Commission Implementing Regulation (EU) 2023/1080 of 2 June 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever and repealing Implementing Decision (EU) 2023/985 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/1080of 2 June 2023amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever and repealing Implementing Decision (EU) 2023/985(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 Articles 71(3) and 259(1) 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 their exports to third countries.(2)Delegated Regulation 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. supplements the rules for the control of the listed diseases referred to in Article 9(1), points (a), (b) and (c), of Regulation (EU) 2016/429, and defined as category A, B and C diseases in Commission Implementing Regulation (EU) 2018/1882Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (OJ L 308, 4.12.2018, p. 21).. In particular, Articles 21 and 22 of Delegated Regulation (EU) 2020/687 provide for the establishment of a restricted zone in the event of an outbreak of a category A disease, including African swine fever, and for certain measures to be applied therein. In addition, Article 21(1) of that Delegated Regulation provides that the restricted zone is to comprise a protection zone, a surveillance zone, and if necessary, further restricted zones around or adjacent to the protection and surveillance zones.(3)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 States, which are listed or which have areas listed in Annexes I and II thereto (the Member States concerned). Annex I to that Implementing Regulation lists restricted zones I, II and III following outbreaks of that disease.(4)The areas listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 are based on the epidemiological situation of African swine fever in the Union. Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2023/947Commission Implementing Regulation (EU) 2023/947 of 11 May 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 128, 15.5.2023, p. 11). following changes in the epidemiological situation as regards that disease in Czechia and Italy. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(5)Any amendments to the restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 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 definingASF 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.(6)In the case of an outbreak of African swine fever in kept porcine animals in a Member State, Article 3, point (a), of Implementing Regulation (EU) 2023/594 provides for the establishment of a restricted zone by the competent authority of that Member State, in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687.(7)In the case of an outbreak of African swine fever in wild porcine animals in a Member State, Article 3, point (b), of Implementing Regulation (EU) 2023/594 provides for the establishment of an infected zone by the competent authority of that Member State, in accordance with Article 63 of Delegated Regulation (EU) 2020/687.(8)In addition, following an outbreak of African swine fever in wild porcine animals in a previously disease-free Member State or zone, Article 6(2) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as an infected zone in Part A of Annex II to that Implementing Regulation.(9)Also, in the case of a first and single outbreak of African swine fever in kept porcine animals in a previously disease-free Member State or zone, Article 7(2) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as a restricted zone, which comprises protection and surveillance zones, in Part B of Annex II to that Implementing Regulation.(10)Italy informed the Commission of the current African swine fever situation on its territory, following the confirmation of one outbreak of that disease in kept porcine animals in the Calabria region on 12 May 2023, in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Italy established a restricted zone, which comprises protection and surveillance zones, where the general disease control measures laid down in Delegated Regulation (EU) 2020/687 are applied, in order to prevent the further spread of that disease.(11)In addition, Italy informed the Commission of the confirmation of one outbreak of African swine fever in a wild porcine animal in the Calabria region on 11 May 2023, in a previously disease-free zone. Accordingly, the competent authority of that Member State established an infected zone in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594.(12)Commission Implementing Decision (EU) 2023/985Commission Implementing Decision (EU) 2023/985 of 15 May 2023 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L 134, 22.5.2023, p. 63). was adopted following information received from Italy concerning those outbreaks in kept and wild porcine animals in previously disease-free zones in the Calabria region of that Member State. It provides, inter alia, that Italy is to ensure that the special control measures for African swine fever applicable to restricted zones II laid down in Implementing Regulation (EU) 2023/594 apply in the areas listed as an infected zone in the Annex thereto, in addition to the measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. Implementing Decision (EU) 2023/985 applies under until 12 August 2023.(13)Since the date of adoption of Implementing Decision (EU) 2023/985, the epidemiological situation in Italy has not evolved with respect to African swine fever in the Calabria region, and accordingly Italy has implemented the required special control measures and it has collected additional surveillance data.(14)Also, Italy has as informed the Commission of the confirmation of an outbreak of African swine fever in wild porcine animals in the Campania region on 24 May 2023, in a previously disease-free zone. Accordingly, the competent authority of that Member State established an infected zone in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594.(15)Furthermore, since the date of adoption of Implementing Regulation (EU) 2023/947 amending Implementing Regulation (EU) 2023/594, there has been a new outbreak of African swine fever in kept porcine animals in Greece, and new outbreaks of African swine fever in wild porcine animals in Italy and Poland. In addition, the epidemiological situation in certain zones listed as restricted zones I, II and III in Italy in Annex I to Implementing Regulation (EU) 2023/594 has improved as regards kept and wild porcine animals, as well as the epidemiological situation in certain zones listed as restricted zones I and II in Germany and Poland, due to the disease control measures being applied by those Member States in accordance with Union legislation.