2008/855/EC: Commission Decision of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (notified under document number C(2008) 6349) (Text with EEA relevance)
Date: 2008-11-03
Institutions: European Commission
Subjects: Bulgaria, France, Germany, Slovakia, animal plague, artificial insemination, fresh meat, health certificate, live animal, pigmeat, swine, trade restriction, veterinary inspection

13.11.2008

EN

Official Journal of the European Union

L 302/19

COMMISSION DECISION

of 3 November 2008

concerning animal health control measures relating to classical swine fever in certain Member
States

(notified under document number C(2008) 6349)

(Text with EEA relevance)

(2008/855/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

where that disease is present in feral pigs in order to
prevent the spread of the disease to other areas of the
Community.

Having regard to the Treaty
Community,

establishing the European

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

to

regard

Council Directive

Having
of
11 December 1989 concerning veterinary checks in intra-
Community trade with a view to the completion of
the
internal market (1), and in particular Article 9(4) thereof,

89/662/EEC

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

Whereas:

(1)

(2)

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.

Commission Decision 2006/805/EC of 24 November
animal health control measures
2006 concerning
relating to classical
in certain Member
swine fever
States (4) was adopted in response to outbreaks of
classical
in those Member States. That
Decision establishes disease control measures concerning
classical swine fever in areas of those Member States

swine fever

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) OJ L 316, 1.12.2001, p. 5.
(4) OJ L 329, 25.11.2006, p. 67.

(3)

(4)

(5)

(6)

(7)

Those Member States are required to 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 setting out the measures necessary to eradicate
the disease in the areas defined in their plans as
infected and setting out the necessary measures to be
applied on the pig holdings in those areas.

Different epidemiological situations regarding classical
swine fever are registered in Member States or areas
thereof. In the interest of clarity of Community legis­
it is therefore appropriate to provide for three
lation,
distinct lists of areas, according to the epidemiological
situation of each.

live pigs from
As a general rule, since movement of
infected areas poses higher
risks than movement of
meat, meat preparations and meat products, movement
of live pigs from the Member States concerned should be
prohibited.

Semen, ova and embryos originating from infected
animals may contribute to the spread of classical swine
in order to prevent the
fever virus.
the
spread of classical swine fever to other areas of
Community to prohibit the dispatch of semen, ova and
embryos from areas listed in the Annex to this Decision.

It is appropriate,

It is appropriate that one list sets out the Member States
and areas where the epidemiological situation of classical
swine fever is the most favourable and therefore by way
of derogation from the general ban live pigs may be
dispatched to other restricted areas, subject to certain
safeguard measures. Additionally,
from
holdings located in those areas, and meat preparations
and meat products consisting of, or containing meat of
those pigs may be dispatched to other Member States.

fresh pigmeat

L 302/20

EN

Official Journal of the European Union

13.11.2008

(8)

Certain areas affected by classical swine fever in feral pigs
are divided by national borders and comprise neigh­
bouring territories of two Member States. The disease
control measures
the
dispatch of live pigs, within affected neighbouring areas
situated in two different Member States should also be
laid down.

concerning

restrictions

on

(9)

Given the epidemiological situation in certain areas of
Hungary and Slovakia it
they are
included on that first list of areas.

is appropriate that

(10) A second list should set out the areas where the epide­
miological situation in the wild boar population or in pig
holdings is less favourable due to sporadic outbreaks.
From these areas no live pigs but fresh pigmeat from
holdings considered to be safe, and meat preparations
and meat products consisting of, or containing meat of
those pigs may be dispatched to other Member States
subject to certain additional safeguard measures which
should be laid down in the present Decision.

(13)

In order to prevent the spread of classical swine fever to
other areas of the Community, where a Member State is
subject to a prohibition on the dispatch of fresh pigmeat,
and meat preparations and meat products consisting of,
or containing pigmeat from certain parts of its territory,
certain requirements should be laid down, in particular as
the dispatch of such meat,
regards certification,
preparations and products
the
from other areas of
territory of that Member State not subject to that prohi­
bition.

for

(14) Decision 2006/805/EC has been amended several times.
Therefore it is appropriate to repeal that Decision and
replace it by the present Decision.

(15)

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:

(11) A third list should include the areas from which neither
live pigs nor fresh pigmeat and meat products may in
general be dispatched to other Member States. However,
it is appropriate that such pigmeat preparations and meat
products consisting of, or containing pigmeat may be
dispatched to other Member States if they are treated
in such a way that any classical swine fever virus
present is destroyed.

Article 1

Subject matter and scope

This Decision lays down certain control measures in relation to
classical swine fever in the Member States or regions thereof as
set out in the Annex (the Member States concerned).

(12)

such pigmeat

the dispatch of

to provide that

it is appropriate,

in order to prevent the
In addition,
the
spread of classical swine fever to other areas of
Community,
fresh
pigmeat, and meat preparations and meat products
consisting of, or containing meat of pigs from Member
States with areas included on that third list is subject to
certain conditions.
and
In particular
pigmeat products and preparations should be marked
with special marks which cannot be confused with the
health marks for pigmeat provided for 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 for human consumption (1) 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 (2).

It shall apply without prejudice to the plans for the eradication
of classical swine fever and the emergency vaccination plans
against that disease approved by the Commission.

Article 2

Prohibition on the dispatch of live pigs from the areas
listed in the Annex to other Member States

The Member States concerned shall ensure that live pigs are
dispatched from their territories to other Member States only
if the pigs come from:

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

(1) OJ L 139, 30.4.2004, p. 206. Corrected by OJ L 226, 25.6.2004,

p. 83.

(2) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,

p. 22.

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

13.11.2008

EN

Official Journal of the European Union

L 302/21

Article 3

Article 4

Derogations concerning the dispatch of live pigs between
Member States from areas listed in Part I of the Annex

Movement and transit of live pigs in the Member States
concerned

By way of derogation from Article 2, the dispatch of live
1.
pigs originating from holdings located within an area listed in
Part I of the Annex to holdings or slaughterhouses located in an
area listed in that Part of the Annex and belonging to another
Member State may be authorised by the Member State of
dispatch, provided that such pigs come from a holding where:

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

immediately prior to the date of dispatch;

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

(c) polymerase chain reaction tests for classical swine fever
according to Part C of Chapter VI of
the Annex to
Decision 2002/106/EC have been carried out with
negative results on blood 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 5 % prevalence with 95 %
confidence in the consignment of pigs to be dispatched.

However, point (c) shall not apply:

(a) pigs

to be moved directly to slaughterhouses

for

the

purpose of immediate slaughter;

(b) from holdings where:

(i) a clinical examination and polymerase chain reaction
tests for classical swine fever have been carried out
with negative results in accordance with Article 3(1)(b)
and (c); or

(ii) a clinical examination has been carried out with negative
the competent veterinary
the place of destination gives its prior

results and provided that
authority of
approval.

2.
The Member States concerned dispatching pigs from areas
listed in Part I of the Annex to other areas listed in that Part of
the Annex shall ensure that the transport of pigs takes place
only via major roads or railways, without any stops by the
vehicle transporting the pigs, without prejudice to Council
Regulation (EC) No 1/2005 (2).

(i) to pigs dispatched directly to slaughterhouses

for

the

Article 5

purpose of immediate slaughter;

(ii) to pigs dispatched to a neighbouring area of a Member

State listed in Part I of the Annex;

(iii) when the Member State of destination gives its prior

approval.

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 Article 9(a) includes additional
information concerning the dates of the clinical examination,
and,
if appropriate, the number of animal sampled and the
results of the polymerase chain reaction test as provided for
in paragraph 1 of this Article.

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 Article 3(a)
of Council Directive 90/429/EEC (3) 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.

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

(2) OJ L 3, 5.1.2005, p. 1.
(3) OJ L 224, 18.8.1990, p. 62.

L 302/22

EN

Official Journal of the European Union

13.11.2008

Article 6

Article 7

Dispatch of fresh pigmeat and of certain meat preparations
and meat products from areas listed in Part II of the Annex

The Member States concerned with areas listed in Part II
1.
of the Annex shall ensure that consignments of fresh pigmeat
from holdings located in those areas, and meat preparations and
meat products consisting of, or containing meat of those pigs
are dispatched to other Member States only if:

Prohibition on the dispatch of fresh pigmeat and of certain
meat preparations and meat products from areas listed in
Part III of the Annex

the Annex shall ensure that no consignments of

The Member States concerned with areas listed in Part III
1.
of
fresh
pigmeat from holdings located in the areas listed in Part III of
the Annex, and meat preparations and meat products consisting
of, or containing such meat are dispatched from those areas to
other Member States.

(a) no evidence of classical swine fever has been recorded in the
previous 12 months in the holding in question and the
holding is located outside a protection or surveillance zone;

(b) the pigs have been resident for at least 90 days on the
holding and no live pigs have been introduced into the
holding during the 30-day period immediately prior to
the date of dispatch to the slaughterhouse;

(c)

the holding has been subjected at least twice a year to
inspections by the competent veterinary authority, which
must:

By way of derogation from paragraph 1, the Member
2.
III of the Annex
States concerned with areas listed in Part
may authorise the dispatch of
fresh pigmeat referred to in
paragraph 1 and meat products and preparations consisting
of, or containing such meat, to other Member States if the
products:

(a) have been produced and processed in compliance with

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

(i) follow the guidelines laid down in Chapter III of the

Annex to Decision 2002/106/EC;

(b) are subjected to the veterinary certification in accordance

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

(ii) include a clinical examination in accordance with the
checking and sampling procedures laid down in Part A
of Chapter IV of the Annex to Decision 2002/106/EC;

(c) are accompanied by the appropriate intra-Community trade
health certificate as laid down by Commission Regulation
(EC) No 599/2004 (2) of which Part II shall be completed by
the following:

(iii) check the effective application of the provisions laid
down in the second indent and in the fourth to
seventh indents of Article 15(2)(b) of Directive
2001/89/EC;

in

‘Product
accordance with Commission Decision
2008/855/EC of 3 November 2008 concerning animal
health control measures relating to classical swine fever in
certain Member States (*).

(d) before authorisation was given to dispatch the pigs to a
slaughterhouse, a clinical examination for classical swine
fever had been carried out by an official veterinarian in
accordance with the checking and sampling procedures
laid down in points 1, 2 and 3 of Part D of Chapter IV
of the Annex to Decision 2002/106/EC.

However,

2.
in the case that a holding consist of two or
more separate production units where the structure, size and
distance between these production units and the operation
carried out there are such that the production units provide
completely separate facilities for housing, keeping and feeding,
the competent veterinary authority may decide to authorise the
dispatch of fresh pigmeat, meat preparations and meat products
only from certain production units which fulfil the conditions
of Article 6(1).

___________
(*) OJ L 302, 13.11.2008, p. 19.’

Article 8

Special health marks and certification requirements for
fresh meat, meat preparations and meat products subject
to prohibition referred to in Article 7(1)

The Member States concerned with areas listed in Part III of the
Annex shall ensure that the fresh meat and meat preparations
to prohibition referred to in
and meat products
Article 7(1) shall be marked with a special health mark that
cannot be oval and cannot be confused with:

subject

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 94, 31.3.2004, p. 44.

13.11.2008

EN

Official Journal of the European Union

L 302/23

— the identification mark for meat preparations and meat
products consisting of, or containing pigmeat, provided
for
to Regulation (EC) No
853/2004, and

in Section I of Annex II

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

Article 9

Health certification requirements for the Member States
concerned

The Member State concerned shall ensure that the health cer­
tificate provided for in:

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

panying pigs dispatched from its
completed by the following:

territory,

Article 10

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

The Member States concerned with areas listed in Part III of the
Annex to this Decision shall ensure that fresh pigmeat, from
holdings located outside the areas listed in Part III of the Annex,
and meat preparations and meat products consisting of, or
containing such meat, to which the prohibition provided for
in Article 7(1) does not apply and that are dispatched to other
Member States:

(a) are subjected to the veterinary certification in accordance

with Article 5(1) of Directive 2002/99/EC; and

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

in

‘Animals
accordance with Commission Decision
2008/855/EC of 3 November 2008 concerning animal
health control measures relating to classical swine fever in
certain Member States (*).

‘Fresh pigmeat, and meat preparations and meat products
consisting of, or containing pigmeat,
in accordance with
Commission Decision 2008/855/EC of 3 November 2008
concerning animal health control measures
relating to
classical swine fever in certain Member States (*).

___________
(*) OJ L 302, 13.11.2008, p. 19.’

(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
2008/855/EC of 3 November 2008 concerning animal
health control measures relating to classical swine fever in
certain Member States (*).

___________
(*) OJ L 302, 13.11.2008, p. 19.’

(c) Article 1 of Commission Decision 95/483/EC (2) accom­
panying embryos and ova of swine dispatched from its
territory, shall be completed by the following:

___________
(*) OJ L 302, 13.11.2008, p. 19.’

Article 11

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

The Member States 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
originating from holdings located within the areas listed
in the Annex to this Decision are cleansed and disinfected
immediately following each operation and the transporter
provides proof of such cleansing and disinfection.

‘Embryos/ova (*) in accordance with Commission Decision
2008/855/EC of 3 November 2008 concerning animal
health control measures relating to classical swine fever in
certain Member States (**).

Article 12

Information requirements of the Member States concerned

___________
(*) Delete as appropriate.
(**) OJ L 302, 13.11.2008, p. 19.’

(1) OJ 121, 29.7.1964, p. 1977/64.
(2) OJ L 275, 18.11.1995, p. 30.

in the

framework of

The Member States concerned shall inform the Commission and
the Standing
the Member States,
the
Committee on the Food Chain and Animal Health, of
results of the 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 vacci­
nation plans against that disease approved by the Commission
and referred to in the second paragraph of Article 1.

L 302/24

EN

Official Journal of the European Union

13.11.2008

Article 13

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 adopted. They shall
immediately inform the Commission thereof.

Decision 2006/805/EC is repealed.

Article 14

Repeal

Article 15

Applicability

This Decision shall apply until 31 December 2009.

This Decision is addressed to the Member States.

Article 16

Addressees

Done at Brussels, 3 November 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

13.11.2008

EN

Official Journal of the European Union

L 302/25

ANNEX

PART I

1. Germany

A. Rhineland-Palatinate

(a) in the Kreis Ahrweiler: the municipalities Adenau and Altenahr;

in the municipality Daun the
(b) in the Landkreis Vulkaneifel: the municipalities Obere Kyll and Hillesheim,
localities Betteldorf, Dockweiler, Dreis-Brück, Hinterweiler and Kirchweiler,
in the municipality Kelberg the
localities Beinhausen, Bereborn, Bodenbach, Bongard, Borler, Boxberg, Brücktal, Drees, Gelenberg, Kelberg,
Kirsbach, Mannebach, Neichen, Nitz, Reimerath and Welcherath, in the municipality Gerolstein the localities
Berlingen, Duppach, Hohenfels-Essingen, Kalenborn-Scheuern, Neroth, Pelm and Rockeskyll and the City of
Gerolstein;

(c) in the Eifelkreis Bitburg-Prüm: in the municipality Prüm the localities Büdesheim, Kleinlangenfeld, Neuendorf,

Olzheim, Roth bei Prüm, Schwirzheim and Weinsheim.

B. North Rhine-Westfalia

(a) in the Kreis Euskirchen: the cities Bad Münstereifel, Mechernich, Schleiden,

in the city of Euskirchen the
localities of Billig, Euenheim, Euskirchen (centre), Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten,
Niederkastenholz, Palmersheim, Rheder, Roitzheim, Schweinheim, Stotzheim, Wißkirchen, and the municipa­
lities Blankenheim, Dahlem, Hellenthal, Kall and Nettersheim;

(b) in the Rhein-Sieg-Kreis: in the city of Meckenheim the localities Ersdorf and Altendorf, in the city of Rheinbach
the localities Oberdrees, Niederdrees, Wormersdorf, Todenfeld, Hilberath, Merzbach, Irlenbusch, Queckenberg,
Kleinschlehbach, Großschlehbach, Loch, Berscheidt, Eichen and Kurtenberg, in the municipality of Swisttal the
localities Miel and Odendorf.

2. France

The territory of the Departments 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.

3. Hungary

The territory of the county of Nógrád and the territory of the county of Pest located north and east of the Danube,
south of the border with Slovakia, west of the border with the county of Nógrád and north of the motorway E71, the
territory of the county of Heves located east of the border of the county of Nógrád, south and west of the border with
the county of Borsod-Abaúj-Zemplén and north of the motorway E71, and the territory of the county of Borsod-
Abaúj-Zemplén located south of the border with Slovakia, east of the border with the county of Heves, north and west
of the motorway E71, south of the main road No 37 (the part between the motorway E71 and the main road No 26)
and west of the main road No 26.

4. Slovakia

The territory of the District Veterinary and Food Administrations (DVFA) of Žiar nad Hronom (comprising the Žiar
nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising the Zvolen, Krupina and Detva districts),
Lučenec (comprising the Lučenec and Poltár districts), Veľký Krtíš (comprising the Veľký Krtíš district), Komárno
(comprising the Komárno district), Nové Zámky (comprising the Nové Zámky district), Levice (comprising the Levice
district) and Rimavská Sobota (comprising the Rimavská Sobota district).

Bulgaria

The whole territory of Bulgaria.

…

PART II

PART III