No L 352/ 112 Official Journal of the European Communities 31 . 12. 94 COMMISSION DECISION of 21 December 1994 derogating from prohibitions relating to African swine fever for certain areas in Spain and repealing Council Decision 89/21/EEC (94/887/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, contamination or recontamination of pig holdings situ­ ated in specific areas of Spain and measures to control the movement of pigs and pigmeat from special areas ; like­ Having regard to the Treaty establishing the European wise it is necessary to recognize the measures put in place Community, by the Spanish authorities ; Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra­ Community trade in bovine animals and swine (') as last Whereas it is the objective within the eradication amended by Directive 94/42/EC (2) ; and in particular programme adopted by Commission Decision 94/879/EC Article 9a thereof, of 21 December 1994 approving the programme for the eradication and surveillance of African swine fever presented by Spain and fixing the level of the Commu­ Having regard to Council Directive 72/461 /EEC of 12 nity financial contribution (9) to eliminate African swine December 1972 on animal health problems affecting fever from the remaining infected areas of Spain ; intra-Community trade in fresh meat (3) as last amended by Directive 92/ 1 18/EEC (4) and in particular Article 8a thereof, Whereas a semi-extensive pig husbandry system is used in certain parts of Spain and named 'montanera' ; whereas in Having regard to Council Directive 80/21 5/EEC of 22 this system, pigs of a native pig breed are put to forage in January 1980 on animal health problems affecting intra­ pasture and forest land during the period of the year Community trade in meat products (*) as last amended by when acorns are available from the oak trees ; whereas in Directive 91 /687/EEC f), and in particular Article 7a the autonomous region of Andalusia, consisting of eight thereof, provinces including Huelva, Cordoba, Sevilla and Cadiz, movements of pigs for 'montanera' is of great socio­ economic importance ; Whereas pursuant to Article 9a ( 1 ) of Directive 64/432/EEC, 8a ( 1 ) of Directive 72/461 /EEC and 7a (1 ) of Directive 80/21 5/EEC, a derogation from the prohibition on the export of live swine, fresh pigmeat and certain Whereas disposal and/or processing of animal waste in meat products may be granted for one or more parts of order to destroy African swine fever virus which might be the territory of a Member State where African swine fever present in susch materials shall take into account treat­ has been recorded within the previous 1 2 months ; ments for high risk material as provided for in Council Directive 90/667/EEC of 27 November 1990 laying down Whereas in 1988 in the light of an improved health situa­ the veterinary rules for the disposal and processing of tion it was possible to adopt Council Decision 89/21 /EEC animal waste, for its placing on the market and for the derogating from prohibitions relating to African swine prevention of pathogens in feedstuffs of animal or fish fever for certain areas of Spain (7), as last amended by origin and amending Directive 90/425/EEC ( ,0) ; Decision 94/788/EC (8) ; whereas the said decision resulted in the creation of a disease free region and an infected region, the later region consisting of a surveil­ lance zone and an infected zone ; Whereas in the light of an improved health situation in certain parts of the autonomous region of Andalusia, some areas of this region can now be added to the esta­ Whereas it is necessary to take account of the protective blished African swine fever-free region ; measures taken by the Spanish authorities to prevent the (') OJ No 121 , 29 . 7. 1964, p. 1977/64. (2) OJ No L 201 , 4. 8 . 1994, p. 26. Whereas the derogations from prohibitions relating to ( 3) OJ No L 302, 31 . 12. 1972, p. 24. African swine fever introduced by Decision 89/21 /EEC in (4) OJ No L 62, 15. 3 . 1993, p. 49 . the interest of clarity must be repealed ; 0 OJ No L 47, 21 . 2. 1980, p. 4. (6) OJ No L 377, 31 . 12. 1991 , p . 16. 0 OJ No L 9, 12 . 1 . 1989, p. 24. f) See page 104 of this Official Journal . (8) OJ No L 322, 15. 12. 1994, p. 34. ( 10) OJ No L 363, 27. 12. 1990, p. 51 . 31 . 12. 94 Official Journal of the European Communities No L 352/ 113 Whereas the measures provided for in this Decision are in by an official veterinarian. The certificate shall bear the accordance with the opinion of the Standing Veterinary following words : Committee, 'Products complying with Commission Decision 94/887/EC of 21 December 1994 derogating from prohibitions relating to African swine fever for certain areas in Spain'. HAS ADOPTED THIS DECISION : Article 4 Article 1 1 . Spain shall ensure that pigs kept on holdings situ­ 1 . The Kingdom of Spain is hereby authorized to ated in the area defined in Annex II are not sent to other consign live swine to other Member States from those parts of the territory of Spain outside this area. areas of its territory defined in Annex I. 2. The health certificate provided for in Directive 2. In derogation to the provisions of paragraph 1 , pigs 64/432/EEC and accompanying live swine consigned for 'montanera' may be sent from holdings situated in the from Spain shall bear the following : area described in Annex II to a designated holding situ­ ated in the area defined in Annex III on the conditions 'Pigs complying with Commission Decision that the pigs in question : 94/887/EC of 21 December 1994 derogating from prohibitions relating to African swine fever for certain (a) have been born, reared and kept throughout their lives areas in Spain'. on the holding of origin situated in Annex II ; (b) originate from a registered holding which is located at least 10 km distant from any outbreak of African swine fever which has occurred in the last three Article 2 months ; (c) originate from a pig population on a holding which is 1 . The Kingdom of Spain is hereby authorized to consign fresh pigmeat to other Member States from those included in the serological testing programme required under the African swine fever eradication parts of its territory defined in Annex I. programme adopted by Commission Decision 94/879/EC and no antibodies to African swine fever 2. Pigmeat provided for in paragraph 1 and consigned virus have been detected within the last six months ; from Spain shall be accompanied by the health certificate referred to in Annex IV of Council Directive 64/433/EEC (d) have undergone a serological test within four days of 26 June 1964 on health problems affecting intra­ prior to transport and have been found free of antibo­ Community trade in fresh meat ('). The certificate shall dies to the African swine fever virus ; bear the following words : (e) have been permanently marked in such a way that the holding and municipality of origin can be identified 'Meat conforming to Commission Decision during loading and transport ; 94/887/EC of 21 December 1994 derogating from prohibitions relating to African swine fever for certain (f) have been transported directly from the holding of areas in Spain'. origin to the holding of destination in an officially sealed means of transport which has been cleaned and disinfected immediately prior to loading ; (g) be accompanied during transport by a health certifi­ Article 3 cate certifying that they comply with the requirements described in (a) to (f) ; 1 . The Kingdom of Spain is hereby authorized to (h) have been unloaded at the holding of destination consign meat products containing pigmeat other than as under official supervision ; referred to in Article 4 ( 1 ) (a) (i) of Directive 80/21 5/EEC to other Member States from those parts of its territory (i) remain on the holding of destination for at least 60 specified in Annex I. days until dispatch directly for slaughter in a desig­ nated slaughterhouse . 2. Meat products other than those referred to in Article 4 ( 1 ) (a) (i) of Directive 80/21 5/EEC and consigned from The holding of destination referred to in (f) shall : Spain shall be accompanioed by a health certificate issued — be an official holding authorized to receive and keep (>) OJ No 121 , 29 . 7 . 1964, p. 2012/64. pigs originating from the area described in Annex II, No L 352/114 Official Journal of the European Communities 31 . 12. 94 — identify pigs in a manner that allows the holding and 4. Spain shall ensure that breeding and production pigs municipality of origin to be identified, kept on holdings situated within one of the areas defined in Annex II shall only be allowed to move within this — have an area with boundaries which ensure that the area and only if they fulfil the following conditions : pigs have no direct contact with any other pigs (e.g. double fencing), (a) have remained on the holding of origin since birth or for at least 30 days before movement ; — be under direct supervision of a veterinarian who will (b) have undergone a serological test within four days be responsible for ensuring that pigs are monitored prior to transport and have been found free of anti­ for disease . Any disease situation shall be reported to bodies to the African swine fever virus ; the official veterinarian who must examine the animals to ensure that African swine fever is not (c) have been identified by eartags at the holding of present.