# Official Journal L 69/2021

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 69 |
| | |
| English edition | Legislation | Volume 6426 February 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 69

English edition

Legislation

Volume 6426 February 2021

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2021/357 of 25 February 2021 amending Decision 98/683/EC concerning exchange rate matters relating to the CFA franc and the Comorian franc | 1 |
| | * | Council Implementing Decision (EU) 2021/358 of 22 February 2021 amending Implementing Decision (EU) 2017/563 authorising the Republic of Estonia to apply a special measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax | 4 |
| | * | Council Implementing Decision (EU) 2021/359 of 22 February 2021 authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles | 6 |
| | * | Commission Implementing Decision (EU) 2021/360 of 19 February 2021 on the extension of the periods for the collection of statements of support for certain European citizens’ initiatives pursuant to Regulation (EU) 2020/1042 of the European Parliament and of the Council
  (notified under document C(2021) 1121) | 9 |
| | * | Commission Implementing Decision (EU) 2021/361 of 22 February 2021 laying down emergency measures for movements between Member States and the entry into the Union of consignments of salamanders in relation to infection with Batrachochytrium salamandrivorans

  (notified under document C(2021) 1018)

   (
  1
  ) | 12 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Council Decision (EU) 2021/357 of 25 February 2021 amending Decision 98/683/EC concerning exchange rate matters relating to the CFA franc and the Comorian franc

1

*

Council Implementing Decision (EU) 2021/358 of 22 February 2021 amending Implementing Decision (EU) 2017/563 authorising the Republic of Estonia to apply a special measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax

4

*

Council Implementing Decision (EU) 2021/359 of 22 February 2021 authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles

6

*

Commission Implementing Decision (EU) 2021/360 of 19 February 2021 on the extension of the periods for the collection of statements of support for certain European citizens’ initiatives pursuant to Regulation (EU) 2020/1042 of the European Parliament and of the Council
  (notified under document C(2021) 1121)

(notified under document C(2021) 1121)

9

*

Commission Implementing Decision (EU) 2021/361 of 22 February 2021 laying down emergency measures for movements between Member States and the entry into the Union of consignments of salamanders in relation to infection with Batrachochytrium salamandrivorans

  (notified under document C(2021) 1018)

   (
  1
  )

Batrachochytrium salamandrivorans

(notified under document C(2021) 1018)

1

12

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

DECISIONS

| 26.2.2021 | EN | Official Journal of the European Union | L 69/1 |
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26.2.2021

EN

Official Journal of the European Union

L 69/1

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COUNCIL DECISION (EU) 2021/357

of 25 February 2021

amending Decision 98/683/EC concerning exchange rate matters relating to the CFA franc and the Comorian franc

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 219(3) thereof,

Having regard to the recommendation from the European Commission,

Having regard to the opinion of the European Central Bank (1),

Whereas:

| (1) | The Union has exclusive competence in respect of monetary and exchange rate matters for the Member States whose currency is the euro. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union. |
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(1)

The Union has exclusive competence in respect of monetary and exchange rate matters for the Member States whose currency is the euro. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union.

| (2) | In accordance with Article 219(3) of the Treaty on the Functioning of the European Union, the Council is to determine the appropriate arrangements for the negotiation and for the conclusion of agreements concerning monetary or foreign exchange regime matters. |
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(2)

In accordance with Article 219(3) of the Treaty on the Functioning of the European Union, the Council is to determine the appropriate arrangements for the negotiation and for the conclusion of agreements concerning monetary or foreign exchange regime matters.

| (3) | Before the introduction of the euro, France had concluded agreements concerning exchange rate matters with the West African Economic and Monetary Union (Union économique et monétaire ouest-africaine, ‘UEMOA’), the Economic and Monetary Community of Central Africa (Communauté économique et monétaire de l’Afrique Centrale, ‘CEMAC’) and the Comores, which were intended to guarantee the convertibility of the CFA franc and the Comorian franc into the French franc at a fixed parity (2). Upon the substitution of the French franc by the euro on 1 January 1999, the Council authorised France to continue such agreements in force at that date (‘present agreements’) pursuant to the framework laid down in Decision 98/683/EC (3). |
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(3)

Before the introduction of the euro, France had concluded agreements concerning exchange rate matters with the West African Economic and Monetary Union (Union économique et monétaire ouest-africaine, ‘UEMOA’), the Economic and Monetary Community of Central Africa (Communauté économique et monétaire de l’Afrique Centrale, ‘CEMAC’) and the Comores, which were intended to guarantee the convertibility of the CFA franc and the Comorian franc into the French franc at a fixed parity (2). Upon the substitution of the French franc by the euro on 1 January 1999, the Council authorised France to continue such agreements in force at that date (‘present agreements’) pursuant to the framework laid down in Decision 98/683/EC (3).

| (4) | Articles 4 and 5 of Decision 98/683/EC lay down different procedures concerning the negotiation and modification of the present agreements depending on whether or not the nature or scope of those agreements is to be changed. |
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(4)

Articles 4 and 5 of Decision 98/683/EC lay down different procedures concerning the negotiation and modification of the present agreements depending on whether or not the nature or scope of those agreements is to be changed.

| (5) | France and the UEMOA States are in the process of replacing the present agreement between them of 4 December 1973 by a new cooperation agreement concerning exchange rate matters. That new cooperation agreement was signed on 21 December 2019 and is accompanied by a new guarantee agreement to be concluded with the Central Bank of the UEMOA States. On 22 May 2020 the French Government put forward a bill to the French National Assembly to ratify the new cooperation agreement. |
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(5)

France and the UEMOA States are in the process of replacing the present agreement between them of 4 December 1973 by a new cooperation agreement concerning exchange rate matters. That new cooperation agreement was signed on 21 December 2019 and is accompanied by a new guarantee agreement to be concluded with the Central Bank of the UEMOA States. On 22 May 2020 the French Government put forward a bill to the French National Assembly to ratify the new cooperation agreement.

| (6) | The replacement of present agreements concerning exchange rate matters between France and the UEMOA, the CEMAC and the Comores is not covered by the scope of Articles 4 and 5 of Decision 98/683/EC. This is the case even though the nature and scope of such new cooperation agreements remain unchanged, namely to ensure a convertibility between the euro and the currencies of the UEMOA, the CEMAC and the Comores at a fixed parity supported by a budgetary commitment from France. |
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(6)

The replacement of present agreements concerning exchange rate matters between France and the UEMOA, the CEMAC and the Comores is not covered by the scope of Articles 4 and 5 of Decision 98/683/EC. This is the case even though the nature and scope of such new cooperation agreements remain unchanged, namely to ensure a convertibility between the euro and the currencies of the UEMOA, the CEMAC and the Comores at a fixed parity supported by a budgetary commitment from France.

| (7) | France should be empowered to replace the present agreements with the UEMOA, the CEMAC and the Comores. In accordance with Decision 98/683/EC, the different procedures should continue to apply depending on whether or not the replacement affects the nature or scope of those agreements. In relation to both procedures it will be necessary to involve the competent Union bodies in accordance with the existing information sharing and approval regime, as the case may be, before replacing the present agreements with new cooperation agreements. |
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(7)

France should be empowered to replace the present agreements with the UEMOA, the CEMAC and the Comores. In accordance with Decision 98/683/EC, the different procedures should continue to apply depending on whether or not the replacement affects the nature or scope of those agreements. In relation to both procedures it will be necessary to involve the competent Union bodies in accordance with the existing information sharing and approval regime, as the case may be, before replacing the present agreements with new cooperation agreements.

| (8) | Decision 98/683/EC should therefore be amended accordingly, |
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(8)

Decision 98/683/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 98/683/EC is amended as follows:

| (1) | the title is replaced by the following:

  ‘Council Decision 98/683/EC of 23 November 1998 concerning exchange rate matters relating to the currencies of the UEMOA, the CEMAC and the Comores’; |
| --- | --- |

(1)

the title is replaced by the following:

‘Council Decision 98/683/EC of 23 November 1998 concerning exchange rate matters relating to the currencies of the UEMOA, the CEMAC and the Comores’;

| (2) | Articles 3 to 5 are replaced by the following:

  ‘Article 3
  The competent French authorities shall keep the Commission, the European Central Bank and the Economic and Financial Committee informed on a regular basis about the implementation of the agreements. The French authorities shall inform the Economic and Financial Committee prior to changes of the parity between the euro and the currencies of the UEMOA, the CEMAC or the Comores.


  Article 4
  France may negotiate and conclude modifications to the present agreements, or replace them, provided that the nature or scope of the agreements is not changed. It shall inform in advance the Commission, the European Central Bank and the Economic and Financial Committee of such modifications.


  Article 5
  Any plans to change the nature or scope of the present agreements, either by amending or by replacing them, shall be submitted by France to the Commission, the European Central Bank and the Economic and Financial Committee. Such plans shall require the approval of the Council on the basis of a recommendation from the Commission and after consultation of the European Central Bank.’. |
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(2)

Articles 3 to 5 are replaced by the following:

‘Article 3

The competent French authorities shall keep the Commission, the European Central Bank and the Economic and Financial Committee informed on a regular basis about the implementation of the agreements. The French authorities shall inform the Economic and Financial Committee prior to changes of the parity between the euro and the currencies of the UEMOA, the CEMAC or the Comores.

Article 4

France may negotiate and conclude modifications to the present agreements, or replace them, provided that the nature or scope of the agreements is not changed. It shall inform in advance the Commission, the European Central Bank and the Economic and Financial Committee of such modifications.

Article 5

Any plans to change the nature or scope of the present agreements, either by amending or by replacing them, shall be submitted by France to the Commission, the European Central Bank and the Economic and Financial Committee. Such plans shall require the approval of the Council on the basis of a recommendation from the Commission and after consultation of the European Central Bank.’.

Article 2

This Decision shall take effect on the date of its notification.

Article 3

This Decision is addressed to the French Republic.

Done at Brussels, 25 February 2021.

For the Council

The President

J. BORRELL FONTELLES

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(1)  Opinion of 1 December 2020 (not yet published in the Official Journal).

1

(2)  Convention de coopération monétaire du 23 novembre 1972 entre les États membres de la Banque des États de l’Afrique centrale (BEAC) et la République française, as amended; Convention de compte d’opérations du 13 mars 1973 entre le ministre de l’Économie et des Finances de la République Française et le Président du Conseil de l’administration de la Banque des États de l’Afrique Centrale, as amended; Accord de coopération du 4 décembre 1973 entre la République française et les Républiques membres de l’union monétaire ouest-africaine, as amended; Convention de compte d’opérations du 4 décembre 1973 entre le ministre de l’Économie et des Finances de la République Française et le Président du conseil des ministres de l’Union monétaire ouest-africaine, as amended; Accord de coopération monétaire du 23 novembre 1979 entre la République française et la République fédérale islamique des Comores, as amended; Convention de compte d’opérations du 23 novembre 1979 entre le ministre de l’Économie et des Finances de la République Française et le ministre des Finances, de l’Économie et du Plan de la République fédérale des Comores, as amended.

2

(3)  Council Decision 98/683/EC of 23 November 1998 concerning exchange rate matters relating to the CFA Franc and the Comorian Franc (OJ L 320, 28.11.1998, p. 58).

3

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| 26.2.2021 | EN | Official Journal of the European Union | L 69/4 |
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26.2.2021

EN

Official Journal of the European Union

L 69/4

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COUNCIL IMPLEMENTING DECISION (EU) 2021/358

of 22 February 2021

amending Implementing Decision (EU) 2017/563 authorising the Republic of Estonia to apply a special measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular the first subparagraph of Article 395(1) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Pursuant to point (8) of Article 287 of Directive 2006/112/EC, Estonia is able to exempt from value added tax (‘VAT’) taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 16 000 at the conversion rate on the day of its accession. |
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(1)

Pursuant to point (8) of Article 287 of Directive 2006/112/EC, Estonia is able to exempt from value added tax (‘VAT’) taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 16 000 at the conversion rate on the day of its accession.

| (2) | By means of Council Implementing Decision (EU) 2017/563 (2), Estonia was authorised to introduce a special measure derogating from point (8) of Article 287 of Directive 2006/112/EC (the ‘derogating measure’) to exempt from VAT taxable persons whose annual turnover is no higher than EUR 40 000. Estonia was authorised to apply the derogating measure from 1 January 2018 until 31 December 2020, or until the entry into force of a directive amending Articles 281 to 294 of Directive 2006/112/EC, whichever date is earlier. |
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(2)

By means of Council Implementing Decision (EU) 2017/563 (2), Estonia was authorised to introduce a special measure derogating from point (8) of Article 287 of Directive 2006/112/EC (the ‘derogating measure’) to exempt from VAT taxable persons whose annual turnover is no higher than EUR 40 000. Estonia was authorised to apply the derogating measure from 1 January 2018 until 31 December 2020, or until the entry into force of a directive amending Articles 281 to 294 of Directive 2006/112/EC, whichever date is earlier.

| (3) | On 18 February 2020 the Council adopted Directive (EU) 2020/285 (3), amending Articles 281 to 294 of Directive 2006/112/EC as regards the special scheme for small enterprises and laying down new rules for small enterprises, including fixing the maximum threshold of Member State annual turnover at EUR 85 000 or the equivalent in national currency. |
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(3)

On 18 February 2020 the Council adopted Directive (EU) 2020/285 (3), amending Articles 281 to 294 of Directive 2006/112/EC as regards the special scheme for small enterprises and laying down new rules for small enterprises, including fixing the maximum threshold of Member State annual turnover at EUR 85 000 or the equivalent in national currency.

| (4) | By letter registered with the Commission on 9 October 2020, Estonia requested authorisation to continue applying the derogating measure until 31 December 2024. |
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(4)

By letter registered with the Commission on 9 October 2020, Estonia requested authorisation to continue applying the derogating measure until 31 December 2024.

| (5) | By letter dated 15 October 2020, the Commission informed the other Member States, in accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, of the request made by Estonia. By letter dated 19 October 2020, the Commission notified Estonia that it had all the information it considered necessary for appraisal of the request. |
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(5)

By letter dated 15 October 2020, the Commission informed the other Member States, in accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, of the request made by Estonia. By letter dated 19 October 2020, the Commission notified Estonia that it had all the information it considered necessary for appraisal of the request.

| (6) | The derogating measure is in line with the objectives of the Commission communication of 25 June 2008 entitled ‘“Think Small First” – a “Small Business Act” for Europe’. |
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(6)

The derogating measure is in line with the objectives of the Commission communication of 25 June 2008 entitled ‘“Think Small First” – a “Small Business Act” for Europe’.

| (7) | Based on the information provided by Estonia, the derogating measure will only have a negligible impact on the overall amount of tax revenue of Estonia collected at the stage of final consumption. Taxable persons will still be able to opt for the normal VAT arrangements in accordance with Article 290 of Directive 2006/112/EC. |
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(7)

Based on the information provided by Estonia, the derogating measure will only have a negligible impact on the overall amount of tax revenue of Estonia collected at the stage of final consumption. Taxable persons will still be able to opt for the normal VAT arrangements in accordance with Article 290 of Directive 2006/112/EC.

| (8) | The derogating measure will not adversely affect the Union’s own resources accruing from VAT because Estonia will carry out a compensation calculation in accordance with Article 6 of Council Regulation (EEC, Euratom) No 1553/89 (4). |
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(8)

The derogating measure will not adversely affect the Union’s own resources accruing from VAT because Estonia will carry out a compensation calculation in accordance with Article 6 of Council Regulation (EEC, Euratom) No 1553/89 (4).

| (9) | Given the potential positive impact of the derogating measure in simplifying VAT obligations by reducing the administrative burden and costs for small businesses, Estonia should be authorised to continue applying the derogating measure for a further period. |
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(9)

Given the potential positive impact of the derogating measure in simplifying VAT obligations by reducing the administrative burden and costs for small businesses, Estonia should be authorised to continue applying the derogating measure for a further period.

| (10) | The authorisation to apply the derogating measure should be limited in time. The time limit should be sufficient to allow the effectiveness and appropriateness of the threshold to be evaluated. Moreover, Directive (EU) 2020/285 requires Member States to adopt and publish, by 31 December 2024, the laws, regulations and administrative provisions necessary to comply with Article 1 of that Directive, and apply those provisions from 1 January 2025. It is therefore appropriate to authorise Estonia to apply the derogating measure until 31 December 2024. |
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(10)

The authorisation to apply the derogating measure should be limited in time. The time limit should be sufficient to allow the effectiveness and appropriateness of the threshold to be evaluated. Moreover, Directive (EU) 2020/285 requires Member States to adopt and publish, by 31 December 2024, the laws, regulations and administrative provisions necessary to comply with Article 1 of that Directive, and apply those provisions from 1 January 2025. It is therefore appropriate to authorise Estonia to apply the derogating measure until 31 December 2024.

| (11) | In order to avoid disruptive effects, Estonia should be allowed to apply the derogating measure without interruption. The authorisation requested should therefore be granted with effect from 1 January 2021, in order to follow seamlessly on from the previous arrangement authorised by Implementing Decision (EU) 2017/563. |
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(11)

In order to avoid disruptive effects, Estonia should be allowed to apply the derogating measure without interruption. The authorisation requested should therefore be granted with effect from 1 January 2021, in order to follow seamlessly on from the previous arrangement authorised by Implementing Decision (EU) 2017/563.

| (12) | Implementing Decision (EU) 2017/563 should therefore be amended accordingly, |
| --- | --- |

(12)

Implementing Decision (EU) 2017/563 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Implementing Decision (EU) 2017/563, the second paragraph is replaced by the following:

‘This Decision shall apply from 1 January 2018 until 31 December 2024.’.

Article 2

This Decision shall take effect on the date of its notification.

It shall apply from 1 January 2021 until 31 December 2024.

Article 3

This Decision is addressed to the Republic of Estonia.

Done at Brussels, 22 February 2021.

For the Council

The President

J. BORRELL FONTELLES

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(1)  
  OJ L 347, 11.12.2006, p. 1.

1

(2)  Council Implementing Decision (EU) 2017/563 of 21 March 2017 authorising the Republic of Estonia to apply a special measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added tax (OJ L 80, 25.3.2017, p. 33).

2

(3)  Council Directive (EU) 2020/285 of 18 February 2020 amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises and Regulation (EU) No 904/2010 as regards the administrative cooperation and exchange of information for the purpose of monitoring the correct application of the special scheme for small enterprises (OJ L 62, 2.3.2020, p. 13).

3

(4)  Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (OJ L 155, 7.6.1989, p. 9).

4

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| 26.2.2021 | EN | Official Journal of the European Union | L 69/6 |
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26.2.2021

EN

Official Journal of the European Union

L 69/6

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COUNCIL IMPLEMENTING DECISION (EU) 2021/359

of 22 February 2021

authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), and in particular Article 19 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | By means of Council Implementing Decision (EU) 2016/2266 (2), the Netherlands was authorised, in accordance with Article 19 of Directive 2003/96/EC, to apply a reduced rate of taxation to electricity supplied to charging stations directly used for charging electric vehicles until 31 December 2020. |
| --- | --- |

(1)

By means of Council Implementing Decision (EU) 2016/2266 (2), the Netherlands was authorised, in accordance with Article 19 of Directive 2003/96/EC, to apply a reduced rate of taxation to electricity supplied to charging stations directly used for charging electric vehicles until 31 December 2020.

| (2) | On 30 March 2020 the Netherlands requested authorisation to continue to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles for the period from 1 January 2021 to 1 January 2025. At the request of the Commission, the Netherlands provided additional information in support of its application on 20 November 2020. |
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(2)

On 30 March 2020 the Netherlands requested authorisation to continue to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles for the period from 1 January 2021 to 1 January 2025. At the request of the Commission, the Netherlands provided additional information in support of its application on 20 November 2020.

| (3) | The reduced rate of taxation is intended to further promote the use of electric vehicles by reducing the costs for the electricity used to propel such vehicles. |
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(3)

The reduced rate of taxation is intended to further promote the use of electric vehicles by reducing the costs for the electricity used to propel such vehicles.

| (4) | The use of electric vehicles does not involve the emission of air pollutants originating from the combustion of petrol and diesel or other fossil fuels and therefore contributes to the improvement of air quality in cities. Furthermore, the use of electric vehicles can reduce CO2 emissions, particularly where the electricity used is produced from renewable energy sources. The application of a reduced rate of taxation on electricity supplied to charging stations for electric vehicles is therefore expected to contribute to the environmental, health and climate policy objectives of the Union. |
| --- | --- |

(4)

The use of electric vehicles does not involve the emission of air pollutants originating from the combustion of petrol and diesel or other fossil fuels and therefore contributes to the improvement of air quality in cities. Furthermore, the use of electric vehicles can reduce CO2 emissions, particularly where the electricity used is produced from renewable energy sources. The application of a reduced rate of taxation on electricity supplied to charging stations for electric vehicles is therefore expected to contribute to the environmental, health and climate policy objectives of the Union.

| (5) | The Netherlands highlighted that the reduced rate of taxation would apply to the supply of electricity to charging stations for electric vehicles with a direct connection to the electric grid, including public charging stations and some private or corporate charging stations. |
| --- | --- |

(5)

The Netherlands highlighted that the reduced rate of taxation would apply to the supply of electricity to charging stations for electric vehicles with a direct connection to the electric grid, including public charging stations and some private or corporate charging stations.

| (6) | The Netherlands requested that the reduced rate of taxation on electricity apply only to charging stations where the electricity is used to charge an electric vehicle directly and that it not apply to electricity that is provided through the exchange of batteries. |
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(6)

The Netherlands requested that the reduced rate of taxation on electricity apply only to charging stations where the electricity is used to charge an electric vehicle directly and that it not apply to electricity that is provided through the exchange of batteries.

| (7) | A reduced rate of taxation on electricity supplied to electric vehicles through charging stations will improve the business case for publicly accessible charging stations in the Netherlands, which will make the use of electric cars more attractive and result in an improvement in air quality. |
| --- | --- |

(7)

A reduced rate of taxation on electricity supplied to electric vehicles through charging stations will improve the business case for publicly accessible charging stations in the Netherlands, which will make the use of electric cars more attractive and result in an improvement in air quality.

| (8) | Considering the relatively limited number of electric vehicles and the fact that the level of taxation on electricity supplied to electric vehicles through charging stations that are for business use will be above the minimum level of taxation laid down in Article 10 of Directive 2003/96/EC, the reduced taxation rate is unlikely to lead to distortions in competition during the period for which the authorisation is requested and will thus not negatively affect the proper functioning of the internal market. |
| --- | --- |

(8)

Considering the relatively limited number of electric vehicles and the fact that the level of taxation on electricity supplied to electric vehicles through charging stations that are for business use will be above the minimum level of taxation laid down in Article 10 of Directive 2003/96/EC, the reduced taxation rate is unlikely to lead to distortions in competition during the period for which the authorisation is requested and will thus not negatively affect the proper functioning of the internal market.

| (9) | The level of taxation on electricity supplied to electric vehicles through charging stations that are not for business use will be above the minimum level of taxation for non-business use laid down in Article 10 of Directive 2003/96/EC. |
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(9)

The level of taxation on electricity supplied to electric vehicles through charging stations that are not for business use will be above the minimum level of taxation for non-business use laid down in Article 10 of Directive 2003/96/EC.

| (10) | Each authorisation granted under Article 19(1) of Directive 2003/96/EC is to be strictly limited in time. In order to ensure that the authorisation period is sufficiently long so as not to discourage the relevant economic operators from making the necessary investments, it is appropriate to grant the authorisation for the period requested. However, the authorisation should cease to apply from the date of application of any general provisions on tax advantages for electricity supplied to electric vehicles adopted by the Council under Article 113 or any other relevant provision of the Treaty on the Functioning of the European Union in the event that such provisions become applicable before 1 January 2025. |
| --- | --- |

(10)

Each authorisation granted under Article 19(1) of Directive 2003/96/EC is to be strictly limited in time. In order to ensure that the authorisation period is sufficiently long so as not to discourage the relevant economic operators from making the necessary investments, it is appropriate to grant the authorisation for the period requested. However, the authorisation should cease to apply from the date of application of any general provisions on tax advantages for electricity supplied to electric vehicles adopted by the Council under Article 113 or any other relevant provision of the Treaty on the Functioning of the European Union in the event that such provisions become applicable before 1 January 2025.

| (11) | In order to avoid a potential increase in the administrative burden for distributors and redistributors of electricity resulting from changes to the applicable tax rates, the Netherlands should be able to apply the reduced rate of taxation to electricity supplied to electric vehicles without interruption. The authorisation requested should therefore be granted with effect from 1 January 2021, in order to follow seamlessly on from the previous arrangement authorised by Implementing Decision (EU) 2016/2266. |
| --- | --- |

(11)

In order to avoid a potential increase in the administrative burden for distributors and redistributors of electricity resulting from changes to the applicable tax rates, the Netherlands should be able to apply the reduced rate of taxation to electricity supplied to electric vehicles without interruption. The authorisation requested should therefore be granted with effect from 1 January 2021, in order to follow seamlessly on from the previous arrangement authorised by Implementing Decision (EU) 2016/2266.

| (12) | This Decision is without prejudice to the application of Union rules regarding State aid, |
| --- | --- |

(12)

This Decision is without prejudice to the application of Union rules regarding State aid,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of this Decision, ‘electric vehicle’ means an electric vehicle as defined in point (2) of Article 2 of Directive 2014/94/EU of the European Parliament and of the Council (3).

Article 2

The Netherlands is authorised to apply a reduced rate of taxation to electricity supplied to charging stations used directly for charging electric vehicles, excluding charging stations for the exchange of batteries for electric vehicles, provided that the minimum levels of taxation laid down in Article 10 of Directive 2003/96/EC are respected.

Article 3

This Decision shall apply from 1 January 2021 until 1 January 2025.

In the event that the Council, acting on the basis of Article 113 or any other relevant provision of the Treaty on the Functioning of the European Union, provides for general rules on tax advantages for electricity supplied to electric vehicles, this Decision shall cease to apply on the date on which such general rules become applicable.

Article 4

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 22 February 2021.

For the Council

The President

J. BORRELL FONTELLES

---

(1)  
  OJ L 283, 31.10.2003, p. 51.

1

(2)  Council Implementing Decision (EU) 2016/2266 of 6 December 2016 authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles (OJ L 342, 16.12.2016, p. 30).

2

(3)  Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

3

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| 26.2.2021 | EN | Official Journal of the European Union | L 69/9 |
| --- | --- | --- | --- |

26.2.2021

EN

Official Journal of the European Union

L 69/9

---

COMMISSION IMPLEMENTING DECISION (EU) 2021/360

of 19 February 2021

on the extension of the periods for the collection of statements of support for certain European citizens’ initiatives pursuant to Regulation (EU) 2020/1042 of the European Parliament and of the Council

(notified under document C(2021) 1121)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2020/1042 of the European Parliament and of the Council of 15 July 2020 laying down temporary measures concerning the time limits for the collection, the verification and the examination stages provided for in Regulation (EU) 2019/788 on the European citizens' initiative in view of the COVID-19 outbreak (1), and in particular Article 2(2) thereof,

After consulting the Committee on the European citizens’ initiative established by Article 22 of Regulation (EU) 2019/788 of the European Parliament and of the Council (2),

Whereas:

| (1) | Regulation (EU) 2020/1042 lays down temporary measures in relation to the European citizens’ initiative to address the challenges that organisers of citizens’ initiatives, national administrations and the Union institutions were faced with after the World Health Organization announced in March 2020 that the COVID-19 outbreak had become a worldwide pandemic. In the months following that announcement, Member States adopted restrictive measures to combat the public health crisis. As a result, public life came to a standstill in almost all Member States. Regulation (EU) 2020/1042 therefore extended certain time limits laid down in Regulation (EU) 2019/788. |
| --- | --- |

(1)

