2005/363/EC: Commission Decision of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy (notified under document number C(2005) 1321)Text with EEA relevance
Date: 2005-05-02
Institutions: European Commission
Subjects: Italy, Sardinia, animal plague, health certificate, pigmeat, swine, trading operation, veterinary inspection

5.5.2005

EN

Official Journal of the European Union

L 118/39

COMMISSION DECISION

of 2 May 2005

concerning animal health protection measures against African swine fever in Sardinia, Italy

(notified under document number C(2005) 1321)

(Text with EEA relevance)

(2005/363/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Italy has taken measures to combat African swine fever
in Sardinia within the framework of Council Directive
2002/60/EC of 27 June 2002 laying down specific
provisions for the control of African swine fever and
regards Teschen
amending Directive 92/119/EEC as
disease and African swine fever (5).

to

regard

Council Directive

Having
of
11 December 1989 concerning veterinary checks in intra-
the
Community trade with a view to the completion of
internal market (1), and in particular Article 9(4) thereof,

89/662/EEC

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 (2), and in
particular Article 10(4) thereof,

to

regard

Council Directive

of
Having
16 December 2002 laying
down animal health rules
governing the production, processing, distribution and intro-
duction
human
for
of
consumption (3), and in particular Article 4(3) thereof,

2002/99/EC

products

animal

origin

of

Whereas:

(1)

(2)

(3)

Commission Decision 2003/514/EC of 10 July 2003
concerning health protection measures against African
adopted in
swine
response to the presence of African swine fever in the
province of Nuoro, Sardinia, Italy.

Italy (4) was

in Sardinia,

fever

In 2004, a serious recrudescence of African swine fever
occurred in Sardinia. African swine fever must still be
considered an endemic disease in the domestic and
feral pig population of the province of Nuoro. Some
outbreaks of
in domestic pigs have,
however, also been notified in other provinces of
Sardinia.

that disease

The disease situation is liable to endanger the pig herds
in other regions of Italy and in other Member States, in
view of trade in live pigs, pig semen, ova and embryos
and pig meat, pig meat products and other products
containing pig meat.

(5)

(6)

(7)

(8)

Italy has reviewed the measures taken so far to combat
the disease in the light of the recrudescence of the disease
in 2004.

Commission Decision 2005/362/EC of 2 May 2005
approving the plan for the eradication of African swine
Italy (6) was adopted in
fever in feral pigs in Sardina,
the eradication of
order
African swine fever in feral pigs submitted by Italy.

to approve the plan for

In the light of the current epidemiological situation, it is
appropriate to apply further Community measures to the
whole territory of Sardinia as regards the movement of
live pigs and pig semen, ova and embryos and the
dispatch of pig meat, pig meat products and products
containing pig meat.

slaughter

It is appropriate to provide for certain derogations from
the measures provided for in this Decision for pig meat
originating from pigs which have entered Sardinia as pigs
for
in accordance with Council Directive
64/432/EEC of 26 June 1964 on animal health
problems affecting intra-Community trade in bovine
animals and swine (7) or Council Directive 72/462/EEC
of 12 December 1972 on health and veterinary
inspection problems upon importation of bovine, ovine
and caprine animals and swine,
fresh meat or meat
products from third countries (8) or Council Directive
2004/68/EC of 26 April 2004 laying down animal
importation into and transit
health rules
for
certain live ungulate
through the Community of
animals,
and
Directives
amending
92/65/EEC and repealing Directive 72/462/EEC (9) or
that satisfies certain requirements of this Decision.

90/426/EEC

the

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive
(OJ
2004/41/EC of the European Parliament and of the Council
L 157, 30.4.2004, p. 33).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council
(OJ
L 315, 19.11.2002, p. 14).
(3) OJ L 18, 23.1.2003, p. 11.
(4) OJ L 178, 17.7.2003, p. 28.

(5) OJ L 192, 20.7.2002, p. 27. Directive as amended by the 2003 Act

of Accession.

(6) See page 36 of this Official Journal.
(7) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regu-

lation (EC) No 1/2005 (OJ L 3, 5.1.2005, p. 1).

(8) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regu-

lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(9) OJ L 139, 30.4.2004, p. 321.

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Official Journal of the European Union

5.5.2005

(9)

(10)

in

It is also appropriate to provide for certain derogations
for pig meat products and other products containing pig
meat obtained from meat that entered Sardinia as fresh
pig meat
accordance with Council Directive
64/433/EEC of 26 June 1964 on health conditions for
the production and marketing of fresh meat (1) or in
accordance with Directive 2002/99/EC or that comply
with Council Directive 77/99/EEC of 21 December
1976 on health problems affecting the production and
marketing of meat products and certain other products
of animal origin (2) or that satisfy certain requirements of
this Decision.

