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Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (Text with EEA relevance)Text with EEA relevance

Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (Text with EEA relevance)Text with EEA relevance

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter and scope

1.

This Regulation lays down rules on:

  1. special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States(1) which have restricted zones I, II or III listed in Annex I (the Member States concerned).

    These special disease control measures apply to kept and wild porcine animals and to products obtained from porcine animals in addition to the measures applicable in the protection, surveillance, further restricted and the infected zones established by the competent authority of the Member State concerned in accordance with Articles 21(1) and 63 of Delegated Regulation (EU) 2020/687.

  2. special disease control measures regarding African swine fever to be applied for a limited period of time by all Member States.

2.

This Regulation applies to:

  1. the movements of consignments of:

    1. porcine animals kept in establishments located in restricted zones I, II and III outside those zones;

    2. germinal products, products of animal origin and animal by-products obtained from kept porcine animals referred to in point (a)(i);

  2. the movements of:

    1. consignments of wild porcine animals in all Member States;

    2. consignments and movements for private use by hunters of products of animal origin and animal by-products obtained from wild porcine in the restricted zones I, II and III or processed in establishments located in restricted zones I, II and III;

  3. food business operators handling consignments referred to in points (a) and (b);

  4. all Member States concerning awareness raising on African swine fever.

3.

The rules referred to in paragraph 1 cover the following:

  1. Chapter II lays down special rules for the establishment of restricted zones I, II and III in the event of an outbreak of African swine fever and the application of special disease control measures in all Member States;

  2. Chapter III lays down special disease control measures applicable to consignments of porcine animals kept in restricted zones I, II and III and products obtained thereof in the Member States concerned;

  3. Chapter IV lays down special risk-mitigating measures concerning African swine fever for food businesses in the Member States concerned;

  4. Chapter V lays down special disease control measures applicable to wild porcine animals in the Member States;

  5. Chapter VI lays down special information and training obligations in the Member States;

  6. Chapter VII lays down final provisions.

Article 2 Definitions

For the purposes of this Regulation, the definitions laid down in Delegated Regulation (EU) 2020/687 shall apply.

In addition, the following definitions shall apply:

  1. ‘porcine animal’ means an animal of the species of ungulates of the family Suidae listed in Annex III to Regulation (EU) 2016/429;

  2. ‘germinal products’ means porcine semen, oocytes and embryos obtained from kept porcine animals for artificial reproduction;

  3. ‘restricted zone I’ means an area of a Member State listed in Part I of Annex I with a precise geographical delimitation subject to special disease control measures and bordering restricted zones II or III;

  4. ‘restricted zone II’ means an area of a Member State listed in Part II of Annex I with a precise geographical delimitation subject to special disease control measures;

  5. ‘restricted zone III’ means an area of a Member State listed in Part III of Annex I with a precise geographical delimitation subject to special disease control measures;

  6. ‘previously disease-free Member State’ means a Member State, where African swine fever has not been confirmed in kept porcine animals during the previous period of 12 months;

  7. ‘Category 2 materials’ means animal by-products referred to in Article 9 of Regulation (EC) No 1069/2009 obtained from kept porcine animals;

  8. ‘Category 3 materials’ means animal by-products referred to in Article 10 of Regulation (EC) No 1069/2009 obtained from kept porcine animals.

CHAPTER II SPECIAL RULES FOR THE ESTABLISHMENT OF RESTRICTED ZONES I, II AND III IN THE EVENT OF AN OUTBREAK OF AFRICAN SWINE FEVER AND THE APPLICATION OF SPECIAL DISEASE CONTROL MEASURES IN ALL MEMBER STATES

Article 3 Special rules for the establishment of restricted and infected zones in the event of an outbreak of African swine fever

In the event of an outbreak of African swine fever in kept or wild porcine animals, the competent authority of the Member State shall establish either:

  1. in case of an outbreak in kept porcine animals, a restricted zone in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687 and under the conditions set out in that Article; or

  2. in case of an outbreak in wild porcine animals, an infected zone in accordance with Article 63 of Delegated Regulation (EU) 2020/687.

Article 4 Special rules for the establishment of an additional restricted zone in the event of an outbreak of African swine fever in kept or wild porcine animals

Article 5 Special rules for the listing of restricted zones I in the event of an outbreak of African swine fever in kept or wild porcine animals in an area of a Member State bordering an area where no outbreak of African swine fever has been officially confirmed

Article 6 Special rules for the listing of restricted zones II in the event of an outbreak of African swine fever in wild porcine animals in a Member State

Article 7 Special rules for the listing of restricted zones III in the event of an outbreak of African swine fever in kept porcine animals in the Member State

Article 8 General application of special disease control measures in restricted zones I, II and III

CHAPTER III SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO CONSIGNMENTS OF PORCINE ANIMALS KEPT IN RESTRICTED ZONES I, II AND III AND PRODUCTS OBTAINED THEREOF IN THE MEMBER STATES CONCERNED

SECTION 1 Application of specific prohibitions on consignments of kept porcine animals and products thereof in the Member States concerned

Article 9 Specific prohibitions in relation to movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones

Article 10 Specific prohibitions in relation to movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those zones

Article 11 Specific prohibitions in relation to movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those zones

Article 12 Specific prohibitions in relation to movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those zones

Article 13 General prohibitions in relation to movements of consignments of kept porcine animals and products thereof considered a risk of spread of African swine fever

SECTION 2 General and specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones

Article 14 General conditions for derogations from specific prohibitions in relation to movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones

Article 15 Additional general conditions related to movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones

Article 16 Additional general conditions related to establishments of kept porcine animals located in restricted zones I, II and III

Article 17 Additional general conditions related to the means of transport used for the transportation of porcine animals kept in restricted zones I, II and III outside those zones

SECTION 3 Obligations on operators with regard to animal health certificates

Article 18 Operators’ obligations with regard to animal health certificates for movements of consignments of porcine animals kept in restricted zones I, II and III outside those zones

Article 19 Operators’ obligations with regard to animal health certificates for movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals from restricted zones I, II and III

Article 20 Operators’ obligations with regard to animal health certificates for movements of consignments of germinal products obtained from porcine animals kept in establishments located in restricted zones II and III outside those zones

Article 21 Operators’ obligations with regard to animal health certificates for movements of consignments of Category 2 and 3 materials obtained from porcine animals kept in restricted zones II and III outside those zones

SECTION 4 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone I outside that zone

Article 22 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone I outside that zone

SECTION 5 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone II outside that zone

Article 23 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone II outside that zone in the territory of the same Member State concerned

Article 24 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone II outside that zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter

Article 25 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone II outside that zone to restricted zones II or III in another Member State

Article 26 Specific channelling procedure for granting derogations for movements of consignments of porcine animals kept in restricted zone II outside that zone to restricted zones II or III in another Member State

Article 27 Obligations on the competent authority of the Member State concerned of the place of the establishment of destinations for consignments of porcine animals kept in restricted zone II of another Member State

SECTION 6 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone III outside that zone

Article 28 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone III outside that zone to a restricted zone II in the same Member State concerned

Article 29 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zone III outside that zone for immediate slaughter in the same Member State concerned

SECTION 7 Specific conditions for derogations authorising movements of porcine animals kept in restricted zones I, II and III outside those zones to an animal by-products approved plant

Article 30 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones I, II and III to an animal by-products approved plant located outside restricted zones I, II and III situated within the same Member State concerned

SECTION 8 Specific conditions for authorising movements of consignments of germinal products obtained from porcine animals kept in restricted zone II outside that zone

Article 31 Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in restricted zone II from that zone in the territory of the same Member State concerned

Article 32 Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in restricted zone II from that zone to restricted zones II and III in another Member State

SECTION 9 Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those zones

Article 33 Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those zones within the same Member State for the purpose of processing or disposal

Article 34 Specific conditions for derogations authorising movements of consignments of manure obtained from porcine animals kept in restricted zones II and III outside those zones within the same Member State

Article 35 Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones II outside those zones within the same Member State for the purpose of the processing of animal by-products referred to in Article 24(1)(a), (e) and (g) of Regulation (EC) No 1069/2009

Article 36 Specific conditions for derogations authorising movements of consignments of Category 2 materials obtained from porcine animals kept in restricted zones II and III outside those zones for the purpose of processing and disposal in another Member States

Article 37 Specific conditions for derogations authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zone II outside that zone for further processing or transformation in another Member States

SECTION 10 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those zones

Article 38 Specific conditions for authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zone II outside that zone in the territory of the same Member State concerned

Article 39 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zone II outside that zone to other Member States and to third countries

Article 40 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zone III to other restricted zones I, II and III or areas outside restricted zones I, II and III in the territory of the same Member State

CHAPTER IV SPECIAL RISK-MITIGATING MEASURES CONCERNING AFRICAN SWINE FEVER FOR FOOD BUSINESSES IN THE MEMBER STATES CONCERNED

Article 41 Special designation of slaughterhouses, cutting plants, cold stores, meat processing and game handling establishments

Article 42 Special conditions for the designation of establishments for the immediate slaughter of porcine animals kept in restricted zone II and III

Article 43 Special conditions for the designation of establishments for cutting, processing and storing of the fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III

Article 44 Special health or identification marks

CHAPTER V SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO WILD PORCINE ANIMALS IN THE MEMBER STATES

Article 45 Specific prohibitions in relation to the movements of wild porcine animals

Article 46 Specific prohibitions in relation to movements within restricted zones I, II and III and from those zones of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 47 General prohibitions in relation to movements of consignments of products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, considering a risk for the spread of African swine fever

Article 48 Specific conditions for derogations authorising movements within restricted zones I, II and III and from those zones of consignments of processed meat products obtained from wild porcine animals

Article 49 Specific conditions for derogations authorising movements within restricted zones I, II and III and from restricted zone I of fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 50 Operators’ obligations with regard to animal health certificates for consignments of fresh meat, meat products and any other products of animal origin, obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, for movements outside restricted zones I, II and III

Article 51 Specific conditions for authorising movements within restricted zones I, II and III and outside those zones of consignments of animal by products and derived products from wild porcine animals

Article 52 Operators’ obligations with regard to animal health certificates for movements of consignments of animal by-products from wild porcine animals outside restricted zones I, II and III in the territory of the same Member State concerned

CHAPTER VI SPECIAL INFORMATION AND TRAINING OBLIGATIONS IN THE MEMBER STATES

Article 53 Special information obligations of the Member States concerned

Article 54 Special trainings obligations of the Member States concerned

Article 55 Special information obligations of all Member States

CHAPTER VII FINAL PROVISIONS

Article 56 Entry into force and application

ANNEX IRESTRICTED ZONES

ANNEX IIREINFORCED BIOSECURITY MEASURES FOR ESTABLISHMENTS OF KEPT PORCINE ANIMALS LOCATED IN RESTRICTED ZONES I, II AND III