Commission Implementing Decision (EU) 2024/1184of 17 April 2024amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States(Text with EEA relevance)

Commission Implementing Decision (EU) 2024/1184 of 17 April 2024 amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) OJ L 84, 31.3.2016, p. 1. , and in particular Article 259(1), point (c), thereof, Whereas: (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 a new 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 Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64, ELI: http://data.europa.eu/eli/reg_del/2020/687/oj). 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 Commission Implementing Decision (EU) 2023/2447 of 24 October 2023 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2023/2447, 30.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2447/oj). 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 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) 2024/1066 Commission Implementing Decision (EU) 2024/1066 of 5 April 2024 amending the Annex to Implementing Decision (EU) 2023/2447 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L, 2024/1066, 10.4.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1066/oj). following outbreaks of HPAI in poultry in Bulgaria that needed to be reflected in that Annex. (6) Since the date of adoption of Implementing Decision (EU) 2024/1066, Bulgaria has notified the Commission of new outbreaks of HPAI in establishments where poultry were kept, located in Haskovo and Kardzhali regions in Bulgaria. (7) The competent authority of Bulgaria 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 outbreaks. (8) The Commission has examined the disease control measures taken by Bulgaria in collaboration with that Member State, and it is satisfied that the boundaries of the protection and surveillances zones established by the competent authority of Bulgaria are at a sufficient distance from the establishments where the outbreaks of HPAI have 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 Bulgaria, 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 Bulgaria 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 Bulgaria in accordance with Delegated Regulation (EU) 2020/687, and the duration of the measures applicable therein. (12) Implementing Decision (EU) 2023/2447 should therefore be amended accordingly. (13) 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. (14) 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:

Article 1

The Annex to Implementing Decision (EU) 2023/2447 is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States. Done at Brussels, 17 April 2024. For the Commission Stella Kyriakides Member of the Commission

Annex

ANNEX

Part A Protection zones in the concerned Member States as referred to in Article 1, point (a), and Article 2: Member State: Bulgaria ADIS reference number of the outbreakArea comprising:Date until applicable in accordance with Article 39 of Delegated Regulation (EU) 2020/687Haskovo Region BG-HPAI(P)-2024-00010 BG-HPAI(P)-2024-00011 The following villages in Haskovo municipality: Haskovo Voyvodovo Manastir Konush 15.5.2024Kardzhali RegionBG-HPAI(P)-2024-00012 The following villages in Krumovgrad municipality: Doborsko Bagriltsi Chal Perunika 5.5.2024Pazardzhik RegionBG-HPAI(P)-2024-00008 The following village in Septemvri municipality: Vetren The following village in Belovo municipality: Akandzhievo 16.4.2024Plovdiv RegionBG-HPAI(P)-2024-00009 The following village in Rodopi municipality: Tsalapitsa The following village in Stamboliyski municipality: Stamboliyski 28.4.2024 Part B Surveillance zones in the concerned Member States as referred to in Article 1, point (a), and Article 3: Member State: Bulgaria ADIS reference number of the outbreakArea comprising:Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687Haskovo Region BG-HPAI(P)-2024-00010 BG-HPAI(P)-2024-00011 The following villages in Haskovo municipality: Haskovo Voyvodovo Manastir Konush 16.5.2024 – 24.5.2024 The following villages in Haskovo municipality: Klokotnitsa Manastir Malevo Stamboliyski Dinevo Podkrepa Uzumddzhovo Haskovo Knizhovnik Dolno Voyvodino Orlovo Dolno Golemantsi Mandra Kozlets Teketo Galabets Trakiets Vaglarovo 24.5.2024 The following village in Dimitrovgrad municipality: Krepost Chernogorovo Voden 24.5.2024BG-HPAI(P)-2024-00012 The following village in Ivaylovgrad municipality: Bubino Popsko Belopoltsi Paskul Konnici Vetruska Vis 14.5.2024Kardzhali RegionBG-HPAI(P)-2024-00012 The following villages in Krumovgrad municipality: Doborsko Bagriltsi Chal Perunika 6.5.2024 – 14.5.2024 The following villages in Krumovgrad municipality: Krumovgrad Chernooki Tintyava Kalaydzhievo Podrumche Guliyka Pelin Rogach Slivarka Edrino Kamenka Polkovnik Zhelyazovo Kachulka Kovil Dzhanka Padalo 14.5.2024 Pazardzhik RegionBG-HPAI(P)-2024-00008 The following village in Septemvri municipality: Vetren The following village in Belovo municipality: Akandzhievo 17.4.2024 – 25.4.2024 The following villages in Septemvri municipality: Septemvri Dolno Varshilo Gorno Varshilo Slavovitsa Vinogradets Karabunar 25.4.2024 The following villages in Belovo municipality: Belovo Dabravite Menenkiovo Momina klisura 25.4.2024 The following villages in Lesichovo municipality: Lesichovo Tserovo 25.4.2024BG-HPAI(P)-2024-00009 The following villages in Pazardzhik municipality: Hadzhievo Govedare Malo Konare 7.5.2024 Plovdiv RegionBG-HPAI(P)-2024-00009 The following village in Rodopi municipality: Tsalapitsa The following village in Stamboliyski municipality: Stamboliyski 29.4.2024 – 7.5.2024 The following villages in Maritsa municipality: Voisil Benkovski Radinovo Kostievo The following villages in Rodopi municipality:

Orizari Kadievo Zlatitrap The following villages in Stamboliyski municipality: Yoakim Gruevo Kurtovo Konare Novo selo Trivoditsi 7.5.2024 Member State: Sweden ADIS reference number of the outbreakArea comprising:Date until applicable in accordance with Article 55 of Delegated Regulation (EU) 2020/687SE-HPAI(P)-2024-00003The area of the parts of the municipality of Svedala extending beyond the area described in the protection zone and within the circle of a radius of 10 kilometres, centred on WGS84 dec. coordinates N 55.598688 and E 13.267466.18.4.2024Those parts of the municipality of Svedala contained within a circle of a radius of three kilometres, centred on WGS84 dec. coordinates N 55.598688 and E 13.267466.10.4.2024 – 18.4.2024 Part C Further restricted zones in the concerned Member States as referred to in Article 1, point (b), and Article 4: Member State: None Area comprising:Date until measures are to remain applicable in accordance with Article 3a

In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023, OJ L 102, 17.4.2023, p.87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.