Address https://gelex.eu/eli/EU/decision/2011/78@2011-02-03/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3
   4. Article 4
3. ANNEX
4. ANNEX I Model declaration to be provided by the operator/driver of the livestock vehicle
5. ANNEX II Cleansing and disinfection certificate for livestock vehicles used for the transport of pigs and entering the territory of the Union from Russia

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, and in particular the third indent of Article 22(1) thereof,

Whereas:

(1) African swine fever is a highly contagious virus infection of domestic pigs and wild boars, with the potential for very serious and rapid spread, irrespective of national borders.

(2) Since 2007, Russia has been reporting numerous outbreaks of African swine fever in pigs and wild boars throughout the country.

(3) In January 2011 an outbreak of African swine fever was reported close to the Union border, in the region of Saint Petersburg. The presence of that disease close to the Union border constitutes a serious risk to the livestock population in the Union.

(4) The transporter should ensure that for each vehicle used for the transport of animals a register containing information on cleansing and disinfection is retained for a minimum period of 3 years according to Council Directive 64/432/EEC.

(5) Import of pigs and pig meat products is not permitted from Russia, however the virus causing the disease persists also in a contaminated environment outside the host animal and can be introduced into the Union with vehicles which have transported pigs.

(6) It is therefore necessary to adopt certain protection measures at Union level taking into account the risk of the spread of the disease, virus survival in the environment and potential routes of its transmission. In particular, it is necessary to ensure that vehicles which have transported pigs and which enter the Union from Russia are appropriately cleansed and disinfected.

(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of this Decision, livestock vehicle means any vehicle being used or which has been used for the transport of pigs.

Article 2

Member States shall ensure that the operator or driver of a livestock vehicle on arrival from Russia at the point of entry into the territory of the Union provides information to the competent authority of the Member State showing that the vehicle has been cleansed and disinfected after the last unloading of pigs. That information may be presented in the form of a declaration as set out in Annex I or in another equivalent form. If the information is presented in another form, it shall cover the items set out in that Annex. The original of the declaration shall be kept by the competent authority and its copy by the operator/driver of the livestock vehicle.

Article 3

The competent authority of the Member State of the point of entry into the Union shall check livestock vehicles entering the territory of the Union from Russia, in order to determine whether they have been satisfactorily cleansed and disinfected. If cleansing and disinfection have been satisfactorily carried out, the competent authority shall issue a certificate in accordance with the model set out in Annex II. The original of the certificate shall be kept by the operator/driver of the livestock vehicle and its copy should be kept by the competent authority. If cleansing and disinfection have not been satisfactorily carried out, the competent authority may:

(a) refuse the entry into the territory of the Union of the livestock vehicle; or

(b) subject the livestock vehicle to proper cleansing and disinfection at a place designated by the competent authority, as close as possible to the point of entry into the territory of the Union in the Member State concerned.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 3 February 2011. For the Commission John Dalli Member of the Commission

ANNEX

ANNEX I Model declaration to be provided by the operator/driver of the livestock vehicle

I, the operator/driver of the livestock vehicle …, declare that: (insert number of registration plate)

the most recent unloading of animals took place at: Country, region, place Date (dd.mm.yy) Time (hh:mm)

following unloading, the livestock vehicle was subject to cleansing and disinfection. The cleansing and disinfection included the livestock compartment, loading ramp, the wheels and the driver’s cabin and protective clothes/boots used during unloading. The cleansing and disinfection took place: Country, region, place Date (dd.mm.yy) Time (hh:mm)

the disinfectant has been used at the concentrations recommended by the manufacturer (to indicate the substance and its concentration): … Date Place Signature of the operator/driver Name of operator/driver of the livestock vehicle and its business address (in block letters): …

ANNEX II Cleansing and disinfection certificate for livestock vehicles used for the transport of pigs and entering the territory of the Union from Russia

I, the undersigned official, certify that I have checked:

1. the livestock vehicle(s) with the registration plate(s) … today and by visual control found the loading area satisfactorily cleansed, (insert number(s) of registration plate(s))

2. the information presented in the form of a declaration as set out in Annex I to Commission Decision 2011/78/EU or in another equivalent form covering the items set out in Annex I to Decision 2011/78/EU. Date Time Place Competent authority Signature of the official Stamp: Name in block letters: …

Versions

1. 2011-02-03

Cited by

• Commission Implementing Decision of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2013) 4951) (Text with EEA relevance) (2013/426/EU) Decision · Grade B

  Since the presence of African swine fever was confirmed in Georgia in 2007, Russia has been reporting numerous outbreaks of that disease in pigs and wild boar throughout the European part of its territory. Following the report of an outbreak of African swine fever in the Leningrad region of Russia, bordering Estonia and Finland, Commission Decision 2011/78/EU of 3 February 2011 on certain measures to prevent the trasmission of the African swine fever virus from Russia to the Union was adopted, laying down provisions to prevent the introduction of that disease into the Union.

• Commission Implementing Decision of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2013) 4951) (Text with EEA relevance) (2013/426/EU) Decision · Grade B

  The measures laid down in Decision 2011/78/EU ensure that vehicles which have transported pigs and which enter the Union from infected areas are appropriately cleansed and disinfected. Those measures take into account the risk of spread of the disease considering transmission paths and virus survival in the environment.

• Commission Implementing Decision of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2013) 4951) (Text with EEA relevance) (2013/426/EU) Decision · Grade B

  In June 2013, Belarus reported the confirmation of an outbreak of African swine fever in backyard pigs in the region of Grodno, close to the border with Lithuania and Poland. Considering the vicinity of that region with the Union, there is a high risk of introduction of African swine fever into the Union territory. The measures laid down in Decision 2011/78/EU should therefore also apply with regard to vehicles which enter the Union from Belarus.

• Commission Implementing Decision of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2013) 4951) (Text with EEA relevance) (2013/426/EU) Decision · Grade B

  In the interest of clarity and simplification of Union legislation, Decision 2011/78/EU should be repealed and replaced by this Decision.

• Commission Implementing Decision of 5 August 2013 on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2013) 4951) (Text with EEA relevance) (2013/426/EU) Decision · Grade B

  Decision 2011/78/EU is repealed.

• Commission Decision of 3 February 2011 on certain measures to prevent the transmission of the African swine fever virus from Russia to the Union (notified under document C(2011) 503) (Text with EEA relevance) (2011/78/EU) Decision · Grade B

  the information presented in the form of a declaration as set out in Annex I to Commission Decision 2011/78/EU or in another equivalent form covering the items set out in Annex I to Decision 2011/78/EU. Date Time Place Competent authority Signature of the official Stamp: Name in block letters: …

• Commission Implementing Decision of 12 February 2014 amending Implementing Decision 2013/426/EU on measures to prevent the introduction into the Union of the African swine fever virus from certain third countries or parts of the territory of third countries in which the presence of that disease is confirmed and repealing Decision 2011/78/EU (notified under document C(2014) 715) (Text with EEA relevance) (2014/84/EU) Decision · Grade B

  Due to the African swine fever situation in Russia, the Commission adopted Decision 2011/78/EU establishing measures to prevent the introduction of that disease into the Union. Following the confirmation of an outbreak of African swine fever in Belarus, close to the border with Lithuania and Poland in June 2013, the Commission adopted Implementing Decision 2013/426/EU which repealed and replaced Decision 2011/78/EU.

• Opinion of Advocate General Kokott delivered on 12 November 2015 Joined Cases C‑191/14 and C‑192/14 Borealis Polyolefine GmbH and OMV Refining & Marketing GmbH v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich (Austria)) Case C‑295/14 DOW Benelux BV and Others v Staatssecretaris van Infrastructuur en Milieu (Request for a preliminary ruling from the Raad van State (Netherlands)) and Joined Cases C‑389/14, C‑391/14 to C‑393/14 Esso Italiana Srl and Others v Comitato nazionale per la gestione della direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero dell’Economia e delle Finanze, Presidenza del Consiglio dei Ministri (Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy)) Opinion · Grade B

  The determination of the correction factor via the adoption of Article 4 of, and Annex II to, Decision 2013/448 did not have the effect of amending either Decision 2011/78 or Directive 2003/87. There was no interference with the text of those acts. Indeed, their prescriptive content remained unchanged. Nor have those acts been supplemented. After all, the Commission did not establish the correction factor in Decision 2013/448. It had already been laid down in Directive 2003/87 and was elaborated upon in Decision 2011/278.

• Opinion of Advocate General Mengozzi delivered on 8 March 2016 Cases C‑540/14 P, C‑551/14 P, C‑564/14 P and C‑565/14 P DK Recycling und Roheisen GmbH v European Commission (C‑540/14 P), and Arctic Paper Mochenwangen GmbH v European Commission (C‑551/14 P), and Raffinerie Heide GmbH v European Commission (C‑564/14 P), and Romonta GmbH v European Commission (C‑565/14 P), Opinion · Grade B

  In all the judgments under appeal, in the analysis of the applicants’ pleas in law and arguments concerning the infringement of the principle of proportionality and of fundamental rights by Decision 2011/78, the General Court held as a preliminary point that: An infringement of fundamental rights and of the principle of proportionality by reason of the absence of a hardship clause in the rules on free allocation of emission allowances laid down in Decision 2011/278 cannot be ruled out a priori, since Article 10a of Directive 2003/87, which constitutes the legal basis of that decision, does not