2005D0363 —EN—05.05.2005 —000.001 —1
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►B COMMISSION DECISION
of 2 May 2005
concerning animal health protection measures against African swine fever in Sardinia, Italy
(notified under document number C(2005) 1321)
(Text with EEA relevance)
(2005/363/EC)
(OJ L 118, 5.5.2005, p. 39)
Corrected by:
►C1 Corrigendum, OJ L 120, 12.5.2005, p. 42 (2005/363/EC)
▼B
COMMISSION DECISION
of 2 May 2005
concerning animal health protection measures against African swine
fever in Sardinia, Italy
(notified under document number C(2005) 1321)
(Text with EEA relevance)
(2005/363/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checks in intra-Community trade with a view tothe completion of the internal market (
1), and in particular Article 9(4)
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 tothe completion of the internal market (
2), and in particular Article 10(4)
thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002
laying down animal health rules governing the production, processing,distribution and introduction of products of animal origin for humanconsumption (
3), and in particular Article 4(3) thereof,
Whereas:
(1) Commission Decision 2003/514/EC of 10 July 2003 concerning
health protection measures against African swine fever inSardinia, Italy (
4) was adopted in response to the presence of
African swine fever in the province of Nuoro, Sardinia, Italy.
(2) In 2004, a serious recrudescence of African swine fever occurred
in Sardinia. African swine fever must still be considered an
endemic disease in the domestic and feral pig population of the
province of Nuoro. Some outbreaks of that disease in domesticpigs have, however, also been notified in other provinces ofSardinia.
(3) The disease situation is liable to endanger the pig herds in otherregions of Italy and in other Member States, in view of trade inlive pigs, pig semen, ova and embryos and pig meat, pig meatproducts and other products containing pig meat.
(4) Italy has taken measures to combat African swine fever inSardinia within the framework of Council Directive 2002/60/ECof 27 June 2002 laying down specific provisions for the control
of African swine fever and amending Directive 92/119/EEC as
regards Teschen disease and African swine fever (
5).
(5) Italy has reviewed the measures taken so far to combat the
disease in the light of the recrudescence of the disease in 2004.
(6) Commission Decision 2005/362/EC of 2 May 2005 approving the
plan for the eradication of African swine fever in feral pigs in2005D0363 —EN—05.05.2005 —000.001 —2
(1) 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).
(2) 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).
(3) OJ L 18, 23.1.2003, p. 11.
(4) OJ L 178, 17.7.2003, p. 28.
(5) OJ L 192, 20.7.2002, p. 27. Directive as amended by the 2003 Act of
Accession.
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Sardina, Italy (1) was adopted in order to approve the plan for the
eradication of African swine fever in feral pigs submitted byItaly.
(7) In the light of the current epidemiological situation, it isappropriate to apply further Community measures to the wholeterritory of Sardinia as regards the movement of live pigs and
pig semen, ova and embryos and the dispatch of pig meat, pig
meat products and products containing pig meat.
(8) It is appropriate to provide for certain derogations from themeasures provided for in this Decision for pig meat originating
from pigs which have entered Sardinia as pigs for slaughter in
accordance with Council Directive 64/432/EEC of 26 June 1964on animal health problems affecting intra-Community trade inbovine animals and swine (
2) or Council Directive 72/462/EEC
of 12 December 1972 on health and veterinary inspectionproblems upon importation of bovine, ovine and caprine animals
and swine, fresh meat or meat products from third countries (
3)o r
Council Directive 2004/68/EC of 26 April 2004 laying downanimal health rules for the importation into and transit throughthe Community of certain live ungulate animals, amendingDirectives 90/426/EEC and 92/65/EEC and repealing Directive
72/462/EEC (
4) or that satisfies certain requirements of this
Decision.
(9) It is also appropriate to provide for certain derogations for pigmeat products and other products containing pig meat obtained
from meat that entered Sardinia as fresh pig meat in accordance
with Council Directive 64/433/EEC of 26 June 1964 on healthconditions for the production and marketing of fresh meat (
5)o r
in accordance with Directive 2002/99/EC or that comply withCouncil Directive 77/99/EEC of 21 December 1976 on healthproblems affecting the production and marketing of meat
products and certain other products of animal origin (
6) or that
satisfy certain requirements of this Decision.
(10) In order to ensure that pig meat, pig meat products and otherproducts containing pig meat, not fulfilling certain animal health
requirements are not dispatched from Sardinia and to ensure the
traceability of such pig meat and products, the pig meat should bespecially marked. These special marks must be such that theycannot be confused with the oval stamp for pig meat providedfor in point 50 of Chapter XI of Annex I to Directive 64/433/
EEC, or after its date of application the health mark in
accordance with Regulation (EC) No 854/2004 of the EuropeanParliament and of the Council of 29 April 2004 laying downspecific rules for the organisation of official controls on productsof animal origin intended for human consumption (
7), and with
the oval stamp for pig meat products and other products
containing pig meat provided for in point 4 of Chapter VI of
Annex B to Directive 77/99/EEC, or after its date of applicationthe identification mark in accordance with Regulation (EC) No853/2004 of the European Parliament and of the Council of 29April 2004 laying down specific hygiene rules for food of
animal origin (
8).2005D0363 —EN—05.05.2005 —000.001 —3
(1) See page 36 of this Official Journal.
(2) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regulation (EC)
No 1/2005 (OJ L 3, 5.1.2005, p. 1).
(3) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC)
No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(4) OJ L 139, 30.4.2004, p. 321.
(5) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by the 2003 Act of
Accession.
(6) OJ L 26, 31.1.1977, p. 85. Directive as last amended by the 2003 Act of
Accession.
(7) OJ L 139, 30.4.2004, p. 206. Regulation as amended by Regulation (EC) No
882/2004 (OJ L 165, 30.4.2004, p. 1).
(8) OJ L 139, 30.4.2004, p. 55.
▼B
(11) Decision 2003/514/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance
with the opinion of the Standing Committee on the Food Chain
and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Subject matter and scope
This Decision lays down animal health rules on:
(a) the movement of live pigs, pig semen, ova and embryos and the
dispatch of pig meat, pig meat products and any other productscontaining pig meat originating from Sardinia; and
(b) the marking of pig meat, pig meat products or any other products
containing pig meat in Sardinia.
Article 2
Definitions
For the purpose of this Decision, the following definitions shall apply:
(a)‘pig’as defined in Article 2(a) of Directive 2002/60/EC;
(b)‘pig meat ’means all parts of pigs which are suitable for human
consumption;
(c)‘pig meat products ’means processed products resulting from the
processing of pig meat or from the further processing of suchprocessed products, so that the cut surface shows that the productno longer has the characteristics of fresh meat;
(d)‘other products containing pig meat ’means products for human
consumption containing pig meat or pig meat products.
Article 3
Prohibition on the movement of live pigs, pig semen, ova and
embryos and on the dispatch of pig meat, pig meat products and
any other products containing pig meat from Sardinia
Italy shall prohibit the following:
(a) the movement of live pigs from Sardinia;
(b) the movement of pig semen, ova and embryos from Sardinia; and
(c) the dispatch of pig meat, pig meat products and any other products
containing pig meat from Sardinia.
Article 4
Special marking of pig meat, pig meat products and any other
products containing pig meat in Sardinia
Italy shall ensure that the pig meat, pig meat products and any other
products containing pig meat originating from pigs slaughtered inSardinia are marked with a special health or identification mark whichcannot be confused with the Community stamp and shall, in particular,not be oval.
Article 5
Derogation from Articles 3 and 4 as regards pig meat
1. By way of derogation from Article 3(c), Italy may authorise the
dispatch of pig meat from Sardinia to areas outside Sardinia if theconditions provided for in paragraphs 2 to 5 of this Article are fulfilled.2005D0363 —EN—05.05.2005 —000.001 —4
▼B
2. The pig meat must originate:
(a) either from pigs:
(i) which have entered Sardinia as pigs for slaughter in accordance
with Directive 64/432/EEC or Directive 72/462/EEC orDirective 2004/68/EC; and
(ii) which comply with the conditions set out in Annex II(A);
(b) or from pigs:
(i) which have been kept for at least four months before the date of
transport to the slaughterhouse on the holding of origin in
Sardinia which must be located outside the areas listed inAnnex I; and
(ii) which comply with the conditions set out in Annex II.
3. The pig meat shall be produced, stored and processed in establish-
ments:
(a) which are approved for that purpose by the competent authority; and
(b) in which the pig meat is produced, stored or processed separately
from other meat not complying with paragraph 2.
4. By way of derogation from Article 4 of this Decision, the pig meat
must be marked with the oval stamp provided for in point 50 of Chapter
XI of Annex I to Directive 64/433/EEC or, after its date of application,with the health mark in accordance with Regulation (EC) No 854/2004.
5. The pig meat shall be:
(a) subjected to veterinary certification in accordance with Article 5 of
Directive 2002/99/EC; and
(b) be accompanied when leaving Sardinia by the intra trade certificate
laid down in Commission Regulation (EC) No 599/2004 (
1)
completed with the specific sanitary requirement set out in AnnexIII to this Decision.
Article 6
Derogation from Articles 3 and 4 as regards pig meat products and
any other products containing pig meat
1. By way of derogation from point (c) of Article 3, Italy may
authorise the dispatch of pig meat products and any other productscontaining pig meat from Sardinia to areas outside Sardinia if theconditions provided for in paragraphs 2 to 5 of this Article are fulfilled.
2. The products must either:
(a) be obtained from meat that has entered Sardinia as fresh pig meat in
accordance with Directive 64/433/EEC or Directive 2002/99/EC; or
(b) be obtained from pig meat that complies with Article 5 of this
Decision; or
(c) comply with Article 4(1) of Directive 2002/99/EC and have
undergone a treatment that is effectively recognised to eliminatethe African swine fever virus as set out in Annex III to thatDirective
3. The products shall be produced, stored and processed in establish-
ments:
(a) which are approved for that purpose by the competent authority; and
(b) in which only products complying with paragraph 2 are produced,
stored or processed.
4. By way of derogation from Article 4, the products must be marked
with the oval stamp provided for in point 4 of Chapter VI of Annex B2005D0363 —EN—05.05.2005 —000.001 —5
(1) OJ L 94, 31.3.2004, p. 44.
▼B
to Directive 77/99/EEC or, after its date of application, with the identi-
fication mark in accordance with Regulation (EC) No 853/2004.
5. The products shall be:
(a) subjected to the veterinary certification in accordance with Article 5
of Directive 2002/99/EC; and
(b) be accompanied when leaving Sardinia by the intra trade certificate
laid down by Regulation (EC) No 599/2004 completed with thespecific sanitary requirement set out in Annex IV to this Decision.
Article 7
Communication to the Commission and the other Member States
Italy shall communicate to the Commission and the other Member
States, every six months from the date of Decision, the following:
(a) the updated list of the approved establishments referred to in
Articles 5(3) and 6(3); and
(b) the list of all consignments of pig meat, pig meat products and any
other products containing pig meat that have been certified as
provided for in Articles 5(4) and 6(4); and
(c) any relevant information on the application of this Decision.
Article 8
Repeal
Decision 2003/514/EC is repealed.
Article 9
Addressees
This Decision is addressed to the Member States.2005D0363 —EN—05.05.2005 —000.001 —6
▼B
ANNEX I
Areas of Sardinia as referred to in point (b)(i) of Article 5(2)
(a) In the province of Nuoro: the whole territory.
(b) In the province of Sassari: the territory of the municipalities of Ala ’dei
Sardi, Anela, Banari, Benetutti, Bessude, Bonnanaro, Bono, Bonorva,
Borutta, Bottidda, Budduso ’, Bultei, Burgos, Cheremule, Cossoine,
Esporlatu, Giave, Illorai, Ittireddu, Mores, Nughedu di San Nicolo ’, Nule,
Pattada, Siligo, Thiesi and Torralba.2005D0363 —EN—05.05.2005 —000.001 —7
▼B
ANNEX II
Conditions as referred to in Article 5(2)
Section A
General provisions for pigs referred to Article 5(2)(a) and (b)
On arrival at the slaughterhouse, the pigs referred to in Article 5(2)(a) and (b) are
kept and slaughtered separately from other pigs, not complying with the
provisions of Article 5(2) so that any direct or indirect contact is prevented.
Section B
Specific provisions for pigs referred to in Article 5(2)(b)
1. The holding of origin of the pigs referred to in Article 5(2)(b) shall comply
with the following:
(a) be located at least 10 km distant from any outbreak of African swine fever
which has occurred in the three months prior to the date of transport to
the slaughterhouse of the pigs referred to in Article 5(2)(b);
(b) be located in a province where a plan for the surveillance and prevention
of African swine fever is in place under the supervision of the competent
authority and where monitoring and prevention measures have been
regularly applied accordingly;
(c) no pigs have been introduced into the holding during the 30 days prior to
the date of transport to the slaughterhouse of the pigs referred to in Article
5(2)(b);
(d) be approved by the competent veterinary authority for the purpose in this
point.
2. The pigs referred to in Article 5(2)(b) shall be transported from the holding of
origin referred to in point 1 of this Section to a slaughterhouse subject to the
following conditions:
(a) an official veterinarian has carried out the following:
(i) the checking and sampling procedures set out in Chapter IV, D of the
Annex to Commission Decision 2003/422/EC (1); the derogation on
the sampling of the pigs set out in point 6 of that Chapter IV, D
shall apply mutatis mutandis ; and
(ii) a check of the register and the pig identification marks provided for in
Articles 4 and 5 of Council Directive 92/102/EEC (2);
(b) the checking and sampling procedures referred to in point (a) have shown
no evidence of African swine fever and the check referred to in that point
shows compliance with Articles 4 and 5 of Directive 92/102/EEC;
(c) the vehicles used for the transport of the pigs referred to in Article 5(2)(b)
were cleansed and disinfected in accordance with Article 12 of Directive
2002/60/EC and sealed by the competent authority prior to the transport;
(d) the competent authority responsible for the slaughterhouse is informed of
the intention to send the pigs referred to in Article 5(2)(b) and that
authority notifies the competent authority responsible for the holding of
origin of their arrival.
3. During ante andpost mortem inspection carried out at the slaughterhouse, the
competent authority takes into account any signs of the presence of African
swine fever.2005D0363 —EN—05.05.2005 —000.001 —8
(1) OJ L 143, 11.6.2003, p. 35.
(2) OJ L 355, 5.12.1992, p. 32.
▼B
ANNEX III
to Commission Decision 2005/363/EC
2005D0363 —EN—05.05.2005 —000.001 —9
▼C1
ANNEX IV
to Commission Decision 2005/363/EC
2005D0363 —EN—05.05.2005 —000.001 —10