2006/805/EC: Commission Decision of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (notified under document number C(2006) 5538)   (Text with EEA relevance)
Date: 2006-11-24
Institutions: European Commission
Subjects: Bulgaria, France, Germany, Slovakia, animal plague, export restriction, health control, health legislation, swine, zootechnics

25.11.2006

EN

Official Journal of the European Union

L 329/67

COMMISSION DECISION

of 24 November 2006

concerning animal health control measures

relating to classical

swine fever

in certain

Member States

(notified under document number C(2006) 5538)

(Text with EEA relevance)

(2006/805/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

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 89/662/EEC of 11
in intra-
December 1989 concerning
Community trade with a view to the completion of
the
internal market (2), and in particular Article 9(4) thereof,

veterinary

checks

Whereas:

(1)

Council Directive 2001/89/EC of 23 October 2001 on
Community measures for the control of classical swine
fever (3) introduces minimum Community measures for
the control of that disease. It lays down the measures to
be taken in the event of an outbreak of classical swine
fever. Those measures include plans by Member States
for the eradication of classical swine fever from a feral
pig population and emergency vaccination of feral pigs
under certain conditions.

(1) 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).

(2) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive
2004/41/EC of the European Parliament and of the Council
(OJ
L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004,
p. 12).

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

Accession

Commission Decision 2003/526/EC of 18 July 2003
concerning protection measures
relating to classical
swine fever in certain Member States (4) was adopted in
response to outbreaks of classical swine fever in those
Member States. That Decision establishes disease control
measures concerning classical swine fever in areas of
those Member States where that disease is present in
feral pigs in order to prevent the spread of the disease
to other areas of the Community.

Those Member States should take appropriate measures
to prevent the spread of classical swine fever. Therefore,
they submitted to the Commission eradication plans and
emergency vaccination plans against that disease with the
measures necessary to eradicate the disease in the areas
defined in their plans as infected and with the necessary
measures to be applied on the pig holdings in those
areas.

Given the epidemiological situation in certain areas of
Germany, France and Slovakia, it is appropriate that the
disease control measures concerning restrictions on the
live pigs, porcine semen and ova and
dispatch of
embryos of
in Decision
2003/526/EC for those Member States, should also be
laid down in the present Decision.

as provided for

swine,

In addition, classical swine fever has been found in
Bulgaria in the feral pig population and in pigs in
holdings and it
is still suspected to be endemic in
those populations. Accordingly, taking into account the
Accession of Bulgaria provision should be made with
regard to classical swine fever as from the date of
Accession.

Bulgaria has taken appropriate measures to control that
disease in accordance with the measures provided for in
Directive 2001/89/EC and has submitted a plan for the
eradication of classical swine fever in feral pigs and a
plan for the emergency vaccination of feral pigs in the
whole
the
Commission.

territory of Bulgaria

approval by

for

(3)

(4)

(5)

(6)

(4) OJ L 183, 22.7.2003, p. 46. Decision as last amended by Decision

2006/327/EC (OJ L 120, 5.5.2006, p. 24).

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(7)

(8)

(9)

Following the epidemiological situation of the disease in
Bulgaria, it is appropriate to provide for disease control
measures concerning the whole territory of that country
in this Decision.

and meat products

it is appropriate in order to prevent the
In addition,
spread of classical swine fever to other areas of
the
Community, to provide in this Decision for a prohibition
fresh meat of pigs, and meat
on the dispatch of
preparations
consisting of, or
containing meat of pigs from Bulgaria. Such pigmeat
and pigmeat products and preparations
should be
marked with special marks which cannot be confused
with the health marks for pigmeat provided for in Regu-
lation (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 for human consumption (5)
and the identification mark provided for in Regulation
(EC) No 853/2004 of the European Parliament and of
the Council of 29 April 2004 laying down specific
hygiene rules for food of animal origin (6). However, it
is appropriate that such pigmeat preparations and meat
products consisting of, or containing meat of pigs may
be dispatched to other Member States if they are treated
in such a way that any classical swine fever virus present
is destroyed.

interests of

and meat products

In the
ensuring compliance with this
Decision, where a Member State is subject to a prohi-
bition on the dispatch of fresh meat of pigs, and meat
consisting of, or
preparations
containing meat of pigs
its
territory,
down certain
for
requirements,
the dispatch of such meat, preparations and products
from other areas of the territory of that Member State
not subject to that prohibition.

in particular as regards certification,

from certain parts of

this Decision should

lay

(10) Decision 2003/526/EC has been amended several times.
Therefore it is appropriate to repeal that Decision and
replace it by the present Decision.

