Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying down special control measures for African swine fever (Text with EEA relevance)

• Date of Signature: 07 April 2021
• Published date: 15 April 2021
• Official Gazette Publication: Official Journal of the European Union, L 129, 15 April 2021

15.4.2021 EN Official Journal of the European Union L 129/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/605

of 7 April 2021

laying down special control measures for African swine fever

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’ (1)), and in particular Article 71(3) thereof

Whereas:

(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 exports to third countries. In the event of an outbreak of African swine fever, there is a risk that the disease agent may spread between establishments of kept porcine animals and in the metapopulations of wild porcine animals. The spread of the disease can significantly affect the productivity of the farming sector due to both direct and indirect losses.

(2) Since 1978, the African swine fever virus has been present in Sardinia, Italy, and since 2014 there have been outbreaks of that disease in other Member States as well as in neighbouring third countries. Currently, African swine fever can be considered as endemic disease in the populations of porcine animals in a number of third countries bordering the Union and it represents a permanent threat for populations of porcine animals in the Union. The present African swine fever disease situation also poses a health risk for kept porcine animals in unaffected areas of the Member States currently concerned by the disease, as well as for kept porcine animals in other Member States, notably in view of movements of consignments of porcine animals and commodities from porcine animals.

(3) Commission Implementing Decision 2014/709/EU (2) lays down animal health control measures in relation to African swine fever in the Member States and has been amended many times to take account mainly of developments in the epidemiological situation in the Union as regards that disease and new scientific evidence. It applies until 21 April 2021.

(4) Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases, which are transmissible to animals or humans. African swine fever falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Annex to Commission Implementing Regulation (EU) 2018/1882 (3) lists African swine fever as a Category A, D and E disease affecting Suidae, while Commission Delegated Regulation (EU) 2020/687 (4) supplements the rules for the control of category A, B and C diseases laid down in Regulation (EU) 2016/429, including disease control measures for African swine fever. Those three acts apply from 21 April 2021.

(5) It is necessary to adapt the current Union control measures for African swine fever laid down in Implementing Decision 2014/709/EU to align them with the new legislative framework for animal health established by Regulation (EU) 2016/429, and in order to improve the control of that disease in the Union by simplifying the Union rules so to enable a more effective and rapid implementation of control measures. It is also necessary to align Union rules as much as possible with international standards, such as those set out in Chapter 15.1 ‘Infection with African swine fever virus’ of the Terrestrial Animal Health Code of the World Organization for Animal Health (5) (OIE code). The control measures laid down in this Regulation should take account of the experience gained in the application of Implementing Decision 2014/709/EU.

(6) The epidemiological situation of African swine fever in affected Member States and globally poses a high risk for the further spread of that disease in the Union. The general disease control measures laid down in Regulation (EU) 2016/429 and in Delegated Regulation (EU) 2020/687 do not cover all specific details and aspects in relation to the spread and the epidemiological situation of African swine fever. It is therefore appropriate to lay down in this Regulation special disease control measures for a limited period of time, under conditions appropriate to the epidemiological situation of African swine fever in the Union.

(7) This Regulation should provide for a regionalisation approach, which should apply in addition to the disease control measures laid down in Regulation (EU) 2020/687 and list the restricted zones of Member States concerned by outbreaks of African swine fever or at risk due to their proximity to such outbreaks. Those restricted zones should be differentiated by the epidemiological situation of African swine fever and the level of risk and classed as restricted zones I, II and III, with restricted zone III listing the areas with the highest level of risk for the spread of that disease and the most dynamic disease situation in kept porcine animals. They should be listed in Annex I to this Regulation taking account of the information provided by the competent authority of the Member States concerned as regards the disease situation, scientifically based principles and criteria for geographically defining regionalisation due to African swine fever and Union’s guidelines agreed with the Member States at the Standing Committee on Plants, Animals, Food and Feed and publicly available on Commissions website (6), the level of risk for the spread of African swine fever and the overall epidemiological situation of African swine fever in the Member State concerned and in the neighbouring areas, where relevant.

(8) Any amendments of the restricted zones I, II and III in Annex I to this Regulation should be based on similar considerations as were used for listing and should take account of international standards, such as Chapter 15.1 ‘Infection with African swine fever virus’ of the OIE Code, such as indicating the absence of the disease for a period of at least 12 months in the zone or a country. In certain situations, taking account of the justification provided by the competent authority of the Member States concerned and scientifically based principles and criteria for geographically defining regionalisation due to African swine fever and guidelines available at Union level, that period should be reduced to three months.

(9) As regards risks for the spread of African swine fever, movements of consignments of porcine animals and different porcine commodities pose different levels of risk. As a general rule, movements of consignments of kept porcine animals, of germinal products and of animal by-products of porcine origin from restricted zones pose a higher level of risk in terms of exposure and consequences, than movements of consignments of products of animal origin, including in particular fresh meat and meat products, including casings, as indicated in the Scientific Opinion of the European Food Safety Authority on African Swine Fever, adopted on 11 March 2010 (7). Therefore, movements of consignments of kept porcine animals, and various products of porcine origin from restricted zones II and III listed in Annex I to this Regulation should be prohibited in a manner proportionate to the risk involved and taking into account the rules laid down in Delegated Regulation (EU) 2020/687 and Commission Delegated Regulation (EU) 2020/2154 (8).

(10) The rules laid down in Commission Delegated Regulation (EU) 2020/686 (9) supplement Regulation (EU) 2016/429, as regards the approval of germinal product establishments, the registers of germinal product establishments to be kept by the competent authorities, the record-keeping obligations of operators, the traceability and animal health requirements, and animal health certification and notification requirements for movements within the Union of consignments of germinal products of certain kept terrestrial animals in order to prevent the spread of transmissible animal diseases within the Union by those products. This Regulation should refer to Delegated Regulation (EU) 2020/689 as regards the information required to be kept by the competent authority of approved germinal product establishments for porcine animals.

(11) Regulation (EC) No 1069/2009 (10) lays down animal health rules for animal by-products in order to prevent and minimise risks to animal health arising from those by-products. In addition, Commission Regulation (EU) No 142/2011 (11) lays down certain animal health rules for animal by-products covered by Regulation (EC) No 1069/2009, including rules regarding the certification requirements for movements of consignments of those by-products in the Union. These legal acts do not cover all specific details and aspects in relation to risk of the spread of African swine fever through animal by-products obtained from porcine animals kept in restricted zones II and III and animal by-products obtained from wild porcine animals from restricted zones I, II and III. It is therefore appropriate to lay down in this Regulation special disease control measures related to animal by-products and their movements from restricted zones I, II and III.

(12) In order to take account of the different levels of risk depending on the type of porcine commodities and the epidemiological situation in the Member States and the restricted zones concerned by the spread of African swine fever, this Regulation should provide for certain

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