CELEX: 51988PC0818
Language: en
Date: 1988-12-13
Title: Proposal for a COUNCIL DECISION derogating from prohibitions relating to African swine fever for certain areas in Spain (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 818
Vol. 1988/0269
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM ( 88 ) 818 final.
                                          Brussels , 13 December 1988
                     Proposai for a
                    COUNCIL DECISION
              derogating from prohibitions
           relating to African swine fever
               for certain areas in Spain
            ( presented by the Commission )
 ---pagebreak---                                   Explanatory Mémorandum
Articles 9a(l ) of Directive 64 / 432 / EEC , 8a(l ) of Directive 72 / 461 / EEC and
7a(l ) of Directive 80 / 215 / EEC allow , by a Commission decision a derogation to
be granted for one or more parts of the territory of a Member State where
African swine fever has been recorded within the previous 12 months from
prohibitions on the export of live swine , fresh pigmeat and certain meat
products to other Member States , providing certain technical requirements have
been met .
The technical requirements to be met before a derogation is granted relate in
particular to methods for monitoring and eradicating African swine fever ,
disease-free status for at least 12 months , protective measures taken to
prevent the spread of the disease and measures to monitor movements of swine .
An area in Spain fulfils the requirements laid down for granting a dérogation ,
as provided for in this Decision .
The draft Decision has no financial conséquences .
The Standing Veterinary Committee has delivered an unfavourable opinion .
 ---pagebreak---                                        Proposai for a
                                      C0UNC1L DECISION
                                derogating from prohibitions
                   relating to African swine fever for certain areas
                                           in Spain
THE C0UNC1L OF THE EUROPEAN C0MMUN1T1ES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Directive 64 / 432 / EEC of 26 June 1964 on animal health
problems affecting intra-Community trade in bovine animals and swine ^^, as
                                           (2)
last amended by Directive 88 / 406 / EEC       , and in particular Article 9a
thereof ,
Having regard to Council Directive 72 / 461 / EEC of 12 December 1972 on health
                                                                (3)
problems affecting intra-Community trade in fresh meat              , as last amended
                            (4)
by Directive 87 / 489 / EEC     , and in particular Article 8a thereof ,
Having regard to Council Directive 80 / 215 / EEC of 22 January 1980 on animal
health problems affecting intra-Community trade in meat products ^\ as last
amended by Directive 87 / 491 /EEC ^\ and in particular Article 7a thereof ,
Whereas , pursuant to Articles 9a(l ) of Directive 64 / 432 / EEC , 8a(l ) of
Directive 72 / 462 / EEC and 7a(l ) of Directive 80 / 215 / EEC , a derogation from the
prohibition on the export of live swine , fresh pigmeat and certain meat
products may be granted for one or more parts of the territory of a Member
State where African swine fever has been recorded within the previous 12
months ;
(1) OJ No    121 ,   29.07.1964 , P- 197
(2) OJ No L  194 ,   22.07.1988 , P· 1 .
(3) OJ No L  302 ,   31.12.1972 ,  P· 24 .
(4) OJ No L  280 ,   03.10.1987 ,  P· 28 .
(5) OJ No L    47 ,  21.02.1980 ,  P·  4 .
(6) OJ No L  279 , 02.10.1987 ,    P· 27 .
 ---pagebreak---                                               2
                                 *
Whereas a derogation as referred to in the above recitals , complies with
Article 9b(1 ) of Directive 64 / 432 / EEC , 8b(l ) of Directive 72 / 461 / EEC and 7b(l )
of Directive 80 / 215 / EEC whereas in particular it takes account of the methods
for monitoring and eradicating African swine fever , disease-free status for at
least 12 months , the part or parts of the territory and their administrative
and geographical boundaries , the protective measures taken to prevent the
spread of the disease and the measures taken to monitor the movements of swine ;
Whereas the Spanish authorities have undertaken , in particular in a letter of
14 October 1988 to the Commission , to implement all measures providing the
necessary guarantees ;
Whereas the Spanish authorities have also undertaken to implement the measures
set out below by 1 January 1989 at the latest ;
Whereas to that end :
   a ban has been introduced on movements of swine and fresh pig meat from
   areas where African swine fever has been recorded to areas designated as
   qualifying under a derogation relating to intra-Community trade ; whereas
   pigmeat products which have undergone treatment involving natural
   fermentation and maturation of the type laid down for products such as
   Serrano ham , Chorizo and Lomo manufactured in areas where African swine
   fever has been recorded may be marketed ( consumed ) in the areas designated
   as qualifying under a derogation provided that the fresh pigmeat used for
   the manufacture comes from swine which have undergone a serological test
   immediately prior to slaughter and have been found free of antibodies of
   the African swine fever virus ;
- meat products from the area designated as qualifying under a derogation
   relating to intra-Community trade must be stored and transported separately
   from meat products from areas where African swine fever has beenrecorded ;
- a system for the identification of slaughter pigs has been adopted
   throughout Spain and forms part of the national identification system for
   swine ;
   the serological screening programme for African swine fever must continue
   to be applied throughout Spain ;
-  the systematic slaughter policy is also to apply to a pig herd where only
   one or a few sero positive pigs are identified in the herd ;
                                                                                           L
 ---pagebreak--- -  the systematic slaughter policy is to provide in ail parts of Spain that :
   a)   an epidemiological investigation is to be carried out .    The
        investigation is to take account of movement to and from the infected
        site of persons , livestock , vehicles , meat and any other material which
        may carry the African swine fever virus ;
   b)   herds identified as possibly infected as a result of thè
        epidemiological investigation are to be declared prohibited immediately
        and must undergo a clinical , serological and virological examination as
        appropriate ,
   c)   a protection zone with a radius of 3km is to be established and signs
        are to be set up on ail major roads to mark the borders of the zone ;
Whereas in addition in areas designated as qualifying under a derogation
relating to intra-Community trade , the systematic slaughter policy must
entail , without prejudice to restrive measures to be implemented in trade :
-  a surveillance zone for swine with a radius of at least 10 km , taking into
   account geographical boundaries .    The zone must be established for at least
   30 days . Swine may not leave the holdings on which they are kept during
   the first 15 days . Between the 15th day and the 30th day the pigs may not
   leave the holding except to be transported under official supervision
   directly to a slaughterhouse for immediate slaughter . Such transport may
   be authorized by the competent authority only after :
   a)   the official veterinarian has carried out an examination of all swine
        on the holding and confirmed that none of the swine may be suspected of
        being infected with swine fever ,
   b)   a serological examination has been carried out on all swine on the
        holding without detecting African swine fever antibodies .     Only swine
        intended for slaughter , however , must undergo a serological
        examination , when the serological screening programme referred to in
        the following indent has been completed on the holding in question
        without African swine fever antibodies being detected ;
 ---pagebreak---                                                      4
         all herds within the surveillance zone are to be subject to a serological
         screening programme for African swine fever .
    -   meat originating from swine sent to a slaughterhouse in accordance with thè
         provisions in thè first indent may only be used in meat products which have
         undergone in thè course of manufacture treatments as referred to in
         Artide 4.(1 ) ( a ) of Directive 80 / 215 / EEC ;
    -   movements of fresh meat and meat products excepting products which have
        undergone treatments as referred to in Article 4.(l)(a ) of Directive
        80 / 215 / EEC from the protection zone are to be prohibited for 30 days ,
    Whereas , in the light of the commitments referred to in the above recitals ,
    provisions may be made for a derogation from the prohibitions relating to
    African swine fever for certain parts of the territory of Spain ;
»
O
■   Whereas , provision should be made for a period before authorizing Spain to
    dispatch live swine , fresh meat and certain meat products from certain parts      *
 ‘  of its territory ;
 £  Whereas , where African swine fever breaks out in one or more areas in that
 |  part of Spain qualifying under a dérogation from prohibitions relating to
 |  African swine fever , the Member States are to continue to be able to adopt the
  • necessary protective measures , in particular under Articles 9 of Directive
  ! 64 / 432 / EEC , 8 of Directive 72 / 461 / EEC and 7 of Directive 80 / 215 / EEC ;
  l
 i
  \
  | Whereas the Standing Veterinary Committee has not delivered a favourable
  i opinion ,
                                                                                         c
 ---pagebreak---                                               5
HAS ADOPTED THIS DECISION :
                                         Article 1
1.  Spain is hereby authorized to consign live swine as defined in paragraph 2
    to other Member States from those parts of its territory defined in the
    Annex hereto .
2.  b'or lhe purpose of paragraph 1 , " live swine means :
    ( a)  swine born after 1 January 1989 , reared and kept throughout their
          lives within those parts of the territory defined in the Annex hereto ;
    (b)   swine coming from other Member States in accordance with the
          conditions laid down in Council Directive 64 / 432 / EEC , into those
          parts of the territory of Spain defined in the Annex hereto ;
    (c)   swine imported from third countries , after 1 January 1989 in           v
          accordance with the conditions laid down in Council
          Directive 72 / 462 / EEC , into those parts of the territory of Spain
          defined in the Annex hereto .
3.  The health certificate provided for in Council Directive 64 / 432 / EEC and
    accompanying live swine consigned from Spain shall bear the following
    " Pigs conforming to Council Decision 88 / ... / EEC of ..... derogating from
    prohibitions relating to African swine fever for certain areas in Spain ".
                                          Article 2
1.  Spain is hereby authorized to consign fresh pigmeat as defined in
    paragraph 2 to other Member States from those parts of its territory
    defined in the Annex hereto .
 ---pagebreak---                                                      6
    4 -
        2. For the purposos of paragraph 1 , " fcesh pigmeat mcans :
    *•
    t
           ( a) fresh pigmeat obtained from swine as defined in Article 1 ( 2 ) and
                slaughtered in slaughterhouses , cut in cutting plants and stored in
    »
                stores situated within those parts of the territory defined in the
   ►
                Annex hereto ;
  Г
           (b)  fresh pigmeat coming from other Member States after 1 January 1989 ,
                in accordance with the conditions laid down in Council
 #-
 «
                Directive 72 / 461 / EEC , into those parts of the territory of Spain
 x
                defined in the Annex hereto ;
J*
»
           (c)  fresh pigmeat imported from third countries after 1 January 1989 , in
¥
                accordance with the conditions laid down in Council
3
                Directive 72 /462 / EEC , into those parts of the territory of Spain
I
                defined in the Annex hereto .
f
h
%
t
        3. The health certificate provided for in Directive 64 / 433 / EEC and
t­
«
           accompanying fresh meat consigned from Spain shall bear the following
F
           words :
           "Meat conforming to Council Decision 88 / ... / EEC of ..... derogating from
I
           prohibitions relating to African swine fever for certain areas in Spain".
i
►
к
»
 I
 i
 >•
                                                Article 3
 »
 j
 ■
        1. Spain is hereby authorized to consign meat products as defined in
 ;
           paragraph 2 and containing pigmeat other than as referred to in
 I
           Article 4 ( 1 ) ( a ) of Directive 80 / 215 / EEC to other Member States from
 i
           those parts of its territory defined in the Annex hereto .
  t
  «
  5
  J
  1
 ---pagebreak---                                                7
2.  For the purposes of paragraph 1 , "méat products " means :
                                                                                         i
    (a)   meat products prepared after 1 January 1989 from fresh meat as
          defined in Article 2 ( 2 ) in establishments situated within those
          parts of the territory defined in the Annex hereto ;
    (b)   meat products coming after 1 January 1989 from other Member States in
          accordance with the conditions laid down in Directive 80 / 215 / EEC into
          those parts of the territory of Spain defined in the Annex hereto ;
    (c)   méat products imported after 1 January 1989 from third countries , in
          accordance with the conditions laid down in Article 12 of Directive
          80 / 215 / EEC , into those parts of the territory of Spain defined in the
          Annex hereto ;
    (d)   meat products prepared after 1 January 1989 from meat products as
          defined in ( a ), ( b ) and ( c ).
3.  The health certificate provided for in Directive 77 / 99 / EEC and
    accompanying meat products other than as referred to in Article 4(1)(a ) of      «
    Directive 80 / 215 / EEC and consigned from Spain shall bear the following
    words  :
    " Products conforming to Commission Decision 88/...../EEC of .....
    derogating from prohibitions relating to African swine fever for certain
    areas in Spain” .
                                           Article 4
The Commission shall monitor the situation and this Decision shall possibly be
amended on the basis of that situation .
                                                                                       3
 ---pagebreak---                                     Article 5
Member States shall amend the measures which they apply to intra-Community
trade in order to comply with this Decision on 1 Martel 1989 . They shall
immediately inform the Commission thereof .        X
                                    Article 6
This Decision is addressed to the Member States .
Done at Brussels                                            For the Council
 ---pagebreak---                                           9
                                       ANNEX
All parts of the territory of Spain situated to the north and east of a line
formed by :
- the river Tormes from where it joins the river Duero at the border with
  Portugal , to lake Embalse de Almenda , through the towns of Ledesma and
  Salamanca to the town of Alba de Tormes ;
- road C 510 from Alba de Tormes to Anaya de Alba and Horcajo - Medianero and
  to the provincial border between the provinces of Salamanca and Avila ;
- the provincial border between Salamanca and Avila south and south-west up to
  where the border meets the provincial border of Caceres ;
- the provincial border between Avila and Caceres south-east up to where it
  meets road C110 at Puerto de Tornavacas ;
- road C110 from Puerto de Tornavacas south-west up to Tornavacas , Jerte and
  Plasencia ;
- road C 524 from Plasencia south to Trujillo ;
- the road from Trujillo going south through the villages of La Cumbre and
  Montanchez to Merida ;
- road 630 south through Torremegia and Almendralejo up to Villafranca de los
  Barros .
- the road from Villafranca de los Barros east through Ribera del Fresno ,
  Hornachos and Campillo de Lierena to Peraleda del Zancejo and then
  north-east along the road to Monterrubio la Serena and Helechal until it
  meets the railroad at Cabeza del Buey ;
                                                                               J
 ---pagebreak---                                          10 -
- The railroad ( Castuera-Puertollano ) from Cabeza del Buey direction east
  until the railroad crosses the provincial border between the provinces of
  Badajoz and Cordoba ; the provincial border of Cordoba until it crosses the
  river Cuadaimez ,
- The river Guadalmez in south-east direction ; the provincial border between
  the provinces of Ciudad Real and Cordoba , the river Kio de las YeguaB in
  south direction and forming the provincial border between the provinces of
  Cordoba and Jean ; the river Guadalquivir in direction south-west from the
  town Villa del Rio through the towns Montoro , El Carplo , Cordoba , Almodovar
  del Rio , Posadas , Penaflor , Villaverde del Rio , Alcole del Rio , Sevilla and
  Coria del Rio until it meets the provincial border between Cordoba and Cadiz .
- The road from the river Guadalquivir in the direction south-east through the
  town Trebujena and Mesas de Asta to Jerez de la Frontera .
- The road 342 direction east through the towns Arcos de la Frontera , Bornos ,
  Villamartin , Algodon&les to Olvera .
- The road from Olvera direction south-east through Estacion de Setinil to
  Çuevas del Becerro .
- The road from Cuevas del Becerro in direction north-e&st to Ruertas y Montes
  and then in the direction South-East to Ardales and further south to
  El Burgo .
- The road 344 from El Burgo through Aloz&ina to Coin .
- The road 337 from Coin through Monda , Ojen and Marbella to the Kedlterranean
  Sea .