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) 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.

(4) Also, 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 an 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.

(5) 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.

(6) Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/2051 (5) following changes in the epidemiological situation as regards African swine fever in Czechia, Germany, Lithuania and Poland. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.

(7) 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 (6). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (7) of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(8) Since the date of adoption of Implementing Regulation (EU) 2024/2051, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in wild porcine animals in Greece, Italy and Poland, as well as new outbreaks of African swine fever in kept porcine animals in Germany, Lithuania and Poland.

(9) Following those recent outbreaks of African swine fever in wild and kept porcine animals in Germany, Greece, Italy, Lithuania 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, 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.

(10) Germany informed the Commission of the African swine fever situation on its territory, following the confirmation of an outbreak of that disease in kept porcine animal in the State of Hesse on 9 July 2024 in an area that was previously free of that disease. Accordingly, the competent authority of that Member State established a restricted zone, which comprises protection and surveillance zones, in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594.

(11) Further, the restricted zone, established by the competent authority of Germany in the State of Hesse was listed in Part B of Annex II to Implementing Regulation (EU) 2024/1994 (8). That restricted zone applies until 8 October 2024.

(12) Germany has informed the Commission of the current African swine fever situation in kept porcine animals in the restricted zone, which comprises protection and surveillance zones, in the State of Hesse, confirming several outbreaks in this species in that zone, and that the measures for the restricted zones have been duly implemented in accordance with Delegated Regulation (EU) 2020/687, in order to prevent the further spread of that disease.

(13) Taking account of the current African swine fever situation in kept porcine animals in the State of Hesse in Germany in accordance with Article 7(1) of Implementing Regulation (EU) 2023/594, this area in the State of Hesse in Germany should be delisted from Part B of Annex II to that Implementing Regulation and listed as restricted zone III in Annex I to that Implementing Regulation.

(14) In addition, in July 2024, several outbreaks of African swine fever in kept porcine animals were observed in the State of Hesse in Germany, in an area to be listed as Restricted zone III in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity to an area listed as Restricted zone II 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 Germany listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 that is in close proximity to an area to be listed as restricted zone III affected by those recent outbreaks 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 II also need to be redefined to take account of those outbreaks.

(15) In July 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Region of West Macedonia in Greece, 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 Greece currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, affected by this recent outbreak, should now be listed as a restricted zone II in that Annex instead of as a restricted zone I thereof, and the current boundaries of restricted zone I also need to be redefined to take account of this outbreak.

(16) In addition, in July 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Tuscany 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 that Annex 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. The current boundaries of restricted zone I also need to be redefined to take account of this outbreak.

(17) Also, in July 2024, an outbreak of African swine fever in kept porcine animals was observed in the Šiauliai county in Lithuania, in an area currently listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity to an area currently listed as a restricted zone II in that Annex. This new outbreak of African swine fever in kept porcine animals constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Lithuania currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, that is in close proximity to the area listed as a restricted zone III affected by this recent outbreak of African swine fever, should now be listed as a restricted zone III in that Annex instead of as restricted zone II thereof, and the current boundaries of restricted zone II also need to be redefined to take account of this outbreak.

(18) Further, in Poland, in July 2024, two outbreaks of African swine fever in kept porcine animals were observed in the Pomorskie and Wielkopolskie Regions 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 Annex I to Implementing Regulation (EU) 2023/594, should now be listed as restricted zones III in that Annex instead of as restricted zones II thereof, and the current boundaries of restricted zones II also need to be redefined to take account of this outbreak.

(19) In addition, in July 2024, several outbreaks of African swine fever in a wild porcine animals were observed in the Swietokrzyskie, Wielkopolskie and Zachodniopornoskie Regions in Poland, in areas currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594 but 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 the restricted zones I also need to be redefined to take account of those outbreaks.

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

(21) 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.

(22) 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.

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