Commission Implementing Regulation (EU) 2021/934 of 9 June 2021 laying down special control measures for classical swine fever (Text with EEA relevance)

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

This Regulation lays down:

(a) special disease control measures regarding classical swine fever to be applied for a limited period of time by the Member States (¹) which have restricted zones listed in Annex I to this Regulation (the Member States concerned). Those special disease control measures apply to kept and wild porcine animals and to products of animal origin, germinal products and animal by-products obtained from porcine animals, and are in addition to the measures applicable for the protection and surveillance of the restricted and infected zones established by the competent authorities of the Member States concerned in accordance with Article 21(1) and Article 63 of Delegated Regulation (EU) 2020/687.

(b) special disease control measures regarding classical swine fever to be applied for a limited period of time by all Member States.

This Regulation applies to:

(a) the movements of consignments from the restricted zones listed in Annex I of: (i) porcine animals kept in establishments located in restricted zones listed in Annex I; (ii) germinal products, products of animal origin and animal by-products obtained from kept porcine animals referred to in point (a)(i);

(b) the movements of: (i) consignments of wild porcine animals in the Member States concerned; (ii) 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 listed in Annex I or processed in establishments located in those restricted zones;

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

The disease control measures referred to in paragraph 1 cover the following:

(a) Chapter II lays down special rules for the establishment of restricted zones listed in Annex I in the event of an outbreak of classical swine fever;

(b) Chapter III lays down special disease control measures applicable to consignments of porcine animals kept in restricted zones listed in Annex I and products obtained thereof in the Member States concerned;

(c) Chapter IV lays down special risk-mitigating measures for food businesses in the Member States concerned;

(d) Chapter V lays down special disease control measures applicable to wild porcine animals in the Member States concerned;

(e) Chapter VI lays down the 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:

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

(b) ‘germinal products’ means porcine semen, oocytes and embryos obtained from kept porcine animals for artificial reproduction;

(c) ‘Category 2 materials’ means animal by-products referred to in Article 9 of Regulation (EC) 1069/2009 obtained from kept porcine animals;

(d) ‘Category 3 materials’ means animal by-products referred to in Article 10 of Regulation (EC) 1069/2009 obtained from kept porcine animals.

CHAPTER II

SPECIAL RULES FOR THE ESTABLISHMENT OF RESTRICTED ZONES IN THE EVENT OF AN OUTBREAK OF CLASSICAL 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 classical swine fever

In the event of an outbreak of classical swine fever in kept or wild porcine animals, the competent authorities of the Member States shall establish either:

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

(b) in the 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 listing of restricted zones in Annex I in the event of an outbreak of classical swine fever in wild porcine animals in a Member State

Article 5

General application of special disease control measures in restricted zones

The Member States concerned shall apply the special disease control measures laid down in Articles 3 and 4 of this Regulation in the restricted zones listed in Annex I to this Regulation in addition to the disease control measures to be applied in accordance with Delegated Regulation (EU) 2020/687 in:

(a) the restricted zones established in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687;

(b) the infected zones established in accordance with Article 63 of Delegated Regulation (EU) 2020/687.

CHAPTER III

SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO CONSIGNMENTS OF PORCINE ANIMALS KEPT IN RESTRICTED ZONES AND PRODUCTS THEREOF IN THE MEMBER STATES CONCERNED

SECTION 1

Specific prohibitions on movements of consignments of kept porcine animals and products thereof in the Member States concerned

Article 6

Specific prohibition on movements from the restricted zones of consignments of porcine animals kept in restricted zones

The competent authorities of the Member States concerned shall prohibit movements from the restricted zones listed in Annex I of consignments of porcine animals kept in those restricted zones.

Article 7

Specific prohibition on movements from the restricted zones of consignments of germinal products obtained from porcine animals kept in restricted zones

The competent authorities of the Member States concerned shall prohibit movements from the restricted zones listed in Annex I of consignments of germinal products obtained from porcine animals kept in those restricted zones.

Article 8

Specific prohibition on movements from the restricted zones of consignments of animal by-products obtained from porcine animals kept in restricted zones

The competent authorities of the Member States concerned shall prohibit movements from the restricted zones listed in Annex I of consignments of animal by-products obtained from porcine animals kept in those restricted zones.

Article 9

Specific prohibition on movements from the restricted zones of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones

SECTION 2

General conditions for derogations authorising movements from restricted zones of consignments of porcine animals kept in restricted zones

Article 10

General conditions for derogations from the specific prohibition in relation to movements from the restricted zones of consignments of porcine animals kept in restricted zones

By way of derogation from the specific prohibition provided for in Article 6, the competent authorities of the Member States concerned may authorise movements from the restricted zones listed in Annex I of consignments of porcine animals kept in those restricted zones in the cases covered by Articles 18 to 22, subject to compliance with the specific conditions laid down in those Articles, and with the following conditions:

(a) the general conditions laid down Article 28(2) to (7) of Delegated Regulation (EU) 2020/687; and

(b) the additional general conditions concerning: (i) movements of consignments of kept porcine from the restricted zones listed in Annex I, laid down in Article 11; (ii) establishments for kept porcine animals located in restricted zones listed in Annex I, laid down in Article 12; (iii) the means of transport used for the transportation of kept porcine animals from restricted zones listed in Annex I, laid down in Article 13.

Article 11

Additional general conditions for movements from the restricted zones of consignments of porcine animals kept in restricted zones

The competent authorities of the Member States concerned shall only authorise movements from the restricted zones listed in Annex I of porcine animals kept in those restricted zones in the cases covered by Articles 18 to 22, subject to compliance with the specific conditions laid down in those Articles and provided that:

(a) the porcine animals have been kept in and have not been moved from their establishment of dispatch for a period of at least 90 days prior to the date of movement, or since birth, if they are younger than 90 days of age, and during the 30-day period immediately prior to the date of dispatch no other kept porcine animals have been introduced into that establishment from the restricted zones listed in Annex I into either: (i) that establishment of dispatch; or (ii) the epidemiological unit of that establishment of dispatch where the porcine animals to be moved were kept completely separated. The competent authority shall determine, after carrying out a risk assessment, the boundaries of such epidemiological unit confirming that the structure, size and distance between the different epidemiological units and the operations being carried out ensure separate facilities for the housing, keeping and feeding of kept porcine animals so that the classical swine fever virus cannot spread from one epidemiological unit to another;

(b) a clinical examination has been carried out on the porcine animals kept in the establishment of dispatch, including those animals to be moved, with favourable results concerning classical swine fever: (i) by an official veterinarian; (ii) within the 24-hour period prior to the time of movement of the consignment; and (iii) in accordance with Article 3(1) and (2) of Delegated Regulation (EU) 2020/687 and point A.1 of Annex I thereto;

(c) if necessary, following the instructions of the competent authority, pathogen identification tests or antibody detection tests have been carried out prior to the date of the movement of the consignment from the establishment of dispatch: (i) following the clinical examination referred to in point (b) for porcine animals kept in the establishment, including those animals to be moved; and (ii) in accordance with point A.2 of Annex I to Delegated Regulation (EU) 2020/687.

Article 12

Additional general conditions for establishments of kept porcine animals located in restricted zones

The competent authorities of the Member States concerned shall only authorise movements from the restricted zones listed in Annex I of porcine animals kept in establishments located in those restricted zones outside those zones in the cases covered by Articles 18 to 22, subject to compliance with the specific conditions laid down in those Articles and provided that:

(a) the establishment of dispatch has been visited by an official veterinarian at least once following the listing of the restricted zones in Annex I to this Regulation, and is subject to regular visits by official veterinarians as provided for in Article 26(2) of Delegated Regulation (EU) 2020/687 at least twice a year, with an interval of at least four months between such visits;

(b) the establishment of dispatch implements biosecurity requirements for classical swine fever: (i) in accordance with the reinforced biosecurity measures for establishments of kept porcine animals located in restricted zones listed set out in Annex II; and (ii) as established by the Member State concerned;

(c) continuous surveillance by means of testing with pathogen identification tests and antibody detection tests for classical swine fever is carried out in the establishment of dispatch: (i) in accordance with Article 3(2) of Delegated Regulation (EU) 2020/687 and Annex I thereto; (ii) with negative results, each week, on at least the first two dead kept porcine animals over the age of 60 days or, in the absence of such dead animals over the age of 60 days, on any dead kept porcine animals after weaning, in each epidemiological unit; (iii) at least during the monitoring period for classical swine fever set out in Annex II to Delegated Regulation (EU) 2020/687 before the movement of the consignment from the establishment of dispatch.

Article 13

Additional general conditions for the means of transport used for the transportation from the restricted zones of porcine animals kept in restricted zones

The competent authorities of the Member States concerned shall only authorise movements from the restricted zones listed in Annex I of consignments of porcine animals kept in those restricted zones if the means of transport used for the transportation of those consignments:

(a) comply with the requirements laid down in Article 24(1) of Delegated Regulation (EU) 2020/687; and

(b) are cleaned and disinfected in accordance with Article 24(2) of Delegated Regulation (EU) 2020/687 under the control or supervision of the competent authorities of the Member States.

SECTION 3

Obligations on operators with regard to animal health certificates

Article 14

Operators’ obligations with regard to animal health certificates for movements from the restricted zones of consignments of porcine animals kept in restricted zones

Operators shall only move consignments of porcine animals kept in the restricted zones listed in Annex I to this Regulation, from those restricted zones to another Member State in the cases covered by Article 18 of this Regulation, if those consignments are accompanied by an animal health certificate, as provided for in Article 143(1) of Regulation (EU) 2016/429, that contains the following attestation of compliance with the requirements laid down in this Regulation:

‘Porcine animals kept in restricted zone in compliance with the special control measures relating to classical swine fever laid down in Commission Implementing Regulation (EU) 2021/934.’.

Article 15

Operators’ obligations with regard to animal health certificates for movements from the restricted zones of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones

Operators shall only move consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in the restricted zones listed in Annex I to this Regulation, from those restricted zones to another Member State in the cases covered by Article 22 of this Regulation, if those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains:

(a) the information required in accordance with Article 3 of Delegated Regulation (EU) 2020/2154; and

(b) the following attestation of compliance with the requirements laid down in this Regulation: ‘Fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zone in compliance with the special control measures relating to classical swine fever laid down in Commission Implementing Regulation (EU) 2021/934’.

Operators shall only move consignments of processed meat products, including casings, obtained from porcine animals kept in the restricted zones listed in Annex I, from those restricted zones to another Member State, subject to compliance with the following conditions:

(a) the processed meat products, including casings, have undergone the relevant risk-mitigating treatment set out in Annex VII to Delegated Regulation (EU) 2020/687;

(b) those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains: (i) the information required in accordance with Article 3 of Delegated Regulation (EU) 2020/2154; and (ii) the following attestation of compliance with the requirements laid down in this Regulation: ‘Processed meat products, including casings, obtained from porcine animals kept in restricted zones in compliance with the special control measures relating to classical swine fever laid down in Commission Implementing Regulation (EU) 2021/934.’.

Operators shall only move consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside the restricted zones listed in Annex I and slaughtered in slaughterhouses located in those restricted zones, from such restricted zones to another Member State, if those consignments are accompanied by:

(a) an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains the information required in accordance with Article 3 of Delegated Regulation (EU) 2020/2154; and

(b) the following attestation of compliance with the requirements laid down in this Regulation: ‘Fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones and slaughtered in restricted zones in compliance with the special control measures relating to classical swine fever laid down in Commission Implementing Regulation (EU) 2021/934’.

Operators shall only move consignments of processed meat products, including casings, obtained from porcine animals kept in areas outside the restricted zones listed in Annex I, and processed in those restricted zones, from such restricted zones to another Member State, subject to compliance with the following conditions:

(a) the processed meat products, including casings, have undergone the relevant risk-mitigating treatment set out in Annex VII to Delegated Regulation (EU) 2020/687;

(b) those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Regulation (EU) 2016/429 that contains: (i) the information required in accordance with Article 3 of Delegated Regulation (EU) 2020/2154; and (ii) the following attestation of compliance with the requirements laid down in this Regulation: ‘Processed meat products, including casings, obtained from porcine animals kept in areas outside restricted zones and processed in restricted zones in compliance with the special control measures relating to classical swine fever laid down in Commission Implementing Regulation (EU) 2021/934.’.

The competent authorities of the Member States concerned may decide that a health mark or, where relevant, an identification mark provided for in Article 5(1), point (b) of Regulation (EC) No 853/2004 applied on the fresh or processed meat and meat products, including casings, in establishments designated in accordance with Article 23(1) of this Regulation may be substituted for the animal health certificate for movements from the restricted zones listed in Annex I for the following consignments of:

(a) fresh meat and meat products, including casings, obtained from porcine animals kept in the restricted zones, listed in Annex I, to another Member State, as laid down in paragraph 1;

(b) processed meat products, including casings, obtained from porcine animals kept in the restricted zones, listed in Annex I, to another Member State, as laid down in paragraph 2;