CELEX: 31986D0650
Language: en
Date: 1986-12-16 00:00:00
Title: 86/650/EEC: Council Decision of 16 December 1986 introducing a Community financial measure for the eradication of African swine fever in Spain

31 . 12 . 86                               Official Journal of the European Communities                                          No L 382 / 9
                                                         COUNCIL DECISION
                                                          of 16 December 1986
                     introducing a Community financial measure for the eradication of African swine fever in
                                                                    Spain
                                                             ( 86 / 650 / EEC )
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas the Member States should be kept regularly
                                                                           informed of the progress of the measures undertaken ,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 43
  thereof,                                                                 HAS ADOPTED THIS DECISION :
  Having regard to the proposal from the Commission ( ! ),
                                                                                                           Article 1
 Having       regard   to     the    opinion of the     European
 Parliament ( 2 ),                                                         The Kingdom of Spain shall draw up a reinforced plan for the
                                                                           eradication of African swine fever and the restructuring of
 Whereas African swine fever has been present in Spain for                 pig farms so as to protect the health of their livestock .
 many years ;
 Whereas , in order to prevent the disease from spreading to its                                           Article 2
 territory , the Community granted financial support for a
 period of five years by means of Council Decision
                                                                           The plan referred to in Article 1 must , apart from an
 79 / 509 / EEC of 24 May 1979 on financial aid from the
                                                                           indication of the organization that is to implement and
 Community for the eradication of African swine fever in
                                                                           coordinate it , provide for:
 Spain ( 3 );
                                                                           1 . Measures to eliminate outbreaks of African swine fever ,
 Whereas the Act of Accession of Spain and Portugal sets as a                   and more particularly :
 specific objective to be achieved by the Kingdom of Spain that
 of continuing and intensifying the campaign against African                    ( a ) the immediate slaughter and destruction of all pigs on
 swine fever;                                                                         those holdings where a clinical case of African swine
                                                                                      fever is diagnosed and on those holdings which , as a
 Whereas the efforts already made have served to stabilize the                        result of an epizootiological investigation , can be
 incidence of the disease; whereas the resources deployed                             considered as contaminated . Slaughter and
 must , however , be maintained and reinforced in order to                            destruction shall be effected in such a way as to avoid
 eradicate African swine fever from the entire territory of                           any danger of spreading the virus ;
 Spain and thus contribute to the establishment of the internal
                                                                               (b ) the cleansing and disinfection of, and elimination of
 market ;
                                                                                      insect and rodent pests from , holdings after the
                                                                                      elimination of the pigs ;
Whereas the Spanish authorities have appealed to the
 Community for a contribution towards the expenditure                          ( c) immediate and adequate compensation for the owners
 involved in the continuation and reinforcement of the                                of holdings whose pigs have been slaughtered in
eradication programme undertaken in 1980 ;                                            accordance with ( a );
                                                                               ( d ) a delay for health reasons before restocking of
Whereas , in order to benefit from the results obtained , this
                                                                                      holdings , the duration of such delay being at least one
request should be granted so that the systematic action
                                                                                      month after slaughter and the completion of the
already undertaken can be maintained and consolidated ;
                                                                                      operations provided for in paragraph ( b ) for holdings
                                                                                      operating in enclosed premises and at least three
Whereas the reinforced eradication plan must include                                  months for other holdings ;
measures ensuring the effectiveness of the action undertaken ;
whereas a procedure closely associating the Member States                      ( e) the gradual restocking of holdings by the prior
and the Commission should be introduced by means of which                             introduction of 'sentinel' pigs , in which the absence of
such measures can be adopted and adapted as the situation                             African swine fever antibodies has been checked prior
develops ;                                                                            to their entry into the holding and again one month
                                                                                      later ;
(>) OJ No C 197 , 6 . 8 . 1986 , p. 7 .
( 2 ) OJ No C 322 , 15 . 12 . 1986 .                                           ( f) continuous serological surveillance of holdings until
( 3 ) OJ No L 133 , 31 . 5 . 1979 , p. 27 .                                           they are fully restocked .
 ---pagebreak--- No L 382 / 10                                   Official Journal of the European Communities                                          31 . 12 . 86
2 . Measures for the surveillance of pig farms and the                                — serological investigation of all breeding pigs ,
    establishment of zones free from African swine fever, and
    in particular :                                                                   — monitoring of breeding pigs before their entry into
                                                                                          the production cycle;
    ( a ) serological testing by representative samples from all               ( h ) establishment for the recognition of holdings free of
          pig farms in each region of production .                                    African swine fever , of the following minimum
                                                                                      criteria :
          However , the following rules shall apply in the special
          cases described below :
                                                                                      — absence of clinical disease on the holding for at
                                                                                          least one year ,
          — in the case of breeding farms , multiplication farms
                or mixed closed circuit farms , all breeding sows                     — absence of clinical disease within a radius of
                and sows intended for breeding must be subjected                          2 kilometres around the holding for at least one
                to serological investigation ,                                            year ,
          — in the case of mixed farms receiving pigs from                            — execution of the serological operations provided
                external sources , if no clear separation exists                          for in ( a), ( b ) and (c) for one year, when a positive
                between the breeding unit and the pig fattening                           animal has been detected ;
                unit , all the pigs on the holding must be subjected
                to serological investigation ;
                                                                               ( i ) clearly distinguishable marking of all pigs on holdings
                                                                                      recognized as free of African swine fever .
    ( 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                   3 . Measures to create regions free of African swine fever,
          continuation of this investigation until all positive                entailing more particularly :
          animals have been detected and eliminated ;
                                                                               ( a ) the establishment of a system identifying all pigs on
    ( c) an epizootiological investigation to identify the farms                      the national territory so that the region and holding of
          on which pigs reacting positively to serological tests                      origin can be traced at any time ;
          originate and systematic serological investigation on
          such farms ;                                                         ( b ) the registration of all holdings engaged in pig farming,
                                                                                      specifying the type of production , their position with
                                                                                      regard to African swine fever and the size of their
    ( d ) elimination by slaughter and destruction of all animals                     stock;
          reacting positively to serological tests following
          measures provided for in ( a ), ( b ) and (c);
                                                                                ( c) the monitoring of stock of holdings by the
                                                                                      introduction of a pig-farming register or file recording
    ( e ) immediate and adequate compensation for owners of                           in particular entries of pigs to the holding and their
          pigs slaughtered and destroyed in accordance with                           origin , exit of pigs and their destination , mortality and
          ( d);                                                                       the causes thereof;
    ( f) health protection measures on farms where pigs react                   ( d ) the monitoring of movements of pigs within a region
          negatively to serological tests . More particularly such                    or between regions irrespective of their origin and
          protection must entail :                                                    destination by regional bodies established for that
                                                                                      purpose ;
          — the application of health measures with regard to
                any person entering the farm ,
                                                                                (e) an absolute ban on the entry of live pigs originating in
          — arrangements for the disinfection of any vehicle                          a region which does not have the same health
                having to enter the farm ,                                            status ;
          — the installation of safety gates for the delivery of                (f) the promotion of regional groups of farmers to
                feedingstuffs and various supplies ,                                  combat African swine fever so as to engender more
          — the installation of safety gates for the removal of                       effective cooperation with the technical and
                                                                                       administrative departments and voluntary control
                 pigs ;
                                                                                      over the application of the plan ;
     ( g) health measures in respect of all animals entering the                (g) serological testing by sampling of pigs at the time of
           farm for the purposes of breeding or fattening . More                       their slaughter ;
           particularly these measures must entail :
           — an obligation to acquire animals from a farm                        (h ) laboratory testing of samples from slaughtered wild
                 presenting the same assurances ,                                      swine .
 ---pagebreak--- 31 . 12 . 86                                 Official Journal of the European Communities                                         No L 382 / 11
4 . Measures to restructure pig farms in order to ensure                         there are only fattening pigs provided that these scraps
    greater health protection and prevent the spread of the                      are collected and heat-treated , so as to ensure
    disease , entailing more particularly :                                      destruction of the virus , in specialized establishments
                                                                                 under official control ; animals of the swine species
    ( a ) adaptation of existing piggeries so as to ensure                       must not be allowed in these specialized
          effective health protection through :                                  establishments ;
          — protective installations for the entry of vehicles              (d) obligation to slaughter pigs , for consumption , in
              and persons and safety gates for deliveries of                     slaughterhouses under official veterinary control .
              feedingstuffs and various supplies ,
          — safety gates for the delivery or removal of live
              Pigs ;
                                                                                                        Article 3
    (b ) encouragement for the replacement of traditional
          farms by closed circuit farms with clear and effective        After examination of the plan submitted by the Spanish
          separation between the breeding unit and the fattening        authorities and of any amendments to be made thereto , the
          unit ;                                                        Commission shall decide , in accordance with the procedure
                                                                        laid down in Article 9 , whether or not to approve it .
    ( c) for fattening farms , the establishment of systems for
          the supply of piglets requiring the direct
          transportation of animals from recognized                     The Committee of the European Agricultural Guidance and
          multiplication farms to the fattening farm ;                  Guarantee Fund shall be consulted on the financial aspects
                                                                        and the Standing Committee on Structure on the structural
                                                                        aspects of the plan .
    ( 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                                           Article 4
              for breeding stock and their piglets ,
          — establishment of enclosed and protected runs for            The measure provided for in this Decision shall qualify for
              sows and fattening piglets until the latters'             financial aid from the Community .
              departure to the grazing land ,
          — prohibition on the return of fattening pigs from
              grazing land to the breeding unit ,
                                                                                                        Article 5
          — obligation to transport fattened pigs direct to the
              slaughterhouse ,
                                                                        1.      Community financial assistance shall be granted for a
          — serological testing of all pigs fattened on grazing
              land both before they are turned out and at the           period of five years from the date fixed by the Commission in
              time of slaughter ,                                       its decision approving the plan referred to in Article 1 .
