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

(notified under document C(2020) 344)

(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(3) and (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(3) and (4) thereof,

Whereas:

(1) Avian influenza is an infectious viral disease in birds, including poultry or other captive birds. Infections with avian influenza viruses in birds 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 causing disturbance to trade within the Union and exports to third countries.

(2) Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

(3) In the event of an outbreak of highly pathogenic avian influenza in a 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 one Member State 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 of the Member State concerned by the outbreak by preventing the introduction of the pathogenic agent and ensuring the early detection of the disease.

(5) In December 2019 and January 2020, Poland, Slovakia, Hungary and Romania (the concerned Member States), notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings on their territory where poultry are kept and immediately took the measures required by Directive 2005/94/EC, including the establishment of protection and surveillance zones.

(6) Poland notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry in the regions of Lubartowski, Ostrowski, Krasnostawski, Myśliborski and Kolski.

(7) Slovakia notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in poultry in the region of Nitra.

(8) Hungary notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry in the regions of Komárom-Esztergom and Hajdú-Bihar.

(9) Romania notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in poultry in the region of Maramureș.

(10) The Commission has examined the measures applied pursuant to Directive 2005/94/EC, in collaboration with the concerned Member States, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authorities in the concerned Member States, are at a sufficient distance to the holdings where the outbreaks were 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 set out at Union level the protection and surveillance zones established in relation to highly pathogenic avian influenza in the concerned Member States.

(12) Accordingly, the protection and surveillance zones in the concerned Member States, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be set out in the Annex to this Decision and the duration of that regionalisation fixed.

(13) In addition, Commission Implementing Decision (EU) 2020/10 (4) should be repealed and replaced by this Decision to take account of the updated disease management measures in place and the evolution in the disease situation in Poland as regards highly pathogenic avian influenza of subtype H5N8.

(14) In order to take into account of constantly changing epidemiological situation in the Union as regards highly pathogenic avian influenza of subtype H5N8, this Decision should apply until 31 May 2020.

(15) Given the urgency of the epidemiological situation in the Union as regards highly pathogenic avian influenza of subtype H5N8, it is important that this Decision be adopted as soon as possible.

(16) 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 (the concerned Member States), following an outbreak or outbreaks of highly pathogenic avian influenza in poultry or captive birds 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

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 Decision (EU) 2020/10 is repealed.

Article 5 This Decision shall apply until 31 May 2020.

Article 6 This Decision is addressed to the Member States.

Done at Brussels, 20 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) 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) 2020/10 of 7 January 2020 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Poland (OJ L 5, 9.1.2020, p. 1).