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Commission Implementing Decision of 27 March 2014 concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2014) 1979) (Text with EEA relevance) (2014/178/EU)

Commission Implementing Decision of 27 March 2014 concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2014) 1979) (Text with EEA relevance) (2014/178/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(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 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. Council Directive 2002/60/EC(4) 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 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.

  2. Commission Decision 2005/363/EC(5) was adopted in response to the presence of African swine fever in Sardinia, Italy. That Decision lays down animal health rules on the movement, dispatch and marking of pigs and certain pig products from Sardinia, in order to prevent the spread of that disease to other areas of the Union.

  3. In addition, Commission Decision 2005/362/EC(6) approved a plan submitted by Italy to the Commission for the eradication of African swine fever in feral pigs in Sardinia.

  4. In 2014, cases of African swine fever in feral pigs, more specifically in wildboar, occurred in Lithuania and Poland due to the introduction of the African swine fever virus from neighbouring third countries where that disease is present. In order to focus the control measures and to prevent disease spread as well as to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade by third countries, a Union list of infected areas in those countries was urgently established in collaboration with the Member States concerned by means of Commission Implementing Decision 2014/93/EU(7) and Commission Implementing Decision 2014/134/EU(8) which both apply until 30 April 2014.

  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 other regions of Lithuania, Italy and Poland and also in other Member States, notably in view of trade in commodities from porcine animals.

  7. Lithuania and Poland have taken measures to combat African swine fever within the framework of Directive 2002/60/EC and they are due to submit their plan 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 considering the epidemiological situation of African swine fever and whether it concerns both pigs holdings and the feral pig population (Part III), only the feral pig population (Part II) or the risk is due to certain proximity to the infection in the feral population (Part I).

  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(9). 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 designated zones of the Member States listed in the Annex to this Decision should be prohibited. This prohibition includes all suidae as referred to in Council Directive 92/65/EEC(10).

  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 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 health requirements or treatments applicable for those derogations should also be provided for in this Decision.

  11. Council Directive 64/432/EEC(11) and Commission Decision 93/444/EEC(12) provide that health certificates are to accompany the movements of animals. Where derogations from the prohibition on the dispatch of live pigs from 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 adequeate and accurate health information is provided in the relevant certificates.

  12. Commission Regulation (EC) No 599/2004(13) 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.

  13. 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 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 the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council(14) and with the health marks for pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council(15).

  14. 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 2017.

  15. Implementing Decisions 2014/93/EU and 2014/134/EU should be repealed and replaced by this Decision. Decision 2005/363/EC has been amended several times. Therefore, it is appropriate to repeal that Decision and replace it by this Decision.

  16. The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

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 the Member States or areas thereof as set out in the Annex (the Member States concerned).

It shall apply without prejudice to the plans for the eradication of African swine fever from feral pig populations in the Member State concerned, approved by the Commission in accordance with Article 16 of Directive 2002/60/EC.

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

The Member States concerned shall prohibit:

  1. the dispatch of live pigs from the areas listed in Parts II or III of the Annex;

  2. the dispatch of consignments of porcine semen, ova and embryos from the areas listed in Part III of the Annex;

  3. the dispatch of consignments of pig meat, pig meat preparations, pig meat products and any other products containing pig meat from the areas listed in Part III of the Annex;

  4. the dispatch of consignments of animal by-products from porcine animals from the areas listed in Part III of the Annex.

Article 3 Derogation from the prohibition on the dispatch of live pigs from the areas listed in Part II of the Annex

By way of derogation from the prohibition provided for in point (a) of Article 2, the Member States concerned may authorise the dispatch of live pigs from a holding located in the areas listed in Part II of the Annex to other areas in the territory of the same Member State provided that the pigs have been resident for a period of at least 30 days or since birth on the holding and no live pigs have been introduced into that holding during a period of at least 30 days prior to the date of the movement and

  1. the pigs have been subjected to laboratory testing for African swine fever carried out with negative results on samples taken in accordance with the sampling procedures as laid down in the plan for the eradication of African swine fever referred to in the second paragraph of Article 1 of this Decision within a period of 15 days prior to the date of the movement and a clinical examination for African swine fever has been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Commission Decision 2003/422/EC(16) on the date of shipment, or

  2. the pigs come from a holding:

    1. that has been subjected at least twice a year, with an interval of at least 4 months, to inspections by the competent veterinary authority, which:

      1. followed the guidelines and procedures laid down in Chapter IV of the Annex to Decision 2003/422/EC;

      2. included a clinical examination and sampling in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Decision 2003/422/EC;

      3. checked the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2002/60/EC;

    2. that implements bio-security requirements for African swine fever as establised by the competent authority.

    3. in which the pigs over the age of 60 days have been subjected to the laboratory testing for African swine fever referred to in paragraph 1.

Article 4 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

By way of derogation from the prohibition provided for in point (c) of Article 2, the Member States concerned may authorise the dispatch 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 provided they are either:

  1. derived from pigs which have been kept since birth in holdings located outside the areas listed in the Annex, and the pig meat, pig meat preparations and pig meat products consisting of, or containing such meat, have been produced, stored and processed in establishments approved in accordance with Article 10; or

  2. have been produced and processed in accordance with Article 4(1) of Directive 2002/99/EC.

Article 5 Derogation from the prohibition on the dispatch of consignments of animal by-products from porcine animals from the areas listed in Part III of the Annex.

Article 6 Prohibition on the dispatch to other Member States and third countries of live pigs from the areas listed in the Annex

Article 7 Prohibition on the dispatch to other Member States and third countries of consignments of porcine semen and ova and embryos of pigs from the areas listed in the Annex

Article 8 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

Article 9 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

Article 10 Approval of slaughterhouses, cutting plants and meat processing establishments for the purposes of Article 4 and Article 9(2)

Article 11 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

Article 12 Information concerning Articles 9 to 11

Article 13 Measures relating to live feral pigs, fresh meat, meat preparations and meat products consisting of or containing meat from feral pigs

Article 14 Special health marks and certification requirements for fresh meat, meat preparations and meat products subject to prohibition referred to in Articles 2, 9 and 13

Article 15 Requirements concerning holdings and transport vehicles in the areas listed in the Annex

Article 16 Information requirements of the Member States concerned

Article 17 Compliance

Article 18 Repeal

Article 19 Applicability

Article 20 Addressees

ANNEX