(1)

On 24 February 2023, the Council adopted Implementing Regulation (EU) 2023/420 (2), establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (the ‘list’).

(2)

The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered into the list.

(3)

By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities on the list that it had decided to keep them thereon. The Council also informed those persons, groups and entities that it was possible to request a statement of the Council’s reasons for entering them into the list where such a statement had not already been communicated to them.

(4)

The Council has reviewed the list as required by Article 2(3) of Regulation (EC) No 2580/2001. When carrying out that review, the Council took into account the observations submitted to it by those concerned as well as the updated information received from the competent national authorities on the status of listed individuals and entities at national level.

(5)

The Council has verified that competent authorities, as referred to in Article 1(4) of Council Common Position 2001/931/CFSP (3), have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 72, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(6)

The list should be updated accordingly, and Implementing Regulation (EU) 2023/420 should be repealed,

(1)

Council Regulation (EU) 2023/194 (1) fixes for 2023 the fishing opportunities for certain fish stocks applicable in Union waters and, for Union fishing vessels, in certain non-Union waters. The total allowable catches (TACs) set by Regulation (EU) 2023/194 should be amended to take into account the publication of scientific advice as well as the outcomes of consultations with third countries.

(2)

Regulation (EU) 2023/194 sets a provisional TAC for Northern prawn (Pandalus borealis) in Union and Norwegian waters of ICES division 3a for 2023. The Union and Norway held consultations on the level of the TAC for Northern prawn in ICES division 3a and 4a East for the period from 1 July 2023 to 30 June 2024. Those consultations were conducted on the basis of the Union position endorsed by the Council on 12 June 2023. On 29 June 2023, the Union and Norway agreed on a TAC in ICES division 3a and 4a East of 6 076 tonnes, of which 4 253 tonnes are to be allocated to ICES division 3a. That TAC level corresponds to what the level of the ICES advice for that stock for the period from 1 July 2023 to 30 June 2024 would have been had the advice been based on the assumption that fishing opportunities were not fully utilised in the first half of 2023 and that 900 tonnes remained unfished on 1 July 2023. According to the catch figures provided by the Union and Norway, that later assumption matches the fishing opportunities uptake level on 1 July 2023. In order to transition from the setting of a TAC for Northern prawn in ICES division 3a twice per year to once per year: (i) the provisional TAC for that stock for 2023 should be replaced by a definitive TAC for the period from 1 January to 30 June 2023 at the level agreed with Norway on 17 March 2023, and (ii) the TAC for that stock for the period from 1 July 2023 to 30 June 2024 should be set at the level agreed with Norway on 29 June 2023.

(3)

Regulation (EU) 2023/194 should therefore be amended accordingly.

(4)

In order to allow fishing to continue, this Regulation should enter into force without delay.

(5)

The provisions of this Regulation concerning fishing opportunities for Northern prawn should apply from 1 January 2023 and 1 July 2023 respectively. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are either increased or have not yet been exhausted,

(1)

The topic of ICT usage and e-commerce provides the data required by the Digital Compass for the EU’s Digital Decade to monitor the EU’s digital targets for 2030, such as the Digital Intensity Indicator reflecting the digital transformation of businesses. It also provides information for various other Union policies related to Europe’s digital performance and to the priority of the European Commission – A Europe fit for the digital age.

(2)

To be able to assess the quality of the data and to ensure that data on ICT usage and e-commerce are comparable and harmonised, metadata and quality reports are required to be provided before the data are released.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

(1)

Pursuant to Article 44(2), second subparagraph, of Regulation (EU) 2021/2116, from 16 October to 30 November Member States may pay advances of up to 50 % for interventions in the form of direct payments and prior to 1 December they may pay advances of up to 75 % for area-based and animal-based rural development interventions under Regulation (EU) 2021/2115 of the European Parliament and of the Council (2).

(2)

The Covid-19 pandemic, its impact on food supply chains, and the surge in the prices of energy and agricultural inputs since autumn 2021 have been putting the agricultural sector under pressure. In addition, the Russia’s invasion of Ukraine aggravated the situation and had a further negative impact on the agriculture sector. Input prices, such as energy, fertiliser and feed costs have increased significantly in all agricultural sectors.

(3)

As a result, the share of energy and fertilisers costs in total intermediate consumption had increased significantly in 2022, with the largest increase being observed for field crops and permanent crops farms, in both cases because of their exposure to fertiliser costs. Fertiliser prices are still at historically very high levels. Data suggests that farmers have reacted by reducing their use of fertilisers with, as of yet, uncertain negative consequences on yields and the quality of food and feed commodities.

(4)

The prices of other inputs for farmers and food chain operators in the Union such as for example plant protection products and animal health treatments, machinery and packaging have increased in line with the general inflation.

(5)

Recently, prices for most agricultural commodities such as cereals, oilseeds and dairy products have been falling significantly. In some Member States, the situation has become particularly difficult as the ratio between input prices and commodity prices has deteriorated.

(6)

These circumstances, in addition to recent adverse meteorological events in certain regions, such as extreme drought and floods, are liable to cause liquidity problems for agricultural producers. To tackle these liquidity problems, Member States should be allowed to pay increased advance payments in respect of claim year 2023.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds and the Common Agricultural Policy Committee,

(1)

Pursuant to Article 104(1), second subparagraph, point (a)(iv), of Regulation (EU) 2021/2116 of the European Parliament and the Council (2), Article 75 of Regulation (EU) No 1306/2013 continues to apply as regards the EAFRD, in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 of the European Parliament and of the Council (3).

(2)

Pursuant to Article 75(1), third subparagraph, of Regulation (EU) No 1306/2013 Member States may pay advances of up to 75 % for area-related and animal-related rural development support measures under Regulation (EU) No 1305/2013.

(3)

The Covid-19 pandemic, its impact on food supply chains, and the surge in the prices of energy and agricultural inputs since autumn 2021 have been putting the agricultural sector under pressure. In addition, the Russia’s invasion of Ukraine aggravated the situation and had a further negative impact on the agriculture sector. Input prices, such as energy, fertiliser and feed costs have increased significantly in all agricultural sectors.

(4)

As a result, the share of energy and fertilisers costs in total intermediate consumption had increased significantly in 2022, with the largest increase being observed for field crops and permanent crops farms, in both cases because of their exposure to fertiliser costs. Fertiliser prices are still at historically very high levels. Data suggests that farmers have reacted by reducing their use of fertilisers with, as of yet, uncertain negative consequences on yields and the quality of food and feed commodities.

(5)

The prices of other inputs for farmers and food chain operators in the Union such as for example plant protection products and animal health treatments, machinery and packaging have increased in line with the general inflation.

(6)

Recently, prices for most agricultural commodities such as cereals, oilseeds and dairy products have been falling significantly. In some Member States, the situation has become particularly difficult as the ratio between input prices and commodity prices has deteriorated.

(7)

These circumstances, in addition to recent adverse meteorological events in certain regions, such as extreme drought and floods, are liable to cause liquidity problems for agricultural producers. To tackle these liquidity problems, Member States should be allowed to pay increased advance payments in respect of claim year 2023 for area-related and animal-related rural development measures.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds and the Common Agriculture Policy Committee,

(1)

Commission Regulation (EU) 2023/915 (2) sets maximum levels for cadmium in a range of foodstuffs.

(2)

On 30 January 2009, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion on cadmium in food (3). The Authority concluded that cadmium is primarily toxic to the kidney, especially to the proximal tubular cells where it accumulates over time and may cause renal dysfunction. In view of the toxic effects of cadmium on kidneys, the Authority established a tolerable weekly intake for cadmium of 2,5 μg/kg body weight. The Authority further concluded that the mean exposure for adults across the Union is close to, or slightly exceeds, the tolerable weekly intake. It also concluded that subgroups such as vegetarians, children, smokers and people living in highly contaminated areas may exceed the tolerable weekly intake by about twofold. Therefore, the Authority concluded that the current exposure to cadmium at the population level needs to be reduced. Following that scientific opinion, the Authority issued, on 17 January 2012, a scientific report where it confirmed that children and adults at the 95th percentile exposure could exceed the health-based guidance values (4).

(3)

Taking into account the Authority’s scientific opinion and scientific report, new maximum levels for cadmium in baby foods and chocolate/cocoa products were established under Commission Regulation (EU) No 488/2014 (5). Commission Recommendation 2014/193/EU (6) was adopted, which called on Member States to ensure that the available mitigation methods were communicated and promoted to farmers and started or continued to be implemented, to regularly monitor the progress of the mitigation measures by collecting occurrence data on cadmium levels in foodstuffs and to report the data, in particular on cadmium levels close to or exceeding the maximum levels, by February 2018.

(4)

On the basis of the occurrence data, gathered after the implementation of the mitigation measures, by means of Commission Regulation (EU) 2021/1323 (7) the maximum levels for cadmium were lowered in a wide range of foods.

(5)

Since the publication of Regulation (EU) 2021/1323, new occurrence data have become available for tiger nuts and for some less consumed species of cultivated fungi.

(6)

The maximum level for cadmium in radishes, which by Regulation (EU) 2021/1323, was lowered from 0,10 to 0,020 mg/kg applies to tiger nuts. This maximum level was lowered on the basis of the at that time available occurrence data for the most consumed species within the commodity group of radishes (Raphanus sativus var. sativus). However, in the meanwhile more recent occurrence data have become available specifically for tiger nuts, which show that tiger nuts contain higher concentrations of cadmium than other radishes. Therefore, it has become clear that the maximum level established for cadmium in tiger nuts is not in line with the ‘As Low As Reasonably Achievable (ALARA)’ principle. Furthermore in view of the low consumption volume of tiger nuts, their contribution to the consumer exposure to cadmium is limited.

(7)

By Regulation (EU) 2021/1323 the maximum levels for cultivated fungi were lowered from 0,20 mg/kg for Agaricus bisporus, Lentinula edodes and Pleurotus ostreatus and 1,0 mg/kg for other cultivated fungi to 0,15 mg/kg for Lentinula edodes and Pleurotus ostreatus and 0,050 mg/kg for all other cultivated fungi, including Agaricus bisporus. The maximum level for cultivated fungi other than Lentinula edodes and Pleurotus ostreatus was lowered on the basis of the at that time available occurrence data for the most consumed species of this commodity group (Agaricus bisporus). However, in the meanwhile more recent occurrence data have become available for some specific species of cultivated fungi less consumed than Agaricus bisporus, Lentinula edodes and Pleurotus ostreatus, which show that these contain higher cadmium concentrations than Agaricus bisporus. Therefore, it has become clear that the maximum level established for cadmium in cultivated fungi other than Agaricus bisporus, Lentinula edodes and Pleurotus ostreatus is not in line with the ‘ALARA’ principle. Furthermore, as the species Agaricus bisporus, Lentinula edodes and Pleurotus ostreatus represent the main fraction of the total volume of fungi consumed in the Union, the contribution of the other cultivated fungi to the consumer exposure to cadmium is limited.

(8)

In order to take into account the ‘ALARA’ principle and avoid disproportionate non-compliance rates for tiger nuts and cultivated fungi other than Agaricus bisporus, Lentinula edodes and Pleurotus ostreatus, while maintaining a high level of food safety, the maximum levels for cadmium in those species should be increased.

(9)

Therefore, Regulation (EU) 2023/915 should be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Commission Implementing Regulation (EU) 2018/2019 (2) establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

(2)

Following a preliminary assessment, 34 genera and one species of plants for planting originating from third countries are provisionally listed in Implementing Regulation (EU) 2018/2019 as high risk plants. One of the listed genera is Malus Mill.

(3)

Commission Implementing Regulation (EU) 2020/1213 (3) sets out the phytosanitary measures for the introduction into the Union territory of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019, but for which phytosanitary risks are not yet fully assessed. This is because one or more pests hosted by those plants are not yet included in the list of Union quarantine pests of Commission Implementing Regulation (EU) 2019/2072 (4), but they may fulfil the conditions to be included following a further complete risk assessment.

(4)

On 4 March 2022, the United Kingdom (5) submitted to the Commission a request for export to the Union the following: up to seven-year-old bare rooted plants for planting of Malus sylvestris with a maximum diameter of 40 mm at the base of the stem; and up to seven-year-old plants for planting of Malus sylvestris in growing medium, with a maximum diameter of 40 mm at the base of the stem (‘the relevant plants’). That request was supported by the relevant technical dossier.

(5)

On 24 May 2023, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion as regards the risk assessment of the relevant plants originating in the United Kingdom (6). The Authority identified Colletotrichum aenigma, Meloidogyne mali, Eulecanium excrescens, Takahashia japonica, Tobacco ringspot virus, Tomato ringspot virus and Erwinia amylovora as pests relevant for these plants.

(6)

The Authority evaluated the risk mitigation measures described in the dossier for Colletotrichum aenigma, Meloidogyne mali, Eulecanium excrescens, Takahashia japonica, Tobacco ringspot virus and Tomato ringspot virus and estimated the likelihood of the freedom of the relevant plants from those pests. It concluded that the likelihood that the relevant plants are free from those pests is high. Concerning Erwinia amylovora, the Authority evaluated whether the special requirements for the introduction into, and movement within the specified protected zones, listed in point 9 of Annex X to Implementing Regulation (EU) 2019/2072, of plants of Malus Mill., other than fruits and seeds, are fulfilled. It concluded that the United Kingdom fulfils those special requirements.

(7)

Based on that opinion, the phytosanitary risk from the introduction into the Union territory of the relevant plants is considered to be reduced to an acceptable level, provided that appropriate measures are applied to address the risk of pests related to those plants.

(8)

The measures described by the United Kingdom in the technical dossier are considered sufficient to reduce the risk from the introduction into the Union territory of the relevant plants to an acceptable level. Those measures should therefore be adopted as phytosanitary import requirements to ensure the phytosanitary protection of the Union territory from introduction of the relevant plants into it.

(9)

Consequently, the relevant plants should no longer be considered high risk plants.

(10)

Implementing Regulation (EU) 2018/2019 should therefore be amended accordingly.

(11)

Erwinia amylovora is listed as a protected zone quarantine pest, for certain protected zones, and as a Union regulated non-quarantine pest for the rest of the Union territory, in Annexes III and IV to Implementing Regulation (EU) 2019/2072 respectively. Special requirements are in place in point 9 of Annex X to that Regulation, to prevent the entry and spread of the pest within the specified protected zones. Tobacco ringspot virus and Tomato ringspot virus are listed as Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072.

(12)

Colletotrichum aenigma, Eulecanium excrescens, and Takahashia japonica are not yet included in the list of Union quarantine pests of Implementing Regulation (EU) 2019/2072. A complete risk assessment on those pests needs to become available, to determine whether the pests fulfil the conditions to be listed in Annex II to Implementing Regulation (EU) 2019/2072, and whether the relevant plants, originating in the United Kingdom, are to be listed in Annex VII to that Regulation, together with the respective measures.

(13)

Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly.

(14)

Meloidogyne mali is not included in the list of Union quarantine pests. A pest risk analysis for that pest was published by the European and Mediterranean Plant Protection Organization (EPPO) in September 2017 (7). Based on discussions with the Member States, it was concluded that the pest should not be regulated as a Union quarantine pest nor as a Union regulated non-quarantine pest, because although it has been present in certain Member States for a long time without official control measures, its phytosanitary risk in those Member States is considered low. For that reason, no import requirements are necessary with respect to that pest.

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

(1)

Pursuant to Article 8(1) of Decision (CFSP) 2019/2110, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA), including the decision to appoint a Head of Mission.

(2)

On 25 August 2022, the PSC adopted Decision (CFSP) 2022/1436, (2) appointing Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2022 to 31 August 2023.

(3)

On 28 July 2022, the Council adopted Decision (CFSP) 2022/1333 (3) amending Decision (CFSP) 2019/2110 and extending the mandate of EUAM RCA until 9 August 2024.

(4)

The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr José Manuel MARQUES DIAS as Head of Mission of EUAM RCA from 1 September 2023 to 9 August 2024,

(1)

Pursuant to Article 9(3) of Decision (CFSP) 2023/162, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the acceptance of proposed contributions to EUMA by third States.

(2)

Following the recommendation of the Civilian Operations Commander on Canada’s proposed contribution to EUMA, the contribution from Canada should be accepted and considered to be significant,

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

On 24 February 2023, the Council adopted Decision (CFSP) 2023/422 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (the ‘list’).

(3)

In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them thereon.

(4)

This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(5)

The Council has verified that competent authorities, as referred to in Article 1(4) of Common Position 2001/931/CFSP, have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Common Position 2001/931/CFSP.

(6)

The list should be updated accordingly, and Decision (CFSP) 2023/422 should be repealed,

(1)

On 21 June 2021, the Council adopted Decision (CFSP) 2021/1026 (1).

(2)

On 18 May 2023, the Organisation for the Prohibition of Chemical Weapons, which is responsible for the technical implementation of the activities referred to in Article 1 of Decision (CFSP) 2021/1026, requested an extension of 12 months, until 30 August 2024, for the implementation of that Decision.

(3)

The ongoing implementation of Decision (CFSP) 2021/1026 does not have any additional financial implications for the period until 30 August 2024.

(4)

Decision (CFSP) 2021/1026 should therefore be amended accordingly,

(1)

On 11 March 2002, the Council agreed to appoint a European Union Special Representative (EUSR) in Bosnia and Herzegovina.

(2)

On 8 August 2019, the Council adopted Decision (CFSP) 2019/1340 (1) appointing Mr Johann SATTLER as the EUSR in Bosnia and Herzegovina. The EUSR’s mandate has been successively extended, most recently by Council Decision (CFSP) 2021/1193 (2), and is to expire on 31 August 2023.

(3)

The EUSR’s mandate should be extended for a further period of 12 months and a new financial reference amount for the period from 1 September 2023 to 31 August 2024 should be established.

(4)

The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

(1)

On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).

(2)

In its Conclusions, adopted on 29-30 June 2023, the European Council reiterated its condemnation of the Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the UN Charter, and recalled the Union’s unwavering support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognized borders and its inherent right of self-defence against the Russian aggression. The European Council also strongly condemned the deliberate destruction of the dam at the Kakhovka hydroelectric power plant, as well as Russia’s unlawful deportation and transfer to Russia and to Belarus of Ukrainian children and other civilians.

(3)

As long as the illegal actions by the Russian Federation continue to violate the prohibition on the use of force, which is a peremptory rule of international law, it is appropriate to maintain in force all the measures imposed by the Union and to take additional measures, if necessary. Consequently, Decision 2014/512/CFSP should be renewed for a further six months.

(4)

Decision 2014/512/CFSP should therefore be amended accordingly,

(1)

Council Decision (CFSP) 2021/509 (1) establishes the European Peace Facility (EPF) for the financing by Member States of Union actions under the Common Foreign and Security Policy (CFSP) to preserve peace, prevent conflicts and strengthen international security pursuant to Article 21(2), point (c), of the Treaty. In particular, pursuant to Article 1(2) of Decision (CFSP) 2021/509, the EPF is to be used for the financing of assistance measures such as actions to strengthen the capacities of third states and regional and international organisations relating to military and defence matters.

(2)

The current crisis in the eastern provinces of the Democratic Republic of the Congo demonstrates the tragic human cost that will continue to be paid if lasting and comprehensive peace is not achieved. Continued instability has resulted in one of the world’s worst and longest lasting humanitarian crises and left the region at risk of becoming a stronghold for terrorism and transnational criminal networks.

(3)

Ensuring long-term peace, security and stability and respect for human rights in the eastern provinces of the Democratic Republic of the Congo and in the region more generally, in line with an integrated approach, is a key priority for the Union. The Union is aware of the importance of the general elections called for December 2023.

(4)

On 13 February 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request from the Democratic Republic of the Congo for the Union to assist the Armed Forces of the Democratic Republic of the Congo with the procurement of key equipment and the construction of basic infrastructure under the EPF.

(5)

Assistance measures are to be implemented taking into account the principles and requirements set out in Decision (CFSP) 2021/509, in particular compliance with Council Common Position 2008/944/CFSP (2), and in accordance with the rules for the implementation of revenue and expenditure financed under the EPF.

(6)

The implementation will also be subject to the regular assessment of political developments in the Democratic Republic of the Congo, in accordance with the integrated methodological framework for assessing and identifying the required mitigating measures and controls for assistance measures under the EPF.

(7)

The Council reaffirms its determination to protect, promote and vindicate human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance, in compliance with the United Nations Charter, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law,

(1)

On 30 July 2021, the Council adopted Decision (CFSP) 2021/1277 (1), which concerns restrictive measures in view of the situation in Lebanon.

(2)

Decision (CFSP) 2021/1277 applies until 31 July 2023. On the basis of a review of that Decision, the restrictive measures set out therein should be renewed until 31 July 2024.

(3)

Decision (CFSP) 2021/1277 should therefore be amended accordingly,

(1)

Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and may have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. HPAI viruses can infect migratory birds, which can then spread these viruses over long distances during their autumn and spring migrations. Therefore, the presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into establishments where poultry or captive birds are kept. In the event of an outbreak of HPAI, there is a risk that the disease agent may spread to other establishments where poultry or captive birds are kept.

(2)

Regulation (EU) 2016/429 establishes a new legislative framework for the prevention and control of diseases that are transmissible to animals or humans. HPAI falls within the definition of a listed disease in that Regulation, and it is subject to the disease prevention and control rules laid down therein. In addition, Commission Delegated Regulation (EU) 2020/687 (2) supplements Regulation (EU) 2016/429 as regards the rules for the prevention and control of certain listed diseases, including disease control measures for HPAI.

(3)

Commission Implementing Decision (EU) 2021/641 (3) was adopted within the framework of Regulation (EU) 2016/429 and it lays down emergency measures at Union level in relation to outbreaks of HPAI.

(4)

More particularly, Implementing Decision (EU) 2021/641 provides that the protection, surveillance and further restricted zones established by the Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision.

(5)

The Annex to Implementing Decision (EU) 2021/641 was recently amended by Commission Implementing Decision (EU) 2023/1337 (4) following outbreaks of HPAI in poultry or captive birds in France that needed to be reflected in that Annex.

(6)

Since the date of adoption of Implementing Decision (EU) 2023/1337, Denmark, Germany, France, Italy, Poland and Sweden have notified the Commission of outbreaks of HPAI in establishments where poultry or captive birds were kept, located in Nyborg Municipality in Denmark, in Schleswig-Holstein Land in Germany, in Pas-de-Calais, Landes and La Réunion departments in France, in Lombardia Region in Italy, in Małopolskie voivodeship in Poland and in Gotland municipality in Sweden.

(7)

The competent authorities of Denmark, Germany, France, Italy, Poland and Sweden have taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around the outbreaks.

(8)

In addition, the outbreak confirmed in Germany is located in close proximity to the border with Denmark. Accordingly, the competent authorities of Germany and Denmark have duly collaborated with regard to the establishment of the necessary surveillance zone in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of Denmark.

(9)

The Commission has examined the disease control measures taken by Denmark, Germany, France, Italy, Poland and Sweden in collaboration with those Member States, and it is satisfied that the boundaries of the protection and surveillances zones established by the competent authorities of those Member States are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(10)

In the Annex to Implementing Decision (EU) 2021/641, there are currently no areas listed as protection zones for Germany and Poland, and no areas listed as protection and surveillance zones for Denmark, Italy and Sweden.

(11)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Denmark, Germany, France, Italy, Poland and Sweden, the protection and surveillance zones duly established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

(12)

Therefore, the areas listed as protection and surveillance zones for France and the areas listed as surveillance zone for Germany and Poland in the Annex to Implementing Decision (EU) 2021/641 should be amended.

(13)

In addition, protection zones should be listed for Germany and Poland, and protection and surveillance zones should be listed for Denmark, Italy and Sweden in the Annex to Implementing Decision (EU) 2021/641.

(14)

Accordingly, the Annex to Implementing Decision (EU) 2021/641 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Denmark, Germany, France, Italy, Poland and Sweden and of the surveillance zone duly established by Denmark, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

(15)

Implementing Decision (EU) 2021/641 should therefore be amended accordingly.

(16)

Given the urgency of the epidemiological situation in the Union as regards the spread of HPAI, it is important that the amendments to be made to Implementing Decision (EU) 2021/641 by this Decision take effect as soon as possible.

(17)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Infection with lumpy skin disease (LSD) virus, caused by lumpy skin disease virus (LSDV), is a vector-borne disease of bovine animals that causes substantial economic losses, reduces milk yield, causes severe emaciation, permanent damage to hides, several secondary complications, months-long chronic debility, and incurs trade bans. The disease is endemic in Africa and is included in the World Organisation for Animal Health list of notifiable diseases.

(2)

LSD occurred in the Union for the first time in 2015 in Greece. In 2016, the disease quickly spread in many countries of South East Europe including Albania, Bulgaria, Greece, Kosovo (*1), North Macedonia, Montenegro and Serbia. In all affected countries the disease was placed effectively under control through mass vaccination of bovine animals, with live homologous vaccines, repeated on an annual basis, in accordance with vaccines’ specifications. In addition, Croatia and Bosnia and Herzegovina, that were not affected by LSD, implemented vaccination as a preventive measure, in view of disease occurrence in neighbouring countries.

(3)

Commission Implementing Regulation (EU) 2021/1070 (2) was adopted within the framework of Regulation (EU) 2016/429, and it lays down special control measures against LSD for a limited period of time. That Implementing Regulation applied until 21 April 2023.

(4)

More particularly, Implementing Regulation (EU) 2021/1070, defines the zones of a Member State, where vaccination against LSD is carried out, and the special disease control rules within each zone. These zones are classified as restricted zone I, located outside an area where an outbreak of infection with LSDV has been confirmed, and restricted zone II, which includes an area where an outbreak of infection with LSDV has been confirmed.

(5)

Furthermore, Implementing Regulation (EU) 2021/1070, provided for restrictions regarding the movements of bovine animals and products thereof, germinal products, and animal by-products from restricted zone I and II, and derogations in relation to these restrictions. In addition, it provided rules for the operators’ obligations with regard to animal health certificates for movements of bovine animals, germinal products and unprocessed animal by-products thereof, from restricted zones I and II, outside these zones.

(6)

Commission Delegated Regulation (EU) 2023/361 (3), entered into force on 12 March 2023, and it lays down rules for the use of certain veterinary medicinal products for the purpose of prevention and control of certain listed diseases, including rules for vaccination against LSD. In addition, Article 9 of that Delegated Regulation and Annex IX thereto provide for the establishment of vaccination zones I and II that correspond to the restricted zones I and II of Implementing Regulation (EU) 2021/1070.

(7)

In addition, Delegated Regulation (EU) 2023/361 lays down rules and restrictions in relation to bovine animals vaccinated for LSD, their germinal products and unprocessed animal by-products thereof that correspond to the rules and restrictions laid down in Implementing Regulation (EU) 2021/1070, except for those related to the operators’ obligations with regard to animal health certificates.

(8)

Delegated Regulation (EU) 2023/361 also provides for recovery periods for LSD, following emergency protective vaccination, that range between 8 and 26 months, depending on the type of surveillance, the vaccination zone, and the time of the slaughter or killing of the last LSD case and/or the time of the last vaccination.

(9)

Since 2017, no LSD outbreaks have been reported in Europe although LSD was recorded until 2021 in parts of Anatolia, Türkiye and remains present in Russia while it continues to spread in Asia, affecting countries of the Indian subcontinent, East Asia and South East Asia. In view of the favourable epidemiological situation in Europe, all countries in South East Europe that implemented vaccination against LSD have now ceased, except for Bulgaria, Greece and Türkiye.

(10)

Bulgaria and Greece have already submitted their 2023 LSD vaccination programmes to the Commission, and these have already been evaluated and approved, in the framework of Regulation (EU) 2021/690 of the European Parliament and of the Council (4). The nature and content of the technical evaluation and approval of those vaccination programmes also fulfil the requirements of the official vaccination plan for the prevention and control of category A diseases in terrestrial animals laid down in Article 6 of Delegated Regulation (EU) 2023/361.

(11)

In view of the expiry of Implementing Regulation (EU) 2021/1070, it is essential to list the areas defined as vaccination zones I and II in relation to LSD, in Bulgaria and Greece, that correspond to the restricted zones I and II of Implementing Regulation (EU) 2021/1070, and to lay down additional rules regarding the operators’ obligations with regard to animal health certificates for movements of bovine animals, as well as those for germinal products and unprocessed animal by-products thereof, from vaccination zones I and II, outside these zones, to ensure that these animal health certificates provide adequate and accurate health information and there is a continuity with the measures previously in place.

(12)

Taking into account the LSD vaccination plans of Bulgaria and Greece for 2023, the epidemiological situation as regards that disease in the Union, and the recovery period for LSD, as laid down in Delegated Regulation (EU) 2023/361, this Decision should apply until 31 August 2024,

(13)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

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to adopt opinions, reports and resolutions;

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to adopt the draft estimates of expenditure and revenue of the Committee;

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to adopt the political priorities of the Committee;

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to elect the President, the first Vice-President and the remaining members of the Bureau;

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to set up commissions;

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to adopt and revise the Rules of Procedure of the Committee;

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to adopt and revise codes of conduct for members;

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having verified that there is a quorum under the first sentence of Rule 22(1) of the Rules of Procedure, to take a decision, by a majority of the votes cast, on a proposal by the President of the Committee, or the competent commission acting in accordance with Rules 57 and 58, to bring an action or an application to intervene before the Court of Justice of the European Union. When such a decision is adopted, the action shall be brought by the President on behalf of the Committee.

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This provision shall not apply in cases where a deadline set by the Council, the Commission or the European Parliament makes it impossible to defer the adoption of a document for decision.

A document for decision deferred to a future session of the Plenary Assembly shall be accompanied by all the related duly tabled amendments. An adjournment of the vote also opens a new deadline for tabling amendments.

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