SECTION 1 — Application of specific prohibitions on movements of consignments of kept porcine animals and products thereof in the member states concerned
Specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to:
(a)
movements of consignments of porcine animals kept in a restricted zone I to establishments located in the same or other restricted zones I, to restricted zones II and III or outside those restricted zones provided that the establishment of destination is located in the territory of the same Member State concerned;
(b)
movements of consignments of porcine animals kept in confined establishments located in restricted zones I, II and III provided that:
(i)
the competent authority of the Member State concerned assessed the risks arising from such movements and that assessment indicated that the risk of the spread of African swine fever is negligible;
(ii)
the porcine animals are only moved to another confined establishment located in the same Member State concerned.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones in the cases covered by Articles 22 to 31 subject to compliance with the specific conditions laid down in those Articles.
Specific prohibitions on movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to movements of consignments of germinal products of porcine animals kept in confined establishments located in restricted zones II and III provided that:
(a)
the competent authority of the Member State concerned assessed the risks arising from such movements and that assessment indicated that the risk of the spread of African swine fever is negligible;
(b)
the germinal products are only moved to another confined establishment located in the same Member State concerned.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 32, 33 and 34 subject to compliance with the specific conditions laid down in those Articles.
Specific prohibitions on movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 shall not apply to movements of consignments of animal by-products obtained from porcine animals kept outside restricted zones II and III and slaughtered in slaughterhouses located in restricted zones II and III, provided that there is a clear separation of those animal by-products in establishments and during transport from animal by-products obtained from porcine animals kept in restricted zones II and III.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 35 to 40 subject to compliance with the specific conditions laid down in those Articles.
Specific prohibitions on movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones
1. The competent authority of the Member State concerned shall prohibit movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones.
2. The competent authority of the Member State concerned may decide that the prohibition provided for in paragraph 1 of this Article shall not apply to movements of consignments of meat products, including casings, obtained from porcine animals kept in restricted zones II and III, which have undergone the relevant risk-mitigating treatment in accordance with Annex VII to Delegated Regulation (EU) 2020/687, as regards African swine fever, in establishments designated in accordance with Article 44(1) of this Regulation.
3. By way of derogation from the prohibitions provided for in paragraph 1 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones in the cases covered by Articles 41, 42 and 43 subject to compliance with the specific conditions laid down in those Articles.
General prohibitions on movements of consignments of kept porcine animals and products thereof considered a risk for the spread of African swine fever
The competent authority of the Member State concerned may prohibit, within the territory of the same Member State, the movements of consignments of kept porcine animals and products obtained from kept porcine animals if the competent authority considers that there is a risk for the spread of African swine fever to, from or through those kept porcine animals or products thereof.
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 restricted zones
General conditions for derogations from specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
1. By way of derogation from the specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones laid down in Article 9(1), the competent authority of the Member State concerned may authorise such movements in the cases covered by Articles 22 to 25 and Articles 28, 29 and 30 subject to compliance with the specific conditions laid down in those Articles, and the following conditions:
(a)
the general conditions laid down Article 43(2) to (7) of Delegated Regulation (EU) 2020/687; and
(b)
the additional general conditions concerning:
(i)
movements of consignments of kept porcine animals within and outside restricted zones I, II and III laid down in Article 15 where applicable;
(ii)
establishments for kept porcine animals located in restricted zones I, II and III laid down in Article 16;
(iii)
the means of transport used for the transportation of kept porcine animals from restricted zones I, II and III laid down in Article 17.
2. Prior to granting authorisations provided for in Articles 22 to 25 and Articles 28 to 31, the competent authority of the Member State concerned shall assess the risks arising from such authorisations and that assessment must indicate that the risk of the spread of African swine fever is negligible.
3. The competent authority of the Member State concerned may decide that the additional general conditions laid down in Articles 15 and 16 shall not apply to movements of consignments of porcine animals kept in slaughterhouses located in the restricted zones I, II and III provided that:
(a)
the kept porcine animals need to be moved to another slaughterhouse due to exceptional circumstances, such as a major breakdown in the slaughterhouse;
(b)
the slaughterhouse of destination is located either:
(i)
in restricted zones I, II or III of the same Member State; or
(ii)
in exceptional circumstances, such as the absence of the slaughterhouses referred to in point (b)(i), outside restricted zones I, II or III in the territory of the same Member State;
(c)
the movement is authorised by the competent authority of the Member State concerned.
Additional general conditions on movements of consignments of porcine animals kept and germinal products collected in restricted zones I, II and III within and outside those restricted zones
1. The competent authority of the Member State concerned shall authorise movements of consignments of porcine animals kept in restricted zones I, II and III or germinal products of those animals collected in restricted zones II and III within and outside those restricted zones in the cases covered by Articles 22 to 25 and Articles 28 to 34 subject to compliance with the specific conditions laid down in those Articles and the following additional general conditions:
(a)
the porcine animals have been kept in and have not been moved from the establishment of dispatch for a period of at least 30 days prior to the date of movement, or since birth, if they are younger than 30 days of age, and during that period no other kept porcine animals have been introduced from establishments located in restricted zones II that do not comply with the additional general conditions laid down in this Article and in Article 16 and from establishments located in restricted zones III into either:
(i)
that establishment of dispatch; or
(ii)
the epidemiological unit where the porcine animals to be moved were kept completely separated. The competent authority of the Member State concerned shall determine, after carrying out a risk assessment, the boundaries of such epidemiological unit confirming that the structure, size and distance between different epidemiological units and the operations being carried out ensure separate facilities for housing, keeping and feeding of kept porcine animals so that the African 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 or used for the collection of germinal products, with favourable results concerning African swine fever:
(i)
by an official veterinarian;
(ii)
within the period of 24 hours prior to the time of:
—
the movement of the consignment of porcine animals, or
—
the collection of the germinal products; 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 have been carried out prior to the date of the movement of those consignments from the establishment of dispatch or prior to the date of the collection of germinal products:
(i)
following the clinical examination referred to in point (b) for porcine animals kept in the establishment of dispatch, including those porcine animals to be moved or to be used for the collection of germinal products; and
(ii)
in accordance with point A.2 of Annex I to Delegated Regulation (EU) 2020/687.
