COMMISSION IMPLEMENTING DECISION (EU) 2023/110

of 12 January 2023

laying down emergency measures as regards confirmed cases of infestation with small hive beetle (Aethina tumida) in Italy and France and repealing Implementing Decision (EU) 2021/597

(notified under document C(2023) 194)

(Only the French and Italian languages are 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), point (c) thereof,

Whereas:

(1) The Aethina tumida (small hive beetle) is an insect native to sub-Saharan Africa, which has spread worldwide in recent decades and can multiply rapidly in the presence, in particular, of bee brood, pollen and honey in honeycomb. Adult specimens can fly up to several kilometres to invade other places. Infestation with small hive beetle is listed in Annex II to Regulation (EU) 2016/429, and in the Annex to Commission Implementing Regulation (EU) 2018/1882 (2).

(2) The Aethina tumida (small hive beetle) is largely absent from the Union, but infestations have occurred in certain zones in Italy since September 2014. Commission Implementing Decision 2014/909/EU (3) laid down certain animal health protection measures as regards confirmed infestations with the Aethina tumida (small hive beetle) in Italy. Those measures have been taken over by Commission Implementing Decision (EU) 2021/597 (4). Currently, only the Region of Calabria is listed in the Annex to that Implementing Decision as a zone subject to those protective measures.

(3) France has recently notified the Commission the infestation with the Aethina tumida (small hive beetle) detected in the French Department of Reunion and also informed about the measures which were put in place. The spread of the Aethina tumida (small hive beetle) from that affected zone in France could constitute a serious hazard to honeybees and bumble bees elsewhere in the Union. The measures taken by France are in line with those taken by Italy and laid down in Commission Implementing Decision (EU) 2021/597 and they are considered satisfactory to contain the diffusion of the small hive beetle.

(4) In order to prevent any unnecessary disturbance to trade within the Union, to avoid unjustified barriers to trade being imposed by third countries, as well as to prevent the spread of infestation with the Aethina tumida (small hive beetle) to other zones of the Union, it is appropriate to add the French Department of Reunion to the list of Member States or zones thereof subject to restriction due to the presence of infestation with the Aethina tumida (small hive beetle).

(5) Given the difficulties experienced by the competent authority in recent years eradicating the small hive beetle in the affected Member States, those measures should apply until 31 December 2024.

(6) In order to obtain a clear and consistent text, it is appropriate to repeal Implementing Decision (EU) 2021/597 and replace it with this Decision.

(7) 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 For the purposes of this Implementing Decision the following definitions shall apply: (a) ‘beehive’ means a container used for keeping honeybees or bumble bees; (b) ‘apiary’ means an establishment which keeps honeybees or bumble bees; (c) ‘unprocessed apiculture by-products’ means honey, beeswax, royal jelly, propolis or pollen not intended for human consumption as defined in point 10 of Annex I to Commission Regulation (EU) No 142/2011 (5) which have not undergone any processing procedure as referred to in Chapter II, Section 1, Table 2, row 10 of the fourth column of Annex XIV to that Regulation; (d) ‘beekeeping equipment’ means used beehives, parts of beehives and utensils used in an apiary.

Article 2 1. France and Italy shall ensure that the following emergency measures are implemented in the zones listed in the Annex: (a) a ban on the dispatch of the following commodities to other zones of the Union: (i) honeybees; (ii) bumble bees; (iii) unprocessed apiculture by-products; (iv) beekeeping equipment; (v) apiculture products in honeycomb intended for human consumption; (b) the carrying out of surveillance in beehives and apiaries and epidemiological investigations, including: (i) the identification and tracing of movements of the commodities referred to in point (a) to and from apiaries and honey extraction establishments situated in an area of 20 km radius around the beehive(s) where an infestation with Aethina tumida (small hive beetle) has been confirmed; (ii) the notification of the results of such surveillance and epidemiological investigations to the Commission. 2. Based on the results of the surveillance and epidemiological investigations provided for in paragraph 1, point (b), France and Italy may implement additional appropriate emergency measures pursuant to Article 257 of Regulation (EU) 2016/429.

Article 3 This Decision shall apply until 31 December 2024.

Article 4 Implementing Decision (EU) 2021/597 is repealed.

Article 5 This Decision is addressed to the French Republic and the Italian Republic.

Done at Brussels, 12 January 2023. 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 Implementing Decision 2014/909/EU of 12 December 2014 concerning certain protective measures with regard to confirmed occurrences of the small hive beetle in Italy (OJ L 359, 16.12.2014, p. 161).

(4) Commission Implementing Decision (EU) 2021/597 of 12 April 2021 laying down emergency measures in relation to confirmed cases of infestation with small hive beetle in Italy (OJ, L 128, 14.4.2021, p. 4).

(5) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).