(1)

Highly pathogenic avian influenza (HPAI) is an infectious viral disease in birds and can 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 the 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)

On 24 October 2023, the Commission adopted Commission Implementing Decision (EU) 2023/2447 (3) on the basis of Regulation (EU) 2016/429, and it lays down emergency measures at Union level in relation to outbreaks of HPAI.

(4)

In particular, Implementing Decision (EU) 2023/2447 provides that the protection, surveillance and further restricted zones, to be established by the concerned Member States following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, must comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision. It also provides that the measures to be applied in those zones, in accordance with that Delegated Regulation, must be maintained until at least the dates set out in that Annex.

(5)

The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2025/1712 (4) following outbreaks of HPAI in Spain in establishments where poultry were kept, which needed to be reflected in that Annex.

(6)

Since the date of adoption of Implementing Decision (EU) 2025/1712, Spain and Portugal notified the Commission of outbreaks of HPAI in establishments where captive birds were kept, located in the Bizkaia province in Spain and the district of Setúbal in Portugal.

(7)

Following those outbreaks, Spain and Portugal have taken the disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around those outbreaks.

(8)

The Commission has examined the disease control measures taken by Spain and Portugal and it is satisfied that the boundaries of the protection and surveillances zones established by those Member States are at a sufficient distance from the establishments where the outbreaks of HPAI have been confirmed.

(9)

In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Portugal.

(10)

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 lay down at Union level, in collaboration with Spain and Portugal, the protection and surveillance zones established by those Member States, in accordance with Delegated Regulation (EU) 2020/687.

(11)

Therefore, the areas listed as protection and surveillance zones for Spain in the Annex to Implementing Decision (EU) 2023/2447 should be updated.

(12)

In addition, the protection and surveillance zones for Portugal should be listed in the Annex to Implementing Decision (EU) 2023/2447.

(13)

Accordingly, the Annex to Implementing Decision (EU) 2023/2447 should be amended to update regionalisation at Union level in order to take account of the protection and surveillance zones established by Spain and Portugal, in accordance with Delegated Regulation (EU) 2020/687, as well as to set out the duration of the measures applicable therein.

(14)

Implementing Decision (EU) 2023/2447 should therefore be amended accordingly.

(15)

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) 2023/2447 by this Decision take effect as soon as possible.

(16)

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