# Commission Implementing Decision of 27 August 2013 concerning certain protective measures in relation to highly pathogenic            avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing            Decision 2013/439/EU (notified under document C(2013) 5623) (Only the Italian text is authentic) (Text with EEA relevance)            (2013/443/EU)         

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U.K.

# Commission Implementing Decision

# of 27 August 2013

# concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including                        the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU                     

# (notified under document C(2013) 5623)

# (Only the Italian text is authentic)

# (Text with EEA relevance)

# (2013/443/EU)

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.

(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.

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

(6)Following the notification by Italy of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding in the                              commune of Ostellato, in the province of Ferrara in the Region Emilia-Romagna on 15 August 2013, the Commission adopted Implementing                              Decision 2013/439/EU(5), that lays down provisions for protection and surveillance zones to be established around the outbreak.

(7)On 21 August 2013 Italy notified the occurrence of a second outbreak of disease in the commune of Mordano in the province                              of Bologna and on 23 August 2013 of a third outbreak of disease in the commune of Portomaggiore in the province of Ferrara,                              both in the Region Emilia-Romagna and it immediately took the measures required pursuant to Directive 2005/94/EC, including                              the establishment of protection, surveillance and further restricted zones, which should be defined in Parts A, B and C of                              the Annex to this Decision.

(8)The Commission has examined those measures in collaboration with Italy, and it is satisfied that the borders of those zones                              established by the competent authority in that Member State are at a sufficient distance to the actual holding where the outbreak                              was 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 those zones established in Italy 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 those zones                              to other Member States or to third countries.

(10)Day-old chicks present a negligible risk for the spread of the disease provided that in accordance with the provisions of                              Article 30(c)(iii) second subparagraph of the Directive 2005/94/EC they have hatched from hatching eggs originating from poultry                              holdings located outside the protection and surveillance zones and the hatchery of dispatch can ensure by its logistics and                              by its biosecurity working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old                              chicks originating from poultry flocks within the established protection or surveillance zones and which are therefore of                              a different health status.

(11)Hatching eggs equally present a negligible risk for the spread of the disease provided that in accordance with the provisions                              of Article 30(c)(iv) of Directive 2005/94/EC they originate from holdings located outside the protection and surveillance                              zones and their packaging is disinfected before dispatch to a designated hatchery.

(12)It is therefore appropriate that the competent authority of Italy may authorise the dispatch of consignments of day-old chicks                              and hatching eggs from the further restricted zones defined in this Decision according to the requirements laid down in Directive                              2005/94/EC provided that Italy gives written notification in advance and the Member State or third country of destination                              confirms its prior agreement to receive these consignments.

(13)In order to verify compliance with the provisions of this Decision, it is appropriate that the veterinary certificates provided                              for in Directive 2009/158/EC include a reference to that effect.

(14)For the sake of clarity, Implementing Decision 2013/439/EU should be repealed.

(15)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Italy shall ensure that the protection, surveillance and further restricted zones established in accordance with Article 16(1)                     and (4) of Directive 2005/94/EC comprise at least the areas listed in Parts A, B and C of the Annex to this Decision.                  

# Article 2U.K.

1.Italy shall ensure that no consignments of live poultry, ready to-lay-poultry, day-old chicks and hatching eggs are dispatched                        from the zones listed in Parts A, B and C of the Annex to other Member States or third countries.                  

2.By way of derogation from paragraph 1, the competent authority of Italy may authorise the dispatch of consignments of day-old                        chicks and hatching eggs from the zones listed in Part C of the Annex to other Member States or third countries provided that:                  

(a)the measures laid down in Article 30(c)(iii) second subparagraph and (iv) of Directive 2005/94/EC are applied;                  

(b)the competent authority of the Member State or third country of destination is given written notification in advance and undertakes                        to receive the consignments of the day-old chicks and hatching eggs and notify their date of arrival at the holding of destination                        on its territory to the competent authority of Italy.                  

3.Italy shall ensure that the veterinary certificates accompanying the consignments referred to in paragraph 2 to be dispatched                        to other Member States include the words:                  

‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision 2013/443/EU(6).’.                  

# Article 3U.K.

Implementing Decision 2013/439/EU is repealed.

# Article 4U.K.

This Decision is addressed to the Italian Republic.

Done at Brussels, 27 August 2013.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEXU.K.

## PART AU.K.

Protection zones as referred to in Article 1:

## PART BU.K.

Surveillance zones as referred to in Article 1:

## PART CU.K.

Further restricted zone as referred to in Article 1:

1

OJ L 395, 30.12.1989, p. 13.                           

2

OJ L 224, 18.8.1990, p. 29.                           

3

Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (OJ L 10, 14.1.2006, p. 16).                           

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).                           

5

Commission Implementing Decision 2013/439/EU of 19 august 2013 concerning certain protective measures in relation to highly                              pathogenic avian influenza of subtype H7N7 in Italy (OJ L 223, 21.8.2013, p. 10).                           

6

OJ L 230, 29.8.2013, p. 20’.