(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) 2026/453 (4) following outbreaks of HPAI in Czechia, Denmark, France, the Netherlands, and Poland in establishments where poultry or captive birds were kept.

(6) Since the date of adoption of Implementing Decision (EU) 2026/453, Czechia, Denmark, Germany, Hungary, the Netherlands, Poland and Slovakia have notified the Commission of new outbreaks of HPAI in those Member States in establishments where poultry were kept. In particular, these notifications concerned one outbreak in captive birds in the Pardubice region and two outbreaks in poultry in the Hradec Králové region in Czechia, two outbreaks in poultry in the Zealand region in Denmark, two outbreaks in poultry in the states of Brandenburg and Thüringen in Germany, one outbreak in the county of Csongrád-Csanád in Hungary, two outbreaks in poultry in the provinces of Groningen and Gelderland in the Netherlands, four outbreaks in poultry in the Kujawsko-Pomorskie, Lubuskie and Warmińsko-Mazurskie voivodeships in Poland, and one outbreak in poultry in the Trnava region in Slovakia.

(7) Following those 15 new outbreaks, Czechia, Denmark, Germany, Hungary, the Netherlands, Poland and Slovakia 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, since the outbreak of HPAI in poultry in the Trnava region in Slovakia is located in close proximity to the border with Austria, the surveillance zone for that outbreak in Slovakia had to extend into the territory of Austria. The competent authority of Austria has duly collaborated with the competent authority of Slovakia and established the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687.

(9) As referred to in Commission Implementing Decision (EU) 2026/107 (5), Bulgaria notified the Commission of outbreak BG-HPAI(P)-2026-00001, located in the Plovdiv province. Certain measures required by Article 55 of Delegated Regulation (EU) 2020/687 before lifting the surveillance zone established by Bulgaria for that outbreak have been completed within a longer period than initially expected. Therefore, the duration of the measures applicable in the surveillance zone established by the competent authority of Bulgaria for outbreak BG-HPAI(P)-2026-00001 should be extended in compliance with Article 55 of Delegated Regulation (EU) 2020/687.

(10) In addition, as referred to in Commission Implementing Decision (EU) 2026/396 (6) Bulgaria notified the Commission of outbreak BG-HPAI(P)-2026-00003 located in located in the Pleven province, and Poland notified the Commission of outbreaks PL-HPAI(NON-P)-2026-00016 located in the Zachodniopomorskie voivodeship, and for outbreaks PL-HPAI(NON-P)-2026-00027 and PL-HPAI(NON-P)-2026-00031 located in the Kujawsko-Pomorskie voivodeship. Moreover, as referred to in Commission Implementing Decision (EU) 2026/332 (7), Italy notified the Commission of outbreak IT-HPAI(P)-2026-00009 located in the Toscana region. Certain measures required by Articles 39 and 55 of Delegated Regulation (EU) 2020/687 before lifting the protection and surveillance zones established by Bulgaria, Italy and Poland for those outbreaks have been completed later than expected and therefore, the duration of the measures applicable in the protection and surveillance zones established by the competent authorities of Bulgaria, Italy and Poland for those outbreaks should be extended in compliance with Articles 39 and 55 of Delegated Regulation (EU) 2020/687.

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

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

(13) Therefore, the areas listed as protection and surveillance zones for Czechia, Denmark, Germany, Hungary, the Netherlands, Poland and Slovakia 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.

(14) In addition, the dates until the measures to be applied in the surveillance zone established by Bulgaria for outbreak BG-HPAI(P)-2026-00001, and in the protection and surveillance zones established by Bulgaria for outbreak BG-HPAI(P)-2026-00003, by Italy for outbreak IT-HPAI(P)-2026-00009, and by Poland for outbreaks PL-HPAI(NON-P)-2026-00016, PL-HPAI(NON-P)-2026-00027 and PL-HPAI(NON-P)-2026-00031, 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 a surveillance zone in Austria 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 that zone established by Austria following the recent HPAI outbreak in Slovakia, as well as the required duration of the measures to be applied in that zone, 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,