EN Official Journal of the European Union L 334/40

COMMISSION IMPLEMENTING DECISION (EU) 2016/2218

of 7 December 2016

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(2016) 7836)

(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 Members States in Parts I, II, III and IV thereof differentiated by the level of risk based on the epidemiological situation. That list includes, amongst others, certain areas of Latvia, Lithuania and Poland.

(2) In October 2016, few cases of African swine fever in wild boar occurred in the republikas pilsēta of Jūrmala and in the novads of Dundagas in Latvia in two areas currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. The occurrence of these cases constitutes an increase in the level of risk that needs to be taken into account. Accordingly, the relevant areas of Latvia should now be listed in Part II, instead of Part I, of that Annex and new areas should be included in Parts I and II of the Annex thereto.

(3) In October 2016, two cases of African swine fever in wild boar occurred in the powiat bialski and in the powiat białostocki in Poland in areas currently listed in Part III (for the former) and in Part II (for the latter) of the Annex to Implementing Decision 2014/709/EU in close proximity to the areas listed in Parts I of that Annex. The occurrence of this disease in this area constitutes an increase in the level of risk that needs to be taken into account. Accordingly, the relevant areas of Poland listed in Part I of the Annex to Implementing Decision 2014/709/EU should now be listed in Part II of that Annex and new areas should be included in Part I of the Annex thereto.

(4) Since September 2015, no outbreaks of African swine fever in domestic pigs have been notified in certain areas of Latvia and Lithuania which are listed in Part III of the Annex to Implementing Decision 2014/709/EU. In addition, supervision of biosecurity measures has been implemented in a satisfactory manner in holdings in those areas based on the national programme for biosecurity aimed at the prevention of the spread of African swine fever. These facts indicate an improvement in the epidemiological situation. Accordingly, those areas of those Member States should now be listed in Part II, instead of Part III, of the Annex to Implementing Decision 2014/709/EU.

(5) The evolution of the current epidemiological situation of African swine fever in the affected domestic and feral pig populations in the Union should be taken into account in the assessment of the animal health risk posed by to that situation as regards that disease in Latvia, Lithuania and Poland. 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 preventing any unnecessary disturbance to trade within the Union and 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 amended to take into account the changes in the current epidemiological situation as regards that disease in Latvia, Lithuania and Poland.

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

(7) 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 2016. 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).