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) 2024/2886 (3) following changes in the epidemiological situation as regards African swine fever in Italy and Poland. 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 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 (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) 2024/2886, amending Implementing Regulation (EU) 2023/594, there has been a new outbreak of African swine fever in kept porcine animals in Germany, as well as in wild porcine animals in Poland. In addition, the epidemiological situation in kept porcine animals has improved in certain areas of Croatia, Germany, Italy, Lithuania and Poland.

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

(8) In November 2024, an outbreak of African swine fever in kept porcine animals was observed in the State of Hessen in Germany, 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 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. This area of Germany currently listed as a restricted zone II in Annex I to that Implementing Regulation, should now be listed as a restricted zone III in that Annex and the current boundaries of the restricted zone II also need to be redefined to take account of this outbreak.

(9) In addition, in November 2024, several outbreaks of African swine fever in wild porcine animals were observed in the Kujawsko-Pomorskie and Pomorskie Regions in Poland, in areas listed as restricted zones III 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 those outbreaks.

(10) On the basis of information and justification provided by Croatia, 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 Croatia 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, the zones in the Sisak-Moslavina and Karlovac Counties in Croatia, 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 these restricted zones II for the past twelve months.

(11) Also, on the basis of the information and justification provided by Croatia, and taking into account the effectiveness of the disease control measures for African swine fever for wild porcine animals in restricted zones I and II listed in Annex I to Implementing Regulation (EU) 2023/594 being applied in Croatia 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 Sisak-Moslavina and Karlovac Counties in Croatia, currently listed as restricted zones I and II 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 for the past twelve months.

(12) In addition, 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 a restricted zone II 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, the zone in the State of Brandenbug in Germany, currently listed as a restricted zone II in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as a restricted zone I in that Annex due to the absence of African swine fever outbreaks in kept and wild porcine animals in this restricted zone II for the past twelve months and because that zone is still bordering a restricted zone II.

(13) 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 restricted zones I 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, the zones in the State of Brandenburg 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 for the past twelve months.

(14) Also, 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 kept porcine animals in certain restricted zones III 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 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 States of Hessen and Rhineland-Palatinate in Germany, 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 those restricted zones III for the past three months, while the disease is still present in wild porcine animals.

(15) In addition, 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 kept porcine animals in a restricted zones III 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 22, 25 and 40 and 64, 65 and 67 thereof, and in line with the risk mitigation measures for African swine fever set out in the WOAH Code, the zone in the State of Rhineland-Palatinate in Germany, currently listed as a restricted zone III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as a restricted zones I in that Annex, due to the absence of African swine fever outbreaks in kept and wild porcine animals in this restricted zone III for the past three months and because that zone is still bordering a restricted zone II.

(16) 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 a restricted zone I 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, the zones in the State of Rhineland-Palatinate 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 this restricted zones I for the past three months.

(17) Furthermore, on the 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 a 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, the zone in the Emilia Romagna 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 three months, while the disease is still present in wild porcine animals.

(18) 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 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, the zones in the Klaipedos, Panevezio and Šiauliai Regions in Lithuania, 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 this restricted zones III for the past three months, while the disease is still present in wild porcine animals.

(19) 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 kept porcine animals in a restricted zone 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 zone in the Warmińsko-Mazurskie Region in Poland, currently listed as restricted zones III in Annex I to Implementing Regulation (EU) 2023/594 should now be listed as 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 three months, while the disease is still present in wild porcine animals.

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

(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 Annex I 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,