COMMISSION IMPLEMENTING REGULATION (EU) 2022/889

of 3 June 2022

amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever and repealing Implementing Decision (EU) 2022/746

(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 consignments of those animals and products thereof within the Union and exports to third countries.

(2) Commission Implementing Regulation (EU) 2021/605 (2) was adopted within the framework of Regulation (EU) 2016/429, and it lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States listed in Annex I thereto (the Member States concerned), in restricted zones I, II and III listed in that Annex.

(3) The areas listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2021/605 are based on the epidemiological situation of African swine fever in the Union. Annex I to Implementing Regulation (EU) 2021/605 was last amended by Commission Implementing Regulation (EU) 2022/852 (3) following changes in the epidemiological situation as regards that disease in Germany and Slovakia.

(4) Any amendments to restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2021/605 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 and justifications for zoning provided by the competent authorities of the Member States concerned.

(5) Since the date of adoption of Implementing Regulation (EU) 2022/852 there have been new outbreaks of African swine fever in wild porcine animals in Italy.

(6) Firstly, at the beginning of May 2022, several cases of African swine fever in wild porcine animal were observed in Italy in the municipality of Rome in the Lazio region. Commission Implementing Decisions (EU) 2022/717 (6) and (EU) 2022/746 (7) were adopted in response to those cases. Implementing Decision (EU) 2022/746 repealed and replaced Implementing Decision (EU) 2022/717 and it applies until 31 August 2022. Implementing Decision (EU) 2022/746 provides for the establishment of an infected zone in accordance with Article 63 of Commission Delegated Regulation (EU) 2020/687 (8) and Article 3, point (b), of Implementing Regulation (EU) 2021/605, as well as for the special control measures for African swine fever applicable to restricted zones II laid down in Implementing Regulation (EU) 2021/605 to apply in that infected zone.

(7) Subsequently, later in May 2022, an outbreak of African swine fever in a wild porcine animal was observed in the Lazio region of Italy in an area currently not included in the infected zone established by Italy following the first outbreaks of that disease at the beginning of May 2022, in accordance with Article 63 of Delegated Regulation (EU) 2020/687 and Article 3, point (b), of Implementing Regulation (EU) 2021/605.

(8) Again in May 2022, several further outbreaks of African swine fever in wild porcine animals were observed in the Lazio region of Italy in the infected zone established by Italy following the first outbreaks at the beginning of May 2022, in accordance with Article 63 of Delegated Regulation (EU) 2020/687 and Article 3, point (b), of Implementing Regulation (EU) 2021/605.

(9) Following those recent outbreaks of African swine fever in wild porcine animals in Italy 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 addition, the risk management measures in place have also been reassessed and updated. Those recent 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) 2021/605. Consequently, that Annex should be updated by listing those areas of Italy affected by those recent outbreaks of African swine fever as restricted zones I and II.

(10) Accordingly, 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 Italy and duly listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2021/605. 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 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) 2021/605 by this Implementing Regulation take effect as soon as possible.

(12) In the interests of legal certainty, it is appropriate to repeal Implementing Decision (EU) 2022/746.

(13) 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) 2021/605 is replaced by the text set out in the Annex to this Regulation.

Article 2 Implementing Decision (EU) 2022/746 is repealed.

Article 3 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, 3 June 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(2) Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (OJ L 129, 15.4.2021, p. 1).

(3) Commission Implementing Regulation (EU) 2022/852 of 20 May 2022 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 150, 1.6.2022, p. 23).

(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, 28th Edition, 2019. ISBN of Volume I: 978-92-95108-85-1; ISBN of Volume II: 978-92-95108-86-8. https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/

(6) Commission Implementing Decision (EU) 2022/717 of 6 May 2022 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L 133, 10.5.2022, p. 42).

(7) Commission Implementing Decision (EU) 2022/746 of 13 May 2022 concerning certain emergency measures relating to African swine fever in Italy (OJ L 137, 16.5.2022, p. 173).

(8) 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).