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BAKGRUNN (fra kommisjonsforordningen)

(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 their exports to third countries.

(2) Commission Implementing Regulation (EU) 2023/594 (2) lays down special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States which are listed, or which have areas listed, in Annexes I and II thereto (the Member States concerned). That Implementing Regulation lays down rules on the listing at Union level in Annex I thereto of restricted zones I, II and III following outbreaks of African swine fever, and rules on the listing at Union level in Annex II thereto, following an outbreak of that disease in a previously disease-free Member State or zone.

(3) The areas listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 are based on the epidemiological situation of African swine fever in the Union.

(4) Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/1171 (3) following changes in the epidemiological situation as regards African swine fever in Czechia, Italy, Poland Slovakia, Latvia and Lithuania. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.

(5) Any amendments to the restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 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 as laid out in the African swine fever guidelines developed by the Commission and the Member States (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.

(6) Since the date of adoption of Implementing Regulation (EU) 2024/1171, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Czechia, Italy and Poland. In addition, the epidemiological situation in certain zones listed as restricted zones I and II in Germany, Lithuania and Poland in Annex I to Implementing Regulation (EU) 2023/594 has improved as regards wild porcine animals, due to the disease control measures being applied by those Member States in accordance with Union legislation.

(7) Following those recent outbreaks of African swine fever in wild porcine animals in Czechia, Italy and Poland and 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 accordance with Articles 5 and 6 of Implementing Regulation (EU) 2023/594. Article 5 of Implementing Regulation (EU) 2023/594 lays down special rules for the listing of restricted zones I in the event of an outbreak of African swine fever in kept or wild porcine animals in an area of a Member State bordering an area where no outbreak of African swine fever has been officially confirmed. While Article 6 of that Implementing Regulation lays down special rules for the listing of restricted zones II or infected zones in the event of an outbreak of African swine fever in wild porcine animals in a Member State. In addition, the risk management measures in place in those Member States have been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.

(8) In April 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Liberec Region in Czechia, in an area currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594. 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 Czechia 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 instead of as restricted zone I thereof, and the current boundary of restricted zone I also need to be redefined to take account of this recent outbreak

(9) Also, in April 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Lombardy Region in Italy, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, located in close proximity to an area currently listed as a restricted zone I in that Annex. 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 Italy currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, that is in close proximity to the area listed as a restricted zone II affected by this recent outbreak, should be listed as a restricted zone II in that Annex, and the current boundaries of the restricted zone I also need to be redefined to take account of this outbreak.

(10) In addition, in April 2024, two outbreaks of African swine fever in wild porcine animals were observed in the Dolnośląskie, Pomorskie and and Warmińsko-Mazurskie Regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, located in close proximity to areas currently listed as restricted zones 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 that Annex. Accordingly, those areas of Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594, that are in close proximity to the areas listed as restricted zones II affected by those recent outbreaks, should be listed as restricted zones II in that Annex, and the current boundaries of restricted zones I also need to be redefined to take account of those outbreaks.

(11) Additionally, on the basis of the information and justification provided by Germany, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Germany in accordance with Commission Delegated Regulation (EU) 2020/687 (6), 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 State of Saxony in Germany, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 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 II for the past twelve months and because these restricted zones I are still bordering restricted zones II.

(12) Further, on the basis of the information and justification provided by Germany, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I, and in the restricted zones that those restricted zones I are bordering, listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Germany 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 State of Saxony in Germany, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones I, and in the zones that those restricted zones I are bordering, for the past twelve months.

(13) Also, on the basis of the information and justification provided by Lithuania, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Lithuania 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 Joniškio and Ignalinos Districts in Lithuania, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 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 II for the past twelve months and because these restricted zones I are still bordering restricted zones II.

(14) In addition, on the basis of the information and justification provided by Poland, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II listed in Annex I to Implementing Regulation (EU) 2023/594 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 Podlaskie, Lubelskie and Mazowieckie Regions in Poland, currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 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 II for the past twelve months and because these restricted zones I are still bordering restricted zones II.

(15) Finally, on the basis of the information and justification provided by Poland, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I, and in the restricted zones that those restricted zones I are bordering, listed in Annex I to Implementing Regulation (EU) 2023/594 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 Kujawsko-Pomorskie Łódzkie and Mazowieckie Regions in Poland, currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594 should now be delisted from that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in those restricted zones I, and in the zones that those restricted zones I are bordering, for the past twelve months.

(16) 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 Czechia, Germany, Italy, Lithuania and Poland and listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2023/594, and certain parts of restricted zones I should be delisted for Germany and Poland in Annex I to that Regulation. 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.

(17) 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) 2023/594 by this Regulation take effect as soon as possible.

(18) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,