# L_2020259EN.01002901.xml

| 10.8.2020 | EN | Official Journal of the European Union | L 259/29 |
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10.8.2020

EN

Official Journal of the European Union

L 259/29

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COMMISSION IMPLEMENTING DECISION (EU) 2020/1179

of 6 August 2020

amending Annex I to Decision 2009/177/EC as regards the status of the Province of Åland in Finland as regards a surveillance programme for viral haemorrhagic septicaemia (VHS), of Estonia as regards a surveillance and eradication programme for viral haemorrhagic septicaemia (VHS) and infectious haematopoetic necrosis (IHN), of Croatia for koi herpes virus (KHV) disease and of certain areas in the United Kingdom for infection with Bonamia ostreae

(notified under document C(2020) 5303)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), and in particular Articles 44(1)(2), and 53(3) thereof, in conjunction with Article 131 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2),

Whereas:

| (1) | Annex I to Commission Decision 2009/177/EC (3) sets out the list of Member States, zones and compartments which are subject to approved surveillance or eradication programmes for, or have been declared free of, certain diseases listed in Part II of Annex IV to Directive 2006/88/EC. |
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(1)

Annex I to Commission Decision 2009/177/EC (3) sets out the list of Member States, zones and compartments which are subject to approved surveillance or eradication programmes for, or have been declared free of, certain diseases listed in Part II of Annex IV to Directive 2006/88/EC.

| (2) | The competent authority of Finland informed the Commission that it completed all the eradication measures under its ongoing programme for viral haemorrhagic septicaemia (VHS) in the Province of Åland and started the subsequent surveillance measures to be declared a disease-free area. Therefore, the Province of Åland should be deleted from Part B of Annex I to Decision 2009/177/EC and should instead be listed in Part A of that Annex as being subject to an approved surveillance programme. |
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(2)

The competent authority of Finland informed the Commission that it completed all the eradication measures under its ongoing programme for viral haemorrhagic septicaemia (VHS) in the Province of Åland and started the subsequent surveillance measures to be declared a disease-free area. Therefore, the Province of Åland should be deleted from Part B of Annex I to Decision 2009/177/EC and should instead be listed in Part A of that Annex as being subject to an approved surveillance programme.

| (3) | The competent authority of Estonia submitted a surveillance and eradication programme for VHS and infectious haematopoietic necrosis (IHN) to the Commission for approval and asked that the areas subject to that programme be listed in Annex I to Decision 2009/177/EC. |
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(3)

The competent authority of Estonia submitted a surveillance and eradication programme for VHS and infectious haematopoietic necrosis (IHN) to the Commission for approval and asked that the areas subject to that programme be listed in Annex I to Decision 2009/177/EC.

| (4) | The area in Estonia which is subject to surveillance measures for VHS and IHN should be listed in Part A of Annex I to Decision 2009/177/EC while a compartment infected with IHN and subject to the eradication measures against that disease should be listed in Part B of Annex I to Decision 2009/177/EC. |
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(4)

The area in Estonia which is subject to surveillance measures for VHS and IHN should be listed in Part A of Annex I to Decision 2009/177/EC while a compartment infected with IHN and subject to the eradication measures against that disease should be listed in Part B of Annex I to Decision 2009/177/EC.

| (5) | Most of the territory of Croatia is listed in Part C of Annex I to Decision 2009/177/EC as being declared free from koi herpes virus (KHV) disease. The competent authority of Croatia informed the Commission about several outbreaks of KHV within the geographical area currently listed and indicated that such KHV disease-free status should be withdrawn. Therefore, Croatia should be deleted from that list. |
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(5)

Most of the territory of Croatia is listed in Part C of Annex I to Decision 2009/177/EC as being declared free from koi herpes virus (KHV) disease. The competent authority of Croatia informed the Commission about several outbreaks of KHV within the geographical area currently listed and indicated that such KHV disease-free status should be withdrawn. Therefore, Croatia should be deleted from that list.

| (6) | In accordance with Article 127(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, Union law shall be applicable to and in the United Kingdom during the transition period provided for in that Agreement. That transition period will end on 31 December 2020. |
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(6)

In accordance with Article 127(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, Union law shall be applicable to and in the United Kingdom during the transition period provided for in that Agreement. That transition period will end on 31 December 2020.

| (7) | The competent authority of the United Kingdom informed the Commission about several outbreaks of Bonamia ostreae on its territory including in areas which are currently listed in Part C of Annex I to Decision 2009/177/EC as being declared free from that disease, and indicated that Bonamia ostreae disease-free status should be withdrawn for those areas. Therefore, those areas should be deleted from that list. |
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(7)

