Commission Implementing Regulation (EU) 2024/1171 of 16 April 2024 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever and repealing Implementing Decision (EU) 2024/1039
Commission Implementing Regulation (EU) 2024/1171of 16 April 2024amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever and repealing Implementing Decision (EU) 2024/1039(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, ELI: http://data.europa.eu/eli/reg/2016/429/oj., 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, ELI: http://data.europa.eu/eli/reg_del/2020/687/oj). 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, ELI: http://data.europa.eu/eli/reg_impl/2018/1882/oj).. 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, 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)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, ELI: http://data.europa.eu/eli/reg_impl/2023/594/oj). 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). That Implementing Regulation lays down rules on the listing at Union level in Annex I thereto of restricted zones I, II and III following outbreaks of African swine fever, and rules on the listing at Union level in Annex II thereto, following an outbreak of that disease in a previously disease-free Member State or zone.(4)In addition, 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)Bulgaria informed the Commission of the current African swine fever situation on its territory, following the confirmation of an outbreak of that disease in kept porcine animals in the Plovdiv County on 22 March 2024. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Bulgaria 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.(6)Commission Implementing Decision (EU) 2024/1039Commission Implementing Decision (EU) 2024/1039 of 2 April 2024 concerning certain interim emergency measures relating to African swine fever in Bulgaria (OJ L, 2024/1039, 4.4.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1039/oj). was adopted following information received from Bulgaria concerning that outbreak in kept porcine animals in the Plovdiv County of that Member State. It provides, inter alia, that Bulgaria is to ensure that the measures laid down in Article 21(1) of Delegated Regulation (EU) 2020/687 are applied. Implementing Decision (EU) 2024/1039 applies until 25 June 2024.(7)In the case of a first and single outbreak of African swine fever in kept porcine animals in a previously disease-free for those species in the 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. Consequently, the restricted zone established by the competent authority of Bulgaria in the Plovdiv County in Bulgaria should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2024/1039 should be repealed.(8)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)Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/968Commission Implementing Regulation (EU) 2024/968 of 21 March 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2024/968, 22.03.2024, ELI https://eur-lex.europa.eu/eli/reg_impl/2024/968/oj). following changes in the epidemiological situation as regards African swine fever in Czechia, Italy, Poland Slovakia, Latvia and Lithuania. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.(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 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') C/2023/7855 (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.(11)Since the date of adoption of Implementing Regulation (EU) 2024/968, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Greece, Italy and Poland.(12)Following those recent outbreaks of African swine fever in wild porcine animals in Greece, Italy and Poland 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. Article 5 of Implementing Regulation (EU) 2023/594 lays down special rules for the listing of restricted zones I in the event of an outbreak of African swine fever in kept or wild porcine animals in an area of a Member State bordering an area where no outbreak of African swine fever has been officially confirmed. While Article 6 of that Implementing Regulation lays down special rules for the listing of restricted zones II or infected zones in the event of an outbreak of African swine fever in wild porcine animals in a Member State. In addition, the risk management measures in place in those two Member States have been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.(13)In March 2024, an 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 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. 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 Annex I to Implementing Regulation (EU) 2023/594, that is in close proximity to the area listed as a restricted zone II affected by this recent outbreak, should be listed as a restricted zone II in that Annex, and the current boundary of restricted zone I also need to be redefined to take account of this outbreak.(14)Additionally, in April 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Epirus and Western Macedonia 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 restricted zone I thereof, and the current boundary of restricted zone I also need to be redefined to take account of this recent outbreak(15)Also in March 2024, two outbreaks of African swine fever in wild porcine animals were observed in the Lombardy and Piedmont 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 Annex I to Implementing Regulation (EU) 2023/594, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks, should be listed as restricted zones II in that Annex, and the current boundaries of restricted zones I also need to be redefined to take account of those outbreaks.(16)In addition, in March and April 2024, two outbreaks of African swine fever in wild porcine animals were observed in the Emilia Romagna and Lombardy 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 zone I thereof, and the current boundaries of restricted zones I also need to be redefined to take account of those recent outbreaks.(17)Also, in March 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Dolnośląskie, Świętokrzyskie and Zachodniopomorskie Regions in Poland, 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 Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks, should be listed as restricted zones II in that Annex, and the current boundaries of restricted zones I also need to be redefined to take account of those outbreaks.(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 Italy and Poland and listed as restricted zones I and II 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.(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 Annexes I and II 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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