(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) 2021/1186 (4) following a further outbreak of HPAI in poultry or captive birds in France that needed to be reflected in that Annex.

(6)

As referred to in Commission Implementing Decision (EU) 2021/239 (5), France notified the Commission of outbreaks of HPAI of H5N8 subtype in holdings where poultry or captive birds were kept in the Pyrénées-Atlantiques department of that Member State. Those kept poultry or captive birds included ducks of rare breed species in a particular establishment. Therefore, for the purpose of the conservation of those ducks of rare breed species, the competent authority of that Member State decided to postpone the killing of the birds in that establishment, in accordance with the derogation provided in Article 13(2), point (c) of Delegated Regulation (EU) 2020/687 and the fulfilment of the conditions provided in Article 13(3) thereof. Consequently, the duration of the restrictions applicable in the protection and surveillance zones established by the competent authority of that Member State for that outbreak in the Pyrénées-Atlantiques department should be extended in compliance with Articles 39 and 55 of Delegated Regulation (EU) 2020/687.Therefore, the duration of the restrictions applicable in those protection and surveillance zones listed for France in the Annex to Implementing Decision (EU) 2021/641 should be amended.

(7)

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

(8)

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 the Annex to Implementing Decision (EU) 2021/641 by this Decision take effect as soon as possible.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,