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,
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,
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, and in particular Article 4(3) thereof,
Whereas:
(1)
Commission Implementing Decision 2014/709/EU 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. 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.
(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 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 EFSA on Epidemiological analyses of African swine fever in the Baltic States and Poland, published on 7 November 2017.
(3)
Council Directive 2002/60/EC lays down the minimum Union measures to be taken for the control of African swine fever. In particular, Article 9 of Directive 2002/60/EC provides for the establishment of a protection and surveillance zone when African swine fever has been officially confirmed in pigs on a holding, and Articles 10 and 11 of that Directive lay down measures to be taken in the protection and surveillance zones in order to prevent the spread of that disease. In addition, Article 15 of Directive 2002/60/EC provides for measures to be taken where African swine fever is confirmed in feral pigs, including the placing under official surveillance of pig holdings in the defined infected area. Recent experience has shown that measures laid down in Directive 2002/60/EC are effective in controlling the spread of that disease, and in particular the measures providing for the cleaning and disinfecting of infected holdings.
(4)
Taking into account the effectiveness of the measures being applied in the Member States concerned in accordance with Articles 15, point (b) of the first paragraph of Article 10(4) and Article 10(5) of Directive 2002/60/EC, and in line with the risk mitigation measures as regards African swine fever indicated in the Terrestrial Animal Health Code of the World Organization for Animal Health, some specific areas listed in Part III of the Annex to Implementing Decision 2014/709/EU should revert back to Part II in view of the expiry of the period of three months from the final cleaning and disinfection.
(5)
In May 2018, cases of African swine fever in wild boar were observed in areas of Poland listed in Parts I and II of the Annex to Implementing Decision 2014/709/EU. In addition, outbreaks of African swine fever in domestic pig were also observed in different holdings located in the województwie podlaskim, in the województwie mazowieckim and in the województwie lubelskim. These recent cases of African swine fever in wild boar and outbreaks in domestic pigs in Poland constitute an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, these areas of Poland affected by African swine fever should be listed in Part III of that Annex.
(6)
In June 2018, six outbreaks of African swine fever in domestic pigs were observed in Lithuania in the district municipality of Varėna, seniūnija of Varėna, in the district municipality of Jurbarkas, seniūnija of Seredžius, in the district municipality of Pakruojis, seniūnija of Pašvitinys, in the district municipality of Lazdijai, seniūnija of Lazdijai and in the district municipality of Mažeikiai, seniūnija Mažeikių apylinkės. These recent outbreaks of African swine fever in domestic pigs, as well as cases in wild boar in the same areas of Lithuania constitute an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, these areas of Lithuania affected by African swine fever should be listed in Part III of that Annex.
(7)
In April and May 2018, a number of cases of African swine fever in wild boar were observed in Hungary. Commission Implementing Decisions (EU) 2018/663 and (EU) 2018/835 were adopted in response to those cases. Implementing Decision (EU) 2018/835 repealed and replaced Implementing Decision (EU) 2018/663 and it applies until 30 June 2018. Implementing Decision (EU) 2018/835 provides that the infected areas established by Hungary, where the measures provided for in Article 15 of Directive 2002/60/EC apply, are to comprise at least the areas listed in the Annex to that Implementing Decision.
(8)
In addition, Commission Implementing Decision (EU) 2018/758 was also adopted in response to recent cases of African swine fever in Hungary and it applies until 31 July 2018. Implementing Decision (EU) 2018/758 provides that the infected areas established by Hungary, where the measures provided for in Article 15 of Directive 2002/60/EC apply, are to comprise at least the areas listed in the Annex to that Implementing Decision.
(9)
These recent cases of African swine fever in Hungary constitute an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, the areas of Hungary affected by the recent cases of African swine fever should be listed in Parts I and II of that Annex.
(10)
In March 2018, an outbreak of African swine fever in domestic pigs in a backyard holding in Satu Mare county was observed in Romania. Commission Implementing Decision (EU) 2018/419 was adopted in response to that outbreak. Implementing Decision (EU) 2018/419 applies until 30 June 2018 and it provides that the protection and surveillance zones established in Romania in accordance with Article 9 of Directive 2002/60/EC, are to comprise at least the areas listed as the protection and surveillance zones in the Annex to that Implementing Decision. In May 2018, a case of African swine fever in wild boar was observed in Romania in Satu Mare county, already affected by the outbreak of African swine fever in domestic pigs. The occurrence of this recent outbreak in domestic pigs as well as the case in wild boar in the same area of Romania constitutes an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, this area of Romania affected by African swine fever should be listed in Parts I and III of that Annex.
(11)
In June 2018, four outbreaks of African swine fever in domestic pigs and three cases of African swine fever in wild boar in Tulcea county were observed in Romania. The occurrence of these recent outbreaks in domestic pigs and of cases in wild boar in the same area of Romania constitutes an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, these area of Romania affected by African swine fever should be listed in Parts I, II and III of that Annex.
(12)
In June 2018, one outbreak of African swine fever in domestic pigs was observed in a farm in Jelgavas county (novads), Jaunsvirlaukas parish (pagasts) in Latvia. This recent outbreak of African swine fever in domestic pigs, as well as cases in wild boar in the same area of Latvia constitute an increased level of risk which should be reflected in the Annex to Implementing Decision 2014/709/EU. Accordingly, this area of Latvia affected by African swine fever should be listed in Part III of that Annex.
(13)
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 Latvia, Lithuania, Hungary, Poland and Romania and duly listed in the Annex to Implementing Decision 2014/709/EU. That Annex 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: