Commission Delegated Regulation (EU) 2018/772 of 21 November 2017 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs, and repealing Delegated Regulation (EU) No 1152/2011 (Text with EEA relevance. )
Commission Delegated Regulation (EU) 2018/772of 21 November 2017supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs, and repealing Delegated Regulation (EU) No 1152/2011(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003OJ L 178, 28.6.2013, p. 1., and in particular the first subparagraph of Article 19(1) thereof,Whereas:(1)Regulation (EU) No 576/2013 lays down animal health requirements applicable to the non-commercial movement of pet animals. In particular, it lays down rules applicable to non-commercial movements into Member States of dogs, cats and ferrets. It also provides, where necessary, for preventive health measures to be adopted by means of delegated acts for controlling diseases or infections other than rabies that are likely to be spread due to movements of those animals. Those measures are to be based on adequate, reliable and validated scientific information and are to be applied proportionately to the risk to public or animal health of spreading those diseases or infections via cross-border movements of dogs, cats or ferrets.(2)In addition, the categorisation of Member States in view of their eligibility to apply those preventive health measures is to be based on compliance with certain requirements with respect to the animal health status of the country and the surveillance and reporting systems with regard to certain diseases or infections other than rabies.(3)Regulation (EU) No 576/2013 also provides that dogs, cats or ferrets moved into Member States are to be accompanied by an identification document attesting, inter alia, compliance with any preventive health measures for diseases or infections other than rabies adopted pursuant to that Regulation.(4)Echinococcus multilocularis infection in dogs falls under the category of diseases or infections other than rabies that require preventive health measures for its control to be adopted by the Commission by means of a delegated act in accordance with Regulation (EU) No 576/2013. Echinococcus multilocularis is a tapeworm which in its larval stage causes alveolar echinococcosis, a zoonotic disease considered as one of the most severe human parasitic diseases in non-tropical areas. Where the disease is established, the typical transmission cycle of the parasite in Europe involves wild carnivores, notably red foxes, as definitive hosts and small rodents, as intermediate hosts.(5)Domestic dogs and cats having access to outdoors may sporadically contract the infection when predating on infected rodents. However, current knowledge suggests that the contribution of cats to the Echinococcus multilocularis life cycle is low, and there are no reports of ferrets being definitive hosts. Echinococcus multilocularis infection in animals has so far not been detected, despite ongoing surveillance, in definitive hosts in Ireland, Malta, Finland and the United Kingdom.(6)Since the movement of domestic definitive hosts with a pre-patent or patent infection is considered an important introduction pathway, the treatment of dogs prior to entry into countries where no findings of the parasite have been recorded and where appropriate definitive and intermediate hosts exist to support the Echinococcus multilocularis cycle is recommended in order to mitigate the risk of introducing the infection into such countries through the movement of dogs.(7)The Commission adopted Delegated Regulation (EU) No 1152/2011Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (OJ L 296, 15.11.2011, p. 6). pursuant to Regulation (EC) No 998/2003 of the European Parliament and of the CouncilRegulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ L 146, 13.6.2003, p. 1). in order to ensure continuous protection of Ireland, Malta, Finland and the United Kingdom that claimed to be free of the parasite Echinococcus multilocularis as a result of applying national rules until 31 December 2011 in accordance with Article 16 of Regulation (EC) No 998/2003. Delegated Regulation (EU) No 1152/2011 has remained in force after Regulation (EC) No 998/2003 was repealed and replaced by Regulation (EU) No 576/2013.(8)Delegated Regulation (EU) No 1152/2011 provides that the Commission is to review that Regulation no later than 5 years following the date of its entry into force, in the light of scientific developments regarding Echinococcus multilocularis infection in animals, and to submit the results of its review to the European Parliament and to the Council. The review is in particular to assess the proportionality and the scientific justification of the preventive health measures. In this respect, the Commission asked for the opinion of the European Food Safety Authority (EFSA)http://www.efsa.europa.eu/sites/default/files/scientific_output/files/main_documents/4373.pdf(9)The results of the Commission's review show that Delegated Regulation (EU) No 1152/2011 provides an adequate framework for the effective protection of Member States claiming freedom from Echinococcus multilocularis parasite. For that reason the main provisions of Delegated Regulation (EU) No 1152/2011 should be taken into account in this Regulation. In particular, the timely and documented treatment of dogs with an effective approved or licensed medicinal product prior to movement into the territory of Member States which have demonstrated continuous absence of the parasite or of those Member States with low prevalence which have implemented for a strictly limited period of time a programme for the eradication of the parasite in the suitable animal population, as well as the conditions for granting derogations from that treatment, should be incorporated in this Regulation.(10)Moreover, according to EFSA's opinion on Echinococcus multilocularis infection in animalshttp://www.efsa.europa.eu/sites/default/files/scientific_output/files/main_documents/4373.pdf, there is no evidence that dogs can maintain the Echinococcus multilocularis life cycle in the absence of red foxes. Therefore, in Member States where the dog is reported as the only candidate definitive host, the Echinococcus multilocularis infection cannot become established.(11)However, the introduction of contaminated dog faeces through the movement of dogs from endemic areas into Member States where the infection cannot become established constitutes a risk of human infection which otherwise would not exist in that location and which can be mitigated by the application of preventive health measures on dogs entering such Member States. In order to be eligible for such preventive health measures, Member States claiming absence of red foxes likely to harbour the Echinococcus multilocularis parasite should however provide regular evidence of that absence by implementing a programme for the early detection of the presence of red foxes in any part of the Member State.(12)The review also highlights the importance of surveillance activities to be implemented in Member States claiming freedom from the parasite. The review found that certain aspects regarding the surveillance activities should be reconsidered. Therefore, the existing rules in Delegated Regulation (EU) No 1152/2011 on surveillance activities should be adapted accordingly.(13)Article 14(1) of Council Directive 92/65/EECCouncil Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54). sets out certain elements regarding the documentation to be provided for the recognition of a compulsory programme of a Member State for the eradication of the disease. Provision should be made in order to include those elements in this Regulation.(14)The Terrestrial Animal Health Code of the World Organisation for Animal Health should be used for the declarations by Member States which claim that their territory is free of Echinococcus multilocularis parasite.(15)The models of animal identification documents should be used for documenting the preventive health measures.(16)To ensure legal certainty it is necessary to repeal Delegated Regulation (EU) No 1152/2011,HAS ADOPTED THIS REGULATION: