COMMISSION IMPLEMENTING DECISION (EU) 2021/123

of 2 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

(notified under document C(2021) 761)

(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) 2021/39 (5), following changes in the epidemiological situation as regards that disease in 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. 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 pig populations.

(3) Since the date of adoption of Implementing Decision (EU) 2021/39, there have been new occurrences of African swine fever in feral pigs in Poland, Slovakia and Germany.

(4) In addition, the epidemiological situation in certain areas of Slovakia has improved as regards domestic pigs, due to the measures being applied by this Member State in accordance with Directive 2002/60/EC.

(5) In January 2021, several cases of African swine fever in feral pigs were observed in the gorzowski and myśliborski districts in Poland 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 Poland 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.

(6) Additionally, in January 2021, one case of African swine fever in a feral pig was observed in the szydłowiecki district in Poland 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 Poland 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.

(7) In addition, in January 2021, several cases of African swine fever in feral pigs were observed in the Bardejov and Spišská Nová 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.

(8) Additionally, in January 2021, one case of African swine fever in a feral pig was observed in the Prešov district in Slovakia 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 Slovakia 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.

(9) Also, in January 2021, one case of African swine fever in a feral pig was observed in the Görlitz Landkreis in the state of Saxony of Germany in an area 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. .

(10) Following the recent cases of African swine fever in feral pigs in Poland, Slovakia and Germany 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) Also, taking into account the effectiveness of the measures being applied in Slovakia 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 the OIE Code, certain areas in the districts of Michalovece, Sobrance, Kosice-okolie, Roznava and Gelnica in Slovakia, 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, in view of the expiry of the period of three months from the date of the final cleaning and disinfection of the infected holdings and 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) 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 Poland, Slovakia and Germany and duly listed in Parts I and II of the Annex to Implementing Decision 2014/709/EU.

(13) 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.

(14) 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, 2 February 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) 2021/39 of 18 January 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 16, 19.1.2021, 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).