EN Official Journal of the European Union L 140/89

COMMISSION IMPLEMENTING DECISION (EU) 2018/834

of 4 June 2018

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

(notified under document C(2018) 3318)

(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 Member States concerned). The Annex to that Implementing Decision demarcates and lists certain areas of the Member States concerned in Parts I to IV thereof, 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 feral pig 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 movement of infected animals represents a high risk for the spread of African swine fever. In particular, it is extremely important to avoid the diffusion of African swine fever related to the movement of feral pigs given that they are at high risk of transmitting African swine fever and can have negative impact on pig farming within the Union. Given the risk represented by these animals in spreading the disease, combined with any potential delay in detecting the occurrence of African swine fever in feral pigs in newly affected Member States, specific precautionary measures should be taken to limit the movement of these animals across the Union. In order to prevent the further spread of African swine fever, all Member States should prohibit the dispatch of feral pigs to other Member States and to third countries, and the Member State concerned should prohibit the dispatch of feral pigs from the areas listed in the Annex to Implementing Decision 2014/709/EU to other areas of their territory which are not listed therein.

(4) The Annex to Implementing Decision 2014/709/EU has been amended several times to take account of changes in the epidemiological situation in the Union as regards African swine fever that needed to be reflected in that Annex.

(5) The Commission, for a sufficient period of time, has not been notified of any outbreak of African swine fever in domestic pigs in all areas of Estonia, Latvia and Lithuania which are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU. In addition, the Union measures for the control of African swine fever laid down in Council Directive 2002/60/EC (6) have been implemented and additional biosecurity measures on domestic pig holdings have been applied. These facts indicate an improvement in the epidemiological situation of the disease in domestic pigs in all areas of Estonia, Latvia and Lithuania that are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU. Accordingly, those areas should now be listed in Part II, instead of Part III, of that Annex, and it should be amended accordingly.

(6) The Commission, for a sufficient period of time, has not been notified of any outbreak of African swine fever in domestic pigs time in certain areas (which do not include gmina Goniądz w powiecie monieckim, gminy Mielnik, Nurzec-Stacja w powiecie siemiatyckim and gminy Korczew i Paprotnia w powiecie siedleckim) of Poland which are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU. In addition, the Union measures for the control of African swine fever laid down in Directive 2002/60/EC have been implemented. These facts indicate an improvement in the epidemiological situation of the disease in domestic pigs in certain areas of Poland that are currently listed in Part III of the Annex to Implementing Decision 2014/709/EU. Accordingly, those areas should now be listed in Part II, instead of Part III, of that Annex, and it should be amended accordingly.

(7) In April and May 2018, a number of cases of African swine fever in wild boar were observed in the south-eastern part of Poland in areas listed in Part I of the Annex to Implementing Decision 2014/709/EU and in areas listed in Part II of that Annex. These cases constitute an increased level of risk that should be reflected in that Annex.

(8) In addition, in April 2018, a number of cases of African swine fever in feral pigs were observed in the county of Heves in Hungary. Commission Implementing Decisions (EU) 2018/663 (7) was adopted in response to those cases. Implementing Decision (EU) 2018/663 applies until 30 June 2018. These cases constitute an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU.

(9) 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, new high risk areas of a sufficient size should be demarcated for Poland and Hungary and included in the lists in Parts I and II of the Annex to Implementing Decision 2014/709/EU. That Annex 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

Implementing Decision 2014/709/EU is amended as follows:

(1) In Article 1, the first paragraph is replaced by the following: ‘This Decision lays down animal health control measures in relation to African swine fever in the Member States or areas thereof as set out in the Annex (the Member States concerned), and in all Member States as regards movements of feral pigs and information obligations.’

(2) Article 15 is amended as follows: (i) paragraph 1 is replaced by the following: ‘1. The Member States concerned shall: (a) prohibit the dispatch of live feral pigs from the areas listed in the Annex to other areas in the territory of the same Member State which are not listed; (b) ensure that no consignments of fresh meat of feral pigs, meat preparations and meat products consisting of or containing such meat from the areas listed in the Annex are dispatched to other Member States or to other areas in the territory of the same Member State.’; (ii) paragraph 3 is replaced by the following: ‘3. All Member States shall prohibit the dispatch of live feral pigs to other Member States and to third countries.’; (iii) paragraph 4 is deleted;

(3) 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, 4 June 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) 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).

(7) Commission Implementing Decision (EU) 2018/663 of 27 April 2018 concerning certain interim protective measures relating to African swine fever in Hungary (OJ L 110, 30.4.2018, p. 136).