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 . 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 (3) 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 a restricted zone by the competent authority of that Member State, in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687.

(5) Germany 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 State of Mecklenburg-Vorpommern on 7 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 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.

(6) Commission Implementing Decision (EU) 2024/1695 (4) was adopted following information received from Germany concerning this outbreak in kept porcine animals in the State of Mecklenburg-Vorpommern of that Member State.

(7) Further, the restricted zone established by the competent authority of Germany in the State of Mecklenburg-Vorpommern was listed in Part B of Annex II to Commission Implementing Regulation (EU) 2024/1857 (5) and Implementing Decision (EU) 2024/1695 was repealed. That restricted zone applied until 7 September 2024.

(8) Germany has informed the Commission of the current favourable African swine fever situation in kept porcine animals in the restricted zone in the State of Mecklenburg-Vorpommern, 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.

(9) Taking account of the current favourable African swine fever situation in kept porcine animals in the State of Mecklenburg-Vorpommern, and the measures duly implemented by Germany, in accordance with Delegated Regulation (EU) 2020/687, and in particular those laid down in Articles 21 and 22 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, it is appropriate to delist this area in the State of Mecklenburg-Vorpommern from Part B of Annex II to Implementing Regulation (EU) 2023/594 due to the absence of African swine fever outbreaks in kept and wild porcine animals in this restricted zone which comprised protection and surveillance zones, for the past three months.

(10) 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.

(11) Annex I to Implementing Regulation (EU) 2023/594 was last amended by Commission Implementing Regulation (EU) 2024/2491 (6) following changes in the epidemiological situation as regards African swine fever in wild porcine animals in Poland. Since the date of adoption of that Implementing Regulation, the epidemiological situation as regards that disease has evolved in certain Member States.

(12) 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.

(13) Since the date of adoption of Implementing Regulation (EU) 2024/2491, amending Implementing Regulation (EU) 2023/594, there have been new outbreaks of African swine fever in kept porcine animal in Italy and Poland. In addition, the epidemiological situation in kept porcine animals as well as in wild porcine animals has improved in certain areas of Hungary, Italy, Lithuania and Sweden.

(14) Following these recent outbreaks of African swine fever in kept porcine animals in Italy and Poland 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 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 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 these Member States has been reassessed and updated. These changes should also be reflected in Annex I to Implementing Regulation (EU) 2023/594.

(15) In September 2024, two outbreaks of African swine fever in kept porcine animals were observed in the Piedmont Region in Italy, in an area listed as restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity with an area currently listed as restricted zone III 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. In order to ensure territorial continuity, in accordance with Article 7(2) of Implementing Regulation (EU) 2023/594, this area of Italy currently listed as a restricted zone I in Annex I to that Implementing Regulation and affected by those recent outbreaks of African swine fever, should now be listed as a restricted zone III in that Annex and the current boundaries of restricted zones I and III also need to be redefined to take account of these outbreaks.

(16) Also, in September 2024, an outbreak of African swine fever in kept porcine animals was observed in the Piedmont Region in Italy, 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 I 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 Italy currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, should be listed as a restricted zone III in that Annex, and the current boundaries of the restricted zones I and III also need to be redefined to take account of this outbreak.

(17) In addition, in September 2024, an outbreak of African swine fever in kept porcine animals was observed in the Kujawsko-Pomorskie Region in Poland, in a restricted zone III listed in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity to an area currently listed as restricted zones 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 Poland currently listed as restricted zones II in Annex I to Implementing Regulation (EU) 2023/594, should be listed as restricted zones III in that Annex, and the current boundaries of the restricted zones II and III also need to be redefined to take account of this outbreak.

(18) Further, in September 2024 an outbreak of African swine fever in kept porcine animals was observed in the Zachodniopomorskie Region in Poland, in an area listed as restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, but in close proximity with areas currently listed as restricted zones III and 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. In order to ensure the territorial continuity, in accordance with article 7(2) of Implementing Regulation (EU) 2023/594, this area of Poland currently listed as a restricted zone I in Annex I to Implementing Regulation (EU) 2023/594, should be listed as a restricted zone III in that Annex, and the current boundaries of the restricted zones I, II and III also need to be redefined to take account of this outbreak.

(19) On the basis of the information and justification provided by Hungary, 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 Hungary 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 Jász-Nagykun-Szolnok and Békés counties in Hungary, 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 restricted zones I are still bordering these restricted zones II.

(20) In addition, on the basis of the information and justification provided by Hungary, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I listed in Annex I to Implementing Regulation (EU) 2023/594 and in the restricted zones that those restricted zones I are bordering, being applied in Hungary 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 Jász-Nagykun-Szolnok, Békés and Pest counties in Hungary, 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.

(21) Also, on the basis of the information and justification provided by Italy, 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 Italy 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, zones in the Liguria and Piedmont Regions in Italy, 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 that restricted zones II for the past twelve months and because those restricted zones I are still bordering restricted zones II.

(22) Further, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones I listed in Annex I to Implementing Regulation (EU) 2023/594, being applied in Italy 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, zones in the Liguria and Piedmont Regions in Italy, 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 that restricted zones I and in the zones that those restricted zones I are bordering, for the past twelve months.

(23) Also, on the basis of the information and justification provided by Italy, 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 Italy 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, a zone in the Calabria Region in Italy, 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 zone III for the past twelve months, while the disease is still present in wild porcine animals. This restricted zone III should now be listed as restricted zone II in that Annex taking account of the current African swine fever epidemiological situation.

(24) In addition, on the basis of the information and justification provided by Italy, and taking into account the effectiveness of the disease control measures for African swine fever for kept porcine animals in restricted zones III and I listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Italy 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 zones in the Sardinia Region in Italy, currently listed as restricted zones III and 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 III and I, and in the zones that those restricted zones III and I are bordering, for the past twelve months.

(25) Further, 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 kept porcine animals in certain restricted zones III 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 22, 25 and 40 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, a zone in the Marijampolė County in Lithuania, 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 zone III for the past twelve months, while the disease is still present in wild porcine animals. This restricted zone III should now be listed as restricted zone II in that Annex taking account of the current African swine fever epidemiological situation.

(26) Finally, on the basis of the information and justification provided by Sweden, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in certain restricted zones II and I listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Sweden 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 Västmanland county in Sweden, currently listed as restricted zones II and 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 II and I and in the zones that those restricted zones II and I are bordering, for the past twelve months.

(27) 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 Hungary, Italy, Lithuania and Poland and listed as restricted zones I, II and III in Annex I to Implementing Regulation (EU) 2023/594, and certain areas of restricted zones I, II and III should be delisted from that Annex for Hungary, Italy, Lithuania and Sweden. In addition the restricted zone which comprised protection and surveillance zones should be delisted from Part B of Annex II to that Regulation for Germany.

(28) 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.

(29) 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.

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