CELEX: 51980PC0207
Language: en
Date: 1980-05-05
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 64/432/EEC with regard to swine vesicular disease and swine fever#Proposal for a COUNCIL DIRECTIVE amending Directive 72/461/EEC with regard to swine vesicular disease and swine fever#Proposal for a COUNCIL DIRECTIVE amending Directive 80/215/EEC with regard to swine vesicular disease and classical swine fever#Proposal for a COUNCIL DIRECTIVE prolonging certain derogations granted to Denmark, Ireland and the United Kingdom in respect of swine fever (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 207
Vol. 1980/0064
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(80)207 final.
                                                    Brussel s, 5 Hay 1980 .
                              Proposal for a
                            COUNCIL DIRECTIVE
amending Directive 64/ 432/ EEC with regard to swine vesicular disease and
                                swine fever
                              Proposal for a
                            COUNCIL DIRECTIVE
amending Directive 72 / 461 / EEC with regard to swine vesicular disease and
                                swine fever
                              Proposal for a
                            COUNCIL DIRECTIVE
amending Directive 80/ 215 / EEC with regard to swine vesicular disease and
                         classical swine fever
                                                                   .  \
                              Proposal for a^
                            COUNCIL DIRECTIVE                  ?
                                                               u      \. ,
prolonging certain derogations granted to Denmark ; Ireland
                                                        'Ireland aria   and the United
                   Kingdom in respect of swine fever,       --Z e)     : a. !
                                             ^
                                              <V: -
                                             \V s \        «-*       Av
            ( submitted to the Council by the Commission )
C0MC80 ) 207 final .
 ---pagebreak---                                        EXPLANATORY MEMORANDUM
 1 . Swine fever is a serious menace to pig farming in the Community .          To deal
         with it the Commission is proposing to the Council a systematic eradication
        programme .
        The existence of the disease has at the present time certain consequences for
      . intra-Community trade .
        With regard to trade in live pigs , pigmeat and pigmeat products derogations
    ■   have been granted to the three new Member States since their accession with
        a view to enabling them to maintain national > legislation relating to protection
        against swine fever which for the most part takes the form of prohibitions .
        These dérogations expire on 30 June 1980 .
        The derogations should be replaced henceforth by a Community system enabling
        trade to take place while avoiding any risk of contamination by authorizing
        the Member States which are free from classical swine fever and do not practise
        vaccination to take additional measures relating to the origin of the animals
       which they import .     These animals should come for example from a region free
        from swine fever where vaccination has been stopped .
        These rules should apply after a necessary elapse of time , 3 months , to allow
        for their transposition into national law , during this period of ^ months the
        current derogations shall continue to. apply .      These rules shall continue to
        apply for the duration of the eradication programmes ensuring the success of
        the latter .                                                                  >
2 . Swine vesicular disease is a contagious disease which was detected on Community
        territory in 1973 .    This disease is of particular importance in that its first
        symptoms are identical to those of foot - and-mouth disease .     Although the cause
        of the disease is relatively benign and it is much less contagious , it is
        indispensable that stringent safeguards be enforced until a laboratory      !
        diagnosis has shown which of the two diseases is involved .       For that reason the
        Commission under the safeguard clauses of the Directives ,in force at the time
        had , by Decision 73 / 55 / EEC of 26 February 1973 , introduced additional safeguards
        in connection with intra-Community trade of live pigs and pigmeat . In view of
        the fact that swine vesicular disease continues to exist in certain parts of
        the Community it is necessary, as was emphasized by the Council when on 22
        January 1980 it adopted Directive 80 / 21 5 / EEC on animal health problems affecting
        intra-Community trade in meat products , to introduce relevant safeguards into
.<•     Community- legislation on a permanent basis . . j,i
 ---pagebreak---                                      - 2 -
    These safeguards do not differ from those existing at present except on one
    point with regard to meat products ;   in the case of these products the virus
    is destroyed only by heat and account should be taken of this in trade .
3 . The Commission is thus proposing that the Council should make the above-
    mentioned amendments in Directives 64 / 432 / EEC , 78 / 461 / EEC and 80 / 215 / EEC
    on health problems affecting intra-Community trade in live cattle and swine ,
    fresh meat and meat products /, whilst at the same time prolonging certain
    derogations relating to swine fever for a period of 3 months which already
    have been granted to Denmark , Ireland and the United Kingdom *
 ---pagebreak---                   TECHNICAL DATA CONCERNING SWINE VESICULAR DISEASE
  Problems arising in intra-Commurnty trade in Live pigs , fresh pigmeat and
              •                  pigmeat-based products                                •
  I . Current state of Community Legislation             ,     .
       Commission Decision 73 / 53 / EEC of 26 February 1973 specifies that Member States
       in which there has been an outbreak of swine vesicular disease should provide
      guarantees in respect of live pigs and pigmeat despatched from their territories
      which are identical to those established for foot - and- mouth disease by Directive
      64 / 432 / EEC and in particular Articles 2(i ), 3(2)(b ) and ( 2 ) ( c ) ( i ) Cii ) .
      It should be pointed out , although this does not reduce the scope of the Decision ,
      that as regards live animals the form which the guarantees should take is not
      specified .      No mention is made of the issue of a special certificate or the
      appropriate amendment of the very complete certificates annexed to Directive
      64 / 432 / EEC .
      With regard to fresh pigmeat , under the provisions of Directive 72 / 461 / EEC
      relating to foot - and-mouth disease , the Community stamp must not be affixed to
      meat obtained from animals which do not satisfy the conditions required for trade
      in animals . for slaughter .
II . Guarantees offered with regard to swine vesicular disease in intra-Community
      trade by applying the guarantees established for foot - and-mouth disease .
                                                                                  ι
      A. Breeding or productive pigs :
           The pigs must come from a holding :                                                '
           - on which no case of swine vesicular disease has been recorded for at least
             three months ;
           - around which no case of swine vesicular disease has been recorded within
             a radius of 10 km for at least 30 days .
      B. Pigs for slaughter :                                                                   ~
           The pigs must come from a holding which is not subject to any prohibition
           measures on account of an outbreak of swine vesicular disease . %
 ---pagebreak---                                     - 2 -
    The prohibition measures relate to the holding on which swine vesicular disease
    has been detected and to holdings situated within a radius of 2 km from the
    infected holding .
    These measures are lifted :
    - in the case of an infected holding :
       30 days following the detection of the last case of the disease when all the
       pigs have not been slaughtered .
    - in the case of holdings situated in the protection zone 2 km in radius :
       either 15 days following the slaughter of all the pigs and the disinfection
      of the infected holding ,
       or 30 days following the detection of the last case of the disease on the
       infected holding .
    This means that pigs for slaughter must come from a holding :
    that has been free from swine vesicular disease for at least 30 days and is
    situated more than 2 km from any holding on which swine vesicular disease has
    been detected less than 30 days previously or less than 15 days if all the pigs
    on this holding have been slaughtered and the premises disinfected .
                                                                 e
C.  Fresh meat :
    Fresh meat can only receive the Community stamp and thus be admitted to
    intra-Community trade if the pigs from which it was obtained satisfied the
    conditions relating to intra-Community trade in pigs for slaughter ( conditions
    set out under B ).
0 . Meat products :
    Although Commission Decision 73 / 53 / EEC does not mention pig -meat -products,
    guarantees identical to those provided for fresh meat are granted in respect
    of them .  Meat products must be prepared from meat suitable for intra-Community
    trade in fresh meat and thus must satisfy the conditions set out under B.
 ---pagebreak---                                        - 3 -
       However , by way of derogation from this principle , pigmeat obtained from
       animals coming from holdings subject to prohibition measures on account of
       an outbreak of swine vesicular disease and carrying the crossed Community
       stamp can be used for the preparation of certain pigmeat products which during
       preparation undergo a treatment such as to destroy the disease virus .
       These treatments are as follows :
       ( a ) heat treatment :
             - either treatment in a hermetically sealed container of which the Fc '
               value is equal or exceeds 3 ,
             - or heat treatment determining a temperature at the centre of 70°C .
