Commission Implementing Regulation (EU) 2024/760 of 23 February 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
Commission Implementing Regulation (EU) 2024/760of 23 February 2024amending Annex I 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) 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 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)Furthermore, 64, 65 and 67 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, 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 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.(5)Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2024/483Commission Implementing Regulation (EU) 2024/483 of 5 February 2024 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2024/483, 06.02.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/483/oj). following changes in the epidemiological situation as regards that disease in Croatia and Greece. 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 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.(7)Since the date of adoption of Implementing Regulation (EU) 2024/483 amending Implementing Regulation (EU) 2023/594, there have been 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 I and II in Germany, and as restricted zones I and III in Italy 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.(8)Following those recent outbreaks of African swine fever in wild and kept porcine animals in Italy and Greece and taking into account the current epidemiological situation as regards African swine fever in the Union, zoning in those 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.(9)In January 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Liguria Region 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.(10)Also, in February 2024, one outbreak of African swine fever in a wild porcine animal was observed in the Central Macedonia Region in Greece, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594. In addition, one outbreak of African swine fever in kept porcine animals was observed in that Region in Greece, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 bordered by the area of Greece currently listed as a restricted zone I in that Annex affected by this recent outbreak of African swine fever in a wild boar. Therefore, 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 also need to be redefined to take account of this recent outbreak.(11)In addition, in February 2024, one outbreak of African swine fever in kept porcine animals was observed in the Central Macedonia Region in Greece, in an area currently listed as a restricted zone II 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 II 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.(12)Also, in February 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Central Macedonia Region in Greece, 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 Greece 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.(13)Further, in February 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Lombardy, 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.(14)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 State of Brandenburg in Germany, 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 twelve months.(15)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 State of 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 twelve months.(16)Further, on the basis of the information and justification provided by the Italian competent authority and taking into account the effectiveness of the disease control measures for African swine fever for kept and wild porcine animals in the restricted zones III listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy in accordance with Commission 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 Sardinia Region in Italy, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 bordering other restricted zones III in the Sardinia Region of Italy as listed in this Regulation 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 III for the past twelve months, and due to the fact that those zones are bordering other restricted zones III in the Sardinia Region of Italy listed in this Regulation.(17)Finally, on the basis of the information and justification provided by Italy, 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 Italy 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 Sardinia Region in Italy, 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 twelve months.(18)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, Greece and Italy and listed as restricted zones I, II and III, and certain parts of restricted zones I should be delisted for Germany and Italy in Annex I 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.(19)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 Annex I to Implementing Regulation (EU) 2023/594 by this Regulation take effect as soon as possible.(20)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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