In order to ensure that pig meat, pig meat products and
other products containing pig meat, not fulfilling certain
animal health requirements are not dispatched from
Sardinia and to ensure the traceability of such pig meat
and products, the pig meat should be specially marked.
These special marks must be such that they cannot be
confused with the oval stamp for pig meat provided for
in point 50 of Chapter XI of Annex I
to Directive
64/433/EEC, or after its date of application the health
mark in accordance with Regulation (EC) No 854/2004
of
the Council of
29 April 2004 laying down specific rules for the orga-
nisation of official controls on products of animal origin
intended for human consumption (3), and with the oval
stamp for pig meat products and other products
containing pig meat provided for in point 4 of Chapter
VI of Annex B to Directive 77/99/EEC, or after its date of
application the identification mark in accordance with
European
Regulation (EC) No 853/2004 of
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (4).

the European Parliament and of

the

(11) Decision 2003/514/EC should therefore be repealed.

(12)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

(b) the marking of pig meat, pig meat products or any other

products containing pig meat in Sardinia.

Article 2

Definitions

For the purpose of this Decision, the following definitions shall
apply:

(a)

‘pig’ as defined in Article 2(a) of Directive 2002/60/EC;

(b) ‘pig meat’ means all parts of pigs which are suitable for

human consumption;

(c)

‘pig meat products’ means processed products resulting
from the further
from the processing of pig meat or
the cut
processing of such processed products, so that
surface shows that the product no longer has the character-
istics of fresh meat;

(d) ‘other products containing pig meat’ means products for
human consumption containing pig meat or pig meat
products.

Article 3

Prohibition on the movement of live pigs, pig semen, ova
and embryos and on the dispatch of pig meat, pig meat
products and any other products containing pig meat from
Sardinia

Italy shall prohibit the following:

(a)

the movement of live pigs from Sardinia;

(b) the movement of pig semen, ova and embryos

from

Sardinia; and

This Decision lays down animal health rules on:

(c)

the dispatch of pig meat, pig meat products and any other
products containing pig meat from Sardinia.

(a)

the movement of live pigs, pig semen, ova and embryos and
the dispatch of pig meat, pig meat products and any other
products containing pig meat originating from Sardinia; and

(1) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by the

2003 Act of Accession.

(2) OJ L 26, 31.1.1977, p. 85. Directive as last amended by the 2003

Act of Accession.

(3) OJ L 139, 30.4.2004, p. 206. Regulation as amended by Regulation

(EC) No 882/2004 (OJ L 165, 30.4.2004, p. 1).

(4) OJ L 139, 30.4.2004, p. 55.

Article 4

Special marking of pig meat, pig meat products and any
other products containing pig meat in Sardinia

Italy shall ensure that the pig meat, pig meat products and any
other products containing pig meat originating from pigs
slaughtered in Sardinia are marked with a special health or
identification mark which cannot be
confused with the
Community stamp and shall, in particular, not be oval.

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L 118/41

Article 5

Derogation from Articles 3 and 4 as regards pig meat

By way of derogation from Article 3(c),

1.
Italy may
from Sardinia to areas
authorise the dispatch of pig meat
outside Sardinia if the conditions provided for in paragraphs
2 to 5 of this Article are fulfilled.

2.

The pig meat must originate:

(a) either from pigs:

(b) be accompanied when leaving Sardinia by the intra trade
certificate
laid down in Commission Regulation (EC)
No 599/2004 (1) completed with the specific sanitary
requirement set out in Annex III to this Decision.

Article 6

Derogation from Articles 3 and 4 as regards pig meat
products and any other products containing pig meat

1.
By way of derogation from point (c) of Article 3, Italy
may authorise the dispatch of pig meat products and any other
products containing pig meat from Sardinia to areas outside
Sardinia if the conditions provided for in paragraphs 2 to 5
of this Article are fulfilled.

(i) which have entered Sardinia as pigs for slaughter in
accordance with Directive 64/432/EEC or Directive
72/462/EEC or Directive 2004/68/EC; and

2.

The products must either:

(ii) which comply with the conditions set out in Annex

II(A);

(b) or from pigs:

(i) which have been kept for at least four months before
the date of
to the slaughterhouse on the
holding of origin in Sardinia which must be located
outside the areas listed in Annex I; and

transport

(ii) which comply with the conditions set out in Annex II.

The pig meat shall be produced, stored and processed in

3.
establishments:

(a) be obtained from meat that has entered Sardinia as fresh
in accordance with Directive 64/433/EEC or

pig meat
Directive 2002/99/EC; or

(b) be obtained from pig meat that complies with Article 5 of

this Decision; or

(c)

comply with Article 4(1) of Directive 2002/99/EC and
have undergone a treatment that is effectively recognised
to eliminate the African swine fever virus as set out in
Annex III to that Directive

The products shall be produced, stored and processed in

3.
establishments:

(a) which are approved for that purpose by the competent

(a) which are approved for that purpose by the competent

authority; and

authority; and

(b) in which the pig meat is produced, stored or processed
complying with

from other meat

not

separately
paragraph 2.

4.
By way of derogation from Article 4 of this Decision, the
pig meat must be marked with the oval stamp provided for in
point 50 of Chapter XI of Annex I to Directive 64/433/EEC or,
after its date of application, with the health mark in accordance
with Regulation (EC) No 854/2004.

5.

The pig meat shall be:

(b) in which only products complying with paragraph 2 are

produced, stored or processed.

By way of derogation from Article 4, the products must
4.
be marked with the oval stamp provided for in point 4 of
Chapter VI of Annex B to Directive 77/99/EEC or, after its
date of application, with the identification mark in accordance
with Regulation (EC) No 853/2004.

5.

The products shall be:

(a) subjected to the veterinary certification in accordance with

Article 5 of Directive 2002/99/EC; and

(a) subjected to veterinary certification in accordance with

Article 5 of Directive 2002/99/EC; and

(1) OJ L 94, 31.3.2004, p. 44.

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Official Journal of the European Union

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(b) be accompanied when leaving Sardinia by the intra trade
certificate laid down by Regulation (EC) No 599/2004
completed with the specific sanitary requirement set out
in Annex IV to this Decision.

(c) any relevant information on the application of this Decision.

Article 8

Repeal

Article 7

Decision 2003/514/EC is repealed.

Communication to the Commission and the other Member
States

Italy shall communicate to the Commission and the other
Member States, every six months from the date of Decision,
the following:

Article 9

Addressees

This Decision is addressed to the Member States.

(a)

the updated list of the approved establishments referred to
in Articles 5(3) and 6(3); and

Done at Brussels, 2 May 2005.

(b) the list of all consignments of pig meat, pig meat products
and any other products containing pig meat that have been
certified as provided for in Articles 5(4) and 6(4); and

For the Commission

Markos KYPRIANOU
Member of the Commission

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Areas of Sardinia as referred to in point (b)(i) of Article 5(2)

ANNEX I

(a) In the province of Nuoro: the whole territory.

(b) In the province of Sassari: the territory of the municipalities of Ala’ dei Sardi, Anela, Banari, Benetutti, Bessude,
Bonnanaro, Bono, Bonorva, Borutta, Bottidda, Budduso’, Bultei, Burgos, Cheremule, Cossoine, Esporlatu, Giave, Illorai,
Ittireddu, Mores, Nughedu di San Nicolo’, Nule, Pattada, Siligo, Thiesi and Torralba.

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ANNEX II

Conditions as referred to in Article 5(2)

Section A

General provisions for pigs referred to Article 5(2)(a) and (b)

On arrival at the slaughterhouse, the pigs referred to in Article 5(2)(a) and (b) are kept and slaughtered separately from
other pigs, not complying with the provisions of Article 5(2) so that any direct or indirect contact is prevented.

Section B

Specific provisions for pigs referred to in Article 5(2)(b)

1.

The holding of origin of the pigs referred to in Article 5(2)(b) shall comply with the following:

(a) be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three

months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);

(b) be located in a province where a plan for the surveillance and prevention of African swine fever is in place
under the supervision of the competent authority and where monitoring and prevention measures have been
regularly applied accordingly;

(c) no pigs have been introduced into the holding during the 30 days prior to the date of transport to the

slaughterhouse of the pigs referred to in Article 5(2)(b);

(d) be approved by the competent veterinary authority for the purpose in this point.

2.

The pigs referred to in Article 5(2)(b) shall be transported from the holding of origin referred to in point 1 of this
Section to a slaughterhouse subject to the following conditions:

(a) an official veterinarian has carried out the following:

(i)

the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision
2003/422/EC (1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall
apply mutatis mutandis; and

(ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive

92/102/EEC (2);

(b) the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever
and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;

(c)

the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in
accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the
transport;

(d) the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred
to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of
their arrival.

3.

During ante and post mortem inspection carried out at the slaughterhouse, the competent authority takes into account
any signs of the presence of African swine fever.

(1) OJ L 143, 11.6.2003, p. 35.
(2) OJ L 355, 5.12.1992, p. 32.

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ANNEX III

to Commission Decision 2005/363/EC

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ANNEX IV

to Commission Decision 2005/000/EC