Commission Implementing Regulation (EU) 2023/1300 of 22 June 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 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 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, which are listed or which have areas listed in Annexes I and II thereto (the Member States concerned). Annex I to that Implementing Regulation lists restricted zones I, II and III following outbreaks of that disease.

(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) 2023/1080 (3) following changes in the epidemiological situation as regards that disease in Germany, Greece, Italy and Poland. 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 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 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 (4). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (5) of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(5) Commission Delegated Regulation 2020/687 (6) 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 Implementing Regulation (EU) 2018/1882 (7). In particular, Articles 22, 25 and 40 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 kept animals, including African swine fever in kept porcine animals. Notably, those measures provide for the establishment of restricted zones and prohibitions on movements of kept animals of listed species and products of animal origin thereof.

(6) Also, Articles 63 to 66 of Commission 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 measures provide for the establishment of an infected zone and prohibitions on movements of wild animals of listed species and products of animal origin thereof.

(7) Since the date of adoption of Implementing Regulation (EU) 2023/1080 amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in kept porcine animals in Greece and Poland, and new outbreaks of African swine fever in wild porcine animals in Poland and Slovakia. In addition, the epidemiological situation in certain zones listed as restricted zones I, II and III in Hungary, Poland and Slovakia in Annex I to Implementing Regulation (EU) 2023/594 has improved as regards kept and wild porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.

(8) In June 2023, one outbreak of African swine fever in kept porcine animals was observed in the Serres 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 kept porcine animals 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, affected by this recent outbreak, should instead be listed as a restricted zone III in that Annex, and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.

(9) Also, in June 2023, several outbreaks of African swine fever in kept porcine animals were observed in the Wielkopolskie, Lubelskie and Warmińsko-Mazurskie regions in Poland, in areas currently 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 Poland currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as restricted zones III in that Annex, and the current boundaries of restricted zones II need to be redefined to take account of those outbreaks.

(10) Furthermore, in June 2023, two outbreaks of African swine fever in wild porcine animals were observed in the Małopolskie and Dolnośląskie regions 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 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 Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594, should be listed as restricted zones II in that Annex, and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.

(11) Additionally, in June 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Podkarpackie region 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 need to be redefined to take account of those outbreaks.

(12) Finally, in June 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Žarnovica district in Slovakia, 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. 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, this area of Slovakia 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 those recent outbreaks, should be listed as a restricted zone II in that Annex, and the current boundaries of restricted zones I need to be redefined to take account of those outbreaks.

(13) Following those recent outbreaks of African swine fever in kept porcine animals in Greece and Poland, and in wild porcine animals in 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. 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.

(14) Additionally, on the basis of the information and justification provided by Hungary, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Hungary in accordance with 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 Jász-Nagykun-Szolnok, Pest and Békés counties in Hungary, 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. Accordingly, those areas listed as restricted zones II should now be listed as restricted zones I in that Annex taking account of the current African swine fever epidemiological situation.

(15) In addition, on the basis of the information and justification provided by Hungary, and 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 Hungary in accordance with 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 Jász-Nagykun-Szolnok, Bács-Kiskun and Csongrád-Csanád counties in Hungary, 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.

(16) Further, on the basis of the information and justification provided by Poland, and taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in certain restricted zones III listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Poland 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, certain zones in the Warmińsko Mazurskie and Wielkopolskie regions in Poland, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones II in that Annex, due to the absence of African swine fever outbreaks in kept porcine animals in these restricted zones III for the past twelve months, while the disease is still present in wild porcine animals. Those restricted zones III should now be listed as restricted zones II in that Annex taking account of the current African swine fever epidemiological situation.

(17) Finally, on the basis of the information and justification provided by Slovakia, and taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in certain restricted zones III listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Slovakia 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, certain zones in the Michalovce and Sobrance districts in Slovakia, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as restricted zones II in that Annex, due to the absence of African swine fever outbreaks in kept porcine animals in these restricted zones III for the past twelve months, while the disease is still present in wild porcine animals. Those restricted zones III should now be listed as restricted zones II in that Annex taking account of the current African swine fever epidemiological situation.

(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 Greece, Hungary, Poland and Slovakia and listed as restricted zones I, II and III, as well as certain parts of restricted zones I should be delisted for Hungary 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 Annex I 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:

Article 1

Amendments to Implementing Regulation (EU) 594/2023

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

Article 2

Entry into force

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, 22 June 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) Commission Implementing Regulation (EU) 2023/1080 of 2 June 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 144, 5.6.2023, p. 14).

(4) 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.

(5) 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/.

(6) Commission 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).

(7) Commission 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).