Commission Implementing Regulation (EU) 2023/2708 of 28 November 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) 2023/2708of 28 November 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, 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.(4)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.(5)In addition, following an outbreak of African swine fever in kept porcine animals in an area of a Member State, Article 7(1) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as a restricted zone III in Part III of Annex I.(6)Further, 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.(7)Additionally, 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)Further, 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, following an outbreak of African swine fever in wild porcine animals in an area of a Member State, Article 6(1) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as a restricted zone II in Part II of Annex I.(10)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. 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.(11)Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2023/2469Commission Implementing Regulation (EU) 2023/2469 of 31 October 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2023/2469, 3.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2469/oj). following changes in the epidemiological situation as regards that disease in Croatia. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(12)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 States 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.(13)Since the date of adoption of Implementing Regulation (EU) 2023/2469 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 Poland and Sweden. 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.(14)In addition, since the date of adoption of Implementing Regulation (EU) 2023/2469 the epidemiological situation in certain zones listed as restricted zones I, II and III in Poland and as restricted zones III in Estonia 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.(15)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 Annexes I and II to Implementing Regulation (EU) 2023/594.(16)In November 2023, several outbreaks of African swine fever in wild 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 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 Poland 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, 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 those outbreaks.(17)In addition, in November 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.(18)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 Lubelskie Region 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 three 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.(19)In addition, 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 Podkarpackie 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 those restricted zones II for the past 12 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.(20)Also, 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, 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 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 Podkarpackie 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 12 months.(21)Finally, on the basis of the information and justification provided by Estonia, 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 Estonia 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 Põlvamaa and Võrumaa Counties in Estonia, 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.(22)In August 2023 Italy informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of an outbreak of that disease, on 18 August 2023, in kept porcine animals in the Lombardy Region in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Italy 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.(23)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 217, 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. Further, the restricted zone established by the competent authority of Italy was listed in Part B of Annex II to Implementing Regulation (EU) 2023/594Commission 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 (OJ L 233, 19.9.2023, p. 27). and Implementing Decision (EU) 2023/1684 was repealed. That restricted zone will apply until 28 November 2023. However, further outbreaks have occurred in the Lombardy Region since the first outbreak in August 2023.(24)Considering the epidemiological situation of African swine fever in Italy and the epidemiology of that disease and also taking account of international standards, such as the Terrestrial Animal Health Code of the WOAH, this area of Italy affected by those outbreaks of African swine fever, should now be listed as restricted zones I and III in Parts I and III of Annex I to Implementing Regulation (EU) 2023/594 and be delisted from Part B of Annex II to that Implementing Regulation.(25)In September 2023, Sweden informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of an outbreak of that disease, on 6 September 2023, in a wild porcine animal in the municipality of Fagersta in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Sweden has established an infected zone, 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.(26)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 a wild porcine animal in a previously disease-free zone in the municipality of Fagersta of that Member State. Further, the infected zone established by the competent authority of Sweden in the municipality of Fagersta was listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2023/1778 was repealed. That infected zone will apply until 6 December 2023. However, further outbreaks have occurred in the municipalities of Fagersta and Norberg since the first outbreak in September 2023.(27)Considering the epidemiological situation of African swine fever in Sweden and the epidemiology of that disease and also taking account of international standards, such as the Terrestrial Animal Health Code of the WOAH, this area of Sweden affected by those outbreaks of African swine fever, should now be listed as restricted zones I and II in Parts I and II of Annex I to Implementing Regulation (EU) 2023/594 and be delisted from Part A of Annex II to that Implementing Regulation.(28)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 Estonia, Germany, Italy, Poland and Sweden and listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2023/594, as well as certain parts of restricted zones I should be delisted for 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.(29)In addition, considering the overall epidemiological situation of African swine fever in Croatia, certain areas of Croatia currently listed in Part B of Annex II to Implementing Regulation (EU) 2023/594, should be listed until December 2023 in that Annex.(30)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.(31)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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