No C 203/8 Official Journal of the European Communities 12.8.86 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Decision introducing a Community financial measure for the eradication 
of African swine fever in Portugal 
COM(86) 392 final 
(Submitted by the Commission to the Council on 28 July 1986) 
(86/C 203/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esablishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas African swine fever has been present in 
Portugal for many years; 
Whereas, in order to prevent the disease from spreading 
to its territory, the Community granted financial support 
for a period of five years by means of Council Decision 
80/877/EEC of 15 September 1980 on financial aid 
from the Community for the eradication of African 
swine fever in Portugal ('); 
Whereas the Act of Accession of Spain and Portugal 
specifically provides for the continuation and 
intensification of the measures against African swine 
fever carried out by the Republic of Portugal; 
Whereas the efforts already made have served to 
stabilize the incidence of the disease; whereas the 
resources deployed must, however, be maintained and 
reinforced in order to eradicate African swine fever from 
the entire territory of Portugal and thus contribute to the 
establishment of the internal market; 
Whereas the Portuguese authorities have appealed to the 
Community for a contribution towards the expenditure 
involved in the continuation and reinforcement of the 
eradication programme undertaken in 1981; 
0) OJ No L 250, 23. 9. 1980, p. 12. Whereas, in order to benefit from the results obtained, 
this request should be granted so that the systematic 
action already undertaken can be maintained and 
consolidated; 
Whereas the reinforced eradication plan must include 
measures ensuring the effectiveness of the action 
undertaken; whereas a procedure closely associating the 
Member States and the Commission should be 
introduced by means of which such measures can firstly 
be adopted and secondly adapted as the situation 
develops; 
Whereas the Member States should be kept regularly 
informed of the progress of the measures undertaken, 
HAS ADOPTED THIS DECISION: 
Article 1 
Portugal shall draw up a reinforced plan for the 
eradication of African swine fever and the restructuring 
of pig farms so as to protect the health of their livestock. 
Article 2 
The plan referred to in Article 1 must provide for: 
1. Measures to eliminate outbreaks of African swine 
fever, and more particularly: 
(a) the immediate slaughter and destruction of all 
pigs on those holdings where a case of African 
swine fever is diagnosed and on those holdings 
which, as a result of an epizootiological 
investigation, can be considered as contaminated. 
Slaughter and destruction shall be effected in such 
a way as to avoid any danger of spreading the 
virus; 
(b) the cleansing and disinfection of, and elimination 
of insect and rodent pests from, holdings after the 
elimination of the pigs; 
(c) immediate and adequate compensation for the 
owners of holdings whose pigs have been 
slaughtered in accordance with (a); 
12.8.86 Official Journal of the European Communities No C 203-/9 
(d) a delay before restocking of holdings, the 
duration of such delay being at least one month 
after slaughter and the completion of the 
operations provided for in paragraph (b) for 
holdings operating in enclosed premises and at 
least three months for other holdings; 
(e) the gradual restocking of holdings by the prior 
introduction of 'sentinel' pigs, the absence of 
African swine fever antibodies from which has 
been checked prior to their entry and again one 
month later; 
(f) continuous serological surveillance of holdings 
until they are fully restocked. 
2. Measures for the control of pig farms and the 
establishment of zones free from African swine fever, 
and in particular: 
(a) serological testing by representative sampling of 
all pigs farms in each region of production. 
However, the following rules shall apply in the 
special cases described below: 
— in the case of breeding farms, multiplication 
farms or mixed closed-circuit farms, all 
breeding sows and sows intended for breeding 
must be subjected to serological investigation, 
— in the case of mixed farms receiving pigs from 
external sources, if no clear separation exists 
between the breeding unit and the pig 
fattening unit, all the pigs on the holding must 
be subjected to serological investigation; 
(b) systematic serological investigation on all farms 
where one or more animals have reacted 
positively to the serological test provided for in 
(a) and the continuation of this investigation until 
all positive animals are eliminated; 
(c) an epizootiological investigation to identify the 
farms on which pigs reacting positively to sero­
logical tests originate and systematic serological 
investigation on such farms: 
(d) elimination by slaughter and destruction of all 
animals reacting positively to serological tests 
following measures provided for in (a), (b) and 
(c); 
(e) immediate and adequate compensation for owners 
of pigs slaughtered and destroyed in accordance 
with (d); 
(f) health protection measures on farms where pigs 
react negatively to serological tests. More parti­
cularly such protection must entail: — the application of health measures with regard 
to any person entering the farm, 
— arrangements for the disinfection of any 
vehicle having to enter the farm, 
— the installation of safety gates for the delivery 
of feedingstuffs and various supplies, 
— the installation of safety gates for the removal 
of pigs; 
(g) the implementation of health measures in respect 
of all animals entering the farm for the purposes 
of breeding or fattening. More particularly these 
measures must entail: 
— an obligation to acquire animals from a farm 
presenting the same assurances, 
— serological investigation of all breeding pigs, 
— monitoring of breeding pigs before their entry 
into the production cycle; 
(h) establishment of criteria for the recognition of 
holdings free of African swine fever. The criteria 
must include at least the following: 
— absence of clinical disease on the holding for 
at least one year, 
— absence of clinical disease within a radius of 
two kilometres around the holding for at least 
one year, 
— execution of the serological operations 
provided for in (a), (b) and (c); 
(i) clearly distinguishable marking of all pigs on 
holdings recognized as free of African swine 
fever; 
3. Measures to create regions free of African swine 
fever, entailing more particularly: 
(a) the establishment of a system of identifying all 
pigs on the national territory so that the region 
and holding of origin can be traced at any time; 
(b) the registration of all holdings enganged in pig 
farming, specifying the type of production, their 
position with regard to African swine fever and 
the size of their stock; 
(c) the monitoring of stock of holdings by the intro­
duction of a pig-farming register or file recording 
in particular entries of pigs to the holding and 
their origin, exit of pigs and their destination, 
mortality and the causes thereof; 
No C 203/10 Official Journal of the European Communities 12. 8. 86 
(d) the monitoring of movements of pigs within a 
region or between regions irrespective of their 
origin and destination by regional bodies 
established for that purpose; 
(e) a general ban on the entry of live pigs originating 
in a region which does not have the same health 
status; 
(f) the promotion of regional groups of farmers to 
combat African swine fever so as to engender 
more effective cooperation with the technical and 
administrative departments and voluntary control 
over the application of the plan; 
(g) serological testing by sampling of pigs at the time 
of their slaughter; — obligation to transport fattened pigs direct to 
the slaughterhouse, 
— serological testing of all pigs fattened on 
grazing land both before they are turned out 
and at the time of slaughter, 
— where the result of serological testing is 
positive, seizure and destruction of the 
carcases in question and a ban on the use of 
the grazing land of origin for the fattening of 
Pigs, 
— serological testing of all wild swine 
slaughtered in the region concerned; 
National and regional protection measures, entailing 
more particularly: 
(a) control and destruction of all waste from inter­
national means of transport; 
(h) serological testing by sampling of slaughtered wild 
swine; (b) control of all scraps and swill from kitchens and 
industries using pigmeat; 
4. Measures to restructure pig farms in order to ensure 
greater health protection and prevent the spread of 
the disease, entailing more particularly: 
(a) adaptation of existing piggeries so as to ensure 
effective health protection. Such adaptations must 
entail: 
— protective installations for the entry of vehicles 
and persons and safety gates for deliveries of 
feedingstuffs and various supplies, 
— safety gates for the delivery or removal of live 
pigs; 
(b) encouragement for the replacement of traditional 
farms by closed-circuit farms with clear and 
effective separation between the breeding unit and 
the fattening unit; (c) ban on the use for feeding to pigs of scraps and 
swill from kitchens and industries using pigmeat. 
However, the competent authorities may 
authorize the use of scraps for feeding in specially 
designated farms where there are only fattening 
pigs provided that these scraps are collected and 
treated in specialized establishments under official 
control; 
(d) obligation to slaughter pigs in slaugherhouses 
under permanent veterinary control. 
Article 3 
After examination of the plan submitted by the 
Portuguese authorities and of any amendments to be 
made thereto, the Commission shall decide, in 
accordance with the procedure laid down in Article 9, 
whether or not to approve it. 
(c) for fattening farms, the establishment of systems 
for the supply of piglets requiring the direct trans­
portation of animals from recognized multi­
plication farms to the fattening farm; The Committee of the European Agricultural Guidance 
and Guarantee Fund shall be consulted on the financial 
aspects and the Standing Committee on Structure on the 
structural aspects of the. plan. 
(d) in the case of farms continuing to use grazing 
land in certain regions where this practice cannot 
be abandoned: 
— the establishment of closed and protected 
housing for breeding stock and their piglets, 
— establishment of enclosed and protected runs 
for sows and fattening piglets until the latters' 
departure to the grazing land, 
— prohibition on the return of fattening pigs 
from grazing land to the breeding unit, Article 4 
The measure provided for in this Decision shall qualify 
for financial aid from the Community. 
Article 5 
1. Community financial assistance shall be granted for 
a period of five years from the date fixed by the 
Commission in its Decision approving the plan referred 
to in Article 1. 
12.8.86 Official Journal of the European Communities No C 203/11 
2. The estimated assistance to be charged to the 
Community budget under the chapter covering 
expenditure relating to agriculture shall be 10 million 
ECU for the duration of the measure provided for in 
paragraph 1. 
Article 6 
1. On condition that all the measures laid down are 
applied and are in compliance with the plan approved by 
the Commission pursuant to Article 3, the expenditure 
incurred by Portugal: 
— under Article 2 (1) (a), (b), (c), (e) and (f), (2) (a), 
(b), (c), (d) and (e), (3) (d), (f), (g) and (h) and the 
last three indents of (4) (d), 
— under Article 2 (3) (c) and (4) (a), (b), (c) and the 
first two indents of (d), 
shall qualify for Community financial aid within the 
limits laid down in Article 5. 
2. The Community shall refund 50 % of the 
expenditure referred to in the first indent of paragraph 1 
and 30 % of the expenditure referred to in the second 
indent of paragraph 1. 
3. Detailed rules for the application of this Article 
shall be adopted, as required in accordance with the 
procedure laid down in Article 13 of Regulation (EEC) 
No 729/70 0). 
Article 7 
1. Applications for payment shall relate to expenditure 
incurred by Portugal during the calendar year and shall 
be submitted to the Commission before 1 July of the 
following year. 
2. Article 7 (1) of Regulation (EEC) No 729/70 shall 
apply to the decisions adopted by the Commission 
relating to the financing of this measure by the 
Community. 
3. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 13 of Regulation (EEC) No 729/70. 
Article 8 
Regulation (EEC) No 129/78 (2) and Articles 8 and 9 of 
Regulation (EEC) No 729/70 shall apply mutatis 
mutandis. 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 his own initiative or at the 
request of a Member State, to the Standing Veterinary 
Committee (hereinafter called the 'Committee') set up by 
Decision 68/361/EEC (3). 
2. Within the Committee, the votes of Member States 
shall be weighted as laid down in Article 148 (2) of the 
Treaty. The chairman shall not vote. 
3. The representative of the Commission shall submit 
a draft of the measures to be adopted. The Committee 
shall deliver its opinion on such measures within the time 
limit set by the chairman according to the urgency of the 
matters under consideration. Opinions shall be "delivered 
by a qualified majority of 54 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 the Committee, or if 
no opinion is delivered, the Commission shall without 
delay propose to the Council the measures to be taken. 
The Council shall adopt the measures by a qualified 
majority. 
If, within three months from the date on which the 
proposal was submitted to it, the Council has not 
adopted any measures, the Commission shall adopt the 
proposed measures and shall apply them immediately. 
Article 10 
1. The Commission shall monitor the situation with 
regard to African swine fever in Portugal and the 
implementation of the eradication plan. The Commission 
shall inform the Member States within the Committee of 
developments, regularly, at least once a year, in the light 
of the information provided by the Portuguese auth­
orities, who shall submit a progress report to the 
Commission together with the applications for payment, 
and any reports from experts who, acting on behalf of 
the Community and appointed by the Commission, have 
visited Portugal. 
2. Should the need arise to amend the eradication 
plan in the course of its execution, a new decision 
approving it shall be taken in accordance with the 
procedure laid down in Article 9. 
Article 11 
This Decision is addressed to the Portuguese Republic. 
0) OJ No L 94, 28. 4. 1970, p. 13. 
O OJ No L 20, 25. 1. 1978, p. 16. O OJ No L 255, 18. 10. 1968, p. 23.