EN Official Journal of the European Union L 329/75

COMMISSION IMPLEMENTING DECISION (EU) 2016/2122

of 2 December 2016

on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States

(notified under document C(2016) 8158)

(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 and zootechnical checks applicable in intra-Community 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) Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

(2) Although avian influenza viruses are mainly found in birds, humans may occasionally also become infected under certain circumstances.

(3) In the event of an outbreak of avian influenza in a Member State (‘the concerned Member State’), there is a risk that the disease agent may spread to other holdings where poultry or other captive birds are kept. As a result, it may spread from the concerned Member State(s) to other Member States or to third countries through trade in live poultry or other captive birds or their products.

(4) Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. This regionalisation is applied in particular to preserve the health status of birds in the remainder of the territory by preventing the introduction of the pathogenic agent and ensuring the early detection of the disease.

(5) The highly pathogenic avian influenza A virus of subtype H5N8 can be spread by wild birds during migration over long distances. Hungary, Germany, Austria, Croatia, the Netherlands, Denmark, Sweden, Finland and Romania have detected that virus in a number of wild birds of different species that were mainly found dead. Following these findings in those Member States outbreaks caused by the same virus subtype were confirmed in poultry in Hungary, Germany, Austria, Denmark, Sweden and the Netherlands.

(6) Several Commission Implementing Decisions on protective measures in relation to outbreaks of highly pathogenic avian influenza of H5N8 subtype in poultry in certain Member States have been adopted in response to the current epidemic. Commission Implementing Decisions (EU) 2016/1968 (4), (EU) 2016/2011 (5) and (EU) 2016/2012 (6) were adopted following outbreaks of highly pathogenic avian influenza in Hungary, Germany and Austria and the establishment of protection and surveillance zones in those Member States in accordance with Council Directive 2005/94/EC. Those Implementing Decisions provide that the protection and surveillance zones established in those Member States, in accordance with Directive 2005/94/EC, are to comprise at least the areas listed in the Annexes thereto.

(7) In addition, following further outbreaks of highly pathogenic avian influenza of subtype H5N8 in Hungary, the Annex to Implementing Decision (EU) 2016/1968 was amended by Commission Implementing Decision (EU) 2016/2010 (7). The Annexes to Implementing Decisions (EC) 2016/ 1968 and (EU) 2016/2011 were then later amended by Commission Implementing Decision (EU) 2016/2064 (8) following further outbreaks in Germany and Hungary.

(8) Subsequently, Commission Implementing Decisions (EU) 2016/2065 (9), (EU) 2016/2086 (10) and (EU) 2016/2085 (11) were adopted following the notification of first outbreaks of highly pathogenic avian influenza of H5N8 subtype in Denmark, Sweden and the Netherlands.

(9) In all cases, the Commission has examined the measures taken by the concerned Member States in accordance with Directive 2005/94/EC and satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of the concerned Member States, are at a sufficient distance to any holding where an outbreak 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 the protection and surveillance zones established in the concerned Member States.

(11) The current epidemiological situation is very dynamic and constantly evolving. Ongoing surveillance for avian influenza in the Member States continues to identify the highly pathogenic avian influenza virus of subtype H5N8 in wild birds. The presence of that virus in wild birds poses a continuing threat for the direct and indirect introduction of the avian influenza virus into poultry holdings with the risk of the possible subsequent spread of the avian influenza virus from an infected poultry holding to other poultry holdings.

(12) Given the evolving epidemiological situation in the Union, and taking into account the seasonality of virus circulation in wild birds, there is a risk that further outbreaks of highly pathogenic avian influenza of subtype H5N8 will occur in the Union in the coming months. The Commission is therefore continuously assessing the epidemiological situation and keeping the measures under review.

(13) It is therefore appropriate, for reasons of clarity and in order to keep the Member States, third countries and stakeholders up-to-date on the current epidemiological situation, to list in one Union act all the protection and surveillance zones that have been established by the competent authorities of the concerned Member States in accordance with Directive 2005/94/EC and the duration of that regionalisation should be fixed taking into account the epidemiology of highly pathogenic avian influenza.

(14) Implementing Decisions (EU) 2016/1968, (EU) 2016/2011, (EU) 2016/2012, (EU) 2016/2065, (EU) 2016/2085 and (EU) 2016/2086 should therefore be repealed and replaced by this act.

(15) 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

This Decision establishes at Union level the protection and surveillance zones to be established by the Member States listed in the Annex to this Decision, following an outbreak or outbreaks of avian influenza in poultry or captive birds caused by a highly pathogenic influenza of subtype H5N8 in accordance with Article 16(1) of Directive 2005/94/EC and the duration of the measures to be applied in accordance with Article 29(1) and Article 31 of Directive 2005/94/EC (‘the concerned Member States’).

Article 2

The concerned Member States shall ensure that:

(a) the protection zones established by their competent authorities, in accordance with Article 16(1)(a) of Directive 2005/94/EC, comprise at least the areas listed as protection zones in Part A of the Annex to this Decision;

(b) the measures to be applied in the protection zones, as provided for in Article 29(1) of Directive 2005/94/EC, are maintained until at least the dates for the protection zones set out in Part A of the Annex to this Decision.

Article 3

The concerned Member States shall ensure that:

(a) the surveillance zones established by their competent authorities in accordance with Article 16(1)(b) of Directive 2005/94/EC, comprise at least the areas listed as surveillance zones in Part B of the Annex to this Decision;

(b) the measures to be applied in the surveillance zones, as provided for in Article 31 of Directive 2005/94/EC, are maintained until at least the dates for the surveillance zones set out in Part B of the Annex to this Decision.

Article 4

Implementing Decisions (EU) 2016/1968, (EU) 2016/2011, (EU) 2016/2012, (EU) 2016/2065, (EU) 2016/2085 and (EU) 2016/2086 are repealed.

Article 5

This Decision shall apply until 31 May 2017.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 2 December 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

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

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

(3) 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).

(4) Commission Implementing Decision (EU) 2016/1968 of 9 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 Hungary (OJ L 303, 10.11.2016, p. 23).

(5) Commission Implementing Decision (EU) 2016/2011 of 16 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (OJ L 310, 17.11.2016, p. 73).

(6) Commission Implementing Decision (EU) 2016/2012 of 16 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Austria (OJ L 310, 17.11.2016, p. 81).

(7) Commission Implementing Decision (EU) 2016/2010 of 16 November 2016 amending the Annex to Implementing Decision (EU) 2016/1968 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary (OJ L 310, 17.11.2016, p. 69).

(8) Commission Implementing Decision (EU) 2016/2064 of 24 November 2016 amending the Annexes to Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary and Germany (OJ L 319, 25.11.2016, p. 47).

(9) Commission Implementing Decision (EU) 2016/2065 of 24 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Denmark (OJ L 319, 25.11.2016, p. 65).

(10) Commission Implementing Decision (EU) 2016/2086 of 28 November 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Sweden (OJ L 321, 29.11.2016, p. 80).

(11) Commission Implementing Decision (EU) 2016/2085 of 28 November 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands (OJ L 321, 29.11.2016, p. 76).