1.[F3By way of derogation from Article 2, the appropriate authority may authorise the importation of live pigs from holdings located within any area listed in the Annex provided that the overall classical swine fever situation in that area is favourable and the pigs concerned were kept in holdings where:]
no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC [F4as it exists immediately before IP completion day];
the pigs have been resident for at least 90 days or since birth on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch;
the holding implements a bio-security plan approved by the competent authority;
the holding has been subjected regularly and at least every four months to inspections by the competent authority, which must:
follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(1);
include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC [F4as it exists immediately before IP completion day]; and
the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results within one month prior to movement.
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Textual Amendments
F1Inserted by Commission Implementing Decision (EU) 2016/1898 of 26 October 2016 amending Implementing Decision 2013/764/EU concerning animal health control measures relating to classical swine fever in certain Member States (notified under document C(2016) 6710) (Text with EEA relevance).
F2Art. 2a heading substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 65(4)(a) (with regs. 69-71)
F3Words in Art. 2a(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 65(4)(b)(i) (with regs. 69-71)
F4Words in Art. 2a(1) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 65(4)(b)(ii) (with regs. 69-71)
F5Art. 2a(2) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 65(4)(c) (with regs. 69-71)
[F1Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever ( OJ L 39, 9.2.2002, p. 71 ).]
Textual Amendments