Commission Implementing Regulation (EU) 2023/861 of 26 April 2023 amending 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’) (1), and in particular Article 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 the consignments of those animals and products thereof within the Union and their exports to third countries.

(2) Commission Implementing Regulation (EU) 2023/594 (2) lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States (3), which are listed or whose areas are listed in Annexes I and II.

(3) 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. Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2023/835 (4) following changes in the epidemiological situation as regards that disease in Italy, Poland and Lithuania. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease in certain Member States concerned has evolved.

(4) Any amendments to 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 and the Union’s guidelines agreed with the Member States at the Standing Committee on Plants, Animals, Food and Feed and publicly available on the Commission’s website (5). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (6) of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(5) Since the date of adoption of Implementing Regulation (EU) 2023/835 there has been an outbreak of African swine fever in a wild porcine animal in Latvia, and the epidemiological situation in certain zones listed as restricted zones I and II in Poland has improved as regard wild porcine animals, due to the disease control measures being applied by this Member State in accordance with Union legislation.

(6) In April 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Dienvidkurzemes Region in Latvia, 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 Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this areas of Latvia 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 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.

(7) Following this recent outbreak of African swine fever in a wild porcine animal in Latvia and taking into account the current epidemiological situation as regards African swine fever in the Union, zoning in this 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 be reflected in Annex I to Implementing Regulation (EU) 2023/594.

(8) Additionally, taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in the restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Poland in accordance with Commission 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 Mazowieckie, Podkarpackie and Małopolskie regions in Poland, 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. The restricted zones II should now be listed as restricted zones I taking account of the current African swine fever epidemiological situation.

(9) Further, on the basis of the information and justification provided by the Polish competent authority 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 Poland in accordance with Commission 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 Podkarpackie region in Poland, 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.

(10) 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 Latvia and Poland, and listed as restricted zones I and II, as well as certain parts of restricted zones I should be delisted for Poland 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.

(11) 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 Implementing Regulation take effect as soon as possible.

(12) 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:

Article 1

Annex I to Implementing Regulation (EU) 2023/594 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 April 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(2) Commission 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).

(3) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Regulation references to Member States include the United Kingdom in respect of Northern Ireland.

(4) Commission Implementing Regulation (EU) 2023/835 of 19 April 2023 amending Implementing Regulation (EU) 2023/594 as regards special disease control measures for African swine fever (OJ L 105, 20.4.2023, p. 9).

(5) Working Document SANTE/7112/2015/Rev. 3 “Principles and criteria for geographically defining ASF regionalisation”. https://ec.europa.eu/food/animals/animal-diseases/control-measures/asf_en

(6) OIE 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/