Commission Implementing Regulation (EU) 2024/2160 of 9 August 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
Commission Implementing Regulation (EU) 2024/2160of 9 August 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, ELI: http://data.europa.eu/eli/reg/2016/429/oj., 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, 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)Also, 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 an 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)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) 2024/2139Commission Implementing Regulation (EU) 2024/2139 of 1 August 2024 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2024/2139, 02.08.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2139/oj). following changes in the epidemiological situation as regards African swine fever in Germany, Greece, Italy, 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.(8)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') 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 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.(9)Since the date of adoption of Implementing Regulation (EU) 2024/2139, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Germany and Poland, as well as new outbreaks of African swine fever in kept porcine animals in Italy, Poland and Slovakia.(10)Following those recent outbreaks of African swine fever in wild and kept porcine animals in Germany, Italy, Poland and Slovakia 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.(11)Germany informed the Commission of the African swine fever situation on its territory, following the confirmation of an outbreak of that disease in a wild porcine animal in the State of Hesse 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 Germany currently listed as a restricted zone I in that Annex 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. The current boundaries of restricted zone I also need to be redefined to take account of this outbreak.(12)In addition, in August 2024, an outbreak of African swine fever in a wild porcine animals was observed in the State of Hesse 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. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation, this area of Germany currently listed as a restricted zone I 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.(13)Also, in July 2024, several outbreaks of African swine fever in kept porcine animals were observed in the Lombardy and Emilia Romagna Regions in Italy, in areas listed as restricted zones II 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 Italy currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, 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 II also need to be redefined to take account of those outbreak.(14)Further, in July 2024, an outbreak of African swine fever in a kept porcine animal was observed in the Piedmont Region in Italy, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594. In order to ensure territorial continuity, in accordance with Article 7(2) of that Implementing Regulation this area of Italy currently listed as a restricted zone I and affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex and the current boundaries of restricted zone I also need to be redefined to take account of this outbreak.(15)In July 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Zachodniopornoskie Region in Poland, in an area currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 but 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 Poland 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 restricted zone II affected by this recent outbreak, should be listed as a restricted zone II in that Annex, and the current boundaries of the restricted zone I also need to be redefined to take account of this outbreak.(16)In addition, in August 2024, an outbreak of African swine fever in a wild porcine animals was observed in the Podlaskie Region in Poland, in an area listed as 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. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation, this area of Poland currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594 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.(17)Also, in August 2024, an outbreak of African swine fever in kept porcine animals was observed in the Warmińsko-Mazurskie Region in Poland, in an area listed as restricted zone III in Annex I to Implementing Regulation (EU) 2023/594, but in located in close proximity to an area currently listed as a restricted zone II 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 Poland currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, that is in close proximity to the area listed as restricted zone III affected by this recent outbreak, should be listed as a restricted zone III in that Annex, and the current boundaries of the restricted zone II also need to be redefined to take account of this outbreak.(18)Further, in August 2024, an outbreak of African swine fever in kept porcine animals was observed in the Banskobystrický Region in Slovakia, in areas 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 constitute an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Slovakia currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof, and the current boundaries of the restricted zone II also need to be redefined to take account of this outbreak.(19)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, Italy, Poland and Slovakia and listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594.(20)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.(21)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.(22)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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