Commission Implementing Regulation (EU) 2024/1994 of 16 July 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) 2024/1994of 16 July 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, 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 (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, 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 certain measures to be taken in the event of an official confirmation of an outbreak of category A disease in kept animals, including African swine fever in kept porcine animals. Notably, those provisions provide for the establishment of a restricted zone, which comprises protection and surveillance zones, and prohibitions on movements of kept animals of listed species and products of animal origin thereof.(3)In addition, 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, 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.(5)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.(6)Also, 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)Germany 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 State of Hesse on 9 July 2024 in an area currently free of that disease. Accordingly, the competent authority of that Member State established a restricted zone, which comprises protection and surveillance zones, in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594.(8)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 the 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 Germany in the State of Hesse in Germany should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594.(9)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.(10)Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/1946Commission Implementing Regulation (EU) 2024/1946 of 8 July 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2024/1946, 09.07.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1946/oj). following changes in the epidemiological situation as regards African swine fever in Italy, Latvia, Lithuania and Poland. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.(11)Any amendments to the restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 should also 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 CodeWOAH terrestrial code 31st Edition, 2023. Volumes I and II ISBN 978-92-95121-74-4 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.(12)Since the date of adoption of Implementing Regulation (EU) 2024/1946, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Poland, as well as new outbreaks of African swine fever in kept porcine animals in Lithuania, Latvia and Poland. Also, the epidemiological situation in certain zones listed as restricted zones III in Germany 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.(13)Following those recent outbreaks of African swine fever in wild and kept porcine animals in Latvia, Lithuania 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, 6 and 7 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. Article 6 of that 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. Article 7 of that Regulation lays down special rules for the listing of restricted zones III or restricted zones in the event of an outbreak of African swine fever in kept porcine animals in a Member State. In addition, the risk management measures in place in those Member States have been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.(14)In July 2024, an outbreak of African swine fever in kept porcine animals was observed in the Madonas county in Latvia, 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 that Annex. Accordingly, this area of Latvia currently listed as a restricted zone II in that Annex affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof. The current boundaries of restricted zone II also need to be redefined to take account of this outbreak.(15)In addition, in July 2024, an outbreak of African swine fever in kept porcine animals was observed in the Kaunas county in Lithuania, 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 that Annex. Accordingly, this area of Lithuania currently listed as a restricted zone II in that Annex affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof. The current boundaries of restricted zone II also need to be redefined to take account of this outbreak.(16)Also, in July 2024, two outbreaks of African swine fever in kept porcine animals were observed in the Wielkopolskie Regions in Poland, in areas currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity to areas currently listed as restricted zones II in that Annex. Those new outbreaks of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, those area of Poland currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, that are in close proximity to the area listed as restricted zones III affected by those recent outbreaks of African swine fever, should now be listed as restricted zones III in that Annex instead of as restricted zones II thereof, and the current boundaries of restricted zones I and II also need to be redefined to take account of those outbreaks.(17)Further, in July 2024, two outbreaks of African swine fever in kept porcine animals were observed in the Wielkopolskie Region in Poland, 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 kept 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 that Annex affected by those recent outbreaks of African swine fever, should now be listed as restricted zones III in that Annex instead of as restricted zones I thereof. The current boundaries of restricted zones I also need to be redefined to take account of those outbreaks.(18)In addition, in July 2024, an outbreak of African swine fever in a wild porcine animal were observed in the Pomorskie Region in Poland, in an area currently listed as restricted zone I in Annex I to Implementing Regulation (EU) 2023/594. This new outbreak of African swine fever in wild a porcine animal constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Poland currently listed as restricted zones I in that Annex affected by this recent outbreaks of African swine fever, should now be listed as a restricted zones II in that Annex instead of as a restricted zone I thereof. The current boundaries of the restricted zone I also need to be redefined to take account of this outbreak.(19)Also, in July 2024, an outbreak of African swine fever in kept porcine animals was observed in the Zachodniopomorskie Region in Poland, 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 that Annex. Accordingly, this area of Poland currently listed as a restricted zone II in that Annex affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof. The current boundaries of restricted zone II also need to be redefined to take account of this outbreak.(20)Further, in July 2024, an outbreak of African swine fever in wild porcine animals was observed in the Zachodniopomorskie Region in Poland, in an area currently free of that disease but in close proximity to areas listed as restricted zones I and II in Annex I to that Implementing Regulation. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation this area of Poland currently not listed and affected by this recent outbreak of African swine fever, should now be listed as a restricted zone II in that Annex and the current boundaries of restricted zone I also need to be redefined to take account of this outbreak.(21)In addition, Poland informed the Commission of the confirmation of one outbreak of African swine fever in wild porcine animals in the Pomorskie Region on 25 April 2024 in an area that was previously free of that disease. 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.(22)Commission Implementing Decision (EU) 2024/1310Commission Implementing Decision (EU) 2024/1310 of 6 May 2024 concerning certain interim emergency measures relating to African swine fever in Poland (OJ L, 2024/1310, 8.5.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1310/oj). was adopted following information received from Poland concerning that outbreak in wild porcine animals in the Pomorskie Region of that Member State.(23)Further, the infected zone established by the competent authority of Poland in the Pomorskie Region was listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2024/1310 was repealed. That restricted zone applies until 24 July 2024.(24)Poland has informed the Commission of the current African swine fever situation in wild porcine animals in the infected zone in the Pomorskie Region, confirming further outbreaks in those species in that area, and that the measures for the infected 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 African swine fever situation in wild porcine animals in the Pomorskie Region, and the measures duly implemented by Poland, and in order to prevent any unnecessary disturbance to trade, it is appropriate to delist this area in the Pomorskie Region from Part A of Annex II to Implementing Regulation (EU) 2023/594 and list this area as restricted zones II and I in Annex I to that Implementing Regulation.(26)Finally, 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 kept porcine animals in a restricted zones III 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 22, 25 and 40 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, a zone in the State of Brandenburg in Germany, currently listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as a restricted zone II in that Annex due to the absence of African swine fever outbreaks in kept porcine animals in this restricted zones III for the past twelve months, while the disease is still present in wild porcine animals.(27)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, Latvia, Lithuania and Poland and listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594.(28)Also, the restricted zone which comprises protection and surveillance zones, established by the competent authority of Germany in the State of Hesse in Germany should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594.(29)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.(30)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.(31)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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