CELEX: 
Language: en
Date: 2019-12-17 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the listed diseases subject to Union surveillance programmes, the geographical scope of such programmes and the listed diseases for which the disease-free status of compartments may be established

EUROPEAN
                            COMMISSION
                                                      Brussels, 17.12.2019
                                                      C(2019) 8927 final
              COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                        of 17.12.2019
    laying down rules for the application of Regulation (EU) 2016/429 of the European
       Parliament and of the Council as regards the listed diseases subject to Union
   surveillance programmes, the geographical scope of such programmes and the listed
       diseases for which the disease-free status of compartments may be established
                                  (Text with EEA relevance)
EN                                                                                    EN
 ---pagebreak---                   COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                  of 17.12.2019
       laying down rules for the application of Regulation (EU) 2016/429 of the European
          Parliament and of the Council as regards the listed diseases subject to Union
     surveillance programmes, the geographical scope of such programmes and the listed
          diseases for which the disease-free status of compartments may be established
                                          (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 (ʻAnimal Health Lawʼ)1, and in particular point (a) of Article 30(1) and
   point (b) of the first subparagraph of Article 37(4) thereof,
   Whereas:
   (1)     Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases
           which are transmissible to animals or humans, including rules for surveillance,
           eradication and granting of disease free-status at compartment level.
   (2)     Regulation (EU) 2016/429 establishes a harmonised list of transmissible animal
           diseases (‘listed diseases’) which pose a risk to animal or public health in the Union,
           whether across the whole Union or only in parts.
   (3)     Article 28 of Regulation (EU) 2016/429 provides for Union surveillance programmes
           for certain listed diseases. Article 30 of that Regulation provides for the determination
           by means of an implementing act which of the listed diseases are to be subject to
           Union surveillance programmes, including the geographical scope of such
           programmes.
   (4)     Regulation (EU) 2016/429 repeals Council Directive 2005/94/EC2 as from 21 April
           2021. Council Directive 2005/94/EC provides for mandatory surveillance programmes
           for avian influenza in poultry and in wild birds. The mandatory surveillance
           programmes for avian influenza continue to be relevant to ensure a high level of
           surveillance across the Union due to the impact of highly pathogenic avian influenza
           on animal health. These programmes should also include the surveillance of certain
           areas with a heightened risk of mutation of low pathogenic avian influenza viruses to
           highly pathogenic avian influenza viruses. The surveillance of avian influenza also
           contributes to the knowledge on viruses posing a potential zoonotic risk. Therefore,
           this obligation should be reflected within the framework of Regulation (EU) 2016/429
           by means of Union surveillance programmes for avian influenza.
   1
           OJ L 84, 31.3.2016, p. 1.
   2
           Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian
           influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).
EN                                                      1                                                  EN
 ---pagebreak---    (5)    Pursuant to the harmonised list of transmissible animal diseases in Regulation (EU)
          2016/429, a distinction is made between highly pathogenic avian influenza and
          infection with low pathogenic avian influenza viruses. In order to ensure consistency,
          this distinction should be reflected in the scope of Union surveillance programmes.
   (6)    Commission Delegated Regulation (EU) C(2019)40563 lays down, amongst others, the
          criteria for establishing the listed diseases subject to Union surveillance programmes
          and the contents of such programmes. Highly pathogenic avian influenza and infection
          with low pathogenic avian influenza viruses conform with those criteria.
   (7)    Article 37 of Regulation (EU) 2016/429 gives Member States the right to apply for
          recognition of the disease-free status of compartments for certain listed diseases
          referred to in points (a), (b) and (c) of Article 9(1) of that Regulation. An
          implementing act should determine for which of these listed diseases the disease-free
          status of compartments may be established.
   (8)    Regulation (EU) 2016/429 repeals Council Directive 2006/88/EC4 as from 21 April
          2021. Council Directive 2006/88/EC provides for the establishment of disease-free
          compartments for a list of diseases of aquatic animals, in line with the Aquatic Animal
          Health Code issued by the World Organisation for Animal Health (OIE). In order to
          facilitate the maintenance of disease-free status of compartments, the aquatic animal
          diseases included in that list of diseases should, as far as possible, be used for the
          purposes of the listed diseases for which disease-free status of compartments may be
          established within the framework of Regulation (EU) 2016/429.
   (9)    As the provisions of Regulation (EU) 2016/429 governing the matters covered by this
          Regulation apply from 21 April 2021, this Regulation should apply from the same
          date.
   (10)   The measures provided for in this Regulation are in accordance with the opinion of the
          Standing Committee on Plants, Animals, Food and Feed,
   HAS ADOPTED THIS REGULATION:
                                                     Article 1
   The listed diseases subject to Union surveillance programmes in accordance with Article 28
   of Regulation (EU) 2016/429 and the geographical scope of such programmes are set out in
   Annex I to this Regulation.
                                                     Article 2
   The listed diseases for which the disease-free status of compartments may be established in
   accordance with Article 37 of Regulation (EU) 2016/429 are set out in Annex II to this
   Regulation.
   3
           Commission Delegated Regulation (EU) C(2019)4056 of … supplementing Regulation (EU) 2016/429
           of the European Parliament and of the Council as regards rules for surveillance, eradication
           programmes, and disease-free status for certain listed and emerging diseases (OJ L …, …, p. …).
   4
           Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture
           animals and products thereof, and on the prevention and control of certain diseases in aquatic animals
           (OJ L 328, 24.11.2006, p. 14).
EN                                                        2                                                       EN
 ---pagebreak---                                                Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   It shall apply from 21 April 2021.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 17.12.2019
                                                 For the Commission
                                                 The President
                                                 Ursula von der LEYEN
EN                                                 3                                                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                      Brussels, 17.12.2019
                                                      C(2019) 8927 final
                                                      ANNEXES 1 to 2
                                         ANNEXES
                                             to the
                           Commission Implementing Regulation
    laying down rules for the application of Regulation (EU) 2016/429 of the European
       Parliament and of the Council as regards the listed diseases subject to Union
   surveillance programmes, the geographical scope of such programmes and the listed
       diseases for which the disease-free status of compartments may be established
EN                                                                                    EN
 ---pagebreak---                                             ANNEX I
   LISTED DISEASES    SUBJECT  TO   UNION    SURVEILLANCE GEOGRAPHICAL SCOPE OF         UNION
   PROGRAMMES                                             SURVEILLANCE PROGRAMMES
   Highly pathogenic avian influenza                        Entire territory of Member State
   Infection with low pathogenic avian influenza viruses    Entire territory of Member State
EN                                              1                                             EN
 ---pagebreak---                                  ANNEX II
     LISTED DISEASES FOR WHICH THE DISEASE-FREE STATUS OF COMPARTMENTS
                             MAY BE ESTABLISHED
   Epizootic haematopoietic necrosis
   Viral haemorrhagic septicaemia
   Infectious haematopoietic necrosis
   Infection with highly polymorphic region (HPR) deleted infectious
   salmon anaemia virus
   Infection with Microcytos mackini
   Infection with Perkinsus marinus
   Infection with Bonamia ostreae
   Infection with Bonamia exitiosa
   Infection with Marteilia refringens
   Infection with Taura syndrome virus
   Infection with yellow head virus
   Infection with white spot syndrome virus
EN                                     2                               EN