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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
