ShapeShapeauthorShapechevroncrossShapeShapeShapeGrouphamburgerhomeGroupmagnifyShapeShapeShaperssShape

EU Law in relation to Classical Swine Fever.

by 5m Editor
16 August 2000, at 12:00a.m.

The full text of EU law as it relates to control measures for Swine Fever. Basic compensation information also provided

Compensation - excerpt from MAFF Q & A session

Q. Would farmers be compensated if MAFF requires their pigs to be slaughtered?
A. Yes. Following the recommendation of an independent valuer, compensation would be paid at full market value, for animals clinically normal at the time of valuation, and at fifty per cent of value for clinically diseased animals. No compensation would be paid for animals that died before they could be slaughtered.

Q. How do farmers claim compensation?
A. The Divisional Veterinary Manager will handle claims.

Q. How soon will compensation be paid?
A. If the claim is valid, compensation will be paid as soon as possible. MAFF aims to meet compensation claims within 30 days.

COUNCIL DIRECTIVE: Community measures for the control of classical swine fever

Article 1

This Directive introduces Community measures for the control of classical swine fever.

Article 2

For the purposes of this Directive the following definitions shall apply:

(a) "holding" means any establishment (agricultural or other), situated in the territory of a Member State, in which animals of the porcine species are kept or bred;

(b) "breeding pig" means a porcine animal intended or used for reproduction with a view to multiplication of the species;

(c) "fattening pig" means a porcine animal fattened and intended for slaughter at the end of the fattening period with a view to meat production;

(d) "slaughter pig" means a porcine animal which is intended for slaughter without undue delay in a slaughterhouse;

(e) "pig suspected of being infected with swine fever" means any pig exhibiting clinical symptoms or showing post-mortem lesions or reactions to laboratory tests carried out according to Article 11, indicating the possible presence of swine fever;

(f) "pig infected with swine fever" means any pig: - in which clinical symptoms or post-mortem lesions of swine fever have been officially confirmed, or in which the presence of this disease has been officially confirmed as the result of a laboratory examination carried out in accordance with Article 11;

(g) "official veterinarian" means the veterinarian designated by the competent central authority of the Member State;

(h) "swill" means waste from kitchens, restaurants or, as the case may be, from industries using meat.

Article 3

Member States shall ensure that the presence and suspected presence of swine fever are compulsorily and immediately notifiable to the competent authority.

Article 4

1. Where a holding contains one or more pigs suspected of being infected with swine fever, Member States shall ensure that the official veterinarian immediately sets in motion official means of investigation to confirm or rule out the presence of the said disease.

From the moment when the suspected presence is notified, the competent authority shall have the holding placed under official surveillance and shall in particular order that:

  • all the pigs in the various categories on the holding must be counted and a list compiled of the number of pigs already dead or likely to be infected in each category ; the list must be updated to take account of pig births and deaths during the period of suspicion ; the information on the list must be produced upon request and may be checked at each visit,
  • all the pigs on the holding must be restricted to their living quarters or be confined in some other place where they can be isolated,
  • no pigs may enter or leave the holding.

The competent authority may, if necessary:

(i) extend the ban on leaving the holding to cover other species of animals,

(ii) if the disease has not been confirmed within 15 days, authorize the departure of animals intended for slaughter without delay under official supervision, provided that the meat from such animals is not permitted to enter intra-Community trade as fresh meat,

  • no pigmeat may leave the holding without an authorization issued by the competent authority,
  • no pig carcases may leave the holding without an authorization issued by the competent authority,
  • no animal feed, utensils, materials or waste likely to transmit the epizootic disease may leave the holding without an authorization issued by the competent authority,
  • the movement of persons to or from the holding must be subject to authorization by the competent authority,
  • the movement of vehicles to or from the holding must be subject to authorization by the competent authority,
  • appropriate means of disinfection must be used at the entrances and exits of buildings housing pigs and of the holding itself,
  • an epizootiological enquiry must be carried out in accordance with Articles 7 and 8.

2. The measures provided for in paragraph 1 shall not be lifted until the suspicion of swine fever has been officially ruled out.

Article 5

1. In cases where the presence of swine fever is officially confirmed, Member States shall ensure that, in addition to the measures listed in Article 4 (1), the competent authority prescribes that:

  • all pigs on the holding must be slaughtered without delay under official supervision and in such a way as to avoid the risk of the swine fever virus spreading during transport or slaughter,
  • after slaughter of the pigs mentioned above, all carcases must be destroyed under official supervision in such a way that there is no risk of the swine fever virus spreading,
  • meat of pigs slaughtered during the period between the probable introduction of disease to the holding and the taking of official measures must wherever possible be traced and destroyed under official supervision in such a way as to avoid the risk of the swine fever virus spreading,
  • the carcases of pigs which have died on the holding must be destroyed under official supervision in such a way as to avoid the risk of the swine fever virus spreading,
  • all substances and waste likely to be contaminated, such as feedingstuffs, must be subjected to a treatment ensuring the destruction of any swine fever virus present; this treatment must be carried out in accordance with the instructions of the official veterinarian,
  • after the pigs have been eliminated, the buildings used for housing the pigs, the vehicles used for transporting them and all equipment likely to be contaminated must be cleaned and disinfected in accordance with Article 10,
  • the reintroduction of pigs to the holding may not take place until at least 15 days after completion of the cleaning and disinfection operations carried out in accordance with Article 10,
  • an epizootiological enquiry shall be carried out in accordance with Articles 7 and 8.

2. In the case of pigs which are not infected or suspected of being infected, and notwithstanding the first and second indents of paragraph 1, Member States may authorize transport of such pigs under permanent veterinary supervision from the holding in question directly to specialized establishments on condition that:

  • the pigs are slaughtered without delay,
  • the meat from such animals undergoes heat-treatment to ensure that the swine fever virus is destroyed, and that every precaution is taken to prevent recontamination of the products thus obtained, always provided that these products are not permitted to enter intra-Community trade.

Article 6

1. In the case of holdings which consist of two or more separate production units and in order that fattening of pigs may be completed, the competent authority may derogate from the first and second indents of Article 5 as regards healthy pig production units on a holding which is infected provided that the official veterinarian has confirmed that the structure and size of these production units and the operations carried out there are such that the production units provide completely separate facilities for housing, keeping and feeding, so that the virus cannot spread from one production unit to another.

2. If use is made of the derogation in paragraph 1, the Member States shall draw up detailed rules for applying it in the light of the animal health guarantees which can be given. Member States which make use of paragraph 1 shall notify the Commission thereof.

3. A decision may be taken, in accordance with the procedure laid down in Article 16, that these measures are to be modified in order to ensure that they coordinate with those adopted by the Member States.

Article 7

The epizootiological enquiry shall deal with:

  • the length of time during which swine fever may have existed on the holding before the disease was notified,
  • the possible origin of the swine fever on the holding and the identification of other holdings on which there are pigs which may have become infected from the same source,
  • the movement of persons, vehicles, pigs, carcases, meat or material likely to have transported the virus to and from the holdings.

Article 8

1. (a) Where the official veterinarian finds, or considers on the basis or confirmed data, that swine fever could have been introduced from other holdings on to the holding referred to in Article 4, or from the latter holding on to other holdings, as a result of the movement of persons, pigs or vehicles or in any other way, those other holdings shall be placed under official surveillance in accordance with paragraph (c), and this surveillance shall not be lifted until the suspected presence of swine fever on the holding referred to in Article 4 has been officially ruled out.

(b) Where the official veterinarian finds, or considers on the basis of confirmed data, that swine fever could have been introduced on to the holding referred to in Article 5 from other holdings as a result of the movement of persons, pigs or vehicles or in any other way, those other holdings shall be placed under official surveillance in accordance with paragraph (c).

Where the official veterinarian finds, or considers on the basis of confirmed data, that swine fever could have been introduced from the holding referred to in Article 5 on to other holdings as a result of the movement of persons, pigs or vehicles or in any other way, those other holdings shall become subject to the provisions of Article 4.

(c) The purpose of the official surveillance shall be to detect immediately any suspicion of swine fever, count the pigs and monitor their movements and, where appropriate, implement some or all of the measures provided for in Article 4 (1).

2. When a holding has been subject to the provisions of paragraph 1 (a) and the first subparagraph of paragraph 1 (b), the competent authority may authorize removal from the holding of pigs other than those on account of which the said measures were imposed, for transport directly to a slaughterhouse under official supervision for the purpose of immediate slaughter. Prior to granting such authorization, the official veterinarian must have carried out an examination of the pig herd and confirmed that none of the pigs is suspected of being infected with swine fever.

3. The competent authority may, where it considers that conditions permit, limit the measures provided for in paragraph 1 (a) and the first subparagraph of paragraph 1 (b) to a part of the holding and the pigs contained therein, provided that the pig units there have been housed, kept and fed completely separately.

Article 9

1. Immediately after the diagnosis of classical swine fever has been officially confirmed in pigs on a holding, the competent authority shall establish a protection zone with a radius of at least three kilometres around the outbreak site, which shall itself be included in a surveillance zone of a radius of at least 10 kilometres.

2. When establishing zones, the competent authority must take account of:
(a) the results of the epidemiological studies carried out in accordance with Article 7;

(b) the available serological evidence;

(c) the geographical situation, particularly natural boundaries;

(d) the location and proximity of holdings;

(e) patterns of trade in breeding and slaughter pigs and the availability of slaughterhouses;

(f) the facilities for checking and the nature of the checks employed, whether or not slaughter is carried out on the infected premises.

3. If a zone includes parts of the territory of several Member States, the competent authorities of the Member States concerned shall collaborate to establish the zone.

4. The following measures shall be applied in the protection zone:

(a) a census of all the holdings shall be made as soon as possible; after the establishment of the protection zone these holdings shall be visited by an official veterinarian within not more than seven days;

(b) the movement and transport of pigs on public or private roads shall be prohibited. This prohibition shall not apply to the transit of pigs by road or rail without unloading or stopping. However, in accordance with the procedure may be granted for slaughter pigs coming from outside the protection zone and on their way to a slaughterhouse situated in the said zone;

(c) trucks and other vehicles and equipment, which are used to transport pigs or other livestock or material which may be contaminated (e.g. feedingstuff, manure, slurry, etc.) and which are used within the protection zone, shall not leave:
(i) a holding situated within the protection zone,
(ii) the protection zone,
(iii) a slaughterhouse, without having been cleaned and disinfected in accordance with the procedures laid down by the com petent authority. Those procedures shall provide in particular that no truck or vehicle which has been used in the transport of pigs may leave the zone without being inspected by the competent authority;

(d) no other species of animal may enter or leave a holding without the authorization of the competent authority;

(e) all dead or diseased pigs on a holding shall be notified to the competent authority, which shall carry out any investigations necessary to establish the presence of classical swine fever;

(f) pigs may not be removed from a holding in which they are kept for 21 days after the completion of the preliminary cleaning and disinfection of the infected holdings as provided for in Article 10; after 21 days, authorization may be given to remove pigs from the said holding:
(i) directly to a slaughterhouse designated by the competent authority, preferably within the protection or surveillance zone, provided that:
  • an inspection of all the pigs on the holding has been carried out,
  • a clinical examination of the pigs to be moved for slaughter, including the taking of the body temperature of a proportion thereof, has been carried out,
  • each pig has been marked by ear marking,
  • the pigs are transported in vehicles sealed by the competent authority. The competent authority responsible for the slaughterhouse shall be informed of the intention to send pigs to it. On arrival at the slaughterhouse these pigs shall be kept and slaughtered separately from other pigs. The vehicle and equipment which have been involved in the transport of the pigs shall immediately be cleaned and disinfected. During ante and post-mortem inspection carried out at the designated slaughterhouse, the competent authority shall take into account any signs relating to the presence of the classical swine fever virus,

(ii) under exceptional circumstances, directly to other premises located within the protection zone provided that:
  • an inspection of all the pigson the holdings has been carried out,
  • a clinical examination of the pigs to be moved, including the taking of the body temperature of a proportion thereof, has been carried out,
  • each pig has been marked by ear marking; (g) fresh meat from the pigs referred to in paragraph 4
(f) shall be marked in accordance with the Annex to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat, and subsequently treated in accordance with the rules laid down in Article 4 (1) of Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products. This must be done at an establishment designated by the competent authority. The meat shall be sent to the said establishment on condition that the consignment is sealed before departure and remains sealed throughout the transport. However, at the request of a Member State, accompanied by appropriate justification and in accordance with the procedure laid down in Article 16, specific solutions may be adopted, in particular with respect to the marking of meat and its subsequent use, and the destination of the processed products.

5. The measures in the protection zone shall continue to be applied at least until: (a) all measures laid down in Article 10 have been carried out; (b) pigs on all holdings have under-gone: (i) a clinical examination which has revealed that they have no signs of disease suggesting classical swine fever, and (ii) a serological examination in accordance with Annexes I and IV without the detection of anti-bodies to the classical swine fever virus. The examination referred to in (i) and (ii) shall not take place before 30 days have elapsed after the completion of preliminary cleaning and disinfection measures on the infected holding.

6. The following measures shall be applied in the surveillance zone:

(a) a census shall be taken of all pig holdings;

(b) the movement and transport of pigs on public or private roads, excluding the service roads of holdings, shall be prohibited, unless approved by the competent authority. This prohibition shall not apply to the transit of pigs by road or rail, without unloading or stopping;

(c) trucks and other vehicles and equipment which are used to transport pigs or other livestock or material which may be contaminated (e.g. feedingstuff, manure, slurry, etc.) and which are used within the surveillance zone, shall not leave the zone without having been cleaned or disinfected in accordance with the procedures laid down by the competent authority;

(d) no other species of animal may enter or leave a holding during the first seven days after establishment of the zone without the authorization of the competent authority;

(e) all dead or diseased pigs on a holding shall be reported to the competent authority, which shall carry out any investigations necessary to establish the presence of classical swine fever;

(f) pigs may not be removed from a holding on which they are kept for seven days after the completion of the preliminary cleaning and disinfection of the infected holding provided for in Article 10; after seven days authorization may be given to remove pigs from the said holding:
(i) directly to a slaughterhouse, designated by the competent authority, preferably within the protection or surveillance zone, provided that:
  • an inspection of all the pigs on the holding has been carried out,
  • a clinical examination of the pigs to be moved for slaughter, including the taking of the body temperature of a proportion thereof, has been carried out,
  • each pig has been marked by ear marking,
  • the pigs are transported in vehicles which are sealed by the competent authority. The competent authority responsible for the slaughterhouse shall be informed of the intention to send pigs to it. On arrival at the slaughterhouse these pigs shall be kept and slaughtered separately from other pigs. During ante and post-mortem inspection carried out at the designated slaughterhouse, the competent authority shall take into account any signs relating to the presence of the classical swine fever virus;
(ii) under exceptional circumstances, directly to other premises located within the protection zone, provided that:
  • an inspection of all the pigs on the holding has been carried out,
  • a clinical examination of the pigs to be moved, including the taking of the body temperature of a proportion thereof, has been carried out,
  • each pig has been marked by ear marking. Trucks and other vehicles and equipment used for the transport of these pigs must be cleaned and disinfected after each transport operation; (g) fresh meat derived from the pigs referred to in paragraph 6
(f) shall be marked as described in the Annex to Directive 72/461/EEC and subsequently treated in accordance with the rules laid down in Article 4 (1) of Directive 80/215/EEC. This shall be done at an establishment designated by the competent authority. The meat shall be sent to the said establishment on condition that the consignment is sealed before departure and remains sealed throughout the transport.

However, at the request of a Member State, accompanied by appropriate justification and in accordance with the procedure laid down in Article 16, specific solutions may be adopted, in particular with respect to the marking of meat and its subsequent use, and the destination of the processed products.

7. The measures in the surveillance zone shall continue to be applied at least until:

(a) all measures laid down in Article 10 have been carried out;

(b) the pigs on all holdings have undergone a clinical examination and have been found to have no signs of disease suggesting classical swine ;

(c) a serological examination has been carried out by representative sampling of the holdings, to be determined in accordance with the procedure laid down in Article 16 and such sampling has failed to reveal any antibodies to the classical swine virus. The examinations referred to in (b) and (c) may not take place before 15 days have elapsed after completion of preliminary cleaning and disinfection measures on the infected holding.

8. By derogation from paragraphs 4 (f) and 6 (f), the competent authority may authorize that pigs be moved from the holding to be transported to a rendering plant for rendering or to a place where the pigs are slaughtered in order to be burned or buried. These animals shall be tested at random for the presence of the classical swine fever virus. The criteria laid down in Annex IV with regard to the collection of blood samples shall be taken into account during such random testing. All necessary precautions shall be taken to avoid the risk of spreading the virus during such transport, in particular by cleaning and disinfecting the truck after the transport.

9. Where the prohibitions provided for in paragraphs 4 (f) and 6 (f) are maintained beyond 30 days because of an outbreak of further cases of the disease and as a result problems arise in keeping the pigs, the competent authority may, following a reasoned application by the owner, authorize removal of pigs from a holding within the protection or surveillance zone, as the case may be, provided that:

(a) the official veterinarian has verified the facts;

(b) an inspection of all pigs on the holding has been carried out;

(c) a clinical examination of the pigs to be moved, including the taking of the body temperature of a proportion thereof, has been carried out;

(d) each pig has been marked by ear marking;

(e) the holding of destination is located in the protection zone or within the surveillance zone. All necessary precautions shall be taken to avoid the risk of spreading the virus during such transport, in particular by cleaning and disinfecting the truck after the transport.

10. The competent authority shall take all necessary measures, including the use of prominent signs and warning notices and use of media resources, such as the press and television, to ensure that all persons in the protection and surveillance zones are fully aware of the restrictions in force, and shall take such measures as they consider appropriate to ensure the adequate enforcement of these measures.

Article 10.

Member States shall ensure that:

(a) the disinfectants to be used and their concentrations are officially approved by the competent authority;

(b) the cleaning and disinfection operations are carried out under official supervision in accordance with:
(i) the instructions given by the official veterinarian; and
(ii) the procedure for cleaning and disinfecting an infected holding as laid down in Annex V.

Article 10a Should classical swine fever be confirmed in a slaughterhouse, the competent authority shall ensure that:

(a) all pigs in the slaughterhouse are slaughtered without delay;

(b) the carcases and offal of infected and contaminated pigs are destroyed under official supervision in such a way as to avoid the risk of classical swine virus spreading;

(c) cleaning and disinfection of buildings and equipment, including vehicles, take place under the supervision of the official veterinarian in accordance with instructions laid down by the competent authority;

(d) an epidemiological enquiry is carried out in accordance with Article 7;

(e) no pigs are reintroduced for slaughter until at least 24 hours after completion of the cleaning and disinfection operations carried out in accordance with (c).