BAKGRUNN (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 disease control measures for HPAI.

(3) Commission Implementing Decision (EU) 2023/2447 (3) was adopted within the framework of Regulation (EU) 2016/429 and it lays down emergency measures at Union level in relation to outbreaks of HPAI.

(4) More particularly, Implementing Decision (EU) 2023/2447 provides that the protection, surveillance and further restricted zones, established by the Member States concerned following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision.

(5) The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2024/2833 (4) following outbreaks of HPAI in poultry in Bulgaria, Czechia, France, Croatia, Italy, Hungary, Poland and Slovakia, which needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2024/2833, Germany, France, Italy, Hungary, Austria, Poland and Romania have notified the Commission of outbreaks of HPAI, in establishments where poultry or captive birds were kept, located in the Bayern state in Germany, in the Allier, Landes and Morbihan departments in France, in the Emilia-Romagna, Friuli-Venezia Giulia, Lombardy and Veneto regions in Italy, in Baranya, Bács-Kiskun, Békés, Hajdú-Bihar, Jász-Nagykun-Szolnok and Komárom-Esztergom counties in Hungary, in the Niederösterreich state in Austria, in the Dolnośląskie and Wielkopolskie voivodeships in Poland, and in Tulcea county in Romania.

(7) Germany, France, Italy, Hungary, Austria, Poland and Romania have taken the necessary 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, four of the outbreaks confirmed by Hungary are located in close proximity to the border with Romania. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone extends into the territory of Romania.

(9) Moreover, Poland has established a further restricted zone adjacent to protection and surveillance zones in certain areas at increased risk for the spread of HPAI.

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

(11) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection zones for Germany and there are no areas listed as protection and surveillance zones for Romania. In addition, there are no areas listed as further restricted zones for Poland.

(12) In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Germany, France, Italy, Hungary, Austria, Poland and Romania, the protection and surveillance zones duly established by those Member States; and the further restricted zone duly established by Poland in accordance with Delegated Regulation (EU) 2020/687.

(13) Therefore, the areas listed as protection and surveillance zones for France, Italy, Hungary, Austria and Poland in the Annex to Implementing Decision (EU) 2023/2447 should be amended.

(14) In addition, protection zones should be listed for Germany, protection and surveillance zones should be listed for Romania, and further restricted zone should be listed for Poland in the Annex to Implementing Decision (EU) 2023/2447.

(15) Accordingly, the Annex to Implementing Decision (EU) 2023/2447 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Germany, France, Italy, Hungary, Austria, Poland and Romania and of the further restricted zones duly established by Poland in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

(16) 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 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,