(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 establishments where poultry or captive birds are kept. 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 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 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 last amended by Commission Implementing Decision (EU) 2026/1091 (4) following outbreaks of HPAI in Bulgaria and Poland in establishments where poultry were kept.

(6) Since the date of adoption of Implementing Decision (EU) 2026/1091, France, 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, these notifications concerned one outbreak in the Haute-Garonne department in France, one outbreak in Flevoland province in the Netherlands and 16 outbreaks in the Kujawsko-Pomorskie, Łódzkie, Lubelskie, Mazowieckie, Warmińsko-Mazurskie and Wielkopolskie voivodeships.

(7) Following those outbreaks, France, 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 competent authority of Poland has decided to enlarge the further restricted zones already established in the Kujawsko-Pomorskie, Mazowieckie, Warmińsko-Mazurskie, and Wielkopolskie voivodeships due to further outbreaks in those areas and a high risk for the spread of HPAI.

(9) The Commission has examined the disease control measures taken by France, the Netherlands and Poland, and it is satisfied that the boundaries of the protection and surveillances zones established by those Member States, and the further restricted zone established by Poland, for the outbreaks described are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(10) In addition, France informed the Commission that the measures required by Articles 39 and 55 of Delegated Regulation (EU) 2020/687 in relation to outbreak FR-HPAI(P)-2026-00017 located in the Dordogne department were completed earlier than initially estimated, and the duration of the protection and surveillance zones established for that outbreak by France can be reduced. Therefore, it is appropriate to shorten the period of application for these measures in the protection and surveillance zones established by France for outbreak FR-HPAI(P)-2026-00017, as listed in the Annex to Implementing Decision (EU) 2023/2447, in accordance with Article 39 and Article 55 of Delegated Regulation (EU) 2020/687.

(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 France, the Netherlands and Poland the protection and surveillance zones established by those Member States, and the further restricted zones established by Poland, in accordance with Delegated Regulation (EU) 2020/687.

(12) Therefore, the list of areas to be subject to protection and surveillance zones for France and Poland, and to further restricted zones for Poland, in the Annex to Implementing Decision (EU) 2023/2447 should be amended, to take account of the appropriate boundaries of those zones as established by those Member States, following the new HPAI outbreaks therein, and the required duration of the measures to be applied in those zones needs to be set out, in accordance with Delegated Regulation (EU) 2020/687.

(13) In addition, the dates until which the measures are to be applied in the protection and surveillance zones established by France for outbreak FR-HPAI(P)-2026-00017, as listed in the Annex to Implementing Decision (EU) 2023/2447, should be amended to take account of the amended duration of the restrictions.

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

(15) Articles 2 and 3 of Implementing Decision (EU) 2023/2447 refer to the measures to be applied in the protection and surveillance zones, respectively as provided for in Articles 39 and 55 of Delegated Regulation (EU) 2020/687. However, more clarity should be added to the text to ensure the correct understanding on the required measures.

(16) Article 4(c) of Implementing Decision (EU) 2023/2447 requires that animal health certificate or animal health/official certificate set out in Annex I to Commission Implementing Regulation (EU) 2021/403 (5) accompanying consignments moved to other Member States to contain an attestation stating that the consignments comply with the restrictions laid down in this Decision. Since the date of adoption of Implementing Decision (EU) 2023/2447, a harmonised attestation has been added to the animal health certificates and animal health / official certificates for the movements between Member States of consignments of certain kept terrestrial animals and germinal products thereof set out in Annex I to Implementing Regulation (EU) 2021/403 as amended by Commission Implementing Regulation (EU) 2024/1044 (6) in order to simplify certification for movements of kept terrestrial animals and germinal products thereof from the establishments or zones, or both subject to movement restrictions when derogations therefrom have been granted in accordance with Union legislation. Therefore, the requirement laid down in Article 4(c) of Implementing Decision (EU) 2023/2447 became redundant. Accordingly, point (c) of Article 4 of Implementing Decision (EU) 2023/2447 should be deleted.

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

(18) 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 the Implementing Decision (EU) 2023/2447 by this Decision take effect as soon as possible.

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