine fever has been detected for at least the preceding 12
months,
— there are no pigs which have been vaccinated against swine
fever,
— vaccination against swine fever has not been authorized for at
least the preceding 12 months,
in addition, no swine fever must have been detected for at least the
preceding 12 months at least within a radius of two kilometresaround the holding;
2. ‘officially swine fever-free Member State’ means a Member State in
which:
— no swine fever has been detected for at least the preceding 12
months,
— vaccination against swine fever has not been authorized for at
least the preceding 12 months,
in which the holdings contain no pigs which have been vaccinated
against swine fever and which has been so recognized under Article3 (2) or 7 (1).
3. ‘officially swine fever-free region’ means a region in which:
— no swine fever has been detected for at least the preceding 12
months,
— vaccination against swine fever has not been authorized for at
least the preceding 12 months,
in which the holdings contain no pigs which have been vaccinated
against swine fever and which has been so recognized under Article
7 (2);
4. ‘swine fever-free Member State or region’ means a Member State or
region in which no swine fever has been detected for at least thepreceding 12 months.
Article 3
1. Any Member State which is not officially swine fever-free shall
prepare a plan for the accelerated eradication of this disease.
2. Not later than six months after the date of notification of this
Directive, Member States' status shall be established under the proce-dure laid down in Article 9 for the purpose of determining those
required to submit a plan in accordance with paragraph 1.
The status of Portugal and Spain will be defined in accordance with the
same procedure before 1 July 1986 with a view to specifying suchcontrol measures as may prove appropriate.
3. This plan, which must be carried out over a period of not more
than five years, must meet the requirements of Article 4 of this Direc-tive and be approved in accordance with Article 5 (3) of CouncilDecision 80/1096/EEC of 11 November 1980 introducing Communityfinancial measures for the eradication of classical swine fever(
3).1980L1095 — EN — 01.01.1986 — 003.001 — 3
(1) OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ No L 47, 21. 2. 1980, p. 25.
(3) See page 5 of this Official Journal.▼M2
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Article 4
1. The plan referred to in Article 3 must be designed to ensure that
the territory of the Member State concerned will be officially free from
swine fever after five years at most.
2. It must specify:
— as appropriate:
— the date of prohibition of vaccination of breeding pigs,— the date of prohibition or, in the first two years of implementing
the plan, of restriction of vaccination of fattening pigs,
— the date of commencement of the swine fever detection
campaign, where such has proved necessary;
— the measures, resources and timetable proposed by the Member
State in order to attain the objective fixed in paragraph 1.
3. The plan may be implemented on a regional basis if the Member
State is able to guarantee that the status of the regions concerned willbe protected and maintained.
In that event, the details required under paragraph 2 must relate to each
of the regions defined in the plan.
4. The Member State shall notify the Commission of:
(a) the annual expenditure in connection with swine fever in each of
the past three years, with a breakdown of such expenditure;
(b) forecast annual expenditure on the five-year plan.
Article 5
The Commission shall make regular on-the-spot checks to verify from
a veterinary viewpoint whether the plans are being applied.
Member States shall take the necessary steps to facilitate these checks
and shall in particular ensure that the experts are supplied at theirrequest with all information and documentation needed for assessingthe execution of the plans.
The general provisions for implementing this Article, especially as
regards the frequency and method of carrying out the checks referredto in the first paragraph, the rules governing the appointment of veter-inary experts and the procedure which they must follow when drawingup their report, shall be laid down in accordance with the procedure setout in Article 9.
Article 6
1. Member States shall forward the plans provided for in Article 3
to the Commission, in accordance with Article 5 (1) of Decision 80/
1096/EEC.
2. These plans shall be approved in accordance with the procedure
set out in Article 5 (3) of that Decision.
3. Should swine fever spread alarmingly in their territories during
the implementation of a plan approved under paragraph 2, MemberStates may review the situation and take the precautionary measuresthey deem appropriate, including the reintroduction of organized
preventive vaccination.
They shall inform the Commission thereof.4. Plans approved under paragraph 2 may be modified or supple-
mented by the same procedure in order to keep pace withdevelopments in the situation with regard to swine fever in the MemberState or the region concerned, and in particular to take account ofpossible implementation of the measures provided for in paragraph 3.
Article 7
1. Under the procedure laid down in Article 9, a Member State
covered by Article 3 (1) shall be recognized as officially swine fever-1980L1095 — EN — 01.01.1986 — 003.001 — 4
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free once the following conditions have been fulfilled in that Member
State for at least 12 months:
(a) no swine fever has been detected;
(b) vaccination against swine fever has been discontinued.
2. Under the procedure laid down in Article 9, a part of a Member
State's territory to which Article 4 (3) applies may be recognized as
officially swine fever-free, though not earlier than three months afterit has fulfilled the conditions of paragraph 1 of this Article, providedthe Member State in question can supply adequate guarantees that thestatus of that part of its territory will be maintained, in particular byshowing evidence of the existence of measures:
(i) either to prohibit the introduction into the part of its territory
concerned of pigs from holdings which are not officially swinefever-free;
(ii) or to prohibit vaccinated pigs from leaving holdings situated in a
part of its territory which is not officially swine fever-free or whichis not swine fever-free except for immediate slaughter or for intro-duction into another holding of the same status.
Article 8
1. Any Member State which during the period laid down in Article
2 (1) of Decision 80/1096/EEC loses its status as officially swine fever-free, may avail itself of Article 3 (1) provided its plan does not extendbeyond that period.
2. However, if an outbreak or a number of epizootiologically inter-
related outbreaks of swine fever occur within a geographically limited
area in a Member State which is officially swine fever-free, the status
of that Member State shall not be withdrawn for a period of 15 days ifthe Member State takes measures to isolate the area in question.
Within the said 15-day period, however a decision may be taken under
the procedure in Article 9 to withdraw the status or if the measurestaken by the Member State are deemed satisfactory to maintain it fora maximum of three months.
3. Paragraph 2 may be applies by analogy to officially swine fever-
free regions.
Article 9
1. Where the procedure laid down in this Article is to be followed,
matters shall be referred without delay by the chairman, either on hisown initiative or at the request of a Member State, to the Standing
Veterinary Committee (hereinafter called ‘the Committee’) set upby
Decision 68/361/EEC of 15 October 1968(
1).
2. Within the Committee the votes of the Member States shall be
weighted as laid down in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion onthese measures within a time limit set by the chairman according tothe urgency of the questions under examination. Opinions shall be
delivered by a majority of ►
M3fifty-four ◄votes.
4. The Commission shall adopt the measures and shall apply them
immediately where they are in accordance with the opinion of the
Committee. Where they are not in accordance with the opinion of theCommittee, or if no opinion is delivered, the Commission shall withoutdelay submit to the Council a proposal on the measures to be taken.The Council shall adopt the measures by a qualified majority.
If within three months of the date on which the proposal was submitted
to it the Council has not adopted any measures, the Commission shall1980L1095 — EN — 01.01.1986 — 003.001 — 5
(1) OJ No L 255, 18. 10. 1968, p. 23.
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adopt the proposed measures and shall apply them immediately, save
where the Council has decided against these measures by a simplemajority.
Article 11
After consulting the Member States within the Committee, the
Commission shall, before 1 July 1983, submit to the Council a reporton the application of this Directive by the Member States and thecurrent situation in the Community in respect of swine fever, together
with any relevant proposals.
Article 12
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary for the implementation of national
plans for accelerated eradication approved in accordance with Article 5(2) of Decision 80/1096/EEC on the date laid down by the Commissionin its Decision approving the plans and, for plans approved during1981, not later than 31 December 1981.
2. The five-year period of execution provided for in Article 2 (1) of
Decision 80/1096/EEC shall run, for each Member State, from the date
laid down by the Commission pursuant to paragraph 1; however,Community finance shall in all cases be restricted to slaughteringscarried out before 1 January 1987 ►
M2and, in the case of Portugal
and Spain, before 1 July 1992 ◄.
3. The Council, acting unanimously on a proposal from the
Commission, may, where implementation of the plan on the date laid
down would meet with considerable difficulties in some Member
States, postpone for such States the dates specified in paragraphs 1and 2 by not more than one year.
Article 13
This Directive is addressed to the Member States.1980L1095 — EN — 01.01.1986 — 003.001 — 6
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