Prováděcí rozhodnutí Komise (EU) 2024/2743 ze dne 21. října 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) 7450)

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 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) 2020/687Commission 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 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) 2024/2681Commission Implementing Decision (EU) 2024/2681 of 8 October 2024 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 2024/2681, 11.10.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2681/oj. following outbreaks of HPAI in poultry in Bulgaria, Czechia, Germany, France, Italy and Hungary, which needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2024/2681, Italy, Hungary. Austria and Poland have notified the Commission of outbreaks of HPAI, in establishments where poultry were kept located in Emilia-Romagna and Lombardy regions in Italy, in Békés and Csongrád-Csanád counties in Hungary, in Oberösterreich federal state in Austria and in Dolnośląskie voivodeship in Poland.

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

(9) In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Austria and Poland.

(10) 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 Italy, Hungary, Austria and Poland the protection and surveillance zones duly established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

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

(12) In addition, protection and surveillance zones should be listed for Austria and Poland in the Annex to Implementing Decision (EU) 2023/2447.

(13) 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 Italy, Hungary, Austria and Poland in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

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

(15) 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.

(16) 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) 2024/2681 of 8 October 2024 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 2024/2681, 11.10.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2681/oj.

HAS ADOPTED THIS DECISION: