(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)

Commission Implementing Decision (EU) 2023/2447 (3) was adopted within the framework of Regulation (EU) 2016/429 and it lays down emergency measures at Union level in relation to outbreaks of HPAI.

(4)

More particularly, Implementing Decision (EU) 2023/2447 provides that the protection, surveillance and further restricted zones, established by the Member States concerned following outbreaks of HPAI, in accordance with Delegated Regulation (EU) 2020/687, are to comprise at least the areas listed as protection, surveillance and further restricted zones in the Annex to that Implementing Decision.

(5)

The Annex to Implementing Decision (EU) 2023/2447 was recently amended by Commission Implementing Decision (EU) 2024/2214 (4) following an outbreak of HPAI in poultry in Poland, which needed to be reflected in that Annex.

(6)

Since the date of adoption of Implementing Decision (EU) 2024/2214, France has notified the Commission of an outbreak of HPAI, in an establishment where poultry were kept, located in the Finistère department.

(7)

France has taken the necessary disease control measures required in accordance with Delegated Regulation (EU) 2020/687, including the establishment of protection and surveillance zones around the outbreak.

(8)

The Commission has examined the disease control measures taken by France, and it is satisfied that the boundaries of the protection and surveillances zones established by France are at a sufficient distance from the establishment where the outbreak of HPAI has been confirmed.

(9)

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 France, the protection and surveillance zones duly established by that Member State in accordance with Delegated Regulation (EU) 2020/687.

(10)

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

(11)

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

(12)

In addition, Implementing Decision (EU) 2023/2447 applies until 30 September 2024. However, the duration of the restrictions applicable in the surveillance zone established by France in accordance with Delegated Regulation (EU) 2020/687 extends beyond 30 September 2024.

(13)

Moreover, due to the ongoing findings of HPAI viruses in wild birds in the Union, and particularly the risks of the spread of that disease by migratory wild birds during the upcoming migration seasons, there is an increasing risk of further outbreaks in poultry and captive birds.

(14)

It is therefore appropriate to prolong the period of application of Implementing Decision (EU) 2023/2447 until 30 September 2025, to cover the upcoming annual migration seasons of migratory wild birds. This prolongation also takes into account current developments in the epidemiological situation in the Union as regards HPAI and the corresponding risks to animal health resulting from possible further outbreaks of that disease.

(15)

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

(16)

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.

(17)

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

1.

in Article 5, the date ‘30 September 2024’ is replaced by the date ‘30 September 2025’;

2.

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