(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 surveillance, for Union surveillance programmes, for approval by the Commission of disease free-status and for the maintenance of disease-free status.

(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 laid down in Regulation (EU) 2016/429.

(3)

In accordance with Delegated Regulation (EU) 2020/689, the competent authorities are required to specify the targeted animal populations relevant for different types of surveillance. In addition, Delegated Regulation (EU) 2020/689 specifies the categories of animals that should be subject to surveillance. In the context of the current highly pathogenic avian influenza (HPAI) epizootics, the scientific report of the European Food Safety Authority on Avian influenza overview December 2022 – March 2023, published on 20 March 2023 (3), recommended to extend and enhance surveillance in both wild mammals, particularly in carnivores, and farmed animals, particularly in American mink, in higher risk areas where HPAI is present in wild birds and poultry. Mammal species are not included in the categories subject to surveillance provided for in Delegated Regulation (EU) 2020/689. Therefore, the existing provisions related to targeted species and avian influenza surveillance should be amended to address this recommendation as regards the risk posed by the current HPAI H5N1 and further enable and support competent authorities to conduct structured surveillance for HPAI in certain mammal species as appropriate.

(4)

Delegated Regulation (EU) 2020/689 provides for different pathways to obtain disease-free status. For several diseases, it is not possible to obtain that status without having previously implemented an approved eradication programme, as Member States cannot follow the pathway based on historical and surveillance data, due to certain limitations which apply concerning the diseases which may be subject to that pathway, as well as the limited timeframe within which such applications to obtain the status should be made. The experience gained since the date of application of Delegated Regulation (EU) 2020/689 has shown that this approach is not adequate as it does not necessarily provide additional reassurances for the granting of the disease-free status. Therefore, Delegated Regulation (EU) 2020/689 should be amended to provide the possibility for a Member State to obtain the disease-free status for all relevant diseases based on historical and surveillance data and without a time limitation.

(5)

Delegated Regulation (EU) 2020/689 provides for several requirements to maintain the status free from infection with Newcastle disease virus without vaccination. The experience gained since the date of application of Delegated Regulation (EU) 2020/689 has shown that the relevant provisions require further clarification as regards the applicable criteria.

(6)

Therefore, for the sake of legal certainty and clarity, Delegated Regulation (EU) 2020/689 should be amended accordingly,

(1)

in Article 4, the following paragraph 3 is added:

(2)

in Article 70 paragraphs 4, 5 and 6 are deleted.

(3)

in Article 76, paragraphs 3 and 4 are deleted.

(4)

Annexes II and V to Delegated Regulation (EU) 2020/689 are amended in accordance with the Annex to this Regulation.