# L_2019310EN.01003501.xml

| 2.12.2019 | EN | Official Journal of the European Union | L 310/35 |
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2.12.2019

EN

Official Journal of the European Union

L 310/35

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COMMISSION IMPLEMENTING DECISION (EU) 2019/1998

of 28 November 2019

amending Implementing Decision (EU) 2018/320 as regards the period of application of the animal health protection measures for salamanders in relation to the fungus Batrachochytrium salamandrivorans

(notified under document C(2019) 8551)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), and in particular Article 18(7) thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2018/320 (3) established certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans (Bsal). The Implementing Decision (EU) 2018/320 is applicable until 31 December 2019. |
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(1)

Commission Implementing Decision (EU) 2018/320 (3) established certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans (Bsal). The Implementing Decision (EU) 2018/320 is applicable until 31 December 2019.

| (2) | Several Member States and stakeholders informed the Commission about their limited experience with the practical implementation of Implementing Decision (EU) 2018/320 and that so far, the competent authorities quarantined and certified only a handful of salamander consignments. |
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(2)

Several Member States and stakeholders informed the Commission about their limited experience with the practical implementation of Implementing Decision (EU) 2018/320 and that so far, the competent authorities quarantined and certified only a handful of salamander consignments.

| (3) | Moreover, several recent scientific and epidemiological findings have enhanced the current knowledge about a number of aspects pertaining to Bsal, as well as confirming that Bsal is endemic in several Asian countries and its appearance in Spain. |
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(3)

Moreover, several recent scientific and epidemiological findings have enhanced the current knowledge about a number of aspects pertaining to Bsal, as well as confirming that Bsal is endemic in several Asian countries and its appearance in Spain.

| (4) | Nevertheless, significant knowledge gaps remain about its nature and diagnosis. In particular, these advances have not yet led to a clearer geographical demarcation of its presence in the majority of countries and neither to the improvement of the methods for its diagnosis nor to the potential measures to be applied for mitigating the risk of its spread via traded consignments. |
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(4)

Nevertheless, significant knowledge gaps remain about its nature and diagnosis. In particular, these advances have not yet led to a clearer geographical demarcation of its presence in the majority of countries and neither to the improvement of the methods for its diagnosis nor to the potential measures to be applied for mitigating the risk of its spread via traded consignments.

| (5) | The detailed animal health protection measures provided for in the Implementing Decision (EU) 2018/320 should therefore remain unchanged. |
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(5)

The detailed animal health protection measures provided for in the Implementing Decision (EU) 2018/320 should therefore remain unchanged.

| (6) | Regulation (EU) 2016/429 of the European Parliament and of the Council (4), consolidates the legal framework for a common Union animal health policy through a single, simplified and flexible regulatory framework for animal health. In particular, it provides for safeguard measures in the event of animal diseases. That Regulation will start to apply as from 21 April 2021. |
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(6)

Regulation (EU) 2016/429 of the European Parliament and of the Council (4), consolidates the legal framework for a common Union animal health policy through a single, simplified and flexible regulatory framework for animal health. In particular, it provides for safeguard measures in the event of animal diseases. That Regulation will start to apply as from 21 April 2021.

| (7) | Therefore, the application of Implementing Decision (EU) 2018/320 should be prolonged until the date of application of that Regulation. |
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(7)

Therefore, the application of Implementing Decision (EU) 2018/320 should be prolonged until the date of application of that Regulation.

| (8) | Implementing Decision (EU) 2018/320 should therefore be amended accordingly. |
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(8)

Implementing Decision (EU) 2018/320 should therefore be amended accordingly.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(9)

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

HAS ADOPTED THIS DECISION:

Article 1

Article 11 of Implementing Decision (EU) 2018/320 is replaced by the following:

‘Article 11

Applicability

This Decision shall apply until 20 April 2021.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 November 2019.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 224, 18.8.1990, p. 29.

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(2)  
  OJ L 268, 24.9.1991, p. 56.

2

(3)  Commission Implementing Decision (EU) 2018/320 of 28 February 2018 on certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans (OJ L 62, 5.3.2018, p. 18).

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(4)  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) (OJ L 84, 31.3.2016, p. 1).

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