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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 Delegated Regulation 2020/687 (2) 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 (3). In particular, Articles 21 and 22 of Delegated Regulation (EU) 2020/687 provide for certain measures to be taken in the event of an official confirmation of an outbreak of category A disease in kept animals, including African swine fever in kept porcine animals. Notably, those provisions provide for the establishment of a restricted zone, which comprises protection and surveillance zones, and prohibitions on movements of kept animals of listed species and products of animal origin thereof.

(3) In addition, 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 provisions provide for the establishment of an infected zone and prohibitions on movements of wild animals of listed species and products of animal origin thereof.

(4) Commission Implementing Regulation (EU) 2023/594 (4) 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.

(5) In addition, in the case of an outbreak of African swine fever in kept porcine animals in a Member State, Article 3, point (a), of Implementing Regulation (EU) 2023/594 provides for the establishment of a restricted zone by the competent authority of that Member State, in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687.

(6) Germany informed the Commission of the current African swine fever situation on its territory, following the confirmation of an outbreak of that disease in kept porcine animals in the State of Mecklenburg-Vorpommern on 07 June 2024 in a previously disease free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Germany established a restricted zone, which comprises protection and surveillance zones, where the general disease control measures laid down in Delegated Regulation (EU) 2020/687 are applied, in order to prevent the further spread of that disease.

(7) Commission Implementing Decision (EU) 2024/1695 (5) was adopted following information received from Germany concerning that outbreak in kept porcine animals in the State of Mecklenburg-Vorpommern of that Member State. It provides, inter alia, that Germany is to ensure that the measures laid down in Article 21(1) of Delegated Regulation (EU) 2020/687 are applied. Implementing Decision (EU) 2024/1695 applies until 07 September 2024.

(8) In the case of a first and single outbreak of African swine fever in kept porcine animals in a previously disease-free for those species in the Member State or zone, Article 7(2) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as a restricted zone, which comprises protection and surveillance zones, in Part B of Annex II to that Implementing Regulation. Consequently, the restricted zone established by the competent authority of Germany in the State of Mecklenburg-Vorpommern in Germany should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2024/1695 should be repealed.

(9) In addition, in the case of an outbreak of African swine fever in wild porcine animals in a Member State, Article 3, point (b), of Implementing Regulation (EU) 2023/594 provides for the establishment of an infected zone by the competent authority of that Member State, in accordance with Article 63 of Delegated Regulation (EU) 2020/687.

(10) Germany informed the Commission of the current African swine fever situation on its territory, following the confirmation of an outbreak of that disease in wild porcine animals in the State of Hesse on 16 June 2024 in an area that was previously free of that disease. Accordingly, the competent authority of that Member State established an infected zone in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594.

(11) Commission Implementing Decision (EU) 2024/1790 (6) was adopted following information received from Germany concerning that outbreak in wild porcine animals in the State of Hesse of that Member State. It provides, inter alia, that Germany is to apply amongst others the measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. Implementing Decision (EU) 2024/1790 applies until 16 September 2024.

(12) In the case of a first outbreak of African swine fever in wild porcine animals in a previously disease-free Member State or zone, Article 6(2) of Implementing Regulation (EU) 2023/594 provides for the listing of that area as an infected zone in Part A of Annex II to that Implementing Regulation. Consequently, the infected zone established by the competent authority of Germany in the State of Hesse in Germany should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2024/1790 should be repealed.

(13) In addition, the African swine fever epidemiological situation has improved in Bulgaria as regards kept porcine animals due to the disease control measures being applied by this Member State in accordance with Union legislation.

(14) Bulgaria informed the Commission of the African swine fever situation on its territory at the time, following the confirmation of one outbreak of that disease in kept porcine animals in the Plovdiv County on 22 March 2024 in a previously disease-free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Bulgaria established a restricted zone, which comprised protection and surveillance zones, where the general disease control measures laid down in Delegated Regulation (EU) 2020/687 were applied, in order to prevent the further spread of that disease.

(15) Commission Implementing Decision (EU) 2024/1039 (7) was adopted following information received from Bulgaria concerning this outbreak in kept porcine animals in the Plovdiv County of that Member State.

(16) Further, the restricted zone established by the competent authority of Bulgaria in the Plovdiv County was listed in Part B of Annex II to Implementing Regulation (EU) 2023/594 (8) and Implementing Decision (EU) 2024/1039 was repealed. That restricted zone applied until 25 June 2024.

