CELEX: 51984PC0500(03)
Language: en
Date: 1984-09-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 80/215/EEC AS REGARDS CERTAIN MEASURES RELATING TO AFRICAN SWINE FEVER

12.10.84                             Official Journal of the European Communities                           No C 272/9
   — the measures taken to limit slaughtering in the               thereof. The Member State concerned shall lift the
       parts of territory concerned to pigs coming                 suspension either 30 days after the eradication of
       from those parts of territory and to prevent                the last outbreak of the disease if there has been
       meat from pigs not offering these territorial               no vaccination or 90 days after the eradication of
       guarantees      from    entering     into    intra-         the last outbreak of the disease if there has been a
       Community trade.                                            vaccination. It shall inform the Commission and
                                                                   the other Member States of the end of the period
   2.    For the purposes of defining the parts of                 of suspension. When two months have elapsed
   territory referred to in Article 8a (3), particular             between the dates on which the first and last
   account shall be taken of:                                      outbreaks were detected, the Member States
   — the methods used the combat African swine                     concerned shall forthwith inform the Commission
       fever, in particular the elimination of pigs from           thereof. In this case, the status may be withdrawn
       farms which are infected, contaminated or                   in accordance with the procedure laid down in
       suspected of contamination,                                 Article 9.
   — the area of the part of territory and its
                                                                   In the event of withdrawal, the status may not be
       administrative and geographical boundaries,
                                                                   granted afresh to the part of territory in
   — the measures taken to restrict and control the                accordance with the same procedure except after a
       movement of pigs out or the part of territory               period of:
       defined,                    s
                                                                   — not less than three months after the eradication
   — the measures taken to ensure that pigmeat                         of the last outbreak of the disease if there has
       intended for intra-Community trade is not                       been no vaccination,
       obtained from pigs from the part of territory
                                                                   — not less than six months after the eradication
       defined.'
                                                                       of the last outbreak of the disease if there has
4. Article 13a (2) shall be replaced by the following:                 been vaccination.'
   '2.    Acting unanimously on a proposal from the                                     Article 2
   Commission, within three months of the date on
   which the proposal is referred to it, the Council            The Member States shall bring into force the laws,
   shall draw up the list of the Member States and              regulations and administrative provisions necessary to
   parts of territory referred to in paragraph 1 (ii)           comply with this Directive not later than 1 January
   which are swine fever-free.                                  1985. They shall forthwith inform the Commission
   Without prejudice to the possibility of recourse to          thereof.
   Article 8, the Member States in question shall
   suspend this status upon the occurrence of an                                        Article 3
   outbreak of swine fever and shall forthwith inform
   the Commission and the other Member States                   This Directive is addressed to the Member States.
              Proposal for a Council Directive amending Directive 80/215/EEC as regards certain
                                        measures relating to African swine fever
                                                   COM(84) 500 final
                          (Submitted by the Commission to the Council on 26 September 1984)
                                                     (84/C 272/08)
THE COUNCIL OF THE EUROPEAN                                     Having regard to the proposal from the Commission,
COMMUNITIES,
                                                                Having regard to the opinion of the           European
                                                                Parliament,
Having regard to the Treaty establishing the
European Economic Community, and in particular                  Having regard to the opinion of the Economic and
Article 43 thereof,                                             Social Committee,
 ---pagebreak--- N o C 272/10                         Official Journal of the European Communities                               12.10.84
Whereas Council Directive 80/215/EEC (»), as last                  4.     Decisions to lift measures applied under this
amended by Directive 81/476/EEC (2), lays down the                 Article shall be taken in accordance with the
health requirements to be fulfilled by meat products               procedure laid down in Article 8.'
intended for intra-Community trade;
Whereas, even if it occurs only exceptionally in
certain parts of the territory of the Community,
                                                                3. The following Article shall be inserted:
Africain swine fever constitutes a risk of contami-
nation to the pig herds of the Member States;
whereas rules should therefore be established laying
down protective measures to be applied in intra-
Community trade in pigmeat-based products which                     'Article 7b
have not undergone treatment to destroy the virus of
the disease,
HAS ADOPTED THIS DIRECTIVE:                                        1.     For the purposes of defining the parts of
                                                                   territory referred to in Article 7a (2), particular
                                                                   account shall be taken of:
                         Article 1
                                                                   — the methods used to control and eradicate
Directive 80/215/EEC is hereby amended as follows:                      African swine fever,
                                                                   — the absence of the disease for at least 12
1. The following subparagraph shall be added to                         months,
   Article 7 (1):
                                                                   — the area of the parts of territory and their
                                                                        administrative and geographical boundaries,
   'However, where the disease in question is African
   swine fever, the provisions of Article 7a shall                 — the measures taken to prevent the contami-
   apply.'                                                              nation or recontamination of pig herds,
                                                                   — the measures taken to control the movement of
2. The following Article shall be inserted:                             Pigs,
                                                                   — the measures taken to restrict slaughtering in
    Article 7a                                                          the parts of territory solely to pigs coming
                                                                        from those parts of territory,
   1.     A Member State in whose territory African                — the measures taken to ensure that pigmeat-
   swine fever has been detected within the previous                    based products allowed into intra-Community
   12 months shall not export to the territory of the                   trade are obtained exclusively from pigs from
   other Member States pigmeat-based products                           these parts of territory.
   other than those having undergone the treatment
   specified in Article 4 (1) (a).
   2.     It may be decided, in accordance with the
   procedure laid down in Article 8, that the                      2.     For the purposes of defining the parts of
   provisions of paragraph 1 shall not apply to one or             territory referred to in Article 7a (3), particular
   more parts of territory of the Member State                     account shall be taken of:
   concerned.                                                      — the incidence of the disease and the size of the
                                                                        pig herd,
   3.     Where there is an outbreak of African swine              — the methods used to combat the disease, in
   fever in the territory of a Member State where the                   particular the elimination of pigs from farms
   disease has not been detected for at least 12                        which are infected, contaminated or suspected
   months, it may be decided, in accordance with the                    of contamination,
   procedure laid down in Article 8, that the
   provisions of paragraph 1 shall apply exclusively to            — the area of the part of territory and its
   the part of territory concerned. By the same                         administrative and geographical boundaries,
   procedure, it may be decided that the said                      — the measures taken to control and restrict the
   provisions shall not apply to certain pigmeat-based                  movement of pigs out of the part of territory
   products manufactured at least six weeks before                      defined,
   the first case of the disease was detected.                     — the measures taken to ensure that pigmeat-
                                                                        based     products     introduced  into    intra-
                                                                        Community trade have been obtained from
O OJ No L 47, 21. 12. 1980, p. 4.                                       meat which does not come from the part of
O OJ No L 186, 8. 7. 1981, p. 20.                                       territory subject to prohibition,
 ---pagebreak--- 12.10. 84                        Official Journal of the European Communities                        N o C 272/11
  and, in the case of non-application of prohibition                               Article 2
  measures to certain products:
                                                            The Member States shall bring into force the laws,
  — the treatment to which the products have been           regulations and administrative provisions necessary to
      subjected,                                            comply with this Directive not later than 1 January
                                                            1985. They shall forthwith inform the Commission
  — the manufacturing dates,                                thereof.
                                                                                   Article 3
  — the measures taken to determine and guarantee
      the date of manufacture.'                             This Directive is addressed to the Member States.