Commission Implementing Decision (EU) 2015/2433Show full title

Article 1 U.K.

Implementing Decision 2014/709/EU is amended as follows:

(1)

Article 3 is amended as follows:

(a)

the introductory phrase is replaced by the following:

‘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:’;

(b)

the following point 4 is added:

‘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:

(a)

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;

(b)

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);

(c)

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.

(d)

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.’’’;

(2)

the following Article 3a is inserted:

‘Article 3a Derogation from the prohibition on the dispatch of live pigs from the areas listed in Part III 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 the areas listed in Part III of the Annex to other areas listed in Parts II 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 are from a holding with an appropriate level of biosecurity approved by the competent authority, the holding is under the supervision of the competent authority, and the pigs comply with the requirements laid down in point 1 of Article 3 and in either point 2 or point 3 of Article 3;

2.

the pigs are located in the centre of an area of at least three km radius in which all animals in the holdings comply with the requirements laid down in point 1 of Article 3 and in either point 2 or point 3 of Article 3;

3.

the competent authority of the holding of dispatch must inform in due time the competent authority of the holding of destination of the intention to send the pigs and the competent authority of the holding of destination must notify the competent authority of the holding of dispatch of the arrival of the pigs;

4.

the transport of the pigs within and through areas outside of the areas listed in Part III of the Annex must be carried out along predefined transport routes and the vehicles used for transporting the pigs must be cleaned, if necessary disinsectised and disinfected as soon as possible after unloading;

5.

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:

(a)

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 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;

(b)

the Member State of the place 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 the point (a) and authorises a list of holdings that comply with animal health guarantees;

(c)

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;

(d)

for the 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 3a of Commission Implementing Decision 2014/709/EU.’’’;

(3)

Article 4 is amended as follows:

(a)

the introductory phrase is replaced by the following:

‘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:’;

(b)

the following point 10 is added:

‘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:

(a)

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;

(b)

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;

(c)

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;

(d)

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.’’’;

(4)

in Article 8, the introductory phrase of paragraph 1 is replaced by the following:

‘1. Without prejudice to Article 3, Article 3a and Article 4, the Member States concerned shall ensure that live pigs are not dispatched from their territory to other Member States and third countries, except where those live pigs come from:’;

(5)

Article 9 is replaced by the following:

‘Article 9 Prohibition on the dispatch to other Member States and third countries of consignments of porcine semen and ova and embryos collected from pigs from the areas listed in the Annex

1. The Member State concerned shall ensure that no consignments of the following commodities are dispatched from their territory to other Member States and third countries:

(a) porcine semen, unless the semen was collected from donor boars kept at semen collection centre approved in accordance with Article 3(a) of Council Directive 90/429/EEC(1) and located outside the areas listed in Parts II, III and IV of the Annex to this Decision;

(b) porcine ova and embryos, unless the ova and embryos originate from donor females of the porcine species kept in holdings which comply with Article 8(2) and are situated outside the areas listed in Parts II, III and IV of the Annex and the embryos are in vivo derived embryos conceived as a result of artificial insemination or in vitro produced embryos conceived as a result of fertilisation with semen complying with the conditions laid down in point (a) of this paragraph.

2. By way of derogation from the prohibitions provided for in paragraph 1(a) of this Article and point (b) of Article 2, the Member States concerned may authorise the dispatch of consignments of porcine semen, if the semen was collected from donor boars kept at a semen collection centre approved in accordance with Article 3(a) of Directive 90/429/EEC, applying all biosecurity rules relevant for African swine fever and located in the areas listed in Parts II and III of the Annex to this Decision to areas listed in Part II or III of the Annex of the same Member State or another Member State provided that:

(a) the consignments of porcine semen 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 origin and approved by the competent authority of the Member State of destination, prior to the dispatch of the consignment of semen;

(b) the Member State of origin immediately informs the Commission and the other Member States of the animal health guarantees referred to in the point (a);

(c) the donor boars comply with the requirements laid down in point 1 of Article 3 and in either point 2 or point 3 of Article 3;

(d) the donor boars were subjected to an individual agent identification test performed within 5 days prior to the date of collection of the semen to be dispatched, with negative results and a copy of test results is attached to the animal health certificate accompanying the consignment of the semen;

(e) the following additional attestation shall be added to the corresponding animal health certificates referred to in Article 6(1) of Directive 90/429/EEC:

‘Porcine semen in compliance with Article 9 of Commission Implementing Decision 2014/709/EU 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.’’;

(6)

the following Article 16a is inserted:

‘Article 16a Channelling procedure

The competent authority shall ensure that the channelling procedure complies with the following requirements:

1.

each truck and other vehicles that are used for the transport of live pigs have been:

(a)

individually registered by the competent authority of the Member State of dispatch for the purpose of the transport of live pigs using the channelling procedure;

(b)

sealed by the official veterinarian after loading; only the official from the competent authority may break the seal and replace it with a new one; each loading or replacement of seals must be notified to the competent authority;

2.

the transport takes place:

(a)

directly, without stopping;

(b)

taking the route that has been authorised by the competent authority;

3.

the official veterinarian responsible for the holding of destination must confirm each arrival to the competent authority of origin;

4.

after unloading of the live pigs the truck or vehicle and any other equipment which have been used in the transport of these pigs, are cleaned and disinfected in their entirety within the closed area of the place of destination under the supervision of the official veterinarian. Article 12(a) of Directive 2002/60/EC shall apply;

5.

before the first dispatch from areas listed in Part III of the Annex takes place, the competent authority of origin shall ensure that the necessary arrangements are in place with the relevant authorities within the meaning of point (c) of Annex VI to Directive 2002/60/EC in order to ensure that the emergency plan, the chain of command and full cooperation of services in case of accidents during the transport, a major breakdown of the truck or other vehicle or any fraudulent action of the operator. The operators of the trucks shall immediately notify the competent authority of any accident or major breakdown of the truck or the vehicle.’;

(7)

in Article 21, the date ‘31 December 2018’ is replaced by the date ‘31 December 2019’;

(8)

the Annex is replaced by the text in the Annex to this Decision.

Article 2 U.K. Addressees

This Decision is addressed to the Member States.

Done at Brussels, 18 December 2015.

For the Commission

Vytenis Andriukaitis

Member of the Commission