2006/391/EC: Commission Decision of  30 May 2006  amending Decision 2006/346/EC concerning certain protection measures relating to classical swine fever in Germany  (notified under document number C(2006) 2058)   (Text with EEA relevance)
Date: 2006-05-30
Institutions: European Commission
Subjects: Germany, animal plague, fresh meat, health certificate, health control, swine, trade restriction, veterinary inspection

L 150/24

EN

Official Journal of the European Union

3.6.2006

COMMISSION DECISION

of 30 May 2006

amending Decision 2006/346/EC concerning certain protection measures relating to classical swine
fever in Germany

(notified under document number C(2006) 2058)

(Text with EEA relevance)

(2006/391/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,

Having regard to Council Directive 2001/89/EC of 23 October
2001 on Community measures for the control of classical swine
fever (2) and in particular Article 11(1)(f) thereof,

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the
animal health rules
governing the production, processing, distribution and intro-
human
duction
consumption (3), and in particular the first subparagraph of
Article 4(3) thereof,

products

animal

origin

for

of

of

Whereas:

(1)

(2)

(3)

Following outbreaks of classical swine fever in Germany,
protection and surveillance zones were immediately
established around outbreak sites
in
accordance with Article 9(1) of Directive 2001/89/EC.

in Germany

In addition, Commission Decision 2006/346/EC of 15
May 2006 concerning certain protection measures
relating to classical
in Germany and
repealing Decision 2006/274/EC (4) was adopted in
order to maintain and extend the measures taken by
Germany pursuant to Directive 2001/89/EC.

swine

fever

The provisions for the use of a health marking on fresh
meat are laid down in Regulation (EC) No 854/2004 of
the European Parliament and of the Council of 29 April
2004 laying down specific rules for the organisation of
official controls on products of animal origin intended

(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).

for human consumption (5). However, pursuant
to
Council Directive 2001/89/EC,
that health mark may
not be used for marking the fresh meat from pigs origi-
nating from a holding located in a surveillance zone.

the

submitted a request
health marking

to Article 4(3) of Directive 2002/99/EC,
Pursuant
for a derogation
Germany has
in
provided
concerning
Directive 2001/89/EC and the use of pigmeat
from
pigs kept on holdings situated in the surveillance zones
established in the federal state of North Rhine-Westphalia
and slaughtered, subject to a specific authorisation issued
by the competent authority.

for

the earlier spread of

Based on the epidemiological situation as regards classical
swine fever in the federal state of North Rhine-West-
phalia and the pattern of
the
disease, the risk of the spread of that disease should
not be affected by applying the health marking,
laid
down in Regulation (EC) No 854/2004, on fresh meat
from pigs from a surveillance zone located in certain
areas of North Rhine-Westphalia in accordance with
the conditions and testing of the pigs laid down in this
Decision. It may also be considered that protection from
the risk of the spread of that disease should not be
further
affected by marketing the fresh meat without
processing or treatment under those conditions.

Based on the information provided by Germany,
it is
appropriate to review protective measures relating to
classical
the
duration of
in the protection and
surveillance zones established around an outbreak site
pursuant to Directive 2001/89/EC.

the measures

in Germany

regards

swine

fever

as

It is also necessary to reintroduce the prohibition for
Member States to send pigs to slaughterhouses in the
areas of North Rhine-Westphalia in Germany where
outbreaks of classical swine fever were notified that
was revoked by Decision 2006/346/EC.

Decision 2006/346/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

(4)

(5)

(6)

(7)

(8)

(9)

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

of Accession.

(3) OJ L 18, 23.1.2003, p. 11.
(4) OJ L 128, 16.5.2006, p. 10.

(5) OJ L 155, 30.4.2004, p. 206; corrected version (OJ L 226,
25.6.2004, p. 83). Regulation as last amended by Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

3.6.2006

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Official Journal of the European Union

L 150/25

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/346/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

completion of the preliminary cleaning and disin-
fection of the infected holdings;

(ii) clinical examinations for classical swine fever have
been carried out in all holdings in those protection
and surveillance zones following the detection of
classical swine fever, with negative results;

(b) a holding:

Germany shall ensure that no pigs are dispatched to other
Member States and to third countries from:

(i) which has been authorised by the

competent
authority to remove pigs to a designated slaugh-
terhouse;

(a)

the areas listed in Annex I;

(b) holdings on its territory located outside the areas listed
in Annex I that have received pigs since 15 January
2006 from a holding located in North Rhine-West-
phalia.’

2. The following Article 3a is inserted:

‘Article 3a

1.
By way of derogation from the fourth indent of Article
10(3)(f) of Directive 2001/89/EC, Germany is authorised, for
pigmeat obtained from pigs in accordance with paragraph 2
of this Article:

(ii) which has had no contact with an infected holding,

following the epidemiological inquiry;

(iii) which has been subject to regular inspections by a
the
veterinarian following the
surveillance zone and that inspection has included
all pigs kept on the holding;

establishment of

(iv) where all pigs have been submitted to clinical and
laboratory examinations in accordance with para-
graphs 1, 3, 4 and 5 of Chapter IV(D) of
the
Annex to Decision 2002/106/EC.

Germany

3.
designated in application of paragraphs 1 and 2:

ensure

shall

that

the

slaughterhouse

(a)

to apply the health marking laid down in Article 5(1) of
Regulation (EC) No 854/2004;

(a)

is located within the areas listed in Annex I(A);

(b) not to submit the fresh meat to a subsequent treatment
in accordance with the rules laid down in Article 4(1) of
Directive 2002/99/EC.

2. Without prejudice to the measures provided for in
Directive 2001/89/EC and in particular Article 11(1)(f) and
Article 11(2) of that Directive, where Germany applies the
derogation provided for in paragraph 1 of this Article, the
pigmeat shall be obtained from pigs which have been
slaughtered within 12 hours of arrival at the slaughterhouse
and which originate from:

(a) a surveillance zone established in the areas listed in
Annex I(A) to this Decision, in accordance with Article
9(1) of Directive 2001/89/EC and around a protection
zone where:

(i) no outbreak of classical

swine fever has been
detected during a period of 21 days prior to the
movement of
the pigs to the slaughterhouse and
where at least 21 days have elapsed following the

(b) does not on the same day, accept pigs for slaughter,
other than the pigs referred to in paragraphs 1 and 2.

Germany shall ensure that the vehicles used for the
referred to in paragraph 2 are

4.
transport of
cleaned and disinfected twice after each transport.’

the pigs

3. The following Article 4a is inserted:

‘Article 4a

Germany shall ensure that for pigmeat referred to in

1.
Article 3a of this Decision:

(a) a certificate is issued in accordance with the Annex to
Commission Regulation
and
completed by the official veterinarian with the animal
health attestation as set out in Annex III to this Decision;

599/2004

(EC) No

(b) it must be accompanied by the certificate referred to in

paragraph (a).

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Official Journal of the European Union

3.6.2006

Germany shall ensure that the Commission and the
2.
Member States are provided with the following information
concerning the pigs referred to in Article 3a:

possible pig holdings situated in the protection zone of
a confirmed outbreak in the municipality of Borken in
North Rhine-Westphalia are preventively emptied from
all pigs;

(a) before the slaughtering of

the name and
the pigs,
the slaughterhouses designated to receive

location of
the pigs for slaughter;

(b) after the slaughtering of the pigs, on a weekly basis, a

report which contains information on:

(i)

the number of the pigs slaughtered at the designated
slaughterhouses;

(ii) the identification system and movement controls
required in
of Directive

applied to slaughter
accordance with Article 11(1)(f)
2001/89/EC.’

the pigs,

as

4. Article 5 is replaced by the following:

(e)

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

(f)

the measures in case of suspicion of the presence of
classical swine fever in pigs on a holding are applied
as necessary,
in accordance with Article 4(3)(a) of
Directive 2001/89/EC;

(g) an appropriate information campaign is addressed to pig

farmers.

The measures referred to in paragraph 1(d) of this
to Decision
taken without prejudice

shall be

2.
Article
90/424/EEC.’

‘Article 5

5. The following Article 5a is inserted:

1.

Germany shall ensure that:

(a)

in the areas listed in Annex I(A), at least the services
provided by persons in direct contact with pigs or
requiring entrance to the housing areas for pigs and
the use of vehicles for transport of pigs and vehicles
for transport of feed, manure or dead animals to and
from pig holdings, are limited to those areas and are not
shared with other parts of the Community;

(b) if the areas listed in Annex I(A) are divided in defined
risk-based zones the provisions of paragraph (a) are
limited to these zones;

(c)

the persons and vehicles referred to in point (a) may
provide services outside the areas listed in Annex I(A)
or the risk-based zones following the thorough cleansing
and disinfection of the vehicles, equipment and any other
fomite and a minimum absence of any contact with pigs
in
or pig holdings of at
three days; contact
least
connection with transport carried out pursuant
to
Article 2(2)(a) are deemed to have taken place within
that defined zone or those defined zones;

‘Article 5a

Without prejudice to the measures provided for in Directive
2001/89/EC and in particular Articles 10(4) and 11(3)
thereof, Germany shall ensure that in the areas listed in
Annex I(A):

(a)

the measures in the protection and surveillance zones
continue to apply until at least 40 days have elapsed
following the completion of preliminary cleaning and
disinfection measures on the infected holdings;

(b) pigs on all holdings in the surveillance zones have, in
referred to in Article
addition to the examinations
the
11(3)(b) of Directive 2001/89/EC and before
measures provided for
in Directive 2001/89/EC are
withdrawn in the surveillance zone, undergone clinical
and laboratory examinations carried out in accordance
with Chapter
to Decision
2002/106/EC; those examinations must not take place
before 30 days have elapsed following the completion of
preliminary cleaning and disinfection measures on the
infected holdings.’

the Annex

IV(F)

of

(d) without prejudice

to the measures

framework of Directive 2001/89/EC,

taken in the
soon as

as

6. Article 6 is replaced by the following:

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Official Journal of the European Union

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‘Article 6

Article 2

Member States, other than Germany, shall ensure that:

(a) no pigs are sent to holdings and slaughterhouses in the

areas listed in Annex I(A);

(b) within their territory, persons and vehicles referred to in
point (a) of Article 5(1) comply with the restrictions set
out in that point and only provide services in accordance
with point (c) of that Article.’

7. Annex II to Decision 2006/346/EC is replaced by the text in

the Annex I to this Decision.

8. The text
Annex III.

in the Annex II

to this Decision is added as

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

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 May 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

ANNEX I

‘ANNEX II

In accordance with Article 5(1)(e), Germany shall ensure that in the areas listed in Annex I 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.’

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ANNEX II

‘ANNEX III