Commission Implementing Regulation (EU) 2023/835 of 19 April 2023 amending Implementing Regulation (EU) 2023/594 as regards special disease control measures for African swine fever (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/835of 19 April 2023amending Implementing Regulation (EU) 2023/594 as regards special disease 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 the consignments of those animals and products thereof within the Union and their exports to third countries.(2)Commission Implementing Regulation (EU) 2023/594Commission Implementing Regulation (EU) 2023/594 of 16 March 2023 laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605 (OJ L 79, 17.3.2023, p. 65). lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member StatesIn accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation references to Member States include the United Kingdom in respect of Northern Ireland., which are listed or whose areas are listed in Annexes I and II.(3)Article 14 of Implementing Regulation (EU) 2023/594 lays down the general conditions for derogations from specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones. Article 14(1), point (a), of that Regulation refers to the general conditions laid down in Article 43(2) to (7) of 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)., that require, inter alia, all authorised movements in the surveillance zone to be performed without unloading or stopping, until the unloading in the establishment of destination.(4)Article 5(1) of Implementing Regulation (EU) 2023/594 provides that restricted zone I is an area where no outbreak of African swine fever has been confirmed while Article 6(1) provides that restricted zone II is an area where that disease is only confirmed in wild porcine animals.(5)African swine fever is not confirmed in porcine animals kept in restricted zones I and II and other risk-mitigating measures are already in place for the movements of consignments of porcine animals as provided for in Implementing Regulation (EU) 2023/594. Taking account of specific logistical arrangements for the movements of kept porcine animals in place in some Member States and in order to avoid unnecessary restrictions, the general condition to only authorise movements of kept porcine animals without unloading or stopping, until the unloading in the establishment of destination should not be required for the authorised movements within the same Member State concerned for the purpose of immediate slaughter of porcine animals kept in restricted zones I and II. Therefore, Articles 14, 22 and 24 of Regulation (EU) 2023/594 should be amended accordingly.(6)Furthermore, the epidemiological situation in the Union as regards African swine fever is dynamic and constantly evolving and has changed since the time leading up to the adoption of Implementing Regulation (EU) 2023/594. Accordingly, Annex I to that Implementing Regulation should be amended so that the areas listed as restricted zones I, II and III therein reflect the current epidemiological situation of that disease in the Union.(7)The current epidemiological situation of African swine fever in the Union is reflected in Annex I to 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 131, 16.4.2021, p. 137)., as recently amended by Commission Implementing Regulation (EU) 2023/685Commission Implementing Regulation (EU) 2023/685 of 27 March 2023 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 90, 28.3.2023, p. 1). following recent changes in the epidemiological situation as regards that disease in Bulgaria, Italy, Poland and Slovakia. Implementing Regulation (EU) 2021/605 applies until 20 April 2023.(8)Therefore, restricted zones I, II and III listed in Annex I to Implementing Regulation (EU) 2023/594 should be updated to take account of the areas currently listed in Annex I to Implementing Regulation (EU) 2021/605. This is also necessary for continuity and consistency following the repeal of Implementing Regulation (EU) 2021/605.(9)In addition, since the adoption of Implementing Regulation (EU) 2023/594, there have been several outbreaks of African swine fever in wild porcine animals in Poland, Italy and Lithuania, and one outbreak in kept porcine animals in Poland.(10)In March 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Opolskie Region in Poland, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605. This new outbreak of African swine fever in a wild porcine animal constitutes an increased level of risk, which should be reflected in Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Poland currently listed as a restricted zone I, affected by this recent outbreak, should be listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.(11)Also, in March 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Wielkopolskie and Mazowieckie Regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2021/605 located in close proximity to areas currently listed as restricted zones 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 Annex I to Implementing Regulation (EU) 2023/594. Accordingly, those areas of Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2021/605, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks, should be listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.(12)In addition, in April 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Liguria Region in Italy, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605. This new outbreak of African swine fever in a wild porcine animal constitutes an increased level of risk, which should be reflected in Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Italy currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605, affected by this recent outbreak, should be listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.(13)Additionally, in March and April 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Piedmont 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 Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Italy currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605, that is in close proximity to the area listed as a restricted zone II affected by those recent outbreaks, should be listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone I need to be redefined to take account of those outbreaks.(14)Further, in March and April 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Marijampolė county in Lithuania, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605. Those new outbreaks of African swine fever in wild porcine animals constitute an increased level of risk, which should be reflected in Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Lithuania currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2021/605, affected by those recent outbreaks, should be listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone I need to be redefined to take account of those outbreaks.(15)Finally, in April 2023, one outbreak of African swine fever in kept porcine animals was observed in the Dolnośląskie Region in Poland, 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 Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Poland currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2021/605, affected by this recent outbreak, should be listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone II need to be redefined to take account of this outbreak.(16)Following those recent outbreaks of African swine fever in wild porcine animals in Italy and Lithuania and in wild and kept porcine animals in Poland 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 been reassessed and updated. These changes should be reflected in Annex I to Implementing Regulation (EU) 2023/594.(17)Therefore, Regulation (EU) 2023/594 should be amended accordingly.(18)Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that this Implementing Regulation take effect as soon as possible.(19)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: