Commission Implementing Regulation (EU) 2023/1590 of 1 August 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/1590of 1 August 2023amending Annex I to Implementing Regulation (EU) 2023/594 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 Articles 71(3) thereof and 259(1),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)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.(3)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) 2023/1485Commission Implementing Regulation (EU) 2023/1485 of 18 July 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 182, 19.7.2023, p. 150). following changes in the epidemiological situation as regards that disease in Croatia, Germany, Greece, Italy and Poland. 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 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 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)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). 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 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 22, 25 and 40 of Delegated Regulation (EU) 2020/687 provide for certain measures to be taken in the event of an official confirmation of an outbreak of a category A disease in kept animals, including African swine fever in kept porcine animals. Notably, those measures provide for the establishment of restricted zones and prohibitions on movements of kept animals of listed species and products of animal origin thereof.(6)Also, Articles 63 to 66 of Delegated Regulation (EU) 2020/687 provide for certain measures to be taken in the event of an official confirmation of an outbreak of a category A disease in wild animals, including African swine fever in wild porcine animals.(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)Since the date of adoption of Implementing Regulation (EU) 2023/1485 amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in kept porcine animals in Bulgaria, Estonia, Latvia and Poland as well as new outbreaks of African swine fever in wild porcine animals in Poland and Germany. In addition, the African swine fever epidemiological situation evolved in North Macedonia at the border with Greece increasing the risks of African swine fever spread in certain areas of Greece currently not listed in Annexes I and II to Implementing Regulation (EU) 2023/594.(9)Following those recent outbreaks of African swine fever in kept porcine animals in Bulgaria, Estonia, Latvia and Poland, as well as outbreaks of African swine fever in wild porcine animals in Poland and Germany 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 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.(10)In July 2023, several outbreaks of African swine fever in kept porcine animals were observed in the Madonas and Krāslavas counties in Latvia, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594. Those new outbreaks of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, those areas of Latvia currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as restricted zones III in that Annex, and the current boundaries of restricted zones II need to be redefined to take account of those outbreaks.(11)Also, in July 2023, several outbreaks of African swine fever in kept porcine animals were observed in the Mazowieckie and Wielkopolskie Regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594. Those new outbreaks of African swine fever in kept 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 II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as restricted zones III in that Annex, and the current boundaries of restricted zones II need to be redefined to take account of those outbreaks.(12)Additionally, in July 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Mazowieckie Region in Poland, 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 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 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 II in that Annex, and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.(13)Further, in July 2023, two outbreaks of African swine fever in kept porcine animals were observed in the Võru and Põlva Counties in Estonia, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594. Those new outbreaks of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, those areas of Estonia currently listed a restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as restricted zones III in that Annex, and the current boundaries of restricted zones II need to be redefined to take account of those outbreaks.(14)In addition, in July 2023, two outbreaks of African swine fever in kept porcine animals were observed in the Montana Region in Bulgaria, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594. Those new outbreaks of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Bulgaria currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as a restricted zone III in that Annex, and the current boundaries of restricted zone II need to be redefined to take account of those outbreaks.(15)Also, in July 2023, several outbreaks of African swine fever in wild porcine animals were observed in North Macedonia, in close proximity to certain areas of Greece currently not listed as restricted zones in Annexes I and II 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 Greece currently not listed as restricted zones in Annex I to Implementing Regulation (EU) 2023/594, that are in close proximity to the areas in North Macedonia affected by those recent outbreaks, should be listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594.(16)Finally, in July 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.(17)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 Bulgaria, Estonia, Germany Greece, Latvia and Poland and listed as restricted zones I, II and III 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.(18)Croatia has informed the Commission of the confirmation of one outbreak of African swine fever in a wild porcine animal in the Karlovacka Region on 13 July 2023. 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.(19)Commission Implementing Decision (EU) 2023/1554Commission Implementing Decision (EU) 2023/1554 of 19 July 2023 concerning certain interim emergency measures relating to African swine fever in Croatia (OJ L 188, 27.7.2023, p. 51). was adopted following information received from Croatia concerning this outbreak in a wild porcine animal in previously disease-free zones in the Karlovacka Region of that Member State. Implementing Decision (EU) 2023/1554 applies until 12 October 2023.(20)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. Consequently, the restricted zone established by the competent authority of Croatia in the Karlovacka Region in Croatia should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/1554 should be repealed.(21)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) 2023/594 by this Regulation take effect as soon as possible.(22)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: