Avian influenza is an infectious viral disease in birds. Infections with avian influenza viruses in domestic poultry and other captive birds cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most species of birds. That disease may have a severe impact on the profitability of poultry farming.

In the event of an outbreak of avian influenza in a Member State, there is a risk that the disease agent may spread to other holdings where poultry or other captive birds are kept. As a result, it may spread from one Member State to other Member States or to third countries through trade in live poultry or other captive birds or their products.

Since early November 2016, 16 Member States (the ‘concerned Member States’), namely Bulgaria, the Czech Republic, Denmark, Germany, Greece, France, Croatia, Italy, Hungary, the Netherlands, Austria, Poland, Romania, Slovakia, Sweden and the United Kingdom, have notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings on their territory where poultry or other captive birds are kept.

The highly pathogenic avian influenza virus of subtype H5N8 has since the end of October 2016 been detected in large numbers of wild birds, mainly of migratory bird species in the Member States listed above and in addition in Ireland, Spain, Portugal and Slovenia.

In most Member States, the causative virus was first found in wild birds, before it was detected in holdings that keep poultry or other captive birds.

Also neighbouring third countries such as the former Yugoslav Republic of Macedonia, Serbia, Switzerland, the Russian Federation and Ukraine have identified the highly pathogenic avian influenza virus of subtype H5N8 on their territories in wild birds or in holdings where poultry or other captive birds are kept.

In response to the outbreaks of highly pathogenic avian influenza of subtype H5N8 in Denmark, Germany, France, Hungary, the Netherlands, Austria and Sweden the Commission adopted several Commission Implementing Decisions on protection measures addressed to these Member States.

Since the adoption of Implementing Decision (EU) 2016/2122 the epidemic has further evolved and extended its geographical range in particular due to the ongoing seasonal movements of wild migratory birds and the occasional spillover to holdings where poultry and other captive birds are kept. Subsequent virus spread between holdings has also occurred in certain areas with a high density of holdings where poultry cannot be sufficiently protected against contacts with wild birds.

Since the adoption of Implementing Decision (EU) 2017/155, Bulgaria, the Czech Republic, Germany, Greece, France, Italy, Hungary, Poland, Romania, Slovakia, Sweden and the United Kingdom have reported further outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry and have taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around outbreaks. In all cases, the Commission examined the measures taken by the concerned Member States in accordance with Directive 2005/94/EC and satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of the concerned Member States, were at a sufficient distance to any holding where an outbreak had been confirmed.

In addition, surveillance zones are still in place in Croatia and Austria due to previous outbreaks in these Member States. Implementing Decision (EU) 2016/2122 was adopted, and subsequently duly amended, in order to rapidly describe at Union level the protection and surveillance zones established in the concerned Member States in accordance with Directive 2005/94/EC, so as to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries.

The current epidemiological situation is still evolving. Highly pathogenic avian influenza virus of subtype H5N8 virus continues to be identified in wild birds and in poultry or other captive birds in many Member States. In addition, a highly pathogenic avian influenza virus of subtype H5N5 has recently been detected in a number of wild birds of different species, mainly found dead, in Germany, Italy, Croatia, Greece, Poland, the Netherlands and Slovenia. Germany has also notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N5 in holdings on its territory where poultry are kept.

Wild birds, in particular wild migratory water birds, are known to be the natural host for avian influenza viruses. The presence of different subtypes of highly pathogenic avian influenza viruses in wild birds is not unusual, but poses a continuing threat for the direct and indirect introduction of those viruses into holdings where poultry or other captive birds are kept with the risk of the possible subsequent virus spread from an infected holding to other holdings. In addition, the risk for re-assortment and the emergence of new virus subtypes increases.

Likewise, the Terrestrial Code of the World Organisation for Animal Health (OIE) recommends for highly pathogenic avian influenza subtypes of both H5 and H7 subtypes, the application of the same standards for international trade in live poultry and poultry products.

Given the evolving epidemiological situation in the Union, and taking into account the seasonality of virus circulation in wild birds, there is a risk that further outbreaks of different subtypes of highly pathogenic avian influenza will occur in the Union in the coming months.

The Commission is therefore together with Member States continuously assessing the epidemiological situation and keeping the measures under review.

For reasons of clarity and taking into account the current co-circulation of two and possibly more different highly pathogenic avian influenza viruses during the current epidemic, it is appropriate to extend the scope of the current protection measures in Implementing Decision (EU) 2016/2122 in order to cover all highly pathogenic avian influenza viruses as defined in Annex I to Directive 2005/94/EC, as well as to keep the Member States, third countries and stakeholders up-to-date on the current epidemiological situation. The protection and surveillance zones that have been established by the competent authorities of the Member States in accordance with Directive 2005/94/EC, should be listed again in a single act and the duration of the regionalisation should be fixed taking into account the epidemiology of highly pathogenic avian influenza.

Implementing Decision (EU) 2016/2122 should therefore be repealed and replaced by this act.

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