LegalizeCommission Implementing Regulation (EU) 2023/2469 of 31 October 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
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) and 259(1) 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 (EU) 2020/687 (2) 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) 2018/1882 (3). In particular, Article 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.
(3) Commission Implementing Regulation (EU) 2023/594 (4) lays down special disease control measures regarding African swine fever. In particular, in the case of an outbreak of African swine fever in wild porcine animals in a Member State, Article 3, point (b), of Implementing Regulation (EU) 2023/594 provides for the establishment of an infected zone by the competent authority of that Member State, in accordance with Article 63 of Delegated Regulation (EU) 2020/687.
(4) In addition, following an outbreak of African swine fever in wild porcine animals in a previously disease-free Member State or zone, Article 6(2) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as an infected zone in Part A of Annex II to that Implementing Regulation.
(5) Also, following an outbreak of African swine fever in wild porcine animals in an area of a Member State, Article 6(1) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as a restricted zone II in Part II of Annex I.
(6) Implementing Regulation (EU) 2023/594 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. 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) Annexes I and II to Implementing Regulation (EU) 2023/594 were last amended by Commission Implementing Regulation (EU) 2023/2421 (5) following changes in the epidemiological situation as regards that disease in Croatia, 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.
(8) 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 States 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 (6). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (7) 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) 2023/2421 amending Implementing Regulation (EU) 2023/594, the overall epidemiological situation of African swine fever in Croatia has not improved, as further outbreaks have occurred in a zone already affected by African swine fever, notwithstanding the disease control measures being applied by this Member State in accordance with Union legislation.
(10) 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 and 6 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 Annexes I and II to Implementing Regulation (EU) 2023/594.
(11) On 13 July 2023 Croatia informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of an outbreak of that disease in a wild porcine animal in the Karlovacka Region in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Croatia has established an infected zone, where the general disease control measures laid down in Delegated Regulation (EU) 2020/687 are applied, in order to prevent the further spread of that disease.
(12) Commission Implementing Decision (EU) 2023/1554 (8) was adopted following information received from Croatia concerning this outbreak in a wild porcine animal in a previously disease-free zone in the Karlovacka Region of that Member State. Further, the infected zone established by the competent authority of Croatia in the Karlovacka Region was listed in Part A of Annex II to Commission Implementing Regulation (EU) 2023/1590 (9) and Implementing Decision (EU) 2023/1554 was repealed. That restricted zone applied until 26 October 2023. However, further outbreaks have occurred in the Karlovacka Region since the first outbreak in July 2023.
(13) Considering the overall epidemiological situation of African swine fever in Croatia and the epidemiology of that disease and also taking account of international standards, such as the Terrestrial Animal Health Code of the WOAH, this area of Croatia affected by those outbreaks of African swine fever, should now be listed as restricted zones I and II in Parts I and II of Annex I to Implementing Regulation (EU) 2023/594 and be delisted from Part A of Annex II to that Implementing Regulation.
(14) 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 Croatia 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.
(15) 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.
(16) 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) 2023/594
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, 31 October 2023.
For the Commission The President Ursula VON DER LEYEN
(2) 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).
(3) 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).
(4) 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).
(5) Commission Implementing Regulation (EU) 2023/2421 of 24 October 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L, 2023/2421, 25.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2421/oj).
(6) 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
(7) 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/
(8) Commission Implementing Decision (EU) 2023/1554 of 19 July 2023 concerning certain interim emergency measures relating to African swine fever in Croatia (OJ L 188, 27.7.2023, p. 51).
(9) Commission Implementing Regulation (EU) 2023/1590 of 1 August 2023 amending Annexes I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (OJ L 195, 3.8.2023, p. 4).