(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 (EU) 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 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.

(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 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.

(5) Germany informed the Commission of the African swine fever situation on its territory, following the confirmation of an outbreak of that disease in a wild porcine animal in the State of Brandenburg on 22 November 2024 in a previously disease free zone. In accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, Germany established an infected zone 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.

(6) Commission Implementing Decision (EU) 2024/2976 (5) was adopted following information received from Germany concerning that outbreak in a wild porcine animal in the State of Brandenburg of that Member State. It provides, inter alia, that Germany is to apply the special disease control measures applicable to restricted zones II referred to in Article 8(2) of Implementing Regulation (EU) 2023/594, and the measures provided for in Article 8(3) and (4) of that Implementing Regulation, in the areas listed as an infected zone in the Annex to Implementing Decision (EU) 2024/2976, in addition to the disease control measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. Implementing Decision (EU) 2024/2976 applies until 21 February 2025.

(7) 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 Brandenburg in Germany should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594 and Implementing Decision (EU) 2024/2976 should be repealed.

(8) Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/2928 (6) following changes in the epidemiological situation as regards African swine fever in Croatia, Germany, Italy, 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.

(9) Since the date of adoption of Implementing Regulation (EU) 2024/2928, amending Implementing Regulation (EU) 2023/594, there has been a new outbreaks of African swine fever in wild porcine animals in Germany, Italy, Poland and Slovakia. In addition, the epidemiological situation in kept and wild porcine animals has improved in certain areas of Latvia and Poland.

(10) Following these recent outbreaks of African swine fever in wild porcine animals in Germany, Italy, Poland and Slovakia and taking into account the current epidemiological situation as regards African swine fever in the Union, zoning in these 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. 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. In addition, the risk management measures in place in these Member States has been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.

(11) 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 (7). Such amendments should also take account of international standards, such as the Terrestrial Animal Health Code (8) of the World Organisation for Animal Health (WOAH) and justifications for zoning provided by the competent authorities of the Member States concerned.

(12) In December 2024, an outbreak of African swine fever in a wild porcine animal was observed in the State of Hessen in Germany, in an area 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. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation this area of Germany currently listed as a restricted zone I 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 zones I and II also need to be redefined to take account of this outbreak.

(13) Also, in November 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Liguria Region in Italy, in an area listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity with 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. This area of Italy currently listed as a restricted zone I in Annex I to that Implementing Regulation, should now be listed as a restricted zone II in that Annex and the current boundaries of the restricted zone II and I also need to be redefined to take account of this outbreak.

(14) In addition, in November 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Opolskie Region in Poland, in areas listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594. These new outbreaks of African swine fever in wild porcine animals constitute an increased level of risk, which should be reflected in that Annex. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation these areas of Poland currently listed as restricted zones I affected by those recent outbreaks of African swine fever, should now be listed as restricted zones II in that Annex and the current boundaries of restricted zones I and II also need to be redefined to take account of those outbreaks.

(15) Further, in November 2024 two outbreaks of African swine fever in wild porcine animals were observed in the Pomorskie and Świętokrzyskie Regions in Poland, in areas listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity with areas currently listed as restricted zones I in that Annex. These new outbreaks of African swine fever in wild porcine animals constitute an increased level of risk, which should be reflected in that Annex. Those areas of Poland currently listed as restricted zones I in Annex I to Implementing Regulation (EU) 2023/594, should be listed as restricted zones II in that Annex, and the current boundaries of the restricted zones I and II also need to be redefined to take account of these outbreaks.

(16) Furthermore, in December 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Nitriansky County in Slovakia, in an area 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. In order to ensure territorial continuity, in accordance with Article 6(2) of that Implementing Regulation this area of Slovakia currently listed as a restricted zone I 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 zones I and II also need to be redefined to take account of this outbreak.

(17) Finally, in December 2024, an outbreak of African swine fever in a wild porcine animal was observed in the Nitriansky County in Slovakia, in an area listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity with 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. This area of Slovakia currently listed as restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, should be listed as a restricted zone II in that Annex, and the current boundaries of the restricted zones I and II also need to be redefined to take account of this outbreak.

(18) On the basis of information and justification provided by Latvia, and 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) 2023/594 being applied in Latvia 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, the zone in the Valkas county in Latvia, currently listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as a restricted zone II in that Annex, due to the absence of African swine fever outbreaks in kept porcine animals in this restricted zones III for the past three months, while the disease is still present in wild porcine animals.

(19) 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 kept porcine animals in restricted zones III 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 22, 25 and 40 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, the zones in the Pomorskie and Kujawsko – Pomorskie Regions in Poland, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 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.

(20) Also, 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 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, the zones in the Podkarpackie 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 12 months and because those zones are still bordering restricted zones II.

(21) Further, 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 a restricted zone I 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, the certain zones in the Mazowieckie and Podkarpackie 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 these restricted zones I for the past 12 months.

(22) 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, Italy, Latvia, Poland and Slovakia and listed as restricted zones I and II in Annex I to Implementing Regulation (EU) 2023/594, and certain restricted zones I should be delisted from that Annex for Poland.

(23) Also, the infected zone, in the State of Brandenburg in Germany should be listed in Part A of Annex II to Implementing Regulation (EU) 2023/594.

(24) 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.

(25) 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.

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