(1)

Regulation (EU) No 576/2013 lays down rules applicable to the non-commercial movement of dogs, cats and ferrets into Member States. Article 19 provides, in particular, for the application of preventive health measures to ensure the control of diseases and infections other than rabies that are likely to be spread due to the movement of those animals.

(2)

Article 19 of Regulation (EU) No 576/2013 also provides for the adoption of rules for the categorisation of Member States, or parts thereof, according to their animal health status and their surveillance and reporting systems with regard to certain diseases or infections other than rabies. Member States, or parts thereof, that comply with those categorisation rules may be included in a list to be adopted under Article 20 of that Regulation.

(3)

Pursuant to Article 19(1) of Regulation (EU) No 576/2013, the Commission has adopted Delegated Regulation (EU) 2018/772 (2) authorising the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs, laying down the rules for the categorisation of Member States, or parts thereof, with regard to that infection, and establishing the conditions that Member States must fulfil in order to remain eligible to apply those preventive health measures.

(4)

The categorisation rules laid down in Delegated Regulation (EU) 2018/772 include the conditions that Member States are to fulfil in order to demonstrate either that wild red foxes are absent from the whole of their territory or else, if wild definitive host animals likely to harbour the Echinococcus multilocularis parasite are present in the whole or parts of their territory, that there has been no occurrence of Echinococcus multilocularis infection recorded in those animals. Member States or parts thereof listed under Article 20 of Regulation (EU) No 576/2013 as complying with those categorisation rules are eligible to apply the preventive health measures specified in Delegated Regulation (EU) 2018/772.

(5)

Delegated Regulation (EU) 2018/772 is intended to replace Commission Delegated Regulation (EU) No 1152/2011 (3), which contains similar preventive health measures for the control of Echinococcus multilocularis infection in dogs and lists Finland, Ireland, Malta and the United Kingdom as the Member States authorised to apply those measures. Finland, Ireland, Malta and the United Kingdom have remained eligible to apply those preventive health measures in accordance with the conditions established in Delegated Regulation (EU) No 1152/2011 on the basis of continuous evidence of the absence of the Echinococcus multilocularis parasite in their wild definitive host populations or, in the case of Malta, on the basis of evidence that there is no suitable wild definitive host population on the island and the Echinococcus multilocularis parasite has never been recorded in domestic definitive host animals.

(6)

The wild red fox is described as a species not present in any part of Malta according to the International Union for Conservation of Nature. On that basis and on the basis of the evidence referred to in recital (5), Malta is deemed to comply with the rules for categorisation laid down in Article 2(2) of Delegated Regulation (EU) 2018/772 for the whole of its territory. Malta should therefore be listed as complying with those categorisation rules for the whole of its territory.

(7)

A wild definitive host population likely to harbour the Echinococcus multilocularis parasite, namely a red fox population, is present in the whole of Finland, Ireland and the United Kingdom. Since 1 January 2012, all three Member States have been implementing pathogen-specific surveillance programmes for their red fox populations in accordance with the requirements of Delegated Regulation (EU) No 1152/2011 and, in each case, no occurrence of the Echinococcus multilocularis infection has been recorded in those populations. Any occurrences of the infection are compulsorily notifiable under their national law. Finland, Ireland and the United Kingdom are therefore deemed to comply with the rules for categorisation laid down in Article 2(3) of Delegated Regulation (EU) 2018/772 for the whole of their territory. Finland, Ireland and the United Kingdom should therefore be listed as complying with those categorisation rules for the whole of their territory.

(8)

Delegated Regulation (EU) 2018/772 provides for the repeal of Delegated Regulation (EU) No 1152/2011 with effect from 1 July 2018. In order to avoid any gap in the application of preventive health measures with respect to dogs entering Finland, Ireland, Malta and the United Kingdom, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union and should apply from 1 July 2018.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

The terms of office of 14 Judges and five Advocates-General of the Court of Justice are due to expire on 6 October 2018. Appointments to these posts should therefore be made for the period beginning on 7 October 2018.

(2)

The term of office of these Judges and Advocates-General is six years.

(3)

Mr Irmantas JARUKAITIS and Mr Peter George XUEREB have been nominated for the post of Judge of the Court of Justice.

(4)

The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of these candidates to perform the duties of Judges of the Court of Justice and the General Court,

—

Mr Irmantas JARUKAITIS,

—

Mr Peter George XUEREB.

(1)

On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).

(2)

The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implementing its non-recognition policy.

(3)

On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2019.

(4)

Decision 2014/386/CFSP should therefore be amended accordingly,

(1)

On 17 February 2005, the Convention on access to information, public participation in decision-making and access to justice in environmental matters (2) (‘the Aarhus Convention’) was approved, on behalf of the European Community, by way of Council Decision 2005/370/EC (3). The Aarhus Convention contributes to the Union's environmental policy objectives, as laid down in Article 191 TFEU.

(2)

The Union implemented the obligations of the Aarhus Convention with regard to its institutions and bodies, in particular by way of Regulation (EC) No 1367/2006 of the European Parliament and of the Council (4).

(3)

In line with the non-confrontational, non-jurisdictional and consultative nature of the system of compliance review provided for in Article 15 of the Aarhus Convention, the Aarhus Convention Compliance Committee (‘the Committee’) was established. The Committee has the competence to review the Parties' compliance with the Aarhus Convention.

(4)

On 17 March 2017, the Union received the findings of the Committee in case ACCC/C/2008/32 regarding access to justice at Union level (‘the findings’). In paragraph 123 of the findings, the Committee reached the conclusion that ‘the Party concerned fails to comply with Article 9, paragraphs 3 and 4, of the Convention with regard to access to justice by members of the public because neither the Aarhus Regulation, nor the jurisprudence of the CJEU implements or complies with the obligations arising under those paragraphs’. On the basis of the findings, the Bureau of the Aarhus Convention prepared draft decision VI/8f concerning compliance by the European Union with its obligations under the Convention (‘draft decision VI/8f’).

(5)

On 17 July 2017, the Council adopted Decision (EU) 2017/1346 (5) on the position to be taken by the Union at the sixth session of the Meeting of the Parties to the Aarhus Convention (‘MoP’) with regard to draft decision VI/8f. The Union's position was to accept draft decision VI/8f subject to a number of amendments thereto.

(6)

On 14 September 2017, at the sixth session of the MoP held in Budva, Montenegro, the MoP discussed, inter alia, draft decision VI/8f but did not agree with the Union proposals to amend it in line with Decision (EU) 2017/1346. In the absence of agreement, the MoP decided to postpone the discussion on this draft decision until its next ordinary session in 2021.

(7)

The Budva Declaration on Environmental Democracy for Our Sustainable Future, also adopted by the MoP on 14 September 2017, calls on the Parties to, and signatories of, the Aarhus Convention to provide effective and equal access to justice for all in line with the requirements of the Aarhus Convention.

(8)

On 15 and 16 November 2017 respectively, the European Parliament adopted a Resolution on an Action Plan for nature, people and the economy, and a Resolution on the EU Environmental Implementation Review (EIR) which both call, inter alia, on the Commission to submit a new legislative proposal reviewing Regulation (EC) No 1367/2006, in order to take account of the Committee recommendation regarding case ACCC/C/2008/32.

(9)

At the sixth session of the MoP, the Union expressed its willingness to explore ways and means to comply with the Aarhus Convention in a way that is compatible with the fundamental principles of the Union legal order and with its system of judicial review. The Union should take concrete steps in that direction, by requesting the Commission to submit a study on the Union's options for addressing the findings of the Committee in case ACCC/C/2008/32. It appears possible to amend Regulation (EC) No 1367/2006 in such a way that the Union's system of judicial review would not be altered, in particular by widening the category of Union acts in respect of which internal review could be requested.

(10)

The Union continues to fully support the important objectives of the Aarhus Convention,

(1)

On 18 April 2016, the Council adopted Decision (CFSP) 2016/608 (1), which provided for an extension of the validity of the national permits of certain Palestinians for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP (2) for a further period of 24 months.

(2)

The Republic of Cyprus should be added to the list of Member States referred to in Article 2 of Common Position 2002/400/CFSP.

(3)

On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers that the validity of those permits be extended for a further period of 24 months,

(1)

Article 1 is replaced by the following:

(2)

Article 2 is replaced by the following:

(1)

Commission Implementing Decision 2014/709/EU (4) 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 (5).

(3)

Council Directive 2002/60/EC (6) 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 (7) and (EU) 2018/835 (8) 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 (9) 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 (10) 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,