CELEX: 51979PC0351
Language: en
Date: 1979-07-05
Title: PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN CONDITIONS DESIGNED TO RENDER AND KEEP THE TERRITORY OF THE COMMUNITY FREE FROM CLASSICAL SWINE FEVER (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 351
Vol. 1979/0130
 ---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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, 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.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, 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.
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), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(79 ) 351 final
                                                  Brussels . 5th July 1979
                                     PROPOSAL
                           FOR A COUNCIL REGULATION
                   LAYING DOWN CONDITIONS DESIGNED TO RENDER
                    AND KEEP THE TERRITORY OF THE COMMUNITY
                        FREE FROM CLASSICAL SWINE FEVER
                ( submitted to the Council by the Commission )
                                 //\"     N
                                /-  /    t--*
                               /<\                ^
                              /–■ '           ' ;   V
                              K                      E
                              L.
C0M(79 ) 351 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
Classical swine fever is a serious contagious disease in pigs which , in its
acute form , causes a high mortality rate and , in its other forms , a marked
reduction in the profitability of the undertaking ( abortion, sterility, fall
in the growth rate ).
The difference in the health situation in Member States increases the risks
of the disease spreading and raises obstacles to trade in live pigs .
Further to the proposal for a Council Regulation ( EEC ), laying down Community
measures to combat classical swine fever , submitted to the Council on
30 December 1978 , the purpose of this Regulation is to organize the
prevention of this disease by creating and maintaining throughout the
Community 's territory a satisfactory and uniform situation with a view to
freeing trade in the products concerned, without running the risk of spreading
the disease .
This situation must be reached by the gradual creation , taking account of the
differences among Member States in the incidence of the disease, of areas or
parts of areas free of classical swine fever , by harmonized supervision of
undertakings and of movements of pigs .  Maintaining areas or parts of areas
which offer the same guarantees of the absence of the disease will make it .
possible to abolish all health obstacles to trade, since such obstacles will
have become necessary .
 ---pagebreak---                             Council Regulation
       laying down conditions designed to render and keep the territory of
       the Community  free from classical , swine fever
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 ,
                  i
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas one of the Community 's veterinary tasks is to improve the state .of health
of farm animals , in order to increase the profitability of stock farming ;
Whereas this improvement must ensure that animal health is brought to the most
satisfactory level for the Community as a whole and maintained at that level ;
Whereas any action taken must be gradual because of the varying situations in
the Member States or parts thereof ;   whereas the action may begin in one or more
defined and controlled areas of a Member State'and be gradually extended 'to the '
rest of that Member State ;
Whereas areas of the Community which have been cleared of the disease can only be
kept free of it if the movement of pigs between Member States or parts thereof
which do not have the same degree of health clearance is controlled ;
Whereas , if the disease accidentally recurs in a Member State or a part thereof
which had been classified as cleared of the disease , suitable measures must be
taken for the immediate elimination of the disease so that the disease-free
classification may be restored as soon as possible ;
Whereas action of this kind should serve to eliminate obstacles to trade in live
animals                 between Member States caused by differences in the animal
health situation ;
 ---pagebreak--- Whereas the free circulation of Live pigs                  between Member States or
parts thereof will be greatly aided by making and keeping Member States or parts
thereof free from classical swine fever ; since there will no longer be .any need
for health protection barriers between Member States or parts thereof if they can
offer each other the same assurances of being disease-free ;
Whereas it will then be possible progressively to abolish any remaining barriers
to and prohibitions on intra-Community trade in live pigs                   based on
the risk of contamination by classical swine fever ; whereas provision should
be made for close cooperation between the Member States and the Commission for
this purpose /
HAS ADOPTED THIS REGULATION :
                                    Article 1
                                                     j
This Regulation defines the measures which Member States may apply in order to
eradicate classical swine fever from all or part of their territory and to keep
it free from that disease .
