Commission Implementing Regulation (EU) 2024/808 of 29 February 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) 2024/808of 29 February 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 (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)Furthermore, Articles 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 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 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.(5)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.(6)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.(7)Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/760Commission 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 (OJ L, 2024/760, 26.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/760/oj). following changes in the epidemiological situation as regards that disease in Germany, Greece and Italy. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.(8)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.(9)Since the date of adoption of Implementing Regulation (EU) 2024/760 amending Implementing Regulation (EU) 2023/594, the epidemiological situation in certain zones listed as restricted zones III in Poland 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.(10)Also, the epidemiological situation in the zone listed as infected zone in Croatia in Part A of Annex II to Implementing Regulation (EU) 2023/594 has improved as regards wild porcine animals, due to the disease control measures being applied by this Member State in accordance with Union legislation.(11)On the basis of the information and justification provided by the 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 Wielkopolskie 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, taking account of the current African swine fever epidemiological situation.(12)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.(13)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 Commission Implementing Regulation (EU) 2023/2213Commission 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 in the Zadarska Region applied until December 2023. Considering the overall epidemiological situation of African swine fever in Croatia, in December 2023 and January 2024 Commission Implementing Regulations (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). and (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, 6.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/483/oj). were adopted to extend the period of validity of that infected zone in the Zadarska Region until January 2024, and until February 2024, respectively.(14)On the basis of the information and justification provided by Croatia, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in the infected zone listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 being applied in Croatia 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, the infected zone in the Zadarska Region in Croatia, currently listed as an infected zone in Part A of Annex II to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in wild porcine animals in this infected zone for more than three months.(15)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 Poland and listed as restricted zones II, and the infected zone should be delisted for Croatia in Part A of 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.(16)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.(17)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: