(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) 2026/228 (4) following outbreaks of HPAI in Belgium, Czechia, Germany, France, Italy, the Netherlands, and Poland 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) 2026/228, Belgium, Germany, France, Italy, Hungary, the Netherlands, and Poland 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 poultry in the West-Vlaanderen region in Belgium, eight outbreaks in poultry in the states of Bayern, Brandenburg, Hessen, Niedersachsen, Nordrhein-Westfalen, and Sachsen-Anhalt in Germany, one outbreak in poultry in the department of Vendée in France, two outbreaks in poultry in the Lombardia and Veneto regions in Italy, two outbreaks in poultry in the county of Békés in Hungary, two outbreaks in captive birds in the provinces of Limburg and Zuid-Holland, and two outbreaks in poultry in the provinces of Gelderland and Overijssel in the Netherlands, and one outbreak in captive birds in the Zachodniopomorskie voivodeship, and three outbreaks in poultry in the Wielkopolskie voivodeship in Poland.

(7) Following those 22 new outbreaks, Belgium, Germany, France, Italy, Hungary, the Netherlands, and Poland 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) In addition, the outbreak of HPAI in poultry in the state of Bayern, the outbreak of HPAI in poultry in the state of Brandenburg, and two of the outbreaks of HPAI in poultry in the state of Nordrhein-Westfalen, in Germany are located in close proximity to the borders with Czechia, Poland, and the Netherlands, respectively. As the surveillance zones for those outbreaks in Germany extend into the territories of Czechia, Poland and the Netherlands, and the protection zones for the two outbreaks in the state of Nordrhein-Westfalen extend into the territory of the Netherlands, the competent authorities of Czechia, Poland and the Netherlands have duly collaborated with the competent authority of Germany to establish the necessary protection and surveillance zones, in accordance with Delegated Regulation (EU) 2020/687.

(9) Furthermore, the outbreak of HPAI in captive birds in the province of Limburg in the Netherlands is located in close proximity to the border with Germany. As the surveillance zone for this outbreak in the Netherlands extends into the territory of Germany, the competent authority of Germany has duly collaborated with the competent authority of the Netherlands to establish the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(10) The Commission has examined the disease control measures taken by Belgium, Czechia, Germany, France, Italy, Hungary, the Netherlands, and Poland and it is satisfied that the boundaries of the protection and surveillances zones established by those Member States are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(11) 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 Belgium, Germany, France, Italy, Hungary, the Netherlands, and Poland the protection and surveillance zones established by those Member States, and the surveillance zone established by Czechia, in accordance with Delegated Regulation (EU) 2020/687.

(12) Therefore, the areas listed as protection and surveillance zones for Belgium, Germany, France, Italy, Hungary, the Netherlands, and Poland, and the areas listed as surveillance zones established by Czechia 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, following the new HPAI outbreaks therein, as well as the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

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

(14) 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.

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