Delegated regulation 2020/691 - Supplement to Regulation 2016/429 of Council as regards rules for aquaculture establishments and transporters of aquatic animals - Main contents
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official title
Commission Delegated Regulation (EU) 2020/691 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of Council as regards rules for aquaculture establishments and transporters of aquatic animals| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2020/691 |
| CELEX number i | 32020R0691 |
| Document | 30-01-2020; Date of adoption |
|---|---|
| Publication in Official Journal | 03-06-2020; OJ L 174 p. 345-378 |
| Effect | 23-06-2020; Entry into force Date pub. +20 See Art 38 21-04-2021; Application See Art 38 |
| End of validity | 31-12-9999 |
3.6.2020 |
EN |
Official Journal of the European Union |
L 174/345 |
COMMISSION DELEGATED REGULATION (EU) 2020/691
of 30 January 2020
supplementing Regulation (EU) 2016/429 of the European Parliament and of Council as regards rules for aquaculture establishments and transporters of aquatic animals
(Text with EEA relevance)
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’) (1), and in particular Articles 176(4), 181(2), 185(5), 189(1) and 279(2) thereof,
Whereas:
(1) |
Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases which are transmissible to animals or humans, including, inter alia, rules for aquaculture establishments, and for transporters of aquatic animals. Regulation (EU) 2016/429 also provides for the Commission to adopt delegated acts in order to supplement certain non-essential elements of that Regulation. It is therefore necessary to lay down supplementing rules in order to ensure the smooth functioning of the system established within the new legislative framework of Regulation (EU) 2016/429. |
(2) |
More particularly, the rules laid down in this Regulation should supplement those already laid down in Chapter 1 of Title II of Part IV of Regulation (EU) 2016/429, as regards the approval of aquaculture establishments keeping aquaculture animals posing a significant animal health risk, the registers of aquaculture establishments to be kept by competent authorities, and the record-keeping obligations of operators of aquaculture establishments and transporters of aquatic animals. |
(3) |
In addition, this Regulation takes into account the repeal of Council Directive 2006/88/EC (2) by Regulation (EU) 2016/429 with effect from 21 April 2021. Regulation (EU) 2016/429 provides that establishments and operators registered or approved in accordance with that Directive, before the date of application of Regulation (EU) 2016/429, are to be deemed to be registered or approved, as required, in accordance with that Regulation, and subject to the relevant obligations laid down therein. |
(4) |
Accordingly, the rules laid down in this Regulation should supplement the rules laid down in Part IX of Regulation (EU) 2016/429, as regards the necessary transitional measures to protect the acquired rights and legitimate expectations of stakeholders resulting from pre-existing Union acts with regard to aquaculture establishments. |
(5) |
As the rules laid down in this Regulation all relate to aquaculture establishments and transporters of aquatic animals and are to be applied in tandem, they should be set out in a single act rather than in separate acts with numerous cross-references, in order to facilitate their application, in the interests of transparency, and to avoid a duplication of rules. This is also in keeping with the approach adopted by Regulation (EU) 2016/429. |
(6) |
Article 176(1) of Regulation (EU) 2016/429 provides that operators of aquaculture establishments are to apply to the competent authority for approval where they keep aquaculture animals with a view to those animals being moved therefrom, either alive or as products of aquaculture animal origin. As a wide variety of aquaculture establishments fall within that category, Article 176(2) of Regulation (EU) 2016/429 provides that Member States may exempt operators of specific types of aquaculture establishments from the requirement for approval provided that such aquaculture establishments do not pose a significant disease risk. In addition, Article 176(4) of that Regulation provides that the Commission may... |
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