COMMISSION IMPLEMENTING REGULATION (EU) 2023/141

of 19 January 2023

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) 2022/2568 (3) following changes in the epidemiological situation as regards that disease in 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 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) 2022/2568 there have been several outbreaks of African swine fever in wild porcine animals in Poland. Also, the epidemiological situation in certain zones listed as restricted zones III in Poland and Slovakia has improved as regard kept and wild porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.

(6) In December 2022, one outbreak of African swine fever in a wild porcine animal was observed in the Śląskie region in Poland, in an area currently not listed 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 not listed as a restricted zone in that Annex, affected by this recent outbreak of African swine fever, should now be listed as a restricted zone II in that Annex and the current boundaries of restricted zone I also need to be redefined to take account of this recent outbreak.

(7) Also, In December 2022, one outbreak of African swine fever in a wild porcine animal was observed in the Opolskie region in Poland, in an area currently listed as a 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 a restricted zone I in that Annex, affected by this recent outbreak of African swine fever, should now be listed as a restricted zone II in that Annex and the current boundaries of restricted zone I also need to be redefined to take account of this recent outbreak.

(8) In addition, in January 2023 one outbreak of African swine fever in a wild porcine animal was observed in the Warmińsko – Mazurskie region in Poland, in an area currently listed as a 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 a restricted zone I in that Annex, affected by this recent outbreak of African swine fever, should now be listed as a restricted zone II in that Annex and the current boundaries of restricted zone I also need to be redefined to take account of this recent outbreak.

(9) Following those recent outbreaks of African swine fever in wild porcine animals in Poland 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 accordance with Articles 5, 6 and 7 of Implementing Regulation (EU) 2021/605. 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.

(10) Also, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in the 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 (6), 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 WOAH Code, certain zones in the Warmińsko – Mazurskie region 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 these restricted zones III for the past three months, while the disease is still present in wild porcine animals. The restricted zones III should now be listed as restricted zones II taking account of the current African swine fever epidemiological situation.

(11) Further, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in the restricted zones III listed in Annex I to Implementing Regulation (EU) 2021/605 being applied in Poland in accordance with 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 WOAH Code, certain zones in the Świętokrzyskie region in Poland, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2021/605 should now be listed as restricted zones I in that Annex, due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones III for the past 12 months. The restricted zones III should now be listed as restricted zones I taking account of the current African swine fever epidemiological situation.

(12) Additionally, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in the restricted zones III listed in Annex I to Implementing Regulation (EU) 2021/605 being applied in Slovakia in accordance with 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 WOAH Code, certain zones in the Banská Bystica, Prešov, Sabinov, Vranov nad Topľou and a Humenné regions in Slovakia, 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 12 months, while the disease is still present in wild porcine animals. The restricted zones III should now be listed as restricted zones II taking account of the current African swine fever epidemiological situation.

(13) Also, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in the restricted zones III listed in Annex I to Implementing Regulation (EU) 2021/605 being applied in Slovakia in accordance with 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 WOAH Code, certain zones in the Zvolen region in Slovakia, 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 three months, while the disease is still present in wild porcine animals. The restricted zones III should now be listed as restricted zones II taking account of the current African swine fever epidemiological situation.

(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 Poland and Slovakia and listed as restricted zones I and II. 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 Annex I to Implementing Regulation (EU) 2021/605 by this Implementing 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 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, 19 January 2023. 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) 2022/2568 of 21 December 2022 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 330, 23.12.2022, p. 147).

(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 Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64).