(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 2026/676 (4) following outbreaks of HPAI in Bulgaria, Czechia, Denmark, Germany, France, Hungary, the Netherlands, Poland and Sweden in establishments where poultry or captive birds were kept.

(6) Since the date of adoption of Implementing Decision (EU) 2026/676, Czechia, Denmark, Germany, France, Italy, 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 poultry in the Hradec Králové region in Czechia, three outbreaks in poultry in the Faaborg-Midtfyn, Ringsted and Slagelse municipalities in Denmark, one outbreak in captive birds in the state of Thüringen and three outbreaks in poultry in the states of Bayern, Brandenburg, and Mecklenburg-Vorpommern in Germany, two outbreaks in poultry in the Eure and Maine-et-Loire departments in France, one outbreak in poultry in the Umbria region in Italy, and one outbreak in captive birds in the Zachodniopomorskie voivodeship, and four outbreaks in poultry in the Warmińsko-Mazurskie and Wielkopolskie voivodeships in Poland.

(7) In addition, the United Kingdom in respect of Northern Ireland has notified the Commission of an outbreak of HPAI in an establishment where poultry were kept, located in the Derry City and Strabane district in Northern Ireland.

(8) Following those 17 new outbreaks, Czechia, Denmark, Germany, France, Italy, Poland, 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) In addition, since the recent outbreak of HPAI in captive birds in the South Moravian region in Czechia is located in close proximity to the border with Austria, the surveillance zone for that outbreak in Czechia had to extend into the territory of Austria. The competent authority of Austria has duly collaborated with the competent authority of Czechia and established the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(10) The Commission has examined the disease control measures taken by Czechia, Denmark, Germany, France, Italy, Austria, Poland, and the United Kingdom in respect of Northern Ireland, and it is satisfied that the boundaries of the protection and surveillances zones established by the respective Member States and the United Kingdom in respect of Northern Ireland for the outbreaks described are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(11) The cleaning and disinfection in the establishments affected by outbreak DK-HPAI(P)-2026-00009 located in the Nordfyns municipality in Denmark, outbreak DE-HPAI(P)-2026-00023 located in the state of Brandenburg in Germany, and outbreaks PL-HPAI(P)-2026-00038 and PL-HPAI(P)-2026-00039 located in the Kujawsko-Pomorskie and Lubuskie voivodeships, respectively, in Poland has been completed later than expected. Therefore, the duration of the protection and surveillance zones established for those outbreaks by Denmark, Germany and Poland, respectively, need to be extended, in accordance with Article 39 and Article 55 of Delegated Regulation (EU) 2020/687.

(12) 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, Czechia, Denmark, Germany, France, Italy, Austria, Poland, 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 in accordance with Delegated Regulation (EU) 2020/687.

(13) Therefore, the list of areas to be subject to protection and surveillance zones for Czechia, Denmark, Germany, France, Italy, and Poland in the Annex to Implementing Decision (EU) 2023/2447 should be amended, to take account of the appropriate boundaries of the protection and surveillance 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.

(14) In addition, the dates until which the measures are to be applied in the protection and surveillance zones established by Denmark for outbreak DK-HPAI(P)-2026-00009, by Germany for outbreak DE-HPAI(P)-2026-00023, and by Poland for outbreaks PL-HPAI(P)-2026-00038 and HPAI(P)-2026-00039, as listed in the Annex to Implementing Decision (EU) 2023/2447 should be amended to take account of the extended duration of the restrictions.

(15) Moreover, the areas subject to surveillance zone in Austria, and protection and surveillance zones in the United Kingdom in respect of Northern Ireland should also be included in the list of restricted zones set out in the Annex to Implementing Decision (EU) 2023/2447, to take account of the boundaries of those zones established by Austria and the United Kingdom in respect of Northern Ireland following the recent HPAI outbreaks in Czechia and in the Derry City and Strabane district in the United Kingdom in respect of Northern Ireland, respectively, and the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

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

(17) 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 Annex to Implementing Decision (EU) 2023/2447 by this Decision take effect as soon as possible.

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