(16)In May 2023, one outbreak of African swine fever in kept porcine animals was observed in the Serres region in Greece, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594. 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 Greece currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, affected by this recent outbreak, should instead be listed as a restricted zone III in that Annex, and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.(17)Additionally, in May 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) 2023/594, located in close proximity to an area 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, this area of Italy currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, 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.(18)Furthermore, in May 2023, two outbreaks of African swine fever in wild porcine animals were observed in the Podkarpackie and Wielkopolskie regions in Poland, in areas currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594. 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) 2023/594, should be listed as restricted zones II in that Annex, and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.(19)Finally, in May 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Pomorsckie and Warmińsko-mazurskie regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, 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 that Annex. Accordingly, those areas of Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594, 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 that Annex, and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.(20)Following those recent outbreaks of African swine fever in kept porcine animals in Greece, and in wild porcine animals in Italy and 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) 2023/594. 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.(21)Additionally, on the basis of the information and justification provided by Germany, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Germany in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the states of Mecklenburg-Western Pomerania and Brandenburg in Germany, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones I in that Annex, due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones II for the past twelve months. Accordingly, those areas listed as restricted zones II should now be listed as restricted zones I in that Annex taking account of the current African swine fever epidemiological situation.(22)Also, on the basis of the information and justification provided by Germany, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Germany in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the states of Mecklenburg-Western Pomerania and Brandenburg in Germany, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones II for the past twelve months.(23)In addition, on the basis of the information and justification provided by Germany, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I, and in the restricted zones that those restricted zones I are bordering, listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Germany in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the states of Mecklenburg-Western Pomerania and Brandenburg in Germany, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones I, and in the zones that those restricted zones I are bordering, for the past twelve months.(24)Additionally, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in certain restricted zones III listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 22, 25 and 40 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Sardinia region in Italy, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones II in that Annex, due to the absence of African swine fever outbreaks in kept porcine animals in these restricted zones III for the past twelve months, while the disease is still present in wild porcine animals. Those restricted zones III should now be listed as restricted zones II in that Annex taking account of the current African swine fever epidemiological situation.(25)Furthermore, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Sardinia region in Italy, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones I in that Annex, due to the absence of African swine fever outbreaks in kept and wild porcine animals in these restricted zones II for the past twelve months. Those restricted zones II should now be listed as restricted zones I in that Annex taking account of the current African swine fever epidemiological situation.(26)Also, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Sardinia region in Italy, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones II for the past twelve months.(27)In addition, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Sardinia region in Italy, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones I, and in the zones that those restricted zones I are bordering, for the past twelve months.(28)Furthermore, on the basis of the information and justification provided by Poland, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Poland in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Mazowieckie and Łódzkie regions in Poland, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones I in that Annex, due to the absence of African swine fever outbreaks in kept and wild porcine animals in these restricted zones II for the past twelve months. Those restricted zones II should now be listed as restricted zones I in that Annex taking account of the current African swine fever epidemiological situation.(29)Finally, on the basis of the information and justification provided by Poland, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Poland in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Mazowieckie region in Poland, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones I, and in the zones that those restricted zones I are bordering, for the past twelve months.(30)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 Greece, Italy and Poland and listed as restricted zones I, II and III, as well as certain parts of restricted zones I should be delisted for Italy and Poland in Annex I to Implementing Regulation (EU) 2023/594. 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.(31)The infected zone established by the competent authority of Italy in the Campania region in Italy should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594. Also, the areas identified in Implementing Decision (EU) 2023/985 in Italy should be listed in Parts A and B of Annex II to Implementing Regulation (EU) 2023/594, and Implementing Decision (EU) 2023/985 should be repealed.(32)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 Annexes I and II to Implementing Regulation (EU) 2023/594 by this Regulation take effect as soon as possible.(33)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: