EN
L 64/60
Official Journal of the European Union
2.3.2022
COMMISSION IMPLEMENTING DECISION (EU) 2022/349 of 28 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 (notified under document C(2022) 1342) (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 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) 2022/257 (4) following outbreaks of HPAI in poultry or captive birds in Czechia, Denmark, Germany, Spain, France, Italy, the Netherlands, Poland, Portugal, Romania and the United Kingdom in respect of Northern Ireland that needed to be reflected in that Annex.
(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) 2022/257 of 21 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 42, 23.2.2022, p. 9).