98/104/EC: Commission Decision of 28 January 1998 concerning certain protection measures relating to classical swine fever in Germany (Text with EEA relevance)
Date: 1998-01-28
Institutions: European Commission
Subjects: Germany, animal plague, disease prevention, health legislation, swine, veterinary legislation

L 25/98

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Official Journal of the European Communities

31. 1. 98

COMMISSION DECISION

of 28 January 1998

concerning certain protection measures relating to classical swine fever in
Germany

(Text with EEA relevance)

(98/104/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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), as last amended by Directive
92/118/EEC (2) and,
in particular, Article 10(4) thereof,

Whereas outbreaks of classical swine fever have occurred
in Germany;

Whereas there is evidence that
in Germany classical
swine fever has spread from the infected feral pig popula-
tion to domestic pig holdings;

Whereas in view of the trade in live pigs, semen, embryos
and ova, these outbreaks and the infection in the feral pig
population are liable to endanger the herds of other
Member States;

Whereas Germany has taken measures within the frame-
work of Council Directive 80/217/EEC of 22 January
1980, introducing Community measures for the control of
classical swine fever (3), as last amended by the Act of
Accession of Austria, Finland and Sweden;

Whereas the epidemiological situation is not completely
clear; whereas therefore certain special movement control
measures are necessary;

Whereas, since it is possible to identify geographically
areas which present a particular risk, the restrictions on
trade can apply on a regional basis;

in order to prevent

Whereas, however,
the spread of
disease to other parts of its territory, it is necessary that
Germany should introduce appropriate measures of an
equivalent level;

Whereas pig embryos and ova in accordance with the
provisions of Annex IV of Council Directive 92/65/EEC
of 13 July 1992 laying down animal health requirements
into the Community of
governing trade in imports
animals, semen, ova and embryos not subject to animal
health requirements laid down in specific Community
rules referred to in Annex A(1)
to Directive 90/425/
EEC (4),
amended by Commission Decision

last

as

95/176/EC (5), are subject to the same restrictions as live
from Germany to
pigs and therefore their movement
other Member States is subject
to certain protection
measures;

Whereas with Commission Decision 96/552/EC (6)
the
plan presented by Germany for the eradication of classical
swine fever in feral pigs in Brandenburg and Mecklen-
burg-Western Pomerania was approved by the Commis-
sion;

Whereas the plan presented by Germany for the eradica-
tion of classical swine fever in feral pigs in Lower Saxony
was examined by the Standing Veterinary Committee on
4 and 5 November 1997;

it

Whereas
is deemed necessary to apply additional
measures to prevent the spread of classical swine fever
from the areas of Germany where the disease is present in
the feral pig population;

Whereas the measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

HAS ADOPTED THIS DECISION:

Article 1

1.
Germany shall not send pigs to other Member States
unless the pigs come from an area outside the areas
described in the Annex.

send pigs

Germany shall not

2.
from the areas
described in the Annex to other parts of its territory,
unless they are for direct slaughter and are slaughtered at
slaughterhouses in Germany designated by the competent
veterinary authorities. The means of transport shall be
officially sealed.

Article 2

Germany shall not send to other Member States porcine
semen unless the semen originates from boars kept at a
collection centre referred to in Article 3(a) of Council
Directive 90/429/EEC (7) and situated outside the areas
described in the Annex.

(1) OJ L 224, 18. 8. 1990, p. 29.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 47, 21. 2. 1980, p. 11.
(4) OJ L 268, 14. 9. 1992, p. 54.

(5) OJ L 117, 24. 5. 1995, p. 23.
(6) OJ L 240, 20. 9. 1996, p. 13.
(7) OJ L 224, 18. 8. 1990, p. 62.

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Article 3

The Health certificate provided for

1.
in Council
Directive 64/432/EEC (1) accompanying pigs sent to other
Member States from the areas of Germany not listed in
the Annex must be completed by the following:

‘Animals in accordance with Commission Decision
98/104/EC of 28 January 1998 concerning certain
protection measures relating to Classical Swine Fever
in Germany’.

The Health certificate provided for

2.
90/429/EEC accompanying boar
Germany must be completed by the following:

semen sent

in Directive
from

‘Semen in accordance with Commission Decision
98/104/EC of 28 January 1998 concerning certain
protection measures relating to Classical Swine Fever
in Germany’.

Article 4

Germany shall ensure that vehicles which have been used
for the transport of pigs are cleaned and disinfected after
each operation and the transporter shall furnish proof of
such disinfection.

Article 5

Germany will

submit amended programmes

1.
for
eradication of classical swine fever in feral pigs in Meck-
lenburg-Western Pomerania, Lower Saxony and Branden-
burg to the Commission before 14 February 1998.

— the restrictions of the movements of pigs from pig
holdings located in the defined infected and monit-
oring areas to any other destination.

3.
The amended programmes will be examined by the
Commission and the Community reference laboratory for
classical swine fever and presented for approval at the
meeting of the Standing Veterinary Committee scheduled
for 17 and 18 February 1998.

Article 6

This Decision shall be reviewed before 20 February 1998.

Article 7

The Member States shall amend the measures they apply
to trade so as to bring them into compliance with this
Decision. They shall immediately inform the Commis-
sion thereof.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 28 January 1998.

2.

The amendments will concern:

— the identification of monitoring areas surrounding the

defined infected areas,

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ 121, 29. 7. 1964, p. 1977/64.

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ANEXO — BILAG — ANHANG — PAQAQTGLA — ANNEX — ANNEXE — ALLEGATO —
BIJLAGE — ANEXO — LIITE — BILAGA

KREISE (LAND MECKLENBURG-VORPOMMERN)

Nordwestmecklenburg
Parchim
Bad Doberan
G(cid:129)strow
M(cid:129)ritz
Nordvorpommern
Demmin
Mecklenburg-Strelitz

KREISFREIE ST(cid:142)DTE (LAND MECKLENBURG-VORPOMMERN)

Neubrandenburg, Stadt
Rostock, Hansestadt
Schwerin, Landeshauptstadt
Stralsund, Hansestadt
Wismar, Hansestadt