2006/306/EC: Commission Decision of  26 April 2006  amending Decision 2006/274/EC concerning certain protection measures relating to classical swine fever in Germany  (notified under document number C(2006) 1716)   (Text with EEA relevance)
Date: 2006-04-26
Institutions: European Commission
Subjects: Germany, animal breeding, animal plague, swine, trade restriction, veterinary inspection

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Official Journal of the European Union

27.4.2006

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 April 2006

amending Decision 2006/274/EC concerning certain protection measures relating to classical swine
fever in Germany

(notified under document number C(2006) 1716)

(Text with EEA relevance)

(2006/306/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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

(3)

(4)

(5)

On the basis of epidemiological information provided by
Germany, certain rules for the movement of pigs from
and within the different areas of Germany should be
amended.

Decision 2006/274/EC should therefore be amended
accordingly.

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

in this Decision are in
Standing
the

opinion

the

of

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

Outbreaks of classical swine fever have occurred in
Germany.

Article 1

Decision 2006/274/EC is amended as follows:

Commission Decision 2006/274/EC of 6 April 2006
concerning certain protection measures
relating to
classical swine fever in Germany and repealing Decision
2006/254/EC (2) was adopted in order to maintain and
extend the measures taken by Germany pursuant
to
Council Directive 2001/89/EC of 23 October 2001 on
Community measures for the control of classical swine
fever (3).

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

(2) OJ L 99, 7.4.2006, p. 36. Decision as amended by Decision

2006/297/EC (OJ L 108, 21.4.2006, p. 31).

(3) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of

Accession.

1. In Article 1, paragraph 2 is replaced by the following:

By way of derogation from paragraph 1, Germany

‘2.
may authorise:

(a)

the direct transport of slaughter pigs to a slaughterhouse
outside Germany for immediate slaughter, provided that
the vehicles used for transport of pigs comply with the
requirements in Article 6(2)(a) and that the pigs originate
from one single holding that is situated outside the areas
listed in Annex I;

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(b) the transport of breeding and production pigs to a
holding outside Germany, provided that
the vehicles
used for transport of pigs comply with the requirements
in Article 6(2)(a) and that the pigs have been resident for
at least 45 days, or since birth if less than 45 days of
age, on a single holding:

(i) which is situated outside the areas listed in Annex I;

(ii) which has not received live pigs during the 45-day
period immediately prior to the date of dispatch of
the pigs;

(iii) on which the clinical examination carried out in
accordance with Chapter IV(D)(2) of the Annex to
Decision 2002/106/EC have been completed with
negative results.’

2. Article 2 is replaced by the following:

‘1.

Germany shall ensure that:

(a) without prejudice to the measures provided for

in
Directive 2001/89/EC, and in particular Articles 9, 10
and 11 thereof:

(i) no pigs are transported from and to holdings within

the areas listed in Annex I(A);

(ii) transport of slaughter pigs coming from holdings
situated outside the areas listed in Annex I(A) to
and
slaughterhouses
transit of pigs through those areas is only allowed:

located within those

areas

(i) slaughter pigs to a slaughterhouse for immediate
slaughter, provided that the pigs originate from one
single holding;

(ii) breeding and production pigs to a holding, provided
that the pigs have been resident for at least 45 days,
or since birth if less than 45 days of age, on a single
holding:

— which has not received live pigs during the 45-
to the date of

day period immediately prior
dispatch of the pigs; and

— on which the clinical examination carried out in
accordance with Chapter IV(D)(2) of the Annex
to Decision 2002/106/EC have been completed
with negative results.

2.
the
By way of derogation from paragraph 1(a)
competent authority may authorise the transport of pigs
from a holding situated within the areas listed in Annex
I(A) but outside a protection or surveillance zone:

(a) directly to a slaughterhouse situated within those areas,
or in exceptional cases, to designated slaughterhouses in
Germany located outside those areas,
immediate
slaughter, provided that the pigs are dispatched from a
holding on which the clinical examination carried out in
the Annex to
accordance with Chapter
Decision 2002/106/EC have been completed with
negative results.

IV(D)(3) of

for

— via major roads or railways, and

— in accordance with the detailed instructions
provided for by the competent authority to
prevent the pigs in question coming into direct
or
contact with other pigs during
transport.

indirect

(b) to a holding situated within those areas, provided that
the pigs have been resident for at least 45 days, or since
birth if less than 45 days of age, on a single holding
which:

(i) has not received live pigs during the 45-day period
immediately prior to the date of dispatch of the pigs;

(b) no pigs are dispatched from the areas listed in Annex
I(B) to other areas within Germany, except for direct
transport of:

(ii) on which the clinical examination carried out

in
accordance with Chapter IV(D)(2) of the Annex to
Decision 2002/106/EC have been completed with
negative results.

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By way derogation from paragraph 1(a) the competent
3.
authority may authorise the direct transport of pigs from a
holding situated within a surveillance zone to a designated
holding in which no pigs are present and which is situated
within the same surveillance zone ‘or protection zone it
surrounds’, provided that:

— this movement
conditions
point (f) and (2) Directive 2001/89/EC;

takes place in accordance with the
(1)

laid down in Article 11, paragraphs

— the examinations provided for in Chapter IV(D)(2) of the
Annex to Decision 2002/106/EC have been completed
with negative results on the holding from which the pigs
are dispatched.

The German authorities shall record the above movements
in the
and inform immediately the Commission thereof
Standing Committee on the Food Chain and Animal Health’.

3. Article 3 is replaced by the following:

‘Article 3

Germany shall ensure that no consignments of the following
commodities are dispatched to other member States and to
third countries:

(a) porcine semen, unless the semen originates from boars
kept at a collection centre referred to in Article 3(a) of
Directive 90/429/EEC and situated outside the areas
listed in Annex I(A);

(b) ova and embryos of swine, unless the ova and embryos
originate from swine kept at a holding situated outside
the areas listed in Annex I(A).’

the vehicles, equipment
cleansing and disinfection of
and any other fomite and a minimum absence of any
contact to pigs or pig holdings of at least tree days;
in connection with transport
contacts
carried out
to Article 2(2)(a) shall be deemed to have
pursuant
taken place within that defined zone or those defined
zones;

2.

in the areas listed in Annex I(A) surveillance measures
are carried out in accordance with the principles set out
in Annex II.’

5. In Article 6, paragraphs 1 and 2(a) are replaced by the

following:

‘1. Member States shall not send pigs to slaughterhouses
in the areas listed in Annex I(A).

2. Member States shall ensure that:

(a) vehicles which have been used for the transport of pigs
in Germany or have entered a holding in Germany where
pigs are kept are cleaned and disinfected twice after the
last operation before these vehicles may be used for the
transport of pigs outside Germany;’

6. Annex I
Decision.

is replaced by the text

in the Annex to this

Article 2

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
inform the
shall
measures
Commission thereof.

adopted. They

immediately

4. In Article 5, points 1 and 2 are replaced by the following:

Article 3

‘1. within the areas listed in Annex I(A) at least one risk
based zone is defined by the competent authorities and
that at least the services provided by persons in direct
contact with pigs or requiring entering the housing areas
for pigs and the use of vehicles for transport of feed,
manure or dead animals to and from pig holdings
situated in the areas listed in Annex I(A) are limited to
that or those defined zones and are not shared with
the Community unless after thorough
other parts of

This Decision is addressed to the Member States.

Done at Brussels, 26 April 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX
‘ANNEX I

Areas in Germany referred to in Articles 1, 2, 3, 5 and 6:

A. In North Rhine-Westfalia: the territory of the “Regierungsbezirke” Arnsberg, Düsseldorf and Münster.

B.

In North Rhine-Westfalia: the territory of the “Regierungsbezirke” Detmold and Köln.’