COMMISSION IMPLEMENTING DECISION (EU) 2019/1992

of 27 November 2019

amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States by prolonging its period of application

(notified under document C(2019) 8571)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (3), and in particular Article 14(2), Article 19(1)(a) and(3)(a) and Article 19(4) and (6) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (4), and in particular Article 4(3) thereof,

Whereas:

(1) Directive 92/119/EEC lays down general control measures to be applied in the event of an outbreak of certain animal diseases, including lumpy skin disease (LSD). These control measures include the establishment of protection and surveillance zones around the infected holding, and they also provide for emergency vaccination in the case of an outbreak of LSD in addition to other control measures.

(2) Commission Implementing Decision (EU) 2016/2008 (5) lays down animal health control measures to be taken in relation to outbreaks of LSD in the Member States or parts thereof as listed in Annex I thereto, including the minimum requirements for vaccination programmes against LSD submitted by the Member States to the Commission for approval. Implementing Decision (EU) 2016/2008 defines ‘infected zones’ as the part of the territory of a Member State listed in Part II of Annex I thereto, which includes the area where LSD was confirmed and any protection and surveillance zones established in accordance with Directive 92/119/EEC, and where vaccination against LSD may be implemented following the approval of vaccination programmes. It also defines ‘free zones with vaccination’ as the part of the territory of a Member State listed in Part I of that Annex which includes the areas outside the infected zones, where preventive vaccination against LSD is implemented following the approval of vaccination programmes.

(3) In August 2015, LSD was confirmed in Greece for the first time. In 2016, there were cases of LSD in Bulgaria and additional cases in Greece, as well as in a number of neighbouring third countries. In 2017, LSD was present to a lesser extent in South-East Europe, with a large scale recurrence in Albania, and few sporadic outbreaks in Greece and North Macedonia.

(4) In response to those outbreaks of LSD, the affected Member States, namely Greece and Bulgaria, as well as the affected neighbouring third countries, implemented mass vaccination programmes of bovine animals and captive wild ruminants. In 2016 and 2017, Croatia, where LSD has not occurred to date, also implemented a mass vaccination programme against LSD, as a preventive measure, in view of the epidemiological situation in neighbouring Member States and third countries. Commission Implementing Decision (EU) 2016/2009 (6) approved the various vaccination programmes against LSD in the Member States.

(5) In 2018 and to date in 2019, there has been a steady improvement of the LSD epidemiological situation and no case of LSD has been reported in any Member State or in any neighbouring third country in South-East Europe, excluding Turkey. During the same period, annual mass vaccination against LSD has continued in all the Member States and in neighbouring third countries in South-East Europe that had been affected by LSD.

(6) In view of the favourable epidemiological situation, Croatia stopped preventive vaccination against LSD since the beginning of 2018, and replaced it with systematic disease surveillance. This surveillance confirmed the absence of LSD during 2018. As a result, Implementing Decision (EU) 2016/2008 was amended by Commission Implementing Decision (EU) 2019/81 (7), in order to delete that Member State from the list of Member States with ‘free zones with vaccination’ status in Annex I to Implementing Decision (EU) 2016/2008. In addition, Implementing Decision (EU) 2016/2009 was amended by Commission Implementing Decision 2019/82 (8), in order to delete Croatia from the list of Member States with an approved vaccination programme against LSD.

(7) According to the rules of the World Organisation for Animal Health (OIE), where LSD vaccination is discontinued in a country or a zone thereof, it takes a minimum period of 8 months before LSD-free status may be regained, in the case of preventive vaccination, or a minimum period of 14 months, in the case of vaccination in response to an occurrence of LSD. Hence, the measures laid down in Implementing Decision (EU) 2016/2008 should remain in place for a minimum period of 8 months or 14 months, depending on the zone, before LSD-free status can be restored.

(8) Implementing Decision (EU) 2016/2008 applies until 31 December 2019, and accordingly the current measures in relation to LSD in Greece and Bulgaria laid down in that act will no longer apply after that date. Given the current epidemiological situation and the minimum time required to regain LSD-free status, it is necessary to prolong the period of application of these measures for an appropriate period of time.

(9) Regulation (EU) 2016/429 of the European Parliament and of the Council (9) established a new legislative framework as regards animal health in the Union. More particularly, it lays down rules for the prevention and control of certain listed diseases, including LSD. As that Regulation is to apply from 21 April 2021, the period of application of Implementing Decision (EU) 2016/2008 should be prolonged until 20 April 2021.

(10) Implementing Decision (EU) 2016/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1 In Article 15 of Implementing Decision (EU) 2016/2008, the date ‘31 December 2019’ is replaced by the date ‘20 April 2021’.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 27 November 2019. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

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

(3) OJ L 62, 15.3.1993, p. 69.

(4) OJ L 18, 23.1.2003, p. 11.

(5) Commission Implementing Decision (EU) 2016/2008 of 15 November 2016 concerning animal health control measures relating to lumpy skin disease in certain Member States (OJ L 310, 17.11.2016, p. 51).

(6) Commission Implementing Decision (EU) 2016/2009 of 15 November 2016 approving the vaccination programmes against lumpy skin disease submitted by the Member States (OJ L 310, 17.11.2016, p. 66).

(7) Commission Implementing Decision (EU) 2019/81 of 17 January 2019 amending Annex I to Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (OJ L 18, 21.1.2019, p. 43).

(8) Commission Implementing Decision (EU) 2019/82 of 17 January 2019 amending the Annex to Implementing Decision (EU) 2016/2009 approving the vaccination programmes against lumpy skin disease submitted by the Member States (OJ L 18, 21.1.2019, p. 48).

(9) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1).