Consolidated TEXT: 31980L1095 — EN — 01.01.1995

COUNCIL DIRECTIVE

of 11 November 1980

laying down conditions designed to render and keep the territory of the Community free from classical swine fever

(80/1095/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,

Having regard to the proposal from the Commission ( 1 ),

Having regard to the opinion of the European Parliament ( 2 ),

Having regard to the opinion of the Economic and Social Committee ( 3 ),

Whereas one of the Community's tasks in the veterinary field is to improve the state of health of livestock, in order to increase the profitability of stock farming;

Whereas this improvement must ensure that the state of health of livestock is brought to the most satisfactory level for the Community as a whole and maintained at that level;

Whereas the action to be taken under an accelerated eradication plan must be gradual and be based upon the varying situations in the Member States or parts thereof; whereas this plan may, subject to certain conditions, be implemented on a regional basis;

Whereas, if the disease accidentally recurs in a Member State or a part thereof previously 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 their animal health situations;

Whereas the free movement of live pigs between Member States or parts thereof will be aided by making and keeping Member States or parts thereof free from classical swine fever;

Whereas provision should be made for close cooperation between the Member States and the Commission for this purpose,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive defines the measures which the Member States must apply in order to eradicate swine fever from their territories so as to achieve and retain officially swine fever-free status.

Article 2

For the purposes of this Directive the definitions given in Article 2 of Council Directive 80/217/EEC of 22 January 1980, introducing Community measures for the control of classical swine fever ( 4 ), and in Article 2 of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine ( 5 ), as last amended by Directive 80/219/EEC ( 6 ), shall apply.

Furthermore, for the purposes of this Directive the following definitions shall apply:

1. ‘officially swine fever-free holding’ means a holding in which:

— no swine fever has been detected for at least the preceding 12 months,

— there are no pigs which have been vaccinated against swine fever in the preceding 12 months,

— vaccination against swine fever has not been authorized for at least the preceding 12 months,

in addition, no swine fever must have been detected for at least the preceding 12 months at least within a radius of two kilometres around the holding;

2. ‘officially swine fever-free Member State’ means a Member State in which:

— no swine fever has been detected for at least the preceding 12 months,

— vaccination against swine fever has not been authorized for at least the preceding 12 months,

in which the holdings contain no pigs which have been vaccinated against swine fever in the preceding 12 months and which has been so recognized under Article 3 (2) or 7 (1).

3. ‘officially swine fever-free region’ means a region in which:

— no swine fever has been detected for at least the preceding 12 months,

— vaccination against swine fever has not been authorized for at least the preceding 12 months,

in which the holdings contain no pigs which have been vaccinated against swine fever in the preceding 12 months and which has been so recognized under Article 7 (2);

4. ‘swine fever-free Member State or region’ means a Member State or region in which no swine fever has been detected for at least the preceding 12 months.

Article 3

1. Any Member State which is not officially swine fever-free shall prepare a plan for the accelerated eradication of this disease.

2. Not later than six months after the date of notification of this Directive, Member States' status shall be established under the procedure laid down in Article 9 for the purpose of determining those required to submit a plan in accordance with paragraph 1.

The status of Portugal and Spain will be defined in accordance with the same procedure before 1 July 1986 with a view to specifying such control measures as may prove appropriate.

3. This plan, which must be carried out over a period of not more than six years, must meet the requirements of Article 4 of this Directive and be approved in accordance with Article 5 (3) of Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever ( 7 ).

Article 3a

1. Any Member State which is not officially swine fever-free upon completion of the measure specified in Article 3 shall prepare a new plan for completing the eradication of the disease.

2. The period for implementing the new plan shall be such that the total period for implementing the measures specified in Article 3 and in this Article is 10 years. The new plan must meet the requirements laid down in Article 4a and be approved in accordance with Article 5 (3) of Decision 80/1096/EEC ( 8 ).

Article 4

1. The plan referred to in Article 3 must be designed to ensure that the territory of the Member State concerned will be officially free from swine fever after six years at most.

2. It must specify:

— as appropriate:

—

— the date of prohibition of vaccination of breeding pigs,

— the date of prohibition or, in the first two years of implementing the plan, of restriction of vaccination of fattening pigs,

— the date of commencement of the swine fever detection campaign, where such has proved necessary;

— the measures, resources and timetable proposed by the Member State in order to attain the objective fixed in paragraph 1.

3. The plan may be implemented on a regional basis if the Member State is able to guarantee that the status of the regions concerned will be protected and maintained.

In that event, the details required under paragraph 2 must relate to each of the regions defined in the plan.

4. The Member State shall notify the Commission of:

(a) the annual expenditure in connection with swine fever in each of the past three years, with a breakdown of such expenditure;

(b) forecast annual expenditure on the six-year plan.

Article 4a

1. The new plan referred to in Article 3a must be designed to ensure that, upon expiry of the period specified, the territory of the Member State concerned will be officially free from classical swine fever.

2. The new plan must specify as appropriate:

(a) in the case of regions where vaccination has been performed for upwards of one year:

— the number of holdings selected for the purpose of obtaining samples which are representative of the region concerned, and the number of pigs in each holding,

— the number of piglets which have been produced by vaccinated sows on those holdings and which will not be vaccinated,

— the number and type of the tests which those piglets will undergo over a six-month period with a view to detecting whether or not the classical swine-fever virus is present,

— that vaccination must be discontinued if the test referred to in the third indent reveal that the classical swine-fever virus is not present, and the date on which the prohibition is likely to take effect;

(b) in the case of regions where vaccination has been performed for less than 12 months:

— the date of commencement of vaccination,

— the likely date on which the measures referred to in subparagraph (a) will be implemented;

(c) in the case of Member States or parts of territories in which vaccination has been suspended but which are not yet officially swine fever free:

— the number of herds (breeding, multiplier, mixed and fattening herds) in which spot checks will be carried out,

— the total number and description of the tests carried out on those herds each year,

— the number of spot serological tests which will be carried out each year on slaughter pigs at the time of slaughter.

3. The Member States concerned shall notify the Commission of the forecast annual expenditure on the new plan in respect of the period from 1 January 1988.

Article 5

The Commission shall make regular on-the-spot checks to verify from a veterinary viewpoint whether the plans are being applied.

Member States shall take the necessary steps to facilitate these checks and shall in particular ensure that the experts are supplied at their request with all information and documentation needed for assessing the execution of the plans.

The general provisions for implementing this Article, especially as regards the frequency and method of carrying out the checks referred to in the first paragraph, the rules governing the appointment of veterinary experts and the procedure which they must follow when drawing up their report, shall be laid down in accordance with the procedure set out in Article 9.

Article 6

1. Member States shall, in accordance with Article 5 (1) of Decision 80/1096/EEC, forward to the Commission the plans provided for in Article 3 or, in accordance with Article 5 (1) (a) of that Decision, the new plans provided for in Article 3a.

2. These plans shall be approved in accordance with the procedure set out in Article 5 (3) of that Decision. The new plans shall be approved in accordance with the procedure set out in Article 5 (3) of Decision 80/1096/EEC.

3. Should swine fever spread alarmingly in their territories or in any other part of the Community territory during the implementation of a plan approved under paragraph 2, Member States may review the situation and take the precautionary measures they deem appropriate, including the reintroduction of organized preventive vaccination.

They shall inform the Commission thereof.

4. Plans approved under paragraph 2 may be modified or supplemented by the same procedure in order to keep pace with developments in the situation with regard to swine fever in the Member State or the region concerned, and in particular to take account of possible implementation of the measures provided for in paragraph 3.

Article 7

1. Under the procedure laid down in Article 9, a Member State covered by Article 3 (1) shall be recognized as officially swine fever-free once the following conditions have been fulfilled in that Member State for at least 12 months:

(a) no swine fever has been detected;

(b) vaccination against swine fever has been discontinued.

