COMMISSION IMPLEMENTING REGULATION (EU) 2022/440

of 16 March 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) 2022/205 (3) following changes in the epidemiological situation as regards that disease in Lithuania, Poland 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) 2022/205 there have been new outbreaks of African swine fever in wild porcine animals in Italy and Poland. In addition, the epidemiological situation in certain zones listed as restricted zones III in Bulgaria and Poland has improved as regards kept porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.

(6) In January 2022, a case of African swine fever in a wild porcine animal was observed in Italy in the Piedmont region. Commission Implementing Decisions (EU) 2022/28 (6) and (EU) 2022/62 (7) were adopted in response to this case. Implementing Decision (EU) 2022/62 repealed and replaced Implementing Decision (EU) 2022/28 and it applies until 7 April 2022. Implementing Decision (EU) 2022/62 provides for the establishment of an infected zone in accordance with Article 63 of 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.

(7) In January, February and March 2022, several outbreaks of African swine fever in wild porcine animals were observed in the Piedmont and Liguria regions of Italy in areas currently included in the infected zone established by Italy following the first outbreak in January 2022 in accordance with Article 63 of Delegated Regulation (EU) 2020/687.

(8) 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) 2021/605. Accordingly, those areas of Italy affected by those recent outbreaks of African swine fever, should now be listed as restricted zones I and II in that Annex.

(9) In March 2022, one outbreak of African swine fever in a wild porcine animal was observed in the Wielkopolskie region in Poland in an area currently listed as restricted zone I in Annex I to Implementing Regulation (EU) 2021/605. 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 restricted zone I in that Annex, affected by this recent outbreak 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 this recent outbreak.

(10) Following those recent outbreaks of African swine fever 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 these 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.

(11) In addition, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in restricted zones III listed in Annex I to Implementing Regulation (EU) 2021/605 being applied in Bulgaria in accordance with Commission 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 OIE Code, certain zones in the Lovech, Gabrovo, Montana, Ruse, Shumen, Sliven, Targovishte, Vidin and Burgas regions in Bulgaria, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2021/605 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 those restricted zones III for the past twelve months. Those restricted zones III should now be listed as restricted zones II taking account of the current African swine fever epidemiological situation.

(12) In addition, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in restricted zones III listed in Annex I to Implementing Regulation (EU) 2021/605 being applied in Poland in accordance with Commission 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 OIE Code, certain zones in the Dolnośląskie, and Warmińsko – Mazurskie regions in Poland, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2021/605 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 those restricted zones III for the past twelve months. Those restricted zones III should now be listed as restricted zones II taking account of the current African swine fever epidemiological situation.

(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 Bulgaria, Italy and Poland 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.

(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, 16 March 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) 2022/205 of 14 February 2022 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 34, 16.2.2022, 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, 28th Edition, 2019. ISBN of volume I: 978-92-95108-85-1; ISBN of volume II: 978-92-95108-86-8. https://www.oie.int/standard-setting/terrestrial-code/access-online/

(6) Commission Implementing Decision (EU) 2022/28 of 10 January 2022 concerning certain interim emergency measures relating to African swine fever in Italy (OJ L 6, 11.1.2022, p. 11).

(7) Commission Implementing Decision (EU) 2022/62 of 14 January 2022 concerning certain emergency measures relating to African swine fever in Italy (OJ L 10, 17.1.2022, p. 84).

(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).