COMMISSION IMPLEMENTING DECISION (EU) 2022/1402

of 12 August 2022

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

(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) has been 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, surveillance and further restricted 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, surveillance and further restricted 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) 2022/1351 (4) following outbreaks of HPAI in poultry or captive birds in Germany, the Netherlands and Poland that needed to be reflected in that Annex.

(6) Since the date of adoption of Implementing Decision (EU) 2022/1351, France, Germany and the Netherlands have notified the Commission of further outbreaks of HPAI in establishments where poultry was kept, located in the Manche and Somme Départements in France, in the Lower Saxony Land in Germany and in the Overijssel province in the Netherlands.

(7) In addition, Spain has notified the Commission of an outbreak of HPAI in an establishment where poultry were kept, located in the Huelva Province of that Member State.

(8) The competent authorities of France, Germany, Spain and the Netherlands 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 those outbreaks.

(9) The Commission has examined the disease control measures taken by Germany, Spain, France and the Netherlands in collaboration with those Member States and it is satisfied that the boundaries of the protection and surveillances zones in Germany, Spain, France and the Netherlands established by the competent authority of those Member States are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(10) In the Annex to Implementing Decision (EU) 2021/641, there are currently no areas listed as protection and surveillance zones for Spain.

(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 Germany, Spain, France and the Netherlands, the protection and surveillance zones established by Germany, Spain, France and the Netherlands in accordance with Delegated Regulation (EU) 2020/687.

(12) Therefore, the areas listed as protection and surveillance zones for Germany, France and the Netherlands in the Annex to Implementing Decision (EU) 2021/641 should be amended.

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

(14) Accordingly, the Annex to Implementing Decision (EU) 2021/641 should be amended to update regionalisation at Union level to take account of the protection and surveillance zones duly established by Germany, Spain, France and the Netherlands in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

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

(16) 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.

(17) 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 August 2022. 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) 2022/1351 of 2 August 2022 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 203, 3.8.2022, p. 3).