2006/346/EC: Commission Decision of  15 May 2006  concerning certain protection measures relating to classical swine fever in Germany and repealing Decision 2006/274/EC  (notified under document number C(2006) 1945)   (Text with EEA relevance)
Date: 2006-05-15
Institutions: European Commission
Subjects: Germany, animal breeding, animal plague, health certificate, swine, trade restriction, veterinary inspection

L 128/10

EN

Official Journal of the European Union

16.5.2006

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 15 May 2006

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

(notified under document number C(2006) 1945)

(Text with EEA relevance)

(2006/346/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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,

Whereas:

(1)

(2)

(3)

Outbreaks of classical swine fever have occurred in
Germany.

In view of the trade in live pigs and certain pig products,
those outbreaks are liable to endanger the herds of other
Members States.

Germany has taken measures within the framework of
2001/89/EC (2)
on Community
Council Directive
measures for the control of Classical Swine Fever.

(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).

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 (3) was adopted in order to maintain and
to
extend the measures taken by Germany pursuant
Council Directive 2001/89/EC of 23 October 2001 on
Community measures for the control of classical swine
fever (4).

certification
The animal health conditions and the
requirements for trade in live pigs are laid down in
Council Directive 64/432/EEC of 26 June 1964 on
animal health problems affecting intra-Community trade
in bovine animals and swine (5).

and

health

animal

conditions

The
certification
requirements for trade in porcine semen are laid down
in Council Directive 90/429/EEC of 26 June 1990 laying
down the animal health requirements applicable to intra-
Community trade in and imports of semen of domestic
animals of the porcine species (6).

and

health

animal

conditions

certification
The
requirements for trade in porcine ova and embryos are
laid down in Commission Decision 95/483/EC of 9
November 1995 determining the specimen certificate
intra-Community trade in ova and embryos of
for
swine (7).

(5)

(6)

(7)

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

2006/328/EC (OJ L 120, 5.5.2006, p. 25).

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

Accession.

(5) 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).

(6) OJ L 224, 18.8.1990, p. 62. Directive as last amended by Council

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

Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

Accession.

(7) OJ L 275, 18.11.1995, p. 30.

16.5.2006

EN

Official Journal of the European Union

L 128/11

(8)

(9)

(10)

(11)

(12)

Commission Decision 2002/106/EC of 1 February 2002
approving a Diagnostic Manual establishing diagnostic
procedures, sampling methods and criteria for evaluation
of the laboratory tests for the confirmation of classical
swine fever (1) provides for
risk adapted surveillance
protocols.

Germany has additionally prohibited on 6 May 2006
until 16 May 2006 the movement of pigs with the
exception of pigs for immediate slaughter from and to
holdings located in part of the territory of North Rhine-
Westphalia following the suspicion of classical swine
fever in a farm located in North Rhine-Westphalia.

Based on the information provided by Germany it is
appropriate to review the protective measures relating
to classical swine fever in Germany in particular for
the territory of North Rhine-Westphalia.

It is also appropriate to lift the measures for the territory
of Germany outside North Rhine-Westphalia. Germany
should for
intra-community trade of pigs however
certify that the holding of origin did not receive pigs
since 15 January 2006 from a holding located in
North Rhine-Westphalia.

Council Decision 90/424/EEC on expenditure in the
veterinary field (2) establishes in Article 3(4)
the
Commission may lay down any measures which the
Member State concerned must take in order to ensure
the success of the action; it appears appropriate that all
pig holdings in the protection zone of a confirmed
outbreak in the municipality of Borken in North Rhine
Westphalia should be preventively depopulated.

that

2. No pigs are dispatched to other Member States and to third
countries from holdings of
its territory outside the areas
listed in Annex I that have received pigs since 15 January
2006 from a holding located in North Rhine-Westphalia.

Article 2

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 slaugh-
terhouses located within those areas and transit of pigs
through those areas is only allowed:

— 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 indirect contact
with other pigs during transport.

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

(13) Decision 2006/274/EC should be repealed.

(i)

(14)

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

in this Decision are in
Standing
the

opinion

the

of

slaughter pigs
slaughter, provided that
single holding;

to a

slaughterhouse

immediate
for
the pigs originate from one

HAS ADOPTED THIS DECISION:

Article 1

Germany shall ensure that:

1. No pigs are dispatched from the areas listed in Annex I to

other Member States and to third countries.

(1) OJ L 39, 9.2.2002, p. 71.
(2) OJ L 224, 18.8.1990, p. 19; Decision as last amended by Decision

2006/53/EC (OJ L 29, 2.2.2006, p. 37).

(ii) breeding and production pigs to a holding, provided
that the pigs have been resident for at least 30 days,
or since birth if less than 30 days of age, on a single
holding:

— which has not received live pigs during the 30-day
period immediately prior to the date of 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.

L 128/12

EN

Official Journal of the European Union

16.5.2006

By way of derogation from paragraph 1(a) the competent
2.
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:

(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).

to designated slaughterhouses
areas,

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

IV(D)(3) of

those

for

(b) not earlier than 16 May 2006 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:

Article 4

Germany shall ensure that the health certificate provided for in:

(a) Directive 64/432/EEC accompanying pigs dispatched from

Germany must be completed by the following:

in

‘Animals
accordance with Commission Decision
2006/346/EC of 15 May 2006 concerning
certain
protection measures relating to classical swine fever in
Germany’.

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

(b) Directive 90/429/EEC accompanying semen from boars
dispatched from Germany must be completed by the
following:

(ii) on which the clinical examination carried out

in
accordance with Chapter
the Annex to
Decision 2002/106/EC have been completed with
negative results.

IV(D)(2) of

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, provided that:

— this movement

in accordance with the
conditions laid down in Article 11, paragraphs (1) point
(f) and (2) Directive 2001/89/EC;

takes place

— 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 and
inform immediately the Commission thereof in the Standing
Committee on the Food Chain and Animal Health.

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);

in

accordance with

‘Semen
Commission Decision
2006/346/EC of 15 May 2006 concerning
certain
protection measures relating to classical swine fever in
Germany’.

(c) Decision 95/483/EC accompanying ova and embryos of
swine dispatched from Germany must be completed by
the following:

(delete as appropriate)

‘Ova/Embryos
in accordance with
Commission Decision 2006/346/EC of 15 May 2006
concerning certain protection measures relating to classical
swine fever in Germany’.

Article 5

1. Within the areas listed in Annex I(A):

(a) at least one risk based zone is defined by the competent

authorities;

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

16.5.2006

EN

Official Journal of the European Union

L 128/13

2. Without prejudice to the measures already taken in the
framework of Directive 2001/89/EC, Germany shall as soon as
possible preventively depopulate all pig holdings situated in the
protection zone of a confirmed outbreak in the municipality of
Borken in North Rhine Westphalia.

The precautionary measures referred to in the first subparagraph
shall be
to Council Decision
taken without prejudice
90/424/EEC on expenditure in the veterinary field.

2. the transporters furnish proof to the competent authority of

such disinfection.

Article 7

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
inform the
shall
Commission thereof.

adopted. They

immediately

3.
In the areas listed in Annex I(A) surveillance measures
are carried out in accordance with the principles set out in
Annex II.

Article 8

This Decision shall apply until 30 June 2006.

Preventive disease

4.
necessary,
Directive 2001/89/EC.

applied as
in accordance with Article 4(3)(a) of Council

control measures

are

Article 9

Decision 2006/274/EC is repealed.

An appropriate information campaign is addressed to pig

5.
farmers.

Article 10

This Decision is addressed to the Member States.

Article 6

Member States shall ensure that:

Done at Brussels, 15 May 2006.

1. vehicles which have been used for the transport of pigs in
areas listed in Annex I(A) or have entered a holding where
pigs are kept in areas listed in Annex I(A) are cleaned and
disinfected twice after each operation;

For the Commission

Markos KYPRIANOU
Member of the Commission

L 128/14

EN

Official Journal of the European Union

16.5.2006

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.

ANNEX II

In accordance with Article 5(3), Germany shall ensure that in the areas listed in Annex I(A) the following surveillance
measures are implemented:

(a) any case of a contagious disease in pig holdings for which a treatment with antibiotic or other antibacterial drugs is
indicated, shall be reported to the competent veterinary authorities without delay and before treatment is commenced,

(b) in the pig holdings referred to in (a), the clinical examinations and sampling procedures laid down in Chapter IV (A)

of the Annex to Commission Decision 2002/106/EC are carried out by a veterinarian without delay.