# L_2015203EN.01002501.xml

| 31.7.2015 | EN | Official Journal of the European Union | L 203/25 |
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31.7.2015

EN

Official Journal of the European Union

L 203/25

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COMMISSION IMPLEMENTING DECISION (EU) 2015/1319

of 29 July 2015

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Germany

(notified under document C(2015) 5501)

(notified under document C(2015) 5501)

(Only the German text is authentic)

(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,

1

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,

2

Whereas:

| (1) | Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry 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 poultry species. That disease may have a severe impact on the profitability of poultry farming. |
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(1)

Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry 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 poultry species. That disease may have a severe impact on the profitability of poultry farming.

| (2) | Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low. |
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(2)

Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

| (3) | In the event of an outbreak of avian influenza, there is a risk that the disease agent might 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 birds or their products. |
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(3)

In the event of an outbreak of avian influenza, there is a risk that the disease agent might 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 birds or their products.

| (4) | 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. |
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(4)

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.

3

| (5) | Germany notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding on its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones. |
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(5)

Germany notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding on its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones.

| (6) | The Commission has examined those measures in collaboration with Germany, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authority in that Member State, are at a sufficient distance to the actual holding where the outbreak was confirmed. |
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(6)

The Commission has examined those measures in collaboration with Germany, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authority in that Member State, are at a sufficient distance to the actual holding where the outbreak was 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 define the protection and surveillance zones established in Germany at Union level in collaboration with that Member State. |
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(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 define the protection and surveillance zones established in Germany at Union level in collaboration with that Member State.

| (8) | Accordingly, the protection and surveillance zones in Germany, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be defined in the Annex to this Decision and the duration of that regionalisation fixed. |
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(8)

Accordingly, the protection and surveillance zones in Germany, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be defined in the Annex to this Decision and the duration of that regionalisation fixed.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(9)

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

Germany shall ensure that the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC comprise at least the areas listed as protection and surveillance zones in Parts A and B of the Annex to this Decision.

Article 2

This Decision shall apply until 31 December 2015.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 29 July 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  OJ L 395, 30.12.1989, p. 13.

1

(2)  OJ L 224, 18.8.1990, p. 29.

2

(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).

3

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ANNEX

Part A

Protection zone as referred to in Article 1:

| ISO Country Code | Member State | Code
  (if available) | Name | Date until applicable in accordance with Article 29 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| DE | Germany | Postal/ADNS code | Area comprising: | |
| | | EMSLAND 03454 | In Lower Saxony in the Landkreis Emsland the following parts:
  Herzlake; starting at Wettruper Damm, Birkenweg, Pappelweg, Moorstraße, Am Esch, K 241, Hauptstraße, L 55, Schullenpool, Burgstraße, K 208, Unterm Bookhof, Kampweg, Andruper Weg, An der Drake, Beel, Südradde (Hase) up to level of Essenbeel, then in an L-shaped line up to the B213 road, Zum Klingenberg, K 256, Alter Kirchweg, Im Dorfe (K 256), Oling up to the Große Hase river, district border along the Große Hase as far as Hahnenmoorkanal, Hahenmoorkanal as far as L 128, Siedlerstraße, Friesenstraße up to district border, district border as far as Wettruper Damm. | 19.8.2015 |

ISO Country Code

Member State

Code

(if available)

Name

Date until applicable in accordance with Article 29 of Directive 2005/94/EC

DE

Germany

Postal/ADNS code

Area comprising:

EMSLAND 03454

In Lower Saxony in the Landkreis Emsland the following parts:

Herzlake; starting at Wettruper Damm, Birkenweg, Pappelweg, Moorstraße, Am Esch, K 241, Hauptstraße, L 55, Schullenpool, Burgstraße, K 208, Unterm Bookhof, Kampweg, Andruper Weg, An der Drake, Beel, Südradde (Hase) up to level of Essenbeel, then in an L-shaped line up to the B213 road, Zum Klingenberg, K 256, Alter Kirchweg, Im Dorfe (K 256), Oling up to the Große Hase river, district border along the Große Hase as far as Hahnenmoorkanal, Hahenmoorkanal as far as L 128, Siedlerstraße, Friesenstraße up to district border, district border as far as Wettruper Damm.

19.8.2015

Part B

Surveillance zone as referred to in Article 1:

| ISO Country Code | Member State | Code
  (if available) | Name | Date until applicable in accordance with Article 31 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| DE | Germany | Postal/ADNS code | Area comprising: | |
| | | EMSLAND 03454 | In Lower Saxony: | Landkreis Cloppenburg:
  On the northern side of the district border along Vinner Weg und Birkenweg to Löningen, then further along Dr Lübbers-Weg, Langenstraße, Hasestraße, Röpker Weg, Röpker Straße and Zur Moorburg up to the district border, then along that border to the starting point at Vinner Weg. |

ISO Country Code

Member State

Code

(if available)

Name

Date until applicable in accordance with Article 31 of Directive 2005/94/EC

DE

Germany

Postal/ADNS code

Area comprising:

EMSLAND 03454

In Lower Saxony:

Landkreis Cloppenburg:

On the northern side of the district border along Vinner Weg und Birkenweg to Löningen, then further along Dr Lübbers-Weg, Langenstraße, Hasestraße, Röpker Weg, Röpker Straße and Zur Moorburg up to the district border, then along that border to the starting point at Vinner Weg.

