2002/383/EC: Commission Decision of 23 May 2002 concerning certain protection measures relating to classical swine fever in France, Germany and Luxemburg and repealing Decision 2002/302/EC (Text with EEA relevance) (notified under document number C(2002) 1920)
Date: 2002-05-23
Institutions: European Commission
Subjects: France, Germany, Luxembourg, animal plague, health certificate, health control, meat processing industry, swine, veterinary inspection

L 136/22

EN

Official Journal of the European Communities

24.5.2002

COMMISSION DECISION

of 23 May 2002

concerning certain protection measures relating to classical swine fever in France, Germany and
Luxemburg and repealing Decision 2002/302/EC

(notified under document number C(2002) 1920)

(Text with EEA relevance)

(2002/383/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 Council Directive 92/118/EEC (2) and, in partic-
ular, Article 10(4) thereof,

Having regard to Council Directive 2001/89/EC of 23 October
2001 on Community measures for the control of classical
swine fever (3), and,

in particular Article 29(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

Outbreaks of classical swine fever have occurred in pig
holdings located in certain bordering areas of France,
Germany and Luxembourg, where this disease also
occurs in the feral pigs.

In view of the trade in live pigs, these outbreaks are
liable to endanger the herds of other parts of
the
Community.

France, Luxembourg and Germany have taken measures
within the framework of Directive 2001/89/EC.

The Commission has adopted: (i) Decision 1999/335/EC
of 7 May 1999 approving the plans presented by
Germany for the eradication of classical swine fever in
feral pigs in Baden Württemberg and Rhineland-Palati-
nate (4); (ii) Decision 2002/161/EC of 22 February 2002
approving the plans submitted by Germany for the erad-
ication of classical swine fever in feral pigs in Saarland
and the emergency vaccination against classical swine
fever in feral pigs in Rhineland-Palatinate and Saar-
land (5); (iii) Decision 2002/181/EC of 28 February 2002
approving the plan presented by Luxembourg for the
eradication of classical swine fever in feral pigs in certain
areas of Luxembourg (6) and (iv) Decision 2002/302/EC

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 316, 1.12.2001, p. 5.
(4) OJ L 126, 20.5.1999, p. 21.
(5) OJ L 53, 23.2.2002, p. 43.
(6) OJ L 61, 2.3.2002, p. 54.

of 18 April 2002 concerning certain protection meas-
ures relating to classical swine fever in Germany (7).

In relation to the recent confirmation of classical swine
fever in feral pigs in Moselle in France and in North
Rhine-Westfalia in Germany, France and Germany shall
submit a plan for the eradication of the disease from the
feral pig population.

In the light of the tendency of disease to spread further
in the feral pig population and the repeated outbreaks
occurred in domestic pig holdings, despite the measures
so far adopted, it is necessary to take further measures
for the control of classical swine fever in the whole zone
some
concerned by
bordering areas of France, Luxembourg and Germany.

the disease, which includes

For the sake of clarity these measures should be laid
down in a single Decision. Decision 2002/302/EEC
should therefore be repealed.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

France, Luxembourg and Germany shall ensure that no

1.
pigs are dispatched unless the pigs:

(a) come from an area outside the areas described in the

Annex, and

(b) come from a holding where no live pigs proceeding from
the areas described in the Annex have been introduced
during the 30 day period immediately prior to the dispatch
of the pigs in question.

2.
Transit of pigs dispatched to other Member States
through the areas described in the Annex may only occur via
major roads or railways, without any stopping of the vehicle.

(7) OJ L 103, 19.4.2002, p. 28.

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L 136/23

Article 2

the Annex are cleaned and disinfected after each operation and
the transporter shall furnish proof of such disinfection.

1.
France, Germany and Luxembourg shall ensure that no
consignments of porcine semen are dispatched unless the
semen originates from boars kept at a collection centre referred
to in Article 3(a) of Council Directive 90/429/EEC (1) and situ-
ated outside the areas described in the Annex.

2.
France, Germany and Luxembourg shall ensure that no
consignments of ova and embryos of swine are dispatched
unless the ova and embryos originate from swine kept at a
holding situated outside the areas described in the Annex.

Article 3

1.
The health certificate provided for in Council Directive
64/432/EEC (2) accompanying pigs dispatched from France,
completed by the
Germany and Luxembourg must be
following:

‘Animals in accordance with Commission Decision 2002/
383/EC of 23 May 2002 concerning certain protection
in France,
measures
Germany and Luxemburg and repealing Decision 2002/
302/EC.’

relating to classical

swine fever

The health certificate provided for in Council Directive
2.
90/429/EEC accompanying boar
semen dispatched from
France, Germany and Luxembourg must be completed by the
following:

‘Semen in accordance with Commission Decision 2002/
383/EC of 23 May 2002 concerning certain protection
measures
in France,
Germany and Luxemburg and repealing Decision 2002/
302/EC.’

relating to classical

swine fever

The health certificate provided for

3.
in Commission
Decision 95/483/EEC (3) accompanying embryos and ova of
swine dispatched from France, Germany and Luxembourg must
be completed by the following:

‘Embryos/ova (4) in accordance with Commission Decision
2002/383/EC of 23 May 2002 concerning certain protec-
tion measures relating to classical swine fever in France,
Germany and Luxemburg and repealing Decision 2002/
302/EC.’

Article 4

1.
France, Germany and Luxembourg shall ensure that the
provisions laid down in Council Directive 2001/89/EC, Article
15(b), second,
fifth, sixth and seventh indents are
applied in the pig holdings located within the areas described
in the Annex.

fourth,

2.
France, Germany and Luxembourg shall ensure that
vehicles which have been used for the transport of pigs
proceeding from holdings located within the areas described in

(1) OJ L 224, 18.8.1990, p. 62.
(2) OJ 121, 29.7.1964, p. 1977/64.
(3) OJ L 275, 18.11.1995, p. 30.
(4) Delete as appropriate.

Article 5

1.
By way of derogation from Article 1(1) and subject to the
approval of the Member State of destination, France, Germany
and Luxembourg may
the dispatch of pigs
authorise
proceeding from holdings located within the areas described in
the Annex to other holdings or slaughterhouses located within
the areas described in the Annex of another Member State
provided that the pigs come from a holding where:

(a) no live pigs have been introduced during the 30 day period
immediately prior to the dispatch of the pigs in question;

(b) a clinical examination for classical swine fever has been
carried out by an official veterinarian in accordance with
the checking procedure laid down in chapter 4A(2), first
subparagraph, D(1), D(2) and D(3) of
the Annex to
Commission Decision 2002/106/EC (5); and

(c) serological tests for classical swine fever have been carried
out with negative results on samples collected from the
group of pigs to be moved during the seven-day period
immediately prior to their dispatch. The minimum number
of pigs to be sampled must allow for the detection of 10 %
seroprevalence with 95 % confidence in the group of pigs
in question.

The provisions laid down in (c) above shall not apply in case of
pigs directly sent to slaughterhouses for immediate slaughter.

2. When dispatching the pigs referred to in paragraph 1,
France, Germany and Luxembourg shall ensure that the health
certificate referred to in Article 3(1) shall
include additional
information concerning the dates of the clinical examination,
sampling and testing, the number of samples tested, the type of
test used and the results of the test.

Article 6

1.
France, Germany and Luxembourg may allow the move-
ments of pigs proceeding from holdings located within the
areas described in the Annex and dispatched to other areas in
the same Member State, only from holdings where clinical
examination and serological tests for classical swine fever have
been carried out with negative results, in accordance with the
provisions of Article 5(1).

France, Germany and Luxembourg shall

2.
inform the
Commission and the Member States in the framework of the
Standing Committee on the Food Chain and Animal Health on
the results of
the serosurveillance for classical swine fever
carried out in the areas described in the Annex.

Article 7

Decision 2002/302/EC is hereby repealed.

(5) OJ L 39, 9.2.2002, p. 71.

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Article 8

This Decision shall be reviewed before 20 June 2002. It is
applicable until 30 June 2002.

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

This Decision is addressed to the Member States.

Article 10

Done at Brussels, 23 May 2002.

Article 9

This Decision shall apply without prejudice to Decisions 1999/
335/EC, 2002/161/EC and 2002/181/EC.

For the Commission

David BYRNE

Member of the Commission

ANNEX

France:

— the territory of the departments Moselle and Meurthe-et-Moselle.

Germany:

— The whole territory of Rhineland-Palatinate, except those areas located eastern of the river Rhine,

— in Saarland: in the Kreise Merzig-Wadern: Mettlach, Merzig, Beckingen, Losheim, Weiskirchen,
Wadern; in the Kreis Saarlouis: Dillingen, Bous, Ensdorf, Schwalbach, Saarwellingen, Nalbach,
Lebach, Schmelz, Saarlouis; In the Kreis Sankt Wendel: Nonnweiler, Nohfelden, Tholey,

— the following areas of North Rhine-Westfalia: the Gemeinde of Dahlem, Blankenheim, Bad

Muenstereifel and Stadt Euskirchen.

Luxembourg:

— the parts of the territory of Luxembourg located east of the A3 motorway (from the border with
France to the city of Luxembourg) and the roads N7 and N9 (from the city of Luxembourg to
Ettelbrück) and then southern of the roads B7 and N19 (from Ettelbrück to the border with
Germany).