COMMISSION IMPLEMENTING DECISION (EU) 2020/46

of 20 January 2020

amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States

(notified under document C(2020) 342)

(Text with EEA relevance)

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 checks applicable in intra-Union 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 the 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) 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 need to be reflected in that Annex. The Annex to Implementing Decision 2014/709/EU was last amended by Commission Implementing Decision (EU) 2020/15 (5), following instances of African swine fever in pigs in Bulgaria, Hungary and Poland.

(2) Since the date of adoption of Implementing Decision (EU) 2020/15, further cases of African swine fever in feral pigs in Belgium, Lithuania and Poland and in domestic pigs in Bulgaria need to be addressed. Taking into account the current epidemiological situation in the Union, regionalisation in those four Member States has been reassessed and updated. In addition, the risk management measures in place also have been reassessed and updated. These changes also need to be reflected in the Annex to Implementing Decision 2014/709/EU.

(3) In December 2019, one case of African swine fever in a feral pig was observed in the province of Luxembourg in Belgium in an area currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. This case of African swine fever in a feral pig constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Belgium listed in Part I of the Annex to Implementing Decision 2014/709/EU affected by this recent case of African swine fever should now be listed in Part II of that Annex instead of in Part I thereof.

(4) In January 2020, a few new cases of African swine fever in feral pigs were observed in the districts of Plungės and Skuodo in Lithuania in areas currently listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to areas listed in Part I thereof. These cases of African swine fever in feral pigs constitute an increased level of risk, which should be reflected in that Annex. Accordingly, these specific areas of Lithuania listed in Part I of the Annex to Implementing Decision 2014/709/EU that are in close proximity to areas listed in Part II affected by these recent cases of African swine fever should now be listed in Part II of that Annex instead of in Part I thereof.

(5) In January 2020, several new cases of African swine fever in feral pigs were observed in the districts of zielonogórski and wschowski in Poland in areas currently listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to areas listed in Part I thereof. These cases of African swine fever in feral pigs constitute an increased level of risk, which should be reflected in that Annex. Accordingly, these areas of Poland listed in Part I of the Annex to Implementing Decision 2014/709/EU that are in close proximity to areas listed in Part II affected by these recent cases of African swine fever should now be listed in Part II of that Annex instead of in Part I thereof.

(6) In January 2020, several outbreaks of African swine fever were observed in domestic pigs in the regions of Gabrovo and Sliven in Bulgaria in an area currently listed in Part II of the Annex to Implementing Decision 2014/709/EU, and in the region of Varna in an area currently listed in Part III located in close proximity to areas listed in Part II thereof. These outbreaks of African swine fever in domestic pigs constitute an increased level of risk, which should be reflected in that Annex. Accordingly, that area of Bulgaria currently listed in Part II that is affected by outbreaks, and that area currently listed in Part II that is in close proximity to the area listed in Part III affected by outbreaks, should now be listed in Part III of the Annex to Implementing Decision 2014/709/EU instead of in Part II thereof. Given that Part III of the Annex to Implementing Decision 2014/709/EU lists the areas where the epidemiological situation is still evolving and very dynamic, when any amendments are made to areas listed in that Part, particular consideration must always be given to the effect on the surrounding areas, as has been done in this instance.

(7) 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 Belgium, Lithuania, Poland and Bulgaria and duly listed in Parts I, II and III of the Annex to Implementing Decision 2014/709/EU. The Annex to Implementing Decision 2014/709/EU should therefore be amended accordingly.

(8) Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that the amendments made to the Annex to Implementing Decision 2014/709/EU by this Decision should take effect as soon as possible.

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

HAS ADOPTED THIS DECISION:

Article 1 The Annex to Implementing Decision 2014/709/EU is replaced by the text set out in the Annex to this Decision.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 20 January 2020. For the Commission Stella KYRIAKIDES Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 224, 18.8.1990, p. 29.

(3) OJ L 18, 23.1.2003, p. 11.

(4) Commission Implementing Decision 2014/709/EU of 9 October 2014 concerning animal health control measures relating to African swine fever in certain Member States and repealing Implementing Decision 2014/178/EU (OJ L 295, 11.10.2014, p. 63).

(5) Commission Implementing Decision (EU) 2020/15 of 9 January 2020 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (OJ L 6, 10.1.2020, p. 114).