                                    Article 2
For the purposes of this Regulation :
( a ) " holding " means any establishment , agricultural or other , situated on the
       territory of a Member State, in which pigs are kept or bred ;
Cb ) " slaughter pig " means a pig :          intended to be taken :shortly to a
       slaughterhouse for slaughter ;
( c ) " fattening pig " means a pig fattened and intended for slaughter at the end
       of the fattening period with a view to meat production ;
( d > "breeding pig" means a male or female pig intended or used for ' reproduction
       with a view to the multiplication of the species ;
( e ) " official veterinarian " means a veterinarian designated by the competent
     . central authority of the Member State;      V
 ---pagebreak---                                        - 3 -
( f ) " region " means a portion of the territory of a Member State with an area
                                  2
        of approximately 4 000 km   which is subject to control by the competent
        authorities and which comprises one or more of the following administrative
        divisions :
        - in Belgium :          Province / Provincie
        - in Germany :          Regierungsbezirk
        - in Denmark :          Amt or
        - in France :           Département
       - in Italy :             Provincia
       - in Luxembourg :
       - in the Netherlands : Provincie
       - in the United          England, Wales and Northern Ireland :  County
                      Kingdom : Scotland :    Districts or island area
       - in Ireland :           County ;
( g ) " holding officially free from swine fever " means a holding where :
       - no swine fever has been detected for at least the last 12 months ,
       - no pigs have been vaccinated against swine fever ;
       - vaccination against swine fever has not been authorized for at least the last
          12 months .
       In addition , no swine fever must have been detected for at least the last
       12 months within a range of 2 km of the holding .
( h ) " region officially free from swine fever " means a region where all holdings
       are officially free from swine fever and , inter alia :
       - no swine fever has been detected for at least the last 12 months ,
       - no pigs have been vaccinated against swine fever ,
       - vaccination against swine fever has not been authorized for at least the last
          12 months ;
( i ) " region free from swine fever " means a region where :
        - no swine fever has been detected for at least . the last~12 months,
        - vaccination against swine fever has been authorized in the last 12 months
          only for fattening pigs ;
 ( j ) " vaccinated region " means a region where :
        - no swine fever has been detected for at least the last 12 months,
        - vaccination against swine fever is authorized for any category of pig .
 ---pagebreak---                                     Article 3
No pigs shall be brought on to a holding officially free from swine fever without
a certificate from an official veterinarian stating that they were born and reared
on holdings officially free from swine fever or that they come from a region
officially free from swine fever .
This certificate shall not be required where the pigs come from the officially
free region in which the holding of destination is situated, or from one or more
officially free regions bordering thereon; or where the territory of the
Member State       concerned consists only of officially free regions .
                                    Article 4
Without prejudice to the provisions of Article 3, and provided that only pigs
offering the same health guarantees are transported in any one vehicle , the movement
of breeding pigs within or into the regions referred to in Article 2 shall be per­
mitted as follows :
1 . without restriction within a region or between two or more regions of the
      same category which border on each other ;   this provision shall also apply
      where all regions of the Member state, concerned fall into the same category ;
2 . between regions of the same category which do not border on each other , provided
    ' that the pigs are accompanied by a certificate issued by an official
      veterinarian stating the category of the region of origin, the address of the
      holding of origin and, if the pigs come from a vaccinated region, the date of
      vaccination ;
3 . from a region officially free from swine fever to a region free from swine
      fever or a vaccinated region^and from a region free from swine fever to a
      vaccinated region, provided that the pigs are accompanied by a certificate
      issued by an official veterinarian stating the category of the region of origin
      and the address of the holding of     departure ;
 4 . from a region free from swine fever or a vaccinated region to a region officially
       free from swine fever, provided that the pigs are accompanied by a certificate
       issued by an official veterinarian stating the category of the region of origin
       and certifying' that :
       ( a) the pigs were born and reared on holdings officially free from swine fever
            and have been kept for at least 40 days on the holding from which they are
            sent ;
 ---pagebreak---          ( b ) not more than 10 days before the pigs * departure , the pigs on the holding
                °f departure underwent a clinical examination which established the
                absence of symptoms of swine fever ;
        ( c ) not more than 10 days before their departure from the holding , the pigs
                underwent, with neaative results , an examination for swine fever antibodies ir
               accordance with Annex I of the Council Regulation .... of ... laying down Com-
                                                                        (D
               munity measures for controlling classical swine fever
   5 . from a vaccinated region to a region free from swine fever , provided that the
        pigs . are accompanied by a certificate issued by an official veterinarian
        stating that :
        ( a ) the pigs were born and reared on holdings officially free from swine fever
                and have been kept for at least 40 days on the holding from which they are
                sent ;
        ( b ) not more than 10 days before the pigs' departure , the pigs on the holding
                of departure underwent a clinical examination which established the absence .
               of symptoms . of swine fever .
   6 . from a part of the territory of a Member State which is not included in . one of
        the regions referred to in this Regulation to a vaccinated region or a region
        free from swine fever , provided that the pigs are accompanied by a certificate
        issued by an official veterinarian containing the declaration provided for in
         paragraph 4(a)(b ) and < c ).
