COMMISSION IMPLEMENTING DECISION (EU) 2020/114

of 24 January 2020

amending the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States

(notified under document C(2020) 487)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

(1) Commission Implementing Decision (EU) 2020/47 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings where poultry are kept in Poland, Slovakia, Hungary and Romania (the concerned Member States), and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Council Directive 2005/94/EC (4).

(2) Implementing Decision (EU) 2020/47 provides that the protection and surveillance zones established by the concerned Member States in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision.

(3) Since the date of adoption of Implementing Decision (EU) 2020/47, the concerned Member States have notified the Commission of additional outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings where poultry are kept, outside the areas listed in the Annex to that Implementing Decision, and they have taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around those new outbreaks.

(4) Poland notified the Commission of new outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry in the Ostrowski and Legnicki districts.

(5) Slovakia notified the Commission of the second outbreak of highly pathogenic avian influenza of subtype H5N8 in poultry in the Trnava district.

(6) Hungary notified the Commission of a new outbreak of highly pathogenic avian influenza of subtype H5N8 in poultry in the region of Komárom-Esztergom.

(7) Romania notified the Commission of a new outbreak of highly pathogenic avian influenza of subtype H5N8 in poultry in the region of Maramureș.

(8) In addition, Czechia notified the Commission of one outbreak of highly pathogenic avian influenza of subtype H5N8 on its territory, in one holding where poultry are kept, in the region of Vysočina, and it has taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around that outbreak. This Member State is not currently listed in the Annex to Implementing Decision (EU) 2020/47, but due to that outbreak, it should be covered by the rules laid down in that Implementing Decision and duly listed in the Annex thereto.

(9) In all cases, the Commission has examined the measures taken by Poland, Hungary, Slovakia, Romania and Czechia in accordance with Directive 2005/94/EC and it is satisfied that the boundaries of the protection and surveillance zones, established by the competent authorities of those Member States, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype H5N8 has been confirmed.

(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 Poland, Hungary, Slovakia, Romania and Czechia, the new protection and surveillance zones established in those Member States in accordance with Directive 2005/94/EC. Therefore, the protection and surveillance zones listed for Poland, Hungary, Slovakia and Romania in the Annex to Implementing Decision (EU) 2020/47 should be amended, and new protection and surveillance zones should be listed for Czechia.

(11) Accordingly, the Annex to Implementing Decision (EU) 2020/47 should be amended to update regionalisation at Union level to include the new protection and surveillance zones established in accordance with Directive 2005/94/EC by those five Member States and the duration of the restrictions applicable therein.

(12) Implementing Decision (EU) 2020/47 should therefore be amended accordingly.

(13) Given the urgency of the epidemiological situation in the Union as regards the spread of highly pathogenic avian influenza of subtype H5N8, it is important that the amendments made to the Annex to Implementing Decision (EU) 2020/47 by this Decision should take effect as soon as possible.

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

HAS ADOPTED THIS DECISION:

Article 1 The Annex to Implementing Decision (EU) 2020/47 is replaced by the text set out in the Annex to this Decision.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 24 January 2020. For the Commission Stella KYRIAKIDES Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 224, 18.8.1990, p. 29.

(3) Commission Implementing Decision (EU) 2020/47 of 20 January 2020 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 16, 21.1.2020, p. 31).

(4) Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).