CELEX: 51986PC0555(02)
Language: en
Date: 1986-10-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 80/1095/EEC LAYING DOWN CONDITIONS DESIGNED TO RENDER AND KEEP THE TERRITORY OF THE COMMUNITY FREE FROM CLASSICAL SWINE FEVER

21. 11. 86                               Official Journal of the European Communities                                No C 295/5
 from classical swine fever but which, as a result of an                                      Article 6
 outbreak of the disease and the latter's persistence, lost
 that status during the period for carrying out the                  Council Regulation (EEC) No 129/78 of 24 January
 measures provided for in Article 2(1).                               1978 on the exchange rates to be applied for the
                                                                     purposes of the common agricultural structures polity (x)
                                                                     and Articles 8 and 9 of Regulation (EEC) No 729/70
 2.    Member States shall inform the Commission as                  shall apply mutatis mutandis.
 soon as possible of the measures taken under Article 3
                                                                                              Article 7
 (3) should there be an outbreak of swine fever.
                                                                      1.   Where the procedure laid down in this Article is to
                                                                     be followed, matters shall be referred without delay by
 3.    The Commission shall examine the plans or                     its chairman, either on his own initiative or at the request
 measures forwarded in accordance with paragraphs 1                  of a Member State, to the Standing Veterinary
 and 2 to determine whether, in terms of their conformity            Committee (hereinafter called 'the Committee') set up by
 with the rules referred to in Article 1 and in the light of         Decision 68/361/EEC.
 the objectives of those rules, the conditions for a
 financial contribution by the Community have been met.              2.    Within the Committe the votes of the represen-
 Within two months following receipt of the plans or                 tatives of the Member States shall be weighted in the
 measures, the Commission shall submit a draft Decision              manner set out in Article 148 (2) of the Treaty. The
                                                                     chairman shall not vote.
'to the Standing Veterinary Committee. The Committee
 shall deliver its opinion in accordance with the procedure          3.    The Commission representative shall submit a draft
 laid down in Article 7. The Fund Committee shall be                 of the measures to be adopted. The Committee shall
 consulted on the financial aspects.                                 deliver its opinion on the draft within a time limit which
                                                                     the chairman may lay down according to the urgency of
                                                                     the matter. The opinion shall be adopted by the majority
 4.    The Commission shall make regular on-the-spot                 laid down in Article 148 (2) of the Treaty.
 checks to verify from a veterinary viewpoint whether the
                                                                     4.    The Commission shall adopt the measures
 plans are being applied.                                            envisaged if they are in accordance with the opinion of
                                                                     the Committee. Where they are not in accordance with
 Member States shall take the necessary steps to facilitate          the opinion of the Committee, or if no opinion is
 these checks and, in particular, to ensure that the experts         delivered, the Commission shall without delay submit to
 are supplied at their request with all the information and          the Council a proposal on the measures to be adopted.
 documentation needed for assessing the execution of the             The Council shall act by a qualified majority.
 plans.
                                                                     If the Council has acted within three months of the date
                                                                     on which the proposal was referred to it, the
 The general provisions for implementing this Article,
                                                                     Commission shall adopt the proposed measures.
 especially as regards the frequency and method of
 carrying out the checks referred to in the first subpara-                                    Article 8
 graph, the rules governing the appointment of the
 veterinary experts and the procedure which the latter must          This Decision is addressed to the Member States.
 follow when drawing up their report, shall be laid down in
 accordance with the prodecure set out in Article 7.                 O OJ No L 20, 25. 1. 1978, p. 16.
               Proposal for a Council Directive amending Directive 80/1095/EEC laying down conditions
                   designed to render and keep the territory of the Community free from classical swine fever
                                                       COM(86) 555 final
                               (Submitted by the Commission to the Council on 5 November 1986)
                                                         (86/C 295/05)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Having regard to the opinion of the European Par-
                                                                     liament,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 43
 thereof,
                                                                     Having regard to the opinion of the Economic and
 Having regard to the proposal from the Commission,                  Social Committee,
 ---pagebreak--- No C 295/6                             Official Journal of the European Communities                                    21.11.86
Whereas Council Directive 80/1095/EEC (') as last                    years. The new plan must meet the requirements laid
amended by Regulation (EEC) N o 3768/85 (2), lays                    down in Article 4a and be approved in accordance
down that Member States which are not officially swine-              with Article 5 of Decision . . . '
fever-free must carry out national programmes with a
view to eradicating the disease during a five-year period;
                                                                  2. The following Article 4a is inserted:
Whereas, because of a serious outbreak of classical swine
fever in their territory during that period, certain
Member States have experienced difficulties                in         Article 4a
completing their eradication programme;
                                                                     1.     The new plan referred to in Article 3a must be
Whereas the disease has, thanks to the measures adopted              designed to ensure that, upon expiry of the period
to combat it, in particular the setting-up of vaccination            specified, the territory of the Member State
areas, been brought under control; whereas, therefore,               concerned will be officially free from classical swine
the Member States concerned could continue to                        fever.
implement the control operations with a view to making
the territories in question free from classical swine fever
and whereas an additional five-year period is therefore
                                                                     2.     The new plan must specify as appropriate:
required; whereas these measures may prove necessary in
those Member States from which the disease has already
been eradicated;
                                                                     (a) in the case of regions where vaccination has been
                                                                          performed for upwards of one year:
Whereas in the light of those developments provision                      — the number of holdings selected for the
should be made for coordinating the arrangements for                          purpose of obtaining samples which are
discontinuing systematic vaccination where that type of                       representative of the region concerned, and
vaccination is performed;                                                     the number of pigs in each holding,
                                                                          — the number of piglets which have been
                                                                              produced by vaccinated sows on those
Whereas the establishment and maintenance of officially                       holdings and which will not be vaccinated,
swine-fever-free Member States or parts of Member
                                                                          — the number and description of the tests which
States will contribute to free movement of live pigs and
pigmeat as well as to improvements in the productivity of                     those piglets will undergo over a six-month
breeding herds and, as a result, to the income of those                       period with a view to detecting whether or not
working in this sector,                                                       the classical swine fever virus is present,
                                                                          — that vaccination must be discontinued if the
                                                                              tests referred to in the third indent reveal that
                                                                              the classical swine fever virus is not present,
HAS ADOPTED THIS DIRECTIVE:                                                   and the date on which the prohibitions is
                                                                              likely to take effect;
                          Article 1
Directive 80/1095/EEC is hereby amended as follows:                  (b) in the case of regions where vaccination has been
                                                                          performed for less than 12 months:
                                                                          — the date of commencement of vaccination,
 1. The following Article 3a is inserted:
                                                                          — the likely date on which the measures referred
                                                                              to in (a) will be implemented;
     'Article 3a
                                                                     (c) in the case of Member States or parts of
    1.     Any Member State which is not officially swine-                territories in which vaccination has been
    fever-free upon completion of the measure specified                   suspended but which are not yet officially swine-
    in Article 3 shall prepare a new plan for completing                  fever-free :
    the eradication of the disease.
                                                                          — the number of herds (breeding, multiplier,
                                                                              mixed and fattening herds) in which spot
    2.     The period for implementing the new plan shall                     checks will be carried out,
    be such that the total period for implementing the                    — the total number and description of the tests
    measures specified in Article 3 and in this Article is 10                 carried out on those herds each year,
                                                                          — the number of spot serological tests which will
O OJ No L 325, 1. 12. 1980, p. 5.                                             be carried out each year on slaughter pigs at
(2) OJ No L 362, 31. 12. 1985, p. 8.                                          the time of slaughter.
 ---pagebreak--- 21.11.86                                  Official Journal of the European Communities                                  No C 295/7
    3.   The Member States concerned shall notify the                    'Similarly, any Member State which, during the
    Commission of the forecast annual expenditure on the                 period laid down in Article 2 (1) of Decision . . . ,
    new plan in respect of the period from 1 January                     loses its status as officially swine-fever-free, may avail
    1987.'                                                               itself of Article 3a (1) provided its plan does not
                                                                         extend beyond that period.'
3. Article 6 (1) is replaced by the following:
                                                                     6. The following Article 12a is inserted:
    'Member States shall, in accordance with Article 5 (1)
                                                                          'Article 12a
    of Decision       80/1096/EEC,        forward     to    the
    Commission the plans provided for in Article 3 or the                Member States shall bring into force the laws, regu-
    new plans provided for in Article 3a.'                               lations and administrative provisions necessary for the
                                                                         implementation of the new eradication plans referred
                                                                         to in Article 3a approved in accordance with Article 5
4. The following is added to Article 6 (2):
                                                                         (3) of Decision . . . on the date laid down by the
    'The new plans shall be approved in accordance with                  Commission in its Decision approving the said plans.'
    the procedure set out in Article 5 (3) of Decision . . . '
                                                                                                 Article 2
5. Article 8 (1) is supplemented by the following:                   This Directive is addressed to the Member States.
              Proposal for a Council Directive amending Directive 80/217/EEC introducing Community
                                         measures for the control of classical swine fever
                                                         COM(86) 555 final
                               (Submitted by the Commission to the Council on 5 November 1986)
                                                          (86/C 295/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas pigs vaccinated in such an event and the meat
                                                                     obtained therefrom threaten to give rise to the propa-
                                                                     gation of the disease in areas where such vaccination is
Having regard to the Treaty establishing the European                not carried out, with consequent reduced productivity in
Economic Community, and in particular Article 43                     pig herds and a fall in the income of those working in
thereof,                                                             this sector; whereas restrictive national measures should
                                                                     therefore be applied in this respect.
Having regard to the proposal from the Commission,
                                                                     HAS ADOPTED THIS DIRECIWE:
Having regard to the opinion of the European Par-
liament,                                                                                         Article 1
                                                                     Directive 80/217/EEC is hereby amended as follows:
Having regard to the opinion of the Economic and
Social Committee,
                                                                      1. In Article 14 (3), point (iv) is replaced by the
                                                                         following:
Whereas Council Directive 80/217/EEC ('), as last
amended by Regulation (EEC) No 3768/85 (2), laid
down the measures to be applied in the event of an                       '(iv) No live pigs or fresh pigmeat shall be permitted
outbreak of swine fever and more particularly the                               to leave the vaccination area except where they
arrangements for emergency preventive vaccination                               are destined for another area in the same
where recourse to such vaccination is decided on;                               Member State where vaccination against classical
                                                                                swine fever is also practised in accordance with
                                                                                this paragraph. This prohibition shall apply for
                                                                                the duration of the vaccination operations and
                                                                                for a period of six months following the
(*) OJ No L 47, 21. 2. 1980, p. 11.                                             completion of such operations in the area
(2) OJ No L 362, 31. 12. 1985, p. 8.                                            concerned. It shall, however, not apply to live