2003/526/EC: Commission Decision of 18 July 2003 concerning protection measures relating to classical swine fever in Belgium, France, Germany and Luxembourg (Text with EEA relevance) (notified under document number C(2003) 2535)
Date: 2003-07-18
Institutions: European Commission
Subjects: Belgium, France, Germany, Luxembourg, animal plague, health certificate, swine, veterinary inspection

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COMMISSION DECISION

of 18 July 2003

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

(notified under document number C(2003) 2535)

(Text with EEA relevance)

(2003/526/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 response to classical swine fever in certain bordering
parts of France, Germany and Luxembourg, the Commis-
sion has adopted: 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 (3); Decision 2002/1009/
EC of 27 December 2002 concerning protection
measures relating to classical swine fever in Belgium,
France, Germany and Luxembourg (4); Decision 2003/
135/EC of 27 February 2003 on the approval of the
plans for the eradication of classical swine fever and the
emergency vaccination of
feral pigs against classical
swine fever in Germany, in the federal states of Lower
Saxony, North Rhine-Westphalia, Rhineland-Palatinate
and Saarland (5); Decision 2003/136/EC of 27 February
2003 on the approval of the plans for the eradication of
classical swine fever in feral pigs and emergency vaccina-
tion of feral pigs against classical swine fever in Luxem-
bourg (6); Decision 2003/363/EC of 14 May 2003
approving the plan for the eradication of classical swine
fever in feral pigs in certain areas of Belgium (7).

been established by Decision 2002/1009/EC, and to
amend the areas of France and Germany where these
measures shall apply.

(3)

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,

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 2002/626/EC, 2003/135/EC, 2003/136/EC
and 2003/363/EC.

Article 2

1.
Belgium, France, Luxembourg and Germany (hereinafter:
‘the Member States concerned’) shall ensure that no pigs are
dispatched from those Member States unless the pigs:

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

Annex; and

(2)

In the light of the current epidemiological situation and
location of the most recent cases of disease in the feral
pigs it is appropriate to apply the measures which had

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

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 200, 30.7.2002, p. 37.
(4) OJ L 126, 20.5.1999, p. 21.
(5) OJ L 53, 28.2.2003, p. 47.
(6) OJ L 53, 28.2.2003, p. 52.
(7) OJ L 124, 20.5.2003, p. 43.

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.

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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 point (a) of Article 3 of Council Directive 90/429/EEC (1)
and situated outside the areas listed in the Annex.

The Member States concerned shall ensure that no
2.
consignments of ova and embryos of swine are dispatched
from those Member States unless the ova and embryos origi-
nate from swine kept at a holding situated outside the areas
described in the Annex.

Article 4

The health certificate provided for in Article 5(1) of
1.
64/432/EEC (2)
Council
pigs
dispatched from the Member States concerned shall be
completed by the following:

accompanying

Directive

‘Animals in accordance with Commission Decision 2003/
526/EC of 18 July 2003 concerning certain protection
measures relating to classical swine fever
in Belgium,
France, Germany and Luxembourg’.

2.
The health certificate provided for in Article 6(1) of
Directive 90/429/EEC accompanying boar semen dispatched
from the Member States concerned shall be completed by the
following:

‘Semen in accordance with Commission Decision 2003/
526/EC of 18 July 2003 concerning certain protection
in Belgium,
measures relating to classical swine fever
France, Germany and Luxembourg’.

The health certificate provided for

3.
in Article 1 of
Commission Decision 95/483/EEC (3) accompanying embryos
and ova of swine dispatched from Belgium, France, Germany
and Luxembourg shall be completed by the following:

‘Embryos/ova (*) in accordance with Commission Decision
2003/526/EC of 18 July 2003 concerning certain protec-
tion measures relating to classical swine fever in Belgium,
France, Germany and Luxembourg

(*) delete as appropriate’.

The Member States concerned shall ensure that vehicles
2.
which have been used for the transport of pigs proceeding
from holdings located within the areas listed in the Annex are
cleaned and disinfected after each operation and that the trans-
porter shall provide 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 listed in the Annex in one of
the Member States concerned, to other holdings or to slaugh-
terhouses located within the areas listed in the Annex of
another Member State concerned, 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 Part A of Chapter IV
of the Annex to Commission Decision 2002/106/EC (5) and
in points 1, 2 and 3 of Part D of Chapter IV 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

Article 5

Article 7

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 (4) are
applied in the pig holdings located within the areas listed in the
Annex.

(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) OJ L 316, 1.12.2001, p. 5.

The Member States concerned may allow the movements of
pigs proceeding from holdings located within the areas listed in
the Annex and dispatched to other areas in the same Member
State, only from holdings of dispatch where a clinical examina-
tion and serological tests for classical swine fever have been
carried out with negative results,
in accordance with Article
6(1)(b) and (c).

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

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Article 8

Article 11

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 listed in the Annex.

Article 9

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 October 2003.

Article 10

This Decision shall apply until 30 October 2003.

Article 12

This Decision is addressed to the Member States.

Done at Brussels, 18 July 2003.

For the Commission

David BYRNE

Member of the Commission

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

ANNEX

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 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 southern direction until the cross with

the road N62;

— then, the road N62 in eastern and southern direction until the cross with motorway E42 (A27);

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

— the territory of the department Moselle located: (i) north of the river Moselle from the town of
Thionville until the border of Luxembourg; and (ii) east of the motorway A31 from the city of
Thionville until the border with Luxembourg.

