COMMISSION IMPLEMENTING DECISION (EU) 2021/1485

of 15 September 2021

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(2021) 6765)

(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) 2021/1454 (4) following a new outbreak of HPAI in poultry or captive birds in the Netherlands that needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2021/1454, Belgium has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the West Flanders province of that Member State.

(7) In addition, Luxembourg has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the canton of Grevenmacher of that Member State.

(8) Moreover, France has notified the Commission of an outbreak of HPAI of subtype H5N8 in a holding where poultry or captive birds were kept in the Ardennes Region of that Member State.

(9) Those outbreaks in Belgium, France and Luxembourg 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 outbreaks.

(10) In addition, the outbreak confirmed in Belgium is located in close proximity to the border with France. Accordingly, 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 extends into the territory of France.

(11) Moreover, the outbreak confirmed in Luxembourg is located in close proximity to the border with Germany. Accordingly, 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 extends into the territory of Germany.

(12) The Commission has examined the disease control measures taken by Belgium, Germany, France and Luxembourg 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 Belgium, France and Luxembourg and the surveillance zone established by the competent authority of Germany are at a sufficient distance from the holdings where the recent outbreaks of HPAI have been confirmed.

(13) 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, France and Luxembourg, the protection and surveillance zones established by those Member States in accordance with Delegated Regulation (EU) 2020/687.

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

(15) Therefore, protection and surveillance zones should be listed for Belgium, France and Luxembourg, and surveillance zone should be listed for Germany in the Annex to Implementing Decision (EU) 2021/641.

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

(17) Furthermore, Implementing Decision (EU) 2021/641 applies until 30 September 2021. However, the duration of the restrictions applicable in the restricted zones established by Belgium, Germany, France and Luxembourg in accordance with Delegated Regulation (EU) 2020/687 extends beyond 30 September 2021.

(18) In addition, due to the ongoing findings of HPAI viruses in wild birds in the Union and the risks of the spread of that disease by migratory wild birds during their autumn migration season, there is an increasing risk of further outbreaks in poultry and captive birds.

(19) It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2021/641 until 30 September 2022, to cover the upcoming annual migration season of migratory wild birds. This prolongation also takes into account current developments in the epidemiological situation in the Union as regards HPAI and the corresponding risks to animal health resulting from possible further outbreaks of that disease.

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

(21) 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.

(22) 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 4, the date ‘30 September 2021’ is replaced by the date ‘30 September 2022’; (2) 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, 15 September 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) 2021/1454 of 6 September 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 316, 7.9.2021, p. 1)