(1)

Commission Delegated Regulation (EU) 2020/687 (2) lays down rules supplementing Regulation (EU) 2016/429 as regards the prevention and control of certain listed diseases, notably category A, B and C diseases in accordance with Commission Implementing Regulation (EU) 2018/1882 (3). More particularly, Delegated Regulation (EU) 2020/687 provides for restrictions and conditions for movements of animals and products thereof within and from restricted zones, as part of the measures to control the spread of category A diseases.

(2)

The rules provided in Delegated Regulation (EU) 2020/687 supplement those laid down in Regulation (EU) 2016/429. They include various technical aspects of the measures to be taken if there is suspicion or confirmation of diseases referred to in Article 9(1)(a) of Regulation (EU) 2016/429. As those rules are interrelated, they are laid down together in Delegated Regulation (EU) 2020/687. In the interest of clarity and for their effective application, it is appropriate for the rules amending Delegated Regulation (EU) 2020/687 to be also laid down in a single delegated act providing a comprehensive set of technical measures for the control of the relevant listed diseases.

(3)

Article 21(3) of Delegated Regulation (EU) 2020/687 provides for the possibility for the competent authority to decide whether or not to establish a restricted zone in certain circumstances. The current wording of that Article could be misleading, as it could be subject to different interpretations. That Article should therefore be amended to clearly provide for that possibility.

(4)

The disease control measures provided for in Delegated Regulation (EU) 2020/687 should be proportionate to the risks involved. For that reason, restrictions and conditions should cover only those species of animals and their products that pose a risk for the spread of a particular category A disease, taking into account the listed animal species for the relevant category A disease.

(5)

Article 22(5) of Delegated Regulation (EU) 2020/687 provides for the obligation to issue an animal health certificate for movements of consignments of animal by-products originating from and moved outside the restricted zone without specifying the species of animals covered by that provision. Therefore, that paragraph should be amended to limit this obligation to consignments of animal by-products obtained from animals of species listed for the relevant category A disease.

(6)

Article 272(2) of Regulation (EU) 2016/429 lays down transitional measures related to the repeal of various existing Directives, notably Council Directives 92/66/EEC (4), 2000/75/EC (5), 2001/89/EC (6), 2002/60/EC (7), 2003/85/EC (8) and 2005/94/EC (9). In particular, it provides for the possibility for those Directives to continue to apply instead of the corresponding articles of that Regulation for a period of three years after the date of its application or an earlier date to be determined in a delegated act. In accordance with that provision, Article 112 of Delegated Regulation (EU) 2020/687 provides that Directives 92/66/EEC, 2001/89/EC, 2003/85/EC and 2005/94/EC are to cease to apply from 21 April 2021, since that Delegated Regulation lays down rules corresponding to those previously laid down in those Directives.

(7)

Delegated Regulation (EU) 2020/687 also lays down rules on disease control measures for all category A diseases, including African swine fever. Therefore, Article 112 of Delegated Regulation (EU) 2020/687 should be amended by adding Directive 2002/60/EC, which lays down the specific provisions for the control of African swine fever, to the list of Directives that are to cease to apply from 14 July 2021.

(8)

In addition, Commission Delegated Regulation (EU) 2020/689 (10) lays down rules on surveillance, eradication programmes and disease-free status for certain listed diseases, including infection with bluetongue virus. Those rules will apply from 21 April 2021. Therefore, Article 112 of Delegated Regulation (EU) 2020/687 should be amended by adding Directive 2000/75/EC, which lays down specific provisions for the control and eradication of bluetongue, to the list of Directives that are to cease to apply from 14 July 2021, with a view to avoiding a duplication and inconsistency of the rules in force as regards the surveillance, eradication and disease-free status of bluetongue in the Union.

(9)

Article 27 of Delegated Regulation (EU) 2020/687 lays down the prohibitions to be implemented by the competent authority in the protection and surveillance zones in the event of an outbreak of category A diseases to control the spread of the disease. Those prohibitions are listed in Annex VI to that Delegated Regulation. However, the prohibition on movements of consignments of animal by-products from protection and surveillance zones is incomplete, as it only refers to certain animal by-products. This could pose a risk for the spread of disease during the implementation of the disease control measures provided in that Delegated Regulation. Annex VI to Delegated Regulation (EU) 2020/687 should clarify that all movements of consignments of animal by products from protection and surveillance zones are prohibited.

(10)

Delegated Regulation (EU) 2020/687 should, therefore, be amended accordingly.

(11)

Delegated Regulation (EU) 2020/687 applies from 21 April 2021. In the interest of legal certainty, this Regulation should enter into force as a matter of urgency,

(1)

in Article 21(3), the introductory phrase is replaced by the following:

(2)

in Article 22, paragraph 5 is replaced by the following:

(3)

Article 112 is replaced by the following:

(4)

Annex VI to Delegated Regulation (EU) 2020/687 is amended in accordance with the Annex to this Regulation.