                                          Article 5
    Without prejudice to the provisions of Article 3 , and provided that only pigs offer­
   ing the same health guarantees are transported in any one vehicle , the movement of
   fattening pigs within or into the regions referred to in Article 2 shall be
    permitted as follows :
    - either in accordance with the conditions laid down for breeding pigs in Article A
    - or in accordance with the following conditions :
       1 . movements from a region free from swine fever or a vaccinated region to a
              region officially free from swine fever , provided that :
              ( a ) the holding of destination contains only fattening pigs , or, if it contair
                    both fattening and breeding pigs , the fattening pigs are housed, tended an
                    fed completely separately from the breeding pigs .
Draft being examined by the Council .
 ---pagebreak---       (b ) the pigs are accompanied by a certificate issued by an official
           veterinarian stating that the pigs were born and reared on holdings
           officially free from swine fever .
 Fattening pigs on the holding of destination may leave it only to be taken
straight to a slaughterhouse .
movements from a vaccinated region to a region free from swine fever , if the
pigs come from a holdjng officially free from swine fever, provided that they
are accompanied by a certificate issued by an official veterinarian stating
that the pigs were born and reared on holdings officially free from swine fever .
If the pigs do not come from a holding officially free from swine fever, th«y
may be so moved provided that :
( a) the holding of destination contains only fattening pigs or, if it contains
       both fattening and breeding pigs , the fattening pigs are housed, tended
       and fed completely separately from the breeding pigs ,
(b ) the pigs are accompanied by a certificate issued by an official veterinarian
       stating that the pigs come from a holding in a vaccinated area and, if the
       pigs have been vaccinated, the date of vaccination .
Fattening pigs on the holding of destination may leave it only to be taken
straight to a slaughterhouse .
movements from a part .of a Member State not lying
within one of the regions referred to in this Regulation to a region free from
swine fever, provided that : --
( a ) the holding of destination contains only fattening pigs , or, if it contains
      both fattening and breeding pigs , the fattening pigs are housed, tended and
       fed completely separately from the breeding pigs ,
(b ) the pigs are accompanied by a certificate issued by an official veterinarian
       stating that :
      - the pigs were born and reared on holdings officially free from swine fever,
       - or that they come from a holding and a zone which are not subject to
                                                                           (1 )
          supervisory or prohibitive measures pursuant to Regulation .....      and
          that at least 50% of the breeding pigs on the holding gave negative results
          when examined for swine fever antibodies in accordance with Annex I to
          that Regulation .
Fattening pigs on the holding of destination may leave it only to be taken
straight to a slaughterhouse .
See footnote to page 5 .
 ---pagebreak--- movements from a part of    a Member State not lying
within one of the regions referred to in this Regulation to a vaccinated regidh,
provided that :
 ( a) the holding of destination contains only fattening pigs , or, if it contains
      both fattening and breeding pigs , the fattening pigs are housed, tended and
      fed completely separately from the breeding pigs ,
                        %
 (b ) the pigs are accompanied by a certificate issued by an official veterinarian
      stating that they were born and reared on holdings officially free from
      swine fever or that they come from a holding and a zone which are not subject
      to supervisory or prohibitive measures pursuant to Regulation ....         ana,
      if the pigs have been vaccinated, the date of vaccination .
 Fattening pigs on the holding of destination may leave it only to be taken
 straight to a slaughterhouse .
                                Article 6
                                               ...        (1)
Without prejudice to the provisions of Regulation ...         , the movements of
slaughter pigs shall " not be subject "to "any restrictions provided that they.     ..
are transported directly from the holding to a slaughterhouse for, slaughter ...
However , within a single region or between two or more regions of the same cate­
gory bordering on each other , the transfer of slaughter pigs via a market may
be authorized/"provided that all the pigs . on . the market are taken directly to
a slaughterhouse or slaughterhouses designated by the competent authority .
* See footnote to page 5 .
 ---pagebreak---                                        Article 7
Th»i competent authority may decide that the veterinary certificate to accpnoany
the pigi> on its territory is to be replaced by an attestation containing the ■var^c
information and drawn up by the owner cr keeper of the pigs on the occasion of * ' .»
mo / sments referred to in Articles 3 and 4C2 ) ar.d ( 3 )
                                ♦
 In that Cdse , the competent authority must take ell necessary measures to ensure
tde control and effectiveness of the system applied .
