COMMISSION IMPLEMENTING DECISION (EU) 2021/1146

of 12 July 2021

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

(notified under document C(2021) 5279)

(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) was 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 and surveillance 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 and surveillance 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) 2021/1084 (4) following further outbreaks of HPAI in poultry or captive birds in Germany and Poland that needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2021/1084, Poland has notified the Commission of a new outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the Mazowieckie voivodeship of that Member State.

(7) In addition, Denmark has notified the Commission of a new outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the Region of Southern Denmark of that Member State.

(8) The new outbreaks in Denmark and Poland are located outside the areas currently listed in the Annex to Implementing Decision (EU) 2021/641 and the competent authorities of those Member States 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 these new outbreaks.

(9) Furthermore, the outbreak in Denmark is located in close proximity to the border with Germany and the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zone, in accordance with Delegated Regulation (EU) 2020/687, as the surveillance zone of this outbreak also extends into the territory of Germany.

(10) The Commission has examined the disease control measures taken by Denmark, Germany and Poland in collaboration with those Member States, and it is satisfied that the boundaries of the protection and surveillance zones, established by the competent authorities of Denmark and Poland and the new surveillance zone established by the competent authority of Germany are at a sufficient distance to any holding where the recent outbreaks of HPAI have been confirmed.

(11) 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 Denmark and Poland, the new protection and surveillance zones established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

(12) Furthermore, it is also necessary to rapidly describe at Union level, in collaboration with Germany the new surveillance zone established by that Member State in accordance with Delegated Regulation (EU) 2020/687.

(13) Therefore, the protection and surveillance zones listed for Poland and the surveillance zones listed for Germany in the Annex to Implementing Decision (EU) 2021/641 should be amended.

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

(15) Accordingly, the Annex to Implementing Decision (EU) 2021/641 should be amended to update regionalisation at Union level to take account of the new protection and surveillance zones duly established by Denmark and Poland and the new surveillance zone duly established by Germany, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the restrictions applicable therein.

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

(17) 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 the Annex to Implementing Decision (EU) 2021/641 by this Decision take effect as soon as possible.

(18) 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) 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, 12 July 2021. 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) 2021/1084 of 30 June 2021 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 235, 2.7.2021, p. 14)