COMMISSION IMPLEMENTING REGULATION (EU) 2022/2067

of 25 October 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) 2022/1911 (3) following changes in the epidemiological situation as regards that disease in Germany and Italy. 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) Commission Delegated Regulation (EU) 2020/689 (6) 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 (7). In particular, Article 9 of Delegated Regulation (EU) 2020/689 provides for certain measures to classify an animal or a group of animals as a suspected or confirmed case of a listed disease, including African swine fever.

(6) Commission Delegated Regulation (EU) 2020/687 (8) 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 Implementing Regulation (EU) 2018/1882. In particular, Articles 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 measures provide for the establishment of an infected zone and prohibitions on movements of wild animals of listed species and products of animal origin thereof.

(7) In May 2022, Italy has informed the Commission of the current African swine fever situation on its territory, following a suspected case of that disease in a wild porcine animal in the Rieti Province, in the Lazio Region. Using the precautionary principle, the competent authority of that Member State treated the suspected case of African swine fever as if it were a confirmed case of African swine fever, and established an infected zone as provided for in the case of the official confirmation of that disease in Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2021/605.

(8) In October 2022, Italy informed the Commission that the continuous and detailed disease control measures and the passive surveillance of kept and wild porcine animals demonstrate the absence of the circulation of the African swine fever virus in the Rieti province, and that the Italian competent authority is in a position to conclude that the suspected case of African swine fever in the Rieti province should not be considered as a confirmed case of African swine fever in accordance with Article 9(2), point (b), of Delegated Regulation (EU) 2020/689 because, despite the fact that a nucleic acid specific to the disease was identified in the results of tests on the animal, the animal did not show any clinical signs consistent with the disease and any epidemiological links with another suspected or confirmed cases was ruled out.

(9) In addition, since the date of adoption of Implementing Regulation (EU) 2022/1911 there have been new outbreaks of African swine fever in wild porcine animals in Germany. Furthermore, the epidemiological situation in certain zones listed as restricted zones I and III in Poland has improved as regards kept and wild porcine animals.

(10) In October 2022, several outbreaks of African swine fever in wild porcine animals were observed in the state of Brandenburg in Germany, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2021/605, located in close proximity to an area in the state of Brandenburg currently listed as a restricted zone I in that Annex. 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, the current boundaries of the restricted zones I and II should be amended to take account of those recent outbreaks.

(11) Following those recent outbreaks of African swine fever in wild porcine animals in the state of Brandenburg in Germany 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.

(12) Furthermore, taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in certain 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 areas in the Lubelskie, Podkarpackie, Wielkopolskie and Lubuskie 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 outbreaks of African swine fever in kept porcine animals in those restricted zones III for the past 12 months, while the disease is still present in wild porcine animals. Those 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 I 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 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, certain zones in the Podkarpackie, Łódzkie and Śląskie regions in Poland, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2021/605 should now be deleted from the 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 I for the past 12 months. The restricted zones I should now be deleted from that Annex to take account of the current African swine fever epidemiological situation.

(14) Also, on the basis of the information and justifications received from Italy, in particular taking account of the completion of the epidemiological investigation and the effectiveness of the disease control measures for African swine fever, and taking account of the current favourable African swine fever situation in wild porcine animals in the Lazio region and the disease control measures duly implemented by Italy, in order to prevent any unnecessary disturbance to trade, it is appropriate that the restricted zones I and II in the province of Rieti should now be deleted from Annex I to Implementing Regulation (EU) 2021/605 to take account of the current African swine fever epidemiological situation in that Member State.

(15) 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 Germany and Poland, and listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2021/605. Also, certain parts of restricted zone I should be deleted from that Annex for Poland. 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.

(16) 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.

(17) 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, 25 October 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) 2022/1911 of 6 October 2022 amending Annex I to Implementing Regulation (EU) 2021/605 laying down special control measures for African swine fever (OJ L 261, 7.10.2022, 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 Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (OJ L 174, 3.6.2020, p. 211).

(7) 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).

(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).