Commission Implementing Regulation (EU) 2023/2894 of 19 December 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) 2023/2894of 19 December 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)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.(9)Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2023/2708Commission 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 (OJ L, 2023/2708, 29.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2708/oj). following changes in the epidemiological situation as regards that disease in Croatia, Estonia, Germany, Italy, Poland and Sweden. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(10)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.(11)In June 2023, Croatia 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 26 June 2023, in kept porcine animals in the Vukovarsko-Srijemska county in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Croatia 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.(12)Commission Implementing Decision (EU) 2023/1422Commission Implementing Decision (EU) 2023/1422 of 3 July 2023 concerning certain interim emergency measures relating to African swine fever in Croatia (OJ L 174, 7.7.2023, p. 12). was adopted following information received from Croatia concerning those outbreaks in kept porcine animals in previously disease-free zones in the Vukovarsko-Srijemska county of that Member State.(13)In addition, in July 2023, Croatia informed the Commission of the confirmation of an outbreak of African swine fever in kept porcine animals in a previously disease-free zone in the Brodsko-Posavska county. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Croatia 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.(14)Further, the restricted zones established by the competent authority of Croatia in Brodsko-Posavska and Vukovarsko-Srijemska counties were 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) 2023/1422 was repealed. The duration of the disease control measures of those restricted zones was extended several times, and currently those restricted zones will apply until 26 December 2023Implementing Regulation (EU) 2023/2708.. However, further outbreaks have occurred in the Vukovarsko-Srijemska and Brodsko-Posavska counties in kept porcine animals since the first outbreaks in June and July 2023.(15)In addition, Croatia has informed the Commission of the confirmation of one outbreak of African swine fever in kept porcine animals in the Osijek-Baranja county on 12 October 2023, in a previously disease-free zone. Accordingly, the competent authority of that Member State established a restricted zone in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594. In accordance with Article 7(2) of Implementing Regulation (EU) 2023/594, the restricted zone established by the competent authority of Croatia in the Osijek-Baranja county, was listed in Part B of Annex II to Implementing Regulation (EU) 2023/594Commission Implementing Regulation (EU) 2023/2421 of 24 October 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2023/2421, 25.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2421/oj).. However, further outbreaks have occurred in Osijek-Baranja county in kept porcine animals since the first outbreak in October 2023.(16)Considering the epidemiological situation of African swine fever in Croatia and the epidemiology of that disease and also taking account of international standards, such as the Terrestrial Animal Health Code of the WOAH, those areas of Croatia in the Vukovarsko-Srijemska, Brodsko-Posavska and Osijek-Baranja counties affected by those outbreaks of African swine fever, should now be listed as restricted zones III in Part III of Annex I to Implementing Regulation (EU) 2023/594 and be delisted from Part B of Annex II to that Implementing Regulation. Also, the areas where no further outbreak of African swine fever has been officially confirmed in kept or wild porcine animals bordering those areas affected by those outbreaks shall be listed, where necessary, in Part I of Annex I as restricted zones I.(17)Also, in September 2023, Croatia informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of an outbreak of that disease in a wild porcine animal in the Zadarska Region in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Croatia has established an infected zone, where the general disease control measures laid down in those Regulations are applied, in order to prevent the further spread of that disease.(18)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. Further, the infected zone established by the competent authority of Croatia in the Zadarska Region was listed in Part A of Annex II to Implementing Regulation (EU) 2023/594Commission 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 (OJ L, 2023/2213, 18.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2213/oj). and Implementing Decision (EU) 2023/2398 was repealed. That restricted zone applies until 27 December 2023.(19)Considering the overall epidemiological situation of African swine fever in Croatia 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 Croatia affected by this outbreak of African swine fever, should continue to be listed until January 2024 in that Annex.(20)In addition, the African swine fever epidemiological situation has improved in Italy as regards kept porcine animals due to the disease control measures being applied by this Member State in accordance with Union legislation.(21)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.(22)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.(23)Further, the restricted zone established by the competent authority of Italy in the Sardinia Region in Italy was listed in Part B of Annex II to Implementing Regulation (EU) 2023/594Implementing Regulation (EU) 2023/2213. and Implementing Decision (EU) 2023/2393 was repealed. That restricted zone applies until 22 December 2023.(24)Italy has informed the Commission of the current favourable African swine fever situation in kept porcine animals in the restricted zone in in the Sardinia Region 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.(25)Taking account of the current favourable African swine fever situation in kept porcine animals in the Sardinia Region and the measures duly implemented by Italy, 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.(26)Since the date of adoption of Implementing Regulation (EU) 2023/2708 amending Implementing Regulation (EU) 2023/594, there have been further new outbreaks of African swine fever in wild porcine animals in Italy, Poland and Slovakia. In addition, the epidemiological situation in certain zones listed as restricted zones III in Latvia in Annex I to Implementing Regulation (EU) 2023/594 has improved as regards kept porcine animals, due to the disease control measures being applied by this Member State in accordance with Union legislation.(27)Following those recent outbreaks of African swine fever in wild porcine animals in Italy, Poland and Slovakia 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 and 6 of Implementing Regulation (EU) 2023/594. In addition, the risk management measures in place have been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.(28)In November and December 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Piedmont and Liguria Regions in Italy, 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 Italy currently listed as restricted zones I in that Annex, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks of African swine fever, should now be listed as restricted zones II in that Annex instead of as restricted zones I thereof and the current boundaries of restricted zones I also need to be redefined to take account of those recent outbreaks.(29)Also, in December 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Lombardy Region in Italy, 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 Italy currently listed as a restricted zone I in that Annex should now be listed as a restricted zone II in that Annex instead of as a restricted zone I thereof.(30)Further, in December 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Pomorskie 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 that Annex should now be listed as a restricted zone II in that Annex instead of as a restricted zone I thereof.(31)In addition, in November 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Nitrianský and Turčianske Teplice Regions in Slovakia, 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 Slovakia currently listed as restricted zones I in that Annex, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks of African swine fever, should now be listed as restricted zones II in that Annex instead of as restricted zones I thereof and the current boundaries of restricted zones I also need to be redefined to take account of those recent outbreaks.(32)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 Gulbenes, Madonas, Jēkabpils, and Rēzeknes Counties 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 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.(33)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, Poland and Slovakia and listed as restricted zones I and II. 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.(34)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.(35)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: