WRITTEN QUESTION P-1603/97 by Jan Sonneveld (PPE) to the Commission (5 May 1997)

Subject: Netherlands buy-up rules for 2-week old piglets and impact on sow welfare

The Netherlands Agriculture Ministry proposes, in response to overcrowding on pig farms caused by swine fever outbreaks in the Netherlands province of North Brabant, to buy up piglets at two weeks old. This will, however, have an adverse impact on the welfare of sows. For reasons of animal welfare it is laid down in Netherlands legislation that piglets should not be separated from sows at earlier than three weeks.

1. Is the Commission aware of alternative means of reducing overcrowding on pig farms in the restricted areas within a few weeks?

2. Does the Commission take the view that removing piglets from the sow at less than three weeks after farrowing is unacceptable in animal welfare terms?

3. Where does the Netherlands decision stand in relation to EU rules and regulations? Will the Commission make representations to the Netherlands on possible conflicts?

4. Is the Commission contributing financially to this arrangement? Is the Commission prepared to use financial support mechanisms to induce the Netherlands to confine itself to more acceptable forms of intervention?

5. Would a policy of preventive vaccination with marker vaccine not be preferable to the policy of buying-up piglets?

6. Is this problem unique to the Netherlands or have other Member States already had to confront similar problems? What position did the Commission take in such cases?

7. Is there a central reporting agency to which possible violations of European animal welfare rules can be referred?

Answer given by Mr Fischler on behalf of the Commission (10 June 1997)

1. The control measures to be applied by Member States in the event an outbreak of classical swine fever is confirmed are laid down in Council Directive 80/217/EEC ((OJ L 47, 21.1.1980. )) introducing Community measures for the control of classical swine fever which require stamping-out of infected herds, epidemiological investigations to detect the source of infection and potential spread of virus from the infected herd, and the establishment of movement restrictions. The movement restrictions shall apply to a protection zone with a minimum radius of 3 km around the outbreak site and to a surveillance zone with a minimum radius of 10 km. The objective of these restrictions is to prevent spread of the virus in pigs which may incubate classical swine fever but not show clinical signs of disease.

The problem of overcrowding on pig holdings situated within established protection and surveillance zones is taken into account by the provisions of the Directive. A ban on movement of pigs is introduced immediately following confirmation of classical swine fever and the ban remains in force in the protection zone for a period of 21 days from the day of the completion of the preliminary cleaning and disinfection of the inspected holding. In the surveillance zone the ban on movement lasts 7 days.

Following these initial prohibitions on movements it is possible to move pigs to reduce or avoid overcrowding. Any movement carried out shall be subject to certain conditions which are specified by Directive 80/217/EEC. The pig husbandry pattern in the area around an outbreak site will influence movement options.

2. If piglets must be removed from the sow before the age of three weeks, it is the best for the health and welfare of the sow to remove them as soon as possible after birth. Sows from which piglets are removed within 14 days after birth may take longer to come into oestrus than in normal circumstances but there is no reason to suppose that this is a permanent problem.

3. The special buy-out measure in the Netherlands for two week old piglets does not contravene Community legislation on animal health, as long as the sanitary measures for the killing and removal of dead piglets from holdings provided in the swine fever control Directive are applied.

Council Directive 91/630/EEC ((OJ L 340, 11.12.1991. )) laying down minimum standards for the protection of pigs requires a minimum weaning age of three weeks. The proposed measures however to kill piglets at an early age are a consequence of disease control measures and cannot be considered as weaning practices. The proposed measure therefore does not contravene Council Directive 91/630/EEC.

In Regulation (EC) No 413/97 ((OJ L 62, 4.3.1997. )) on exceptional support measures for the market in pigmeat in the Netherlands, the intake of very young piglets at an age of two weeks was not provided in the beginning of this scheme.

The Dutch authorities have recently addressed a request to the Commission to include those animals in the buying-in scheme provided by Regulation (EC) No 413/97. The Commission sees positive elements in this request, because in view of the possible continuation of the disease, this change will allow a reduction of the costs for these measures and will alleviate the capacity problems in the rendering industry.

The management committee for pigmeat on 5 May 1997 gave a positive opinion on the necessary amendment to Regulation (EC) No 413/97.

4. In view of the fact that the intake of very young piglets is included now in the buying-in scheme of Regulation (EC) No 413/97, the Community budget will pay 70% of the costs.

5. No marker vaccine against classical swine fever has yet obtained a marketing authorization within the framework of the Community legislation laid down in Council Directive 90/677/EEC ((OJ L 363, 27.12.1990. )). This means that data is not publicly available on the potency, innocuity and safety of such a vaccine. The Commission is aware of that attempts are being made to produce a marker vaccine and an accompanying diagnostic test. As for any type of vaccine, it is likely that classical swine fever marker vaccines would not have 100 % efficacy in all pigs and that animals vaccinated whilst already incubating disease may not be protected and would be likely to shed virus. When reviewing whether it is preferable to vaccinate or not, it should be kept in mind that in 1990 the non-vaccination policy was adopted with the goal of a high health status throughout the Community and to facilitate free movement of live pigs, pig meat and other products originating from pigs. Experience has shown that the non-vaccination policy works extremely well in most Member States. It has, however also shown that eradication of classical swine fever can be very costly in an area with a high density of pigs unless rapid in-depth epidemiological investigations and effective eradication measures are enforced immediately at the time the virus enters the area or at the time the primary outbreak is detected. The provisions of Council Directive 80/217/EEC governing the control and eradication of classical swine fever do not foresee a return to vaccination as applied by some Member States in the 1970s and early 1980s, but contain provisions for emergency vaccination following a Commission decision. It is anticipated that a Member State which might make a request for an emergency vaccination based on the use of a conventional or marker vaccine would study the advantages and disadvantages of such a vaccination for a specified pig population or area and then decide whether vaccination would be preferable or not.

6. Until now, no other Member State has requested the inclusion of very young piglets in the exceptional market support measures. However, the extent of the current outbreak of classical swine fever in the Netherlands is the most serious ever seen in the Community. It is therefore justifiable to examine new measures and methods.

7. Member States are primarily responsible for the enforcement of the rules governing the welfare of farm animals laid down in Community legislation. Cases where it is alleged that a Member State is failing to observe its responsibility may however be referred to the Commission as complaints.