Introductory text

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^f1, 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^f2, 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^f3, and in particular Article 4(3) thereof,

Whereas:

Commission Implementing Decision 2014/709/EU^f4 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) 2020/1283^f5, following changes in the epidemiological situation as regards that disease in Slovakia.

Since the date of adoption of Implementing Decision (EU) 2020/1283, there have been new occurrences of African swine fever in domestic pigs in Poland and the first occurrence of African swine fever in a feral pig in Germany.

In September 2020, two outbreaks of African swine fever in domestic pigs were observed in the districts of nowotomyski and in niżański in Poland in areas currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. These outbreaks of African swine fever in domestic pigs constitute an increased level of risk, which should be reflected in that Annex. Accordingly, these areas of Poland listed in Part II of that Annex affected by these recent outbreaks of African swine fever, should now be listed in Part III of that Annex instead of in Part II thereof.

In addition, in September 2020, one outbreak of African swine fever in domestic pigs was observed in the district of kaliski in Poland in an area currently not listed in 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 not listed in that Annex affected by this recent outbreak of African swine fever, should now be listed in Part III thereof.

In September 2020, several cases of African swine fever in feral pigs were observed in the state of Brandenburg of the federal state of Germany and Commission Implementing Decision (EU) 2020/1270^f6 was adopted following the establishment of an infected area in Germany, in accordance with Article 15 of Directive 2002/60/EC. These cases of African swine fever in feral pigs in Germany are located in close proximity to an area in Poland 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, this area of Poland listed in Part I of that Annex, that is in close proximity to the infected area in Germany should now be listed in Part II of that Annex.

Following the recent outbreaks of African swine fever in domestic pigs in Poland and the cases of that disease in feral pigs in Germany close to 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.

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 II and III of the Annex to Implementing Decision 2014/709/EU. 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. Parts I, II and III of that Annex should therefore be amended accordingly.

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.

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: