Commission Implementing Regulation (EU)
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L 131/78 EN Offi cial Jour nal of the European Union 16.4.2021 COMMISSION IMPLEMENTING REGULATION (EU) 2021/620 of 15 April 2021 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of the disease-free and non-vaccination status of certain Member States or zones or compartments thereof as regards certain listed diseases and the approval of eradication programmes for those listed diseases (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 Articles 31(3) and 36(4) and Article 37(4)(a) thereof, Whereas: (1) Regulation (EU) 2016/429 establishes a new legislation framework for the prevention and control of diseases, which are transmissible to animals or humans. In particular, Regulation (EU) 2016/429 lays down disease-specific rules for the diseases listed in accordance with Article 5(1) thereof (listed diseases), and Article 9 thereof provides how those rules are to be applied to different categories of listed diseases. Regulation (EU) 2016/429 also provides for the Member States to establish compulsory eradication programmes for the listed diseases referred to in Article 9(1)(b) thereof, and for optional eradication programmes for listed diseases referred to in Article 9(1)(c) thereof, and for the approval of such programmes by the Commission. In addition, it provides for the approval by the Commission of the disease-free status or non-vaccination status of Member States or zones or compartments thereof with regard to certain listed diseases referred to in Article 9(1)(a), (b) and (c) of Regulation (EU) 2016/429. (2) Commission Implementing Regulation (EU) 2018/1882 (2) defines listed diseases into Categories A to E diseases, and provides that the disease prevention and control rules for listed diseases referred to in Article 9(1) of Regulation (EU) 2016/429 are to apply to the categories of listed diseases for the listed species and groups of listed species referred to in the table set out in the Annex to that Regulation. This Regulation should lay down rules that concern Category A, Category B or Category C diseases. (3) Regulation (EU) 2016/429 regards the following as listed diseases: infection with Brucella abortus, B. melitensis and B. suis, infection with Mycobacterium tuberculosis complex (MTBC), infection with rabies virus (RABV), enzootic bovine leucosis (EBL), infection with bluetongue virus (serotypes 1-24) (infection with BTV), bovine viral diarrhoea (BVD), infectious bovine rinotracheitis/infectious pustular vulvovaginitis (IBR/IPV), infection with Aujeszky’s disease virus (ADV), infestation with Varroa spp., infection with Newcastle disease virus, infection with highly pathogenic avian influenza (HPAI), viral haemorrhagic septicaemia (VHS), infectious haematopoietic necrosis (IHN), infection with highly polymorphic region deleted infectious salmon anaemia virus (HPR-deleted ISAV), infection with Marteilia refringens, infection with Bonamia exitiosa, infection with Bonamia ostreae, and infection with white spot syndrome virus (WSSV). All those listed diseases fall within the definitions of Category A, Category B or Category C diseases laid down in Implementing Regulation (EU) 2018/1882, and are duly listed in the table in the Annex to that Implementing Regulation. (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 group of species posing a considerable risk for the spread of those diseases (OJ L 308, 4.12.2018, p. 21). 16.4.2021 EN Offi cial Jour nal of the European Union L 131/79 (4) Commission Delegated Regulation (EU) 2020/689 (3) supplements the rules on eradication programmes and disease- free status for certain listed diseases of terrestrial, aquatic and other animals, as provided for in Regulation (EU) 2016/429. In particular, Delegated Regulation (EU) 2020/689 establishes criteria for the granting of disease-free status for Member States or zones or compartments thereof, and the requirements for the approval of eradication programmes for Member States or zones or compartments thereof. (5) Article 85 of Regulation (EU) 2020/689 provides that the Member States or zones thereof with an approved eradication programme or an approved surveillance programme for category C diseases before the date of application of that Regulation are to be deemed to have an approved eradication programme in accordance with that Regulation for a period of six years from the date of application of that Regulation. Accordingly, this limitation should be indicated in the relevant Annexes to this Regulation. (6) Article 280 of Regulation (EU) 2016/429 provides the rules for the maintenance of the existing disease-free status or approved eradication and surveillance programmes of Member States or zones or compartments thereof for certain listed diseases that were approved by Commission acts adopted in accordance with Council Directives 64/432/EEC (4), 91/68/EEC (5), 92/65/EEC (6), 2005/94/EC (7), 2006/88/EC (8) or 2009/158/EC (9). In addition, Articles 84 and 85 of Delegated Regulation (EU) 2020/689 supplement the rules laid down in Regulation (EU) 2016/429 in that respect by laying down transitional measures concerning existing disease-free statuses, and existing approved eradication and surveillance programmes, with regard to those listed diseases. (7) For the sake of simplification and transparency, this Regulation should replace the lists of existing disease-free Member States, zones and compartments and the existing approved eradication and surveillance programmes set out in the Commission acts adopted pursuant to the Directives referred to in Article 280 of Regulation (EU) 2016/429 and in certain Directives referred to in Articles 84 and 85 of Delegated Regulation (EU) 2020/689 with lists set out in the Annexes to this Regulation. (8) For certain listed diseases, Delegated Regulation (EU) 2020/689 lays down rules for the first time for the approval of the disease-free status for Member States or zones or compartments thereof and therefore the provisions of Article 280 of Regulation (EU) 2016/429 do not apply to such situations. This is the case for infection with rabies virus (RABV), infection with bluetongue virus (serotypes 1-24) (infection with BTV), bovine viral diarrhoea (BVD) or infection with Bonamia exitiosa. Several Member States have submitted to the Commission applications to have disease-free status granted for those listed diseases. Following the assessment by the Commission, those applications have been shown to comply with the criteria of Sections 1 and 2 of Chapter 4 of Part II of Delegated Regulation (EU) 2020/689 that lay down rules for the granting of disease-free status for Member States or zones and compartments thereof. Therefore, the disease-free status of those Member States or the relevant zones or compartments thereof, should be granted and they should be duly listed in the Annexes to this Regulation. (3) Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 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 174, 3.6.2020, p. 211). (4) Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121, 29.7.1964, p. 1977/64). (5) Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, p. 19). (6) Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54). (7) 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). (8) 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 of aquatic animals (OJ L 328, 24.11.2006, p. 14). (9) Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74). L 131/80 EN Offi cial Jour nal of the European Union 16.4.2021 (9) For certain listed diseases, Delegated Regulation (EU) 2020/689 lays down rules for the approval of eradication programmes for Member States or zones or compartments thereof that are not subject to the provisions of Article 280 of Regulation (EU) 2016/429. This is the case for infection with Brucella abortus, B. melitensis and B. suis, infection with Mycobacterium tuberculosis complex (MTBC), infection with rabies virus (RABV), enzootic bovine leucosis (EBL), infection with bluetongue virus (serotypes 1-24) (infection with BTV), bovine viral diarrhoea (BVD) or infection with Bonamia exitiosa. Several Member States have submitted to the Commission applications to have the eradication programmes approved for those listed diseases. Following the assessment by the Commission, those applications have been shown to comply with the criteria of Chapters 2 and 3 of Part II of Delegated Regulation (EU) 2020/689 that lay down criteria to be complied with for the approval of eradication programmes for Category B and Category C diseases of terrestrial and aquatic animals, respectively.