THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and in particular Article 220(1)(a) thereof,
Whereas:
(1)
Between 1 August and 30 September 2016 a series of outbreaks of African swine fever related to the human factor were confirmed and notified to the Commission by Poland. The epidemic was particularly severe because the virus circulation was confirmed at several holdings with domestic pigs in a relatively wide geographic area.
(2)
Poland immediately took the necessary animal health measures in accordance with Council Directive 2002/60/EC, which lays down the minimum measures to be applied within the Union for the control of African swine fever. In particular, Poland took control, monitoring and preventive measures in accordance with Commission Implementing Decision 2014/709/EU as amended by Commission Implementing Decisions (EU) 2016/1236, (EU) 2016/1372, (EU) 2016/1405 and (EU) 2016/1900 and established protection and surveillance zones in accordance with Commission Implementing Decisions (EU) 2016/1367 and (EU) 2016/1406.
(3)
Furthermore, with a view to preventing the spread of African swine fever and in order to prevent any further disturbance of trade within Poland and abroad, Poland implemented some additional preventive measures in the areas concerned. In particular, the movement and transport of pigs has been subject to stricter surveillance measures and the marketing of pigs has been subject to restrictions within the domestic market beyond those established in Implementing Decision 2014/709/EU.
(4)
In applying those measures, Poland managed to prevent the further spread of the disease. The Union and national health measures were applied until 18 November 2016 in all relevant holdings.
(5)
Poland informed the Commission that those measures affected a very large number of pig holdings and that the producers concerned suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council. On 4 November 2016, the Commission received a formal request from Poland for part-financing of certain exceptional support measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013.
(6)
For the pigs reared in the areas concerned, the aid should be granted only as regards animals slaughtered. The aid amount to be paid for the animals slaughtered should be expressed as an amount per kilogram for a limited number of animals. The aid amount should be set taking into account prices as collected by Poland as well as information from invoices as regards the prices actually paid to producers from areas under animal health measures.
(7)
In view of the information provided by Poland, the maximum number of animals eligible for financing should be fixed on the basis of the request received from that Member State.
(8)
To avoid any risk of double funding, losses suffered should not have been compensated by state aids or insurances and the aid should be limited to eligible animals for which no Union financial contribution has been received under Regulation (EU) No 652/2014.
(9)
Provision should be made for the competent authorities in Poland to take all necessary measures and carry out all checks required and to inform the Commission accordingly. In particular, those checks should include ex-ante checks as regards the eligibility and the correctness of the application for aid.
(10)
The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of pigs in the holdings located in the relevant delimited areas subject to the animal health measures laid down in Union and Polish legislation relevant to the outbreaks of African swine fever, in the period from 1 August to 18 November 2016.
(11)
Restrictions on the movement and transport of pigs have applied for several weeks in the areas concerned and this situation has led to market disturbance, an important price reduction and losses for producers, as well as to a substantial increase in the animals' weight, which has consequently brought about an intolerable animal welfare situation. Therefore, the measures provided for in this Regulation should cover the animals delivered to a slaughterhouse from 1 August to 30 November.
(12)
For the sake of a sound budgetary management of these exceptional market support measures and of a timely payment to the producers, Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 should not be applicable and payments made by Poland to the beneficiaries after 30 September 2017 should not be eligible for Union part-financing.
(13)
To allow the Union to perform its financial control, Poland should communicate to the Commission the clearance of the payments.
(14)
Since the restrictions related to the outbreaks of African swine fever came into force at different dates in the areas concerned and since this Regulation does not provide for a deadline for the submission of the applications for aid, it is appropriate to consider the date of entry into force of this Regulation as the date referred to in Article 29(4) of Delegated Regulation (EU) No 907/2014.
(15)
In order to ensure an immediate implementation of these measures by Poland, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.
(16)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION: