CELEX: 51984PC0500(01)
Language: en
Date: 1984-09-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 64/432/EEC AS REGARDS CERTAIN MEASURES RELATING TO CLASSICAL SWINE FEVER AND AFRICAN SWINE FEVER

N o C 272/6                          Official Journal of the European Communities                               12.10.84
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
             Proposal for a Council Directive amending Directive 64/432/EEC as regards certain
                           measures relating to classical swine fever and African swine fever
                                                   COM(84) 500 final
                          (Submitted by the Commission to the Council on 26 September 1984)
                                                      (84/C 272/06)
THE COUNCIL OF THE EUROPEAN                                     HAS ADOPTED THIS DIRECTIVE:
COMMUNITIES,
                                                                                         Article 1
Having regard to the Treaty establishing the
                                                                Directive 64/432/EEC is hereby amended as follows:
European Economic Community, and in particular
Article 43 thereof,
                                                                 1. In Article 3 (2) (b) (ii), the words 'a protective
                                                                    area with a radius of two kilometres shall be
Having regard to the proposal from the Commission,                  established around the holding for a period of 15
                                                                    days' shall be replaced by the words 'a protection
                                                                    zone with a radius of three kilometres shall be
Having regard to the opinion of the European                        established around the holding for a period of 30
Parliament,                                                         days where the disease is swine fever and with a
                                                                    radius of two kilometres for 15 days where other
Having regard to the opinion of the Economic and                    diseases are involved.'
Social Committee,
                                                                 2. Article 4c (1)     (c) shall be replaced      by the
                                                                    following:
Whereas Council Directive 64/432/EEC (1), as last
amended by Directive 84/336/EEC (2), lays down the                  '(c) or a part of territory made up of a region or
health requirements to be fulfilled by live cattle and                   several adjacent regions recognized as
pigs intended for intra-Community trade;                                 officially swine fever-free for the purpose of
                                                                         intra-Community trade by the Council acting
                                                                         unanimously on a proposal from the
Whereas, in view of the development of classical                         Commission within three months following
swine fever in certain parts of the territory of the                     the date on which the proposal was referred
Community, the measures relating to trade should be                      to it.
strengthened and the circumstances in which the
status of the officially swine fever-free regions should                 Without prejudice to the possibility of
be altered in the event of an outbreak of the disease                    recourse to Article 9, the Member States in
should be more clearly defined;                                          question shall suspend this status upon the
                                                                         occurrence of an outbreak of swine fever and
                                                                         shall forthwith inform the Commission and
Whereas, even if it occurs only exceptionally in                         the other Member States thereof. The
certain parts of the territory of the Community,                         Member State concerned shall lift the
African swine fever constitutes a danger of contami-                     suspension either 30 days after the eradiction
nation to the pig herds of the Member States;                            of the last outbreak of the disease if there has
whereas rules should therefore be established laying                     been no vaccination or 30 days after the
down protective measures to be applied in intra-                         eradication of the last outbreak of the disease
Community trade in live pigs,                                            and the elimination of the vaccinated pigs if
                                                                         there has been a vaccination. It shall inform
                                                                         the Commission and the other Member States
                                                                         of the lifting of the suspension. When two
(') OJ No 121, 29. 7. 1964, p. 1977/64.                                  months have elapsed between the dates on
(*) OJ No L 177, 4. 7. 1984, p. 22.                                      which the first and last outbreaks were
 ---pagebreak--- 12.10.84                              Official Journal of the European Communities                           No C 272/7
         detected, the Member State concerned shall                 4.     Decisions to lift measures applied under this
         forthwith inform the Commission thereof. In                Article shall be taken in accordance with the
         this case, the status may be withdrawn in                  procedure laid down in Article 13.'
         accordance with the procedure laid down in
         Article 13.                                             5. The following Article shall be inserted:
                                                                     'Article 9b
         In the event of withdrawal, the status may be
         granted afresh to the part of territory in                 1.     For the purposes of defining the parts of
         question in accordance with the same                       territory referred to in Article 9a (2), particular
         procedure only after a period of:                          account shall be taken of:
         — not less than three months after the                     — the methods used to control and eradicate
             eradication of the last outbreak of the                     African swine fever,
             disease if there has been no vaccination,              — the absence of the disease for at least 12
         — not less than six months after the                            months,
             eradication of the last outbreak of the                — the area of the parts of territory and their
             disease and after the elimination of the                    administrative and geographical boundaries,
             vaccinated pigs if there has been vac-                 — the protective measures taken to prevent the
             cination.'                                                  contamination or recontamination of pig herds,
                                                                    — the measures taken to control the movement of
3. The following subparagraph shall be added to                          pigs.
   Article 9 ( 1 ) :
                                                                    2.     For the purposes of defining the parts of
                                                                    territory referred to in Article 9a (3), particular
   'However, where the disease in question is African               account shall be taken of:
   swine fever, the provisions of Article 9a shall
   apply/                                                           — the methods used to combat the disease, in
                                                                         particular the elimination of pigs from farms
                                                                         which are infected, contaminated or suspected
4. The following Article shall be inserted:                              of contamination,
                                                                    — the area of the part of territory and its
    'Article 9a                                                          administrative and geographical boundaries,
                                                                    — the incidence of the disease and its tendency to
   1.     A Member State in whose territory African                      spread,
   swine fever has been detected within the previous                — the measures taken to prevent the disease from
    12 months shall not export live pigs to the territory                spreading,
   of the other Member States.
                                                                    — the measures taken to restrict and control the
                                                                         movement of pigs both inside and out of the
   2.     It may be decided, in accordance with the
                                                                         part of territory concerned.'
   procedure laid down in Article 12, that the
   provisions of paragraph 1 shall not apply to one or
                                                                                           Article 2
   more parts of territory of the Member State
   concerned.                                                    The Member States shall bring into force the laws,
                                                                 regulations and administrative provisions necessary to
    3.     Where there is an outbreak of African swine           comply with this Directive not later than 1 January
    fever in the territory of a Member State where the            1985. They shall forthwith inform the Commission
    disease has not been detected for at least 12                thereof.
   procedure laid down in Article 13, that the                                             Article 3
   provisions of paragraph 1 shall apply exclusively to
   the part of territory concerned.                              This Directive is addressed to the Member States.