Commission Implementing Regulation (EU) 2023/947 of 11 May 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) (4) amending Annex I to Implementing Regulation (EU) 2023/594, following changes in the epidemiological situation as regards that disease in Greece. 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) There have been new outbreaks of African swine fever in wild porcine animals in the Czech Republic and in Italy.

(6) In May 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Liberec Region in the Czech Republic, in an area currently not listed as a restricted zone 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 Annex I to Implementing Regulation (EU) 2023/594. Accordingly, this area of the Czech Republic currently not listed as a restricted zone in Annex I to Implementing Regulation (EU) 2023/594, affected by this recent outbreak, due to its proximity to areas currently listed as restricted zones I and II and in order to ensure territorial continuity 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) In May 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Piedmont and Liguria 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 Annex I to Implementing Regulation (EU) 2023/594. 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 Annex I to Implementing Regulation (EU) 2023/594 and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.

(8) Following those recent outbreaks of African swine fever in wild porcine animals in the Czech Republic and in Italy 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. 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.

(9) 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 the Czech Republic and for Italy 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.

(10) 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.

(11) 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, 11 May 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) Notified under number C(2023) 3174.

(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/