2. The competent authority of the Member State concerned shall obtain, where relevant, negative results of pathogen identification tests referred to in paragraph 1, point (c), before authorising the movement of the consignments of porcine animals or prior to the date of the collection of germinal products.
3. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of kept porcine animals from establishments of dispatch located in restricted zones I and II within and outside those restricted zones to establishments located within the same Member State concerned, the clinical examination referred to in paragraph 1, point (b):
(a)
shall be carried out only for porcine animals to be moved; or
(b)
shall not be required to be carried out, provided that:
(i)
the establishment of dispatch has been visited by an official veterinarian with a frequency rate referred to in Article 16(1), point (a)(i), and with a favourable outcome of all the visits by an official veterinarian during a period of at least twelve months prior to the date of movement of the consignment of porcine animals, indicating that:
—
the biosecurity requirements referred to in Article 16(1), point (b), have been implemented in the establishment of dispatch;
—
a clinical examination with favourable results concerning African swine fever has been carried out by an official veterinarian during those visits on the porcine animals kept in the establishment of dispatch in accordance with Article 3(1) and (2) of Delegated Regulation (EU) 2020/687 and point A.1 of Annex I thereto;
(ii)
the continuous surveillance referred to in Article 16(1), point (c), has been in place in the establishment of dispatch during a period of at least twelve months prior to the date of movement of the consignment of porcine animals.
4. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of kept porcine animals from an establishment of dispatch located in a restricted zone III to establishments located within that restricted zone III or within restricted zones I or II in the same Member State concerned, the clinical examination referred to in paragraph 1, point (b):
(a)
shall be carried out only for the porcine animals to be moved; or
(b)
shall not be required to be carried out, provided that:
(i)
the establishment of dispatch has been visited by an official veterinarian with a frequency rate referred to in Article 16(1), point (a)(ii), and with a favourable outcome of all the visits by an official veterinarian during a period of at least twelve months prior to the date of movement, indicating that:
—
the biosecurity requirements referred to in Article 16(1), point (b), have been implemented in the establishment of dispatch;
—
a clinical examination with favourable results concerning African swine fever has been carried out by an official veterinarian during those visits on the porcine animals kept in the establishment of dispatch in accordance with Article 3(1) and (2) of Delegated Regulation (EU) 2020/687 and point A.1 of Annex I thereto;
(ii)
the continuous surveillance referred to in Article 16(1), point (c), has been in place in the establishment of dispatch during a period of at least twelve months prior to the date of movement.
5. The competent authority of the Member State concerned may decide that, in the case of movements of consignments of germinal products collected in restricted zones II and III to establishments located within the same Member State concerned or in other Member States, the clinical examination referred to in paragraph 1, point (b), shall not be required to be carried out, provided that:
(a)
the establishment of dispatch has been visited by an official veterinarian with a frequency rate referred to in Article 16(1), point (a)(ii), and with a favourable outcome for all the visits by an official veterinarian during a period of at least twelve months prior to the date of the collection of germinal products, indicating that:
(i)
the biosecurity requirements referred to in Article 16(1), point (b), have been implemented in the establishment of dispatch;
(ii)
a clinical examination with favourable results concerning African swine fever has been carried out by an official veterinarian during those visits on the porcine animals kept in the establishment of dispatch in accordance with Article 3(1) and (2) of Delegated Regulation (EU) 2020/687 and point A.1 of Annex I thereto;
(iii)
the continuous surveillance referred to in Article 16(1), point (c), has been in place in the establishment of dispatch during a period of at least twelve months prior to the date of the collection of germinal products.
Additional general conditions for establishments of kept porcine animals located in restricted zones I, II and III
1. The competent authority of the Member State concerned shall only authorise movements of consignments of porcine animals kept in establishments located in restricted zones I, II or III or consignments of germinal products collected in restricted zones II or III within and outside those restricted zones, in the cases covered by Articles 22 to 25 and Articles 28 to 34 subject to compliance with the specific conditions laid down in those Articles and the following additional general conditions:
(a)
the establishment of dispatch has been visited by an official veterinarian at least once after the listing of the restricted zones I, II and III in Annex I to this Regulation or during the period of three months prior to the date of movement of the consignment, and is subject to regular visits by official veterinarians as provided for in Article 26(2) of Delegated Regulation (EU) 2020/687 as follows:
(i)
in the restricted zones I and II: at least twice a year, with an interval of at least four months between such visits;
(ii)
in the restricted zone III: at least once every three months.
(b)
the establishment of dispatch implements biosecurity requirements for African swine fever:
(i)
in accordance with the reinforced biosecurity measures set out in Annex III; and
(ii)
as established by the Member State concerned;
(c)
continuous surveillance by means of testing with pathogen identification tests for African 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; and
(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; and
(iii)
at least during the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687 before the movement of the consignment from the establishment of dispatch; or
(iv)
if necessary, following the instructions of the competent authority, in accordance with Article 15(1), point (c), where there are no dead kept porcine animals in the establishment during that monitoring period for African swine fever referred to in point (c)(iii) of this paragraph.
2. The competent authority may decide to carry out visits to the establishment of dispatch in a restricted zone III referred to in paragraph 1, point (a)(ii), with a frequency rate referred to in paragraph 1, point (a)(i), based on a favourable outcome of the last visit after the listing of the restricted zones I, II and III in Annex I or during the period of three months prior to the date of movement of the consignment indicating that:
(a)
the biosecurity requirements referred to in paragraph 1, point (b), are implemented, and
(b)
the continuous surveillance referred to in paragraph 1, point (c), is in place in that establishment.
3. The competent authority of the Member State concerned may decide that the stock-proof fencing provided for in point (2)(h) of Annex III and referred to in paragraph 1, point(b)(i), of this Article shall not be required either:
(a)
for establishments of kept porcine animals for a period of six months from the date of confirmation of the first outbreak of African swine fever in a previously disease-free Member State or zone provided that:
(i)
the competent authority of the Member State has assessed the risks arising from such a decision and that assessment indicates that the risk of the spread of African swine fever is negligible;
(ii)
an alternative system is in place ensuring that porcine animals kept in establishments are separated from wild porcine animals in Member States where a population of wild porcine animals is present;
(iii)
kept porcine animals from those establishments are not moved to another Member State;
(iv)
porcine animals are not kept temporarily or permanently outdoors in those establishments; or
(b)
if the appropriate and continuous surveillance has demonstrated no evidence of the permanent presence of wild porcine animals in that Member State; or
(c)
for establishments of kept porcine animals for a period of six months following the date of publication of this Regulation, if consignments of porcine animals kept in restricted zones I, II and III and products thereof are only moved within those restricted zones in accordance with Articles 22, 23, 24, 28 or 30 of this Regulation.
Additional general conditions concerning the means of transport used for the transportation of porcine animals kept in restricted zones I, II and III within and outside those restricted zones
The competent authority of the Member State concerned shall only authorise movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones if the means of transport used for the transportation of those consignments:
(a)
comply with 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 authority of the Member State concerned.
SECTION 3 — Operators’ obligations with regard to animal health certificates
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 restricted zones
Operators shall only move consignments of porcine animals kept in restricted zones I, II and III outside those restricted zones within the Member State concerned or to another Member State in the cases covered by Articles 22 to 25 and Articles 28 to 31 of this Regulation if those consignments are accompanied by an animal health certificate as provided for in Article 143(2) of Regulation (EU) 2016/429 that contains at least one of the following attestations of compliance with the requirements laid down in this Regulation:
(a)
‘Porcine animals kept in a restricted zone I in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’;
(b)
‘Porcine animals kept in a restricted zone II in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’;
(c)
‘Porcine animals kept in a restricted zone III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’.
However, in the case of movements of such consignments within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 143(2), second subparagraph, of Regulation (EU) 2016/429.
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
1. Operators shall only move, from restricted zones I and II within the same Member State concerned or to another Member State, consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones I or II in the cases covered by Articles 41 and 42 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 Commission Delegated Regulation (EU) 2020/2154 ( 16 ) ; and
(b)
one of the following attestations of compliance with the requirements laid down in this Regulation:
(i)
‘Fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone I in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’;
(ii)
‘Fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’
2. Operators shall only move, from restricted zones I, II and III within the same Member State concerned or to another Member State, consignments of meat products, including casings, that have undergone the relevant risk-mitigating treatment, obtained from porcine animals kept in restricted zones I, II or III subject to compliance with the following conditions:
(a)
the 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 provided for in this Regulation:
‘Meat products, including casings, that have undergone the relevant risk-mitigating treatment, obtained from porcine animals kept in restricted zones I, II or III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’.
3. Operators shall only move, from restricted zones I, II and III within the same Member State concerned or to another Member State, consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and slaughtered either in slaughterhouses located in restricted zones I, II or III or in slaughterhouses located outside those restricted zones, 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)
one of the following attestations of compliance with the requirements laid down in this Regulation:
(i)
‘Fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and slaughtered in restricted zones I, II or III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; or
(ii)
‘Fresh meat and meat products, including casings, obtained from porcine animals kept and slaughtered in areas outside restricted zones I, II and III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; or
(iii)
‘Fresh meat and meat products, including casings, obtained from porcine animals kept and slaughtered in areas outside restricted zones I, II and III and produced or processed in restricted zones I, II or III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’.
4. In the cases of movements of consignments referred to in paragraphs 1, 2 and 3 of this Article within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 167(1), first subparagraph, of Regulation (EU) 2016/429.
5. The competent authority of the Member State concerned may decide that, in the cases not covered by Article 167(1), first subparagraph, of Regulation (EU) 2016/429, 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 meat or meat products, including casings, may substitute the animal health certificate for movements of consignments to other Member States provided that:
(a)
a health mark or, where relevant, an identification mark is applied on the fresh meat or meat products, including casings, in either:
(i)
establishments designated in accordance with Article 44(1) of this Regulation; or
(ii)
establishments which only handle fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone I or areas outside restricted zones I, II and III, and listed in the list of establishments referred to in paragraph 6 of this Article;
(b)
the animal health certificate is only substituted for the following consignments:
(i)
fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones I or II from those restricted zones to another Member State, as laid down in paragraph 1;
(ii)
meat products, including casings, that have undergone the relevant risk-mitigating treatment, obtained from porcine animals kept in restricted zones I or II from those restricted zones to another Member State, as laid down in paragraph 2;
(iii)
fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and either slaughtered in those areas or slaughtered in slaughterhouses located in restricted zones I, II or III from those restricted zones to another Member State, as laid down in paragraph 3;
(iv)
fresh meat and meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and produced or processed in restricted zones I, II or III from those restricted zones to another Member State, as laid down in paragraph 3;
(c)
the competent authority of the Member State concerned ensures that an alternative system is in place ensuring that consignments referred to in point (b) are traceable and that those consignments fulfil the special disease control measures related to African swine fever laid down in this Regulation.
6. The competent authority of the Member State concerned shall:
(a)
provide the Commission and other Member States with a link to the website of the competent authority with a list of establishments located in restricted zones I, II and III:
(i)
which only handle fresh meat or meat products, including casings, obtained from porcine animals kept in restricted zones I or areas outside restricted zones I, II and III; and
(ii)
for which the competent authority of the Member State concerned has granted a possibility to substitute the animal health certificate for movements of consignments to other Member States with a health or, where relevant, an identification mark referred to in paragraph 5;
(b)
keep the list provided for in point (a) updated.
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 or III outside those restricted zones
Operators shall only move consignments of germinal products obtained from porcine animals kept in restricted zones II or III outside those restricted zones within the same Member State concerned or to another Member State in the cases covered by Articles 32, 33 and 34 of this Regulation, if those consignments are accompanied by an animal health certificate as provided for in Article 161(1) of Regulation (EU) 2016/429 that contains at least one of the following attestations of compliance with the requirements laid down for in this Regulation:
(a)
‘Germinal products obtained from porcine animals kept in restricted zones II in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’;
(b)
‘Germinal products obtained from porcine animals kept in restricted zone III in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’.
However, in the case of movements of consignments within the same Member State concerned, the competent authority may decide that an animal health certificate does not have to be issued as referred to in Article 161(2), second subparagraph, of Regulation (EU) 2016/429.
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 or III outside those restricted zones
Operators shall only move consignments of Category 2 and 3 materials obtained from porcine animals kept in restricted zones II or III outside those restricted zones within the same Member State concerned or to another Member State in the cases covered by Articles 35 to 40, if those consignments are accompanied by:
(a)
the commercial document referred to in Chapter III of Annex VIII to Regulation (EU) No 142/2011; and
(b)
an animal health certificate referred to in Article 22(5) of Delegated Regulation (EU) 2020/687 and set out in Annex VIII to Regulation (EU) No 142/2011.
However, in the case of movements within the same Member State concerned, the competent authority may decide that an animal health certificate shall not be issued as referred to in Article 22(6) of Delegated Regulation (EU) 2020/687.
SECTION 4 — Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone to:
(a)
an establishment located in the territory of the same Member State concerned:
(i)
in the same or another restricted zone I;
(ii)
in restricted zones II or III;
(iii)
outside the restricted zones I, II and III;
(b)
an establishment located in the territory of another Member State;
(c)
third countries.
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Articles 16 and 17.
SECTION 5 — Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone in the territory of the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to an establishment located in the territory of the same Member State concerned:
(a)
in the same or another restricted zone II;
(b)
in restricted zones I or III;
(c)
outside the restricted zones I, II and III.
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687;
(b)
the additional general conditions laid down in Article 14(2) and Articles 15, 16 and 17.
3. The competent authority of the Member State concerned shall ensure that porcine animals subject to an authorised movement referred to in paragraph 1 of this Article remain in the establishment of destination for at least the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687.
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to a slaughterhouse located in the territory of the same Member State concerned, provided that:
(a)
the kept porcine animals are moved for the purpose of immediate slaughter;
(b)
the slaughterhouse of destination is designated in accordance with Article 44(1).
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Articles 16 and 17.
3. By way of derogation from the prohibition provided for in Article 9(1), when the movements referred to in paragraph 1 of this Article do not comply with the conditions provided for in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II within or outside that restricted zone, provided that:
(a)
prior to granting the authorisation, the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible;
(b)
the kept porcine animals are moved for the purpose of immediate slaughter and in accordance with Article 28(2), Article 29(2), point (a), and Article 29(2), point (b)(i) to (v), of Delegated Regulation (EU) 2020/687;
(c)
the slaughterhouse of destination is designated in accordance with Article 44(1) and is located:
(i)
within the same or another restricted zone II as near as possible to the establishment of dispatch;
(ii)
in restricted zones I or III in the territory of the same Member State concerned, where it is not possible to slaughter the animals in the restricted zone II;
(iii)
in areas outside restricted zones I, II and III in the territory of the same Member State, where it is not possible to slaughter the animals in the restricted zones I, II or III;
(d)
the animal by-products obtained from porcine animals kept in a restricted zone II are processed or disposed in accordance with Articles 35 and 39;
(e)
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II are only moved from a slaughterhouse within the same Member State in accordance with Article 41(2), point (b).
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to an establishment located in restricted zones II or III in another Member State.
2. The competent authority of the Member State concerned shall only grant the authorisations provided for in paragraph 1 where:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2) and Articles 15, 16 and 17 are met;
(c)
a channelling procedure has been set up in accordance with Article 26;
(d)
the kept porcine animals comply with any other additional appropriate guarantees related to African swine fever based on a positive outcome of a risk assessment of the measures against the spread of that disease:
(i)
required by the competent authority of the establishment of dispatch;
(ii)
approved by the competent authorities of the Member States of passage and of the establishment of destination, prior to the movement of the consignment of kept porcine animals;
(e)
no outbreak of African swine fever has been officially confirmed in kept porcine animals in accordance with Article 11 of Delegated Regulation (EU) 2020/687 in the establishment of dispatch during the period of at least twelve months prior to the date of the movement of the consignment of kept porcine animals;
(f)
the operator has notified the competent authority in advance of the intention to move the consignment of kept porcine animals in accordance with Article 152, point (b), of Regulation (EU) 2016/429 and Article 96 of Commission Delegated Regulation (EU) 2020/688 ( 17 ) .
3. The competent authority of the Member State concerned shall:
(a)
draw up a list of establishments that comply with the guarantees referred to in paragraph 2, point (d);
(b)
inform, in the framework of the Standing Committee on Plants, Animals, Food and Feed, the Commission and the other Member States of the guarantees provided for in accordance with paragraph 2, point (d), and of the approval by the competent authorities provided for in accordance with the paragraph 2, point (d)(ii).
4. The approval provided for in paragraph 2, point (d)(ii), of this Article and the obligation of information provided for in paragraph 3, point (b), of this Article shall not be required when the establishment of dispatch, places of passage and the establishment of destination are all located in restricted zones I, II or III and those restricted zones are continuous, thereby ensuring that the consignment of kept porcine animals is only moved through those restricted zones I, II or III in accordance with specific conditions provided for in Article 22(4) of Delegated Regulation (EU) 2020/687.
Specific channelling procedure for granting derogations for movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State
1. The competent authority of the Member State concerned shall set up a channelling procedure as provided for in Article 25(2), point (c), for movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to an establishment located in restricted zones II or III in another Member State under the control of the competent authorities of:
(a)
the establishment of dispatch;
(b)
the Member States of passage;
(c)
the establishment of destination.
2. The competent authority of the establishment of dispatch shall:
(a)
ensure that each means of transport used for the movements of the consignments of kept porcine animals referred to in paragraph 1 are:
(i)
individually accompanied by a satellite navigation system to determine, transmit and record its real time location;
(ii)
sealed by an official veterinarian immediately after the loading of the consignment of kept porcine animals; only an official veterinarian or enforcement authority of the Member State concerned, as agreed with the competent authority, may break the seal and replace it with a new one, where relevant.
(b)
inform in advance the competent authority of the place of the establishment of destination and, where relevant, the competent authority of the Member State of passage, of the intention to send the consignment of kept porcine animals;
(c)
set up a system whereby operators are required to immediately notify the competent authority of the place of the establishment of dispatch of any accident or breakdown of any means of transport used for the transportation of the consignment of kept porcine animals;
(d)
ensure the establishment of an emergency plan, the chain of command and the necessary arrangements for cooperation between the competent authorities referred to in paragraph 1, points (a), (b) and (c), in the event of possible accidents during the transport, any major breakdown or any fraudulent action by operators.
Obligations on the competent authority of the Member State concerned of the place of the establishment of destination for consignments of porcine animals kept in a restricted zone II of another Member State
The competent authority of the Member State concerned of the place of the establishment of destination for consignments of porcine animals kept in a restricted zone II of another Member State shall:
(a)
notify without undue delay the competent authority of the establishment of dispatch of the arrival of the consignment;
(b)
ensure that kept porcine animals either:
(i)
remain in the establishment of destination for at least the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687; or
(ii)
are moved directly to a slaughterhouse designated in accordance with Article 44(1) .
SECTION 6 — Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within and outside that restricted zone
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that zone and outside that restricted zone to a restricted zone I or II in the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), in exceptional circumstances, where as a result of that prohibition animal welfare problems arise in an establishment where porcine animals are kept, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone to an establishment located in a restricted zone II, or, in the absence of such a restricted zone II in that Member State, in a restricted zone I, in the territory of the same Member State provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), (2) and (4), and Articles 16 and 17 are met;
(c)
the establishment of destination belongs to the same supply chain and the kept porcine animals are to be moved to complete the production cycle.
2. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III to an establishment located within that restricted zone in the territory of the same Member State concerned, subject to compliance with:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), (2) and (4), and Articles 16 and 17.
3. The competent authority of the Member State concerned shall ensure that kept porcine animals are not moved from the establishment of destination located in the restricted zone I, II or III during at least the monitoring period for African swine fever set out in Annex II to Delegated Regulation (EU) 2020/687.
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone for the purpose of immediate slaughter in the same Member State concerned
1. By way of derogation from the prohibition provided for in Article 9(1), in exceptional circumstances, where as a result of that prohibition animal welfare problems arise in an establishment where porcine animals are kept, and in the case of logistic limitations in the slaughter capacity of the slaughterhouses located in the restricted zone III and designated in accordance with Article 44(1) or in the absence of a designated slaughterhouse in the restricted zone III, the competent authority of the Member State concerned may authorise for the purpose of immediate slaughter movements of porcine animals kept in a restricted zone III outside that restricted zone to a slaughterhouse designated in accordance with Article 44(1) in the same Member State as near as possible to the establishment of dispatch located:
(a)
in a restricted zone II;
(b)
in a restricted zone I, where it is not possible to slaughter the animals in the restricted zone II;
(c)
outside of restricted zones I, II and III, where it is not possible to slaughter the animals in those restricted zones.
2. The competent authority of the Member State concerned shall only grant an authorisation provided for in paragraph 1 where:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2), and Articles 16 and 17 are met;
3. The competent authority of the Member State concerned shall ensure that:
(a)
the kept porcine animals are destined for the purpose of immediate slaughter directly to a slaughterhouse designated in accordance with Article 44(1);
(b)
on arrival at the designated slaughterhouse, the porcine animals from the restricted zone III are kept separately from other porcine animals and are slaughtered either:
(i)
on a specific day when only porcine animals from the restricted zone III are slaughtered; or
(ii)
at the end of a slaughter day thereby ensuring that other kept porcine animals are not slaughtered thereafter;
(c)
after the slaughtering of the porcine animals from the restricted zone III, and before the slaughtering of other kept porcine animals starts, the slaughterhouse is cleaned and disinfected in accordance with the instructions of the competent authority of the Member State concerned.
4. The competent authority of the Member State concerned shall ensure that:
(a)
animal by-products obtained from porcine animals kept in the restricted zone III and moved outside that restricted zone are processed or disposed in accordance with Articles 35 and 40;
(b)
fresh meat and meat products, including casings, obtained from porcine animals kept in the restricted zone III and moved outside the restricted zone III are processed and stored in accordance with Article 43, point (d).
5. By way of derogation from the prohibition provided for in Article 9(1), when the movements referred to in paragraph 1 of this Article do not comply with the conditions laid down in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone, provided that:
(a)
prior to granting the authorisation, the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible;
(b)
the kept porcine animals are moved for the purpose of immediate slaughter under conditions provided for in Article 29(3), points (b) and (c), and in accordance with Article 28(2) and Article 29(2) of Delegated Regulation (EU) 2020/687;
(c)
the slaughterhouse of destination is designated in accordance with Article 44(1) and is located:
(i)
in another restricted zone III in the territory of the same Member State concerned, as near as possible to the establishment of dispatch;
(ii)
in restricted zones II or I in the territory of the same Member State concerned, as near as possible to the establishment of dispatch, where it is not possible to slaughter the animals in the restricted zone III;
(iii)
in areas outside restricted zones I, II and III in the territory of the same Member State, where it is not possible to slaughter the animals in the restricted zones I, II or III;
(d)
the animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40;
(e)
the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III are only moved from a slaughterhouse within the same Member State in accordance with Article 41(2), point (b)(i).
Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter
1. By way of derogation from the prohibition provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III to a slaughterhouse located within that restricted zone in the territory of the same Member State concerned, provided that:
(a)
the kept porcine animals are moved for the purpose of immediate slaughter;
(b)
the slaughterhouse of destination is:
(i)
designated in accordance with Article 44(1); and
(ii)
located within the same restricted zone III;
(c)
the animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40;
(d)
fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III are only moved from a slaughterhouse within the same Member State in accordance with Article 43, point (d).
2. The competent authority shall only grant the authorisations provided for in paragraph 1 subject to compliance with:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687;
(b)
the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (4), and Articles 16 and 17.
3. By way of derogation from the prohibition provided for in Article 9(1), when the movements of consignments of kept porcine animals referred to in paragraph 1 of this Article do not comply with the conditions provided for in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zone III to a slaughterhouse within that restricted zone, provided that:
(a)
prior to granting the authorisation the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible;
(b)
the kept porcine animals are moved for the purpose of immediate slaughter;
(c)
the slaughterhouse of destination is:
(i)
designated in accordance with Article 44(1); and
(ii)
located within the same restricted zone III as near as possible to the establishment of dispatch;
(d)
animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40;
(e)
fresh meat obtained from the porcine animals kept in a restricted zone III is marked and moved in accordance with the specific conditions for authorising movements of consignments of fresh meat obtained from kept animals of listed species from certain establishments laid down in Article 33(2) of Delegated Regulation (EU) 2020/687 to a processing establishment to undergo one of the relevant risk-mitigating treatments set out in Annex VII thereto.
SECTION 7 — Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones i, ii and iii outside those restricted zones to an animal by-products approved plant
Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones I, II or III to an animal by-products approved plant located within or outside restricted zones I, II and III situated within the same Member State concerned
1. By way of derogation from the prohibitions provided for in Article 9(1), the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in restricted zones I, II or III to an animal by-products approved plant located within or outside restricted zones I, II and III situated within the same Member State concerned in which:
(a)
the kept porcine animals are immediately killed; and
(b)
the resulting animal by-products are disposed of in accordance with Regulation (EC) No 1069/2009.
2. The competent authority of the Member State concerned shall only grant an authorisation provided for in paragraph 1 where:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2) and Article 17 are met.
SECTION 8 — Specific conditions for authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II outside that restricted zone
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone in the territory of the same Member State concerned
By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of germinal products from a registered or approved germinal product establishment located in a restricted zone II to another restricted zone II or restricted zones I or III or to areas outside restricted zones I, II and III in the territory of the same Member State provided that:
(a)
the germinal products were collected or produced, processed and stored in establishments and were obtained from kept porcine animals that comply with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (5), and Article 16;
(b)
the donor males and donor females of the porcine animals were kept at germinal product establishments where no other kept porcine animals were introduced from establishments located in restricted zones II that do not comply with the additional general conditions laid down in Articles 15 and 16 and from establishments located in restricted zones III during a period of at least 30 days prior to the date of the collection or production of the germinal products.
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone III from that restricted zone in the territory of the same Member State concerned
By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of germinal products from an approved germinal product establishment located in a restricted zone III to another restricted zone III or restricted zones I or II or to areas outside restricted zones I, II and III in the territory of the same Member State provided that:
(a)
the germinal products were collected or produced, processed and stored in establishments and were obtained from kept porcine animals that comply with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (5), and Article 16;
(b)
the donor males and donor females of the porcine animals were kept at approved germinal product establishments:
(i)
since birth or for a period of at least three months prior to the date of collection of the germinal products;
(ii)
into which no other kept porcine animals were introduced from establishments located in restricted zones II that do not comply with the additional general conditions laid down in Articles 15 and 16 and from establishments located in restricted zones III during a period of at least 30 days prior to the date of the collection or production of the germinal products;
(c)
all kept porcine animals in the approved germinal product establishment have been subjected with favourable results to a laboratory examination for African swine fever at least annually.
Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone to restricted zones II or III in another Member State
1. By way of derogation from the prohibition provided for in Article 10(1), the competent authority of the Member State concerned may authorise movements of consignments of the germinal products obtained from porcine animals kept in a restricted zone II from an approved germinal product establishment located in a restricted zone II to restricted zones II or III in the territory of another Member State concerned provided that:
(a)
the germinal products were collected or produced, processed and stored at germinal product establishments in accordance with the conditions laid down in Article 15(1), points (b) and (c), Article 15(2), and Article 16;
(b)
the donor males and donor females of the porcine animals were kept in approved germinal product establishments:
(i)
since birth or for a period of at least three months prior to the date of collection of the germinal products;
(ii)
into which no other kept porcine animals were introduced from restricted zones II and III during a period of at least 30 days prior to the date of the collection or production of the germinal products;
(c)
the consignments of germinal products 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:
(i)
required by the competent authorities of the establishment of dispatch;
(ii)
approved by the competent authority of the Member State of the establishment of destination, prior to the date of movement of the consignments of germinal products;
(d)
all kept porcine animals in the approved germinal product establishment of dispatch are subjected with favourable results to a laboratory examination for African swine fever at least annually.
2. The competent authority of the Member State concerned shall:
(a)
draw up a list of approved germinal product establishments that comply with the conditions laid down in paragraph 1 of this Article and which are authorised for movements of consignments of germinal products from a restricted zone II in that Member State concerned to restricted zones II and III in another Member State concerned; that list shall contain the information required to be kept by the competent authority of the Member State concerned on approved germinal product establishments for porcine animals as laid down in Article 7 of Delegated Regulation (EU) 2020/686;
(b)
make the list provided for in point (a) available to the public on its website and keep it up-to-date;
(c)
provide the Commission and the other Member States with the link to the website referred to in point (b).
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 restricted zones
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 restricted zones within the same Member State for the purpose of processing or disposal
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones to a plant or establishment approved by the competent authority for the purposes of processing, disposal as waste by incineration or disposal or recovery by co-incineration of animal by-products referred to in Article 24(1), points (a), (b) and (c) of Regulation (EC) No 1069/2009, located outside restricted zones II or III situated within the same Member State provided that the means of transport are individually equipped with a satellite navigation system to determine, transmit and record its real time location.
2. The transport operator responsible for the movements of consignments of animal by-products referred to in paragraph 1 shall:
(a)
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport;
(b)
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment.
3. The competent authority may decide that the satellite navigation system referred to in paragraph 1 shall be replaced by an individual sealing of the means of transport provided that:
(a)
the consignments of animal by-products obtained from porcine animals kept in restricted zones II and III are only moved within the same Member State for the purposes referred to in paragraph 1;
(b)
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of animal by-products; only an official veterinarian or enforcement authority of the Member State, as agreed with the competent authority of the Member State concerned, may break the seal and replace it with a new one, where relevant.
4. By way of derogation from Article 11(1), the competent authority of the Member State concerned may decide to authorize movements of consignments of animal by-products referred to in paragraph 1 of this Article through a temporary collection plant approved in accordance with Art 24(1), point (i), of Regulation (EC) No 1069/2009 provided that:
(a)
the competent authority of the Member State concerned assessed the risks arising from such movements and that assessment indicated that the risk of the spread of African swine fever is negligible;
(b)
the animal by-products are only moved to an approved temporary collection plant located as near as possible to the establishment of dispatch in the same Member State concerned.
Specific conditions for derogations authorising movements of consignments of manure obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of manure, including litter and used bedding, obtained from porcine animals kept in restricted zones II and III to a landfill located outside those restricted zones within the same Member State in accordance with the specific conditions laid down in Article 51 of Delegated Regulation (EU) 2020/687.
2. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of manure, including litter and used bedding, obtained from porcine animals kept in a restricted zone II for processing or disposal in accordance with Regulation (EC) No 1069/2009 in a plant approved for those purposes within the territory of the same Member State.
3. The transport operator responsible for the movements of consignments of manure, including litter and used bedding, referred to in paragraphs 1 and 2 shall:
(a)
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport;
(b)
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment.
4. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 3, point (a), shall be replaced by an individual sealing of the means of transport provided that each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of manure, including litter and used bedding, referred to in paragraphs 1 and 2.
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with that competent authority, may break that seal and replace it with a new one, where relevant.
Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones II outside those restricted zones within the same Member State for the purposes of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone to a plant or establishment approved by the competent authority for the purposes of further processing into processed feed, for the manufacturing of processed pet food and derived products intended for uses outside the feed chain, or transformation of animal by-products into biogas or compost as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009 located outside the restricted zone II situated within the same Member States provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Articles 14(2) are met;
(c)
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16;
(d)
the Category 3 materials are obtained from porcine animals kept in a restricted zone II and slaughtered either:
(i)
in a restricted zone II of:
—
the same Member State concerned; or
—
another Member State concerned in accordance with Article 25;
or
(ii)
outside a restricted zone II situated in the same Member State concerned in accordance with Article 24;
(e)
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location;
(f)
the consignments of Category 3 materials are moved from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) directly to:
(i)
a processing plant for the processing of derived products referred to in Annex X to Regulation (EU) No 142/2011;
(ii)
a pet food plant approved for the production of processed pet food referred to in Chapter II, point 3(a) and point 3(b)(i), (ii) and (iii), of Annex XIII to Regulation (EU) No 142/2011;
(iii)
a biogas or a compost plant approved for the transformation of animal by-products into compost or biogas in accordance with the standard transformation parameters referred to in Chapter III, Section 1, of Annex V to Regulation (EU) No 142/2011; or
(iv)
a processing plant for the processing of derived products referred to in Annex XIII to Regulation (EU) No 142/2011.
2. The transport operator responsible for the movements of consignments of Category 3 materials referred to in paragraph 1 shall:
(a)
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport;
(b)
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment.
3. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 1, point (e), shall be replaced by an individual sealing of the means of transport, provided that:
(a)
the Category 3 materials:
(i)
have been obtained from porcine animals kept in restricted zones II;
(ii)
are only moved within the same Member State for the purposes referred to in paragraph 1;
(b)
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of Category 3 materials referred to in paragraph 1.
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with the competent authority of that Member State, may break that seal and replace it with a new one, where relevant.
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 restricted zones for the purposes of processing and disposal in another Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products of Category 2 materials, other than manure, including litter and used bedding, referred to in Article 36 of this Regulation, obtained from porcine animals kept in restricted zones II and III to a processing plant to be processed by methods 1 to 5, as set out in Chapter III of Annex IV to Regulation (EU) No 142/2011, or to an incineration or co-incineration plant, as referred to in Article 24(1), points (a),(b) and (c), of Regulation (EC) No 1069/2009, located in another Member State, provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Articles 14(2) are met;
(c)
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location;
2. The transport operator responsible for movements of consignments of Category 2 materials referred to in paragraph 1 of this Article, other than manure, including litter and used bedding, referred to in Article 36, shall:
(a)
enable the competent authority of the Member State concerned to control, by means of a satellite navigation system, the real time movement of the means of transport; and
(b)
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment.
3. The competent authorities of the Member States of dispatch and of destination of the consignment of Category 2 materials referred to in paragraph 1 of this Article, other than manure, including litter and used bedding, referred to in Article 36 of this Regulation, shall ensure the controls of that consignment in accordance with Article 48of Regulation (EC) No 1069/2009.
Specific conditions for derogations authorising movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone for further processing or transformation in another Member State
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone to a plant or establishment approved by the competent authority for the processing of Category 3 materials into processed feed, processed pet food, derived products intended for uses outside the feed chain, or the transformation of Category 3 materials into biogas or compost as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009, located in another Member State, provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2) are met;
(c)
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16;
(d)
the Category 3 materials referred to in paragraph 1 are obtained from porcine animals kept in a restricted zone II and slaughtered either:
(i)
in a restricted zone II of:
—
the same Member State concerned; or
—
another Member State concerned in accordance with Article 25;
or
(ii)
outside a restricted zone II situated in the same Member State concerned in accordance with Article 24;
(e)
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location;
(f)
the animal by-products are moved directly from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) to:
(i)
a processing plant for the processing of derived products referred to in Annexes X and XIII to Regulation (EU) No 142/2011;
(ii)
a pet food plant approved for the production of processed pet food referred to in Chapter II, point 3(b)(i), (ii) and (iii), of Annex XIII to Regulation (EU) No 142/2011;
(iii)
a biogas or a compost plant approved for the transformation of animal by-products into compost or biogas in accordance with the standard transformation parameters referred to in Chapter III, Section 1, of Annex V to Regulation (EU) No 142/2011.
2. The transport operator responsible for movements of consignments of Category 3 materials shall:
(a)
enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport; and
(b)
keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment.
Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones III outside that restricted zone within the same Member State for the purpose of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009
1. By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone III outside that restricted zone to a plant or establishment approved by the competent authority for the manufacturing of processed pet food, derived products intended for uses outside the feed chain, or the transformation of Category 3 materials into biogas or compost, as referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009, located outside the restricted zone III situated within the same Member States provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Articles 14(2) are met;
(c)
the Category 3 materials originate from kept porcine animals and establishments that comply with the general conditions laid down in Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16;
(d)
the Category 3 materials are obtained from porcine animals kept in a restricted zone III and slaughtered in accordance with Article 29 or 30;
(e)
the means of transport is individually equipped with a satellite navigation system to determine, transmit and record its real time location;
(f)
the consignments of Category 3 materials are moved directly from the slaughterhouse or other establishments of food business operators designated in accordance with Article 44(1) to:
(i)
a processing plant for the processing of derived products referred to in Annexes X and XIII to Regulation (EU) No 142/2011;
(ii)
a pet food plant approved by the competent authority for the production of processed pet food referred to in Chapter II, point 3(a) and point 3(b)(i), (ii) and (iii), of Annex XIII to Regulation (EU) No 142/2011;
(iii)
a biogas or a compost plant approved by the competent authority for the transformation of animal by-products into compost or biogas in accordance with the standard transformation parameters referred to in Chapter III, Section 1, of Annex V to Regulation (EU) No 142/2011.
2. The transport operator responsible for the movements of consignments of Category 3 materials referred to in paragraph 1 shall:
(a)
enable the competent authority to control by means of a satellite navigation system the real time movement of the means of transport;
(b)
keep the electronic records of that movement for a period of at least two months from the date of movement of the consignment.
3. The competent authority of the Member State concerned may decide that the satellite navigation system referred to in paragraph 1, point (e), shall be replaced by an individual sealing of the means of transport provided that:
(a)
the Category 3 materials are only moved within the same Member State for the purposes referred to in paragraph 1;
(b)
each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of Category 3 materials referred to in paragraph 1.
Only an official veterinarian or enforcement authority of the Member State concerned, as agreed with the competent authority of that Member State, may break that seal and replace it with a new one, where relevant.
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 restricted zones
Specific conditions for authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned
1. By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned, provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the fresh meat and meat products, including casings, are obtained from porcine animals kept in establishments that comply with the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2) and (3), and Article 16;
(c)
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1).
2. By way of derogation from the prohibitions provided for in Article 12(1), where the conditions laid down in paragraph 1 of this Article are not met, the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned, provided that:
(a)
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1);
(b)
the fresh meat and meat products, including casings, either
(i)
in the case of fresh meat only, are marked and moved in accordance with the specific conditions for authorising movements of consignments of fresh meat obtained from kept animals of listed species from certain establishments laid down in Article 33(2) of Delegated Regulation (EU) 2020/687 to a processing establishment to undergo one of the relevant risk-mitigating treatments set out in Annex VII thereto;
or
(ii)
have been marked in accordance with Article 47; and
(iii)
are only intended for movement within the same Member State concerned.
Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone to other Member States and to third countries
By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone to other Member States and to third countries, provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2) are met;
(c)
the fresh meat and meat products, including casings, have been obtained from porcine animals kept in establishments that comply with the general conditions laid down in:
(i)
Article 15(1), points (b) and (c), Article 15(2) and (3); and
(ii)
Article 15(1), point (a), except when the kept porcine animals are moved to establishments in accordance with Article 24; and
(iii)
Article 16;
(d)
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1).
Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a 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
By way of derogation from the prohibitions provided for in Article 12(1), the competent authority of the Member State concerned may authorise movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a 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, provided that:
(a)
the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;
(b)
the additional general conditions laid down in Article 14(2) are met;
(c)
the fresh meat and meat products, including casings, have been obtained from porcine animals:
(i)
kept in establishments that comply with the general conditions laid down in:
—
Article 15(1), points (b) and (c) and Article 15(2); and
—
Article 15(1), point (a), except when the kept porcine animals are moved to establishments in accordance with Article 29; and
—
Article 16;
(ii)
slaughtered either:
—
within the same restricted zone III; or
—
outside the same restricted zone III, after the authorised movement in accordance with Article 29;
(d)
the fresh meat and meat products, including casings, have been produced in establishments designated in accordance with Article 44(1); and either
(i)
in the case of fresh meat only, are marked and moved in accordance with the specific conditions for authorising movements of consignments of fresh meat obtained from kept animals of listed species from certain establishments laid down in Article 33(2) of Delegated Regulation (EU) 2020/687 to a processing establishment to undergo one of the relevant risk-mitigating treatments set out in Annex VII thereto;
or
(ii)
have been marked in accordance with Article 47; and
(iii)
are only intended for movement within the same Member State concerned.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
