CELEX: 31986D0649
Language: en
Date: 1986-12-16 00:00:00
Title: 86/649/EEC: Council Decision of 16 December 1986 introducing a Community financial measure for the eradication of African swine fever in Portugal

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31986D0649

86/649/EEC: Council Decision of 16 December 1986 introducing a Community financial measure for the eradication of African swine fever in Portugal  

Official Journal L 382 , 31/12/1986 P. 0005 - 0008

COUNCIL DECISIONof 16  December 1986introducing a Community financial measure for the eradication of African swine fever  in Portugal(86/649/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas African swine fever has been present in Portugal for many years; Whereas, in order to prevent the disease from spreading to its territory, the Community granted  financial support for a period of five years by means of Council Decision 80/877/EEC of 15  September 1980 on financial aid from the Community for the eradication of African swine fever in  Portugal (3); Whereas the Act of Accession of Spain and Portugal sets as a specific objective to be achieved by  the Portuguese Republic that of continuing and intensifying the campaign against African swine  fever; Whereas as the efforts already made have served to stabilize the incidence of the disease; whereas  the resources deployed must, however, be maintained and reinforced in order to eradicate African  swine fever from the entire territory of Portugal and thus contribute to the establishment of the  internal market; Whereas the Portuguese authorities have appealed to the Community for a contribution towards the  expenditure involved in the continuation and reinforcement of the eradication programme undertaken  in 1981; Whereas, in order to benefit from the results obtained, this request should be granted so that the  systematic action already undertaken can be maintained and consolidated; Whereas the reinforced eradication plan must include measures ensuring the effectiveness of the  action undertaken; whereas a procedure closely associating the Member States and the Commission  should be introduced by means of which such measures can be adopted and adapted as the situation  develops; Whereas the Member States should be kept regularly informed of the proress of the measures  undertaken, HAS ADOPTED THIS DECISION: Article 1The Portuguese Republic shall draw up a reinforced plan for the  eradication of African swine fever and the restructuring of pig farms so as to protect the health  of their livestock. Article 2The plan referred to in Article 1 must, apart from an indication of the organization  that is to implement and coordinate it, provide for: 1. Measures to eliminate outbreaks of African swine fever, and more particularly: (a) the immediate slaughter and destruction of all pigs on those holdings where a clinical case of  African swine fever is diagnosed and on those holdings which, as a result of an epizootiological  investigation, can be considered as contaminated. Slaughter and destruction shall be effected in  such a way as to avoid any danger of spreading the virus; (b) the cleansing and disinfection of, and elimination of insect and rodent pests from, holdings  after the elimination of the pigs; (c) immediate and adequate compensation for the owners of holdings whose pigs have been slaughtered  in accordance with (a); (d) a delay for health reasons before restocking of holdings, the duration of such delay being at  least one month after slaughter and the completion of the operations provided for in paragraph (b)  for holdings operating in enclosed premises and at least three months for other holdings; (e) the gradual restocking of holdings by the prior introduction of 'sentinel' pigs, in which the  absence of African swine fever antibodies has been checked prior to their entry into the holding  and again one month later; (f) continuous serological surveillance of holdings until they are fully restocked. (1) OJ N° C 203, 12. 8. 1986, p. 8. (2) OJ N° C 322, 15. 12. 1986. (3) OJ N° L 250, 2. Measures for the surveillance of pig farms and the establishment of zones free  from African swine fever, and in particular: (a) seriological testing by rerpresentative samples from all pig farms in each region of  production. However, the following rules shall apply in the special cases described below: - in the case of breeding farms, multiplication farms or mixed closed circuit farms, all breeding  sows and sows intended for breeding must be subjected to serological investigation, - in the case of mixed farms receiving pigs from external sources, if no clear separation exists  between the breeding unit and the pig fattening unit, all the pigs on the holding must be subjected  to serological investigation; (b) systematic serological investigation on all farms where one or more animals have reacted  positively to the serological test provided for in (a) and the continuation of this investigation  until all positive animals have been detected and eliminated; (c) an epizootiological investigation to identify the farms on which pigs reacting positively to  serological tests originate and systematic serological investigation on such farms; (d) elimination by slaughter and destruction of all animals reacting positively to serological  tests following measures provided for in (a), (b) and (c); (e) immediate and adequate compensation for owners of pigs slaughtered and destroyed in accordance  with (d); (f) health protection measures on farms where pigs react negatively to serological tests. More  particularly such protection must entail: - the application of health measures with regard to any person entering the farm, - arrangements for the disinfection of any vehicle having to enter the farm, - the installation of safety gates for the delivery of feedingstuffs and various supplies, - the installation of safety gates for the removal of pigs; (g) health measures in respect of all animals entering the farm for the purposes of breeding or  fattening. More particularly these measures must entail: - an obligation to acquire animals from a farm presenting the same assurances, - serological investigation of all breeding pigs, - monitoring of breeding pigs before their entry into the production cycle; (h) establishment for the recognition of holdings free of African swine fever, of the following  minimum criteria: - absence of clinical disease on the holding for at least one year, - absence of clinical disease within a radius of 2 kilometres around the holding for at least one  year, - execution of the serological operations provided for in (a), (b) and (c) for one year, when a  positive animal has been detected; (i) clearly distinguishable marking of all pigs on holdings recognized as free of African swine  fever. 3. Measures to create regions free of African swine fever, entailing more particularly: (a) the establishment of a system identifying all pigs on the national territory so that the region  and holding of origin can be traced at any time; (b) the registration of all holdings engaged in pig farming, specifying the type of production,  their position whith regard to African swine fever and the size of their stock; (c) the monitoring of stock of holdings by the introduction of a pig-farming register or file  recording in particular entries of pigs to the holding and their origin, exit of pigs and their  destination, mortality and the causes thereof; (d) the monitoring of movements of pigs within a region or between regions irrespective of their  origin and destination by regional bodies established for that purpose; (e) an absolute ban on the entry of live pigs originating in a region which does not have the same  health status; (f) the promotion of regional groups of farmers to combat African swine fever so as to engender  more effective cooperation with the technical and administrative departments and voluntary control  over the application of the plan; (g) serological testing by sampling of pigs at the time of their slaughter; (h) laboratory testing of samples from slaughtered wild swine. 4. Measures to restructure pig farms in order to ensure greaterhealth protection and prevent the  spread of the disease, entailing more particularly: (a) adaptation of existing piggeries so as to ensure effective health protection through: - protective installations for the entry of vehicles and persons and safety gates for deliveries of  feedingstuffs and various supplies, - safety gates for the delivery or removal of live pigs; (b) encouragement for the replacement of traditional farms by closed circuit farms with clear and  effective separation between the breeding unit and the fattening unit; (c) for flattening farms, the establishment of systems for the supply of piglets requiring the  direct transportation of animals from recognized multiplication farms to the fattening farm; (d) in the case of farms continuing to use grazing land in certain regions where this practice  cannot be abandoned: - the establishment of closed and protected housing for breeding stock and their piglets, - establishment of enclosed and protected runs for sows and fattening piglets until the latters'  departure to the grazing land, - prohibition on the return of fattening pigs from grazing land to the breeding unit, - obligation to transport fattened pigs direct to the slaughterhouse, - serological testing of all pigs fattened on grazing land both before they are turned out and at  the time of slaughter, - where the result of serological testing is positive, seisure and destruction of the carcases in  question and a ban on the use of the grazing land of origin for the fattening of pigs, - laboratory testing of samples from slaughtered wild swine. 