| | Landkreis Emsland:
  Wettrup, starting at Bahnhofstraße (in a south-easterly direction), Im Felde, Bergerstraße, Haselünner Straße, K 317, Alte Haselünner Straße, Moorhook, Steppenberger Straße, Penninghuser Straße, Walldamm, K 233, Hestruper Mühlenbach, Lotter Beeke, ‘Feldweg’ as far as Droper Straße, Lotter Beeke as far as Hase river, Hammer-Tannen-Straße, Industriestraße, Hammerstraße, Schwarzenbergweg, Meppener Straße, Im Fehn, Diekstraße, Sandstraße, Am Schullenriedengraben, Meppener Straße, B 402, Stadtmark, K 207, Am Sportplatz, Alter Kirchweg, K 207, Alte Schulstraße, Am Jugendheim, Zum Herthum, ‘Feldweg’ to Middelradde, ‘Feldweg’ to Buchenweg, Buchenweg, Berßener Straße, Mittelradde, Hüvener Straße, ‘Feldweg’ to Oststraße, Oststraße, Ahmsener Straße, Lahner Straße, Alte Dorfstraße, Am Neuland, Zur Waldbühne, ‘Feldweg’ to Vinner Straße, Vinner Straße, Up'n Sande, Riehen, Im Dorf, Am Sportplatz, Im England, Löninger Straße, district border as far as Bahnhofstraße. |
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Landkreis Emsland:

Wettrup, starting at Bahnhofstraße (in a south-easterly direction), Im Felde, Bergerstraße, Haselünner Straße, K 317, Alte Haselünner Straße, Moorhook, Steppenberger Straße, Penninghuser Straße, Walldamm, K 233, Hestruper Mühlenbach, Lotter Beeke, ‘Feldweg’ as far as Droper Straße, Lotter Beeke as far as Hase river, Hammer-Tannen-Straße, Industriestraße, Hammerstraße, Schwarzenbergweg, Meppener Straße, Im Fehn, Diekstraße, Sandstraße, Am Schullenriedengraben, Meppener Straße, B 402, Stadtmark, K 207, Am Sportplatz, Alter Kirchweg, K 207, Alte Schulstraße, Am Jugendheim, Zum Herthum, ‘Feldweg’ to Middelradde, ‘Feldweg’ to Buchenweg, Buchenweg, Berßener Straße, Mittelradde, Hüvener Straße, ‘Feldweg’ to Oststraße, Oststraße, Ahmsener Straße, Lahner Straße, Alte Dorfstraße, Am Neuland, Zur Waldbühne, ‘Feldweg’ to Vinner Straße, Vinner Straße, Up'n Sande, Riehen, Im Dorf, Am Sportplatz, Im England, Löninger Straße, district border as far as Bahnhofstraße.

| | Landkreis Osnabrück: | In the municipality of Bippen:
  From the south-western district border along the L 60 Lingener Straße in the direction of Ohrtermersch, right into Zum Scherpenberg, left into Alte Schulstraße, left into Fangstraße, left into Bramhof, across Bippener Straße L 73, Bergstraße, right into Kreuzweg, left into Lindlage, crossing to municipality of Berge. |
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Landkreis Osnabrück:

In the municipality of Bippen:

From the south-western district border along the L 60 Lingener Straße in the direction of Ohrtermersch, right into Zum Scherpenberg, left into Alte Schulstraße, left into Fangstraße, left into Bramhof, across Bippener Straße L 73, Bergstraße, right into Kreuzweg, left into Lindlage, crossing to municipality of Berge.

| | In the municipality of Berge:
  From Lindlage to Upberg, Tiefer Weg, Rübbelhauk, right into Kampstraße, left into Kirchweg, right into Asterfeldstraße, left into Am Eiskenberg, right into Fienenmoorweg, Zum weißen Pfahl, Antener Straße, crossing to municipality of Menslage, |
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In the municipality of Berge:

From Lindlage to Upberg, Tiefer Weg, Rübbelhauk, right into Kampstraße, left into Kirchweg, right into Asterfeldstraße, left into Am Eiskenberg, right into Fienenmoorweg, Zum weißen Pfahl, Antener Straße, crossing to municipality of Menslage,

| | In the municipality of Menslage:
  From Antener Straße, left into Reuterweg, Hahler Beeke, upstream along Kleine Hase, left into Thündamm as far as the district border, then along that border back to starting point. |
| --- | --- |

In the municipality of Menslage:

From Antener Straße, left into Reuterweg, Hahler Beeke, upstream along Kleine Hase, left into Thündamm as far as the district border, then along that border back to starting point.

28.8.2015

EMSLAND 03454

In Lower Saxony in the Landkreis Emsland the following parts:

Herzlake; starting at Wettruper Damm, Birkenweg, Pappelweg, Moorstraße, Am Esch, K 241, Hauptstraße, L 55, Schullenpool, Burgstraße, K 208, Unterm Bookhof, Kampweg, Andruper Weg, An der Drake, Beel, Südradde (Hase) up to level of Essenbeel, then in an L-shaped line up to the B213 road, Zum Klingenberg, K 256, Alter Kirchweg, Im Dorfe (K 256), Oling up to the Große Hase river, district border along the Große Hase as far as Hahnenmoorkanal, Hahenmoorkanal as far as L 128, Siedlerstraße, Friesenstraße up to district border, district border as far as Wettruper Damm.

20.8 - 28.8.2015

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