# L_2015317EN.01003701.xml

| 3.12.2015 | EN | Official Journal of the European Union | L 317/37 |
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3.12.2015

EN

Official Journal of the European Union

L 317/37

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COMMISSION IMPLEMENTING DECISION (EU) 2015/2239

of 2 December 2015

concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France

(notified under document C(2015) 8755)

(Only the French 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,

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, 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.

| (5) | France notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) of the subtype H5 namely H5N1 and H5N2 in holdings on its territory where poultry or other captive birds are kept. |
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(5)

France notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) of the subtype H5 namely H5N1 and H5N2 in holdings on its territory where poultry or other captive birds are kept.

| (6) | Ongoing laboratory investigations including sequencing in order to further characterise the causative virus of the first outbreak suggest that the genetics of the HPAI H5N1 virus strain are different from the HPAI virus of the H5N1 subtype that first appeared in Europe in 2005. Rather it appears that the HPAI virus strain of the H5N1 subtype detected in France recently mutated from a low pathogenic form previously detected in the Union to a virus of high pathogenicity. It appears therefore not necessary to apply the same additional protection measures as those laid down in Commission Decision 2006/415/EC (4) which were specifically adopted for the highly pathogenic avian influenza virus of H5N1 subtype that first appeared in Europe in 2005. |
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(6)

Ongoing laboratory investigations including sequencing in order to further characterise the causative virus of the first outbreak suggest that the genetics of the HPAI H5N1 virus strain are different from the HPAI virus of the H5N1 subtype that first appeared in Europe in 2005. Rather it appears that the HPAI virus strain of the H5N1 subtype detected in France recently mutated from a low pathogenic form previously detected in the Union to a virus of high pathogenicity. It appears therefore not necessary to apply the same additional protection measures as those laid down in Commission Decision 2006/415/EC (4) which were specifically adopted for the highly pathogenic avian influenza virus of H5N1 subtype that first appeared in Europe in 2005.

| (7) | France took therefore immediately control measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones. |
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(7)

France took therefore immediately control measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones.

| (8) | The Commission has examined those measures in collaboration with France, 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 holdings where the outbreaks were confirmed. |
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(8)

The Commission has examined those measures in collaboration with France, 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 holdings where the outbreaks were 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 define the protection and surveillance zones established in France at Union level in collaboration with that Member State. |
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(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 define the protection and surveillance zones established in France at Union level in collaboration with that Member State.

| (10) | Accordingly, the protection and surveillance zones in France, 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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(10)

Accordingly, the protection and surveillance zones in France, 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.

| (11) | 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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(11)

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

France 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 March 2016.

Article 3

This Decision is addressed to the French Republic.

Done at Brussels,2 December 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

(4)  Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (OJ L 164, 16.6.2006, p. 51).

4

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ANNEX

Part A

Protection zone as referred to in Article 1:

| ISO Country Code | Member State | Postal code | Name | Date until applicable in accordance with Article 29 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| FR | France | | Area comprising the communes of: | |
| | | 24042
  24055
  24069
  24115
  24520
  24561 | Biras
  Bourdeilles
  Bussac
  Château-L'Evêque
  Sencenac-Puy-De-Fourches
  Valeul | 13.12.2015 |
| 24095
  24481 | Chaleix
  Saint-Paul-la-Roche | 23.12.2015 |
| 24082
  24152
  24207
  24587 | Carsac-Aillac
  Domme
  Groléjac
  Vitrac | 24.12.2015 |

ISO Country Code

Member State

Postal code

Name

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

FR

France

Area comprising the communes of:

24042

24055

24069

24115

24520

24561

Biras

Bourdeilles

Bussac

Château-L'Evêque

Sencenac-Puy-De-Fourches

Valeul

13.12.2015

24095

24481

Chaleix

Saint-Paul-la-Roche

23.12.2015

24082

24152

24207

24587

Carsac-Aillac

Domme

Groléjac

Vitrac

24.12.2015

Part B

Surveillance zone as referred to in Article 1:

| ISO Country Code | Member State | Postal code | Name | Date until applicable in accordance with Article 31 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| FR | France | | Area comprising the communes of: | |
| H5N1 | | 24002
  24010
  24064
  24098
  24102
  24108
  24129
  24135
  24144
  24170
  24198
  24200
  24243
  24266
  24286
  24319
  24430
  24553 | Agonac
  Annesse-et-Beaulieu
  Brantome
  Champcevinel
  Chancelade
  La Chapelle-Gonaguet
  Condat-Sur Trincou
  Cornille
  Creyssac
  Eyvirat
  La Gonterie-Boulouneix
  Grand-Brassac
  Lisle
  Mensignac
  Montagrier
  Paussac-Et-Saint-Vivien
  Saint-Julien-De-Bourdeilles
  Tocane-Saint-Apre | 22.12.2015 |
| 24042
  24055
  24069
  24115
  24520
  24561 | Biras
  Bourdeilles
  Bussac
  Château-L'Evêque
  Sencenac-Puy-De-Fourches
  Valeul | 14.12.-.12.2015 |
| 24133
  24180
  24218
  24269
  24304
  24305
  24428
  24486
  24489
  24498
  24519
  24522
  24551 | La Coquille
  Firbeix
  Jumilhac-le-Grand
  Mialet
  Nantheuil
  Nanthiat
  Saint-Jory-de-Chalais
  Saint-Pierre-de-Frugie
  Saint-Priest-les-Fougères
  Saint-Saud-Lacoussière
  Sarlande
  Sarrazac
  Thiviers | 1.1.2016 |
| 24095
  24481 | Chaleix
  Saint-Paul-la-Roche | 24.12.2015- 1.1.2016 |
| 24086
  24091
  24150
  24040
  24063
  24074
  24081
  24082
  24300
  24336
  24341
  24355
  24366
  24395
  24432
  24450
  24470
  24471
  24510
  46006
  46098
  24512
  24520
  24574
  24577
  46186
  46194
  46216
  46257 | Castelnaud-la-Chapelle
  Cénac-et-Saint-Julien
  Daglan
  Beynac-et-Cazenac
  Bouzic
  Calviac-en-Périgord
  Carlux
  Carsac-Aillac
  Nabirat
  Prats-de-Carlux
  Proissans
  La Roque-Gageac
  Saint-André-d'Allas
  Saint-Cybranet
  Saint-Julien-de-Lampon
  Saint-Martial-de-Nabirat
  Sainte-Mondane
  Sainte-Nathalène
  Saint-Vincent-de-Cosse
  Anglars-Nozac
  Fajoles
  Saint-Vincent-le-Paluel
  Sarlat-la-Canéda
  Veyrignac
  Vézac
  Masclat
  Milhac
  Payrignac
  Saint-Cirq-Madelon | 2.1.2016 |
| 24040
  24063
  24074
  24081
  24082
  24152
  24207
  24587 | Beynac-et-Cazenac
  Bouzic
  Calviac-en-Périgord
  Carlux
  Carsac-Aillac
  Domme
  Groléjac
  Vitrac | 25.12-.2.1.2016 |

ISO Country Code

Member State

Postal code

Name

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

FR

France

Area comprising the communes of:

H5N1

24002

24010

24064

24098

24102

24108

24129

24135

24144

24170

24198

24200

24243

24266

24286

24319

24430

24553

Agonac

Annesse-et-Beaulieu

Brantome

Champcevinel

Chancelade

La Chapelle-Gonaguet

Condat-Sur Trincou

Cornille

Creyssac

Eyvirat

La Gonterie-Boulouneix

Grand-Brassac

Lisle

Mensignac

Montagrier

Paussac-Et-Saint-Vivien

Saint-Julien-De-Bourdeilles

Tocane-Saint-Apre

22.12.2015

24042

24055

24069

24115

24520

24561

Biras

Bourdeilles

Bussac

Château-L'Evêque

Sencenac-Puy-De-Fourches

Valeul

14.12.-.12.2015

24133

24180

24218

24269

24304

24305

24428

24486

24489

24498

24519

24522

24551

La Coquille

Firbeix

Jumilhac-le-Grand

Mialet

Nantheuil

Nanthiat

Saint-Jory-de-Chalais

Saint-Pierre-de-Frugie

Saint-Priest-les-Fougères

Saint-Saud-Lacoussière

Sarlande

Sarrazac

Thiviers

1.1.2016

24095

24481

Chaleix

Saint-Paul-la-Roche

24.12.2015- 1.1.2016

24086

24091

24150

24040

24063

24074

24081

24082

24300

24336

24341

24355

24366

24395

24432

24450

24470

24471

24510

46006

46098

24512

24520

24574

24577

46186

46194

46216

46257

Castelnaud-la-Chapelle

Cénac-et-Saint-Julien

Daglan

Beynac-et-Cazenac

Bouzic

Calviac-en-Périgord

Carlux

Carsac-Aillac

Nabirat

Prats-de-Carlux

Proissans

La Roque-Gageac

Saint-André-d'Allas

Saint-Cybranet

Saint-Julien-de-Lampon

Saint-Martial-de-Nabirat

Sainte-Mondane

Sainte-Nathalène

Saint-Vincent-de-Cosse

Anglars-Nozac

Fajoles

Saint-Vincent-le-Paluel

Sarlat-la-Canéda

Veyrignac

Vézac

Masclat

Milhac

Payrignac

Saint-Cirq-Madelon

2.1.2016

24040

24063

24074

24081

24082

24152

24207

24587

Beynac-et-Cazenac

Bouzic

Calviac-en-Périgord

Carlux

Carsac-Aillac

Domme

Groléjac

Vitrac

25.12-.2.1.2016

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