Commission Implementing Regulation (EU) 2023/2213 of 16 October 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
Commission Implementing Regulation (EU) 2023/2213of 16 October 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, in kept porcine animals 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. Notably, those provisions provide for the establishment of an infected zone and prohibitions on movements of wild animals of listed species and products of animal origin thereof.(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. In particular, 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.(5)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.(6)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.(7)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.(8)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 Sardinia Region on 22 September 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.(9)Commission Implementing Decision (EU) 2023/2393Commission Implementing Decision (EU) 2023/2393 of 28 September 2023 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L, 2023/2393, 3.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2393/oj). was adopted following information received from Italy concerning this outbreak in kept porcine animals in a previously disease-free zone in the Sardinia Region of that Member State. Implementing Decision (EU) 2023/2393 applies until 22 December 2023.(10)Therefore, in accordance with Article 7(2) of Implementing Regulation (EU) 2023/594, the restricted zone established by the competent authority of Italy in the Sardinia Region, should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/2393 should be repealed.(11)In addition, Croatia has informed the Commission of the confirmation of one outbreak of African swine fever in wild porcine animals in the Zadarska Region on 27 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.(12)Commission Implementing Decision (EU) 2023/2398Commission Implementing Decision (EU) 2023/2398 of 3 October 2023 concerning certain interim emergency measures relating to African swine fever in Croatia (OJ L, 2023/2398, 4.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2398/oj). was adopted following information received from Croatia concerning this outbreak in wild porcine animals in a previously disease-free zone in the Zadarska Region of that Member State. Implementing Decision (EU) 2023/2398 applies until 27 December 2023.(13)Therefore, in accordance with Article 6(2) of Implementing Regulation (EU) 2023/594, the infected zone established by the competent authority of Croatia in the Zadarska Region, should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/2398 should be repealed.(14)Implementing Regulation (EU) 2023/594 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.(15)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) 2023/2396Commission Implementing Regulation (EU) 2023/2396 of 28 September 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2023/2396, 3.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2396/oj). following changes in the epidemiological situation as regards that disease in Lithuania 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.(16)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.(17)Since the date of adoption of Implementing Regulation (EU) 2023/2396 amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in kept porcine animals in Croatia and Poland. Also, the African swine fever epidemiological situation as regards wild porcine animals has evolved in Poland, at the border with Germany, increasing the risks of African swine fever spread in certain areas of Germany currently not listed in Annex I to Implementing Regulation (EU) 2023/594.(18)Following those recent outbreaks of African swine fever, 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.(19)In October 2023, two outbreaks of African swine fever in kept porcine animals were observed in the Zachodniopomorskie Region in Poland, 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 Poland 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.(20)Also, in October 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.(21)In addition, in September and October 2023, several outbreaks of African swine fever in wild porcine animals were observed in Poland, in close proximity to an area of Germany currently not listed as a restricted zone 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, this area of Germany currently not listed as a restricted zone in Annex I to Implementing Regulation (EU) 2023/594, that is in close proximity to the area in Poland affected by those recent outbreaks, should be listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594.(22)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 and Poland and listed as restricted zones I and III in Annex I to that Regulation, and new restricted zones should be demarcated for Croatia and listed as protection zones in Annex II to that Regulation. 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.(23)In addition, the African swine fever epidemiological situation has improved in Greece as regards kept porcine animals due to the disease control measures being applied by this Member State in accordance with Union legislation.(24)Greece informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of one outbreak of that disease in kept porcine animals in the Region of West Macedonia on 5 July 2023, in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Greece has 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.(25)Commission Implementing Decision (EU) 2023/1458Commission Implementing Decision (EU) 2023/1458 of 11 July 2023 concerning certain interim emergency measures relating to African swine fever in Greece (OJ L 179, 14.7.2023, p. 116). was adopted following the information received from Greece concerning this outbreak in kept porcine animals in a previously disease-free zone in the Region of West Macedonia of that Member State on 5 July 2023.(26)Further, the restricted zone established by the competent authority of Greece in the in the Region of West Macedonia in Greece was listed in Part B of Annex II to Implementing Regulation (EU) 2023/594Commission Implementing Regulation (EU) 2023/1485 of 18 July 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 182, 19.7.2023, p. 150). and Implementing Decision (EU) 2023/1458 was repealed. That restricted zone applied until 5 October 2023.(27)Greece has informed the Commission of the current favourable African swine fever situation in kept porcine animals in the restricted zone in the Region of West Macedonia and that the measures for protection and surveillance zones have been duly implemented in accordance with Delegated Regulation (EU) 2020/687, in order to prevent the further spread of that disease.(28)Taking account of the current favourable African swine fever situation in kept porcine animals in the Region of West Macedonia and the measures duly implemented by Greece, and in order to prevent any unnecessary disturbance to trade, it is appropriate to delist that region from Part B of Annex II to Implementing Regulation (EU) 2023/594.(29)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.(30)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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