LegalizeCommission Implementing Regulation (EU) 2023/1407 of 4 July 2023 amending 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’) (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) 2023/1300 (3) following changes in the epidemiological situation as regards that disease in Greece, Hungary, Poland and Slovakia. 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) There have been new outbreaks of African swine fever in kept porcine animals in Greece, Italy, Latvia, Lithuania, and Poland, and in wild porcine animals in Italy and Poland.
(6) In June 2023, one outbreak of African swine fever in kept porcine animals was observed in the Central Macedonia 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.
(7) Also, in June 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Calabria Region in Italy, in an area currently not listed as a restricted zone 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 that Annex. Accordingly, this area of Italy currently not listed as a restricted zone in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead 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.
(8) Furthermore, in June 2023, two outbreaks of African swine fever in kept porcine animals were observed in the Calabria Region in Italy, in an area currently not listed as a restricted zone 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, this area of Italy currently not listed as a restricted zone in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, 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 those outbreaks.
(9) Also, in June 2023, two outbreaks of African swine fever in kept porcine animals were observed in the Marijampolė county in Lithuania, in an area currently listed as a restricted zone 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, this area of Lithuania currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, affected by those recent outbreaks, should instead be listed as a restricted zone III in that Annex, and the current boundaries of restricted zone II need to be redefined to take account of those outbreaks.
(10) Additionally, in June 2023, one outbreak of African swine fever in kept porcine animals was observed in the Lubelskie 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 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 II need to be redefined to take account of this outbreak.
(11) In addition, in June 2023, several outbreaks of African swine fever in wild porcine animals were observed in the Mazowieckie and Zachodniopomorskie 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.
(12) Also, in June 2023, one outbreak of African swine fever in a wild porcine animal was observed in the Podkarpackie region in Poland, 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 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 a restricted zone II affected by this recent outbreak, should be listed as a restricted zone II in that Annex, and the current boundaries of restricted zone I need to be redefined to take account of this outbreak.
(13) Finally, In June 2023, one outbreak of African swine fever in kept porcine animals was observed in Vidzemes region 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 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 II need to be redefined to take account of this outbreak.
(14) Following those recent outbreaks of African swine fever in kept porcine animals in Greece, Italy, Latvia, Lithuania, and Poland and in wild porcine animals in Italy 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. 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.
(15) Finally, in May 2023, several outbreaks of African swine fever in kept and wild porcine animals were observed in previously disease-free zones in the Calabria region in Italy. Commission Implementing Decision (EU) 2023/985 (6) and Commission Implementing Regulation (EU) 2023/1080 (7) were adopted in response to those outbreaks. Implementing Regulation (EU) 2023/1080 repealed Implementing Decision (EU) 2023/985 and listed in Parts A and Part B of Annex II to Implementing Regulation (EU) 2023/594 the areas identified in Implementing Decision (EU) 2023/985 in Italy.
(16) Considering the overall epidemiological situation of African swine fever in Italy and the new outbreaks of African swine fever in kept and wild porcine animals in the Calabria region, those areas of Italy affected by those outbreaks of African swine fever, should now be listed as restricted zones II and III in Annex I to Implementing Regulation (EU) 2023/594, and delisted from Parts A and B of Annex II to that Implementing Regulation.
(17) 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, Italy, Latvia, Lithuania and Poland and listed as restricted zones I, II and III 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.
(18) The areas of Italy concerning the Calabria Region as identified in Parts A and B of Annex II to Implementing Regulation (EU) 2023/594 should be delisted from that Annex and listed as restricted zones II and III in Annex I to Implementing Regulation (EU) 2023/594.
(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 Annexes I and II 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
Annexes I and II to Implementing Regulation (EU) 2023/594 are 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, 4 July 2023.
For the Commission The President Ursula VON DER LEYEN
(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) 2023/1300 of 22 June 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 161, 27.6.2023, p. 1)
(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/
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