# L_2019290EN.01002901.xml

| 11.11.2019 | EN | Official Journal of the European Union | L 290/29 |
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11.11.2019

EN

Official Journal of the European Union

L 290/29

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COMMISSION IMPLEMENTING DECISION (EU) 2019/1887

of 7 November 2019

amending Implementing Decision 2014/709/EU as regards the availability and timeliness of information on the list of approved establishments

(notified under document C(2019) 7899)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular Article 4(3) thereof,

Whereas:

| (1) | Commission Implementing Decision 2014/709/EU (4) lays down animal health control measures in relation to African swine fever in the Member States or areas thereof listed in the Annex thereto (the Member States concerned). That Implementing Decision provides for prohibitions on the dispatch of consignments of domestic pigs and pig products, as well as consignments of feral pigs and feral pig products from the areas listed in the Annex thereto. It also lays down other rules aimed at preventing the spread of African swine fever, including information requirements for Member States. The animal health control measures laid down in Implementing Decision 2014/709/EU apply in parallel to those laid down in Council Directive 2002/60/EC (5), and are intended to combat the spread of African swine fever particularly at Union level. |
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(1)

Commission Implementing Decision 2014/709/EU (4) lays down animal health control measures in relation to African swine fever in the Member States or areas thereof listed in the Annex thereto (the Member States concerned). That Implementing Decision provides for prohibitions on the dispatch of consignments of domestic pigs and pig products, as well as consignments of feral pigs and feral pig products from the areas listed in the Annex thereto. It also lays down other rules aimed at preventing the spread of African swine fever, including information requirements for Member States. The animal health control measures laid down in Implementing Decision 2014/709/EU apply in parallel to those laid down in Council Directive 2002/60/EC (5), and are intended to combat the spread of African swine fever particularly at Union level.

| (2) | Implementing Decision 2014/709/EU also provides for derogations from the prohibition on the dispatch of fresh pig meat and of certain pig meats preparations and pig meat products consisting of or containing such meat from the areas listed in Parts II, III or IV of the Annex to that Implementing Decision, to other Member States and to third countries. |
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(2)

Implementing Decision 2014/709/EU also provides for derogations from the prohibition on the dispatch of fresh pig meat and of certain pig meats preparations and pig meat products consisting of or containing such meat from the areas listed in Parts II, III or IV of the Annex to that Implementing Decision, to other Member States and to third countries.

| (3) | Certain derogations are possible only if the pigs from which the products in question are derived comply with requirements of Article 11 of Implementing Decision 2014/709/EU, the slaughterhouses, cutting plants and meat processing establishments comply with the conditions for approval laid down in Article 12 thereof, and the products in question are produced and processed in compliance with the specific process and certification as required in accordance with Article 13 thereof. |
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(3)

Certain derogations are possible only if the pigs from which the products in question are derived comply with requirements of Article 11 of Implementing Decision 2014/709/EU, the slaughterhouses, cutting plants and meat processing establishments comply with the conditions for approval laid down in Article 12 thereof, and the products in question are produced and processed in compliance with the specific process and certification as required in accordance with Article 13 thereof.

| (4) | Article 14 of Implementing Decision 2014/709/EU currently requires that Member States communicate to the Commission and to other Member States, every six months from the date of Implementing Decision 2014/709/EU, the updated list of approved establishments referred to in Article 12 and any relevant information on the application of Articles 11, 12 and 13 of that act. To optimise the need of transparency towards other Member States and third countries and streamline the information exchange, Member States should have the responsibility of regularly updating the list of approved establishments as referred to in Article 12 and any relevant information referred to in Articles 11, 12 and 13 of Implementing Decision 2014/709/EU. Additionally, Member States should make this information timely, publicly and easily available to other Member States and to third countries. Articles 14 of that Implementing Decision should therefore be amended accordingly. |
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(4)

Article 14 of Implementing Decision 2014/709/EU currently requires that Member States communicate to the Commission and to other Member States, every six months from the date of Implementing Decision 2014/709/EU, the updated list of approved establishments referred to in Article 12 and any relevant information on the application of Articles 11, 12 and 13 of that act. To optimise the need of transparency towards other Member States and third countries and streamline the information exchange, Member States should have the responsibility of regularly updating the list of approved establishments as referred to in Article 12 and any relevant information referred to in Articles 11, 12 and 13 of Implementing Decision 2014/709/EU. Additionally, Member States should make this information timely, publicly and easily available to other Member States and to third countries. Articles 14 of that Implementing Decision should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Article 14 of Implementing Decision 2014/709/EU is replaced by the following:

‘Article 14

Information concerning Articles 11, 12 and 13

The Member States shall draw up and keep updated a list of establishments approved in accordance with Article 12 (list of approved establishments) and make it available to the Commission, to the other Member States and to the public.

The Member States shall immediately inform the Commission and the other Member States of:

| (a) | any change to their list of approved establishments;
  and |
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(a)

any change to their list of approved establishments;

and

| (b) | any relevant information on the application of Articles 11, 12 and 13.’ |
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(b)

any relevant information on the application of Articles 11, 12 and 13.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 November 2019.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 395, 30.12.1989, p. 13.

1

(2)  
  OJ L 224, 18.8.1990, p. 29.

2

(3)  
  OJ L 18, 23.1.2003, p. 11.

3

(4)  Commission Implementing Decision 2014/709/EU of 9 October 2014 concerning animal health control measures relating to African swine fever in certain Member States and repealing Implementing Decision 2014/178/EU (OJ L 295, 11.10.2014, p. 63).

4

(5)  Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ L 192, 20.7.2002, p. 27).

5

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