Chapter III, Section 9, Article 35 · Commission Implementing Regulation (EU) 2023/594

Contents

Article 35Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State for the purpose of processing or disposal#

1.By way of derogation from Article 11(1) of this Regulation, the competent authority of the Member State concerned may authorise movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones to a plant or establishment approved by the competent authority for the purposes of processing, disposal as waste by incineration or disposal or recovery by co-incineration of animal by-products referred to in Article 24(1), points (a), (b) and (c) of Regulation (EC) No 1069/2009, located outside restricted zones II or III situated within the same Member State provided that the means of transport are individually equipped with a satellite navigation system to determine, transmit and record its real time location.

2.The transport operator responsible for the movements of consignments of animal by-products referred to in paragraph 1 shall:

(a)enable the competent authority to control, by means of a satellite navigation system, the real time movement of the means of transport;

(b)keep the electronic records of that movement for a period of at least two months from the date of the movement of the consignment.

3.The competent authority may decide that the satellite navigation system referred to in paragraph 1 shall be replaced by an individual sealing of the means of transport provided that:

(a)the consignments of animal by-products obtained from porcine animals kept in restricted zones II and III are only moved within the same Member State for the purposes referred to in paragraph 1;

(b)each means of transport is sealed by an official veterinarian immediately after the loading of the consignment of animal by-products; only an official veterinarian or enforcement authority of the Member State, as agreed with the competent authority of the Member State concerned, may break the seal and replace it with a new one, where relevant.

4.By way of derogation from Article 11(1), the competent authority of the Member State concerned may decide to authorize movements of consignments of animal by-products referred to in paragraph 1 of this Article through a temporary collection plant approved in accordance with Art 24(1), point (i), of Regulation (EC) No 1069/2009 provided that:

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

(b)the animal by-products are only moved to an approved temporary collection plant located as near as possible to the establishment of dispatch in the same Member State concerned.

Defined terms · 12

Show every defined term

animal by-products approved plant
means a plant approved by the competent authority in accordance with Article 24 of Regulation (EC) No 1069/2009;
approved germinal product establishment
means an establishment defined in Article 2, point (2), of Commission Delegated Regulation (EU) 2020/686;
area listed in Annex II
means an area of a Member State listed in Annex II:
Category 2 materials
means animal by-products referred to in Article 9 of Regulation (EC) No 1069/2009 obtained from kept porcine animals;
Category 3 materials
means animal by-products referred to in Article 10 of Regulation (EC) No 1069/2009 obtained from kept porcine animals;
germinal products
means porcine semen, oocytes and embryos obtained from kept porcine animals for artificial reproduction;
porcine animal
means an animal of the species of ungulates of the family Suidae listed in Annex III to Regulation (EU) 2016/429;
previously disease-free Member State or zone
means a Member State or zone of a Member State, where African swine fever has not been confirmed either in kept or in wild porcine animals during the preceding period of twelve months;
registered germinal product establishment
means an establishment defined in Article 2, point (1), of Delegated Regulation (EU) 2020/686.
restricted zone I
means an area of a Member State listed in Part I of Annex I with a precise geographical delimitation subject to special disease control measures and bordering restricted zones II or III;
restricted zone II
means an area of a Member State listed in Part II of Annex I due to an outbreak of African swine fever in a wild porcine animal with a precise geographical delimitation subject to special disease control measures;
restricted zone III
means an area of a Member State listed in Part III of Annex I due to an outbreak of African swine fever in a kept porcine animal with a precise geographical delimitation subject to special disease control measures;