Date: 2022-06-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2022/937 of 16 June 2022 repealing Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This Commission Implementing Decision repeals Decision 2006/563/EC, which concerned protection measures against highly pathogenic avian influenza (HPAI) of subtype H5N1 in wild birds. The repeal is due to the measures in the previous decision being unsuited to the current epidemiological situation and the outdated legal basis. This decision enters into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* Repeal of Existing Measures:
* Commission Decision 2006/563/EC is repealed in its entirety.
* Entry Into Force:
* This decision takes effect twenty days following its publication in the Official Journal of the European Union.
Impact Analysis:
* European Commission:
* Impact: Empowered by Regulation EU 2016/429 to adopt implementing acts and responsible for repealing outdated decisions.
* Action Required: Implement and enforce the repeal of Decision 2006/563/EC.
* Standing Committee on Plants, Animals, Food and Feed:
* Impact: Consulted on the measures provided in this regulation.
* Action Required: Acknowledge the decision.
* Member States:
* Impact: The protection measures outlined in the now repealed Decision 2006/563/EC are no longer in effect.
* Action Required: Adjust national measures regarding HPAI in wild birds to align with the current epidemiological situation and relevant EU regulations.
Key Entities Referenced
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the treaties of the EU and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
Regulation EU 2016/429: A regulation of the European Parliament and of the Council on transmissible animal diseases, also known as the Animal Health Law.
European Parliament: The directly elected parliamentary body of the European Union.
Council Directive 89/662/EEC: A Council Directive concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.
Council Directive 90/425/EEC: A Council Directive concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market.
Highly Pathogenic Avian Influenza (HPAI): A highly contagious viral disease affecting birds.
Ursula VON DER LEYEN: The President of the European Commission.
17.6.2022 EN Official Journal of the European Union L 162/37
COMMISSION IMPLEMENTING DECISION (EU) 2022/937
of 16 June 2022
repealing Decision 2006/563/EC concerning certain protection measures in relation to highly
pathogenic avian influenza of subtype H5N1 in wild birds in the Community
(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 71(3) thereof,
Whereas:
(1) Regulation (EU) 2016/429 empowers the Commission to adopt implementing acts laying down special disease
control measures in the framework of the control of outbreaks of listed diseases as referred to in Article 9(1)(a) of
Regulation (EU) 2016/429, when disease control measures already taken are found not to be suited to the
epidemiological situation.
(2) Commission Implementing Regulation (EU) 2018/1882(2)categorises highly pathogenic avian influenza (HPAI) as a
listed disease as referred to in Article 9(1)(a) of Regulation (EU) 2016/429.
(3) Commission Decision 2006/563/EC(3)lays down certain protection measures to be applied in cases where HPAI caused
by the highly pathogenic influenza A virus of subtype H5 is detected and the neuraminidase type N1 (H5N1) is suspected
or confirmed in wild birds. The legal basis of that Decision includes Article 9(4) of Council Directive 89/662/EEC(4)and
Article 10(4) of Council Directive 90/425/EEC(5). Those Directives were repealed on 14 December 2019by Regulation
(EU) 2017/625 of the European Parliament and of the Council(6). Nevertheless, Article 164(2) of Regulation (EU)
2017/625 provides that Article 9 of Directive 89/662/EEC and Article 10 of Directive 90/425/EEC were to continue to
apply in relation to the matters governed by Regulation (EU) 2016/429, until the date of application of Regulation (EU)
2016/429. Regulation (EU) 2016/429 started to apply on 21 April 2021.
(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 Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian
influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (OJ L 222, 15.8.2006, p. 11).
(4) Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the
completion of the internal market (OJ L 395, 30.12.1989, p. 13).
(5) Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade
in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29).
(6) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official
activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant
protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU)
No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC
and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the
Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council
Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).L 162/38 EN Official Journal of the European Union 17.6.2022
(4) In addition, the measures laid down in Decision 2006/563/EC are not suited to the current epidemiological
situation.
(5) Decision 2006/563/EC should therefore be repealed.
(6) 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 DECISION:
Article 1
Decision 2006/563/EC is repealed.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 16 June 2022.
For the Commission
The President
Ursula VON DER LEYEN