          — where the result of serological testing is positive ,       2.      The estimated assistance to be charged to the
              seisure and destruction of the carcases in question
                                                                        Community budget under the chapter covering expenditure
              and a ban on the use of the grazing land of origin        relating to agriculture shall be 42 million ECU for the
              for the fattening of pigs ,                               duration of the period provided for in paragraph 1 .
          — laboratory testing of samples from slaughtered
              wild swine .
                                                                                                        Article 6
5 . National and regional protection measures , entailing
    more particularly:
                                                                        1.      On condition that all the measures laid down are
    ( a ) control and destruction of all waste from international       applied and are in compliance with the plan approved by the
          means of transport ;                                          Commission pursuant to Article 3 , the expenditure incurred
                                                                        by the Kingdom of Spain :
    (b ) control of all scraps and swill from kitchens and
          industries using pigmeat ;                                    — 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
    ( c) ban on the use for feeding to pigs of scraps and swill              indents of (4 ) ( d ), and
          from kitchens and industries using pigmeat . However,
          the competent authorities may authorize the use of            — under Article 2 ( 3 ) (b ) and (4 ) ( a), (b ), (c) and the first two
          scraps for feeding in specially designated farms where             indents of ( d ),
 ---pagebreak--- No L 382 / 12                                 Official Journal of the European Communities                                 31 . 12 . 86
shall qualify for Community financial aid within the limits              under consideration . Opinions shall be delivered by a
laid down in Article 5 .                                                 qualified majority of 54 votes .
2.      The Community shall refund 50 % of the expenditure               4.     The Commission shall adopt the measures and shall
referred to in the first indent of paragraph 1 and 30 % of the           apply them immediately where they are in accordance with
expenditure referred to in the second indent of para­                    the opinion of the Committee . Where they are not in
graph 1 .                                                                accordance with the opinion of the Committee , or if no
                                                                         opinion is delivered , the Commission shall without delay
3.      Detailed rules for the application of this Article shall be      propose to the Council the measures to be taken . The
adopted , as required in accordance with the procedure laid              Council shall adopt the measures by a qualified majority .
down in Article 13 of Regulation ( EEC ) No 729 / 70 (').
                                                                         If, within three months from the date on which the proposal
                               Article 7
                                                                         was submitted to it , the Council has not adopted any
                                                                         measures , the Commission shall adopt the proposed
1.      Applications for payment shall relate to expenditure             measures and shall apply them immediately , save where the
incurred by the Kingdom of Spain during the calendar year                Council decides against the said measures by a simple
and shall be submitted to the Commission before 1 July of the            majority .
following year .
2.      Article 7 ( 1 ) of Regulation ( EEC ) No 729 / 70 shall                                    Article 10
apply to the decisions adopted by the Commission relating to
the Community financing of the measure provided for by this              1.     The Commission shall follow developments with
Decision .                                                               regard to African swine fever in Spain and the
                                                                         implementation of the eradication plan .
3.      Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in                    The Commission shall inform the Member States within the
Article 13 of Regulation (EEC ) No 729 / 70 .                            Committee of developments regularly , at least once a year , in
                                                                         the light of the information provided by the Spanish
                                                                         authorities , who shall submit a progress report to the
                               Article 8
                                                                         Commission together with the applications for payment , and
                                                                         any reports from experts who , acting on behalf of the
Regulation (EEC) No 129 / 78 ( 2 ) and Articles 8 and 9 of
                                                                         Community and appointed by the Commission , have made
Regulation (EEC) No 729 / 70 shall apply mutatis
mutandis .
                                                                         on-the-spot visits .
                                                                         2.     Should the need arise to amend the eradication plan in
                               Article 9                                 the course of its execution , in particular with a view to
                                                                         ensuring coordination with other plans a new decision
1.      Where the procedure laid down in this Article is to be           approving it shall be taken in accordance with the procedure
                                                                         laid down in Article 9 .
followed , matters shall 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                                           Article 1 1
68 / 361 / EEC ( 3 ).
                                                                         This Decision is addressed to the Kingdom of Spain .
2.      Within the Committee , the votes of Member States
shall be weighted as laid down in Article 148 ( 2 ) of the
Treaty . The chairman shall not vote .                                   Done at Brussels , 16 December 1986 .
3.      The representative of the Commission shall submit a                                                     For the Council
draft of the measures to be adopted . The Committee shall
                                                                                                                 The President
deliver its opinion on such measures within the time limit set
by the chairman according to the urgency of the matters                                                             G. HOWE
H OJ No L 94 , 28 . 4 . 1970 , p . 13 .
( 2 ) OJ No L 20 , 25 . 1 . 1978 , p . 16 .
( 3 ) OJ No L 255 , 18 . 10 . 1968 , p . 23 .