Commission Implementing Regulation (EU) 2023/1799 of 19 September 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (Text with EEA relevance)
Commission Implementing Regulation (EU) 2023/1799of 19 September 2023amending Annexes I and II 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) 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)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 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)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.(4)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.(5)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. Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2023/1677Commission Implementing Regulation (EU) 2023/1677 of 30 August 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 216, 1.9.2023, p. 39). following changes in the epidemiological situation as regards that disease in Latvia 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.(6)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.(7)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.(8)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.(9)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.(10)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.(11)Italy has 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 Lombardy Region on 18 August 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.(12)Commission Implementing Decision (EU) 2023/1684Commission Implementing Decision (EU) 2023/1684 of 31 August 2023 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L 123, 4.9.2023, p. 123). was adopted following information received from Italy concerning this outbreak in kept porcine animals in a previously disease-free zone in the Lombardy Region of that Member State. Implementing Decision (EU) 2023/1684 applies until 28 November 2023.(13)Also, in May 2023, Italy informed the Commission of the confirmation of an outbreak of African swine fever in wild porcine animals in the Campania region 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 and this infected zone was listed in Part A of Annex II to Implementing Regulation (EU) 2023/594.(14)In addition, Sweden has informed the Commission of the confirmation in the municipality of Fagersta of one outbreak of African swine fever in wild porcine animals on 6 September 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)Commission Implementing Decision (EU) 2023/1778Commission Implementing Decision (EU) 2023/1778 of 12 September 2023 concerning certain interim emergency measures relating to African swine fever in Sweden (OJ L 228, 15.9.2023, p. 251). was adopted following information received from Sweden concerning this outbreak in wild porcine animals in a previously disease-free zone in the municipality of Fagersta of that Member State. Implementing Decision (EU) 2023/1778 applies until 6 December 2023.(16)Since the date of adoption of Implementing Regulation (EU) 2023/1677 amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in kept porcine animals in Croatia and in wild porcine animals in Italy and Croatia, and the epidemiological situation in certain zones listed as restricted zones I and II in Germany, and as restricted zones III in Latvia and Poland in Annex I to Implementing Regulation (EU) 2023/594 has improved as regards wild and kept porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.(17)Following the recent outbreaks of African swine fever in wild porcine animals in Italy and taking into account the current epidemiological situation as regards African swine fever in the Union, zoning in this Member State 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.(18)In September 2023, several outbreaks of African swine fever in kept porcine animals were observed in the Vukovar Srijem County in Croatia, in areas currently listed as surveillance zones in Annex II 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 Croatia currently listed as surveillance zones in that Annex affected by those recent outbreaks of African swine fever, should now be listed as protection zones in that Annex instead of as surveillance zones thereof and the current boundaries of the surveillance zones also needs to be redefined to take account of those recent outbreaks.(19)Considering the overall epidemiological situation of African swine fever in Italy and the new outbreaks of African swine fever in wild porcine animals in the Campania region, this area of Italy affected by those outbreaks of African swine fever currently listed in Part A of Annex II to Implementing Regulation (EU) 2023/594, should now be listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2023/594, and delisted from Part A of Annex II to that Implementing Regulation.(20)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 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 12 months.(21)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 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 12 months.(22)Further, 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 kept porcine animals in certain restricted zones III 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 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 Lubuskie, Dolnośląskie and Wielkopolskie Regions in Poland, 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 those restricted zones III for the past 12 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.(23)Finally, on the basis of the information and justification provided by Latvia, 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 Latvia 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 Kuldīgas County in Latvia, 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 those restricted zones III for the past 12 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.(24)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. Consequently, the restricted zone established by the competent authority of Italy in the Lombardy Region should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/1684 should be repealed.(25)Similarly, 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. Therefore, the infected zone established by the competent authority of Sweden in the municipality of Fagersta and parts of the municipalities of Surahammar, Norberg, Skinnskatteberg, Västerås, Sala, Smedjebacken and Avesta, should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/1778 should be repealed.(26)Finally, considering the overall epidemiological situation of African swine fever in Croatia and the outbreaks of African swine fever in wild and kept porcine animals the areas of Croatia affected by those outbreaks of African swine fever, should be listed for a longer time period in Parts A and B of Annex II to Implementing Regulation (EU) 2023/594. Accordingly, the infected and restricted zones in that Annex should now be listed until October 2023.(27)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 Italy, Latvia and Poland and listed as restricted zones I and II, certain parts of restricted zones I and II should be delisted for Germany in Annex I to Implementing Regulation (EU) 2023/594 and new restricted zones should be demarcated for Croatia and listed as protection zones in Annex II to that Regulation, and the existing infected and restricted zones for Croatia listed in Annex II to that Regulation should be extended. 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.(28)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.(29)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:
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