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Commission Implementing Decision (EU) 2021/2100 of 29 November 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) 8774) (Text with EEA relevance)

Commission Implementing Decision (EU) 2021/2100 of 29 November 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) 8774) (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. Depending on the epidemiological situation as regards HPAI, in order to strengthen disease control, a concerned Member State may, in accordance with Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, establish further restricted zones around or adjacent to the protection and surveillance zones, where the competent authority is to apply the same measures as those provided for in that Delegated Regulation for the surveillance zone.

  6. For reasons of clarity and in order to keep the Member States, third countries and stakeholders up-to-date on the evolution of the epidemiological situation in the Union, those further restricted zones should also be covered by Implementing Decision (EU) 2021/641 and listed in the Annex thereto. That Annex should also set out the date for the maintenance of the application of the measures in those further restricted zones established by the concerned Member States, taking into account the epidemiological situation as regards HPAI.

  7. Therefore, Implementing Decision (EU) 2021/641 should be amended to cover the further restricted zones established by the concerned Member States in accordance with Delegated Regulation (EU) 2020/687. Furthermore, the Annex to that Implementing Decision should include a new Part C listing the further restricted zones established by the concerned Member States, and the duration of the measures applicable in those further restricted zones.

  8. The Annex to Implementing Decision (EU) 2021/641 was recently amended by Commission Implementing Decision (EU) 2021/1982(4) following outbreaks of HPAI in poultry or captive birds in Denmark, Germany, Italy, the Netherlands and Poland that needed to be reflected in that Annex.

  9. Since the date of adoption of Implementing Decision (EU) 2021/1982, Germany, Italy the Netherlands and Poland have notified the Commission of further outbreaks of HPAI of subtype H5N1 in establishments where poultry or captive birds were kept, located outside the areas listed in the Annex to that Implementing Decision.

  10. In addition, Bulgaria has notified the Commission of one outbreak of HPAI of subtype H5 in an establishment where poultry or captive birds were kept in the Plovdiv Region of that Member State.

  11. Moreover, Czechia has notified the Commission of outbreaks of HPAI of subtype H5N1 in establishments where poultry or captive birds were kept in the South Bohemian Region of that Member State.

  12. Furthermore, Hungary has notified the Commission of outbreaks of HPAI of subtype H5N1 in establishments where poultry or captive birds were kept in the Bács-Kiskun, Békés, Csongrád-Csanád, Hajdú-Bihar and Szabolcs-Szatmár-Bereg Counties of that Member State.

  13. In addition, Ireland has notified the Commission of outbreaks of HPAI of subtype H5N1 in establishments where poultry or captive birds were kept in the County Monaghan of that Member State.

  14. Moreover, Slovakia has notified the Commission of an outbreak of HPAI of subtype H5N1 in an establishment where poultry or captive birds were kept in the Dunajská Streda district of that Member State.

  15. The competent authorities of Bulgaria, Czechia, Germany, Ireland, Italy, Hungary, the Netherlands, Poland and Slovakia 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.

  16. In addition, the competent authorities of Italy and Poland have decided to establish further restricted zones around or adjacent to the protection and surveillance zones in certain areas at increased risk for the spread of HPAI.

  17. Moreover, the outbreaks confirmed in Czechia are located in close proximity to the border with Austria. Accordingly, the competent authorities of those two Member States have duly collaborated with regard to the establishment of the necessary surveillance zones, in accordance with Delegated Regulation (EU) 2020/687, as the surveillances zone extends into the territory of Austria.

  18. For Bulgaria, Czechia, Ireland, Hungary, Austria and Slovakia, there are currently no areas listed as protection or surveillance zones in the Annex to Implementing Decision (EU) 2021/641.

  19. The Commission has examined the disease control measures taken by Bulgaria, Czechia, Germany, Ireland, Italy, Hungary, the Netherlands, Austria, Poland and Slovakia in collaboration with those Member States and it is satisfied that the boundaries of the protection and surveillance zones in Bulgaria, Czechia, Germany, Ireland, Italy, Hungary, the Netherlands, Poland and Slovakia, of the surveillance zones in Austria, and of the further restricted zones in Italy and Poland, established by the competent authorities of those Member States are at a sufficient distance from the establishments where the recent outbreaks of HPAI have been confirmed.

  20. 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 Bulgaria, Czechia, Germany, Ireland, Italy, Hungary, the Netherlands, Poland and Slovakia, the protection and surveillance zones established by those Member States, the surveillance zone established by Austria, and the further restricted zones established by Italy and Poland, in accordance with Delegated Regulation (EU) 2020/687.

  21. Therefore, the areas listed for Germany, Italy, the Netherlands and Poland in the Annex to Implementing Decision (EU) 2021/641 should be amended.

  22. In addition, protection and surveillance zones should be listed for Bulgaria, Czechia, Ireland, Hungary and Slovakia, the surveillance zone should be listed for Austria, and further restricted zones should be listed for Italy and Poland in the Annex to Implementing Decision (EU) 2021/641.

  23. 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 Bulgaria, Czechia, Germany, Ireland, Italy, Hungary, the Netherlands, Poland and Slovakia, of the surveillance zone duly established by Austria, and of the further restricted zones duly established by Italy and Poland, in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein.

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

  25. 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.

  26. 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. The following paragraph is added to Article 1:

    ‘This Decision also establishes at Union level the further restricted zones to be established by the concerned Member States, following an outbreak or outbreaks of highly pathogenic avian influenza in poultry or captive birds, in accordance with Article 21 of Delegated Regulation (EU) 2020/687, and the duration of the measures to be applied in the further restricted zones.’

  2. The following Article 3a is inserted after Article 3:

    The concerned Member States shall ensure that:

    1. the further restricted zones established by their competent authorities, in accordance with Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, comprise at least the areas listed as further restricted zones in Part C of the Annex to this Decision;

    2. the measures to be applied in the further restricted zones as provided for in Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, are maintained until at least the dates for the further restricted zones set out in Part C of the Annex to this Decision.’

  3. The Annex is replaced by the text set out in the Annex to this Decision.

‘Article 3a

The concerned Member States shall ensure that:

  1. the further restricted zones established by their competent authorities, in accordance with Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, comprise at least the areas listed as further restricted zones in Part C of the Annex to this Decision;

  2. the measures to be applied in the further restricted zones as provided for in Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, are maintained until at least the dates for the further restricted zones set out in Part C of the Annex to this Decision.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2021.

For the Commission

Stella Kyriakides

Member of the Commission

ANNEX