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)
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Address https://gelex.eu/eli/EU/decision/2022/937@2022-06-16/en
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), 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 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 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 and Article 10(4) of Council Directive 90/425/EEC. Those Directives were repealed on 14 December 2019 by Regulation (EU) 2017/625 of the European Parliament and of the Council. 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.
(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(5) Decision 2006/563/EC should therefore be repealed.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