Commission Implementing Regulation (EU) 2023/506 of 6 March 2023 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/506of 6 March 2023amending Annex I to 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)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) 2023/373Commission Implementing Regulation (EU) 2023/373 of 17 February 2023 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 51, 20.2.2023, p. 40). following changes in the epidemiological situation as regards that disease in Italy, Poland and Slovakia. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(4)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 the 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, 29th Edition, 2021. Volumes I and II ISBN 978-92-95115-40-8; https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/ of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.(5)There have been several outbreaks of African swine fever in wild porcine animals in Germany and Italy, and one outbreak in kept porcine animals in Germany. Also, the ASF epidemiological situation in wild porcine animals has evolved in Greece.(6)In February 2023, several outbreaks of African swine fever in wild porcine animals were observed in the state of Brandenburg in Germany, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2021/605 located in close proximity to an area currently listed as a restricted zone I in that Annex. 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, this area of Germany currently listed as a restricted zone I in that Annex, that is in close proximity to the area listed as a restricted zone II affected by those recent outbreaks of African swine fever, should now be listed as a restricted zone II in that Annex instead of as a restricted zone I thereof and the current boundaries of restricted zone I also need to be redefined to take account of those recent outbreaks.(7)Also, in February 2023, one outbreak of African swine fever in kept porcine animals was observed in the state of Brandenburg in Germany, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2021/605. This new outbreak of African swine fever in kept porcine animals constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Germany currently listed as a restricted zone II in that Annex, affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof and the current boundaries of restricted zone II also need to be redefined to take account of this recent outbreak.(8)Further, in February and March2023, several outbreaks of African swine fever in wild porcine animals were observed in the Liguria Region in Italy, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2021/605 located in close proximity to an area currently listed as a restricted zone I in that Annex. 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, this area of Italy currently listed as a restricted zone I in that Annex, that is in close proximity to the area listed as a restricted zone II affected by those recent outbreaks of African swine fever, should now be listed as a restricted zone II in that Annex instead of as a restricted zone I thereof and the current boundaries of restricted zone I also need to be redefined to take account of those recent outbreaks.(9)Additionally, in February 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Serres region in Greece and following the information received from that Member State of the disease situation on its territory, Commission Implementing Regulation (EU) 2023/224Commission Implementing Regulation (EU) 2023/224 of 2 February 2023 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 32, 3.2.2023, p. 11). was adopted.(10)At the end of February 2023, Greece informed the Commission of the current African swine fever situation in wild porcine animals in restricted zones I and II and that the measures for infected zone zones have been duly implemented in accordance with 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 diseases (OJ L 174, 3.6.2020, p. 64)., in order to prevent the further spread of that disease.(11)Based on that information and justifications received, taking account of the surveillance activities in the infected zone in the Serres region in Greece and the measures duly implemented by Greece, and in order to prevent any unnecessary disturbance to trade, it is appropriate to redefine the boundaries of restricted zones I and II in Greece.(12)Following those recent outbreaks of African swine fever in wild porcine animals in Italy, in wild and kept porcine animals in Germany and considering the information provided by Greece 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 accordance with Articles 5, 6 and 7 of Implementing Regulation (EU) 2021/605. 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.(13)In order to take account of the 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 Germany, Greece and Italy and listed as restricted zones I, II and III. 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 epidemiological situation in the surrounding areas.(14)Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that the amendments to be made to Annex I to Implementing Regulation (EU) 2021/605 by this Implementing Regulation take effect as soon as possible.(15)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: