BAKGRUNN (fra kommisjonsforordningen) 

(1) Regulation (EU) 2016/429 lays down rules for the prevention and control of animal diseases that are transmissible to animals or to humans. That Regulation lays down in its Part IV, Title I, Chapter 3, the animal health requirements for movements within the Union of kept terrestrial animals.

(2) Commission Delegated Regulation (EU) 2020/688 (2) supplements the rules on the prevention and control of diseases listed in Article 5(1) of Regulation (EU) 2016/429 as regards movements within the Union of terrestrial animals, including ungulates susceptible to infection with epizootic haemorrhagic disease virus.

(3) Infection with epizootic haemorrhagic disease virus is listed in the Annex to Commission Implementing Regulation (EU) 2018/1882 (3) as a Category D disease, for which measures are needed to prevent it from spreading on account of movements between Member States. The epidemiological situation of infection with epizootic haemorrhagic disease virus in the Union has changed since the entry into force of Regulation (EU) 2016/429 and of Delegated Regulation (EU) 2020/688, with the first ever notification of outbreaks in the Union in several Member States in 2022. The spread of infection with epizootic haemorrhagic disease virus continued after the entry into force of Commission Delegated Regulation (EU) 2023/2515 (4), the latest amendment to Delegated Regulation (EU) 2020/688, which introduced new risk-mitigating measures applicable to the movements of terrestrial animals within the Union in situations where animals come from an establishment situated in an area of at least 150 km radius around that establishment in which the infection with epizootic haemorrhagic disease virus has been reported during the last 2 years prior to departure. In order to address the continued spread of the disease and providing an adequate level of protection to the animal health situation of the Member States of destination and of passage, while facilitating the safe movement of animals within the Union, it is necessary to introduce further risk-mitigating measures.

(4) In particular, vaccination against infection with epizootic haemorrhagic disease virus is included in the Terrestrial Animal Health Code (5) of the World Organisation for Animal Health (WOAH) as an effective means to prevent the transmission of the virus via the movement of animals, irrespective of the virus circulation at the place of origin, when applied in accordance with the specifications of the vaccine. Therefore, this Regulation should provide for the use of vaccines as a risk-mitigating measure for certain movements of certain kept ungulates of listed species that come from an establishment situated in an area of at least 150 km radius around that establishment in which infection with epizootic haemorrhagic disease virus has been reported in kept animals of listed species for that disease during the last 2 years prior to departure.

(5) Also, experience has shown that the competent authorities of Member States of destination are best placed to assess the local animal health situation at the places of destination regarding certain kept ungulates originating from areas where infection with epizootic haemorrhagic disease virus has been reported in kept animals of listed species for that disease during the last 2 years prior to departure. Therefore, some flexibility should be provided for Member States to establish other risk-mitigating measures than those already envisaged for movements of such animals in Delegated Regulation (EU) 2020/688 in order to ensure an adequate level of protection at the place of destination, subject to the principle of proportionality. Therefore, this Regulation should provide for the option to comply with specific risk-mitigating measures established by the competent authorities of the Member State of destination that take into account the situation at local level for infection with epizootic haemorrhagic disease virus.

(6) The use of vaccines and compliance with other specific risk-mitigating measures established by the competent authorities of the Member State of destination should be provided for regarding the movements between Member States of bovine, ovine, caprine, camelid, cervid animals, and of other kept ungulates.

(7) Moreover, transport operations with animals that come from an establishment situated in an area of at least 150 km radius around that establishment in which infection with epizootic haemorrhagic disease virus has been reported in kept animals of listed species for that disease during the last 2 years prior to departure to a Member State of destination, which do not comply with the risk-mitigating measures provided for this situation in Delegated Regulation (EU) 2020/688 or which are complying with other specific risk-mitigating measures established by the competent authorities of the Member State of destination, may pose a risk to the health situation of the Member State of passage or area thereof. Therefore, for such transport operations, in order for the Member State of passage to obtain appropriate protection against the risk posed by the passage, it is appropriate to set out requirements for the protection of the means of transport against vectors and as regards the unloading of animals and to provide for the possibility to derogate therefrom.

(8) For the sake of transparency, the authorisation of certain types of movements within the Union which do not comply with the risk-mitigating measures provided for this situation in Delegated Regulation (EU) 2020/688, or which are complying with other specific risk-mitigating measures established by the competent authorities of the Member State of destination, or that involve transport operations not complying with the requirements provided for this situation in Delegated Regulation (EU) 2020/688, should only take place if the competent authority of the Member State of destination or the Member State of passage has previously communicated to the Commission and the other Member States that such type of movements is authorised, regardless of the Member State of origin or area thereof.

(9) Delegated Regulation (EU) 2020/688 should therefore be amended accordingly,