The Commission further specified, in relation to the systematic violation of European law on environmental impact assessment (EIA) and the protection of important bird areas (IBAs) and special protection areas (SPAs), that it would assess the reply from the Bulgarian Government received on 4 March and would decide what steps to take.

4. Programmes of measures established pursuant to this Article shall include spatial protection measures, contributing to coherent and representative networks of marine protected areas, adequately covering the diversity of the constituent ecosystems, such as special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive, and marine protected areas as agreed by the Community or Member States concerned in the framework of international or regional agreements to which they are parties.

2. A Member State establishing a programme of measures shall include amongst the measures in its programme the use of spatial protection measures, including but not limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, the use of special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (the Birds Directive), and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

2. A Member State establishing a programme of measures shall include amongst the measures in its programme the use of spatial protection measures, including but not limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, the use of special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (the Birds Directive), and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

2a. If the outbreak of HPAI is confined in a non-commercial holding/pet bird holding, circus, zoo, pet bird shop or wildlife park, or in a fenced area where other birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of other birds that do not contain poultry, the competent authority may, following a veterinary risk assessment, derogate to the extent necessary from the provisions of Sections 3 to 5 concerning the establishment of the protection and surveillance zone and the measures to be applied therein, provided that such derogations do not j ...[+++]eopardise disease control.

Getterön is a bird protection area and a nature reserve and is also listed under Natura 2000 pursuant to Directive 79/409/EEC on the protection of wild birds.