                                       Article 8
                                                           .   .  .       (1 )
Provided that the preventive measures laid down in Regulation ....             are applied
without derogation, a holding which was officially declared free from swine fever
but which lost this classification temporarily when s^'ina fever was detected          shall
receive it again :
( a ) if the disease was detected on the holding' itself , 30 days after the
       introduction of pigs from a region or *         holdings officially free from swine
       fever ,
( b ) if the disease was not on the holding itself , but was detected on one or more
       holdings within a radius of 2 km , as soon as the measures provided for in
       Regulation           cease to apply .
                                       Article 9
"L If swine fever is detected on a holding , the classification of the region where
     the holding is situated shall be suspended for 15 days .       This suspension shall
     be extended to those regions containing holdings subject to the measures laid
                                               (1 )
     down in Article 8 of Regulation ....
2 . Without prejudice to the provisions of Article 5 , the region shall receive
     its classification again after 15 days on the following conditions :
     ( a ) if swine fever is detected on only two additional holdings epizoot iological ly
           related to the first , on condition that the measures laid down in
                           (1 )
           Regulation ....        are applied without derogation and without recourse to the
           vaccination provided for in Article 14 of that Regulation , and the restrictions
           on the last infected holding have been lifted ,
     See footnote to page 5 .
 ---pagebreak---                                              • y «
      ( b ) if swine fever is detected on not more than 10 additional holdings
             epizootiologically related to the first , and these holdings are so located
             that the competent authorities can delimit an area of sufficient size
             including all the said holdings but not exceeding one quarter of the region 's
             total area , on condition that the area so delimited is excluded from the
             rest of the region and that movements of pigs therefrom are subject to the
             conditions laid dovJn in Article 4 in respect of regions not defined in this
             Regulation while the conditions for the entry of pigs are maintained with a
             view to the area 's reintegration .
 3 . Regions whose classification has been suspended pursuant to the second sentence
      of paragraph 1 shall receive it again as soon as the restrictions imposed under
                                        (1 )
      Article 8 of Regulation ....            have been lifted .
4 . The area temporarily excluded shall be reintegrated into its region of origin
      subject to the following conditions :
                                                                         (1 )
      ( a ) if the measures taken in accordance with Regulation ....          are applied
             without derogation and without recourse to the vaccination provided for in
                                                             a
             Article 14 of that Regulation, 30 days after the lifting of the measures
             taken in respect of the last infected holding ,
      ( b ) if the vaccination has been carried out in accordance with Article 14 of
                               (1 )
             Regulation ....        :
             ( i ) the area temporarily excluded from a Vaccinated region shall be
                   reintegrated into the region 30 days after the lifting of the measures
                   taken in respect of the last infected holding ;
           ( ii ) the area temporarily excluded from a region free from swine fever shall be
                   reintegrated into the region 30 days after the lifting of the measures
                   taken in respect of the last infected holding , provided that all the
                   vaccinated pigs are considered as fattening pigs ;
          Ciii ) the area temporily excluded from a region officially free from swine
                   fever shall be reintegrated into the region 30 days after the lifting of
                   the measures taken in respect of the last infected holding provided that
                   all vaccinated pigs have been slaughtered or removed or as soon as the
                   last vaccinated pig has been slaughtered or removed, if this requires
                   more than 30 days ;
           ( iv ) to deal with a given situation, at the request of the Member State
                   concerned , more flexible conditions than those laid down in ( ii ) and ( iii )
                   may be adopted in accordance with the procedure laid down in Article 13 .
 ( 1 ).       ....
      See footnote to page 5 .
 ---pagebreak---                                               - 10 -
                       in adopting these conditions the following should be taken into account ;
                       - the incidence of the disease .
                       - the location, size and structure of the infected holdings ,
                       - the number of pigs concerned,
  t                    - the density of stocking in the area and in the rest of the region,
                       - the presence of vaccinated pigs on certain holdings and the use of
  1                      these pigs ,
                       - the official steps taken at the time of vaccination in accordance with
                                                        (1 )
                         Article 14 of Regulation ....       , in particular to prevent the
                         maintenance of virus carriers .
     5 . At the end of the period of 15 days laid down in paragraph 1 , the whole region
           shall lose its status if :
           ( a ) the infected holdings are not linked epizootiologically, or
           ( b ) more than 11 holdings are infected, or
            ( c ) swine fever has been detected outside the area infected in accordance with
                   paragraph 2 ( b ) .
                                            Article 10
i   Without prejudice to the provisions of Article 8 , a region whose classification
    has been withdrawn pursuant to Article 9(5 ) may recover its original~classif i cation,
    . or receive a new classification, subject to the following conditions :
                                                                                                        I
     ( a ) the region shall recover its original classification as a region officially
              free from swine fever six months after the lifting of the measures taken in             . .
              respect of the last infected holding , provided that the ban on vaccination was
              maintained throughout the period of infection or, if Recourse was had to vaccina-
         v tion in accordance with Article 14 of Regulation ...                that this ban has been   !
                                                         _        - '-       •     •   "                I
             in force again for at least six months and all vaccinated pigs have been slaughr-
          > tered within this period .
              < i > if the slaughtering of vaccinated pigs considered as fattening pigs is not
                    completed on expiry of the six-month period the region shall be temporarily
                    classified as free from swine fever and shall be classified as officially
                    free from swine fever again as soon as all these pigs have been slaughtered,        |
            Cii ) if vaccinated pigs are kept in the region for use as breeding pigs after
                    expiry of the six-month period, the region shall be classified as a vaccinated
                    region .
     (1 )
           See footnote to page 5
 ---pagebreak---                                             - 11 -
     < b ) A region shall recover its original classification as a region free from swine
             fever six months after the lifting of the measures taken in respect of the last         '
             infected holding , provided that the provisions concerning the vaccination of
             pigs remained in force during tbe whole period of infection or that the
                                                                                              (1 )
             fattening pigs were vaccinated in accordance with Article 14 of Regulation
             If vaccinated pigs are kept in the region and may be used as breeding pigs ,
             the region shall be classified as a vaccinated region .
     ( c ) A region shall receive its original classification as a vaccinated region six
             months after the lifting of the measures imposed in respect of the last infected
             holding .
2 . During the period necessary for recoveringor acquiring a classification , the movement
    of pigs into the region in question shall be subject to the conditions laid down
    for entry into the prospective category of region .
                                           Article 11
                                                              »
    Each Member State shall inform the Commission and the other Member States of the
    measures adopted pursuant to this Regulation .        It shall state in particular the
    number of regions into which it has been . or will be divided and the reasons for
    the classification and composition of each .        It shall immediately notify any changes ,
    together with the reasons therefor .
                                           Article 12
    Member States whose territory or part of whose territory includes regions as defined
    in Article 2 which are subject to the provisions of this Regulation may be
    authorized, in* accordance with the procedure laid down in Article 13 , to require,
                                                                                     ( 2)
    in addition to the guarantees provided for in Co'uncil Directive 64M32 / EEC
    when live pigs are brought from
    other Member States into the said regions , the guarantees provided for in this
    Regulation in respect of the movement of pigs between ^on^conFiguous regions ;                 r
                                           Article 13
    1 . Where the procedure laid down in this Article is to be followed, the Chairman
           shall     '          • refer the matter to the Standing Veterinary Committee
           ( hereinafter called the " Committee") set up by the Council Decision of 15 October
           1968 , either on his own initiative or at the request of a Member State . ;
     (1 )
           See footnote to page 5 .                             1
      ( 2 ) OJ No . ..    ____                                    _         ' _                      .
 ---pagebreak---                                          12 -
2 . Within the Committee the votes of the Member States shall be weighted as
    provided in Article 148 ( 2 ) of the Treaty .   The Chairman shall not vote .
3 . The representative of the Commission shall submit a draft of the measures to be
    taken .  The Committee shall deliver its Opinion on such measures within the time
    limit to be set by the Chairman according to the urgency of the questions under
    consideration .     An Opinion shall be adopted by a majority of 41 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
               •• à t '
    accordance with the opinion of the Committee or if no opinion is delivered,
    the Commission shall without delay submit to the Council a proposal regarding
    the measures to be adopted .     The Council shall adopt the measures by a qualified
    majority .                                                                  1
If , within three months of the date on which the proposal was submitted to it , the
Council has not adopted any measures , the Commission shall adopt the proposed
measures andapply them immediately .
                                     Article 14
Article 13 shall apply until 21 June 1981 .
                                     Article 15
After consulting the Member States within the Standing Veterinary Committee , the
Commission shall , before 1 July 1984 , submit to the Council a report on the
application of this Regulation by the Member States and the current situation in
the Community in respect of swine fever , together with any proposals for continuing
the harmonization of rules in order to eradicate the disease .
                                     Article 16
This Regulation shall enter into force on 1 July 1981 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
  Done at Brussels ,                                             For the Council
                                                                   The President