EN Official Journal of the European Union L 324/57

COMMISSION IMPLEMENTING DECISION (EU) 2017/2267

of 7 December 2017

amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States

(notified under document C(2017) 8522)

(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 and zootechnical checks applicable in intra-Community 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 certain Member States. The Annex to that Implementing Decision demarcates and lists certain areas of those Member States in Parts I to IV thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease.

(2) In November 2017, a number of cases of African swine fever in wild boar were observed in powiecie legionowski, piaseczynski and in warszawski – zachodni district in Poland. Commission Implementing Decisions (EU) 2017/2176 (5) and Commission Implementing Decision (EU) 2017/2198 (6) were adopted in response to these cases, and these acts apply until 8 December 2017 and until 15 December 2017 respectively. These cases constitute an increased level of risk that should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, the areas affected by these cases of African swine fever in wild boar in Poland should now be listed in Part II and the surrounding areas should now be listed in Part I of the Annex to Implementing Decision 2014/709/EU.

(3) There have never been any notification of African swine fever in domestic pigs or wild boar in Ruciane Nida, Lelis and Lyse of Poland which are currently listed in Part I of that Annex. In line with recital 9 of Commission Implementing Decision (EU) 2017/1196 (7) and the surveillance data provided, these areas should be removed from Part I.

(4) In November 2017, a number of cases of African swine fever in wild boar were observed in powiecie sokólski, augustowski, elcki, parczewski in Poland, in Vilkaviškio, Pakruojo and Radviliškio rajonų savivaldybėse in Lithuania and in Dobeles novads in Latvia in areas currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. These cases constitute an increased level of risk that should be reflected in the Annex to that Implementing Decision. Accordingly, the areas affected by these cases of African swine fever in wild boar in Poland, in Lithuania and in Latvia should now be listed in Part II instead of Part I and some new surrounding areas in Poland should now be listed in Part I of the Annex to Implementing Decision 2014/709/EU.

(5) In November 2017, a few cases of African swine fever were observed also in Russian Federation (Kaliningrad region) in proximity to the border with Poland. These cases constitute an increased level of risk for certain areas in Poland that should be reflected in the Annex to Implementing Decision 2014/709/EU. Due to the epidemiological situation of the disease in Kaliningrad region (Russian Federation), certain bordering areas of Poland should now be listed in Part I of the Annex to Implementing Decision 2014/709/EU.

(6) Since September 2017, a number of cases and one outbreak of African swine fever were observed in Saldus novads Latvia, in proximity to the border with Lithuania. These cases and the outbreak constitute an increased level of risk for certain areas in Lithuania that should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, certain bordering areas of Lithuania should now be listed in Part I of the Annex to Implementing Decision 2014/709/EU.

(7) In November 2017, a case of African swine fever in wild boar was observed in powiecie włodawskim in Poland in an area currently listed in Part II of the Annex to Implementing Decision 2014/709/EU and in proximity to areas currently listed in Part I of that Annex. The occurrence of this case constitutes an increase in the level of risk that should be reflected in the Annex to that Implementing Decision. Accordingly, the relevant areas of Poland should now be listed in Part II instead of Part I and some new surrounding areas in Poland should now be listed in Part I of that Annex.

(8) The evolution of the current epidemiological situation of African swine fever in the feral pig population in the Union should be taken into account in the assessment of the risk to animal health posed by the new disease situation in certain countries. In order to focus the animal health control measures provided for in Implementing Decision 2014/709/EU, and to prevent the further spread of African swine fever, while at the same time preventing any unnecessary disturbance to trade within the Union, and also avoiding unjustified barriers to trade by third countries, the Union list of areas subject to the animal health control measures set out in the Annex to that Implementing Decision should be updated to take account of the changes in the epidemiological situation as regards that disease in Poland, Latvia and Lithuania.

(9) The Annex to Implementing Decision 2014/709/EU should therefore be amended accordingly.

(10) 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

The Annex to Implementing Decision 2014/709/EU is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 December 2017. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

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

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

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

(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).

(5) Commission Implementing Decision (EU) 2017/2176 of 21 November 2017 concerning certain interim protective measures relating to African swine fever in Poland (OJ L 306, 22.11.2017, p. 82).

(6) Commission Implementing Decision (EU) 2017/2198 of 27 November 2017 concerning certain interim protective measures relating to African swine fever in Poland (OJ L 312, 28.11.2017, p. 89).

(7) Commission Implementing Decision (EU) 2017/1196 of 3 July 2017 amending Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (OJ L 172, 5.7.2017, p. 16).