       Cb ) long maturing treatment :
             natural fermentation and maturing for 9 months at least for deboned hams
             of a weight not less than 5.5 kg having an aW value not exceeding 0.93 and
             a pH not exceeding 6 .
                                                    ,                    '
III . Value of the guarantees provided
      The guarantees which have been in force for 7 years have given complete
      satisfaction and seem adequate for live animals , fresh meat and meat products .
      The fact that the first symptoms of swine vesicular disease are identical to
      those of foot- and-mouth disease is a good reason for taking all the measures
      relating to the latter disease .    Once the different diagnosis is established , _
      it is accepted that the analogy with foot - and-mouth disease cannot be maintained
      because swine vesicular disease is less contagious and has a low morbidity rate
      and is thus less dangerous than foot -and-mouth disease .
      It should be noted , however , that the swine vesicular disease virus is more
      resistant than the foot - and- mouth virus . This characteristic is of some
      importance with regard to meat products , the treatment of which must ensure
      destruction of the disease virus that may be present in the fresh meat , in
      particular meat bearing the crossed stamp .
 ---pagebreak---                                         - 4 -
      The resistance of the swine vesicular disease virus to pH variations is
      particularly remarkable since it survives variations ranging from 2 to 10 ,
      thereby resisting both acidification and basification of the medium .    As . a
      result , acidification of the meat following maturing does not destroy the
      swine vesicular disease virus as it does the foot - and -mouth virus . Accordingly
      in the case of swine vesicular disease , only heat treatment should be accepted
      as guaranteeing sterilization of meat products intended for intra-Community
      trade .
IV . Conclusion
                                                                                         ν
      From the practical and technical aspects , it does not appear necessary to amend
     the rules applicable at present to swine vesicular disease in intra-Community
     trade in live pigs and fresh pigmeat .     With regard to meat products it should
     be pointed out that destruction of the virus can be guaranteed only by heat
     treatment and the derogation in Article 4 of the Directive on health
     requirements for meat products should not be applicable to products having
     undergone natural fermentation and maturing for at least nine months .
     Consequently in order to clarify and maintain the provisions of Commission
     Decision 73 / 53 / EEC the relevant amendments should be made to the directives
     concerned .
 ---pagebreak---                               Proposal for a
                            Council Directive
                   amending    Directive 64 / 432 / EEC with regard to swine vesicular
                              disease and swine fever
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,       -
Having regard to the Treaty establishing the European Economic Community, and
 in particular Articles 43 and 100 thereof ,
Having regard to the proposal from the Commission ,-                            -
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
                                         1        .   -     ......                 ;   2
Whereas Council Directive 64 / 432 / EEC , as last amended by Directive 80/ 219/ EEC
lays down the health requirements which must be fulfilled by live cattle and
swine intended for intra-Community trade ;
Whereas the existence of swine vesicular disease in the Community represents
a danger for Community pigs ;     whereas , accordingly , steps should be taken to
ensure that the disease is not spread;
Whereas , moreover , the persistence of classical swine fever in certain parts
of the Community represents a danger for the pigs of the Member States which
are free from the disease ;     whereas , accordingly , until such time as classical
swine fever has been eliminated in the regions where it still exists , the
Member States should be authorized to take additional measures with a view to ~
preventing any contamination in the course of trade ;
                                                                 a
HAS ADOPTED THIS DIRECTIVE :                                         .
                                  Article 1
Directive 64 / 432/ EEC is hereby amended as follows :
1 . In Article 2(j)(ii ), the words " swine vesicular disease " are inserted between
     the words " swine fever " and " or contagious swine paralysis ".
 1 0J No L 121 , 29.7.1964, p . 1977/ 64
 20J No L 47, 21.2.1980, p . 25
 ---pagebreak---  In Article 3(2 ) :
 ( a ) at ( b ) the words " swine vesicular disease       are inserted between the words
         " swine fever " and " contagious swine paralysis ".
 ( b ) at ( i ) under ( b ) the words " swine vesicular disease " are inserted between
         " swine fever " and "foot - and-mouth disease ".
The following Article 4c is inserted :
" Article 4c
   Member States that have been free from swine fever for more than one year
   and do not practise vaccination may , subject to compliance with the general
   rules of the Treaty , impose the following conditions on the introduction of
   swine into their territory until 31 December 1985 :
   ( a ) pigs covered by this Directive must have been kept , during the three months
          preceding their shipment or since their birth if they are less than three
          months old, in a holding situated in a part of the territory of the
                                                                                  2
          consigning country , such part to have an area of at least 4 :000 km      and
          consist of a region or several adjacent regions in which :
          - swine fever has not been detected for at least one year ;
          - vaccination against swine fever has not been practised for at Least
            one year ;
  ( b ) breeding or productive pigs must have given a negative reaction to a test
          for antibody induced by swine fever made , in accordance with Annex 1(c ) of
          Directive 80 / 217 / EEC , within 10 days preceding embarkation ".
In Annex E paragraph (b),the fifth indent is deleted and the following three
indents added :
" - swine fever
    - swine tfffsicular disease
     - African swine fever ."
In the second subparagraph of paragraph V(d ) of Form III in Annex F , the words
" swine vesicular disease " are inserted between " swine fever " and " and
contagious paralysis ".
 ---pagebreak---                                   - 3 -
                               Article 2
Member States shall bring Into force the laws , regulations and administrative
provisions necessary to comply with this Directive on ^ November 1980and shall
forthwith inform the Commission thereof .
                               Article 3
This Directive is addressed to the Member States .
Done at Brussels ,                        -           For the Council
                                                      The President
 ---pagebreak---                               Proposal for a
                             Council Directive
               amending Directive 72 / 461 / EEC with regard to swine vesicular disease
                                  and swine fever
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community, and in
   particular Articles A3 and 100 thereof ;
   Having regard to the proposal from the Commission ;
   Having regard to the opinion of the European Parliament ;
   Having regard to the Opinion of the Economic and Social Committee ;
                                              1     .         .....        .              2
\   Whereas Council Directive 72 / 461 / EEC , as last amended by Directive 80 / 213 / EEC ,
t   lays down t he health requirements which must be fulfilled by animals from which
    meat is obtained ;
  Whereas the existence of the vesicular disease in the Community represents a
   danger for Community pigs ;      whereas , accordingly , steps should be taken to
  ensure that the disease is not spread in the course of trade in fresh pigmeat ;
  Whereas , moreover , the persistence of classical swine fever in certain parts
  of the Community represents a danger for the pigs of the Member States which are
   free from the disease ;    whereas , accordingly , until such time as swine fever has
  been eliminated in regions where it still exists , the Member States should be
   authorized to take additional measures with a view to preventing any
   contamination in the course of trade ;
   HAS ADOPTED THIS DIRECTIVE     :
                                     Article 1
  Directive 72 / 461 / EEC is hereby amended as follows :
  1.    In Article 3(b ), the words " swine vesicular disease" are inserted between
       the words " swine fever " and "or contagious swine paralysis ".
    0J No L 302 , 31.12.1972 , p . 24
  20J No L 47, 21.2.1980, p. 1
 ---pagebreak---     •; ,          .     .     ■  • - - > 2 - ■"
                                                                                  I
 2.    The following Article 13a is added :
                                                                      . Τ
       " Article 13a
       Member States that have been free from swine fever for more than one year
       and do not practise vaccination may, subject to compliance with the general
       rules of the Treaty, prohibit until 31 December 1985 the introduction into
      their territory of fresh pigmeat unless the meat has been obtained from
      pigs which :
       ( a ) have been kept during the three months preceding slaughter or since
             their birth on a holding situated-in a part of the territory of the
             consigning country , such part amounting to one or more adjacent regions
             as defined in Article 2(o ) of Directive 64 / 432 / EEC , and in which swine
             fever has not beefi detected for at least one year ;
       ( b ) have not been vaccinated against swine fever during the previous six
             months ."                                                                  '
                                    Article 2
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive on 1 November 19& and shall
forthwith inform the Commission thereof .                         ' i
                                    Article 3
This Directive is addressed to the Member States .
Done at Brussels ,                               .           For the Council
                                                             The President
 ---pagebreak---                                        Proposal for a
                                       Council Directive
            amending Directive 80 / 215 / EEC with regard to swine vesicular disease
                            and classical swine fever
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community, and in
particular Articles 43 and 100 thereof .
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
                                           1
Whereas Council Directive 80/ 215 / EEC laid down the health requirements which
must be fulfilled by meat products in intra-Community trade ;
Whereas the existence of swine vesicular disease in the Community represents a
danger for Community pigs ;       whereas , accordingly , steps should be taken to ensure
that the disease is not spread in the course of trade in certain pigmeat products ;
Whereas , moreover , the persistence of classical swine fever in certain parts of
the Community represents a danger for the pigs of the Member States which are free
from the disease ;     whereas , accordingly , until such time as swine fever has been
eliminated in regions where it still exists , the Member States should be authorized
to take additional measures with a view to preventing any contamination in the
course of trade ;
HAS ADOPTED THIS DIRECTIVE      :
                                    Article 1
Directive 80 / 215 / EEC is hereby amended as follows :
1 . In Article 4(1)(b),the following phrase is inserted between ( i ) and ( ii ) after
    the word " or "
    "provided that , in addition, the disease in question is not swine vesicular
     disease ".
 0J No L 47 , 21.2.1980 , p. 4
 ---pagebreak--- 2 . In Article 7(1 )( a ), the words " swine vesicular disease " are inserted betwesr.
    the words " classical swine fever " and " and Teschen disease ".
3 . Article 10 is replaced by the following Article :
    " Article 10
      Member States that have been free from classical swine fever for more than
      one year and do' not practise vaccination may , subject to compliance with
   • the general rules of the Treaty, prohibit until 31 December 1985 the
      introduction into their territory of meat-based products which are prepared
      wholly or partly from pigmeat and have not undergone one of the treatments
      referred to in Article A<1 ), unless the meat complies with the provisions
      laid down in Article 13 a     of Directive 72 / 461 / EEC .
                                     Article 2
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive on 1 November 1980 and shall
forthwith inform the Commission thereof .                                     •
                                     Article 3
This Directive is addressed to the Member States .
Done at Brussels ,.                         -        „     For the Council
                                                           The President
 ---pagebreak---                                  Proposal for
                              COUNCIL DIRECTIVE
prolonging certain derogations granted to Denmark , Ireland and the United Kingdom
                       in respect of swine fever
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Articles 43 and 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
                                                      (1 )
Whereas , under the terms of Directive 80 / 218 / EEC      , Denmark , Ireland and the
United Kingdom were authorized to retain until 30 June 1980 their national
provisions for ensuring protection against swine fever ;
Whereas Community rules offer the only final solution to the problems caused by
this disease ;
Whereas the Commission has already forwarded proposals for this purpose ;          whereas
a sufficient period should be provided for the implementation by the Member States
prior to the expiry of the abovementioned derogations ;
Whereas , therefore, these derogations should be extended until 31 October 1980 ,
( O.J. No L 47,     21.2.1980, p. 24
 ---pagebreak---  HAS ADOPTED THIS DIRECTIVE :                      ,
                                   Article 1
                                     ..      . .            .2
 By ufay of derogation from Council Directive 64/ 432 / EEC , as last amended by Directive
               3    . .    .     ....    . .          __.4
 80/ 219/ EEC , and from Council Directive 72 / 461 / EEC , as last amended by Directive
80 / 218 / EEC   , Denmark , Ireland and the United Kingdom are authorized to retain
their national rules relating to protection against swine fever upon introduction
into their territory of swine for breeding , store and slaughter and to imports of
fresh pigmeat , subject to compliance with the general provisions of the Treaty .
                                   Article 2
                                   –––                         4
This Directive shall apply until the 31 October 1980-
                                   Article 3
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive          on   30 June 1980 and shall
immediately inform the Commission thereof .                       '
                                   Article 4
This Directive is addressed to the Member States .
Done at Brussels ,                                               For the Council
                                                                 The President
  2 O.J. No L 121 , 29.7.1964, p. 1977/64
  3 O.J. No L 47 , 21.2.1980, p. 25
  4 O.J. No L 302 / 31 .12.1979, p. 24