COMMISSION IMPLEMENTING DECISION (EU) 2020/661

of 15 May 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) 3319)

(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 certain Member States, and the establishment of protection and surveillance zones by those 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 Member States listed in the Annex to that Implementing Decision, in accordance with Directive 2005/94/EC, are to comprise at least the areas listed as protection and surveillance zones in that Annex.

(3) The Annex to Implementing Decision (EU) 2020/47 was recently amended by Commission Implementing Decision (EU) 2020/627 (5), following outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry in Hungary that needed to be reflected in that Annex. One of those outbreaks in the Békés county of Hungary was located in close proximity to the border with Romania, and accordingly the necessary surveillance zone for that outbreak extends into the territory of Romania.

(4) Since the date of adoption of Implementing Decision (EU) 2020/627, Hungary has notified the Commission of more outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings where poultry were kept, again located in the Bács-Kiskun, Csongrád and Békés counties of that Member State.

(5) The new outbreaks in Hungary are located within the boundaries of areas currently listed in the Annex to Implementing Decision (EU) 2020/47. However, the boundaries of the new protection zones around these new outbreaks, established by the competent authority of Hungary in accordance with Directive 2005/94/EC, extend beyond the boundaries of the protection zones currently listed in that Annex.

(6) Furthermore, one outbreak confirmed in the Békés county of Hungary is located again in close proximity to the border with Romania. Accordingly, the competent authorities of those two Member States have duly collorabated with regard to the establishment of the necessary surveillance zone, in accordance with Directive 2005/94/EC, as the surveillance zone of this new outbreak also extends into the territory of Romania.

(7) The Commission has examined the measures taken by Hungary and Romania, in accordance with Directive 2005/94/EC, and it is satisfied that the boundaries of the new protection zones, established by the competent authority of Hungary, and the new surveillance zone established by the competent authority of Romania, are at a sufficient distance to the holdings where the recent outbreaks of highly pathogenic avian influenza of subtype H5N8 have been confirmed.

(8) 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 Hungary the new protection zones established by that Member State.

(9) Furthermore, it is also necessary to rapidly describe at Union level, in collaboration with Romania the new surveillance zone established by that Member State in accordance with Directive 2005/94/EC.

(10) Therefore, new protection zones for Hungary, and a new surveillance zone for Romania, should be listed in the Annex to Implementing Decision (EU) 2020/47.

(11) Accordingly, the Annex to Implementing Decision (EU) 2020/47 should be amended to update regionalisation at Union level to include the new protection zones established by Hungary and the new surveillance zone established by Romania, in accordance with Directive 2005/94/EC, 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, 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, 15 May 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).

(5) Commission Implementing Decision (EU) 2020/627 of 7 May 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 (OJ L 146, 8.5.2020, p. 4).