The competent authority of the United Kingdom informed the Commission about several outbreaks of Bonamia ostreae on its territory including in areas which are currently listed in Part C of Annex I to Decision 2009/177/EC as being declared free from that disease, and indicated that Bonamia ostreae disease-free status should be withdrawn for those areas. Therefore, those areas should be deleted from that list.

| (8) | Annex I to Decision 2009/177/EC should therefore be amended accordingly. |
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(8)

Annex I to Decision 2009/177/EC 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

In Part A of Annex I to Decision 2009/177/EC, in the table, the rows for viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) are replaced by the following:

| Disease | Member State | ISO Code | Geographical demarcation of the area under a surveillance programme (Member State, zones or compartments) |
| --- | --- | --- | --- |
| ‘Viral haemorrhagic septicaemia (VHS) | Estonia | EE | Whole territory |
| Finland | FI | The Province of Åland |
| Infectious haematopoietic necrosis (IHN) | Estonia | EE | Whole territory except the compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01)’ |

Disease

Member State

ISO Code

Geographical demarcation of the area under a surveillance programme (Member State, zones or compartments)

‘Viral haemorrhagic septicaemia (VHS)

Estonia

EE

Whole territory

Finland

FI

The Province of Åland

Infectious haematopoietic necrosis (IHN)

Estonia

EE

Whole territory except the compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01)’

Article 2

Part B of Annex I to Decision 2009/177/EC is amended as follows:

| (1) | the entry for Finland is deleted from the row for viral haemorrhagic septicaemia (VHS); |
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(1)

the entry for Finland is deleted from the row for viral haemorrhagic septicaemia (VHS);

| (2) | the row for infectious haematopoietic necrosis (IHN) is replaced by the following:








  Disease | Member State | ISO Code | Geographical demarcation of the area under an eradication programme (Member State, zones or compartments) |
| --- | --- | --- | --- | --- |
| ‘Infectious haematopoietic necrosis (IHN) | Estonia | EE | The compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01)’ |

(2)

the row for infectious haematopoietic necrosis (IHN) is replaced by the following:

Disease

Member State

ISO Code

Geographical demarcation of the area under an eradication programme (Member State, zones or compartments)

‘Infectious haematopoietic necrosis (IHN)

Estonia

EE

The compartment comprising the fish farm Neli Elementi OÜ (approval No 05/VV/KK01)’

Article 3

In Part C of Annex I to Decision 2009/177/EC, the entry for Croatia is deleted from the row for koi herpes virus (KHV) disease.

Article 4

In Part C of Annex I to Decision 2009/177/EC, in the row ‘Infection with Bonamia ostreae
  ’, the entry for the United Kingdom, in the column entitled ‘Geographical demarcation of the disease-free area (Member State, zones or compartments)’, is amended as follows:

| (1) | the following exception is added as point 7 for Great Britain: ‘The Dornoch Firth, the area of tidal waters west of a line drawn from NH808873 to NH835857 (Ordnance Survey Landranger 1:50 000 series) to the mean high water mark;’; |
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(1)

the following exception is added as point 7 for Great Britain: ‘The Dornoch Firth, the area of tidal waters west of a line drawn from NH808873 to NH835857 (Ordnance Survey Landranger 1:50 000 series) to the mean high water mark;’;

| (2) | the following exception is added as point 8 for Great Britain: ‘Lynn of Lorn, Loch Creran and Loch Etive, the area of marine waters south-east of the island of Lismore, contained within a circle of radius 7 258 metres from point NM873391 (Ordnance Survey Landranger 1:50 000 series) and including the tidal waters of Loch Etive and Loch Creran to the mean high water mark.’; |
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(2)

the following exception is added as point 8 for Great Britain: ‘Lynn of Lorn, Loch Creran and Loch Etive, the area of marine waters south-east of the island of Lismore, contained within a circle of radius 7 258 metres from point NM873391 (Ordnance Survey Landranger 1:50 000 series) and including the tidal waters of Loch Etive and Loch Creran to the mean high water mark.’;

| (3) | the following text is deleted: ‘The coastal area of the States of Jersey: the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel.’. |
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(3)

the following text is deleted: ‘The coastal area of the States of Jersey: the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel.’.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 6 August 2020.

For the Commission

Stella KYRIAKIDES

Member of the Commission

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(1)  
  OJ L 328, 24.11.2006, p. 14.

1

(2)  
  OJ L 29, 31.1.2020, p. 7.

2

(3)  Commission Decision 2009/177/EC of 31 October 2008 implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments (OJ L 63, 7.3.2009, p. 15).

3

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