EN Official Journal of the European Union L 79/38

COMMISSION IMPLEMENTING DECISION (EU) 2018/478

of 20 March 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) 1592)

(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, where there have been confirmed cases of that disease in domestic or feral pigs (the concerned Member States). Parts I to IV of the Annex to that Implementing Decision demarcates and lists certain areas of the concerned Member States, differentiated by the level of risk based on the epidemiological situation as regards that disease.

(2) The risk of the spread of African swine fever in wildlife is linked to the natural slow spread of that disease among wild boar populations, and also the risks linked to human activity, as demonstrated by the recent epidemiological evolution of that disease in the Union, and as documented by the European Food Safety Authority (EFSA) in the Scientific Opinion of the Panel on Animal Health and Welfare, published on 14 July 2015; in the Scientific Report of the EFSA on Epidemiological analyses on African swine fever in the Baltic countries and Poland, published on 23 March 2017; and in the Scientific Report of the EFSA on Epidemiological analyses of African swine fever in the Baltic States and Poland, published on 7 November 2017 (5).

(3) The Annex to Implementing Decision 2014/709/EU has been amended several times to take account of changes in the epidemiological situation as regards African swine fever in the Union that needed to be reflected in that Annex. The Annex to Implementing Decision 2014/709/EU was recently amended by Commission Implementing Decision (EU) 2018/169 (6) to take account of changes in the epidemiological situation in the Czech Republic, Latvia, Lithuania and Poland. The Annex to Implementing Decision 2014/709/EU was also subsequently amended by Commission Implementing Decision (EU) 2018/263 (7) to take account of changes in the epidemiological situation in Poland.

(4) Since 7 February 2017, there has been no notification of any outbreak of African swine fever in domestic pigs in certain areas west of Riga of Latvia which are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU. In addition, the surveillance data provided by that Member State demonstrate that the supervision of biosecurity measures has been implemented in a satisfactory manner in holdings in those areas, based on national programmes for biosecurity aimed at the prevention of the spread of that virus. These facts indicate an improvement in the epidemiological situation in Latvia.

(5) In February 2018, an outbreak of African swine fever in domestic pigs occurred in gminy Jabłoń in Poland. That area is currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. That outbreak constitutes an increased level of risk that should be reflected in the Annex to that Implementing Decision.

(6) In February 2018, a number of cases of African swine fever in wild boar were observed at the Southern edge of the area in the Czech Republic listed in Part II 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 Implementing Decision 2014/709/EU.

(7) In January and February 2018, a number of cases of African swine fever in wild boar were observed in the Northern part of Lithuania bordering Latvia and in the Southern part of Lithuania bordering Poland. These cases constitute an increased level of risk for certain areas in the Northern and in Southern part of Lithuania that should be reflected in the Annex to Implementing Decision 2014/709/EU.

(8) In February 2018, a number of cases of African swine fever in wild boar were observed in certain areas at the Northern edge of the area listed in Part I and located at East in Latvia and in certain areas listed in Part I in Latvia bordering Lithuania. These cases constitute an increased level of risk that should be reflected in the Annex to Implementing Decision 2014/709/EU.

(9) In order to focus the animal health control measures provided for in Implementing Decision 2014/709/EU, and thus 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 any unjustified barriers to trade being established 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 the Czech Republic, Latvia, Lithuania and Poland.

(10) In order to take account of recent developments in the epidemiological evolution of African swine fever in the Union, and in order to combat the risks associated with the spread of that disease in a proactive manner, higher risk areas of a sufficient size should be demarcated for the Czech Republic, Latvia, Lithuania and Poland and included in the lists in Parts I and II of the Annex to Implementing Decision 2014/709/EU.

(11) In addition, some of the areas affected by the recent cases of African swine fever in wild boar in the Czech Republic, Latvia, Lithuania and Poland that are currently listed in Part I of the Annex to Implementing Decision 2014/709/EU should now be listed instead in Part II of that Annex.

(12) Furthermore, the specific areas of Latvia that are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU, where there have been no recent notifications of outbreaks of African swine fever, should now be listed instead in Part II of that Annex.

(13) In addition, the specific area of Poland that is currently listed in Part II of the Annex to Implementing Decision 2014/709/EU, where there has been recent notification of an outbreak of African swine fever, should now be listed instead in Part III of that Annex. The Annex to Implementing Decision 2014/709/EU should therefore be amended accordingly.

(14) 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, 20 March 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) EFSA Journal 2015;13(7):4163 [92 pp.]; EFSA Journal 2017;15(3):4732 [73 pp.]; and EFSA Journal 2017;15(11): 5068 [30 pp.].

(6) 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 (OJ L 31, 3.2.2018, p. 88).

(7) Commission Implementing Decision (EU) 2018/263 of 20 February 2018 amending Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (OJ L 49, 22.2.2018, p. 66).