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Commission Implementing Regulation (EU) 2023/594 CHAPTER V — SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO WILD PORCINE ANIMALS IN THE MEMBER STATES

Article 48–Article 56 · 9 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Specific prohibitions on movements of consignments of wild porcine animals by operators

Article 48

The competent authorities of the Member States shall prohibit movements of consignments wild porcine animals by operators as provided for in Article 101 of Delegated Regulation (EU) 2020/688: (a) within the whole territory of the Member State; (b) from the whole territory of the Member State to: (i) other Member States; and (ii) third countries.

Specific prohibitions on movements within restricted zones I, II and III and from those restricted zones of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 49

1.   The competent authorities of the Member States concerned shall prohibit movements within and from restricted zones I, II and III of consignments of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption. 2.   The competent authorities of the Member States concerned shall prohibit movements within and from restricted zones I, II and III of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption: (a) for private domestic use; (b) by hunters for the supply of small quantities of wild porcine game or wild game meat of porcine origin directly to the final consumer or to local retail establishments directly supplying the final consumer, as provided for in Article 1(3), point (e), of Regulation (EC) No 853/2004.

General prohibitions on movements of consignments of products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, considered as a risk for the spread of African swine fever

Article 50

The competent authority of the Member State concerned may prohibit within the territory of the same Member State the movements of consignments of fresh meat, meat products and any other products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, if the competent authority considers that there is a risk for the spread of African swine fever to, from or through those wild porcine animals or products thereof.

Specific conditions for derogations authorising movements within restricted zones I, II and III and from those restricted zones of consignments of meat products obtained from wild porcine animals

Article 51

1.   By way of derogation from the prohibition provided for in Article 49(1), the competent authority of the Member State concerned may authorise movements within and from restricted zones I, II or III of consignments of meat products obtained from wild porcine animals from establishments located in restricted zones I, II or III to: (a) other restricted zones I, II or III situated in the same Member State concerned; (b) areas outside restricted zones I, II and III of the same Member State concerned; and (c) other Member States and to third countries. 2.   The competent authority of the Member State concerned shall only authorise movements of consignments of meat products obtained from wild porcine animals from establishments located in a restricted zone I, II or III referred to in paragraph 1 subject to compliance with the following conditions: (a) pathogen identification tests for African swine fever have been carried out for each wild porcine animal used for the production and processing of the meat products in the restricted zones I, II and III; (b) the competent authority obtained negative results of the pathogen identification tests for African swine fever referred to in point (a) before the treatment referred to in point (c)(ii); (c) the meat products from wild porcine animals: (i) were produced, processed and stored in establishments designated in accordance with Article 44(1); and (ii) have undergone the relevant risk-mitigating treatment for products of animal origin from restricted zones in accordance with Annex VII to Delegated Regulation (EU) 2020/687, as regards African swine fever.

Specific conditions for derogations authorising movements within restricted zones I, II and III and from restricted zone I of fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 52

1.   By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements within a restricted zone I and from that restricted zone of consignments of the fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, to other restricted zones I, II and III or to areas outside restricted zones I, II and III of the same Member State, provided that: (a) pathogen identification tests for African swine fever have been carried out for every wild porcine animal before the movement of consignment of the fresh meat, meat products and any other products of animal origin from that wild porcine animal; (b) the competent authority of the Member State concerned obtained negative results for the pathogen identification tests for African swine fever referred to in point (a) before the movement of the consignment; (c) the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are moved within or outside restricted zone I within the same Member State: (i) for private domestic use; or (ii) by hunters for the supply of small quantities of wild porcine game or wild game meat of porcine origin directly to the final consumer or to local retail establishments directly supplying the final consumer, as provided for in Article 1(3), point (e), of Regulation (EC) No 853/2004; or (iii) from the establishment designated in accordance with Article 44(1) where the fresh meat and meat products have been marked either: — with a special health or identification mark in accordance with Article 47(1), point (c); or — in accordance with Article 33(2) of Delegated Regulation (EU) 2020/687 and are moved to a processing establishment to undergo one of the relevant risk-mitigating treatments set out in Annex VII thereto. 2.   By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements of consignments of the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, within restricted zones II and III of the same Member State, provided that: (a) pathogen identification tests for African swine fever have been carried out for every wild porcine animal before the movement of the consignment of the fresh meat, meat products and any other products of animal origin from that wild porcine or body of that wild porcine animal, which is intended for human consumption; (b) the competent authority of the Member State concerned obtained negative results for the pathogen identification tests for African swine fever referred to in point (a) before the movement of the consignment; (c) the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are moved within restricted zones II and III within the same Member State either for: (i) private domestic use; or (ii) in accordance with the specific conditions laid down in Article 33(2) of Delegated Regulation (EU) 2020/687 are moved to a processing establishment to undergo one of the relevant risk-mitigating treatments for products of animal origin set out in Annex VII thereto. 3.   The competent authority of the Member State concerned may decide that pathogen identification tests referred to in paragraph 1, point a, and paragraph 2, point a, shall not be required in restricted zone I, II or III provided that: (a) the competent authority of the Member State concerned assessed, on the basis of appropriate and continuous surveillance, the specific epidemiological situation of African swine fever and the related risks in the particular restricted zone or in the part of it that restricted zone and that assessment indicated that the risk of the spread of African swine fever is negligible; (b) the assessment referred to in point (a) is reviewed on a regular basis: (i) taking account of any development of the specific epidemiological situation of African swine fever in the particular restricted zone; and (ii) the risk of the spread of African swine fever is considered negligible by the competent authority of the Member State concerned; (c) the consignment of the fresh meat, meat products and any other products of animal origin from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, are only moved: (i) within restricted zones I, II and III of the same Member State concerned as near as possible to the place where the wild porcine animal was hunted; and (ii) for private domestic use.

Operators’ obligations with regard to animal health certificates for consignments of fresh meat, meat products and any other products of animal origin, obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, for movements from restricted zones I, II and III

Article 53

Operators shall only move consignments of fresh meat, meat products, and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, from restricted zones I, II and III: (a) in the cases covered by Articles 51 and 52; and (b) if those consignments are accompanied by an animal health certificate as provided for in Article 167(1) of Delegated Regulation (EU) 2016/429 that contains: (i) the information required in accordance with Article 168(1) of Regulation (EU) 2016/429 and the information set out in the Annex to Delegated Regulation (EU) 2020/2154; and (ii) at least one of the following attestations of compliance with the requirements laid down in this Regulation: — ‘Fresh meat and meat products, and any other products of animal origin, from restricted zone I obtained from wild porcine animals in compliance with the special disease control measures relating to African swine fever laid down in Commission Implementing Regulation (EU) 2023/594’; — ‘Bodies of wild porcine animals, which are intended for human consumption, from 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’; — ‘Meat products, which have undergone the relevant risk-mitigating treatment, from restricted zones I, II and III obtained from wild porcine animals 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 167(1), first subparagraph, of Regulation (EU) 2016/429.

Specific conditions for authorising movements within restricted zones I, II and III and outside those restricted zones of consignments of animal by-products and derived products from wild porcine animals

Article 54

1.   By way of derogation from the prohibitions provided for in Article 49(1) and (2), the competent authority of the Member State concerned may authorise movements within restricted zones I, II and III and outside those restricted zones of consignments of derived products obtained from wild porcine animals to other restricted zones I, II and III or to areas outside restricted zones I, II and III of the same Member State and to other Member States provided that they have been subjected to a risk-mitigating treatment which ensures that the derived products pose no risks for the spread of African swine fever. 2.   By way of derogation from the prohibitions provided for in Article 49(1), the competent authority of the Member State concerned may authorise movements within restricted zones I, II and III and outside those restricted zones of consignments of animal by-products from wild porcine animals to other restricted zones I, II and III and to areas outside restricted zones I, II and III of the same Member State provided that: (a) the animal by-products are collected, transported and disposed of in accordance with Regulation (EC) No 1069/2009; (b) for the movements outside restricted zones I, II and III, the means of transport are individually equipped with a satellite navigation system to determine, transmit and record its real time location; the transport operator shall enable the competent authority to control the real time movement of the means of transport and keep the electronic records of the movement for a period of at least two months from the time of the movement of the consignment.

Operators’ obligations with regard to animal health certificates for movements of consignments of animal by-products from wild porcine animals outside restricted zones I, II and III in the territory of the same Member State concerned

Article 55

Operators shall only move consignments of animal by-products from wild porcine animals outside restricted zones I, II and III within the same Member State concerned in the case referred to in Article 54(2), if those consignments are accompanied by: (a) a 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; However, the competent authority of the Member State concerned may decide that an animal health certificate shall not be issued as referred to in Article 22(6) of Delegated Regulation (EU) 2020/687.

National action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union

Article 56

1.   All Member States shall establish national action plans covering populations of wild porcine animals on their territory in order to avoid the spread of African swine fever in the Union (national action plans) within a period of six months from the date of publication of this Regulation in the Official Journal of the European Union , in order to ensure: (a) a high level of disease awareness and preparedness with regard to the risks associated with the spread of African swine fever through wild porcine animals; (b) the prevention, containment, control and eradication of African swine fever; (c) coordinated actions covering wild porcine animals to take account of the risks posed by those animals with regard to the spread of African swine fever. 2.   The national action plans shall be established in accordance with the minimum requirements laid down in Annex IV. 3.   A Member State may decide not to draw up a national action plan if appropriate and continuous surveillance has demonstrated no evidence of the permanent presence of wild porcine animals in that Member State. 4.   The measures taken by the Member States in the framework of national action plans shall be compatible, where relevant, with Union environmental rules, including nature protection requirements, laid down in Directives 2009/147/EC and 92/43/EEC. 5.   The Member States shall present their national action plans and the annual results of their implementation to the Commission and to the other Member States.

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