Prováděcí rozhodnutí Komise (EU) 2024/258 ze dne 10. ledna 2024, 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(2024) 234)

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 , ELI: http://data.europa.eu/eli/reg/2016/429/oj. , 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 , ELI: http://data.europa.eu/eli/reg/2016/429/oj.

(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 , ELI: http://data.europa.eu/eli/reg_del/2020/687/oj). 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) 2023/2913Commission Implementing Decision (EU) 2023/2913 of 20 December 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, 2023/2913, 29.12.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2913/oj). following outbreaks of HPAI in poultry or captive birds in Belgium, Denmark, Germany, France, Hungary and Poland that needed to be reflected in that Annex.

(6) Since the date of adoption of Commission Implementing Decision (EU) 2023/2778Commission Implementing Decision (EU) 2023/2778 of 7 December 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, 2023/2778, 12.12.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2778/oj). , Belgium, Germany, France, Italy, Hungary, Romania and Poland have notified the Commission of new outbreaks of HPAI in establishments where poultry or captive birds were kept, located in West Flanders province in Belgium, in Lower Saxony, Mecklenburg-Vorpommern, North Rhine-Westphalia, Saxony-Anhalt and Schleswig-Holstein states in Germany, in Nord and Vendée departments in France, in Apulia region in Italy, in Békés, Győr-Moson-Sopron, Jász-Nagykun-Szolnok, Komárom-Esztergom and Szabolcs-Szatmár-Bereg counties in Hungary, in Olt county in Romania and in the Kuyavian–Pomeranian, Lower Silesian, Masovian and West Pomeranian Voivodeships in Poland.

(7) In addition, Lithuania has notified the Commission of an outbreak of HPAI in an establishment where poultry were kept, located in Marijampolė municipality.

(8) Moreover, Slovakia has notified the Commission of an outbreak of HPAI in an establishment where poultry were kept, located in Nitra Region.

(9) Furthermore, certain outbreaks confirmed by Belgium and France are located in close proximity to their common border. Accordingly, the competent authorities of those Member States have duly collaborated with regard to the establishment of the necessary protection and surveillance zones, in accordance with Delegated Regulation (EU) 2020/687, as one of the protection zones and the surveillance zones extend into the territories of France and Belgium, respectively.

(10) The competent authorities of Belgium, Germany, France, Italy, Lithuania, Hungary, Poland, Romania and Slovakia 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.

(11) The Commission has examined the disease control measures taken by Belgium, Germany, France, Italy, Lithuania, Hungary, Poland, Romania and Slovakia 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 those Member States are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(12) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Lithuania and Slovakia and no areas listed as protection zones for Romania.

(13) 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 Belgium, Germany, France, Italy, Lithuania, Hungary, Poland, Romania and Slovakia, the protection and surveillance zones duly established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

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

(15) In addition, protection and surveillance zones should be listed for Lithuania and Slovakia and protection zones should be listed for Romania, in the Annex to Implementing Decision (EU) 2023/2447.

(16) 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 Belgium, Germany, France, Italy, Lithuania, Hungary, Poland, Romania and Slovakia in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

(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 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,

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 , ELI: http://data.europa.eu/eli/reg_del/2020/687/oj).

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) 2023/2913 of 20 December 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, 2023/2913, 29.12.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2913/oj).

Commission Implementing Decision (EU) 2023/2778 of 7 December 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, 2023/2778, 12.12.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2778/oj).

HAS ADOPTED THIS DECISION: