Chapter III, Section 6, Article 29 · Commission Implementing Regulation (EU) 2023/594

Contents

Article 29Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone for the purpose of immediate slaughter in the same Member State concerned#

1.By way of derogation from the prohibition provided for in Article 9(1), in exceptional circumstances, where as a result of that prohibition animal welfare problems arise in an establishment where porcine animals are kept, and in the case of logistic limitations in the slaughter capacity of the slaughterhouses located in the restricted zone III and designated in accordance with Article 44(1) or in the absence of a designated slaughterhouse in the restricted zone III, the competent authority of the Member State concerned may authorise for the purpose of immediate slaughter movements of porcine animals kept in a restricted zone III outside that restricted zone to a slaughterhouse designated in accordance with Article 44(1) in the same Member State as near as possible to the establishment of dispatch located:

(a)in a restricted zone II;

(b)in a restricted zone I, where it is not possible to slaughter the animals in the restricted zone II;

(c)outside of restricted zones I, II and III, where it is not possible to slaughter the animals in those restricted zones.

2.The competent authority of the Member State concerned shall only grant an authorisation provided for in paragraph 1 where:

(a)the general conditions laid down in Article 43(2) to (7) of Delegated Regulation (EU) 2020/687 are met;

(b)the additional general conditions laid down in Article 14(2), Article 15(1), points (b) and (c), Article 15(2), and Articles 16 and 17 are met;

3.The competent authority of the Member State concerned shall ensure that:

(a)the kept porcine animals are destined for the purpose of immediate slaughter directly to a slaughterhouse designated in accordance with Article 44(1);

(b)on arrival at the designated slaughterhouse, the porcine animals from the restricted zone III are kept separately from other porcine animals and are slaughtered either:

(i)on a specific day when only porcine animals from the restricted zone III are slaughtered; or

(ii)at the end of a slaughter day thereby ensuring that other kept porcine animals are not slaughtered thereafter;

(c)after the slaughtering of the porcine animals from the restricted zone III, and before the slaughtering of other kept porcine animals starts, the slaughterhouse is cleaned and disinfected in accordance with the instructions of the competent authority of the Member State concerned.

4.The competent authority of the Member State concerned shall ensure that:

(a)animal by-products obtained from porcine animals kept in the restricted zone III and moved outside that restricted zone are processed or disposed in accordance with Articles 35 and 40;

(b)fresh meat and meat products, including casings, obtained from porcine animals kept in the restricted zone III and moved outside the restricted zone III are processed and stored in accordance with Article 43, point (d).

5.By way of derogation from the prohibition provided for in Article 9(1), when the movements referred to in paragraph 1 of this Article do not comply with the conditions laid down in paragraph 2 of this Article, the competent authority of the Member State concerned may authorise movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone, provided that:

(a)prior to granting the authorisation, the competent authority of the Member State concerned assessed the risks arising from such authorisation and that assessment indicated that the risk of the spread of African swine fever is negligible;

(b)the kept porcine animals are moved for the purpose of immediate slaughter under conditions provided for in Article 29(3), points (b) and (c), and in accordance with Article 28(2) and Article 29(2) of Delegated Regulation (EU) 2020/687;

(c)the slaughterhouse of destination is designated in accordance with Article 44(1) and is located:

(i)in another restricted zone III in the territory of the same Member State concerned, as near as possible to the establishment of dispatch;

(ii)in restricted zones II or I in the territory of the same Member State concerned, as near as possible to the establishment of dispatch, where it is not possible to slaughter the animals in the restricted zone III;

(iii)in areas outside restricted zones I, II and III in the territory of the same Member State, where it is not possible to slaughter the animals in the restricted zones I, II or III;

(d)the animal by-products obtained from porcine animals kept in a restricted zone III are processed or disposed in accordance with Articles 35, 38 and 40;

(e)the fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III are only moved from a slaughterhouse within the same Member State in accordance with Article 41(2), point (b)(i).