L 42/10
EN
Official Journal of the European Union
23.2.2022
(5)
The Annex to Implementing Decision (EU) 2021/641 was recently amended by Commission Implementing Decision (EU) 2022/198 (4) following outbreaks of HPAI in poultry or captive birds in Bulgaria, Germany, Spain, France, Hungary, the Netherlands, Poland and Portugal that needed to be reflected in that Annex.
(6)
Since the date of adoption of Implementing Decision (EU) 2022/198, Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland and Portugal, have notified the Commission of further outbreaks of HPAI of subtype H5N1 in establishments where poultry or captive birds were kept, located within or outside the areas listed in the Annex to that Implementing Decision.
(7)
In addition, Romania has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept in the Ialomița County of that Member State.
(8)
Moreover, the United Kingdom in respect of Northern Ireland has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept.
In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EU) 2016/429, as well as the Commission acts based on it, apply to and in the United Kingdom in respect of Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement.
Consequently, the emergency measures laid down in Implementing Decision (EU) 2021/641 apply in the United Kingdom in respect of Northern Ireland.
(9)
The competent authorities of Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal, Romania and the United Kingdom in respect of Northern Ireland 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.
(10)
The Commission has examined the disease control measures taken by Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal, Romania and the United Kingdom in respect of Northern Ireland in collaboration with those Member States and the United Kingdom in respect of Northern Ireland and it is satisfied that the boundaries of the protection and surveillance zones in Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal, Romania and in the United Kingdom in respect of Northern Ireland established by the competent authorities of those Member States and of the United Kingdom in respect of Northern Ireland are at a sufficient distance from the establishments where the recent outbreaks of HPAI have been confirmed.
(11)
In the Annex to Implementing Decision (EU) 2021/641, there are currently no areas listed as protection zones for Romania and no areas listed as protection and surveillance zones for the United Kingdom in respect of Northern Ireland.
(12)
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 Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal, Romania and the United Kingdom in respect of Northern Ireland, the protection and surveillance zones established by those Member States and by the United Kingdom in respect of Northern Ireland, in accordance with Delegated Regulation (EU) 2020/687.
(13)
Therefore, the areas listed for Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal and Romania in the Annex to Implementing Decision (EU) 2021/641 should be amended.
(14)
In addition, a protection zone should be listed for Romania and protection and surveillance zones should be listed for the United Kingdom in respect of Northern Ireland in the Annex to Implementing Decision (EU) 2021/641.
(4) Commission Implementing Decision (EU) 2022/198 of 9 February 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 31, 14.2.2022, p. 56).