
Article 1 
Decision 2006/346/EC is amended as follows:

1.. Article 1 is replaced by the following:
'
Article 1 
Germany shall ensure that no pigs are dispatched to other Member States and to third countries from:

((a)) the areas listed in Annex I;
((b)) holdings on its territory located outside the areas listed in Annex I that have received pigs since 15 January 2006 from a holding located in North Rhine-Westphalia.'
2.. The following Article 3a is inserted:
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Article 3a 

1. By way of derogation from the fourth indent of Article 10(3)(f) of Directive 2001/89/EC, Germany is authorised, for pigmeat obtained from pigs in accordance with paragraph 2 of this Article:
(a) to apply the health marking laid down in Article 5(1) of Regulation (EC) No 854/2004;
(b) not to submit the fresh meat to a subsequent treatment in accordance with the rules laid down in Article 4(1) of Directive 2002/99/EC.
2. Without prejudice to the measures provided for in Directive 2001/89/EC and in particular Article 11(1)(f) and Article 11(2) of that Directive, where Germany applies the derogation provided for in paragraph 1 of this Article, the pigmeat shall be obtained from pigs which have been slaughtered within 12 hours of arrival at the slaughterhouse and which originate from:
(a) a surveillance zone established in the areas listed in Annex I(A) to this Decision, in accordance with Article 9(1) of Directive 2001/89/EC and around a protection zone where:
((i)) no outbreak of classical swine fever has been detected during a period of 21 days prior to the movement of the pigs to the slaughterhouse and where at least 21 days have elapsed following the completion of the preliminary cleaning and disinfection of the infected holdings;
((ii)) clinical examinations for classical swine fever have been carried out in all holdings in those protection and surveillance zones following the detection of classical swine fever, with negative results;
(b) a holding:
((i)) which has been authorised by the competent authority to remove pigs to a designated slaughterhouse;
((ii)) which has had no contact with an infected holding, following the epidemiological inquiry;
((iii)) which has been subject to regular inspections by a veterinarian following the establishment of the surveillance zone and that inspection has included all pigs kept on the holding;
((iv)) where all pigs have been submitted to clinical and laboratory examinations in accordance with paragraphs 1, 3, 4 and 5 of Chapter IV(D) of the Annex to Decision 2002/106/EC.
3. Germany shall ensure that the slaughterhouse designated in application of paragraphs 1 and 2:
(a) is located within the areas listed in Annex I(A);
(b) does not on the same day, accept pigs for slaughter, other than the pigs referred to in paragraphs 1 and 2.
4. Germany shall ensure that the vehicles used for the transport of the pigs referred to in paragraph 2 are cleaned and disinfected twice after each transport.'
3.. The following Article 4a is inserted:
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Article 4a 

1. Germany shall ensure that for pigmeat referred to in Article 3a of this Decision:
(a) a certificate is issued in accordance with the Annex to Commission Regulation (EC) No 599/2004 and completed by the official veterinarian with the animal health attestation as set out in Annex III to this Decision;
(b) it must be accompanied by the certificate referred to in paragraph (a).
2. Germany shall ensure that the Commission and the Member States are provided with the following information concerning the pigs referred to in Article 3a:
(a) before the slaughtering of the pigs, the name and location of the slaughterhouses designated to receive the pigs for slaughter;
(b) after the slaughtering of the pigs, on a weekly basis, a report which contains information on:
((i)) the number of the pigs slaughtered at the designated slaughterhouses;
((ii)) the identification system and movement controls applied to slaughter the pigs, as required in accordance with Article 11(1)(f) of Directive 2001/89/EC.'
4.. Article 5 is replaced by the following:
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Article 5 

1. Germany shall ensure that:
(a) in the areas listed in Annex I(A), at least the services provided by persons in direct contact with pigs or requiring entrance to the housing areas for pigs and the use of vehicles for transport of pigs and vehicles for transport of feed, manure or dead animals to and from pig holdings, are limited to those areas and are not shared with other parts of the Community;
(b) if the areas listed in Annex I(A) are divided in defined risk-based zones the provisions of paragraph (a) are limited to these zones;
(c) the persons and vehicles referred to in point (a) may provide services outside the areas listed in Annex I(A) or the risk-based zones following the thorough cleansing and disinfection of the vehicles, equipment and any other fomite and a minimum absence of any contact with pigs or pig holdings of at least three days; contact in connection with transport carried out pursuant to Article 2(2)(a) are deemed to have taken place within that defined zone or those defined zones;
(d) without prejudice to the measures taken in the framework of Directive 2001/89/EC, as soon as possible pig holdings situated in the protection zone of a confirmed outbreak in the municipality of Borken in North Rhine-Westphalia are preventively emptied from all pigs;
(e) in the areas listed in Annex I(A) surveillance measures are carried out in accordance with the principles set out in Annex II;
(f) the measures in case of suspicion of the presence of classical swine fever in pigs on a holding are applied as necessary, in accordance with Article 4(3)(a) of Directive 2001/89/EC;
(g) an appropriate information campaign is addressed to pig farmers.
2. The measures referred to in paragraph 1(d) of this Article shall be taken without prejudice to Decision 90/424/EEC.'
5.. The following Article 5a is inserted:
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Article 5a 
Without prejudice to the measures provided for in Directive 2001/89/EC and in particular Articles 10(4) and 11(3) thereof, Germany shall ensure that in the areas listed in Annex I(A):

((a)) the measures in the protection and surveillance zones continue to apply until at least 40 days have elapsed following the completion of preliminary cleaning and disinfection measures on the infected holdings;
((b)) pigs on all holdings in the surveillance zones have, in addition to the examinations referred to in Article 11(3)(b) of Directive 2001/89/EC and before the measures provided for in Directive 2001/89/EC are withdrawn in the surveillance zone, undergone clinical and laboratory examinations carried out in accordance with Chapter IV(F) of the Annex to Decision 2002/106/EC; those examinations must not take place before 30 days have elapsed following the completion of preliminary cleaning and disinfection measures on the infected holdings.'
6.. Article 6 is replaced by the following:
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Article 6 
Member States, other than Germany, shall ensure that:

((a)) no pigs are sent to holdings and slaughterhouses in the areas listed in Annex I(A);
((b)) within their territory, persons and vehicles referred to in point (a) of Article 5(1) comply with the restrictions set out in that point and only provide services in accordance with point (c) of that Article.'
7.. Annex II to Decision 2006/346/EC is replaced by the text in the Annex I to this Decision.
8.. The text in the Annex II to this Decision is added as Annex III.
Article 2 
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 3 
This Decision is addressed to the Member States.
Done at Brussels, 30 May 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I


ANNEX II In accordance with Article 5(1)(e), Germany shall ensure that in the areas listed in Annex I the following surveillance measures are implemented:

((a)) any case of a contagious disease in pig holdings for which a treatment with antibiotic or other antibacterial drugs is indicated, shall be reported to the competent veterinary authorities without delay and before treatment is commenced,
((b)) in the pig holdings referred to in (a), the clinical examinations and sampling procedures laid down in Chapter IV(A) of the Annex to Commission Decision 2002/106/EC are carried out by a veterinarian without delay.


ANNEX II


ANNEX III 
