(fra kommisjonsbeslutningen)

(1) Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and can have a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and exports to third countries. 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, particularly during the autumn and spring migrations of migratory birds when these birds can spread these viruses over long distances. In the event of an outbreak of HPAI in establishments where poultry or captive birds are kept, there is a risk that the disease agent may spread to other such establishments.

(2) Regulation (EU) 2016/429 establishes the 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 HPAI. In particular, Article 21 of that Delegated Regulation provides that in the event of an outbreak of a category A disease in an establishment, the competent authority is to immediately establish a restricted zone comprising a protection zone, a surveillance zone, and if necessary, further restricted zones.

(3) Commission Implementing Decision (EU) 2023/2447 (3) was adopted on the basis of Regulation (EU) 2016/429, and it lays down emergency measures at Union level in relation to outbreaks of HPAI.

(4) In particular, Articles 2, 3, and 4 of Implementing Decision (EU) 2023/2447 provide that following outbreaks of HPAI, the protection, surveillance, and further restricted zones to be established in accordance with Delegated Regulation (EU) 2020/687 must comprise at least the areas listed as protection, surveillance, and further restricted zones in the Annex to that Implementing Decision, and the measures to be applied in those zones, in accordance with that Delegated Regulation, must be maintained until at least the dates set out in that Annex.

(5) The Annex to Implementing Decision (EU) 2023/2447 was last amended by Commission Implementing Decision (EU) 2026/1958 (4), following an outbreak of HPAI in Sweden in an establishment where poultry were kept.

(6) Since the date of adoption of Implementing Decision (EU) 2026/1958, Bulgaria and France have notified the Commission of outbreaks of HPAI in those Member States in establishments where poultry were kept. In particular, these notifications concerned one outbreak in the Plovdiv region in Bulgaria, and one outbreak in the Maine-et-Loire Department in France.

(7) Following those recent outbreaks, Bulgaria and France have taken the disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around the outbreaks.

(8) The Commission has examined the disease control measures taken by Bulgaria and France and is satisfied that the boundaries of the protection and surveillances zones established following those recent outbreaks of HPAI in those Member States are at a sufficient distance from the establishments where the outbreaks have been confirmed.

(9) In order to prevent any unnecessary disturbance to trade within the Union and to avoid any unjustified disruptions to trade being imposed by third countries, it is necessary to rapidly lay down at Union level, in collaboration with Bulgaria and France, the protection and surveillance zones established by those Member States, in accordance with Delegated Regulation (EU) 2020/687.

(10) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Bulgaria and France. Therefore, the areas concerned by the recent outbreaks of HPAI should now be listed as protection and surveillance zones in Bulgaria and France, to take account of the boundaries of those zones established by those Member States, as well as the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(11) Implementing Decision (EU) 2023/2447 applies until 30 September 2026. However, the duration of the measures applicable in the surveillance zones established by Bulgaria and France in accordance with Delegated Regulation (EU) 2020/687 extend beyond 30 September 2026.

(12) The epidemiology of HPAI in wild birds has changed during recent years, and HPAI viruses are now found in more and more species of wild birds, increasing the risk of the spread of those viruses at the interface of wild birds with poultry or captive birds. In addition, unlike in the past, HPAI viruses are now found in wild birds in certain parts of the Union throughout the year, and not just during the migration seasons for migratory birds. Consequently, outbreaks of HPAI have been confirmed by certain Member States in kept birds including during the summer months after the end of spring migration season and before the start of the next autumn migration season.

(13) It is therefore appropriate to remove the period of application of Implementing Decision (EU) 2023/2447, taking into account the current developments in the epidemiological situation in the Union as regards HPAI in wild birds and the corresponding persistent risks to animal health resulting from possible further outbreaks of that disease.

(14) Implementing Decision (EU) 2023/2447 should, therefore, be amended accordingly.

(15) 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) 2023/2447 by this Decision take effect as soon as possible.

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