Commission Implementing Decision (EU) 2021/641 of 16 April 2021 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 2704) (Text with EEA relevance)

Article 1

This Decision establishes at Union level the protection and surveillance zones to be established by the Member States listed in the Annex to this Decision (the concerned Member States), following an outbreak or outbreaks of highly pathogenic avian influenza in poultry or captive birds, in accordance with Article 21 of Delegated Regulation (EU) 2020/687, and the duration of the measures to be applied in the protection zones in accordance with Article 39 and in the surveillance zones in accordance with Article 55 of that Delegated Regulation.

This Decision also establishes at Union level the further restricted zones to be established by the concerned Member States, following an outbreak or outbreaks of highly pathogenic avian influenza in poultry or captive birds, in accordance with Article 21 of Delegated Regulation (EU) 2020/687, and the duration of the measures to be applied in the further restricted zones.

This Decision lays down rules concerning movements of consignments of poultry, captive birds, hatching eggs and specific pathogen-free eggs from the further restricted zones listed in Part C of the Annex to this Decision, where a derogation has been granted, in accordance with Article 23 of Delegated Regulation (EU) 2020/687, permitting such movements.

Article 2

The concerned Member States shall ensure that:

• (a) the protection zones established by their competent authorities, in accordance with Article 21(1), point (a), of Delegated Regulation (EU) 2020/687, comprise at least the areas listed as protection zones in Part A of the Annex to this Decision;

• (b) the measures to be applied in the protection zones, as provided for in Article 39 of Delegated Regulation (EU) 2020/687, are maintained until at least the dates for the protection zones set out in Part A of the Annex to this Decision.

Article 3

The concerned Member States shall ensure that:

• (a) the surveillance zones established by their competent authorities in accordance with Article 21(1), point (b), of Delegated Regulation (EU) 2020/687, comprise at least the areas listed as surveillance zones in Part B of the Annex to this Decision;

• (b) the measures to be applied in the surveillance zones, as provided for in Article 55 of Delegated Regulation (EU) 2020/687, are maintained until at least the dates for the surveillance zones set out in Part B of the Annex to this Decision.

Article 3a

The concerned Member States shall ensure that:

• (a) the further restricted zones established by their competent authorities, in accordance with Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, comprise at least the areas listed as further restricted zones in Part C of the Annex to this Decision;

• (b) the measures to be applied in the further restricted zones as provided for in Article 21(1), point (c), of Delegated Regulation (EU) 2020/687, are maintained until at least the dates for the further restricted zones set out in Part C of the Annex to this Decision;

• (c) when after a positive outcome of a risk assessment a derogation has been granted by the competent authority of a concerned Member State, in accordance with Article 23 of Delegated Regulation (EU) 2020/687, permitting the movement of consignments of poultry, captive birds, hatching eggs and specific pathogen-free eggs from further restricted zones listed in Part C of the Annex to this Decision to other Member States, the concerned Member States shall ensure that those consignments are accompanied by the relevant animal health certificate or animal health/official certificate set out in Annex I to Commission Implementing Regulation (EU) 2021/403 ([^E0001]) which must contain the following attestation: ‘The consignment complies with the provisions laid down in Article 3a of Commission Implementing Decision (EU) 2021/641’.

Article 4

This Decision shall apply from 21 April 2021 until  30 September 2023.

Article 5

This Decision is addressed to the Member States.

ANNEX

Part A

Protection zones in the concerned Member States ([^E0002]) as referred to in Articles 1 and 2:

Member State: Denmark

Member State: Germany

Member State: France

Member State: Italy

Member State: the Netherlands

Part B

Surveillance zones in the concerned Member States (*1)  as referred to in Articles 1 and 3:

Member State: Denmark

Member State: Germany

Member State: France

Member State: Italy

Member State: the Netherlands

Member State: Poland

Member State: Sweden

[^E0001]: Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).

[^E0002]: 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 Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex, references to Member State include the United Kingdom in respect of Northern Ireland.