Prováděcí rozhodnutí Komise (EU) 2023/2695 ze dne 24. listopadu 2023, kterým se mění příloha prováděcího rozhodnutí (EU) 2023/2447 o mimořádných opatřeních v souvislosti s ohnisky vysoce patogenní influenzy ptáků v určitých členských státech (oznámeno pod číslem C(2023)8219)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law)OJ L 84, 31.3.2016, p. 1 . , and in particular Article 259(1), point (c), thereof,

The Annex to Implementing Decision (EU) 2023/2447 is replaced by the text set out in the Annex to this Decision.

OJ L 84, 31.3.2016, p. 1 .

(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 a new 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) 2020/687Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64 ). 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) 2023/2447Commission Implementing Decision (EU) 2023/2447 of 24 October 2023 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2023/2447, 30.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2447/oj). 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 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) 2023/2578Commission Implementing Decision (EU) 2023/2578 of 13 November 2023 amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2023/2578, 20.11.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2578/oj). following outbreaks of HPAI in poultry or captive birds in Bulgaria, Denmark, Hungary and Romania that needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2023/2578, Denmark has notified the Commission of new outbreaks of HPAI in establishments where poultry or captive birds were kept, located in Varde and Tønder municipalities.

(7) In addition, Hungary has notified the Commission of new outbreaks of HPAI in establishments where poultry or captive birds were kept, located in Bács-Kiskun, Békés, Borsod-Abaúj-Zemplén, Csongrád-Csanád and Jász-Nagykun-Szolnok counties.

(8) Moreover, the Netherlands has notified the Commission of new outbreaks of HPAI in establishments where poultry or captive birds were kept, located in Noord-Holland and Utrecht provinces.

(9) Furthermore, Bulgaria has notified the Commission of a new outbreak of HPAI in an establishment where poultry were kept, located in Dobrich region.

(10) Additionally, Italy has notified the Commission of new outbreaks of HPAI in establishments where poultry were kept, located in the Veneto region.

(11) Further, Croatia has notified the Commission of a new outbreak of HPAI in an establishment where poultry were kept, located in Brod-Posavina county.

(12) Furthermore, Germany has notified the Commission of new outbreaks of HPAI in establishments where poultry or captive birds were kept, located in Lower Saxony, Mecklenburg-Vorpommern and Thuringia states.

(13) In addition, one of the new outbreaks confirmed by Denmark is located in close proximity to the border with Germany. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zones, in accordance with Delegated Regulation (EU) 2020/687, as the surveillances zone extends into the territory of Germany.

(14) The competent authorities of Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands 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.

(15) In addition, the competent authority of Italy has decided to establish further restricted zones around or adjacent to the protection and surveillance zones in certain areas at increased risk for the spread of HPAI.

(16) The Commission has examined the disease control measures taken by Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands in collaboration with those Member States, and it is satisfied that the boundaries of the protection and surveillances zones established by the competent authorities of Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands, and of the further restricted zones in Italy are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(17) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Germany, Croatia, Italy and the Netherlands and no areas listed as further restricted zones for Italy.

(18) 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 Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands, the protection and surveillance zones duly established by Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands and the further restricted zones duly established by Italy, in accordance with Delegated Regulation (EU) 2020/687.

(19) Therefore, the areas listed as protection and surveillance zones for Bulgaria, Denmark and Hungary in the Annex to Implementing Decision (EU) 2023/2447 should be amended.

(20) In addition, protection and surveillance zones should be listed for Germany, Croatia, Italy and the Netherlands and further restricted zones should be listed for Italy in the Annex to Implementing Decision (EU) 2023/2447.

(21) 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 Bulgaria, Denmark, Germany, Croatia, Italy, Hungary and the Netherlands, and of the further restricted zones duly established by Italy, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

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

(23) 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.

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

This Decision is addressed to the Member States.

Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64 ).

Article 1 Article 1

Article 2 Article 2

Commission Implementing Decision (EU) 2023/2447 of 24 October 2023 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2023/2447, 30.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2447/oj).

Commission Implementing Decision (EU) 2023/2578 of 13 November 2023 amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2023/2578, 20.11.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2578/oj).

HAS ADOPTED THIS DECISION: