Commission Implementing Decision of 9 October 2014 concerning animal health control measures relating to African swine fever in certain Member States and repealing Implementing Decision 2014/178/EU (notified under document C(2014) 7222) (Text with EEA relevance) (2014/709/EU)

This Decision lays down animal health control measures in relation to African swine fever in the Member States or areas thereof as set out in the Annex (the Member States concerned).

It shall apply without prejudice to the plans for the eradication of African swine fever from feral pig populations in the Member State concerned, approved by the Commission in accordance with Article 16 of Directive 2002/60/EC.

The Member States concerned shall prohibit:

1. the dispatch of live pigs from the areas listed in Parts II, III and IV of the Annex;

2. the dispatch of consignments of porcine semen, ova and embryos from the areas listed in Parts III and IV of the Annex;

3. the dispatch of consignments of pig meat, pig meat preparations, pig meat products and any other products containing such meat from the areas listed in Parts III and IV of the Annex;

4. the dispatch of consignments of animal by-products from porcine animals from the areas listed in Parts III and IV of the Annex.

By way of derogation from the prohibition provided for in point (a) of Article 2, the Member States concerned may authorise the dispatch of live pigs from a holding located in the areas listed in Part II of the Annex to other areas in the territory of the same Member State or to areas listed in Part II or III of the Annex of another Member State provided that:

1. the pigs have been resident for a period of at least 30 days or since birth on the holding and no live pigs have been introduced into that holding from the areas listed in Parts II, III and IV of the Annex during a period of at least 30 days prior to the date of the movement, and

2. the pigs have been subjected to laboratory testing for African swine fever carried out with negative results on samples taken in accordance with the sampling procedures as laid down in the plan for the eradication of African swine fever referred to in the second paragraph of Article 1 of this Decision within a period of 15 days prior to the date of the movement and a clinical examination for African swine fever has been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Commission Decision 2003/422/EC⁽¹⁾ on the date of dispatch, or

3. the pigs come from a holding:

   1. that has been subjected at least twice a year, with an interval of at least 4 months, to inspections by the competent veterinary authority, which:

      1. followed the guidelines and procedures laid down in Chapter IV of the Annex to Decision 2003/422/EC;

      2. included a clinical examination and sampling in which the pigs over the age of 60 days have been subjected to the laboratory testing in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Decision 2003/422/EC;

      3. checked the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2002/60/EC;

   2. that implements bio-security requirements for African swine fever as established by the competent authority,

4. for live pigs dispatched to areas listed in Part II or III of the Annex of another Member State, the following additional requirements shall apply:

   1. the pigs comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of African swine fever required by the competent authority of the Member State of the place of origin and approved by the competent authority of the Member State of the place of transit and the competent authority of the Member State of destination, prior to the movement of such animals;

   2. the Member State of origin immediately informs the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities referred to in point (a);

   3. a channelling procedure in accordance with Article 16a is set up, under the control of the competent authorities of the Member States of origin, transit and destination, in order to ensure that the animals, moved in accordance with the additional requirements provided for in point (a) are transported in a safe manner and are not subsequently moved to another Member State.

   4. For live pigs that comply with the additional requirements of point 4 of this Article, the following additional wording shall be added to the corresponding health certificate for swine referred to in Article 5(1) of Directive 64/432/EEC:

      ‘Pigs in compliance with Article 3 of Commission Implementing Decision 2014/709/EU.’

By way of derogation from the prohibitions provided for in points (a) and (c) of Article 2, the Member States concerned may authorise the dispatch for immediate slaughter of live pigs from the areas listed in Part III of the Annex to other areas in the territory of the same Member State or to areas listed in Part II or III of the Annex of another Member State in case there are logistic limitations in the slaughter capacity of the slaughterhouses approved by the competent authority in accordance with Article 12 located in the areas listed in Part III of the Annex, provided that:

1. the pigs have been resident for a period of at least 30 days or since birth on the holding and no live pigs have been introduced into that holding from the areas listed in Parts II, III and IV of the Annex during a period of at least 30 days prior to the date of the movement;

2. the pigs comply with the requirements laid down in paragraph 1 and in paragraph 2 or paragraph 3 of Article 3;

3. the pigs are transported for immediate slaughter directly, without stopping or unloading, to a slaughterhouse approved in accordance with Article 12 and specifically designated by the competent authority for that purpose;

4. the competent authority responsible for the slaughterhouse has been informed by the dispatching competent authority of the intention to send the pigs and notifies the dispatching competent authority of their arrival;

5. on arrival at the slaughterhouse, these pigs are kept and slaughtered separately from other pigs and are slaughtered on a specific day in which only these pigs from the areas listed in Part III of the Annex are slaughtered;

6. the transport of the pigs to the slaughterhouse within and through areas outside of the areas listed in Part III of the Annex is carried out along predefined transport routes and the vehicles used for transporting those pigs are cleaned, if necessary disinsectised, disinfected as soon as possible after unloading;

7. the Member States concerned ensures that the fresh pig meat, pig meat preparations and pig meat products obtained from those pigs:

   1. are produced, stored and processed in establishments approved in accordance with Article 12;

   2. are marked in accordance with Article 16;

   3. are only marketed on the territory of that Member State;

8. the Member States concerned ensures that the animal by-products from those pigs are subjected to a treatment in a channelled system approved by the competent authority which ensures that the derived product obtained from those pigs poses no risks as regards African swine fever;

9. the Member States concerned immediately informs the Commission of the granting of the derogation according to this Article and notifies the name(s) and address(es) of the slaughterhouse(s) approved under this Article;

10. for live pigs dispatched to areas listed in Part II or III of the Annex of another Member State, the following additional requirements shall apply:

    1. the pigs comply with any other appropriate animal health guarantees based on a positive outcome of a risk assessment of measures against the spread of African swine fever required by the competent authority of the Member State of the place of origin and approved by the competent authority of the Member State of transit and the competent authority of the Member State of destination, prior to the movement of such animals;

    2. the Member State of the place of origin shall immediately inform the Commission and the other Member States of the animal health guarantees and the approval by the competent authorities referred to in point (a) and authorises a list of holdings complying with animal health guarantees;

    3. a channelling procedure in accordance with Article 16a is set up, under the control of the competent authorities of the Member States of origin, transit and destination, in order to ensure that the animals, moved in accordance with the additional requirements provided for in point (a), are transported in a safe manner and are not subsequently moved to another Member State;

    4. for live pigs that comply with all conditions of this Article, the following additional wording shall be added to the corresponding health certificate for swine referred to in Article 5(1) of Directive 64/432/EEC:

       ‘Pigs in compliance with Article 4 of Commission Implementing Decision 2014/709/EU.’