2006/411/EC: Commission Decision of  14 June 2006  amending Decision 2006/346/EC concerning certain protection measures relating to classical swine fever in Germany  (notified under document number C(2006) 2323)   (Text with EEA relevance)
Date: 2006-06-14
Institutions: European Commission
Subjects: Germany, animal plague, derogation from EU law, health control, swine, trade restriction

L 163/12

EN

Official Journal of the European Union

15.6.2006

COMMISSION DECISION

of 14 June 2006

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

(notified under document number C(2006) 2323)

(Text with EEA relevance)

(2006/411/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,

Whereas:

(1)

(2)

(3)

(4)

(5)

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 Council Directive
2001/89/EC of 23 October 2001 on Community
measures for the control of classical swine fever (2).

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 (3) was adopted in
order to maintain and extend the measures taken by
Germany pursuant to Directive 2001/89/EC.

swine

fever

Based on the recent information provided by Germany, it
is appropriate to amend those protection measures
relating to classical swine fever in that Member State
in particular as regards
provided for in that Decision,
the parts of North Rhine-Westphalia where
those
measures apply.

It is also appropriate to provide for derogations for the
movements of pigs from certain holdings which have
received live pigs in those parts of North Rhine-West-
phalia concerned by classical swine fever.

is necessary to extend the application of Decision
It
2006/346/EC and at
time and without
prejudice to the restrictions applied in accordance with
Directive 2001/89/EC to make provisions to adapt the
restricted areas to the actual disease situation.

same

the

(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 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of

Accession.

(3) OJ L 128, 16.5.2006, p. 10. Decision amended by Decision

2006/391/EC (OJ L 150, 3.6.2006, p. 24).

(6)

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/346/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

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

(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 March 2006
from a holding located in the areas listed in Annex I.’

2. Article 2 is replaced by the following:

‘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 holdings within the

areas listed in Annex I(A);

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

15.6.2006

EN

Official Journal of the European Union

L 163/13

— via major roads or railways, and

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

(ii) on which the clinical examinations carried out in
accordance with Chapter IV(D)(2) and the second to
fourth paragraph of Chapter IV(D)(4)of the Annex to
Decision 2002/106/EC have been completed with
negative results.

(c) By way of derogation from point (b)(i), Germany may:

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

(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 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-
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 examinations carried out in
accordance with Chapter
the Annex to
Decision 2002/106/EC have been completed with
negative results;

IV(D)(3) of

for

(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 of
origin which:

(i)

reduce the 45-day period to a 20-day period,
provided that during the six-month period imme-
diately prior to the date of dispatch of the pigs the
holding of origin referred to in point (b) has not
received any other pigs, other than gilts, from one
and the same single holding; or

(ii) suspend the application of the condition provided for
in paragraph 2(b)(i), if the holding of origin referred
to in that paragraph has not received any other pigs,
that have been subjected to
other
laboratory tests,
taken
within 10 days of
the date of dispatch, with
negative results for the following:

carried out on samples

than gilts,

— a test for the detection of antibodies, and

— two consecutive tests at seven days interval for
the detection of the classical swine fever virus
genome (RT-PCR) carried out
in the national
reference laboratory.

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:

(a) such transport
conditions
Directive 2001/89/EC;

takes place in accordance with the
in Article 11(1)(f) and Article 11(2) of

(b) 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.

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

4.
By way derogation from paragraph 1(a), the competent
authority may authorise the direct transport of pigs from a
holding situated within a surveillance zone to a designated
holding in the protection zone, provided that:

L 163/14

EN

Official Journal of the European Union

15.6.2006

(a) the designated holding of destination is situated at least
10 km from the national border with another Member
State and no pigs have been present on that holding for
at least 21 days following the date of completion of the
cleaning and disinfection in accordance with Article 12
of Directive 2001/89/EC;

(b) the designated holding of destination has undergone a
third cleansing and disinfection under veterinary super-
vision prior to the introduction of the pigs;

(c) all the pigs arrive at the designated holding of destination

within a period of 20 days;

Directive 2001/89/EC around outbreaks Borken-01,
Borken-02 and Borken-03.”;

(e) Part B of Annex I is deleted.

This paragraph shall apply from 1 July 2006.

2.

This Decision shall apply until 31 July 2006.

However, the measures provided for in this Decision may no
longer be applied from the date that:

(d) pigs

in the designated holding of destination are
subjected to a serological examination in accordance
with Chapter
to Decision
2002/106/EC, carried out on samples taken not earlier
than 40 days following the date of the arrival of the last
pigs referred to in point (c);

the Annex

IV(E)

of

(e) no pigs leave the designated holding of destination
except, following the examination referred to in point
(d) for direct slaughter in a slaughterhouse situated in
the areas listed in Annex I(A).

The competent authority in Germany shall record all such
transports of pigs and immediately notify the Commission
thereof in the Standing Committee on the Food Chain and
Animal Health.’

3. Article 8 is replaced by the following:

‘Article 8

1.

Decision 2006/346/EC shall be amended as follows:

(a) all

the holdings

referred to in Article 2(4)(a) have
undergone the serological examinations, provided for in
Article 2(4)(d), and obtained negative results; and

(b) Germany has notified the Commission and the other

Member States of such negative results.

3.
For the purpose of paragraph 1, on 30 June 2006
Germany shall confirm to the Commission and the other
Member States that:

(a) it has complied with the conditions of this Decision; and

(b) since the date of adoption of this Decision no further
outbreak of classical swine fever has been suspected or
occurred in the areas listed in Annex I.

Following

confirmation of

compliance with the
4.
conditions referred to in paragraph 3, Member States shall
amend the measures they apply to trade so as to bring them
into compliance with this Decision.’

(a) Article 2(1)(b) is deleted;

4. Annex I to Decision 2006/346/EC is replaced by the text in

the Annex to this Decision.

(b) in Article 2(2)(b),

the words “within those areas” are

replaced by the words “in Germany”;

(c) in Article 2(4)(e), the words “slaughterhouses situated in
the areas listed in Annex I(A)” are replaced by the words
“designated slaughterhouses situated in the Regierungs-
bezirk Münster”;

(d) Part A of Annex I is replaced by the following:

“A. In North Rhine-Westphalia,

the
surveillance zone established in accordance with

area

the

of

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 14 June 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

15.6.2006

EN

Official Journal of the European Union

L 163/15

ANNEX

‘ANNEX I

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

A. In North Rhine-Westphalia: the whole territory of the Regierungsbezirk Münster and the territory of the Regierungs-

bezirk Düsseldorf, north of the Rhine and the motorway BAB 2.

B.

In North Rhine-Westfalia: the whole territory of the Regierungsbezirk Arnsberg and the territory of the Regierungs-
bezirk Düsseldorf, south of the Rhine and the motorway BAB 2.’