Commission Implementing Regulation (EU) 2024/413 of 25 January 2024 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
Commission Implementing Regulation (EU) 2024/413of 25 January 2024amending 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 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 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.(3)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 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.(4)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.(5)Commission 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.(6)Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2023/2894Commission 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 (OJ L, 2023/2894, 20.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2894/oj). following changes in the epidemiological situation as regards that disease in Croatia, Italy, Latvia, Poland and Slovakia. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(7)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 as laid out in the African swine fever guidelines developed by the Commission and the Member StatesCommission Notice on the guidelines on the prevention, control and eradication of African swine fever in the Union ('ASF guidelines') (OJ C, C/2023/1504, 18.12.2023, ELI: http://data.europa.eu/eli/C/2023/1504/oj).. 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.(8)In October 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 in a wild porcine animal in the Lombardy 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.(9)In accordance with Article 6(2) of Implementing Regulation (EU) 2023/594, the infected zone established by the competent authority of Italy in the Lombardy Region, was listed in Part A 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).. The control measures of this infected zone currently apply until 13 January 2023. However, further outbreaks of African swine fever have occurred in wild porcine animals in the Lombardy Region since the first outbreak in October 2023.(10)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 in the Lombardy Region affected by those outbreaks of African swine fever, should now be listed as a restricted zone II in Part II of Annex I to Implementing Regulation (EU) 2023/594 and be delisted from Part A of Annex II to that Implementing Regulation. Also, it is necessary to list the area, bordering this area affected by those outbreaks, where no further outbreak of African swine fever has been officially confirmed in kept or wild porcine animals in Part I of Annex I as a restricted zone I.(11)Furthermore, since the date of adoption of Implementing Regulation (EU) 2023/2894 amending Implementing Regulation (EU) 2023/594, there have been further new outbreaks of African swine fever in wild porcine animals in Italy and Greece and in kept porcine animals in Greece. Also, the epidemiological situation in certain zones listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 in Bulgaria and Poland has improved as regards kept porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.(12)Following those recent outbreaks of African swine fever in wild and kept 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 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 also be reflected in Annex I to Implementing Regulation (EU) 2023/594.(13)In December 2023 and January 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Emilia Romagna and Piedmont Regions in Italy, in areas currently listed as restricted zones I 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 that Annex. Accordingly, those areas of Italy currently listed as restricted zones I in that Annex 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.(14)Also, in December 2023, another outbreak of African swine fever in a wild porcine animal was observed in the Emilia Romagna Region in Italy, in an area currently not listed as a restricted zone in Annex I to Implementing Regulation (EU) 2023/594 but in proximity to areas listed as restricted zones I and II. 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, and in order to ensure territorial continuity, this area of Italy currently not listed as a restricted zone in that Annex should now also be listed as a restricted zone II in that Annex.(15)Further, in January 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Liguria and Emilia-Romagna 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.(16)Further, in January 2024, one outbreak of African swine fever in kept porcine animals was observed in the East Macedonia and Thrace Region in Greece, 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 kept porcine animals constitutes an increased level of risk, which should be reflected in Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of Greece currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, affected by this recent outbreak, should be listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.(17)In addition, in January 2024, one outbreak of African swine fever in a wild porcine animal was observed in the Macedonia and Thrace Region in Greece, 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 Greece currently listed as a restricted zone I in that Annex affected by this recent outbreak 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 this recent outbreak.(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 Zachodniopomorskie 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)Finally, on the basis of the information and justification provided by Bulgaria, 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 Bulgaria 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 Montana, Vratsa and Lovech Regions in Bulgaria, 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.(20)Finally, on the basis of the information and justification provided by Bulgaria, 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 Bulgaria 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 Pazardzhik Region in Bulgaria, 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 twelve 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.(21)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, Greece, Italy and Poland and listed as restricted zones I, II and III. 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.(22)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.(23)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: