Commission Delegated Regulation (EU) 2021/881 of 23 March 2021 amending Delegated Regulation (EU) 2020/689 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 (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 the introductory phrase and points (a) and (d) of Article 29, the introductory phrase and points (a) and (b) of Article 31(5), the introductory phrase and point (c) of Article 32(2), the introductory phrase and points (a) and (b) of Article 41(3), and Article 42(6) thereof,

Whereas:

(1) Regulation (EU) 2016/429 lays down rules for the prevention and control of animal diseases which are transmissible to animals or humans, including rules for diagnostic methods, rules for Union surveillance programmes and rules for the approval by the Commission of eradication programmes.

(2) Commission Delegated Regulation (EU) 2020/689 (2) supplements the rules on surveillance, eradication programmes and disease-free status for certain listed diseases and emerging diseases of terrestrial, aquatic and other animals as provided for in Regulation (EU) 2016/429.

(3) Article 83 of Delegated Regulation (EU) 2020/689 provides for a derogation from the requirement for the Commission to approve certain disease-free statuses for aquatic animal diseases. In order to reduce the administrative burden this derogation should be expanded to include a similar provision for the approval of certain eradication programmes for aquatic animal diseases.

(4) When a Member State wishes to obtain the approval of an eradication programme for aquatic animal diseases for its entire territory or for a zone or compartment thereof accounting for more than 75 % of its territory, or which is shared with another Member State or third country, it is required to apply to the Commission for approval. In all other cases, a system of self-declaration by the Member State must be followed.

(5) The system of self-declaration of an eradication programme for aquatic animal diseases for zones and compartments other than those which are approved by the Commission is designed to give transparency to the process and to make it easier and potentially quicker for Member States to have the eradication programme approved. The entire process should be completed electronically unless the Commission or another Member State raises concerns which cannot be resolved satisfactorily. If there are concerns that cannot be resolved satisfactorily, the declaration must be submitted to the Standing Committee on Plants, Animals, Food and Feed.

(6) Commission Decision 2010/367/EU (3) lays down minimal requirements for surveillance programmes for avian influenza in poultry and in wild birds and sets out technical guidelines in its annexes. Those requirements are now laid down in Annex II to Delegated Regulation (EU) 2020/689. For the sake of clarity and transparency Decision 2010/367/EU should be included in the list of acts to be repealed by Article 86 of Delegated Regulation (EU) 2020/689.

(7) After publication of Delegated Regulation (EU) 2020/689, incorrect cross-references were noticed in Annex IV to that Regulation. Those cross-references should be corrected.

(8) Annex VI to Delegated Regulation (EU) 2020/689 lays down the specific requirements as regards diseases of aquatic animals. They include the general requirements for health visits and sampling for eradication programmes. The general requirements may also be used for demonstrating and maintaining disease-free status.

(9) Section 5 of Chapter 2 of Part II of Annex VI to Delegated Regulation (EU) 2020/689 lays down the diagnostic and sampling methods for the detection of infection with HPR-deleted infectious salmon anaemia virus. Following the latest available information laid down in the Manual of Diagnostic Test for Aquatic Animals of the World Organisation for Animal Health (OIE) (4), the diagnostic and sampling methods should be updated.

(10) After publication of Delegated Regulation (EU) 2020/689 in the Official Journal of the European Union, some mistakes were noticed in Part II of Annex IV and in Part III of Annex VI to that Regulation. Those mistakes should be corrected.

(11) Delegated Regulation (EU) 2020/689 should therefore be amended accordingly.

(12) As Delegated Regulation (EU) 2020/689 applies from 21 April 2021, this Regulation should also apply from that date,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2020/689 is amended as follows:

Article 2

This Regulation shall enter into force on the third 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, 23 March 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(2) 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).

(3) Commission Decision 2010/367/EU of 25 June 2010 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds (OJ L 166, 1.7.2010, p. 22).

(4) https://www.oie.int/standard-setting/aquatic-manual/access-online/