COMMISSION DECISION of 4 July 1994 concerning certain protection measures with regard to swine vesicular disease in the Netherlands (94/388/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 swine vesicular disease was detected in mid-May in a consignment of pigs which had arrived in Italy from the Netherlands;
Whereas swine vesicular disease can spread through the trade in live pigs;
Whereas measures for the control of swine vesicular disease are laid down in Council Directive 92/119/EEC (3);
Whereas swine vesicular disease virus is very resistant to environmental factors and can survive for long periods in contaminated transport systems;
Whereas particular attention must be paid to the cleansing and disinfection of collecting centres and vehicles used for the transport of pigs;
Whereas appropriate measures must be taken by the Netherlands to lay down provisions with regard to infringements of this Decision;
Whereas a serological screening of pigs for antibodies to swine vesicular disease virus have been carried out by Member States within the context of Commission Decision 93/178/EEC (4); whereas that Decision contains information on a serum with a low  positive reaction supplied by the Pirbright Laboratory;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Pigs being sent from the Netherlands to other Member States must meet the following conditions:
1. Pigs intended for breeding and production:
(a) must originate from a holding where the pig population is included in a programme for the detection of antibodies to swine vesicular disease virus in accordance with the provisions of Annex I;
(b) must be identified by eartags at the original holding so that they can be traced back to that holding;
(c) may, from the time they leave the original holding to their arrival at the place of destination, pass through only one collecting centre, which must comply with the conditions set out in Article 2;
(d) must not come into contact with pigs which do not fulfil the requirements referred to under (a), (b) and (c).
2. Pigs intended for slaughter:
(a) must have been kept at the original holding for at least the last 30 days prior to dispatch;
(b) must comply with the conditions set out in point 1 (a), (b) and (c);
(c) must not come into contact with pigs which do not fulfil the requirements referred to under (a) and (b).
Collecting centres which can be used during the transport of pigs from the original holding to the place of destination shall:
(a) comply with the conditions set out in Annex II, Chapter I;
(b) be notified to the Commission and Member States before 15 July 1994. Any amendments to notified collecting centres shall be communicated to the Commission and the Member States.
1. The vehicles used to transport pigs referred to in Article 1 shall comply with the conditions set out in Annex II, Chapter II.
2. Vehicles used for the international transport of pigs shall not enter any area which is under restriction in connection with swine vesicular disease.
1. The Netherlands will take all appropriate measures to sanction any infringement of this Decision, in particular when it is ascertained that sufficient cleansing and disinfection has not been carried out.
2. Whenever a collecting centre is found to be insufficiently cleansed or disinfected or the operation of the collecting centre does not conform to the requirements of Annex II, Chapter I, the collecting centre shall be deleted from those notified  pursuant to point (b) of Article 2.
3. Where a vehicle, having entered a collecting centre, is found not to meet the conditions for the transport of pigs laid down in national legislation, that vehicle and the pigs shall be detained by the competent authority and action shall be taken in  accordance with national legislation.
4. In a case where the country of destination has informed the Member State of dispatch and the Commission about irregularities in a consignment of pigs, the approval of the collecting centre involved in the transport of the consignment shall be  suspended until the irregularities have been rectified.
To the health certificate provided for in Council Directive 64/432/EEC (5) accompanying pigs sent from the Netherlands, must be added the following:
'The animals comply with Commission Decision 94/388/EC of 4 July 1994 concerning certain protection measures with regard to swine vesicular disease in the Netherlands.'
Member States shall amend the measures which they apply to trade so as to bring them into conformity with this Decision. They shall inform the Commission thereof.
This Decision shall apply until 1 October 1994 and shall be reviewed not later than 15 September 1994.
This Decision is addressed to the Member States.