(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 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.

(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 (5). 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.

(4)

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 and Commission Implementing Decision 2014/442/EU (7) approved the plans for the eradication of African swine fever in feral pigs in certain areas of Lithuania and Poland.

(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 (8). 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 (9).

(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 (10) and Commission Decision 93/444/EEC (11) 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.

(15)

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

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

(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,

(a)

the dispatch of live pigs from the areas listed in Parts II, III and IV of the Annex;

(b)

the dispatch of consignments of porcine semen, ova and embryos from the areas listed in Parts III and IV of the Annex;

(c)

the dispatch of consignments of pig meat, pig meat preparations, pig meat products and any other products containing such meat from the areas listed in Parts III and IV of the Annex;

(d)

the dispatch of consignments of animal by-products from porcine animals from the areas listed in Parts III and IV of the Annex.

1.

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 from the areas listed in Parts II, III and IV of the Annex during a period of at least 30 days prior to the date of the movement, and

2.

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 (15) on the date of dispatch, or

3.

the pigs come from a holding:

1.

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 from the areas listed in Parts II, III and IV of the Annex during a period of at least 30 days prior to the date of the movement;

2.

the pigs comply with the requirements laid down in paragraph 1 and in paragraph 2 or paragraph 3 of Article 3;

3.

the pigs are transported for immediate slaughter directly, without stopping or unloading, to a slaughterhouse approved in accordance with Article 12 and specifically designated by the competent authority for that purpose;

4.

the competent authority responsible for the slaughterhouse has been informed by the dispatching competent authority of the intention to send the pigs and notifies the dispatching competent authority of their arrival;

5.

on arrival at the slaughterhouse, these pigs are kept and slaughtered separately from other pigs and are slaughtered on a specific day in which only these pigs from the areas listed in Part III of the Annex are slaughtered;

6.

the transport of the pigs to the slaughterhouse within and through areas outside of the areas listed in Part III of the Annex is carried out along predefined transport routes and the vehicles used for transporting those pigs are cleaned, if necessary disinsectised, disinfected as soon as possible after unloading;

7.

the Member States concerned ensures that the fresh pig meat, pig meat preparations and pig meat products obtained from those pigs:

8.

the Member States concerned ensures that the animal by-products from those pigs are subjected to a treatment in a channelled system approved by the competent authority which ensures that the derived product obtained from those pigs poses no risks as regards African swine fever;

9.

the Member States concerned immediately informs the Commission of the granting of the derogation according to this Article and notifies the name(s) and address(es) of the slaughterhouse(s) approved under this Article.

(a)

derived from pigs which have been kept since birth in holdings located outside the areas listed in Parts II, III or IV of 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 12; or

(b)

derived from pigs that comply with the requirements laid down in paragraph 1 and paragraph 2 or paragraph 3 of Article 3 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 12; or

(c)

have been produced and processed in accordance with Article 4(1) of Directive 2002/99/EC in establishments approved in accordance with Article 12.

(a)

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 12; or

(b)

have been produced and processed in accordance with Article 4(1) of Directive 2002/99/EC in establishments approved in accordance with Article 12.

(a)

porcine semen, unless the semen originates from boars kept at an approved collection centre as referred to in Article 3(a) of Council Directive 90/429/EEC (19) and situated outside the areas listed in Parts II, III and IV of the Annex to this Decision;

(b)

ova and embryos of animals of the porcine species, unless the ova and embryos originate from donor sows kept in holdings which comply with Article 8(2) and are situated outside the areas listed in Parts II, III and IV of the Annex and the embryos are conceived or produced with semen in compliance with the conditions laid down in point (a).

(a)

have been produced and processed in compliance with Article 4(1) of Directive 2002/99/EC;

(b)

are subjected to veterinary certification in accordance with Article 5 of Directive 2002/99/EC;

(c)

are accompanied by the appropriate intra-Union trade health certificate as set out in the Annex to Regulation (EC) No 599/2004 and of which Part II shall be completed by the following:

‘Products in accordance with Commission Implementing Decision 2014/709/EU of 9 October 2014 concerning animal health control measures relating to African swine fever in certain Member States (*2).

(*2)   OJ L 295, 11.10.2014, p. 63.’ "

(a)

the identification mark for meat preparations and meat products consisting of, or containing pig meat, as set out in Section I of Annex II to Regulation (EC) No 853/2004;

(b)

the health mark for fresh pig meat as set out in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.

(a)

the conditions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2002/60/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;

(b)

vehicles which have been used for the transport of pigs or animal by-products from porcine animals originating from holdings located within the areas listed in the Annex to this Decision are cleansed and disinfected immediately following each operation and the transporter provides and carries in the vehicle proof of such cleansing and disinfection.