Commission Implementing Regulation (EU) 2021/902 of 3 June 2021 amending Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/902of 3 June 2021amending Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ("Animal Health Law")OJ L 84, 31.3.2016, p. 1., and in particular Article 71(3) thereof,Whereas:(1)African swine fever is an infectious viral disease affecting kept and wild porcine animals and can have a severe impact on the concerned animal population and the profitability of farming causing disturbance to movements of consignments of those animals and products thereof within the Union and exports to third countries.(2)Commission Implementing Regulation (EU) 2021/605Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (OJ L 129, 15.4.2021, p. 1). was adopted within the framework of Regulation (EU) 2016/429, and it lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States listed in Annex I thereto (the Member States concerned), in restricted zones I, II and III listed in that Annex.(3)Implementing Regulation (EU) 2021/605 lays down, inter alia, certain obligations on operators with regard to movements of consignments of meat products obtained from porcine animals, including casings, from restricted zones I, II and II. In particular, Article 19(4), point (a), of that Regulation provides that operators are only to move consignments of processed meat products, including casings, obtained from porcine animals kept in areas outside restricted zones I, II and III and processed in restricted zones I, II and III outside those zones provided that those products of animals origin have undergone the relevant risk-mitigating treatment set out in Annex VII to Commission Delegated Regulation (EU) 2020/687Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed disease (OJ L 174, 3.6.2020, p. 64).. However, movements of such consignments outside restricted zones I, II and III represent a much lower risk for the spread of African swine fever than movements of consignments of processed meat products obtained from porcine animal kept in restricted zones I, II and III. Therefore, the relevant risk-mitigating treatments set out in Annex VII to Delegated Regulation (EU) 2020/687 should not be required for movements outside restricted zones I, II and III of consignments of meat products, including casings, obtained from porcine animals that have been kept in areas outside those restricted zones, as it not proportionate to the animal health risks involved. Therefore, Article 19(4) of Regulation (EU) 2021/605 should be amended accordingly.(4)Furthermore, the areas listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2021/605 are based on the epidemiological situation of African swine fever in the Union. Annex I to Implementing Regulation (EU) 2021/605 was last amended by Commission Implementing Regulation (EU) 2021/811Commission Implementing Regulation (EU) 2021/811 of 20 May 2021 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 180, 21.5.2021, p. 114). following changes in the epidemiological situation as regards that disease in Poland and Slovakia.(5)Any amendments to restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2021/605 should be based on the epidemiological situation as regards African swine fever in the areas affected by that disease and the overall epidemiological situation of African swine fever in the Member State concerned, the level of risk for the further spread of that disease, as well as scientifically based principles and criteria for geographically defining zoning due to African swine fever and the Union’s guidelines agreed with the Member States at the Standing Committee on Plants, Animals, Food and Feed and publicly available on Commission’s websiteWorking Document SANTE/7112/2015/Rev. 3 "Principles and criteria for geographically defining ASF regionalisation". https://ec.europa.eu/food/animals/animal-diseases/control-measures/asf_en. Such amendments should also take account of international standards, such as the Terrestrial Animal Health CodeOIE Terrestrial Animal Health Code, 28th Edition, 2019. ISBN of volume I: 978-92-95108-85-1; ISBN of volume II: 978-92-95108-86-8. https://www.oie.int/standard-setting/terrestrial-code/access-online/ of the World Organisation for Animal Health and justifications for zoning provided by the competent authorities of the Member States concerned.(6)There have been new outbreaks of African swine fever in wild porcine animals in Slovakia and Poland.(7)In May 2021, several outbreaks of African swine fever in wild porcine animals were observed in the kaliski and gryfiński districts in Poland in areas currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2021/605. These new outbreaks of African swine fever in wild porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, those areas of Poland currently listed as restricted zones I in that Annex affected by those recent outbreaks of African swine fever, should now be listed as restricted zones II in that Annex instead of as restricted zones I.(8)In May 2021, one outbreak of African swine fever in a wild porcine animals was observed in the żagański district in Poland in an area listed as restricted zone II in Annex I to Implementing Regulation (EU) 2021/605, located in close proximity to an area currently listed in restricted zone I. This new outbreak of African swine fever in a wild porcine animal constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Poland currently listed as restricted zone I in that Annex, that is in close proximity to the area listed in restricted zone II affected by this recent outbreak of African swine fever, should now be listed as restricted zone II in that Annex instead of as restricted zone I thereof and the current boundaries of restricted zone I also need to be redefined and enlarged to take account of this recent case.(9)In April and May 2021, several outbreaks of African swine fever in wild porcine animals were observed in the detva, velký krtíš, revúca and michalovce districts in Slovakia in areas listed as restricted zone II in Annex I to Implementing Regulation (EU) 2021/605, located in close proximity to areas currently listed in restricted zone I. Those new outbreaks of African swine fever in wild porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, these areas of Slovakia currently listed as restricted zone I in that Annex, that are in close proximity to the areas listed in restricted zone II affected by those recent outbreaks of African swine fever, should now be listed as restricted zones II in that Annex instead of as restricted zones I thereof and the current boundaries of restricted zones I also need to be redefined and enlarged to take account of this recent case.(10)Following these recent outbreaks of African swine fever in wild porcine animals in Poland and Slovakia and taking into account the current epidemiological situation as regards African swine fever in the Union, zoning in those Member States has been reassessed and updated. In addition, the risk management measures in place have also been reassessed and updated. These changes should be reflected in Annex I to Implementing Regulation (EU) 2021/605.(11)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 restricted zones of a sufficient size should be demarcated for Poland and Slovakia and duly listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2021/605. As the situation as regards African swine fever is very dynamic in the Union, when demarcating those new restricted zones, account has been taken of the situation in the surrounding areas.(12)Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever and in order to avoid unnecessary disruptions of movements of certain products of animals origin from restricted zones I, II and III, it is important that the amendments to be made to Implementing Regulation (EU) 2021/605 by this Implementing Regulation take effect as soon as possible.(13)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION: