2002/1009/EC: Commission Decision of 27 December 2002 concerning protection measures relating to classical swine fever in Belgium, France, Germany and Luxembourg (Text with EEA relevance) (notified under document number C(2002) 5359)
Date: 2002-12-27
Institutions: European Commission
Subjects: Belgium, France, Germany, Luxembourg, animal plague, health certificate, health control, meat processing industry, swine, veterinary inspection

L 351/112

EN

Official Journal of the European Communities

28.12.2002

COMMISSION

COMMISSION DECISION

of 27 December 2002

concerning protection measures relating to classical swine fever in Belgium, France, Germany and
Luxembourg

(notified under document number C(2002) 5359)

(Text with EEA relevance)

(2002/1009/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 2002/33/EC of the European Parliament
and of the Council (2), and, in particular Article 10(4) thereof,

Whereas:

(1)

In relation to classical swine fever in certain bordering
parts of France, Germany and Luxembourg, the Commis-
sion has adopted Decision 1999/335/EC of 7 May 1999
approving the plans presented by Germany for the eradi-
cation of classical swine fever in feral pigs in Baden
and Rhineland-Palatinate (3); Decision
Württemberg
2002/161/EC of 22 February 2002 approving the plans
submitted by Germany for the eradication of classical
swine fever in feral pigs in Saarland and the emergency
vaccination against classical swine fever in feral pigs in
Rhineland-Pfalz and Saarland (4), as last amended by
Decision 2002/791/EC (5); Decision 2002/181/EC of 28
February 2002 approving the plan presented by Luxem-
bourg for the eradication of classical swine fever in feral
pigs in certain areas of Luxembourg (6); Decision 2002/
626/EC of 25 July 2002 approving the plan submitted
by France for the eradication of classical swine fever
from feral pigs in Moselle and Meurthe-et-Moselle (7),
and Decision 2002/383/EC of 23 May 2002 concerning
certain protection measures relating to classical swine

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 126, 20.5.1999, p. 21.
(4) OJ L 53, 23.2.2002, p. 43.
(5) OJ L 274, 11.10.2002, p. 40.
(6) OJ L 61, 2.3.2002, p. 54.
(7) OJ L 200, 30.7.2002, p. 37.

fever in France, Germany and Luxembourg and repealing
Decision 2002/302/EC (8), as last amended by Decision
2002/839/EC (9).

Classical swine fever has recently been confirmed in feral
pigs in Belgium, close to the Belgian border with
Germany.

Belgium has taken measures to combat classical swine
fever within the framework of Council Directive 2001/
89/EC of 23 October 2001 on Community measures for
the control of classical swine fever (10).

In the light of the evolution of the epidemiological situa-
tion it is appropriate to apply the measures provided for
in Decision 2002/383/EC in the concerned areas of
Belgium.

For the sake of clarity, Decision 2002/383/EC should be
repealed and a new Decision adopted.

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

(2)

(3)

(4)

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply without prejudice to the plans
submitted by the Member States and approved by the Commis-
sion by Decisions 1999/335/EC, 2002/161/EC, 2002/181/EC
and 2002/626/EC.

(8) OJ L 136, 24.5.2002, p. 22.
(9) OJ L 287, 25.10.2002, p. 39.
(10) OJ L 316, 1.12.2001, p. 5.

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Article 2

dispatched from Belgium, France, Germany and Luxembourg
shall be completed by the following:

1.
Belgium, France, Luxembourg and Germany (hereinafter:
‘the Member States concerned’) shall ensure that no 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.
The Member States concerned shall ensure that the transit
of pigs through the areas described in the Annex only takes
place on major roads or railways, without any stops by the
vehicle transporting the pigs.

Article 3

1.
The Member States concerned 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.
The Member States concerned 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 4

The health certificate provided for in Council Directive
1.
64/432/EEC (2)
accompanying pigs dispatched from the
Member States concerned shall be completed by the following:

‘Animals in accordance with Commission Decision 2002/
1009/EC of 27 December 2002 concerning certain protec-
tion measures relating to classical swine fever in Belgium,
France, Germany and Luxembourg (OJ L 351, 28.12.2002,
p. 112).’

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

‘Semen in accordance with Commission Decision 2002/
1009/EC of 27 December 2002 concerning certain protec-
tion measures relating to classical swine fever in Belgium,
France, Germany and Luxembourg (OJ L 351, 28.12.2002,
p. 112).’

3.
The health certificate provided for in Commission Deci-
sion 95/483/EEC (3) accompanying embryos and ova of swine

(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.

‘Embryos/ova (*) in accordance with Commission Decision
2002/1009/EC of 27 December 2002 concerning certain
protection measures relating to classical swine fever in
Belgium, France, Germany and Luxembourg (OJ L 351,
28.12.2002, p. 112).

(*) Delete as appropriate.’

Article 5

1.
The Member States concerned shall ensure that the provi-
sions laid down in the second, fourth, fifth, sixth and seventh
indents of Article 15(2)(b) of Directive 2001/89/EC are applied
in the pig holdings located within the areas described in the
Annex.

2.
The Member States concerned shall ensure that vehicles
which have been used for the transport of pigs proceeding
from holdings located within the areas described in the Annex
are cleaned and disinfected after each operation and that the
transporter shall furnish proof of such disinfection.

Article 6

1.
By way of derogation from Article 1(1) and subject to the
approval of the Member State of destination, the Member States
concerned may authorise the dispatch of pigs proceeding from
holdings located within the areas described in the Annex to
other holdings or to 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 IV(A) of the
Annex to Commission Decision 2002/106/EC (4), and
Chapter IV(D)(1), (2) and (3) of that Annex; 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 be sufficient to allow for the
detection of 10 % seroprevalence with 95 % confidence in
the group of pigs to be moved.

However, c shall not apply to pigs to be moved directly to
slaughterhouses for the purpose of immediate slaughter.

2. When dispatching the pigs referred to in paragraph 1, the
Member States concerned shall ensure that the health certificate
information
referred to in Article 4(1)
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.

includes additional

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

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Article 7

Article 10

The Member States concerned may allow the movements 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 exami-
nation and serological tests for classical swine fever have been
carried out with negative results,
in accordance with Article
6(1)(b) and (c) in the holding of dispatch.

Article 8

inform the Commission
The Member States concerned shall
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 9

Decision 2002/383/EC is repealed.

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 shall be reviewed before 20 April 2003.

Article 11

This Decision shall apply until 30 April 2003.

Article 12

This Decision is addressed to the Member States.

Article 13

Done at Brussels, 27 December 2002.

For the Commission

David BYRNE

Member of the Commission

28.12.2002

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Official Journal of the European Communities

L 351/115

ANNEX

Areas of the Member States concerned referred to in Articles 1, 2, 3, 5, 6, 7 and 8

1. BELGIUM:

the territory of Belgium located in-between:
— the motorway E40 (A3) from the border with Germany until the cross with road

N68,

— then, the road N68 in the southern direction, at Eupen continuing into the

Aachenerstraße until the cross with the Paveestraße,

— then, the Paveestraße until the cross with the Kirchstraße,
— then, the Kirchstraße, continuing into the Bergstraße and the Neustraße until the

cross with the road Olengraben,

— then, the road Olengraben, continuing into the Haasstraße until the cross with the

Malmedystraße,

— then, the Malmedystraße, continuing into the road N68 in the southern direction

until the cross with the road N62,

— then, the road N62 in the eastern and the southern direction until the cross with

motorway E42 (A27),

— then, the motorway E42 (A27) until the border with Germany.

2. FRANCE:

— the territory of the department of Moselle located north of:

(i)

the road D 855 from the border with Germany until the town of Koenigs-
macker;

(ii) the river Moselle from the town of Koenigsmacker until the city of Thionville;

and

(iii) of the motorway A30 from the city of Thionville until the border with

Meurthe-et-Moselle,

— the territory of

the
motorway A30/national road N52, from the border with the Moselle until the city
of Longwy, at the border with Belgium.

the department of Meurthe-et-Moselle located north of

3. GERMANY:

— the whole territory of Rhineland-Palatinate, except those areas located east 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:

Stadt Aachen;
in Kreis Aachen: Monschau, Stollberg, Simmerath and Roetegen;
in Kreis Dueren: Heimbach, Nideggen, Huertgenwald and Langerwehe;
in Kreis Euskirchen: Schleiden, Bad Muenstereifel, Mechernich, Euskirchen, Kall,
Nettersheim, Hellenthal, Dahlem, Blankenheim and Zuelpich;
in Kreis Rhein-Sieg: Rheinbach, Meckenheim, Swisttal.

4. LUXEMBOURG:

the whole territory of Luxembourg.