Commission Implementing Decision (EU) 2024/2976 of 27 November 2024 concerning certain interim emergency measures relating to African swine fever in Germany (notified under document C(2024) 8574)

Official Journal EN of the European Union L series 2024/2976 28.11.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/2976 of 27 November 2024 concerning certain interim emergency measures relating to African swine fever in Germany (notified under document C(2024) 8574) (Only the German text is authentic) (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 259(2) 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. (2) In the event of outbreaks of African swine fever in wild porcine animals, there is a serious risk of the spread of that disease to other wild porcine animals and to establishments of kept porcine animals. (3) 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 disease control 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. (4) Commission Implementing Regulation (EU) 2023/594(4) lays down special disease control measures regarding African swine fever. In particular, Article 3, point (b), of that Implementing Regulation provides for the establishment of an infected zone in the case of an outbreak of African swine fever in wild porcine animals, in accordance with Article 63 of Delegated Regulation (EU) 2020/687. In addition, Article 6 of Implementing Regulation (EU) 2023/594 provides that following an outbreak of African swine fever in wild porcine animals in a previously disease-free Member State or zone, that area is to be listed as an infected zone in Part A of Annex II thereto, and that the infected zone established in accordance with Article 63 of Delegated Regulation (EU) 2020/687 is to be adjusted without delay to comprise at least the infected zone listed in Part A of Annex II to that Implementing Regulation. (1) OJ L 84, 31.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/429/oj. (2) Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64, ELI: http://data.europa.eu/eli/reg_del/2020/687/oj). (3) Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (OJ L 308, 4.12.2018, p. 21, ELI: http://data.europa.eu/eli/reg_impl/2018/1882/oj). (4) Commission Implementing Regulation (EU) 2023/594 of 16 March 2023 laying down special disease control measures for African swine fever and repealing Implementing Regulation (EU) 2021/605 (OJ L 79, 17.3.2023, p. 65, ELI: http://data.europa.eu/eli/ reg_impl/2023/594/oj). ELI: http://data.europa.eu/eli/dec_impl/2024/2976/oj 1/4EN OJ L, 28.11.2024 (5) Furthermore, Article 8(2) of Implementing Regulation (EU) 2023/594 provides that the Member States concerned are to apply the special disease control measures laid down in that Implementing Regulation applicable to restricted zones II in the areas listed as infected zones in Part A of Annex II thereto, in addition to the measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. In addition, Article 8(3) of Implementing Regulation (EU) 2023/594 provides that the Member States are to prohibit the movements of consignments of kept porcine animals and products thereof to other Member States and to third countries from the infected zone of that Member State concerned listed in Part A of Annex II. (6) Finally, Article 8(4) of Implementing Regulation (EU) 2023/594 provides that the competent authority of the Member State concerned may decide that the prohibition provided for in Article 8(3) of that Implementing Regulation does not apply to the movements of consignments of meat products, including casings, obtained from porcine animals kept in the infected zone listed in Part A of Annex II thereto, which have undergone the relevant risk-mitigating treatment in accordance with Annex VII to Delegated Regulation (EU) 2020/687. (7) Germany has informed the Commission of the current African swine fever situation on its territory, following the confirmation of one outbreak of African swine fever in a wild porcine animal in the State of Brandenburg on 22 November 2024in an area that was previously free of that disease. Accordingly, the competent authority of that Member State has established an infected zone in accordance with Delegated Regulation (EU) 2020/687 and Implementing Regulation (EU) 2023/594, 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. (8) In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade by third countries, it is necessary to identify at Union level the infected zone for African swine fever in Germany in collaboration with that Member State. (9) In addition, in order to prevent the further spread of African swine fever, pending the listing of the areas of Germany affected by the recent outbreak of African swine fever in wild porcine animals, as an infected zone in Part A of Annex II to Implementing Regulation (EU) 2023/594, those areas of Germany should be listed in the Annex to this Decision and they should be subject to the special disease control measures applicable to restricted zones II as provided for in Article 8(2) of Implementing Regulation (EU) 2023/594 for areas which have been listed as infected zones in Part A of Annex II to that Implementing Regulation. (10) Due to the persistent and serious nature of the epidemiological situation of African swine fever in the Union, and taking account of the increased immediate risk of the further spread of the disease, the special disease control measures for African swine fever provided for in Articles 8(3) and (4) of Implementing Regulation (EU) 2023/594, should also apply to movements of consignments of kept porcine animals and products thereof from the areas listed in the Annex to this Decision to other Member States and to third countries, in addition to the disease control measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. (11) Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that the emergency disease control measures laid down in this Decision apply as soon as possible. (12) Accordingly, pending the opinion of the Standing Committee on Plants, Animals, Food and Feed, the infected zone in Germany should be established immediately and listed in the Annex to this Decision and the duration of that zoning fixed, and emergency disease control measures should be laid down. Bearing in mind the duration of the zoning, this Decision should apply until 21 February 2025. (13) This Decision is to be reviewed at the next meeting of the Standing Committee on Plants, Animals, Food and Feed, 2/4 ELI: http://data.europa.eu/eli/dec_impl/2024/2976/ojEN OJ L, 28.11.2024 HAS ADOPTED THIS DECISION: Article 1 Germany shall ensure that an infected zone for African swine fever is established immediately on its territory in accordance with Article 63 of Delegated Regulation (EU) 2020/687, and Article 3, point (b), of Implementing Regulation (EU) 2023/594, and that it comprises at least the areas listed in the Annex to this Decision. Article 2 Germany shall 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 this Decision, in addition to the disease control measures laid down in Articles 63 to 66 of Delegated Regulation (EU) 2020/687. Article 3 Germany shall apply the disease control measures referred to in Articles 1 and 2 until at least the dates specified in the Annex. Article 4 This Decision shall apply until 21 February 2025. Article 5 This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 27 November 2024. For the Commission Stella KYRIAKIDES Member of the Commission ELI: http://data.europa.eu/eli/dec_impl/2024/2976/oj 3/4EN OJ L, 28.11.2024 ANNEX Areas established as an infected zone in Germany as referred to in Article 1 Date until applicable BRANDENBURG Landkreis Oberhavel: — Gemeinde Gransee mit den Gemarkungen Seilershof, Neulögow, Altlüdersdorf, Gransee, Kraatz, Buberow und Teilen der Gemarkungen Dannenwalde und Meseberg, — Gemeinde Fürstenberg/ Havel mit den Gemarkungen Tornow und Teilen der Gemarkungen Blumenow, Barsdorf, — Gemeinde Zehdenick mit den Gemarkungen Burgwall, Marienthal, 21.2.2024 Zabelsdorf, Ribbeck, Mildenberg, Badingen, Klein—Mutz und Teilen der Gemarkungen Zehdenick, Bergsdorf, — Gemeinde Löwenberger Land mit den Gemarkungen Gutengermendorf und Teilen der Gemarkungen Häsen, — Gemeinde Schönermark, — Gemeinde Sonnenberg mit den Gemarkungen Sonnenberg und Teilen der Gemarkung Baumgarten, — Gemeinde Großwoltersdorf mit Teilen der Gemarkungen Großwoltersdorf und Wolfsruh. 4/4 ELI: http://data.europa.eu/eli/dec_impl/2024/2976/oj