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 (notified under document C(2020) 122) (Text with EEA relevance)

• Date of Signature: 09 January 2020
• Published date: 10 January 2020
• Official Gazette Publication: Official Journal of the European Union, L 006, 10 January 2020

10.1.2020 EN Official Journal of the European Union L 6/114

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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

(notified under document C(2020) 122)

(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) 2019/2169 (5), following changes in the epidemiological situation in Poland and Slovakia as regards domestic pigs, and further instances of African swine fever in feral pigs in Poland, Lithuania and Hungary

(2) Since the date of adoption of Implementing Decision (EU) 2019/2169, there have been further cases of African swine fever in feral pigs in Poland, and Hungary, and in domestic pigs in Bulgaria. Taking into account the current epidemiological situation in the Union, regionalisation in those three 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 late December 2019, two cases of African swine fever were observed in feral pigs in the districts of żarski and lipski in Poland 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 Poland affected by African swine fever should now be listed in Part II of the Annex to Implementing Decision 2014/709/EU instead of in Part I thereof.

(4) In addition, in late December 2019, several cases of African swine fever in feral pigs were also observed in the districts of grójecki, kraśnicki and niżański 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.

(5) In late December 2019, several cases of African swine fever in feral pigs were also observed in the counties of Békés, Jász-Nagykun-Szolnok and Hajdú-Bihar in Hungary 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 Hungary 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, one outbreak of African swine fever was observed in domestic pigs in the region of Shumen in Bulgaria 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 Bulgaria affected by 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. 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 Poland, Hungary 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, 9 January 2020.

For the Commission

Stella KYRIAKIDES

Member of the Commission

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(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) 2019/2169 of 17 December 2019 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 328, 18.12.2019, p. 97).

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ANNEX

The Annex to Implementing Decision 2014/709/EU is replaced by the following:

‘ANNEX

PART I

1. Belgium

The following areas in Belgium:

in Luxembourg province: the area is delimited clockwise by: Frontière avec la France, Rue Mersinhat, La N818 jusque son intersection avec la N83, La N83 jusque son intersection avec la N884, La N884 jusque son intersection avec la N824, La N824 jusque son intersection avec Le Routeux, Le Routeux, Rue d’Orgéo, Rue de la Vierre, Rue du Bout-d’en-Bas, Rue Sous l’Eglise, Rue Notre-Dame, Rue du Centre, La N845 jusque son intersection avec la N85, La N85 jusque son intersection avec la N40, La N40 jusque son intersection avec la N802, La N802 jusque son intersection avec la N825, La N825 jusque son intersection avec la E25-E411, La E25-E411jusque son intersection avec la N40, N40: Burnaimont, Rue de Luxembourg, Rue Ranci, Rue de la Chapelle, Rue du Tombois, Rue Du Pierroy, Rue Saint-Orban, Rue Saint-Aubain, Rue des Cottages, Rue de Relune, Rue de Rulune, Route de l’Ermitage, N87: Route de Habay, Chemin des Ecoliers, Le Routy, Rue Burgknapp, Rue de la Halte, Rue du Centre, Rue de l’Eglise, Rue du Marquisat, Rue de la Carrière, Rue de la Lorraine, Rue du Beynert, Millewée, Rue du Tram, Millewée, N4: Route de Bastogne, Avenue de Longwy, Route de Luxembourg, Frontière avec le Grand-Duché de Luxembourg, Frontière avec la France, La N87 jusque son intersection avec la N871 au niveau de Rouvroy, La N871 jusque son intersection avec la N88, La N88 jusque son intersection avec la rue Baillet Latour, La rue Baillet Latour jusque son intersection avec la N811, La N811 jusque son intersection avec la N88, La N88 jusque son intersection avecla N883 au niveau d’Aubange,

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