# L_2015339EN.01005201.xml

| 24.12.2015 | EN | Official Journal of the European Union | L 339/52 |
| --- | --- | --- | --- |

24.12.2015

EN

Official Journal of the European Union

L 339/52

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COMMISSION IMPLEMENTING DECISION (EU) 2015/2460

of 23 December 2015

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France

(notified under document C(2015) 9818)

(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. |
| --- | --- |

(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. |
| --- | --- |

(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. |
| --- | --- |

(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. Article 16 of that Directive provides for the establishment of protection, surveillance and further restricted zones in the event of an outbreak of highly pathogenic avian influenza. In addition, Article 30 of Directive 2005/94/EC provides for certain measures to be applied in the surveillance zones in order to prevent the spread of the disease, including certain restrictions on the movements of poultry, ready-to-lay-poultry, day-old chicks and hatching eggs. |
| --- | --- |

(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. Article 16 of that Directive provides for the establishment of protection, surveillance and further restricted zones in the event of an outbreak of highly pathogenic avian influenza. In addition, Article 30 of Directive 2005/94/EC provides for certain measures to be applied in the surveillance zones in order to prevent the spread of the disease, including certain restrictions on the movements of poultry, ready-to-lay-poultry, day-old chicks and hatching eggs.

| (5) | Council Directive 2009/158/EC (4) lays down rules for trade within the Union in poultry and hatching eggs, including the veterinary certificates to be used. |
| --- | --- |

(5)

Council Directive 2009/158/EC (4) lays down rules for trade within the Union in poultry and hatching eggs, including the veterinary certificates to be used.

| (6) | France notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5 in holdings on its territory where poultry are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones in accordance with Article 16 of that Directive. |
| --- | --- |

(6)

France notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5 in holdings on its territory where poultry are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones in accordance with Article 16 of that Directive.

| (7) | Laboratory investigations have shown that the HPAI viruses of the H5N1, H5N2 and H5N9 subtypes detected in France are clearly different from the HPAI H5N1 virus that appeared in the mid-1990s in Asia and which was first detected in Europe in 2005. The HPAI viruses of H5 subtype currently detected in the south-west of France are of European origin. |
| --- | --- |

(7)

Laboratory investigations have shown that the HPAI viruses of the H5N1, H5N2 and H5N9 subtypes detected in France are clearly different from the HPAI H5N1 virus that appeared in the mid-1990s in Asia and which was first detected in Europe in 2005. The HPAI viruses of H5 subtype currently detected in the south-west of France are of European origin.

| (8) | Commission Implementing Decision (EU) 2015/2239 (5) was adopted in order to list, at Union level, the protection and surveillance zones established by France in accordance with Article 16 of Directive 2005/94/EC. |
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(8)

Commission Implementing Decision (EU) 2015/2239 (5) was adopted in order to list, at Union level, the protection and surveillance zones established by France in accordance with Article 16 of Directive 2005/94/EC.

| (9) | Due to the current epidemiological situation and the risk of further spread of the disease, France has also established a large further restricted zone around the protection and surveillance zones comprising several departments or parts thereof in the south-west of that Member State. |
| --- | --- |

(9)

Due to the current epidemiological situation and the risk of further spread of the disease, France has also established a large further restricted zone around the protection and surveillance zones comprising several departments or parts thereof in the south-west of that Member State.

| (10) | In order to limit the spread of the disease, France should ensure that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection, surveillance and further restricted zone to other parts of France, other Member States or to third countries. |
| --- | --- |

(10)

In order to limit the spread of the disease, France should ensure that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection, surveillance and further restricted zone to other parts of France, other Member States or to third countries.

| (11) | Day-old chicks present a negligible risk for the spread of highly pathogenic avian influenza viruses provided that they have hatched from hatching eggs originating from poultry on holdings located in the further restricted zone and outside the protection and surveillance zones and when the hatchery of dispatch can ensure by its logistics and by its biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the protection or surveillance zones and which are therefore of a different health status. |
| --- | --- |

(11)

Day-old chicks present a negligible risk for the spread of highly pathogenic avian influenza viruses provided that they have hatched from hatching eggs originating from poultry on holdings located in the further restricted zone and outside the protection and surveillance zones and when the hatchery of dispatch can ensure by its logistics and by its biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the protection or surveillance zones and which are therefore of a different health status.

| (12) | Hatching eggs pose a very low risk for disease transmission provided they are collected from flocks that are kept in the further restricted zone and which have undergone serological testing with negative results. Another condition is that such hatching eggs and their packaging have to be disinfected before dispatch from the further restricted zone. |
| --- | --- |

(12)

Hatching eggs pose a very low risk for disease transmission provided they are collected from flocks that are kept in the further restricted zone and which have undergone serological testing with negative results. Another condition is that such hatching eggs and their packaging have to be disinfected before dispatch from the further restricted zone.

| (13) | Without prejudice to the measures applicable in the protection and surveillance zone, it is therefore appropriate that the competent authority of France may authorise the dispatch of consignments of day-old chicks and hatching eggs from the further restricted zone listed in the Annex to this Decision in accordance with the above requirements and provided that prior agreement of the competent authority of the Member State or third country of destination has been obtained. |
| --- | --- |

(13)

Without prejudice to the measures applicable in the protection and surveillance zone, it is therefore appropriate that the competent authority of France may authorise the dispatch of consignments of day-old chicks and hatching eggs from the further restricted zone listed in the Annex to this Decision in accordance with the above requirements and provided that prior agreement of the competent authority of the Member State or third country of destination has been obtained.

| (14) | The wide extension of the further restricted zone as established by France in accordance with Article 16(4) of Directive 2005/94/EC would impose a prohibition of movements on a large proportion of the susceptible poultry population. |
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(14)

The wide extension of the further restricted zone as established by France in accordance with Article 16(4) of Directive 2005/94/EC would impose a prohibition of movements on a large proportion of the susceptible poultry population.

| (15) | It is also appropriate to mitigate the risk of poultry becoming exposed to avian influenza viruses circulating in the established surveillance zones by swiftly reducing the density of the susceptible poultry population in these zones that are comprised in the further restricted zone, in particular by timely slaughter and delayed restocking of holdings in that zone. |
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(15)

It is also appropriate to mitigate the risk of poultry becoming exposed to avian influenza viruses circulating in the established surveillance zones by swiftly reducing the density of the susceptible poultry population in these zones that are comprised in the further restricted zone, in particular by timely slaughter and delayed restocking of holdings in that zone.

| (16) | Given the large and unexpected scale of the outbreaks and the correspondingly wide area of the surveillance zones established around each outbreak, it is necessary to quickly reduce the density of the susceptible poultry on holdings at a particular high risk for infection. A systematic clinical examination of the poultry prior to dispatch would considerably slow down that depopulation process and increase the risk of virus spread. |
| --- | --- |

(16)

Given the large and unexpected scale of the outbreaks and the correspondingly wide area of the surveillance zones established around each outbreak, it is necessary to quickly reduce the density of the susceptible poultry on holdings at a particular high risk for infection. A systematic clinical examination of the poultry prior to dispatch would considerably slow down that depopulation process and increase the risk of virus spread.

| (17) | Therefore, it is appropriate to provide that no systematic clinical investigations of poultry on holdings located in the surveillance zones shall be carried out 24 hours prior to dispatch for direct slaughter within the surveillance zone or the further restricted zone, provided that only direct movements of poultry originating from holdings in the surveillance zones are authorised to a designated slaughterhouse located within the surveillance and further restricted zone; and these movements are carried out under stringent biosecurity measures, including a strict separation from poultry originating from the protection zone, and that cleaning and disinfection is carried out accordingly, and that restocking will be significantly delayed. |
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(17)

Therefore, it is appropriate to provide that no systematic clinical investigations of poultry on holdings located in the surveillance zones shall be carried out 24 hours prior to dispatch for direct slaughter within the surveillance zone or the further restricted zone, provided that only direct movements of poultry originating from holdings in the surveillance zones are authorised to a designated slaughterhouse located within the surveillance and further restricted zone; and these movements are carried out under stringent biosecurity measures, including a strict separation from poultry originating from the protection zone, and that cleaning and disinfection is carried out accordingly, and that restocking will be significantly delayed.

| (18) | The Commission has examined the measures to control the disease and the extent of the zones put under restrictions in collaboration with France, and it deems that they are suitable to achieve the set objectives. |
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(18)

The Commission has examined the measures to control the disease and the extent of the zones put under restrictions in collaboration with France, and it deems that they are suitable to achieve the set objectives.

| (19) | The Commission is also satisfied that the borders of the protection and surveillance and further restricted zone, established by the competent authority of France in accordance with Article 16 of Directive 2005/94/EC, are at a sufficient distance to the actual holdings where outbreaks were confirmed. |
| --- | --- |

(19)

The Commission is also satisfied that the borders of the protection and surveillance and further restricted zone, established by the competent authority of France in accordance with Article 16 of Directive 2005/94/EC, are at a sufficient distance to the actual holdings where outbreaks were confirmed.

| (20) | 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 further restricted zone established in France at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection and surveillance zones and the further restricted zone to other parts of France, to other Member States or to third countries, except under certain authorised derogations. |
| --- | --- |

(20)

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 further restricted zone established in France at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection and surveillance zones and the further restricted zone to other parts of France, to other Member States or to third countries, except under certain authorised derogations.

| (21) | In view of the scale of the current developments of the disease outbreaks, it is no longer feasible to timely update the list of the areas established as protection and surveillance zones by a Commission Implementing Decision. Therefore, France shall publish these lists on the website of the French authorities which should also be published on the Commission's website for information purposes. |
| --- | --- |

(21)

In view of the scale of the current developments of the disease outbreaks, it is no longer feasible to timely update the list of the areas established as protection and surveillance zones by a Commission Implementing Decision. Therefore, France shall publish these lists on the website of the French authorities which should also be published on the Commission's website for information purposes.

| (22) | The further restricted zone around the areas of the protection and surveillance zones should be listed in the Annex to this Decision and the duration of that regionalisation fixed. |
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(22)

The further restricted zone around the areas of the protection and surveillance zones should be listed in the Annex to this Decision and the duration of that regionalisation fixed.

| (23) | Given that France is implementing additional measures as laid down in the Implementing Decision (EU) 2015/2239 to prevent the spread of the avian influenza and for reasons of clarity, that Decision should be repealed. |
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(23)

Given that France is implementing additional measures as laid down in the Implementing Decision (EU) 2015/2239 to prevent the spread of the avian influenza and for reasons of clarity, that Decision should be repealed.

| (24) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(24)

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

1.   France shall establish the protection and surveillance zones in accordance with Article 16(1) of Directive 2005/94/EC, and

| (a) | France shall publish lists of the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC (‘the lists’). |
| --- | --- |

(a)

France shall publish lists of the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC (‘the lists’).

| (b) | France shall ensure that the lists are kept up-to-date and provide any update immediately to the Commission, to other Member States and to the public. |
| --- | --- |

(b)

France shall ensure that the lists are kept up-to-date and provide any update immediately to the Commission, to other Member States and to the public.

2.   The Commission shall publish the lists on its website, for information purposes only.

Article 2

1.   Without prejudice to the measures to be applied in the protection and surveillance zones in accordance with Article 1 of this Decision, France shall establish a further restricted zone in accordance with Article 16(4) of Directive 2005/94/EC which includes at least the areas listed as further restricted zone in the Annex to this Decision.

2.   France shall ensure that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the areas listed in the Annex.

3.   By way of derogation from paragraph 2, the competent authority of France may authorise the dispatch of consignments of day-old chicks from the areas listed in the Annex outside the established protection and surveillance zones to holdings located within that Member State or to other Member States or to third countries provided that:

| (a) | they are hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones; |
| --- | --- |

(a)

they are hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones;

| (b) | the hatchery of dispatch can ensure by its logistics and biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old-chicks originating from poultry flocks within established protection and surveillance zones and which are therefore of a different health status; |
| --- | --- |

(b)

the hatchery of dispatch can ensure by its logistics and biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old-chicks originating from poultry flocks within established protection and surveillance zones and which are therefore of a different health status;

| (c) | the competent authority of the Member State or third country of destination is given written notification in advance and has agreed to receive the consignments of the day-old chicks and to notify the date of arrival of the consignments at the holding of destination on its territory to the competent authority of France. |
| --- | --- |

(c)

the competent authority of the Member State or third country of destination is given written notification in advance and has agreed to receive the consignments of the day-old chicks and to notify the date of arrival of the consignments at the holding of destination on its territory to the competent authority of France.

4.   By way of derogation from paragraph 2, the competent authority of France may authorise the dispatch of consignments of hatching eggs from the areas listed in the Annex outside the established protection and surveillance zones to hatcheries located within that Member State, other Member States or third countries provided that they are collected from holdings situated on the day of collection in the further restricted zone listed in the Annex, and on which the poultry have tested negative in a serological survey for avian influenza capable of detecting 5 % prevalence of disease with at least a 95 % level of confidence and traceability is ensured.

5.   France shall ensure that the veterinary certificates provided for in Annex IV to Directive 2009/158/EC accompanying the consignments referred to in paragraph 2 of this Article to be dispatched to other Member States include the words:

‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision (EU) 2015/2460 (*1).

Article 3

The competent authority of France shall authorise the dispatch of poultry for direct slaughter from the areas in the surveillance zones listed in accordance with paragraph 1 of Article 1 to a designated slaughterhouse located within the surveillance or the further restricted zone provided that such movement is carried out:

| (a) | without any undue delay as a single trip; |
| --- | --- |

(a)

without any undue delay as a single trip;

| (b) | under stringent biosecurity measures including a strict separation from poultry originating from other regions, as well as cleaning and disinfection measures. |
| --- | --- |

(b)

under stringent biosecurity measures including a strict separation from poultry originating from other regions, as well as cleaning and disinfection measures.

Article 4

Implementing Decision (EU) 2015/2239 is repealed.

Article 5

This Decision shall apply until 31 March 2016.

Article 6

This Decision is addressed to the French Republic.

Done at Brussels, 23 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)  Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).

4

(5)  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 (OJ L 317, 3.12.2015, p. 37).

5

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ANNEX

Further restricted zone as referred to in Article 1:

