COMMISSION IMPLEMENTING DECISION (EU) 2022/1913

of 4 October 2022

concerning certain emergency measures relating to sheep pox and goat pox in Spain

(notified under document C(2022) 7162)

(Only the Spanish text is authentic)

(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 Article 259(1) thereof,

Whereas:

(1) Sheep pox and goat pox is an infectious viral disease affecting caprine and ovine animals and can have a severe impact on the concerned animal population and the profitability of farming causing disturbance to movements of consignments of those animals and products thereof within the Union and exports to third countries. In the event of an outbreak of that disease in caprine and ovine animals, there is a serious risk that it may spread to other establishments keeping those animals.

(2) Sheep pox and goat pox is defined as a category A disease in Commission Implementing Regulation (EU) 2018/1882 (2). In addition, Commission Delegated Regulation 2020/687 (3) supplements the rules for the control of the listed diseases referred to in Article 9(1)(a), (b) and (c) of Regulation (EU) 2016/429, and defined as category A, B and C diseases in Implementing Regulation (EU) 2018/1882. In particular, Articles 21 and 22 of Delegated Regulation (EU) 2020/687 provide for the establishment of a restricted zone in the event of an outbreak of a category A disease, including sheep pox and goat pox, and for certain disease control measures to be applied therein. In addition, Article 21(1) of that Delegated Regulation provides that the restricted zone is to comprise a protection zone, a surveillance zone, and if necessary further restricted zones around or adjacent to the protection and surveillance zones.

(3) Spain informed the Commission of the current sheep pox and goat pox situation on its territory, following an outbreak of that disease in caprine and ovine animals in the region of Andalusia, which was confirmed on 19 September 2022. In addition, in accordance with Delegated Regulation (EU) 2020/687, it established a restricted zone, which comprises protection and surveillance zones, where the general disease control measures laid down in Delegated Regulation (EU) 2020/687 are applied, in order to prevent the further spread of that disease. Commission Implementing Decision (EU) 2022/1639 (4) was adopted following the information received from Spain concerning that outbreak.

(4) Since the date of adoption of Implementing Decision (EU) 2022/1639, the epidemiological situation in Spain has further evolved with respect to sheep pox and goat pox with the occurrence of two additional outbreaks in Andalusia and six outbreaks in the region of Castilla - La Mancha. Accordingly, Spain has continued to implement the required disease control measures and it has collected additional surveillance data.

(5) In addition, Spain has informed the Commission and the Standing Committee on Plants, Animals, Food and Feed that in the absence of risk mitigation measures specially aimed at sheep pox and goat pox in Annex VII to Delegated Regulation (EU) 2020/687, and awaiting an amendment to that Annex, it will apply the risk mitigation measures set out in that Annex for lumpy skin disease, to meat and milk from caprine an ovine animas originating from the protection and surveillance zones established in accordance with that Delegated Regulation. Spain has stated it needs to take these risk mitigating measures which take into account the similarity between sheep pox and goat pox virus and lumpy skin disease virus, both belonging to the family Poxviridae and genus Capripoxvirus.

(6) Taking into account the evolution of the epidemiological situation as regards sheep pox and goat pox in Spain, and in order to prevent any unnecessary disturbance to movements of consignments of ovine and caprine animals within the Union, and to avoid unjustified barriers to trade by third countries, it is necessary to rapidly identify at Union level the restricted zones for sheep pox and goat pox, which comprise protection and surveillance zones, in that Member State. Accordingly, the current areas identified as protection and surveillance zones in Spain in accordance with Delegated Regulation (EU) 2020/687 should be listed in the Annex to this Decision and the duration of that regionalisation fixed. In addition, Implementing Decision (EU) 2022/1639 should be repealed and replaced by this Decision.

(7) Given the urgency of the epidemiological situation in the Union as regards the spread of sheep pox and goat pox, it is important that the measures laid down in this Implementing Decision apply as soon as possible.

(8) In addition, taking into account the current epidemiological situation in the Union as regards sheep pox and goat pox, this Decision should apply until 31 December 2022.

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

HAS ADOPTED THIS DECISION:

Article 1 Subject matter and scope This Decision establishes at Union level: (a) the restricted zones which comprise protection and surveillance zones to be established by Spain following an outbreak or outbreaks of sheep pox and goat pox in Spain, in accordance with Article 21 of Delegated Regulation (EU) 2020/687; (b) the duration of the disease control measures to be applied in the protection zones in accordance with Article 39 and in the surveillance zones in accordance with Article 55 of that Delegated Regulation in accordance with Article 21 of Delegated Regulation (EU) 2020/687.

Article 2 Establishment of restricted zones Spain shall ensure that: (a) restricted zones which comprise protection and surveillance zones are established immediately by the competent authority of that Member State in accordance with Article 21(1) of Delegated Regulation (EU) 2020/687 and under the conditions laid down in that Article; (b) the protection and surveillance zones referred to in point (a) comprise at least the areas listed in the Annex to this Decision.

Article 3 Repeal of Implementing Decision (EU) 2022/1639 Implementing Decision (EU) 2022/1639 is repealed.

Article 4 Application This Decision shall apply until 31 December 2022.

Article 5 Addressee This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 4 October 2022. For the Commission Stella KYRIAKIDES Member of the Commission

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

(2) 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).

(3) Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases, OJ L 174, 3.6.2020, p. 64.

(4) Commission Implementing Decision (EU) 2022/1639 of 21 September 2022 concerning certain interim emergency measures relating to sheep pox and goat pox in Spain (OJ L 247, 23.9.2022, p. 69).