COMMISSION IMPLEMENTING DECISION (EU) 2020/1402

of 5 October 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) 6914)

(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) 2020/1330 (5), following changes in the epidemiological situation as regards that disease in Poland.

(2) Since the date of adoption of Implementing Decision (EU) 2020/1330, there have been new occurrences of African swine fever in feral pigs in Poland, and in Germany close to the border with Poland.

(3) In late September 2020, one case of African swine fever in a feral pig was observed in the district of obornicki in Poland in an area currently not listed in 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 not listed in that Annex affected by this recent case of African swine fever, should now be listed in Parts I and II thereof.

(4) Also in late September 2020, one case of African swine fever in a feral pig was observed in the district of sokołowski in Poland in an area currently 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 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 listed in Part I of that Annex, that is in close proximity to an 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.

(5) In addition, in late September 2020, one case of African swine fever in a feral pig was observed the municipality of Bleyen-Genschmar in Germany and Commission Implementing Decision (EU) 2020/1391 (6) was adopted following the establishment of an infected area in Germany, in accordance with Article 15 of Directive 2002/60/EC. This case of African swine fever in a feral pig in Germany is located in close proximity to an area in Poland currently not listed in 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 not listed in the Annex to Implementing Decision 2014/709/EU, that is in close proximity to the area in Germany affected by this recent case of African swine fever, should now be listed in Part I of that Annex.

(6) Following the recent cases of African swine fever in feral pigs in Poland and in Bleyen-Genschmar in Germany close to the border with Poland, and taking into account the current epidemiological situation in the Union, regionalisation in Poland 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.

(7) 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 and duly listed in Parts I and II of the Annex to Implementing Decision 2014/709/EU.

(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 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, 5 October 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) 2020/1330 of 24 September 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 312, 25.9.2020, p. 7).

(6) Commission Implementing Decision (EU) 2020/1391 of 2 October 2020 concerning certain protective measures relating to African swine fever in Germany (OJ L 321, 5.10.2020, p. 5).