98/104/EC: Commission Decision of 28 January 1998 concerning certain protection measures relating to classical swine fever in Germany (Text with EEA relevance)

COMMISSION DECISION of 28 January 1998 concerning certain protection measures relating to classical swine fever in Germany (Text with EEA relevance) (98/104/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2) and, in particular, Article 10(4) thereof,
Whereas outbreaks of classical swine fever have occurred in Germany;
Whereas there is evidence that in Germany classical swine fever has spread from the infected feral pig population to domestic pig holdings;
Whereas in view of the trade in live pigs, semen, embryos and ova, these outbreaks and the infection in the feral pig population are liable to endanger the herds of other Member States;
Whereas Germany has taken measures within the framework of Council Directive 80/217/EEC of 22 January 1980, introducing Community measures for the control of classical swine fever (3), as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas the epidemiological situation is not completely clear; whereas therefore certain special movement control measures are necessary;
Whereas, since it is possible to identify geographically areas which present a particular risk, the restrictions on trade can apply on a regional basis;
Whereas, however, in order to prevent the spread of disease to other parts of its territory, it is necessary that Germany should introduce appropriate measures of an equivalent level;
Whereas pig embryos and ova in accordance with the provisions of Annex IV of Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC (4), as last amended by Commission Decision 95/176/EC (5), are subject to the same restrictions as live pigs and therefore their movement from Germany to other Member States is subject to certain protection measures;
Whereas with Commission Decision 96/552/EC (6) the plan presented by Germany for the eradication of classical swine fever in feral pigs in Brandenburg and Mecklenburg-Western Pomerania was approved by the Commission;
Whereas the plan presented by Germany for the eradication of classical swine fever in feral pigs in Lower Saxony was examined by the Standing Veterinary Committee on 4 and 5 November 1997;
Whereas it is deemed necessary to apply additional measures to prevent the spread of classical swine fever from the areas of Germany where the disease is present in the feral pig population;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,