(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 establishments where poultry or captive birds are kept. 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 around or adjacent to the protection and surveillance 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, Article 2, point (a), Article 3, point (a), and Article 4, point (a) of Implementing Decision (EU) 2023/2447 provide, respectively, 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 that Annex. Article 2, point (b), Article 3, point (b), and Article 4, point (b) of Implementing Decision (EU) 2023/2447 also provide that the measures to be applied in those protection, surveillance, and further restricted zones, in accordance with that Delegated Regulation, must be maintained until at least the dates set out in the Annex to that Implementing Decision.

(5)

The Annex to Implementing Decision (EU) 2023/2447 was last amended by Commission Implementing Decision (EU) 2026/1888 (4) following an outbreak of HPAI in the Netherlands in an establishment where captive birds were kept.

(6)

Since the date of adoption of Implementing Decision (EU) 2026/1888, Germany has notified the Commission of an outbreak of HPAI in that Member State in an establishment where poultry were kept, in the Lower Saxony State.

(7)

Following that outbreak, Germany has taken the 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 Germany and is satisfied that the boundaries of the protection and surveillances zones established for the outbreak described 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 any unjustified disruptions to trade being imposed by third countries, it is necessary to rapidly lay down at Union level, in collaboration with Germany, the protection and surveillance zones established by that Member State, in accordance with Delegated Regulation (EU) 2020/687.

(10)

In the Annex to Implementing Decision (EU) 2023/2447, there are currently no areas listed as protection and surveillance zones for Germany. Therefore, the areas concerned should now be listed as protection and surveillance zones in Germany, to take account of the boundaries of those zones established by that Member State, as well as the required duration of the measures to be applied in those zones, in accordance with Delegated Regulation (EU) 2020/687.

(11)

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

(12)

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

(13)

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