— the territory of the department Bas-Rhine located: (i) west of the road D 264 from Wissembourg
to Soultz-sous-Forêts, (ii) north of the road D 28 from Soultz-sous-Forêts to Woerth, (iii) east of
the road D 27 from Woerth to Lembach, (iv) east of the road D 3 from Lembach to the junction
with the road D 925, (v) east of the road D 925 from the junction with the road D 3 to the
border with Germany (Hirschthal), (vi) south of the border with Germany from Hirschthal to
Wissembourg.

2. France

3. Germany

A. North Rhine-Westphalia

— In the Kreis Euskirchen: the Gemeinde Schleiden, Dahlem, Blankenheim, Bad Muenstereifel,

Euskirchen, Hellenthal, Kall; Mechernich, Nettersheim and Zuelpich;

— In the Kreis Rhein-Sieg: the Gemeinde Rheinbach, Swisttal and Meckenheim;

— City of Aachen;

— In the Kreis Aachen: Monschau, Stollberg, Simmerath and Roetgen;

— In the Kreis Dueren: Heimbach, Nideggen, Huertgenwald and Langerwehe.

B. Rhineland-Palatinate:

— The Kreise: Ahrweiler, Bad Dürkheim, Bernkastel-Wittlich, Bitburg-Prüm, Cochem-Zell, Daun,

Donnersbergkreis and Südliche Weinstraße;

— In the Kreis Trier-Saarburg: the area east of the river Saar;

— In the Kreis Mayen-Koblenz: the area west of the river Rhein;

— The Cities of: Alzey, Landau, Kaiserslautern, Neustadt an der Weinstraße, Pirmasens, Speyer

and Trier;

— In the City of Koblenz: the area west of the river Rhein;

— In the Kreis Birkenfeld:

the Gemeinde Baumholder and Truppenübungsplatz Baumholder,
Birkenfeld, Rhaunen; in the Gemeinde Herrstein: the municipalities Allenbach, Bruchweiler,
Kempfeld, Langweiler, Sensweiler and Wirschweiler;

— In the Kreis Rhein-Hunsrück-Kreis: the Gemeinde Boppard, Verbandsgemeinde Emmelshausen,
Kastellaun, Kirchberg; in the Gemeinde Rheinböllen: the municipalities Benzweiler, Kisselbach,
Liebshausen and Steinbach; the Gemeinde Simmern and St. Goar-Oberwesel;

— In the Kreis Alzey-Worms: the municipalities Stein-Bockenheim, Wonsheim, Siefersheim,
Wöllstein, Gumbsheim, Eckelsheim, Wendelsheim, Nieder-Wiesen, Nack, Erbes-Büdesheim,
Flonheim, Bornheim, Lonsheim, Bermersheim vor der Höhe, Albig, Bechenheim, Offenheim,
Mauchenheim, Freimersheim, Wahlheim, Kettenheim, Esselborn, Dintesheim, Flomborn,
Eppelsheim, Ober-Flörsheim, Hangen-Weisheim, Gundersheim, Bermersheim, Gundheim,
Framersheim, Gau-Heppenheim the Gemeinde Monsheim and Alzey;

— In the Kreis Bad Kreuznach: the municipalities Becherbach, Reiffelbach, Schmittweiler, Call-
bach, Meisenheim, Breitenheim, Rehborn, Lettweiler, Odernheim a. Glan, Oberhausen a. d.
Nahe, Duchroth, Hallgarten, Feilbingert, Hochstätten, Niederhausen, Norheim, Bad Münster a.
Stein-Ebernburg, Altenbamberg, Fürfeld, Tiefenthal, Neu-Bamberg and Frei-Laubersheim;

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— In the Kreis Germersheim: the Gemeinde Lingenfeld, Bellheim and Germersheim;

— In the Kreis Kaiserslautern: the Gemeinde Weilerbach, Otterbach, Otterberg, Enkenbach-Alsen-
born, Hochspeyer, Kaiserslautern-Süd, Landstuhl, Bruchmühlbach-Miesau; the municipalities
Hütschenhausen, Ramstein-Miesenbach, Steinwenden and Kottweiler-Schwanden;

— In the Kreis Kusel:

the municipalities Odenbach, Adenbach, Cronenberg, Ginsweiler,
Hohenöllen, Lohnweiler, Heinzenhausen, Nussbach, Reipoltskirchen, Hefersweiler, Relsberg,
Einöllen, Oberweiler-Tiefenbach, Wolfstein, Kreimbach-Kaulbach, Rutsweiler a.d. Lauter, Roth-
selberg, Jettenbach and Bosenbach;

— In the Kreis Ludwigshafen: the Gemeinde Dudenhofen, Waldsee, Böhl-Iggelheim, Schifferstadt,

Römerberg and Altrip;

— In the Kreis Südwestpfalz: the Gemeinde Waldfischbach-Burgalben, Rodalben, Hauenstein,
Dahner-Felsenland, Pirmasens-Land, Thaleischweiler-Fröschen;
the municipalities Schmit-
shausen, Herschberg, Schauerberg, Weselberg, Obernheim-Kirchenarnbach, Hettenhausen,
Saalstadt, Wallhalben and Knopp-Labach.

C. Saarland

— In the Kreis Merzig-Wadern: the Gemeinde Mettlach, Merzig, Beckingen, Losheim, Weiskirchen

and Wadern;

— In the Kreis Saarlouis: the Gemeinde Dillingen, Bous, Ensdorf, Schwalbach, Saarwellingen,

Nalbach, Lebach, Schmelz and Saarlouis;

— In the Kreis Sankt Wendel: the Gemeinde Nonnweiler, Nohfelden and Tholey.

4. Luxembourg:

the whole territory of Luxembourg.