# L_2016011EN.01001001.xml

| 16.1.2016 | EN | Official Journal of the European Union | L 11/10 |
| --- | --- | --- | --- |

16.1.2016

EN

Official Journal of the European Union

L 11/10

---

COMMISSION IMPLEMENTING DECISION (EU) 2016/42

of 15 January 2016

amending the Annex to Implementing Decision (EU) 2015/2460 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France

(notified under document C(2016) 209)

(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) | 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 (HPAI). |
| --- | --- |

(1)

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 (HPAI).

| (2) | In 2015, France notified the Commission of outbreaks of HPAI of subtype H5 in holdings on its territory where poultry are kept and it immediately took the minimum control measures required pursuant to Directive 2005/94/EC, including the establishment of protection, surveillance and a further restricted zone in accordance with that Directive. |
| --- | --- |

(2)

In 2015, France notified the Commission of outbreaks of HPAI of subtype H5 in holdings on its territory where poultry are kept and it immediately took the minimum control measures required pursuant to Directive 2005/94/EC, including the establishment of protection, surveillance and a further restricted zone in accordance with that Directive.

| (3) | In addition, Commission Implementing Decision (EU) 2015/2460 (4) was adopted to take account of the spread of HPAI in France and the establishment by the competent authority of that Member State of a large further restricted zone around the protection and surveillance zones. That further restricted zone comprises several departments or parts thereof in the south-west of that Member State. Implementing Decision (EU) 2015/2460 provides, inter alia, that the further restricted zone established by France in accordance with Directive 2005/94/EC is to include at least the areas listed as the further restricted zone in the Annex to that Implementing Decision. |
| --- | --- |

(3)

In addition, Commission Implementing Decision (EU) 2015/2460 (4) was adopted to take account of the spread of HPAI in France and the establishment by the competent authority of that Member State of a large further restricted zone around the protection and surveillance zones. That further restricted zone comprises several departments or parts thereof in the south-west of that Member State. Implementing Decision (EU) 2015/2460 provides, inter alia, that the further restricted zone established by France in accordance with Directive 2005/94/EC is to include at least the areas listed as the further restricted zone in the Annex to that Implementing Decision.

| (4) | France has now reported further HPAI outbreaks located outside the areas listed as the further restricted zone in the Annex to Implementing Decision (EU) 2015/2460. Due to the development of the epidemiological situation and the risk of further disease spread, France is enlarging the further restricted zone around the established protection and surveillance zones. |
| --- | --- |

(4)

France has now reported further HPAI outbreaks located outside the areas listed as the further restricted zone in the Annex to Implementing Decision (EU) 2015/2460. Due to the development of the epidemiological situation and the risk of further disease spread, France is enlarging the further restricted zone around the established protection and surveillance zones.

| (5) | It is therefore necessary to amend the Annex to Implementing Decision (EU) 2015/2460 in order to take account of the enlargement of the further restricted zone by France. |
| --- | --- |

(5)

It is therefore necessary to amend the Annex to Implementing Decision (EU) 2015/2460 in order to take account of the enlargement of the further restricted zone by France.

| (6) | The Commission has examined the control measures taken by France and it is satisfied that the borders of the further restricted zone, established by the competent authority of that Member State, in accordance with Article 16(4) of Directive 2005/94/EC, are at a sufficient distance to the actual holdings where the HPAI outbreaks have been confirmed. |
| --- | --- |

(6)

The Commission has examined the control measures taken by France and it is satisfied that the borders of the further restricted zone, established by the competent authority of that Member State, in accordance with Article 16(4) of Directive 2005/94/EC, are at a sufficient distance to the actual holdings where the HPAI outbreaks have been 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 describe the enlarged further restricted zone established by France at Union level. |
| --- | --- |

(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 describe the enlarged further restricted zone established by France at Union level.

| (8) | Implementing Decision (EU) 2015/2460 should therefore be amended accordingly. |
| --- | --- |

(8)

Implementing Decision (EU) 2015/2460 should therefore be amended accordingly.

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

(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

The Annex to Implementing Decision (EU) 2015/2460 is replaced by the text set out in the Annex to this Decision.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 15 January 2016.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(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 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 (OJ L 339, 24.12.2015, p. 52).

4

---

ANNEX

‘ANNEX

Further restricted zone as referred to in Article 2(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)
  LOT (46)
  HAUTE-GARONNE (31) | | |
| | | Areas comprising parts of the departments of: | | |
| | | CHARENTE (16) the commune of: | 16254 | PALLUAUD |
| | | CORREZE (19) the communes of: | 19015
  19030
  19047
  19066
  19077
  19107
  19120
  19124
  19161
  19182
  19191
  19195
  19229
  19239
  19289
  19007
  19012
  19019
  19026
  19029
  19044
  19050
  19067
  19116
  19170
  19260
  19280 | 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
  ALTILLAC
  ASTAILLAC
  BEAULIEU-SUR-DORDOGNE
  BILHAC
  BRANCEILLES
  LA-CHAPELLE-AUX-SAINTS
  CHAUFFOUR-SUR-VELL
  CUREMONTE
  LIOURDRES
  QUEYSSAC-LES-VIGNES
  SIONIAC
  VEGENNES’ |

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)

LOT (46)

HAUTE-GARONNE (31)

Areas comprising parts of the departments of:

CHARENTE (16) the commune of:

16254

PALLUAUD

CORREZE (19) the communes of:

19015

19030

19047

19066

19077

19107

19120

19124

19161

19182

19191

19195

19229

19239

19289

19007

19012

19019

19026

19029

19044

19050

19067

19116

19170

19260

19280

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

ALTILLAC

ASTAILLAC

BEAULIEU-SUR-DORDOGNE

BILHAC

BRANCEILLES

LA-CHAPELLE-AUX-SAINTS

CHAUFFOUR-SUR-VELL

CUREMONTE

LIOURDRES

QUEYSSAC-LES-VIGNES

SIONIAC

VEGENNES’

---