L 36/62 EN Official Journal of the European Union 11.2.2017 COMMISSION IMPLEMENTING DECISION (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2017) 1044) (Text with EEA relevance) 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) 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. (2) 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. (3) Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. This regionalisation is applied in particular to preserve the health status of birds in the remainder of the territory of the Member State by preventing the introduction of the pathogenic agent and ensuring the early detection of the disease. (4) 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. (5) 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. (6) 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. (1) OJ L 395, 30.12.1989, p. 13. (2) OJ L 224, 18.8.1990, p. 29. (3) 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). 11.2.2017 EN Official Journal of the European Union L 36/63 (7) 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. (8) 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. (9) For reasons of clarity and in order to keep the Member States, third countries and stakeholders up-to-date on the evolution of the epidemiological situation, Commission Implementing Decision (EU) 2016/2122 (1) was adopted to list in one Union act the protection and surveillance zones established by the competent authority of the concerned Member States following outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings on their territory in accordance with Directive 2005/94/EC. The concerned Member States are listed in the Annex to that Implementing Decision. (10) 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. (11) Implementing Decision (EU) 2016/2122 was subsequently amended by Commission Implementing Decisions (EU) 2016/2219 (2), (EU) 2016/2279 (3), (EU) 2016/2367 (4), (EU) 2017/14 (5), (EU) 2017/116 (6) and (EU) 2017/155 (7) following further outbreaks of highly pathogenic avian influenza of subtype H5N8 in Bulgaria, the Czech Republic, Germany, Greece, France, Croatia, Italy, Hungary, the Netherlands, Austria, Poland, Romania, Slovakia, Sweden and the United Kingdom. (12) 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. (13) 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. (1) Commission Implementing Decision (EU) 2016/2122 of 2 December 2016 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 329, 3.12.2016, p. 75). (2) Commission Implementing Decision (EU) 2016/2219 of 8 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 334, 9.12.2016, p. 52). (3) Commission Implementing Decision (EU) 2016/2279 of 15 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 342, 16.12.2016, p. 71). (4) Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 350, 22.12.2016, p. 42). (5) Commission Implementing Decision (EU) 2017/14 of 5 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 4, 7.1.2017, p. 10). (6) Commission Implementing Decision (EU) 2017/116 of 20 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 18, 24.1.2017, p. 53). (7) Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25). L 36/64 EN Official Journal of the European Union 11.2.2017 (14) 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. (15) 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.