2. Under the procedure laid down in Article 9, a part of a Member State's territory to which Article 4 (3) applies may be recognized as officially swine fever-free, though not earlier than three months after it has fulfilled the conditions of paragraph 1 of this Article, provided the Member State in question can supply adequate guarantees that the status of that part of its territory will be maintained, in particular by showing evidence of the existence of measures:

(i) either to prohibit the introduction into the part of its territory concerned of pigs from holdings which are not officially swine fever-free;

(ii) or to prohibit vaccinated pigs from leaving holdings situated in a part of its territory which is not officially swine fever-free or which is not swine fever-free except for immediate slaughter or for introduction into another holding of the same status.

Article 8

1. Any Member State which during the period laid down in Article 2 (1) of Decision 80/1096/EEC loses its status as officially swine fever-free, may avail itself of Article 3 (1) provided its plan does not extend beyond that period. Similarly, any Member State which, during the whole period laid down in Article 2 (1) of Decision 80/1096/EEC, loses its status as officially swine fever-free, may avail itself of Article 3a (1) provided the execution of its plan does not extend beyond the duration of the supplementary measures.

2. However, if an outbreak or a number of epizootiologically interrelated outbreaks of swine fever occur within a geographically limited area in a Member State which is officially swine fever-free, the status of that Member State shall not be withdrawn for a period of 15 days if the Member State takes measures to isolate the area in question.

Within the said 15-day period, however a decision may be taken under the procedure in Article 9 to withdraw the status or if the measures taken by the Member State are deemed satisfactory to maintain it for a maximum of three months.

3. Paragraph 2 may be applies by analogy to officially swine fever-free regions.

Article 9

1. Where the procedure laid down in this Article is to be followed, matters shall be referred without delay by the chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called ‘the Committee’) set up by Decision 68/361/EEC of 15 October 1968 ( 9 ).

▼

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall 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 delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

► ► 3. 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 accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.

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 and shall apply them immediately, save where the Council has decided against these measures by a simple majority.

Article 11

After consulting the Member States within the Committee, the Commission shall, before 1 July 1983, submit to the Council a report on the application of this Directive by the Member States and the current situation in the Community in respect of swine fever, together with any relevant proposals.

Article 12

1. Member States shall bring into force the laws, regulations and administrative provisions necessary for the implementation of national plans for accelerated eradication approved in accordance with Article 5 (2) of Decision 80/1096/EEC on the date laid down by the Commission in its Decision approving the plans and, for plans approved during 1981, not later than 31 December 1981.

2. The six-year period of execution provided for in Article 2 (1) of Decision 80/1096/EEC shall run, for each Member State, from the date laid down by the Commission pursuant to paragraph 1; however, Community finance shall in all cases be restricted to slaughterings carried out before 1 January 1988 and, in the case of Portugal and Spain, before 1 July 1992 .

3. The Council, acting unanimously on a proposal from the Commission, may, where implementation of the plan on the date laid down would meet with considerable difficulties in some Member States, postpone for such States the dates specified in paragraphs 1 and 2 by not more than one year.

Article 12a

Member States shall bring into force the laws, regulations and administrative provisions necessary for the implementation of the new eradication plans referred to in Article 3a approved in accordance with Article 5 (3) of Decision 80/1096/EEC on the date laid down by the Commission in its Decision approving the said plans.

Article 13

This Directive is addressed to the Member States.

( 1 ) OJ No C 187, 25. 7. 1979, p. 2.

( 2 ) OJ No C 72, 24. 3. 1980, p. 6.

( 3 ) OJ No C 300, 18. 11. 1980, p. 17.

( 4 ) OJ No L 47, 21. 2. 1980, p. 11.

( 5 ) OJ No 121, 29. 7. 1964, p. 1977/64.

( 6 ) OJ No L 47, 21. 2. 1980, p. 25.

( 7 ) See page 5 of this Official Journal.

( 8 ) OJ No L 325, 1. 12. 1980, p. 5.

( 9 ) OJ No L 255, 18. 10. 1968, p. 23.

Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever

Modified by

Council Regulation (EEC) No 3768/85 of 20 December 1985 adapting, on account of the accession of Spain and Portugal, certain agricultural acts as regards the voting procedure of the Committees