COMMISSION IMPLEMENTING REGULATION (EU) 2022/1460

of 2 September 2022

amending Annex I to Implementing Regulation (EU) 2021/605 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 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) 2022/1413 (3) following changes in the epidemiological situation as regards that disease in Germany, Italy and Latvia.

(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 (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(5) Since the date of adoption of Implementing Regulation (EU) 2022/1413 there have been new outbreaks of African swine fever in kept porcine animals in Lithuania and Latvia, as well as new outbreaks of African swine fever in wild porcine animals in Poland. Also, the overall epidemiological situation of African swine fever in Italy has not improved.

(6) In August 2022, several outbreaks of African swine fever in kept porcine animals were observed in the Marijampole county in Lithuania in areas currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2021/605, located in close proximity to areas listed as restricted zones II thereof. 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 Lithuania currently listed as restricted zones II in that Annex, that are in close proximity to the areas listed in restricted zones III affected by those recent outbreaks of African swine fever, should now be listed as restricted zones III in that Annex instead of as restricted zones II thereof and the current boundaries of restricted zones II also need to be redefined to take account of those recent outbreaks.

(7) In addition, in August 2022, one outbreak of African swine fever in kept porcine animals was observed in the Marijampole county in Lithuania in an area currently listed as restricted zone II in Annex I to Implementing Regulation (EU) 2021/605. 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 Lithuania currently listed as restricted zone II in that Annex, affected by this recent outbreak of African swine fever, should now be listed as restricted zone III in that Annex instead of as restricted zone II thereof and the current boundaries of restricted zone II also need to be redefined to take account of this recent outbreak.

(8) Also, in August 2022, several outbreaks of African swine fever in wild porcine animals were observed in the Zachodniopomorskie region in Poland in an area currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2021/605. 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 Poland currently listed as restricted zone I in that Annex, affected by those recent outbreaks of African swine fever, should now be listed as restricted zone II in that Annex instead of as restricted zone I thereof and the current boundaries of restricted zone I also need to be redefined to take account of those recent outbreaks.

(9) Additionally, in August 2022, one outbreak of African swine fever in kept porcine animals were observed in the Kuldigas county in Latvia in an area currently listed as restricted zone III in Annex I to Implementing Regulation (EU) 2021/605, located in close proximity to an area listed as restricted zone II thereof. 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 areas of Latvia currently listed as restricted zone II in that Annex, that is in close proximity to the area listed in restricted zone III affected by this recent outbreak of African swine fever, should now be listed as restricted zone III in that Annex instead of as restricted zone II thereof and the current boundaries of restricted zone II also need to be redefined to take account of this recent outbreak.

(10) Finally, on 27 May 2022, a case of African swine fever in a wild porcine animal was observed in Italy in the Rieti Province, in the Lazio Region. Commission Implementing Decisions (EU) 2022/875 (6) and (EU) 2022/920 (7) were adopted in response to this case. Implementing Decision (EU) 2022/920 repealed and replaced Implementing Decision (EU) 2022/875 and it applies until 31 August 2022. Implementing Decision (EU) 2022/920 provides for the establishment of an infected zone in accordance with Article 63 of Commission Delegated Regulation (EU) 2020/687 (8), as well as the special control measures for African swine fever applicable to restricted zones II laid down in Implementing Regulation (EU) 2021/605.

(11) Considering the overall epidemiological situation of African swine fever in Italy 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 Italy affected by this outbreak of African swine fever, should now be listed as restricted zone I and II in Annex I to Implementing Regulation (EU) 2021/605.

(12) Following those recent outbreaks of African swine fever in kept porcine animals in Lithuania and Latvia, as well as in wild porcine animals in Poland and considering risks arising from the African swine fever situation in wild porcine animals in Italy in 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 addition, the risk management measures in place have also been reassessed and updated. These changes should be reflected in Annex I to Implementing Regulation (EU) 2021/605.

(13) 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, Latvia, Lithuania and Poland and duly listed as restricted zones I, II and III 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.

(14) 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.

(15) 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 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, 2 September 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) 2022/1413 of 19 August 2022 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 217, 22.8.2022, p. 6).

(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 Implementing Decision (EU) 2022/875 of 1 June 2022 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L 152, 3.6.2022, p. 190).

(7) Commission Implementing Decision (EU) 2022/920 of 13 June 2022 concerning certain emergency measures relating to African swine fever in Italy (OJ L 159, 14.6.2022, p. 90).

(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).