EN Official Journal of the European Union L 31/88

COMMISSION IMPLEMENTING DECISION (EU) 2018/169

of 1 February 2018

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(2018) 550)

(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 December 2017 and January 2018, a number of cases of African swine fever in wild boar were observed in eastern (powiat łukowski), northern (powiat bartoszycki, powiat braniewski), north-eastern (powiat suwalski, powiat augustowski) parts of Poland and in north-western (Telšių and Šiaulių apskritys) and west-central (Kauno apskritis) parts of Lithuania. Those areas are 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, some areas of eastern, northern, north-eastern Poland and north-western Lithuania which are affected by these cases of African swine fever in wild boar should now be listed in Part II of the Annex to Implementing Decision 2014/709/EU, instead of in Part I thereof. In addition, other areas in Poland and in Lithuania which are located near the areas where the cases of African swine fever have been observed should now be listed in Part I of that Annex.

(3) In December 2017 and January 2018, a number of cases of African swine fever in wild boar were observed in east-central (powiat otwocki) part in Poland. Commission Implementing Decision (EU) 2018/11 (5) was adopted in response to these cases, and this act applies until 12 February 2018. 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.

(4) In January 2018, a few cases of African swine fever in wild boar were observed in western (Kuldīgas novads) part in Latvia and in south-western (Tauragės apskritis), north-western (Šiaulių apskritis) parts of Lithuania. These areas are currently listed in Part II (in proximity to areas currently listed in Part I) of the Annex to Implementing Decision 2014/709/EU. The occurrences of these cases constitute an increase in the level of risk that should be reflected in the Annex to that Implementing Decision. Accordingly, some areas of Latvia and Lithuania should now be listed in Part II instead of Part I of that Annex. In addition, other areas in Lithuania which are located near the areas where the cases of African swine fever have been observed should now be listed in Part I of that Annex.

(5) In January 2018, an outbreak of African swine fever in domestic pigs occurred in eastern (powiat radzyński) part in Poland. This area is currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. The occurrence of this outbreak constitutes an increase in the level of risk that should be reflected in the Annex to that Implementing Decision. Accordingly, the relevant area of Poland should now be listed in Part III instead of Part II of that Annex.

(6) To date, there has been no notification of any case of African swine fever in domestic pigs or wild boar in the southern areas of okres Zlín in the Czech Republic which are currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. In line with the surveillance data provided by the Czech Republic, these areas should now be listed in Part I of the Annex to Implementing Decision 2014/709/EU, instead of in Part II thereof.

(7) The evolution of the current epidemiological situation of African swine fever in the pig population in the Union should be taken into account in the assessment of the risks to animal health posed by the new disease situation in Poland, in Lithuania, in Latvia and in the Czech Republic. 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, in Lithuania, in Latvia and in the Czech Republic.

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

(9) 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, 1 February 2018. 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) 2018/11 of 5 January 2018 concerning certain interim protective measures relating to African swine fever in Poland (OJ L 3, 6.1.2018, p. 24).