31 . 12 . 86 Official Journal of the European Communities No L 382 / 9
COUNCIL DECISION
of 16 December 1986
introducing a Community financial measure for the eradication of African swine fever in
Spain
( 86 / 650 / EEC)
Whereas the Member States should be kept regularly
informed of the progress of the measures undertaken ,
HAS ADOPTED THIS DECISION:
Article 1
The Kingdom of Spain shall draw up a reinforced plan for the
eradication of African swine fever and the restructuring of
pig farms so as to protect the health of their livestock .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 43
thereof,
Having regard to the proposal from the Commission ( ! ),
Having regard to the opinion of the European
Parliament ( 2 ),
Whereas African swine fever has been present in Spain for
many years ;
Whereas , in order to prevent the disease from spreading to its
territory , the Community granted financial support for a
period of five years by means of Council Decision
79 / 509 / EEC of 24 May 1979 on financial aid from the
Community for the eradication of African swine fever in
Spain ( 3 );
Whereas the Act of Accession of Spain and Portugal sets as a
specific objective to be achieved by the Kingdom of Spain that
of continuing and intensifying the campaign against African
swine fever ;
Whereas the efforts already made have served to stabilize the
incidence of the disease ; whereas the resources deployed
must , however , be maintained and reinforced in order to
eradicate African swine fever from the entire territory of
Spain and thus contribute to the establishment of the internal
market ;
Whereas the Spanish authorities have appealed to the
Community for a contribution towards the expenditure
involved in the continuation and reinforcement of the
eradication programme undertaken in 1980 ;
Whereas , in order to benefit from the results obtained , this
request should be granted so that the systematic action
already undertaken can be maintained and consolidated ;
Whereas the reinforced eradication plan must include
measures ensuring the effectiveness of the action undertaken ;
whereas a procedure closely associating the Member States
and the Commission should be introduced by means ofwhich
such measures can be adopted and adapted as the situation
develops ;
Article 2
The plan referred to in Article 1 must , apart from an
indication of the organization that is to implement and
coordinate it , provide for :
1 . Measures to eliminate outbreaks of African swine fever ,
and more particularly :
( a ) the immediate slaughter and destruction of all pigs on
those holdings where a clinical case of African swine
fever is diagnosed and on those holdings which , as a
result of an epizootiological investigation , can be
considered as contaminated . Slaughter and
destruction shall be effected in such a way as to avoid
any danger of spreading the virus ;
(b ) the cleansing and disinfection of, and elimination of
insect and rodent pests from, holdings after the
elimination of the pigs ;
( c ) immediate and adequate compensation for the owners
of holdings whose pigs have been slaughtered in
accordance with ( a );
( d ) a delay for health reasons before restocking of
holdings , the duration of such delay being at least one
month after slaughter and the completion of the
operations provided for in paragraph (b ) for holdings
operating in enclosed premises and at least three
months for other holdings ;
( e ) the gradual restocking of holdings by the prior
introduction of 'sentinel' pigs , in which the absence of
African swine fever antibodies has been checked prior
to their entry into the holding and again one month
later ;
( f) continuous serological surveillance of holdings until
they are fully restocked .
(>) OJ No C 197 , 6 . 8 . 1986 , p. 7 .
( 2 ) OJ No C 322 , 15 . 12 . 1986 .
( 3 ) OJ No L 133 , 31 . 5 . 1979 , p. 27 .
No L 382 / 10 Official Journal of the European Communities 31 . 12 . 86
— serological investigation of all breeding pigs ,
— monitoring of breeding pigs before their entry into
the production cycle ;
( h ) establishment for the recognition of holdings free of
African swine fever , of the following minimum
criteria :
— absence of clinical disease on the holding for at
least one year ,
— absence of clinical disease within a radius of
2 kilometres around the holding for at least one
year ,
— execution of the serological operations provided
for in ( a), ( b ) and (c) for one year , when a positive
animal has been detected ;
( i ) clearly distinguishable marking of all pigs on holdings
recognized as free of African swine fever .
3 . Measures to create regions free of African swine fever ,
entailing more particularly :
( a ) the establishment of a system identifying all pigs on
the national territory so that the region and holding of
origin can be traced at any time ;
( b ) the registration of all holdings engaged in pig farming,
specifying the type of production , their position with
regard to African swine fever and the size of their
stock;
( c ) the monitoring of stock of holdings by the
introduction of a pig-farming register or file recording
in particular entries of pigs to the holding and their
origin , exit of pigs and their destination , mortality and
the causes thereof;
( d ) the monitoring of movements of pigs within a region
or between regions irrespective of their origin and
destination by regional bodies established for that
purpose ;
(e ) an absolute ban on the entry of live pigs originating in
a region which does not have the same health
status ;
( f) the promotion of regional groups of farmers to
combat African swine fever so as to engender more
effective cooperation with the technical and
administrative departments and voluntary control
over the application of the plan ;
(g ) serological testing by sampling of pigs at the time of
their slaughter ;
(h ) laboratory testing of samples from slaughtered wild
swine .
2 . Measures for the surveillance of pig farms and the
establishment of zones free from African swine fever , and
in particular :
( a ) serological testing by representative samples from all
pig farms in each region of production .
However , the following rules shall apply in the special
cases described below :
— in the case of breeding farms , multiplication farms
or mixed closed circuit farms , all breeding sows
and sows intended for breeding must be subjected
to serological investigation ,
— in the case of mixed farms receiving pigs from
external sources , if no clear separation exists
between the breeding unit and the pig fattening
unit , all the pigs on the holding must be subjected
to serological investigation ;
( b ) systematic serological investigation on all farms where
one or more animals have reacted positively to the
serological test provided for in ( a ) and the
continuation of this investigation until all positive
animals have been detected and eliminated ;
( c ) an epizootiological investigation to identify the farms
on which pigs reacting positively to serological tests
originate and systematic serological investigation on
such farms ;
( d ) elimination by slaughter and destruction of all animals
reacting positively to serological tests following
measures provided for in ( a ), ( b ) and (c );
( e ) immediate and adequate compensation for owners of
pigs slaughtered and destroyed in accordance with
( d );
( f) health protection measures on farms where pigs react
negatively to serological tests . More particularly such
protection must entail :
— the application of health measures with regard to
any person entering the farm ,
— arrangements for the disinfection of any vehicle
having to enter the farm ,
— the installation of safety gates for the delivery of
feedingstuffs and various supplies ,
— the installation of safety gates for the removal of
pigs ;
( g ) health measures in respect of all animals entering the
farm for the purposes of breeding or fattening . More
particularly these measures must entail :
— an obligation to acquire animals from a farm
presenting the same assurances ,
31 . 12 . 86 Official Journal of the European Communities No L 382 / 11
there are only fattening pigs provided that these scraps
are collected and heat-treated , so as to ensure
destruction of the virus , in specialized establishments
under official control ; animals of the swine species
must not be allowed in these specialized
establishments ;
(d ) obligation to slaughter pigs , for consumption , in
slaughterhouses under official veterinary control .
Article 3
After examination of the plan submitted by the Spanish
authorities and of any amendments to be made thereto , the
Commission shall decide , in accordance with the procedure
laid down in Article 9 , whether or not to approve it .
The Committee of the European Agricultural Guidance and
Guarantee Fund shall be consulted on the financial aspects
and the Standing Committee on Structure on the structural
aspects of the plan .
Article 4
The measure provided for in this Decision shall qualify for
financial aid from the Community .
4 . Measures to restructure pig farms in order to ensure
greater health protection and prevent the spread of the
disease , entailing more particularly :
( a ) adaptation of existing piggeries so as to ensure
effective health protection through :
— protective installations for the entry of vehicles
and persons and safety gates for deliveries of
feedingstuffs and various supplies ,
— safety gates for the delivery or removal of live
Pigs ;
(b ) encouragement for the replacement of traditional
farms by closed circuit farms with clear and effective
separation between the breeding unit and the fattening
unit ;
( c ) for fattening farms , the establishment of systems for
the supply of piglets requiring the direct
transportation of animals from recognized
multiplication farms to the fattening farm ;
( d ) in the case of farms continuing to use grazing land in
certain regions where this practice cannot be
abandoned :
— the establishment of closed and protected housing
for breeding stock and their piglets ,
— establishment of enclosed and protected runs for
sows and fattening piglets until the latters'
departure to the grazing land ,
— prohibition on the return of fattening pigs from
grazing land to the breeding unit ,
— obligation to transport fattened pigs direct to the
slaughterhouse ,
— serological testing of all pigs fattened on grazing
land both before they are turned out and at the
time of slaughter ,
— where the result of serological testing is positive ,
seisure and destruction of the carcases in question
and a ban on the use of the grazing land of origin
for the fattening of pigs ,
— laboratory testing of samples from slaughtered
wild swine .
5 . National and regional protection measures , entailing
more particularly:
( a ) control and destruction of all waste from international
means of transport ;
(b ) control of all scraps and swill from kitchens and
industries using pigmeat ;
( c ) ban on the use for feeding to pigs of scraps and swill
from kitchens and industries using pigmeat . However ,
the competent authorities may authorize the use of
scraps for feeding in specially designated farms where
Article 5
1 . Community financial assistance shall be granted for a
period of five years from the date fixed by the Commission in
its decision approving the plan referred to in Article 1 .
2 . The estimated assistance to be charged to the
Community budget under the chapter covering expenditure
relating to agriculture shall be 42 million ECU for the
duration of the period provided for in paragraph 1 .
Article 6
1 . On condition that all the measures laid down are
applied and are in compliance with the plan approved by the
Commission pursuant to Article 3 , the expenditure incurred
by the Kingdom of Spain :
— under Article 2 ( 1 ) ( a), (b ), (c), ( e) and ( f), ( 2 ) ( a ), (b ), ( c),
(d ) and (e), ( 3 ) ( d), ( f), (g) and (h ) and the last three
indents of (4 ) ( d ), and
— under Article 2 ( 3 ) (b ) and (4 ) ( a ), (b ), (c) and the first two
indents of (d ),
No L 382 / 12 Official Journal of the European Communities 31 . 12 . 86
under consideration . Opinions shall be delivered by a
qualified majority of 54 votes .
4 . 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
propose to the Council the measures to be taken . The
Council shall adopt the measures by a qualified majority .
If, within three months from 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 decides against the said measures by a simple
majority .
shall qualify for Community financial aid within the limits
laid down in Article 5 .
2 . The Community shall refund 50 % of the expenditure
referred to in the first indent of paragraph 1 and 30 % of the
expenditure referred to in the second indent of para
graph 1 .
3 . Detailed rules for the application of this Article shall be
adopted , as required in accordance with the procedure laid
down in Article 13 of Regulation (EEC) No 729 / 70 (').
Article 7
1 . Applications for payment shall relate to expenditure
incurred by the Kingdom of Spain during the calendar year
and shall be submitted to the Commission before 1 July of the
following year .
2 . Article 7 ( 1 ) of Regulation (EEC) No 729 / 70 shall
apply to the decisions adopted by the Commission relating to
the Community financing of the measure provided for by this
Decision .
3 . Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in
Article 13 of Regulation (EEC) No 729 / 70 .
Article 8
Regulation (EEC) No 129 / 78 ( 2 ) and Articles 8 and 9 of
Regulation (EEC) No 729 / 70 shall apply mutatis
mutandis .
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 ( 3 ).
2 . Within the Committee , the votes of Member States
shall be weighted as laid down in Article 148 (2 ) of the
Treaty . The chairman shall not vote .
3 . The representative of the Commission shall submit a
draft of the measures to be adopted . The Committee shall
deliver its opinion on such measures within the time limit set
by the chairman according to the urgency of the matters
Article 10
1 . The Commission shall follow developments with
regard to African swine fever in Spain and the
implementation of the eradication plan .
The Commission shall inform the Member States within the
Committee of developments regularly , at least once a year , in
the light of the information provided by the Spanish
authorities , who shall submit a progress report to the
Commission together with the applications for payment , and
any reports from experts who , acting on behalf of the
Community and appointed by the Commission , have made
on-the-spot visits .
2 . Should the need arise to amend the eradication plan in
the course of its execution , in particular with a view to
ensuring coordination with other plans a new decision
approving it shall be taken in accordance with the procedure
laid down in Article 9 .
Article 1 1
This Decision is addressed to the Kingdom of Spain .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
H OJ No L 94 , 28 . 4 . 1970 , p . 13 .
( 2 ) OJ No L 20 , 25 . 1 . 1978 , p . 16 .
( 3 ) OJ No L 255 , 18 . 10 . 1968 , p . 23 .
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