Commission Implementing Decision
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
(notified under document C(2014) 7222)
(Text with EEA relevance)
(2014/709/EU)

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, and in particular Article 9(4) thereof,
OJ L 395, 30.12.1989, p. 13.
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, and in particular Article 10(4) thereof,
OJ L 224, 18.8.1990, p. 29.
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption, and in particular Article 4(3) thereof,
OJ L 18, 23.1.2003, p. 11.
Whereas:
(1) Council Directive 2002/60/EC lays down the minimum measures to be applied within the Union for the control of African swine fever, including the measures to be taken in the event of an outbreak of African swine fever on a pig holding and in cases where African swine fever is suspected or confirmed in feral pigs. Those measures include plans to be developed and implemented by Member States, and approved by the Commission, for the eradication of African swine fever from a feral pig population.
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).
(2) African swine fever is present in Sardinia, Italy since 1978, and has since 2014 been introduced in other Member States situated in Eastern Europe including Estonia, Latvia, Lithuania and Poland from neighbouring third countries where that disease is widely present.
(3) In order to focus the control measures and to prevent disease spread as well as any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade by third countries, the concerned Member States urgently established infected areas and areas at risk for infection that were defined at Union level in collaboration with the Member States concerned by means of Commission Implementing Decisions that were consolidated by Commission Implementing Decision 2014/178/EU. That Decision also lays down animal health control measures on the movement, dispatch of pigs and certain pig products and marking of pigmeat from the areas set out in the Annex to that Decision in order to prevent the spread of that disease to other areas of the Union.
Commission Implementing Decision 2014/178/EU of 27 March 2014 concerning animal health control measures relating to African swine fever in certain Member States (OJ L 95, 29.3.2014, p. 47).
(4) Commission Decision 2005/362/EC approved a plan submitted by Italy to the Commission for the eradication of African swine fever in feral pigs in Sardinia and Commission Implementing Decision 2014/442/EU approved the plans for the eradication of African swine fever in feral pigs in certain areas of Lithuania and Poland.
Commission Decision 2005/362/EC of 2 May 2005 approving the plan for the eradication of African swine fever in feral pigs in Sardinia, Italy (OJ L 118, 5.5.2005, p. 37).
Commission Implementing Decision 2014/442/EU of 7 July 2014 approving the plans for the eradication of African swine fever in feral pigs in certain areas of Lithuania and Poland (OJ L 200, 9.7.2014, p. 21).
(5) African swine fever can be considered an endemic disease in the domestic and feral pig populations of certain third countries bordering the Union and represents a permanent threat for the Union.
(6) The disease situation is liable to endanger the pig herds in unaffected areas of the Member States currently concerned by the disease namely Estonia, Italy, Latvia, Lithuania and Poland well as pig herds in other Member States, notably in view of trade in commodities from porcine animals.
(7) Estonia, Italy, Latvia, Lithuania and Poland have taken measures to combat African swine fever within the framework of Directive 2002/60/EC and Estonia and Latvia are due to submit their plans for the eradication of African swine fever in feral pigs to the Commission for approval in accordance with Article 16 of that Directive.
(8) It is appropriate that the Member States and areas concerned are listed in an Annex differentiated by the level of risk. The different parts of the Annex should consider the epidemiological situation of African swine fever including whether it concerns both pigs holdings and the feral pig population (Part III and IV), only the feral pig population (Part II) or the risk is due to certain proximity to the infection in the feral population (Part I). In particular it should be differentiated whether the epidemiological situation has been stabilised and the disease has become endemic (Part IV) or the situation is still dynamic with uncertain evolution (Part III). However, the classification of Member States' territories or parts thereof as Parts I, II, III and IV according to the swine population concerned may need to be adapted by taking into account additional risk factors due to the local epidemiological situation and its evolution, especially in newly infected areas where less experience on the disease epidemiology under different ecological systems is available.
(9) In terms of risk of spread of African swine fever, movements of different porcine commodities pose different levels of risk. As a general rule the movement of live pigs, their semen, ova and embryos and animal by-products of porcine origin from infected areas pose higher risks in terms of exposure and consequences than the movement of meat, meat preparations and meat products as indicated in the Scientific Opinion of the European Food Safety Authority of 2010. Therefore, the dispatch of live pigs and their semen, ova and embryos, animal by-products of porcine origin as well as the dispatch of certain meat, meat preparations and meat products from certain areas in Member States listed in Parts I, II, III and IV of the Annex to this Decision should be prohibited. This prohibition includes all Suidae as referred to in Council Directive 92/65/EEC.
The EFSA Journal 2010; 8(3):1556.
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54).
(10) In order to take account of the different risk levels depending on the type of porcine commodities and the epidemiological situation in the Member States and areas concerned, it is appropriate to provide for certain derogations for each type of porcine commodity from the territories listed in the different parts of the Annex hereto. Those derogations are also in line with the risk mitigation measures for importation as regards African swine fever indicated in the Terrestrial Animal Health Code of the World Organization for Animal Health. The additional safeguard measures and animal health requirements or treatments of the respective commodities applicable in case such derogations are granted should also be provided for in this Decision.
(11) Due to the current epidemiological situation and for precautionary reasons the concerned Member States, Estonia, Latvia, Lithuania and Poland, have established new areas of a sufficient and appropriate size as described as Parts I, II and III of the Annex to this Decision that are adapted to the current epidemiological situation and where adequate restrictions for movements of live pigs, semen, ova and embryos and fresh pig meat and certain pig products apply. The situation as regards African swine fever in Sardinia, Italy, differs from that in other Member States due to the long lasting endemicity of the disease in this part of the Italian territory and the insular geographic location; it is therefore deemed necessary to have Part IV in the Annex to this Decision to continue covering the whole territory of Sardinia in Italy.
(12) The veterinary restrictions currently applicable are particularly stringent for the areas listed in Part III of the Annex to this Decision and which therefore may lead to logistic and animal welfare problems in case the slaughtering of pigs in the respective areas is not possible, in particular due to the absence of an appropriate slaughterhouse or limitations in slaughtering capacity within the relevant areas listed in Part III.
(13) The movement of live pigs for immediate slaughter poses less risk than other types of movements of live pigs provided that risk mitigation measures are in place. It is therefore appropriate that when the above described circumstances concur the Member States concerned may exceptionally grant derogations for the dispatch of live pigs from the areas listed in Part III of the Annex for immediate slaughter to a slaughterhouse located outside that area in the same Member State provided that rigorous conditions are met in order not to jeopardise disease control.
(14) Council Directive 64/432/EEC and Commission Decision 93/444/EEC provide that health certificates are to accompany the movements of animals. Where derogations from the prohibition on the dispatch of live pigs from the areas listed in the Annex to this Decision are applied to live pigs intended for intra-Union trade or for export to a third country, those health certificates should include a reference to this Decision so to ensure that adequate and accurate health information is provided in the relevant certificates.
Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121, 29.7.1964, p. 1977/64).
Commission Decision 93/444/EEC of 2 July 1993 on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries (OJ L 208, 19.8.1993, p. 34).
(15) Commission Regulation (EC) No 599/2004 provides that health certificates are to accompany the movements of certain products of animal origin. In order to prevent the spread of African swine fever to other areas of the Union, where a Member State is subject to a prohibition on the dispatch of fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat from certain parts of its territory, certain requirements should be laid down, in particular as regards certification, for the dispatch of such meat, meat preparations and meat products from other areas of the territory of that Member State not subject to that prohibition and those health certificates should include a reference to this Decision.
Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (OJ L 94, 31.3.2004, p. 44).
(16) In addition, it is appropriate, in order to prevent the spread of African swine fever to other areas of the Union and to third countries, to provide that the dispatch of fresh pigmeat, meat preparations and meat products consisting of, or containing meat of pigs from Member States with the areas listed in the Annex, is subject to certain more stringent conditions. In particular, such fresh pigmeat, meat preparations and pigmeat products should be marked with special marks which cannot be confused with the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council and with the health marks for pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council.
Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).
(17) The period of application of the measures provided for in this Decision should take account of the epidemiology of African swine fever and the conditions to regain the African swine fever free status according to the Terrestrial Animal Health Code of the World Organization for Animal Health and therefore this period should last at least until 31 December 2018.
(18) For reasons of clarity Implementing Decision 2014/178/EU should therefore be repealed and replaced by this Decision.
(19) 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 Subject matter and scope
 This Decision lays down animal health control measures in relation to African swine fever in Great Britain as regards movements of feral pigs and information obligations.
For the purposes of this Decision “appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Scotland, the Scottish Ministers;
(c) in relation to Wales, the Welsh Ministers.
Art. 1 substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(2)

Article 2 Prohibition on the dispatch of live pigs, porcine semen, ova and embryo, pig meat, pig meat preparations, pig meat products and any other products containing pig meat as well as consignments of animal by-products from porcine animals from certain areas listed in the Annex
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Arts. 2-14 omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(3)

Article 3 Derogation from the prohibition on the dispatch of live pigs from the areas listed in Part II of the Annex
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Article 3a Derogation from the prohibition on the dispatch of live pigs from the areas listed in Part III of the Annex
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Article 3b Derogation from the prohibition on the dispatch of live pigs from the areas listed in Part II of the Annex for the purpose of immediate slaughter
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Article 4 Derogation from the prohibition on the dispatch of consignments of live pigs for immediate slaughter from the areas listed in Part III of the Annex and the dispatch of consignments of pig meat, pig meat preparations and pig meat products obtained from such pigs
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Article 5 Derogation from the prohibition on the dispatch of consignments of pig meat, pig meat preparations, pig meat products and any other products consisting of or containing pig meat from the areas listed in Part III of the Annex
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Article 6 Derogation from the prohibition on the dispatch of consignments of pig meat, pig meat preparations, pig meat products and any other products consisting of or containing pig meat from the areas listed in Part IV of the Annex
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Article 7 Derogation from the prohibition on the dispatch of consignments of animal by-products from porcine animals from the areas listed in Parts III and IV of the Annex
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Article 8 Prohibition on the dispatch to other Member States and third countries of live pigs from the areas listed in the Annex
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Article 9 Prohibition on the dispatch to other Member States and third countries of consignments of porcine semen and ova and embryos collected from pigs from the areas listed in the Annex
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Article 10 Prohibition on the dispatch to other Member States and third countries of consignments of animal by-products from porcine animals from the areas listed in the Annex
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Article 11 Prohibition on the dispatch to other Member States and third countries of fresh pig meat and of certain pig meat preparations and pig meat products from areas listed in the Annex
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Article 12 Approval of slaughterhouses, cutting plants and meat processing establishments for the purposes of Articles 4, 5 and 6 and Article 11(2)
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Article 12a Derogation for slaughterhouses, cutting plants and meat processing establishments located in protection and surveillance zones
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Article 13 Derogation from the prohibition on the dispatch of fresh pig meat and of certain pig meat preparations and pig meat products from areas listed in the Annex
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Article 14 Information concerning Articles 11, 12 and 13
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Article 15 Measures relating to live feral pigs, fresh meat, meat preparations and meat products consisting of or containing meat from feral pigs
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 15(1)(2) omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(4)(a)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The appropriate authority must prohibit the export of live feral pigs.
Art. 15(3) substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(4)(b)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deleted by 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).

Article 15a Information obligations ...
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 15a(1) omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(5)(b)
2. The appropriate authority shall ensure that on all major land infrastructure routes, such as international communication roads, and related road networks, appropriate information on the risks of the transmission of African swine fever and on the control measures laid down in this Decision are brought to the attention of all travellers in a visible and prominent manner.
In particular, that information shall be presented in a way that is easily understood by travellers coming from, and going to, ... countries at risk of the spread of African swine fever.
Words in Art. 15a(2) substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(5)(c)(i)
Words in Art. 15a(2) omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(5)(c)(ii)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 15a(3) omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(5)(d)
Substituted by 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 (notified under document C(2018) 889) (Text with EEA relevance).
Words in Art. 15a heading omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(5)(a)

Article 16 Special health marks and certification requirements for fresh meat, meat preparations and meat products subject to prohibition referred to in Article 2, Article 11(1) and Article 15(1)
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Arts. 16-18 omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(6)

Article 16a Channelling procedure
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Article 17 Requirements concerning holdings and transport vehicles in the areas listed in the Annex
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Article 18 Information requirements of the Member States concerned
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Article 19 Compliance
 The appropriate authority must amend the measures that it applies to trade so as to bring them into compliance with this Decision and it must give immediate appropriate publicity to the measures adopted.
Art. 19 substituted (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(7)

Article 20 Repeal
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Art. 20 omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(8)

Article 21 Applicability
This Decision shall apply until 21 April 2021.
Substituted by Commission Implementing Decision (EU) 2019/609 of 11 April 2019 amending Implementing Decision 2014/709/EU as regards the use of the pathogen identification test for African swine fever, the dispatch of the pigs through areas listed in the Annex and the applicability of the Decision (notified under document C(2019) 2739) (Text with EEA relevance).

Article 22 Addressees
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Art. 22 omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(8)
ANNEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex omitted (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 14(8)