(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 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 respective 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) 2025/2000 (4), following outbreaks of HPAI in Spain, Poland and Portugal 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) 2025/2000, Bulgaria, Denmark, Germany, Italy, the Netherlands, Poland, and Spain have notified the Commission of 15 new outbreaks of HPAI in those Member States in establishments where poultry were kept. In particular, the notifications concerned one outbreak in the Haskovo region in Bulgaria, one outbreak in the municipality of Fredericia in Denmark, one outbreak in the state of Nordrhein-Westfalen, and two outbreaks in the state of Thüringen in Germany, one outbreak in the province of Udine in Italy, one outbreak in the province of Drenthe in the Netherlands, two outbreaks in the Warmińsko-Mazurskie voivodeship and two outbreaks in the Wielkopolskie voivodeship in Poland, and three outbreaks in the province of Valladolid and one outbreak in the province of Madrid in Spain.

(7) Following those 15 new outbreaks, Bulgaria, Denmark, Germany, Italy, the Netherlands, Poland and Spain 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, Denmark, Germany, Italy, the Netherlands, Poland and Spain 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.

(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, Denmark, Germany, Italy, the Netherlands, Poland, and Spain the protection and surveillance zones established by those Member States, in accordance with Delegated Regulation (EU) 2020/687.

(10) Therefore, the areas listed as protection and surveillance zones for Germany, Poland and Spain 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 11 new HPAI outbreaks in those Member States, as well as the required duration of the measures required to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(11) There are currently no areas listed as protection and surveillance zones for Bulgaria, Denmark, Italy and the Netherlands in the Annex to Implementing Decision (EU) 2023/2447. Therefore, the areas concerned should now be listed as protection and surveillance zones for Bulgaria, Denmark, Italy and the Netherlands in that Annex, to take account of the boundaries of the protection and surveillance zones established by those Member States, 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.

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

(13) 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.

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