Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market^f1, and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market^f2, and in particular Article 10(4) thereof,

Whereas:

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever^f3 introduces minimum Community measures for the control of that disease. It lays down the measures to be taken in the event of an outbreak of classical swine fever. Those measures include the provision that Member States are to submit to the Commission, following the confirmation of a primary case of classical swine fever in feral pigs, a plan of the measures to eradicate that disease. That Directive also provides for the emergency vaccination of pigs in pig holdings and of feral pigs.

In 2006, Romania notified the Commission of frequent outbreaks of classical swine fever in pig holdings in its territory. Classical swine fever has also occurred in feral pigs and is still present.

Romania has taken measures to combat classical swine fever in accordance with the provisions of Directive 2001/89/EC, in response to those outbreaks.

Romania has also submitted to the Commission for approval plans for the eradication of classical swine fever and plans for the emergency vaccination against that disease of pigs in pig holdings and of feral pigs.

In view of trade in live pigs, porcine semen, ova and embryos of swine, and fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs, the disease situation in Romania is still liable to present an animal health risk for pig holdings in the Community.

With regard to the Accession of Romania and in the light of the current epidemiological situation, it is appropriate to apply Community measures from the date of Accession to the whole territory of Romania as regards the dispatch of live pigs, of porcine semen, ova and embryos of swine, and of fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs to other Member States for a transitional period of nine months.

It is appropriate in order to prevent the spread of classical swine fever to other areas of the Community, to provide in this Decision for a prohibition on the dispatch of fresh meat of pigs, and meat preparations and meat products consisting of, or containing meat of pigs from Romania. Such pigmeat and pigmeat products and preparations should be marked with special marks which cannot be confused with the health marks for pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption^f4 and the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin^f5. However, it is appropriate that such pigmeat preparations and meat products consisting of, or containing meat of pigs may be dispatched to other Member States if they are treated in such a way that any classical swine fever virus present is destroyed.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: