COMMISSION IMPLEMENTING DECISION (EU) 2022/623

of 11 April 2022

amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States

(notified under document C(2022) 2454)

(Text with EEA relevance)

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’) (1), and in particular Article 259(1), point (c), thereof,

Whereas:

(1) Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and may 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) 2020/687 (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) 2021/641 (3) has been adopted within the framework of Regulation (EU) 2016/429 and it lays down disease control measures in relation to outbreaks of HPAI.

(4) More particularly, Implementing Decision (EU) 2021/641 provides that the protection, surveillance zones 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) 2021/641 was recently amended by Commission Implementing Decision (EU) 2022/522 (4) following outbreaks of HPAI in poultry or captive birds in Germany, Spain, France, Italy, Portugal and Romania that needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2022/522, Germany, France, Italy and Romania have notified the Commission of further outbreaks of HPAI in establishments where poultry or captive birds were kept, located within or outside the areas listed in the Annex to that Implementing Decision.

(7) In addition, Belgium has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept, located in the West Flanders province of that Member State.

(8) Moreover, Bulgaria has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept, located in the Plovdiv province of that Member State.

(9) Furthermore, Denmark has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept, located in the Langeland municipality of that Member State.

(10) The competent authorities of Belgium, Bulgaria, Denmark, Germany, France, Italy 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 those outbreaks.

(11) In addition, the competent authority of France decided to establish a further restricted zone in addition to the protection and surveillance zones established for certain outbreaks located in Pays de la Loire region of that Member State.

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

(13) In the Annex to Implementing Decision (EU) 2021/641, there are currently no areas listed as protection and surveillance zones for Belgium and Denmark, and no areas listed as a protection zone for Bulgaria.

(14) 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, Bulgaria, Denmark, Germany, France, Italy and Romania, the protection and surveillance zones established by those Member States in accordance with Delegated Regulation (EU) 2020/687, as well as the further restricted zone established by France.

(15) Therefore, the areas listed for Bulgaria, Germany, France, Italy and Romania in the Annex to Implementing Decision (EU) 2021/641 should be amended.

(16) In addition, protection and surveillance zones should be listed for Belgium and Denmark and a protection zone should be listed for Bulgaria in the Annex to Implementing Decision (EU) 2021/641.

(17) Accordingly, the Annex to Implementing Decision (EU) 2021/641 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Belgium, Bulgaria, Denmark, Germany, France, Italy and Romania and of the further restricted zone duly established by France in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

(18) In addition, Article 23 of Delegated Regulation (EU) 2020/687 provides that the competent authority may grant derogations from the measures to be applied in restricted zones, to the extent necessary and after carrying out a risk assessment. Accordingly, the competent authorities of the concerned Member States may allow movements of consignments of poultry, captive birds, hatching eggs and specific pathogen-free eggs from such zones. Such consignments may be moved to other Member States if accompanied by the relevant animal health certificate or animal health/official certificate for these commodities set out in Annex I to Commission Implementing Regulation (EU) 2021/403 (5). An attestation should therefore be added to such certificates stating that the consignments comply with Implementing Decision (EU) 2021/641.

(19) Implementing Decision (EU) 2021/641 should therefore be amended accordingly.

(20) 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) 2021/641 by this Decision take effect as soon as possible.

(21) 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 Implementing Decision (EU) 2021/641 is amended as follows: (1) in Article 1, the following paragraph is added: ‘This Decision lays down rules concerning movements of consignments of poultry, captive birds, hatching eggs and specific pathogen-free eggs from the further restricted zones listed in Part C of the Annex to this Decision, where a derogation has been granted, in accordance with Article 23 of Delegated Regulation (EU) 2020/687, permitting such movements.’; (2) in Article 3a, the following point (c) is added: ‘(c) when after a positive outcome of a risk assessment a derogation has been granted by the competent authority of a concerned Member State, in accordance with Article 23 of Delegated Regulation (EU) 2020/687, permitting the movement of consignments of poultry, captive birds, hatching eggs and specific pathogen-free eggs from further restricted zones listed in Part C of the Annex to this Decision to other Member States, the concerned Member States shall ensure that those consignments are accompanied by the relevant animal health certificate or animal health/official certificate set out in Annex I to Commission Implementing Regulation (EU) 2021/403 (*1) which must contain the following attestation: “The consignment complies with the provisions laid down in Article 3a of Commission Implementing Decision (EU) 2021/641.” (*1) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).’;" (3) the Annex to Implementing Decision (EU) 2021/641 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, 11 April 2022. For the Commission Stella KYRIAKIDES Member of the Commission

(1) OJ L 84, 31.3.2016, p. 1.

(2) 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).

(3) Commission Implementing Decision (EU) 2021/641 of 16 April 2021 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 134, 20.4.2021, p. 166).

(4) Commission Implementing Decision (EU) 2022/522 of 29 March 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 104, 1.4.2022, p. 74).

(5) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).