THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular Article 10(4) thereof,
Whereas:
(1) Commission Implementing Decision (EU) 2017/247(3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5 in a number of Member States (‘the concerned Member States’) and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Council Directive 2005/94/EC(4).
(2) Implementing Decision (EU) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned Member States in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision.
(3) Following further outbreaks of highly pathogenic avian influenza of subtype H5 in the Union, namely in Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Hungary, Austria, Poland, Romania, Slovakia and the United Kingdom, the Annex to Implementing Decision (EU) 2017/247 was amended by Commission Implementing Decision (EU) 2017/417(5) in order to amend the areas listed in the Annex to Implementing Decision (EU) 2017/247 to take account of developments in the epidemiological situation in the Union and the establishment of new protection and surveillance zones by the competent authorities of those Member States, in accordance with Directive 2005/94/EC.
(4) Since the date of the amendments made to Implementing Decision (EU) 2017/247 by Implementing Decision (EU) 2017/417, the Czech Republic, Germany, France, Croatia, Italy, Austria, Poland and Romania have notified the Commission of further outbreaks of avian influenza of subtype H5 in holdings outside the areas listed in the Annex to Implementing Decision (EU) 2017/247, as amended by Implementing Decision (EU) 2017/417, where poultry or other captive birds are kept and they have taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around those new outbreaks.
(5) In addition, Germany has established a surveillance zone in accordance with Directive 2005/94/EC in relation to an outbreak confirmed in the Czech Republic.
(6) In all cases, the Commission has examined the measures taken by the Czech Republic, Germany, France, Croatia, Italy, Austria Poland and Romania in accordance with Directive 2005/94/EC and has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of those Member States, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype H5 has been confirmed.
(7) 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 the Czech Republic, Germany, France, Croatia, Italy, Austria, Poland and Romania, the new protection and surveillance zones established in those Member States in accordance with Directive 2005/94/EC. Therefore, the areas listed for those Member States in the Annex to Implementing Decision (EU) 2017/247 should be amended.
(8) Accordingly, the Annex to Implementing Decision (EU) 2017/247 should be amended to update regionalization at Union level to include the new protection and surveillance zones established in accordance with Directive 2005/94/EC and the duration of the restrictions applicable therein.
(9) Implementing Decision (EU) 2017/247 should therefore be amended accordingly.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).
Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).
Commission Implementing Decision (EU) 2017/417 of 7 March 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).