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 (Text with EEA relevance)Text with EEA relevance

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter and scope

1.

This Regulation lays down rules on:

special disease control measures regarding African swine fever to be applied for a limited period of time by the Member States⁽¹⁾ which are listed or which have areas listed in Annex I and II (the Member States concerned).
Those special disease control measures apply to kept and wild porcine animals and to products obtained from porcine animals in addition to the measures applicable in the protection, surveillance, further restricted and infected zones established by the competent authorities of those Member States in accordance with Article 21(1) and Article 63 of Delegated Regulation (EU) 2020/687.
listing at Union level in Annex I of restricted zones I, II and III following outbreaks of African swine fever;
listing at Union level in Annex II, following an outbreak of African swine fever in a previously disease-free Member State or zone:
1. of the restricted zones, which comprise protection and surveillance zones, in the case of an outbreak of African swine fever in kept porcine animals;
2. of the infected zones, in the case of an outbreak of that disease in wild porcine animals.

2.

This Regulation also lays down rules on special disease control measures regarding African swine fever to be applied for a limited period of time by all Member States.

3.

This Regulation applies to:

the movements of consignments of:
1. porcine animals kept in establishments located in restricted zones I, II and III and in infected zones referred to in paragraph 1, point (c)(ii);
2. germinal products, products of animal origin and animal by-products obtained from kept porcine animals referred to in point (a)(i);
3. fresh meat and meat products, including casings, from restricted zones I, II and III or infected zones referred to in paragraph 1, point (c)(ii), where such meat or meat products are obtained from porcine animals kept in areas outside those restricted and infected zones and slaughtered either
  - in slaughterhouses located in restricted zones I, II or III or in infected zones referred to in paragraph 1, point (c)(ii); or
  - in slaughterhouses located outside those restricted and infected zones;
the movements of:
1. consignments of wild porcine animals in all Member States;
2. consignments, including those for private use by hunters, of products of animal origin and animal by-products obtained from wild porcine in the restricted zones I, II and III or processed in establishments located in those restricted zones;
food business operators handling the consignments referred to in points (a) and (b);
all Member States concerning awareness raising on African swine fever;
all Member States concerning the establishment of national action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union.

Article 2 Definitions

For the purposes of this Regulation, the definitions laid down in Delegated Regulation (EU) 2020/687 shall apply.

In addition, the following definitions shall apply:

‘porcine animal’ means an animal of the species of ungulates of the family Suidae listed in Annex III to Regulation (EU) 2016/429;
‘germinal products’ means porcine semen, oocytes and embryos obtained from kept porcine animals for artificial reproduction;
‘restricted zone I’ means an area of a Member State listed in Part I of Annex I with a precise geographical delimitation subject to special disease control measures and bordering restricted zones II or III;
‘restricted zone II’ means an area of a Member State listed in Part II of Annex I due to an outbreak of African swine fever in a wild porcine animal with a precise geographical delimitation subject to special disease control measures;
‘restricted zone III’ means an area of a Member State listed in Part III of Annex I due to an outbreak of African swine fever in a kept porcine animal with a precise geographical delimitation subject to special disease control measures;
‘previously disease-free Member State or zone’ means a Member State or zone of a Member State, where African swine fever has not been confirmed either in kept or in wild porcine animals during the preceding period of twelve months;
‘area listed in Annex II’ means an area of a Member State listed in Annex II:
1. in Part A thereof, as an infected zone, following confirmation of an outbreak of African swine fever in a wild porcine animal in a previously disease-free Member State or zone; or
2. in Part B thereof, as a restricted zone, comprising protection and surveillance zones, following an outbreak of African swine fever in a kept porcine animal in a previously disease-free Member State or zone;
‘Category 2 materials’ means animal by-products referred to in Article 9 of Regulation (EC) No 1069/2009 obtained from kept porcine animals;
‘Category 3 materials’ means animal by-products referred to in Article 10 of Regulation (EC) No 1069/2009 obtained from kept porcine animals;
‘animal by-products approved plant’ means a plant approved by the competent authority in accordance with Article 24 of Regulation (EC) No 1069/2009;
‘approved germinal product establishment’ means an establishment defined in Article 2, point (2), of Commission Delegated Regulation (EU) 2020/686⁽²⁾;
‘registered germinal product establishment’ means an establishment defined in Article 2, point (1), of Delegated Regulation (EU) 2020/686.

CHAPTER II SPECIAL RULES FOR THE ESTABLISHMENT OF RESTRICTED AND INFECTED ZONES IN THE EVENT OF AN OUTBREAK OF AFRICAN SWINE FEVER

Article 3 Special rules for the immediate establishment of restricted and infected zones in the event of an outbreak of African swine fever in kept or wild porcine animals

In the event of an outbreak of African swine fever in kept or wild porcine animals, the competent authority of the Member State shall immediately establish either:

in the case of an outbreak in kept porcine animals, a restricted zone in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687 and subject to the conditions laid down in that Article; or
in the case of an outbreak in wild porcine animals, an infected zone in accordance with Article 63 of Delegated Regulation (EU) 2020/687.

Article 4 Special rules for the establishment of an additional restricted zone in the event of an outbreak of African swine fever in kept or wild porcine animals

Article 5 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 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 Special rules for the listing of restricted zones in the event of an outbreak of African swine fever in kept porcine animals in a Member State

Article 8 General and specific application of special disease control measures in restricted zones I, II and III and in infected zones listed in Annex II

CHAPTER III SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO CONSIGNMENTS OF PORCINE ANIMALS KEPT IN RESTRICTED ZONES I, II AND III AND PRODUCTS OBTAINED THEREOF IN THE MEMBER STATES CONCERNED

SECTION 1 Application of specific prohibitions on movements of consignments of kept porcine animals and products thereof in the member states concerned

Article 9 Specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones

Article 10 Specific prohibitions on movements of consignments of germinal products obtained from porcine animals kept in restricted zones II and III outside those restricted zones

Article 11 Specific prohibitions on movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones

Article 12 Specific prohibitions on movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones

Article 13 General prohibitions on movements of consignments of kept porcine animals and products thereof considered a risk for the spread of African swine fever

SECTION 2 General and specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones i, ii and iii outside those restricted zones

Article 14 General conditions for derogations from specific prohibitions on movements of consignments of porcine animals kept in restricted zones I, II and III within and outside those restricted zones

Article 15 Additional general conditions on movements of consignments of porcine animals kept and germinal products collected in restricted zones I, II and III within and outside those restricted zones

Article 16 Additional general conditions for establishments of kept porcine animals located in restricted zones I, II and III

Article 17 Additional general conditions concerning the means of transport used for the transportation of porcine animals kept in restricted zones I, II and III within and outside those restricted zones

SECTION 3 Operators’ obligations with regard to animal health certificates

Article 18 Operators’ obligations with regard to animal health certificates for movements of consignments of porcine animals kept in restricted zones I, II and III outside those restricted zones

Article 19 Operators’ obligations with regard to animal health certificates for movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals from restricted zones I, II and III

Article 20 Operators’ obligations with regard to animal health certificates for movements of consignments of germinal products obtained from porcine animals kept in establishments located in restricted zones II or III outside those restricted zones

Article 21 Operators’ obligations with regard to animal health certificates for movements of consignments of Category 2 and 3 materials obtained from porcine animals kept in restricted zones II or III outside those restricted zones

SECTION 4 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone

Article 22 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone I within and outside that restricted zone

SECTION 5 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone

Article 23 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone in the territory of the same Member State concerned

Article 24 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II within and outside that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter

Article 25 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State

Article 26 Specific channelling procedure for granting derogations for movements of consignments of porcine animals kept in a restricted zone II outside that restricted zone to restricted zones II or III in another Member State

Article 27 Obligations on the competent authority of the Member State concerned of the place of the establishment of destination for consignments of porcine animals kept in a restricted zone II of another Member State

SECTION 6 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within and outside that restricted zone

Article 28 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that zone and outside that restricted zone to a restricted zone I or II in the same Member State concerned

Article 29 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III outside that restricted zone for the purpose of immediate slaughter in the same Member State concerned

Article 30 Specific conditions for derogations authorising movements of consignments of porcine animals kept in a restricted zone III within that restricted zone to a slaughterhouse located in the territory of the same Member State concerned for the purpose of immediate slaughter

SECTION 7 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones i, ii and iii outside those restricted zones to an animal by-products approved plant

Article 31 Specific conditions for derogations authorising movements of consignments of porcine animals kept in restricted zones I, II or III to an animal by-products approved plant located within or outside restricted zones I, II and III situated within the same Member State concerned

SECTION 8 Specific conditions for authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II outside that restricted zone

Article 32 Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone in the territory of the same Member State concerned

Article 33 Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone III from that restricted zone in the territory of the same Member State concerned

Article 34 Specific conditions for derogations authorising movements of consignments of germinal products obtained from porcine animals kept in a restricted zone II from that restricted zone to restricted zones II or III in another Member State

SECTION 9 Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones

Article 35 Specific conditions for derogations authorising movements of consignments of animal by-products obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State for the purpose of processing or disposal

Article 36 Specific conditions for derogations authorising movements of consignments of manure obtained from porcine animals kept in restricted zones II and III outside those restricted zones within the same Member State

Article 37 Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones II outside those restricted zones within the same Member State for the purposes of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009

Article 38 Specific conditions for derogations authorising movements of consignments of Category 2 materials obtained from porcine animals kept in restricted zones II and III outside those restricted zones for the purposes of processing and disposal in another Member State

Article 39 Specific conditions for derogations authorising movements of consignments of Category 3 materials obtained from porcine animals kept in a restricted zone II outside that restricted zone for further processing or transformation in another Member State

Article 40 Specific conditions for authorising movements of consignments of Category 3 materials obtained from porcine animals kept in restricted zones III outside that restricted zone within the same Member State for the purpose of the processing of animal by-products referred to in Article 24(1), points (a), (e) and (g), of Regulation (EC) No 1069/2009

SECTION 10 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III outside those restricted zones

Article 41 Specific conditions for authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone in the territory of the same Member State concerned

Article 42 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone II outside that restricted zone to other Member States and to third countries

Article 43 Specific conditions for derogations authorising movements of consignments of fresh meat and meat products, including casings, obtained from porcine animals kept in a restricted zone III to other restricted zones I, II and III or areas outside restricted zones I, II and III in the territory of the same Member State

CHAPTER IV SPECIAL RISK-MITIGATING MEASURES CONCERNING AFRICAN SWINE FEVER FOR FOOD BUSINESSES IN THE MEMBER STATES CONCERNED

Article 44 Special designation of slaughterhouses and cutting plants, cold stores, meat processing and game handling establishments

Article 45 Special conditions for the designation of establishments for the immediate slaughter of porcine animals kept in restricted zones II or III

Article 46 Special conditions for the designation of establishments for the cutting, processing and storing of the fresh meat and meat products, including casings, obtained from porcine animals kept in restricted zones II and III

Article 47 Special health or identification marks

CHAPTER V SPECIAL DISEASE CONTROL MEASURES APPLICABLE TO WILD PORCINE ANIMALS IN THE MEMBER STATES

Article 48 Specific prohibitions on movements of consignments of wild porcine animals by operators

Article 49 Specific prohibitions on movements within restricted zones I, II and III and from those restricted zones of fresh meat, meat products and any other products of animal origin, animal by-products and derived products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 50 General prohibitions on movements of consignments of products obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, considered as a risk for the spread of African swine fever

Article 51 Specific conditions for derogations authorising movements within restricted zones I, II and III and from those restricted zones of consignments of meat products obtained from wild porcine animals

Article 52 Specific conditions for derogations authorising movements within restricted zones I, II and III and from restricted zone I of fresh meat, meat products and any other products of animal origin obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption

Article 53 Operators’ obligations with regard to animal health certificates for consignments of fresh meat, meat products and any other products of animal origin, obtained from wild porcine animals and bodies of wild porcine animals, which are intended for human consumption, for movements from restricted zones I, II and III

Article 54 Specific conditions for authorising movements within restricted zones I, II and III and outside those restricted zones of consignments of animal by-products and derived products from wild porcine animals

Article 55 Operators’ obligations with regard to animal health certificates for movements of consignments of animal by-products from wild porcine animals outside restricted zones I, II and III in the territory of the same Member State concerned

Article 56 National action plans for wild porcine animals in order to avoid the spread of African swine fever in the Union

CHAPTER VI SPECIAL INFORMATION AND TRAINING OBLIGATIONS IN THE MEMBER STATES

Article 57 Special information obligations of the Member States concerned

Article 58 Special trainings obligations of the Member States concerned

Article 59 Special information obligations of all Member States

CHAPTER VII FINAL PROVISIONS

Article 60 Repeal of Implementing Regulation (EU) 2021/605

Article 61 Entry into force and application

ANNEX IRESTRICTED ZONES I, II AND III

ANNEX IIAREAS ESTABLISHED AT UNION LEVEL AS INFECTED ZONES OR AS RESTRICTED ZONES, COMPRISING OF PROTECTION AND SURVEILLANCE ZONES(as referred to in Articles 6(2) and 7(2))

ANNEX III

ANNEX IV