Regulation (EU) 2020/1042 lays down temporary measures in relation to the European citizens’ initiative to address the challenges that organisers of citizens’ initiatives, national administrations and the Union institutions were faced with after the World Health Organization announced in March 2020 that the COVID-19 outbreak had become a worldwide pandemic. In the months following that announcement, Member States adopted restrictive measures to combat the public health crisis. As a result, public life came to a standstill in almost all Member States. Regulation (EU) 2020/1042 therefore extended certain time limits laid down in Regulation (EU) 2019/788.

| (2) | Regulation (EU) 2020/1042 empowers the Commission to further extend the collection periods by three months in respect of initiatives for which the collection period is ongoing at the moment of a new outbreak of COVID-19 in certain circumstances. The conditions for any further extension are similar to those that led to the initial extension after the COVID-19 outbreak in March 2020, namely that at least a quarter of Member States or a number of Member States representing more than 35 % of the Union population apply measures in response to the COVID-19 pandemic, which substantially hamper the ability of organisers to collect statements of support in paper form and to inform the public of their ongoing initiatives. |
| --- | --- |

(2)

Regulation (EU) 2020/1042 empowers the Commission to further extend the collection periods by three months in respect of initiatives for which the collection period is ongoing at the moment of a new outbreak of COVID-19 in certain circumstances. The conditions for any further extension are similar to those that led to the initial extension after the COVID-19 outbreak in March 2020, namely that at least a quarter of Member States or a number of Member States representing more than 35 % of the Union population apply measures in response to the COVID-19 pandemic, which substantially hamper the ability of organisers to collect statements of support in paper form and to inform the public of their ongoing initiatives.

| (3) | Since the adoption of Regulation (EU) 2020/1042 in July 2020, the Commission has been closely monitoring the situation in the Member States. |
| --- | --- |

(3)

Since the adoption of Regulation (EU) 2020/1042 in July 2020, the Commission has been closely monitoring the situation in the Member States.

| (4) | On 17 December 2020, the Commission granted a further three-month extension to initiatives that were in the process of collecting statements of support on 1 November 2020 (3), following its assessment, that the conditions for granting such an extension under Regulation (EU) 2020/1042 were fulfilled. A proportionate extension was granted to initiatives that started their collection period between 1 November and 17 December 2020. |
| --- | --- |

(4)

On 17 December 2020, the Commission granted a further three-month extension to initiatives that were in the process of collecting statements of support on 1 November 2020 (3), following its assessment, that the conditions for granting such an extension under Regulation (EU) 2020/1042 were fulfilled. A proportionate extension was granted to initiatives that started their collection period between 1 November and 17 December 2020.

| (5) | Since 1 November 2020, the pandemic situation caused by COVID-19 in several Member States has not significantly changed. By the end of January 2021, a substantial number of Member States still had measures in place restricting the free circulation of citizens within their territory in order to stop or slow down the transmission of COVID-19. 5 Member States reported that on 1 February 2021 they were applying national confinement measures, which prohibit or substantially restrict the freedom of citizens to move around freely within their territory, while 11 Member States reported that they were applying local confinement measures. Those confinement measures have been combined with additional measures with similar restrictive effects on public life in their territory or at least substantial parts of it, including restrictions on the accessibility of public spaces, the closure or limited opening of shops, restaurants and pubs, severe capacity restrictions on public and private gatherings and meetings and the imposition of curfews. The combination of those measures substantially affects organisers’ ability to gather statements of support in paper form and to inform the public about their ongoing initiatives. Based on the information currently available, those measures, or measures with a similar effect, are likely to remain in place for a period of at least three months. |
| --- | --- |

(5)

Since 1 November 2020, the pandemic situation caused by COVID-19 in several Member States has not significantly changed. By the end of January 2021, a substantial number of Member States still had measures in place restricting the free circulation of citizens within their territory in order to stop or slow down the transmission of COVID-19. 5 Member States reported that on 1 February 2021 they were applying national confinement measures, which prohibit or substantially restrict the freedom of citizens to move around freely within their territory, while 11 Member States reported that they were applying local confinement measures. Those confinement measures have been combined with additional measures with similar restrictive effects on public life in their territory or at least substantial parts of it, including restrictions on the accessibility of public spaces, the closure or limited opening of shops, restaurants and pubs, severe capacity restrictions on public and private gatherings and meetings and the imposition of curfews. The combination of those measures substantially affects organisers’ ability to gather statements of support in paper form and to inform the public about their ongoing initiatives. Based on the information currently available, those measures, or measures with a similar effect, are likely to remain in place for a period of at least three months.

| (6) | The Member States concerned represent at least one quarter of Member States, and more than 35 % of the Union population. |
| --- | --- |

(6)

The Member States concerned represent at least one quarter of Member States, and more than 35 % of the Union population.

| (7) | For those reasons, it can be concluded that the conditions for granting an extension of the collection periods are fulfilled in respect of initiatives for which the collection period was ongoing on 1 February 2021. Those collection periods should therefore be extended by three months. |
| --- | --- |

(7)

For those reasons, it can be concluded that the conditions for granting an extension of the collection periods are fulfilled in respect of initiatives for which the collection period was ongoing on 1 February 2021. Those collection periods should therefore be extended by three months.

| (8) | For initiatives for which the collection period started between 1 February 2021 and the date of adoption of this Decision, the collection period should be extended until 1 May 2022. |
| --- | --- |

(8)

For initiatives for which the collection period started between 1 February 2021 and the date of adoption of this Decision, the collection period should be extended until 1 May 2022.

| (9) | As regards initiatives for which the collection period ended between 1 February 2021 and the date of adoption of this Decision, this Decision should apply retroactively, |
| --- | --- |

(9)

As regards initiatives for which the collection period ended between 1 February 2021 and the date of adoption of this Decision, this Decision should apply retroactively,

HAS ADOPTED THIS DECISION:

Article 1

1.   Where the collection of statements of support for a European citizens’ initiative (‘initiative’) was ongoing on 1 February 2021, the maximum collection period shall be extended for a period of three months in respect of that initiative.

2.   Where the collection of statements of support for an initiative started between 1 February 2021 and the date of adoption of this Decision, the maximum collection period shall be extended until 1 May 2022 in respect of that initiative.

Article 2

The new end dates of the collection periods for the following initiatives shall be as follows:

| — | the initiative entitled ‘The fast, fair and effective solution to climate change’: 6 May 2021; |
| --- | --- |

—

the initiative entitled ‘The fast, fair and effective solution to climate change’: 6 May 2021;

| — | the initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’: 7 May 2021; |
| --- | --- |

—

the initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’: 7 May 2021;

| — | the initiative entitled ‘Ending the aviation fuel tax exemption in Europe’: 10 May 2021; |
| --- | --- |

—

the initiative entitled ‘Ending the aviation fuel tax exemption in Europe’: 10 May 2021;

| — | the initiative entitled ‘A price for carbon to fight climate change’: 22 July 2021; |
| --- | --- |

—

the initiative entitled ‘A price for carbon to fight climate change’: 22 July 2021;

| — | the initiative entitled ‘Grow scientific progress: crops matter!’: 25 July 2021; |
| --- | --- |

—

the initiative entitled ‘Grow scientific progress: crops matter!’: 25 July 2021;

| — | the initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’: 12 September 2021; |
| --- | --- |

—

the initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’: 12 September 2021;

| — | the initiative entitled ‘Actions on Climate Emergency’: 23 September 2021; |
| --- | --- |

—

the initiative entitled ‘Actions on Climate Emergency’: 23 September 2021;

| — | the initiative entitled ‘Save Bees and farmers! Towards a bee-friendly agriculture for a healthy environment’: 30 September 2021; |
| --- | --- |

—

the initiative entitled ‘Save Bees and farmers! Towards a bee-friendly agriculture for a healthy environment’: 30 September 2021;

| — | the initiative entitled ‘Stop Finning – Stop the trade’: 31 January 2022; |
| --- | --- |

—

the initiative entitled ‘Stop Finning – Stop the trade’: 31 January 2022;

| — | the initiative entitled ‘VOTERS WITHOUT BORDERS, Full Political Rights for EU Citizens’: 11 March 2022; |
| --- | --- |

—

the initiative entitled ‘VOTERS WITHOUT BORDERS, Full Political Rights for EU Citizens’: 11 March 2022;

| — | the initiative entitled ‘Start Unconditional Basic Incomes (UBI) throughout the EU’: 25 March 2022; |
| --- | --- |

—

the initiative entitled ‘Start Unconditional Basic Incomes (UBI) throughout the EU’: 25 March 2022;

| — | the initiative entitled ‘Libertà di condividere’: 1 May 2022; |
| --- | --- |

—

the initiative entitled ‘Libertà di condividere’: 1 May 2022;

| — | the initiative entitled ‘Right to Cure’: 1 May 2022; |
| --- | --- |

—

the initiative entitled ‘Right to Cure’: 1 May 2022;

| — | the initiative entitled ‘Civil society initiative for a ban on biometric mass surveillance practices’: 1 May 2022. |
| --- | --- |

—

the initiative entitled ‘Civil society initiative for a ban on biometric mass surveillance practices’: 1 May 2022.

Article 3

This Decision shall have retroactive effect with regard to the initiatives for which the collection period ended between 1 February 2021 and the date of adoption of this Decision.

Article 4

This Decision is addressed to:

| — | the group of organisers of the initiative entitled ‘The fast, fair and effective solution to climate change’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘The fast, fair and effective solution to climate change’;

| — | the group of organisers of the initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’;

| — | the group of organisers of the initiative entitled ‘Ending the aviation fuel tax exemption in Europe’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Ending the aviation fuel tax exemption in Europe’;

| — | the group of organisers of the initiative entitled ‘A price for carbon to fight climate change’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘A price for carbon to fight climate change’;

| — | the group of organisers of the initiative entitled ‘Grow scientific progress: crops matter!’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Grow scientific progress: crops matter!’;

| — | the group of organisers of the initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’;

| — | the group of organisers of the initiative entitled ‘Actions on Climate Emergency’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Actions on Climate Emergency’;

| — | the group of organisers of the initiative entitled ‘Save Bees and farmers! Towards a bee-friendly agriculture for a healthy environment’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Save Bees and farmers! Towards a bee-friendly agriculture for a healthy environment’;

| — | the group of organisers of the initiative entitled ‘Stop Finning – Stop the trade’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Stop Finning – Stop the trade’;

| — | the group of organisers of the initiative entitled ‘VOTERS WITHOUT BORDERS, Full Political Rights for EU Citizens’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘VOTERS WITHOUT BORDERS, Full Political Rights for EU Citizens’;

| — | the group of organisers of the initiative entitled ‘Start Unconditional Basic Incomes (UBI) throughout the EU’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Start Unconditional Basic Incomes (UBI) throughout the EU’;

| — | the group of organisers of the initiative entitled ‘Libertà di condividere’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Libertà di condividere’;

| — | the group of organisers of the initiative entitled ‘Right to Cure’; |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Right to Cure’;

| — | the group of organisers of the initiative entitled ‘Civil society initiative for a ban on biometric mass surveillance practices’. |
| --- | --- |

—

the group of organisers of the initiative entitled ‘Civil society initiative for a ban on biometric mass surveillance practices’.

Done at Brussels, 19 February 2021.

For the Commission

Věra JOUROVÁ

Vice-President

---

(1)  
  OJ L 231, 17.7.2020, p. 7.

1

(2)  Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (OJ L 130, 17.5.2019, p. 55).

2

(3)  Commission Implementing Decision (EU) 2020/2200 of 17 December 2020 on the extension of the periods for the collection of statements of support for certain European citizens’ initiatives pursuant to Regulation (EU) 2020/1042 of the European Parliament and of the Council (OJ L 434, 23.12.2020, p. 56).

3

---

| 26.2.2021 | EN | Official Journal of the European Union | L 69/12 |
| --- | --- | --- | --- |

26.2.2021

EN

Official Journal of the European Union

L 69/12

---

COMMISSION IMPLEMENTING DECISION (EU) 2021/361

of 22 February 2021

laying down emergency measures for movements between Member States and the entry into the Union of consignments of salamanders in relation to infection with Batrachochytrium salamandrivorans

(notified under document C(2021) 1018)

(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 the introductory phrase and point (a) of Article 259(1) and 261(1) thereof,

Whereas:

| (1) | Batrachochytrium salamandrivorans (Bsal) is a pathogen fungus of salamanders which affects kept and wild salamander populations, and can cause significant morbidity and mortality in those populations. Bsal is lethal to certain species of salamanders, while other species are fully or partly resistant to it, but may carry Bsal on their skin and act as a reservoir and source of infection for other species of salamanders or contamination for their environment. |
| --- | --- |

(1)

Batrachochytrium salamandrivorans (Bsal) is a pathogen fungus of salamanders which affects kept and wild salamander populations, and can cause significant morbidity and mortality in those populations. Bsal is lethal to certain species of salamanders, while other species are fully or partly resistant to it, but may carry Bsal on their skin and act as a reservoir and source of infection for other species of salamanders or contamination for their environment.

| (2) | Infection with Bsal has been occurring in Belgium, Germany, the Netherlands, the United Kingdom, and in Spain, both in kept and in wild populations of salamanders according to data collected in the context of, and subsequent to, the European project
  ‘Mitigating a new infectious disease in salamanders to counteract the loss of European biodiversity’
   (2). Bsal is thought to have originated in East Asia and to be widespread there, being endemic at least in Japan, Thailand and Vietnam. At the same time, there is a lack of information on its distribution in other parts of the Union and globally. Trade in infected or carrier salamanders contributes to the spread of Bsal and the disease represents an important risk for biodiversity in the areas it colonises. |
| --- | --- |

(2)

Infection with Bsal has been occurring in Belgium, Germany, the Netherlands, the United Kingdom, and in Spain, both in kept and in wild populations of salamanders according to data collected in the context of, and subsequent to, the European project
  ‘Mitigating a new infectious disease in salamanders to counteract the loss of European biodiversity’
   (2). Bsal is thought to have originated in East Asia and to be widespread there, being endemic at least in Japan, Thailand and Vietnam. At the same time, there is a lack of information on its distribution in other parts of the Union and globally. Trade in infected or carrier salamanders contributes to the spread of Bsal and the disease represents an important risk for biodiversity in the areas it colonises.

| (3) | Commission Implementing Decision (EU) 2018/320 (3) as amended by Commission Implementing Decision (EU) 2019/1998 (4), lays down the animal health protection measures for intra-Union trade in consignments of salamanders and the introduction of such consignments into the Union. Implementing Decision (EU) 2018/320 was adopted on the basis of a Scientific Opinion of the European Food Safety Authority of 25 October 2017 (5) (‘EFSA Opinion’), and the Scientific and Technical Assistance of the European Food Safety Authority of 21 February 2017 (6) (‘EFSA Scientific and Technical Assistance’). That Decision applies until 20 April 2021. |
| --- | --- |

(3)

Commission Implementing Decision (EU) 2018/320 (3) as amended by Commission Implementing Decision (EU) 2019/1998 (4), lays down the animal health protection measures for intra-Union trade in consignments of salamanders and the introduction of such consignments into the Union. Implementing Decision (EU) 2018/320 was adopted on the basis of a Scientific Opinion of the European Food Safety Authority of 25 October 2017 (5) (‘EFSA Opinion’), and the Scientific and Technical Assistance of the European Food Safety Authority of 21 February 2017 (6) (‘EFSA Scientific and Technical Assistance’). That Decision applies until 20 April 2021.

| (4) | The EFSA Opinion and the EFSA Technical Assistance and more recent scientific publications (7) also have highlighted many gaps and uncertainties in the state of knowledge as regards many aspects of the nature of Bsal. International trade standards of the World Organisation of the Animal Health (OIE) are not yet fully developed as regards the methods of diagnostics for Bsal and have not been reviewed as regards recommendations for international trade in salamanders. |
| --- | --- |

(4)

The EFSA Opinion and the EFSA Technical Assistance and more recent scientific publications (7) also have highlighted many gaps and uncertainties in the state of knowledge as regards many aspects of the nature of Bsal. International trade standards of the World Organisation of the Animal Health (OIE) are not yet fully developed as regards the methods of diagnostics for Bsal and have not been reviewed as regards recommendations for international trade in salamanders.

| (5) | Bsal is listed in Annex II to Regulation (EU) 2016/429, and accordingly falls within the definition of a listed disease for the purposes of Regulation (EU) 2016/429. Bsal also falls within the definition of a category D disease, as laid down in Commission Implementing Regulation (EU) 2018/1882 (8) for animals of the Order Caudata, which includes salamanders. However, Union rules concerning movements within the Union and the entry into Union of consignments of terrestrial animals and aquatic animals laid in Commission delegated and implementing acts adopted pursuant to Regulation (EU) 2016/429 do not apply to Caudata, as Caudata fall within the definition of ‘other animals’ in that Regulation. Given the current lack of knowledge as regards many aspects of the nature of Bsal as well as the absence of any appropriate international guidelines and recommendations as regards trade in those animals, Commission delegated and implementing acts have not yet been adopted for Caudata, whilst they have been adopted for terrestrial and aquatic animals. |
| --- | --- |

(5)

Bsal is listed in Annex II to Regulation (EU) 2016/429, and accordingly falls within the definition of a listed disease for the purposes of Regulation (EU) 2016/429. Bsal also falls within the definition of a category D disease, as laid down in Commission Implementing Regulation (EU) 2018/1882 (8) for animals of the Order Caudata, which includes salamanders. However, Union rules concerning movements within the Union and the entry into Union of consignments of terrestrial animals and aquatic animals laid in Commission delegated and implementing acts adopted pursuant to Regulation (EU) 2016/429 do not apply to Caudata, as Caudata fall within the definition of ‘other animals’ in that Regulation. Given the current lack of knowledge as regards many aspects of the nature of Bsal as well as the absence of any appropriate international guidelines and recommendations as regards trade in those animals, Commission delegated and implementing acts have not yet been adopted for Caudata, whilst they have been adopted for terrestrial and aquatic animals.

| (6) | The Commission has reviewed the animal health situation as regards Bsal in the Union and the animal health protection measures provided for in Implementing Decision (EU) 2018/320 with the competent authorities of the Member States. As the measures laid down in Implementing Decision (EU) 2018/320 have been considered appropriate, the Member States have not taken any additional trade measures to combat Bsal. Although outbreaks of Bsal seem to be currently limited to certain regions of certain Member States, the further spread of Bsal by intra-Union trade represents a significant risk. |
| --- | --- |

(6)

The Commission has reviewed the animal health situation as regards Bsal in the Union and the animal health protection measures provided for in Implementing Decision (EU) 2018/320 with the competent authorities of the Member States. As the measures laid down in Implementing Decision (EU) 2018/320 have been considered appropriate, the Member States have not taken any additional trade measures to combat Bsal. Although outbreaks of Bsal seem to be currently limited to certain regions of certain Member States, the further spread of Bsal by intra-Union trade represents a significant risk.

| (7) | Accordingly, it is appropriate that emergency measures be adopted at Union level to prevent the spread of Bsal and to avoid unjustified disruptions in trade in salamanders. Taking into account the effectiveness of the measures laid down in Implementing Decision (EU) 2018/320, it is appropriate to adopt similar measures on movements within the Union and on the entry into the Union of consignments of salamanders as from 21 April 2021 for a limited period of time pending the adoption of more permanent animal health measures, as is the case for diseases affecting terrestrial and aquatic animals. |
| --- | --- |

(7)

Accordingly, it is appropriate that emergency measures be adopted at Union level to prevent the spread of Bsal and to avoid unjustified disruptions in trade in salamanders. Taking into account the effectiveness of the measures laid down in Implementing Decision (EU) 2018/320, it is appropriate to adopt similar measures on movements within the Union and on the entry into the Union of consignments of salamanders as from 21 April 2021 for a limited period of time pending the adoption of more permanent animal health measures, as is the case for diseases affecting terrestrial and aquatic animals.

| (8) | Bsal may be transmitted between salamander species native to different regions and cross-contamination may take place in various establishments run by operators who keep and exchange salamanders. This increases the risk of the transmission of Bsal by traded salamanders irrespective of the health status of their place of origin and their health situation in the wild. Therefore, consignments of salamanders destined for movements between Member States or for the entry into the Union should be subject to measures which mitigate that risk. However, these measures should not apply to the non-commercial movements of pet salamanders, as such non-commercial movements are covered by the rules laid down in Regulation (EU) No 576/2013 of the European Parliament and of the Council (9). Those non-commercial movements concern, and are limited to, animals under the care of, and accompanying their owners or authorised persons and do not involve the transfer of ownership. Therefore non-commercial movements of pet salamanders represent a negligible risk for the spread of Bsal either to traded salamanders or to salamanders living in the wild. |
| --- | --- |

(8)

Bsal may be transmitted between salamander species native to different regions and cross-contamination may take place in various establishments run by operators who keep and exchange salamanders. This increases the risk of the transmission of Bsal by traded salamanders irrespective of the health status of their place of origin and their health situation in the wild. Therefore, consignments of salamanders destined for movements between Member States or for the entry into the Union should be subject to measures which mitigate that risk. However, these measures should not apply to the non-commercial movements of pet salamanders, as such non-commercial movements are covered by the rules laid down in Regulation (EU) No 576/2013 of the European Parliament and of the Council (9). Those non-commercial movements concern, and are limited to, animals under the care of, and accompanying their owners or authorised persons and do not involve the transfer of ownership. Therefore non-commercial movements of pet salamanders represent a negligible risk for the spread of Bsal either to traded salamanders or to salamanders living in the wild.

| (9) | Salamanders which are exchanged only between confined establishments approved by the competent authority in accordance with Regulation (EU) 2016/429 should not be subjected to quarantine or testing as the biosecurity measures in place in those confined establishments are appropriate to mitigate the risk of the spread of Bsal. |
| --- | --- |

(9)

Salamanders which are exchanged only between confined establishments approved by the competent authority in accordance with Regulation (EU) 2016/429 should not be subjected to quarantine or testing as the biosecurity measures in place in those confined establishments are appropriate to mitigate the risk of the spread of Bsal.

| (10) | Consignments of salamanders which have entered into the Union and have already undergone quarantine with testing with negative results, or which have received satisfactory treatment in the Union in an appropriate establishment after their entry into the Union, should not be subjected to repeated quarantine or testing, if they are intended to be moved to another Member State, provided that they were kept isolated from salamanders of a different health status. |
| --- | --- |

(10)

Consignments of salamanders which have entered into the Union and have already undergone quarantine with testing with negative results, or which have received satisfactory treatment in the Union in an appropriate establishment after their entry into the Union, should not be subjected to repeated quarantine or testing, if they are intended to be moved to another Member State, provided that they were kept isolated from salamanders of a different health status.

| (11) | There is a lack of information on the technical capabilities of veterinary services and laboratories around the world to test for Bsal, while various bodies in the European Union are in the forefront of progress on the diagnosis and treatment of Bsal. It is therefore appropriate that consignments of salamanders entering the Union should be quarantined in an appropriate establishment, and tested and treated after their entry into the Union. |
| --- | --- |

(11)

There is a lack of information on the technical capabilities of veterinary services and laboratories around the world to test for Bsal, while various bodies in the European Union are in the forefront of progress on the diagnosis and treatment of Bsal. It is therefore appropriate that consignments of salamanders entering the Union should be quarantined in an appropriate establishment, and tested and treated after their entry into the Union.

| (12) | Third countries and territories approved for the issuing of animal health certificates for the entry into the Union of consignments of salamanders should be limited to those that are members of the OIE and which are thereby obliged to observe the international standards for issuing animal health certificates. |
| --- | --- |

(12)

Third countries and territories approved for the issuing of animal health certificates for the entry into the Union of consignments of salamanders should be limited to those that are members of the OIE and which are thereby obliged to observe the international standards for issuing animal health certificates.

| (13) | Treatments should be specified and in line with the protocols already described in peer-reviewed scientific literature as highlighted by the EFSA Scientific and Technical assistance, or with comparable ones. |
| --- | --- |

(13)

Treatments should be specified and in line with the protocols already described in peer-reviewed scientific literature as highlighted by the EFSA Scientific and Technical assistance, or with comparable ones.

| (14) | Consignments of salamanders should only be authorised to enter into the Union by the competent authority of the border control post of arrival into the Union, if that authority receives an attestation by the natural or legal person responsible for the establishment of destination confirming that the consignments will be accepted. |
| --- | --- |

(14)

Consignments of salamanders should only be authorised to enter into the Union by the competent authority of the border control post of arrival into the Union, if that authority receives an attestation by the natural or legal person responsible for the establishment of destination confirming that the consignments will be accepted.

| (15) | The emergency measures provided for by this Decision should apply from the date of application of Regulation (EU) 2016/429 and should be reviewed taking into account the gravity of the epidemiological situation due to new developments and annual reporting by the competent authorities of the Member States. |
| --- | --- |

(15)

The emergency measures provided for by this Decision should apply from the date of application of Regulation (EU) 2016/429 and should be reviewed taking into account the gravity of the epidemiological situation due to new developments and annual reporting by the competent authorities of the Member States.

| (16) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(16)

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

Subject and scope

This Decision lays down emergency measures for movements of consignments of salamanders between Member States and the entry into the Union (10) of such consignments.

10

This Decision shall not apply to non-commercial movements of pet salamanders.

Article 2

Definitions

For the purposes of this Decision, the following definitions shall apply:

| (a) | ‘salamanders’ means all amphibians of the Order of Caudata; |
| --- | --- |

(a)

‘salamanders’ means all amphibians of the Order of Caudata;

Caudata

| (b) | ‘Bsal’ means an infection with Batrachochytrium salamandrivorans (Kingdom Fungi, Phylum Chytridiomycota, Order Rhizophydiales); |
| --- | --- |

(b)

‘Bsal’ means an infection with Batrachochytrium salamandrivorans (Kingdom Fungi, Phylum Chytridiomycota, Order Rhizophydiales);

Batrachochytrium salamandrivorans

| (c) | ‘appropriate establishment’ means premises:






  (i) | where salamanders are kept in quarantine before being dispatched to another Member State or after their entry into the Union where they are intended for the internal market; and |
| --- | --- | --- |

(c)

‘appropriate establishment’ means premises:

(i)

where salamanders are kept in quarantine before being dispatched to another Member State or after their entry into the Union where they are intended for the internal market; and

| (ii) | which are registered by the competent authority prior to the date of commencement of any period of quarantine; |
| --- | --- |

(ii)

which are registered by the competent authority prior to the date of commencement of any period of quarantine;

| (d) | ‘appropriate diagnostic test’ means a real-time quantitative polymerase chain reaction (qPCR) assay containing species-specific STerF and STerR primers amplifying a 119 nucleotide long fragment of Bsal DNA. |
| --- | --- |

(d)

‘appropriate diagnostic test’ means a real-time quantitative polymerase chain reaction (qPCR) assay containing species-specific STerF and STerR primers amplifying a 119 nucleotide long fragment of Bsal DNA.

Article 3

Animal health requirements for movements of consignments of salamanders between Member States

Member States shall prohibit the dispatch of consignments of salamanders to other Member States, except where such consignments comply with the following animal health requirements:

| (a) | the salamanders must come from a population where there are:






  (i) | no mortalities with an undetermined cause; |
| --- | --- | --- |

(a)

the salamanders must come from a population where there are:

(i)

no mortalities with an undetermined cause;

| (ii) | no mortalities due to Bsal; |
| --- | --- |

(ii)

no mortalities due to Bsal;

| (iii) | no clinical signs of Bsal, in particular skin lesions and ulcers; |
| --- | --- |

(iii)

no clinical signs of Bsal, in particular skin lesions and ulcers;

| (b) | the salamanders must not show any clinical signs or symptoms of Bsal, in particular they must show no skin lesions or ulcers at the time of examination by the official veterinarian; that examination must be carried out within a period of 48 hours prior to the time of dispatch of the consignment to the Member State of destination; |
| --- | --- |

(b)

the salamanders must not show any clinical signs or symptoms of Bsal, in particular they must show no skin lesions or ulcers at the time of examination by the official veterinarian; that examination must be carried out within a period of 48 hours prior to the time of dispatch of the consignment to the Member State of destination;

| (c) | the consignment must consist of salamanders which comply with at least one of the following sets of requirements:






  (i) | they must have undergone quarantine in an appropriate establishment for a period of at least six weeks immediately prior to the date of issuing of the animal health certificate in accordance with the model set out in Part A of Annex I; and skin swab samples from the salamanders in the consignment must have been tested for Bsal with negative results during the fifth week of the period of quarantine with the appropriate diagnostic test, in accordance with the sample sizes set out in point 1(a) of Annex III; or |
| --- | --- | --- |

(c)

the consignment must consist of salamanders which comply with at least one of the following sets of requirements:

(i)

they must have undergone quarantine in an appropriate establishment for a period of at least six weeks immediately prior to the date of issuing of the animal health certificate in accordance with the model set out in Part A of Annex I; and skin swab samples from the salamanders in the consignment must have been tested for Bsal with negative results during the fifth week of the period of quarantine with the appropriate diagnostic test, in accordance with the sample sizes set out in point 1(a) of Annex III; or

| (ii) | they must have been treated to the satisfaction of the competent authority against Bsal in accordance with the reference table set out in point 1(b) of Annex III; or |
| --- | --- |

(ii)

they must have been treated to the satisfaction of the competent authority against Bsal in accordance with the reference table set out in point 1(b) of Annex III; or

| (iii) | they must come from a confined establishment and are intended for another confined establishment; or |
| --- | --- |

(iii)

they must come from a confined establishment and are intended for another confined establishment; or

| (iv) | they must have entered into the Union from a third country, had undergone quarantine in an appropriate establishment of destination in accordance with Article 6 and have been kept isolated from other salamanders between the end of that quarantine period and the issuing of the animal health certificate referred to in point (d); |
| --- | --- |

(iv)

they must have entered into the Union from a third country, had undergone quarantine in an appropriate establishment of destination in accordance with Article 6 and have been kept isolated from other salamanders between the end of that quarantine period and the issuing of the animal health certificate referred to in point (d);

| (d) | the consignments must be accompanied by an animal health certificate which is drawn up in accordance with the model animal health certificate set out in Part A of Annex I. |
| --- | --- |

(d)

the consignments must be accompanied by an animal health certificate which is drawn up in accordance with the model animal health certificate set out in Part A of Annex I.

Article 4

Animal health requirements for the entry into the Union of consignments of salamanders

The competent authority at the border control post of arrival into the Union shall only authorise the entry into the Union of consignments of salamanders from third countries and territories, presented for the purpose of official controls as provided for in Article 47(1) of Regulation (EU) 2017/625 (11) of the European Parliament and of the Council, if the outcome of those official controls at the border control post is favourable and such consignments comply with the following requirements:

11

| (a) | they must come from a third country or territory of origin which is a member of the World Organisation for Animal Health (OIE); |
| --- | --- |

(a)

they must come from a third country or territory of origin which is a member of the World Organisation for Animal Health (OIE);

| (b) | the salamanders in the consignment must not show any clinical signs of Bsal, in particular there must be no signs of skin lesions or ulcers at the time of a clinical examination by the official veterinarian for the purpose of issuing the animal health certificate referred to in point (d); and that clinical examination must have been carried out within a period of 48 hours prior to the time of loading for dispatch of the consignment to the Union; |
| --- | --- |

(b)

the salamanders in the consignment must not show any clinical signs of Bsal, in particular there must be no signs of skin lesions or ulcers at the time of a clinical examination by the official veterinarian for the purpose of issuing the animal health certificate referred to in point (d); and that clinical examination must have been carried out within a period of 48 hours prior to the time of loading for dispatch of the consignment to the Union;

| (c) | before issuing the animal health certificate referred to in point (d), the epidemiological unit comprising the salamanders in the consignment must have been isolated from other salamanders at the latest at the time of the clinical examination for the purpose of issuing the animal health certificate referred to in point (d) and they must not have been in contact with other salamanders since that time; |
| --- | --- |

(c)

before issuing the animal health certificate referred to in point (d), the epidemiological unit comprising the salamanders in the consignment must have been isolated from other salamanders at the latest at the time of the clinical examination for the purpose of issuing the animal health certificate referred to in point (d) and they must not have been in contact with other salamanders since that time;

| (d) | they must be accompanied by an animal health certificate which is drawn up in accordance with the model certificate set out in Part B of Annex I. |
| --- | --- |

(d)

they must be accompanied by an animal health certificate which is drawn up in accordance with the model certificate set out in Part B of Annex I.

Article 5

Attestation of acceptance regarding the establishment of destination

Member States shall ensure that where consignments of salamanders are intended for the internal market, the operator responsible for the consignment must provide a written attestation in one of the official languages of the Member State of the border control post and signed by the natural or legal person responsible for an appropriate establishment of destination or for a confined establishment, stating the following:

| (a) | the name, address and registration number of the establishment of destination or the approval number in case of a confined establishment; |
| --- | --- |

(a)

the name, address and registration number of the establishment of destination or the approval number in case of a confined establishment;

| (b) | in case of an appropriate establishment of destination that it complies with the minimum conditions set out in Annex II; |
| --- | --- |

(b)

in case of an appropriate establishment of destination that it complies with the minimum conditions set out in Annex II;

| (c) | that the consignment of salamanders will be accepted for quarantine at the establishment of destination or at the confined establishment. |
| --- | --- |

(c)

that the consignment of salamanders will be accepted for quarantine at the establishment of destination or at the confined establishment.

Article 6

Quarantine rules for consignments of salamanders which have entered into the Union and into an appropriate establishment of destination

Member States shall ensure that:

| (a) | the operator keeps the consignment of salamanders in quarantine in the appropriate establishment of destination until released from that establishment by the official veterinarian; |
| --- | --- |

(a)

the operator keeps the consignment of salamanders in quarantine in the appropriate establishment of destination until released from that establishment by the official veterinarian;

| (b) | an official veterinarian inspects the conditions of quarantine in the appropriate establishment of destination for each consignment of salamanders, including an examination of the mortality records and a clinical inspection of the salamanders, checking in particular for skin lesions and ulcers; |
| --- | --- |

(b)

an official veterinarian inspects the conditions of quarantine in the appropriate establishment of destination for each consignment of salamanders, including an examination of the mortality records and a clinical inspection of the salamanders, checking in particular for skin lesions and ulcers;

| (c) | the official veterinarian carries out the examination, sampling, testing and treatment procedures for Bsal in accordance with the procedures referred to in points 1 and 2 of Annex III; |
| --- | --- |

(c)

the official veterinarian carries out the examination, sampling, testing and treatment procedures for Bsal in accordance with the procedures referred to in points 1 and 2 of Annex III;

| (d) | the official veterinarian only releases the consignment of salamanders from that establishment by a written authorisation:






  (i) | in the case of testing as referred to in point 1(a) of Annex III, provided that at least six weeks have elapsed since the date of the commencement of the period of quarantine and not before the receipt of the negative results of the testing, whichever is the later; or |
| --- | --- | --- |

(d)

the official veterinarian only releases the consignment of salamanders from that establishment by a written authorisation:

(i)

in the case of testing as referred to in point 1(a) of Annex III, provided that at least six weeks have elapsed since the date of the commencement of the period of quarantine and not before the receipt of the negative results of the testing, whichever is the later; or

| (ii) | in the case of treatment as referred to in point 1(b) of Annex III, only after satisfactory completion of that treatment. |
| --- | --- |

(ii)

in the case of treatment as referred to in point 1(b) of Annex III, only after satisfactory completion of that treatment.

Article 7

Measures to be taken in the event of an outbreak of Bsal in an appropriate establishment of destination

1.   The competent authority shall ensure that where there is an outbreak of Bsal in an epidemiological unit, the following measures are taken by the appropriate establishment of destination:

| (a) | all salamanders in the same epidemiological unit are either:






  (i) | treated to the satisfaction of the competent authority against Bsal in accordance with point 3 of Annex III; or |
| --- | --- | --- |

(a)

all salamanders in the same epidemiological unit are either:

(i)

treated to the satisfaction of the competent authority against Bsal in accordance with point 3 of Annex III; or

| (ii) | killed and disposed of as animal by-products referred to in Article 8(a)(iii) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (12) in accordance with Article 12 thereof; |
| --- | --- |

(ii)

killed and disposed of as animal by-products referred to in Article 8(a)(iii) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (12) in accordance with Article 12 thereof;

| (b) | following completion of the measures referred to in point (a), the area of the appropriate establishment of destination where the epidemiological unit had been kept is cleaned and disinfected to the satisfaction of the competent authority. |
| --- | --- |

(b)

following completion of the measures referred to in point (a), the area of the appropriate establishment of destination where the epidemiological unit had been kept is cleaned and disinfected to the satisfaction of the competent authority.

2.   The competent authority may require testing of the treated salamanders to verify the effectiveness of the treatment referred to in paragraph 1(a)(i) and may require repeated treatments, as appropriate, to prevent the spread of Bsal.

Article 8

Annual reporting requirements

At the latest by 30 June each year, those Member States which have handled consignments of salamanders in the previous year, shall submit to the Commission the following information concerning the previous year, differentiating between information related to the movements of such consignments between Member States and to the entry of such salamander consignments into the Union:

| (a) | the number of epidemiological units with an outbreak of Bsal; |
| --- | --- |

(a)

the number of epidemiological units with an outbreak of Bsal;

| (b) | the number of epidemiological units treated without an outbreak of Bsal; |
| --- | --- |

(b)

the number of epidemiological units treated without an outbreak of Bsal;

| (c) | any further information they deem relevant on the testing, treating or handling of consignments of salamanders and on the implementation of this Decision. |
| --- | --- |

(c)

any further information they deem relevant on the testing, treating or handling of consignments of salamanders and on the implementation of this Decision.

Article 9

Applicability

This Decision shall apply from 21 April 2021 until 31 December 2022.

Article 10

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 22 February 2021.

For the Commission

Stella KYRIAKIDES

Member of the Commission

---

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

1

(2)  http://bsaleurope.com/european-distribution/

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).

3

Batrachochytrium salamandrivorans

(4)  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 (OJ L 310, 2.12.2019, p. 35).

4

Batrachochytrium salamandrivorans

(5)  
  EFSA Journal 2017;15(11):5071

5

EFSA Journal

(6)  
  EFSA Journal 2017;15(2):4739.

6

EFSA Journal

(7)  http://bsaleurope.com/scientific-publications/

7

(8)  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).

8

(9)  Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).

9

(10)  In accordance with 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, and in particular Article 5(4) of the Protocol on Ireland / Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Decision references to the 'Union' include the United Kingdom in respect of Northern Ireland.

10

(11)  Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

11

(12)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1).

12

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ANNEX I

PART A

MODEL ANIMAL HEALTH CERTIFICATE

for the movement between Member States of salamanders

Image 1

Image 2

Image 3

PART B

MODEL ANIMAL HEALTH CERTIFICATE

for the entry into the Union of salamanders

Image 4

Image 5

---

ANNEX II

MINIMUM CONDITIONS FOR THE APPROPRIATE ESTABLISHMENTS OF DESTINATION

| (1) | The appropriate establishment of destination shall:






  (a) | have a system that ensures adequate surveillance of the salamanders; |
| --- | --- | --- |

(1)

The appropriate establishment of destination shall:

(a)

have a system that ensures adequate surveillance of the salamanders;

| (b) | be under the control of the competent authority; |
| --- | --- |

(b)

be under the control of the competent authority;

| (c) | be cleaned and disinfected in accordance with the instructions of the competent authority. |
| --- | --- |

(c)

be cleaned and disinfected in accordance with the instructions of the competent authority.

| (2) | The operator of the appropriate establishment shall ensure that:






  (a) | cleaning and disinfection of the tanks, crates, equipment, means of transport or other fomites used for the transport of the salamanders is carried out unless they are destroyed, in a way to prevent the spread of Bsal; |
| --- | --- | --- |

(2)

The operator of the appropriate establishment shall ensure that:

(a)

cleaning and disinfection of the tanks, crates, equipment, means of transport or other fomites used for the transport of the salamanders is carried out unless they are destroyed, in a way to prevent the spread of Bsal;

| (b) | waste material and waste water is collected regularly, stored and subsequently treated in a way to prevent the spread of Bsal; |
| --- | --- |

(b)

waste material and waste water is collected regularly, stored and subsequently treated in a way to prevent the spread of Bsal;

| (c) | carcases of quarantined salamanders which die are examined in a laboratory indicated by the competent authority; |
| --- | --- |

(c)

carcases of quarantined salamanders which die are examined in a laboratory indicated by the competent authority;

| (d) | the necessary tests and treatments of salamanders are carried out in consultation with and under the control of the competent authority. |
| --- | --- |

(d)

the necessary tests and treatments of salamanders are carried out in consultation with and under the control of the competent authority.

| (3) | The operator of the appropriate establishments of destination shall inform the competent authority of all diseases and deaths of salamanders during the period of quarantine. |
| --- | --- |

(3)

The operator of the appropriate establishments of destination shall inform the competent authority of all diseases and deaths of salamanders during the period of quarantine.

| (4) | The operator of the appropriate establishments of destination keeps a record of:






  (a) | the date, number and species of salamanders entering and leaving the appropriate establishment of destination for each consignment; |
| --- | --- | --- |

(4)

The operator of the appropriate establishments of destination keeps a record of:

(a)

the date, number and species of salamanders entering and leaving the appropriate establishment of destination for each consignment;

| (b) | copies of the animal health certificates and the common health entry documents accompanying the consignment of salamanders; |
| --- | --- |

(b)

copies of the animal health certificates and the common health entry documents accompanying the consignment of salamanders;

| (c) | cases of all illnesses and the number of deaths on a daily basis; |
| --- | --- |

(c)

cases of all illnesses and the number of deaths on a daily basis;

| (d) | dates and results of testing; |
| --- | --- |

(d)

dates and results of testing;

| (e) | types and dates of treatment and the number of salamanders subjected to it. |
| --- | --- |

(e)

types and dates of treatment and the number of salamanders subjected to it.

---

ANNEX III

EXAMINATION, SAMPLING, TESTING AND TREATMENT PROCEDURES FOR BSAL

| (1) | During quarantine, the salamanders are subjected to the following procedures:






  (a) | Skin swab samples from quarantined salamanders must be examined under the control of the competent authority with the appropriate diagnostic test during the fifth week following the date of their entry into the appropriate establishment in accordance with the sample sizes set out in the reference table, unless the operator opts for treatment in accordance with point (b).
  Reference Table (1):













  Size of the epidemiological unit | 62 or less | 186 | 200 | 250 | 300 | 350 | 400 | 450 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Sample size | all | 96 | 98 | 102 | 106 | 108 | 110 | 111 |

(1)

During quarantine, the salamanders are subjected to the following procedures:

(a)

Skin swab samples from quarantined salamanders must be examined under the control of the competent authority with the appropriate diagnostic test during the fifth week following the date of their entry into the appropriate establishment in accordance with the sample sizes set out in the reference table, unless the operator opts for treatment in accordance with point (b).

Reference Table (1):

Size of the epidemiological unit

62 or less

186

200

250

300

350

400

450

Sample size

all

96

98

102

106

108

110

111

| (b) | If the operator opts for one of the treatments listed in point (3) all salamanders in the consignment must be treated by the operator against Bsal under the control of the official veterinarian to the satisfaction of the competent authority. |
| --- | --- |

(b)

If the operator opts for one of the treatments listed in point (3) all salamanders in the consignment must be treated by the operator against Bsal under the control of the official veterinarian to the satisfaction of the competent authority.

| (c) | In cases referred to in point (b) the official veterinarian may require representative sample of the epidemiological unit to be analysed with the appropriate diagnostic test before the treatment to monitor the presence of Bsal or after treatment to verify the absence of Bsal. In this case pooling of skin swab samples from up to four animals may be done. |
| --- | --- |

(c)

In cases referred to in point (b) the official veterinarian may require representative sample of the epidemiological unit to be analysed with the appropriate diagnostic test before the treatment to monitor the presence of Bsal or after treatment to verify the absence of Bsal. In this case pooling of skin swab samples from up to four animals may be done.

| (d) | Skin swab samples from all dead or clinically sick salamanders, in particular those with skin lesions, must be examined under the control of the official veterinarian with the appropriate diagnostic test at the time they show lesions or other clinical signs or at the time of death, whichever happens sooner. |
| --- | --- |

(d)

Skin swab samples from all dead or clinically sick salamanders, in particular those with skin lesions, must be examined under the control of the official veterinarian with the appropriate diagnostic test at the time they show lesions or other clinical signs or at the time of death, whichever happens sooner.

| (e) | All salamanders which die in the appropriate establishment must be subjected to a post-mortem examination under the control of the official veterinarian, in particular to check for signs of Bsal and, to the extent possible, to confirm or to exclude Bsal as the cause of death. |
| --- | --- |

(e)

All salamanders which die in the appropriate establishment must be subjected to a post-mortem examination under the control of the official veterinarian, in particular to check for signs of Bsal and, to the extent possible, to confirm or to exclude Bsal as the cause of death.

| (2) | All testing of samples taken and post-mortem examination during quarantine must be carried out in laboratories indicated by the competent authority. |
| --- | --- |

(2)

All testing of samples taken and post-mortem examination during quarantine must be carried out in laboratories indicated by the competent authority.

| (3) | The following treatments are considered to be satisfactory:






  (a) | keeping salamanders at a temperature of at least 25 °C for at least 12 days; |
| --- | --- | --- |

(3)

The following treatments are considered to be satisfactory:

(a)

keeping salamanders at a temperature of at least 25 °C for at least 12 days;

| (b) | keeping salamanders at a temperature of at least 20 °C for at least 10 days combined with a treatment with polymyxin E submersion baths (2 000 IU/ml) for 10 minutes twice per day, followed by applying voriconazole spray (12,5 μg/ml); |
| --- | --- |

(b)

keeping salamanders at a temperature of at least 20 °C for at least 10 days combined with a treatment with polymyxin E submersion baths (2 000 IU/ml) for 10 minutes twice per day, followed by applying voriconazole spray (12,5 μg/ml);

| (c) | any other treatment with comparable results in eliminating Bsal as reported in a peer-reviewed article published in a scientific journal. |
| --- | --- |

(c)

any other treatment with comparable results in eliminating Bsal as reported in a peer-reviewed article published in a scientific journal.

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(1)  Assuming 3 % prevalence of Bsal in the epidemiological unit and ensuring its detection with a 95 % confidence rate with the sensitivity of the appropriate diagnostic test calculated to be at 80 %.

---