(17) Bulgaria has informed the Commission of the current favourable African swine fever situation in kept porcine animals in the restricted zone in the Plovdiv County, while the disease is still present in wild boar, and that the measures for protection and surveillance zones have been duly implemented in accordance with Delegated Regulation (EU) 2020/687, in order to prevent the further spread of that disease.

(18) Taking account of the current favourable African swine fever situation in kept porcine animals in the Plovdiv County, while the disease is still present in wid boar, and the measures duly implemented by Bulgaria, and in order to prevent any unnecessary disturbance to trade, it is appropriate to delist those areas in the Plovdiv County from Part B of Annex II to Implementing Regulation (EU) 2023/594 and list those areas as restricted zones II in Annex I to that Implementing Regulation.

(19) 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.

(20) Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/1661 (9) following changes in the epidemiological situation as regards African swine fever in Czechia and Poland. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.

(21) Any amendments to the restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594 should also 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 (10). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (11) of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(22) Since the date of adoption of Implementing Regulation (EU) 2024/1661, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Italy, Poland and Slovakia, as well as new outbreaks of African swine fever in kept porcine animals in Greece, Latvia, Lithuania and Poland .

(23) Following those recent outbreaks of African swine fever in wild and kept porcine animals in Greece, Italy, Latvia, Lithuania, Poland and Slovakia 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, 6 and 7 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. Article 6 of that 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. Article 7 of that Regulation lays down special rules for the listing of restricted zones III or restricted zones in the event of an outbreak of African swine fever in kept 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.

(24) In June 2024, two outbreaks of African swine fever in kept porcine animals were observed in the Macedonia and Thrace Region in Greece in an area currently listed as a restricted zone III 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. 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, this area of Greece 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 zones III affected by those recent outbreaks, should be listed as a restricted zone III in that Annex. The current boundaries of restricted zone I also need to be redefined to take account of those outbreaks.

(25) Also, in June 2024 several outbreaks of African swine fever in wild porcine animals were observed in the Campania 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. 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 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 those recent outbreaks, should 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 those outbreaks.

(26) In addition, in June 2024, an outbreak of African swine fever in kept porcine animals was observed in the Panevežys county in Lithuania, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594. This new outbreak of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, thise area of Lithuania currently listed as a restricted zone II in that Annex affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof. The current boundaries of restricted zone I also need to be redefined to take account of those outbreaks.

(27) Further, in June 2024, several outbreaks of African swine fever in kept porcine animals were observed in the Lubelskie, Warmińsko-Mazurskie, Wielkopolskie and Zachodniopomorskie Regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594. 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 Poland currently listed as restricted zones II in that Annex affected by those recent outbreaks of African swine fever, should now be listed as restricted zones III in that Annex instead of as restricted zone II thereof. The current boundaries of restricted zone I also need to be redefined to take account of those outbreaks.

(28) Also, in June 2024 an outbreak of African swine fever in a wild porcine animal was observed in the Kujawsko-Pomorskie Region in Poland, in an area currently not listed in Annex I to Implementing Regulation (EU) 2023/594 but in close proximity to areas listed as restricted zones I and II in Annex I to that Implementing Regulation. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation this area of Poland currently not listed and 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 outbreak.

(29) Further, in June 2024 several outbreaks of African swine fever in wild porcine animals were observed in the Kujawsko-pomorskie and Dolnośląskie 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.

(30) In addition, in May and June 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Banskobystrický and Nitriansky Regions in Slovakia, 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 Slovakia 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.

(31) Finally, in June 2024, an outbreak of African swine fever in kept porcine animals was observed in the Valmieras county in Latvia, in an area currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594. This new outbreak of African swine fever in kept porcine animals constitute an increased level of risk, which should be reflected in that Annex. Accordingly, thise area of Latvia currently listed as a restricted zone II in that Annex affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as a restricted zone II thereof. The current boundaries of restricted zone I also need to be redefined to take account of those outbreaks.

(32) 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, Greece, Italy, Latvia, Lithuania, Poland and Slovakia and listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594.

(33) Also, the restricted zone established by the competent authority of Germany in the State of Mecklenburg-Vorpommern in Germany should be listed in Part B of Annex II to Implementing Regulation (EU) 2023/594. The infected zone established by the competent authority of Germany in the State of Hesse in Germany should be listed in Part A of Annex II and the areas in Plovdiv County in Bulgaria should be delisted from Part B of Annex II and listed as restricted zones II in Annex I to that Implementing Regulation.

(34) 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.

(35) 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 Annexes I and II to Implementing Regulation (EU) 2023/594 by this Regulation take effect as soon as possible.

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