5. National and regional protection measures, entailing more particularly: (a) control and destruction of all waste from international means of transport; (b) control of all scraps and swill form kitchens and industries using pigmeat; (c) ban on the use for feeding to pigs of scraps and swill from kitchens and industries using  pigmeat. However, the competent authorities may authorize the use of scraps for feeding in  specially designated farms wherethere are only fattening pigs provided that these scraps are  collected and heat-treated, so as to ensure destruction of the virus, in specialized establishments  under official control; animals of the swine species must not be allowed in these specialized  establishments; (d) obligation to slaughter pigs, for consumption, in slaughterhouses under official veterinary  control. Article 3After examination of the plan submitted by the Portuguese authorities and of any  amendments to be made thereto, the Commission shall decide, in accordance with the procedure laid  down in Article 9, whether or not to approve it. The Committee of the European Agricultural Guidance and Guarantee Fund shall be consulted on the  financial aspects and the Standing Committee on Structure on the structural aspects of the plan. Article 4The measure provided for in this Decision shall qualify for financial aid from the  Community. Article 51. Community financial assistance shall be granted for a period of five years from the  date fixed by the Commission in its decision approving the plan referred to in Article 1. 2. The estimated assistance to be charged to the Community budget under the chapter covering  expenditure relating to agriculture shall be 10 million ECU for the duration of the period provided  for in paragraph 1. Article 61. On condition that all the measures laid down are applied and are in compliance with  the plan approved by the Commission pursuant to Article 3, the expenditure incurred by Portugal: - under Article 2 (1) (a), (b), (c), (e) and (f), (2) (a), (b), (c), (d) and (e), (3) (d), (f), (g)  and (h) and the last three indents of (4) (d), and- under Article 2 (3) (b) and (4) (a), (b), (c)  and the first two shall qualify for Community financial aid within the limits laid down in Article  5. 2. The Commission shall refund 50 % of the expenditure referred to in the first indent of paragraph  1 and 30 % of the expenditure referred to in the second indent of paragraph 1. 3. Detailed rules for the application of this Article shall be adopted, as required in accordance  with the procedure laid down in Article 13 of Regulation (EEC) N° 729/70 (1). Article 71. Applications for payment shall relate to expenditure incurred by the Portuguese  Republic during the calendar year and shall be submitted to the Commission before 1 July of the  followig year.2. Article 7 (1) of Regulation (EEC) N° 729/70 shall apply to the decisions  adopted by the Commission relating to the Community financing of the measure provided for by this  Decision. 3. Detailed rules for the application of this Article shall be adopted in accordance with the  procedure laid down in Article 13 of Regulation (EEC) N° 729/70. Article 8Regulation (EEC) N° 129/78 (2) and Articles 8 and 9 of Regulation (EEC) N° 729/70 shall  apply mutatis mutandis. Article 91. Where the procedure laid down in this Article is to be followed, matters hall be  referred without delay by the chairman, either on his own initiative or at the request of a Member  State, to the Standing Veterinary Committee (hereinafter called the 'Committee') set up by Decision  68/361/EEC (3). 3. The representative of the Commission shall submit a draft of the measures to be adopted. The  Committee shall deliver its opinion on such measures within the time limit set by the chairman  according the urgency of the mattersunder consideration. Opinions shall be delivered by a qualified  majority of 54 votes. 4. The Commission shall adopt the measures and shall apply them immediately where they are in  accordance with the opinion of the Committee. Where they are not in accordance with the opinion of  the Committee, or if no opinion is delivered, the Commission shall without delay propose to the  Council the measures to be taken. The Council shall adopt the measures by a qualified majority. If, within three month from the date on which the proposal was submitted to it, the Council has not  adopted any measures, the Commission shall adopt the proposed measures and shall apply them  immediately, save where the Council decides against the said measures by a simple majority. Article 101. The Commission shall follow developments with regard to African swine fever in  Portugal and the implementation of the eradication plan. The Commission shall inform the Member States within the Committee of developments regularly, at  least once a year, in the light of the information provided by the Portuguese authorities, who  shall submit a progress report to the Commission together with the applications for payment, and  any reports from experts who, acting on behalf of the Community and appointed by the Commission,  have made on-the-spot visits. 2. Should the need arise to amend the eradication plan in the course of its execution, in  particular with a view to ensuring coordination with other plans a new decision approving it shall  be taken in accordance with the procedure laid down in Article 9. Article 11This Decision is addressed to the Portuguese Republic. Done at Brussels, 16 December 1986. For the CouncilThe PresidentG. HOWE(1) OJ N° L 94, 28. 4. 1970, p. 13. (2) OJ N° L 20, 25. 1. 1978, p. 16. (2) OJ N° L 255, 18. 10. 1968, p. 23.