(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. The presence of HPAI viruses in wild birds poses a continuous threat for the direct and indirect introduction of these viruses into establishments where poultry or captive birds are kept, particularly during the autumn and spring migrations of migratory birds when these birds can spread these viruses over long distances. In the event of an outbreak of HPAI in establishments where poultry or captive birds are kept, there is a risk that the disease agent may spread to other such establishments.

(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 HPAI. In particular, Article 21 of that Delegated Regulation provides that in the event of an outbreak of a category A disease in an establishment, the competent authority is to immediately establish a restricted zone comprising a protection zone, a surveillance zone, and if necessary, further restricted zones.

(3)

Commission Implementing Decision (EU) 2023/2447 (3) was adopted 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, Articles 2, 3, and 4 of Implementing Decision (EU) 2023/2447 provide that following outbreaks of HPAI, the protection, surveillance, and further restricted zones to be established 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, and 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 last amended by Commission Implementing Decision (EU) 2026/2187 (4), following an outbreak of HPAI in Bulgaria in an establishment where poultry were kept.

(6)

Since the date of adoption of Implementing Decision (EU) 2026/2187, Belgium and Bulgaria have notified the Commission of outbreaks of HPAI in establishments where poultry or captive birds were kept. In particular, these notifications concerned two outbreaks in captive birds in the Antwerp and Limburg provinces in Belgium, and one outbreak in poultry in the Plovdiv region in Bulgaria.

(7)

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

(8)

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

(9)

In addition, Bulgaria has informed the Commission that the cleaning and disinfection in the establishment affected by outbreak BG-HPAI(P)-2026-00011, located in the Plovdiv region has been completed later than expected. Therefore, the duration of the protection and surveillance zones established for that outbreak by Bulgaria, as listed in the Annex to Implementing Decision (EU) 2023/2447, needs to be extended, in accordance with Article 39 and Article 55 of Delegated Regulation (EU) 2020/687.

(10)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid any unjustified disruptions to trade being imposed by third countries, it is necessary to rapidly lay down at Union level, in collaboration with Belgium and Bulgaria, 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 Belgium and Bulgaria in the Annex to Implementing Decision (EU) 2023/2447 should be amended, to take account of the boundaries of the protection and surveillance zones established by those Member States following the new HPAI outbreaks therein, as well as the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(12)

In addition, the dates until which the measures are to be applied in the protection and surveillance zones established by Bulgaria for outbreak BG-HPAI(P)-2026-00011, as listed in the Annex to Implementing Decision (EU) 2023/2447, should be amended to take account of the extended duration of the restrictions.

(13)

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

(14)

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.

(15)

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