| ISO Country Code | Member State | Name (Department number) | | |
| --- | --- | --- | --- | --- |
| FR | France | Areas comprising the departments of: |
| | | DORDOGNE (24)
  GERS (32)
  GIRONDE (33)
  HAUTE-VIENNE (87)
  HAUTES-PYRÉNÉES (65)
  LANDES (40)
  LOT-ET-GARONNE (47)
  PYRÉNÉES-ATLANTIQUES (64) | | |
| | | Areas comprising parts of the departments of: | | |
| | | CHARENTE (16) the commune of: | 16254 | PALLUAUD |
| | | LOT (46) the communes of | 46006
  46008
  46061
  46066
  46072
  46087
  46098
  46114
  46118
  46120
  46126
  46127
  46145
  46152
  46153
  46164
  46169
  46171
  46178
  46184
  46186
  46194
  46200
  46205
  46209
  46215
  46216
  46219
  46222
  46234
  46239
  46241
  46250
  46257
  46258
  46259
  46297
  46309
  46316
  46334 | ANGLARS-NOZAC
  LES ARQUES
  CASSAGNES
  CAZALS
  CONCORES
  DEGAGNAC
  FAJOLES
  FRAYSSINET-LE-GELAT
  GIGNAC
  GINDOU
  GOUJOUNAC
  GOURDON
  LACHAPELLE-AUZAC
  LAMOTHE-FENELON
  LANZAC
  LAVERCANTIERE
  LEOBARD
  LHERM
  LOUPIAC
  MARMINIAC
  MASCLAT
  MILHAC
  MONTCLERA
  MONTGESTY
  NADAILLAC-DE-ROUGE
  PAYRAC
  PAYRIGNAC
  PEYRILLES
  POMAREDE
  RAMPOUX
  LE ROC
  ROUFFILHAC
  SAINT-CAPRAIS
  SAINT-CIRQ-MADELON
  SAINT-CIRQ-SOUILLAGUET
  SAINT-CLAIR
  SALVIAC
  SOUILLAC
  THEDIRAC
  LE VIGAN |
| | | CORREZE (19) the communes of: | 19015
  19030
  19047
  19066
  19077
  19107
  19120
  19124
  19161
  19182
  19191
  19195
  19229
  19239
  19289 | AYEN
  BRIGNAC-LA-PLAINE
  CHARTRIER-FERRIÈRE
  CUBLAC
  ESTIVALS
  LARCHE
  LOUIGNAC
  MANSAC
  PERPEZAC-LE-BLANC
  SAINT-AULAIRE
  SAINT-CERNIN-DE-LARCHE
  SAINT-CYPRIEN
  SAINT-PANTALÉON-DE-LARCHE
  SAINT-ROBERT
  YSSANDON |

ISO Country Code

Member State

Name (Department number)

FR

France

Areas comprising the departments of:

DORDOGNE (24)

GERS (32)

GIRONDE (33)

HAUTE-VIENNE (87)

HAUTES-PYRÉNÉES (65)

LANDES (40)

LOT-ET-GARONNE (47)

PYRÉNÉES-ATLANTIQUES (64)

Areas comprising parts of the departments of:

CHARENTE (16) the commune of:

16254

PALLUAUD

LOT (46) the communes of

46006

46008

46061

46066

46072

46087

46098

46114

46118

46120

46126

46127

46145

46152

46153

46164

46169

46171

46178

46184

46186

46194

46200

46205

46209

46215

46216

46219

46222

46234

46239

46241

46250

46257

46258

46259

46297

46309

46316

46334

ANGLARS-NOZAC

LES ARQUES

CASSAGNES

CAZALS

CONCORES

DEGAGNAC

FAJOLES

FRAYSSINET-LE-GELAT

GIGNAC

GINDOU

GOUJOUNAC

GOURDON

LACHAPELLE-AUZAC

LAMOTHE-FENELON

LANZAC

LAVERCANTIERE

LEOBARD

LHERM

LOUPIAC

MARMINIAC

MASCLAT

MILHAC

MONTCLERA

MONTGESTY

NADAILLAC-DE-ROUGE

PAYRAC

PAYRIGNAC

PEYRILLES

POMAREDE

RAMPOUX

LE ROC

ROUFFILHAC

SAINT-CAPRAIS

SAINT-CIRQ-MADELON

SAINT-CIRQ-SOUILLAGUET

SAINT-CLAIR

SALVIAC

SOUILLAC

THEDIRAC

LE VIGAN

CORREZE (19) the communes of:

19015

19030

19047

19066

19077

19107

19120

19124

19161

19182

19191

19195

19229

19239

19289

AYEN

BRIGNAC-LA-PLAINE

CHARTRIER-FERRIÈRE

CUBLAC

ESTIVALS

LARCHE

LOUIGNAC

MANSAC

PERPEZAC-LE-BLANC

SAINT-AULAIRE

SAINT-CERNIN-DE-LARCHE

SAINT-CYPRIEN

SAINT-PANTALÉON-DE-LARCHE

SAINT-ROBERT

YSSANDON

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