(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. 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 holdings 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 holdings where poultry or captive birds are kept.

(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 around or adjacent to the protection and surveillance 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, Article 2, point (a), Article 3, point (a), and Article 4, point (a) of Implementing Decision (EU) 2023/2447 provide, respectively, that following outbreaks of HPAI, the protection, surveillance, and further restricted zones to be established in accordance with Delegated Regulation (EU) 2020/687, by the competent authorities of the Member States listed in the Annex thereto, must comprise at least the areas listed as protection, surveillance, and further restricted zones in that Annex. Article 2, point (b), Article 3, point (b), and Article 4, point (b) of Implementing Decision (EU) 2023/2447 also provide that the measures to be applied in those protection, surveillance, and further restricted zones, in accordance with that Delegated Regulation, must be maintained until at least the dates set out in the Annex to that Implementing Decision.

(5) The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2025/2366 (4) following outbreaks of HPAI in Bulgaria, Czechia, Denmark, Germany, Spain, France, Ireland, Italy, Latvia, the Netherlands, Austria, Poland, Portugal, Sweden, and the United Kingdom in respect of Northern Ireland in establishments where poultry or captive birds were kept, which needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2025/2366, Austria, Belgium, Czechia, Denmark, France, Germany, Ireland, Italy, Latvia, the Netherlands, Poland, and Portugal have notified the Commission of new outbreaks of HPAI in those Member States in establishments where poultry or captive birds were kept. In particular, the notifications concerned one outbreak in captive birds in the state of Burgenland, and one outbreak in poultry in the state of Oberösterreich in Austria, six outbreaks in poultry in the provinces of Limburg and Namur in Belgium, two outbreaks in captive birds in the Jihočeský and Pardubický regions and six outbreaks in poultry in the Jihočeský and Středočeský regions in Czechia, two outbreaks in poultry in the Central region in Denmark, one outbreak in captive birds in the department of Seine-Maritime, and 42 outbreaks in poultry in the departments of Ain, Côte-d'Or, Deux-Sèvres, Dordogne, Haute-Vienne, Loire, Loire-Atlantique, Maine-et-Loire, and Vendée in France, 32 outbreaks in poultry in the states of Brandenburg, Hessen, Mecklenburg-Vorpommern, Niedersachsen, Nordrhein-Westfalen, and Schleswig-Holstein in Germany, one outbreak in poultry in the county of Laoighis in Ireland, four outbreaks in poultry in the Lombardia and Piemonte regions in Italy, one outbreak in captive birds in the region of Kurzeme in Latvia, one outbreak in captive birds in the province of Zeeland and 11 outbreaks in poultry in the provinces of Flevoland, Friesland, Gelderland, Groningen, Limburg, Noord-Holland, Overijssel, and Zuid-Holland in the Netherlands, one outbreak in captive birds in the Śląskie voivodeship in Poland and two outbreaks in poultry in the Kujawsko-Pomorskie and Opolskie voivodeships in Poland, and two outbreaks in captive birds in the districts of Lisboa and Santarém and three outbreaks in poultry in the districts of Lisboa and Porto in Portugal.

(7) In addition, the United Kingdom in respect of Northern Ireland has notified the Commission of a further outbreak of HPAI in an establishment where poultry were kept, located in the county of Down in Northern Ireland.

(8) Following those 120 new outbreaks, Austria, Belgium, Czechia, Denmark, France, Germany, Ireland, Italy, Latvia, the Netherlands, Poland, Portugal, and the United Kingdom in respect of Northern Ireland, 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.

(9) Additionally, the outbreak of HPAI in captive birds in the state of Burgenland in Austria is located in close proximity to the border with Hungary. As the surveillance zone for that outbreak in Austria extends into the territory of Hungary, the competent authority of Austria has duly collaborated with the competent authority of Hungary to establish the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(10) Furthermore, three outbreaks of HPAI in poultry in the province of Limburg in Belgium are located in close proximity to the border with the Netherlands. As the protection and surveillance zones for those outbreaks in Belgium extend into the territory of the Netherlands, and the surveillance zone for one of these outbreaks in Belgium extends also into the territory of Germany, the competent authority of Belgium has duly collaborated with the competent authorities of the Netherlands and Germany to establish the necessary protection and surveillance zones, in accordance with Delegated Regulation (EU) 2020/687.

(11) In addition, the outbreak of HPAI in captive birds in the department of Bas-Rhin in France is located in close proximity to the border with Germany. As the surveillance zone for that outbreak in France extends into the territory of Germany, the competent authority of France has duly collaborated with the competent authority of the Germany to establish the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(12) Moreover, three outbreaks of HPAI in poultry in the state of Nordrhein-Westfalen in Germany are located in close proximity to the border with the Netherlands. As the surveillance zones for those outbreaks in Germany extend into the territory of the Netherlands, the competent authority of Germany has duly collaborated with the competent authority of the Netherlands to establish the necessary surveillance zones, in accordance with Delegated Regulation (EU) 2020/687.

(13) In addition, the outbreak of HPAI in captive birds in the province of Zeeland in the Netherlands is located in close proximity to the border with Belgium. As the surveillance zone for that outbreak in the Netherlands extends into the territory of Belgium, the competent authority of the Netherlands has duly collaborated with the competent authority of Belgium to establish the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(14) Furthermore, the competent authority of France has decided to establish a further restricted zone around or adjacent to the protection and surveillance zones that were established following outbreaks in the departments of Maine-et-Loire, Deux-Sèvres, Loire-Atlantique, and Vendée, which is at increased risk for the spread of HPAI.

(15) The Commission has examined the disease control measures taken by Austria, Belgium, Czechia, Denmark, France, Germany, Hungary, Ireland, Italy, Latvia, the Netherlands, Poland, Portugal, and the United Kingdom in respect of Northern Ireland, and it is satisfied that the boundaries of the protection and surveillances zones established by Austria, Belgium, Czechia, Denmark, France, Germany, Ireland, Italy, Latvia, the Netherlands, Poland, Portugal, and the United Kingdom in respect of Northern Ireland, as well as the boundaries of the surveillances zone established by Hungary, and the boundaries of the further restricted zone established by France, are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(16) 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 Austria, Belgium, Czechia, Denmark, France, Germany, Ireland, Italy, Latvia, the Netherlands, Poland, Portugal, and the United Kingdom in respect of Northern Ireland, the protection and surveillance zones established by those Member States, and the United Kingdom in respect of Northern Ireland, as well as the surveillances zone established by Hungary, and the further restricted zone established by France, in accordance with Delegated Regulation (EU) 2020/687.

(17) Therefore, the areas listed as protection and surveillance zones for Belgium, Czechia, Denmark, France, Germany, Ireland, Italy, the Netherlands, Poland, Portugal, and the United Kingdom in respect of Northern Ireland, and the areas listed as surveillances zones for Hungary, in the Annex to Implementing Decision (EU) 2023/2447 should be amended, to take account of the boundaries of the protection and surveillance zones established by those Member States and the United Kingdom in respect of Northern Ireland, following the new HPAI outbreaks on their respective territories, as well as the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(18) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Austria and Latvia, and no areas listed as further restricted zones for France. Therefore, the areas concerned should now be listed as protection and surveillance zones for Austria and Latvia, and as further restricted zone established by France in that Annex, to take account of the boundaries of the protection and surveillance zones established by Austria and Latvia and of the boundaries of the further restricted zone established by France, following the recent HPAI outbreaks on their respective territories, as well as the duration of the measures required to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(19) The Annex to Implementing Decision (EU) 2023/2447 should, therefore, be amended accordingly.

(20) 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.

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