COMMISSION IMPLEMENTING DECISION (EU) 2021/544

of 25 March 2021

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(2021) 2107)

(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) 2021/175 (5), following changes in the epidemiological situation as regards that disease in Germany, Poland and Slovakia.

(2) 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 zone and a 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 the 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 lays down the measures to be taken where African swine fever is confirmed in feral pigs. Recent experience has shown that the 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 and the other measures related to the eradication of that disease from domestic and feral pig populations.

(3) Since the date of adoption of Implementing Decision (EU) 2021/175, there have been new occurrences of African swine fever in feral pigs in Germany, Latvia, Poland and Slovakia and in domestic pigs in Poland. In addition, the epidemiological situation in certain areas of Poland and Bulgaria has improved as regards domestic and feral pigs, due to the measures being applied by these Member States in accordance with Directive 2002/60/EC.

(4) In February 2021, one case of African swine fever in a feral pig was observed in the iławski district in Poland in an area listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to an area currently listed in Part I thereof. This new 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 Poland currently listed in Part I of that Annex, that is in close proximity to the area listed in Part II 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 and the current boundaries of Part I also need to be redefined and enlarged to take account of this recent case.

(5) In addition, in March 2021, one outbreak of African swine fever in domestic pigs was observed in the świebodziński district in Poland in an area currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. This outbreak of African swine fever in domestic pigs constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Poland, affected by this recent outbreak of African swine fever, should now be listed in Part III of the Annex to Implementing Decision 2014/709/EU instead of in Part II thereof.

(6) Additionally, in February and March 2021, several cases of African swine fever in feral pigs were observed in the Roznava, Rimavská Sobota and Vranov nad Toplou districts in Slovakia in areas listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to areas currently listed in Part I thereof. These new 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 Slovakia currently listed in Part I of that Annex, that are in close proximity to the 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 and the current boundaries of Part I also need to be redefined and enlarged to take account of these recent cases.

(7) In addition, in March 2021, one case of African swine fever in a feral pig was observed in the state of Saxony of the federal state of Germany 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 Germany currently 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.

(8) Also, in March 2021, several cases of African swine fever in feral pigs were observed in the state of Brandenburg of the federal state of Germany in areas currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. 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 Germany currently listed in Part I of the Annex to Implementing Decision 2014/709/EU, 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.

(9) In February 2021, one case of African swine fever in a feral pig was observed in the Liepāja novads in Latvia in an area listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to an area currently listed in Part I thereof. This new 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 Latvia currently listed in Part I of that Annex, that is in close proximity to the area listed in Part II 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 and the current boundaries of Part I also need to be redefined and enlarged to take account of this recent case.

(10) Following the recent cases of African swine fever in feral pigs in Latvia, Germany, Poland and Slovakia and in domestic pigs in Poland and taking into account the current epidemiological situation in the Union, regionalisation in these Member States has been reassessed and updated. In addition, the risk management measures in place have also been reassessed and updated. These changes need to be reflected in the Annex to Implementing Decision 2014/709/EU.

(11) Furthermore, taking into account the effectiveness of the measures being applied in Poland in accordance with Directive 2002/60/EC, and in particular those laid down in Article 10(4)(b) and Article 10(5) thereof, and in line with the risk mitigation measures for African swine fever set out in the Terrestrial Animal Health Code of the World Organisation for Animal Health (7) (the OIE Code), certain areas in the Voivodeships of Lubelskie and Warmińsko-Mazurskie in Poland, currently listed in Part III of the Annex to Implementing Decision 2014/709/EU should now be listed instead in Part II of that Annex, due to the absence of African swine fever outbreaks in those areas for the past three months in accordance with the provisions of the OIE Code.

(12) Also, taking into account the effectiveness of the measures being applied in Poland in accordance with Directive 2002/60/EC, and in particular those laid down in Article 10(4)(b) and Article 10(5) thereof, and in line with the risk mitigation measures for African swine fever set out in the OIE Code, certain areas in the Voivodeship of Wielkopolskie in Poland, currently listed in Part III of the Annex to Implementing Decision 2014/709/EU should now be listed instead in Part I of that Annex, due to the absence of African swine fever outbreaks in domestic pigs for the past three months in accordance with the provisions of the OIE Code and due to the absence of any African swine fever occurrences in feral pigs in those areas.

(13) Furthermore, cases of African swine fever in feral pigs have not been observed for more than twelve months in certain areas of the Voivodeship of Mazowieckie in Poland. Taking into account the effectiveness of the overall measures being applied in Poland in accordance with Directive 2002/60/EC, and in particular those laid down in Article 15 thereof, and in line with the risk mitigation measures for African swine fever set out in the OIE Code, these areas in Poland currently listed in Part II of the Annex to Implementing Decision 2014/709/EU where the disease has not occurred for more than twelve months, should now be listed in Part I of that Annex instead of in Part II thereof.

(14) In addition, taking into account the effectiveness of the measures being applied in Bulgaria in accordance with Directive 2002/60/EC, and in particular those laid down in Article 10(4)(b) and Article 10(5) thereof, and in line with the risk mitigation measures for African swine fever set out in the OIE Code, the regions of Dobrich, Razgrad, Blagoevgrad, Kardzhali, Sofia province and Sofia city and the municipality of Aksakovo in the Varna region in Bulgaria, currently listed in Part III of the Annex to Implementing Decision 2014/709/EU should now be listed instead in Part II of that Annex, due to the absence of outbreaks of African swine fever in those areas for the past twelve months in accordance with the provisions of the OIE Code.

(15) In order to take account of recent developments in the epidemiological situation 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, Germany, Poland and Slovakia and duly listed in Parts I, II and III of the Annex to Implementing Decision 2014/709/EU.

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

(17) 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, 25 March 2021. 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) 2021/175 of 12 February 2021 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 52, 15.2.2021, p. 1).

(6) Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ L 192, 20.7.2002, p. 27).

(7) https://www.oie.int/en/standard-setting/terrestrial-code/access-online/