(11)

(12)

The Decision should be reviewed on the basis of the
evolution of the classical swine fever situation in the
Member States and in particular nine months after the
date of Accession of Bulgaria.

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

in this Decision are in
Standing
the

opinion

the

of

(5) OJ L 139, 30.4.2004, p. 206; corrected version (OJ L 226,
25.6.2004, p. 83). Regulation as last amended by Commission
Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).
(6) OJ L 139, 30.4.2004, p. 55; corrected version (OJ L 226, 25.6.2004,
p. 22). Regulation as last amended by Commission Regulation (EC)
No 2076/2005.

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

This Decision lays down certain control measures in relation to
classical swine fever in Bulgaria, Germany, France and Slovakia
(‘the Member States concerned’).

It shall apply without prejudice to the plans for the eradication
of classical swine fever and the emergency vaccination plans
against that disease approved in accordance with Commission
Decisions 2003/135/EC (7), 2004/832/EC (8), 2005/59/EC (9)
and 2006/800/EC (10).

Article 2

Prohibition on the dispatch of live pigs from the areas
listed in the Annex

The Member States concerned shall ensure that no live pigs are
dispatched from its territory to other Member States unless the
pigs come from:

(a) areas outside those listed in the Annex; and

(b) a holding where no live pigs proceeding from the areas
listed in the Annex have been introduced during the 30-
day period immediately prior to the date of dispatch.

Article 3

Movement and transit of pigs in the Member States
concerned

The Member States concerned shall ensure that no live
1.
pigs are dispatched from holdings located within the areas
listed in the Annex to other areas in the territory of the same
Member State, except:

(a)

from holdings where a clinical examination and serological
tests for classical swine fever have been carried out with
negative results, in accordance with Article 8(1)(b) and (c);

(b) pigs

to be moved directly to slaughterhouses

for

the

purpose of immediate slaughter.

(7) OJ L 53, 28.2.2003, p. 47.
(8) OJ L 359, 4.12.2004, p. 62.
(9) OJ L 24, 27.1.2005, p. 46.
(10) OJ L 325, 24.11.2006, p. 35.

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The Member States concerned shall ensure that the transit
2.
of pigs through the areas listed in the Annex only takes place
via major roads or railways, without any stops by the vehicle
transporting the pigs.

Article 4

Prohibition on the dispatch of consignments of porcine
semen and ova and embryos of swine from the areas
listed in the Annex

The Member State concerned shall ensure that no consignments
of
the following are dispatched from its territory to other
Member States:

(a) porcine semen, unless the semen originates from boars kept
at an approved collection centre as referred to in point (a)
of Article 3 of Council Directive 90/429/EEC (11) and
situated outside the areas listed in the Annex to this
Decision;

(b) ova and embryos of swine, unless the ova and embryos
originate from swine kept in holdings situated outside the
areas listed in the Annex.

Article 5

Prohibition on the dispatch of certain consignments from
areas listed in Part III of the Annex and special health
marks

The Member States concerned with areas listed in Part III of the
Annex shall ensure that:

(a) no consignments of

fresh meat of pigs from holdings
located in the areas listed in Part III of the Annex, and
meat preparations and meat products consisting of, or
containing meat of those pigs are dispatched from those
areas to other Member States;

Article 6

Health certification requirements for the Member States
concerned

The Member State concerned shall ensure that the health certi-
ficate provided for in:

(a) Article 5(1) of Council Directive 64/432/EEC (12) accom-
shall be

panying pigs dispatched from its
completed by the following:

territory,

in

‘Animals
accordance with Commission Decision
2006/805/EC of 24 November 2006 concerning animal
health control measures relating to classical swine fever in
certain Member States.’

(b) Article 6(1) of Directive 90/429/EEC accompanying boar
semen dispatched from its territory, shall be completed by
the following:

in

accordance with

‘Semen
Commission Decision
2006/805/EC of 24 November 2006 concerning animal
health control measures relating to classical swine fever in
certain Member States.’

(c) Article 1 of Commission Decision 95/483/EC (13) accom-
panying embryos and ova of swine dispatched from its
territory, shall be completed by the following:

‘Embryos/ova (*) in accordance with Commission Decision
2006/805/EC of 24 November 2006 concerning animal
health control measures relating to classical swine fever in
certain Member States.

(b) the fresh meat and meat preparations and meat products
referred to in point (a) of this Article are marked with a
special health mark that cannot be oval and cannot be
confused with:

___________
(*) Delete as appropriate.’

Article 7

— the identification mark for meat preparations and meat
products consisting of, or containing meat of pigs,
provided for in Annex II, Section I to Regulation (EC)
No 853/2004; and

— the health mark for fresh pigmeat provided for in Annex
I, Section I, Chapter III to Regulation (EC) No 854/2004.

Certification requirements concerning Member States with
areas listed in Part III of the Annex

The Member State with areas listed in Part III of the Annex to
this Decision shall ensure that fresh meat of pigs, and meat
preparations and meat products consisting of, or containing
meat of pigs, to which the prohibition provided for in Article
5 does not apply and that are dispatched to other Member
States:

(11) OJ L 224, 18.8.1990, p. 62.

(12) OJ 121, 29.7.1964, p. 1977/64.
(13) OJ L 275, 18.11.1995, p. 30.

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(a) are subjected to the veterinary certification in accordance
with Article 5(1) of Council Directive 2002/99/EC (14); and

A of Chapter IV of the Annex to Commission Decision
2002/106/EC (16) and in points 1, 2 and 3 of Part D of
Chapter IV of that Annex; and

(b) are accompanied by the appropriate intra-Community trade
health certificate laid down by Article 1 of Commission
Regulation (EC) No 599/2004 (15) of which Part II shall
be completed by the following:

‘Fresh meat of pigs, and meat preparations and meat
products consisting of, or containing meat of pigs,
in
accordance with Commission Decision 2006/805/EC of
24 November 2006 concerning animal health control
measures
in certain
Member States.’

relating to classical

swine

fever

Article 8

Requirements concerning holdings and transport vehicles
in the areas listed in the Annex

The Member State concerned shall ensure that:

(a)

the provisions laid down in the second and the fourth to
seventh indents of Article 15(2)(b) of Directive 2001/89/EC
are applied in the pig holdings located within the areas
listed in the Annex to this Decision;

(b) vehicles which have been used for the transport of pigs
proceeding from holdings located within the areas listed
in the Annex to this Decision are cleaned and disinfected
immediately following each operation and the transporter
provides proof of such disinfection.

Article 9

Derogations concerning the dispatch of pigs from areas
listed in Part I of the Annex

By way of derogation from Article 2 and subject to the
1.
prior approval of the Member State of destination, the dispatch
of pigs coming from holdings located within the areas listed in
Part I of the Annex to holdings or slaughterhouses located in
other areas listed in that Part of the Annex may be authorised
by the Member State of dispatch, provided that such pigs come
from a holding where:

(a) no live pigs have been introduced during the 30-day period

immediately prior to the date of dispatch;

(c) serological tests for classical swine fever have been carried
out with negative results on samples collected from the
consignment of pigs to be dispatched, during the seven-
day period immediately prior to the date of dispatch; the
minimum number of pigs to be sampled must be sufficient
to allow for the detection of 10 % seroprevalence with 95 %
confidence in the consignment of pigs to be dispatched.

However, point (c) shall not apply to pigs to be dispatched
directly to slaughterhouses
immediate
for
slaughter.

the purpose of

2. When dispatching the pigs referred to in paragraph 1 of
this Article, the Member States concerned shall ensure that the
health certificate referred to in point (a) of Article 6 includes
additional
the clinical
information concerning the dates of
examination, sampling and serological testing as provided for
in paragraph 1 of this Article, the number of samples tested, the
type of test used and the results of the tests.

Article 10

Derogations concerning certain consignments from areas
listed in Part III of the Annex

By way of derogation from Article 5,
the Member States
concerned with areas listed in Part
the Annex may
fresh meat of pigs, and meat
authorise the dispatch of
products and preparations consisting of, or containing meat
of pigs
to other
Member States if the products:

located in those areas,

from holdings

III of

(a) have been produced and processed in compliance with

Article 4(1) of Council Directive 2002/99/EC;

(b) are subjected to the veterinary certification in accordance

with Article 5 of Directive 2002/99/EC; and

(c) are accompanied by the appropriate intra-Community trade
health certificate as laid down by Commission Regulation
(EC) No 599/2004 of which Part II shall be completed by
the following:

(b) a clinical examination for classical swine fever has been
carried out by an official veterinarian in accordance with
the checking and sampling procedures laid down in Part

in

‘Product
accordance with Commission Decision
2006/805/EC of 24 November 2006 concerning animal
health control measures relating to classical swine fever in
certain Member States.’

(14) OJ L 18, 23.1.2003, p. 11.
(15) OJ L 94, 31.3.2004, p. 44.

(16) OJ L 39, 9.2.2002, p. 71.

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Article 11

Information requirements of the Member States concerned

Article14

Applicability

in the

framework of

The Member States concerned shall inform the Commission and
the Standing
the Member States,
Committee on the Food Chain and Animal Health, of
the
results of the sero-surveillance for classical swine fever carried
out in the areas listed in the Annex, as provided for in the plans
for the eradication of classical swine fever or in emergency
vaccination plans
approved by the
Commission and referred to in the second paragraph of
Article 1.

that disease

against

Article 12

Compliance

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

Article 13

Repeal

Decision 2003/526/EC is repealed.

This Decision shall apply only subject to and from the date of
entry into force of the Treaty of Accession of Bulgaria and
Romania.

It shall apply for a period of nine months.

Article 15

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 24 November 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

PART I

1. Germany

A. Rhineland-Palatinate:

1. In the ‘Eifel’ part:

(a) the Kreis: Südliche Weinstraße;

(b) the cities of: Landau and Pirmasens;

(c) in the Kreis Germersheim: the municipalities Lingenfeld, Bellheim and Germersheim;

(d) in the Kreis Südwestpfalz:

the municipalities Waldfischbach-Burgalben, Rodalben, Hauenstein, Dahner-
localities Schmitshausen, Herschberg,
Felsenland, Pirmasens-Land and Thaleischweiler-Fröschen,
Schauerberg, Weselberg, Obernheim-Kirchenarnbach, Hettenhausen, Saalstadt, Wallhalben and Knopp-
Labach.

the

2. In the ‘Pfalz’ part:

(a)

the Kreise: Ahrweiler and Daun;

(b) in the Kreis Bitburg-Prüm: the municipality Prüm, the localities Burbach, Balesfeld and Neuheilenbach (in the

municipality Kyllburg);

(c)

in the Kreis Cochem-Zell: the municipalities Kaisersesch and Ulmen;

(d) in the Kreis Mayen-Koblenz: the municipality Vordereifel, the municipality Mendig in the west of the
motorway A 61 and the Bundesstrasse B 262 and the city Mayen in the west of the Bundesstrasse
B 262 and in the north of the Bundesstrasse 258.

B. North Rhine-Westfalia

(a) in the Kreis Euskirchen: the cities Bad Münstereifel, Mechernich, Schleiden and the localities Billig, Euenheim,
Euskirchen, Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten, Niederkastenholz, Palmersheim, Rheder,
Roitzheim, Schweinheim, Stotzheim, Wißkirchen (in the city Euskirchen), the municipalities Blankenheim,
Dahlem, Hellenthal, Kall and Nettersheim;

(b) in the Kreis Rhein-Sieg: the cities Meckenheim and Rheinbach, the municipality Wachtberg, the localities
Witterschlick, Volmershofen, Heidgen (in the municipality Alfter) and the localities Buschhoven, Morenhoven,
Miel and Odendorf (in the municipality Swisttal);

(c) the city Aachen: south of the motorways A4, A544 and the Bundesstrasse B1;

(d) the city Bonn: south of the Bundesstrasse 56 and the motorway A 565 (Bonn-Endenich to Bonn-Poppelsdorf)

and southwest of the Bundesstrasse 9;

(e) in the Kreis Aachen: the cities Monschau and Stolberg, the municipalities Simmerath and Roetgen;

(f) in the Kreis Düren: the cities Heimbach and Nideggen, the municipalities Hürtgenwald and Langerwehe.

2. France:

The territory of the Department of Bas-Rhin and Moselle located west of the Rhine and the channel Rhine Marne,
north of the motorway A 4, east of the river Sarre and south of the border with Germany and the municipalities
Holtzheim, Lingolsheim and Eckbolsheim.

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PART II

Slovakia:
The territory of the District Veterinary and Food Administrations (DVFA) of Trenčín (comprising Trenčín and Bánovce
nad Bebravou districts), Prievidza (comprising Prievidza and Partizánske districts), Púchov (comprising Ilava district only),
Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen,
Krupina and Detva districts), Lučenec (comprising Lučenec and Poltár districts) and Veľký Krtíš.

Bulgaria:

The whole territory of Bulgaria.

PART III