# Commission Implementing Decision of 19 December 2014 concerning certain protective measures in relation to highly pathogenic            avian influenza of subtype H5N8 in Germany (notified under document C(2014) 10261) (Only the German text is authentic) (Text            with EEA relevance) (2014/945/EU)         

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U.K.

# Commission Implementing Decision

# of 19 December 2014

# concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany

# *(notified under document C(2014) 10261)*

# (Only the German text is authentic)

# (Text with EEA relevance)

# (2014/945/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)Germany notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a holding 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, which should be defined in Parts A and B of the Annex to this Decision.

(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 describe the protection and surveillance zones established in relation                              to highly pathogenic avian influenza in Germany at Union level.

(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 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,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

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 in Parts A and B of the Annex to this Decision.                  

# Article 2U.K.

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 19 December 2014.

*For the Commission*                            

Vytenis Andriukaitis                            

*Member of the Commission*                            

## ANNEXU.K.

## PART AU.K.

Protection zone as referred to in Article 1:

## PART BU.K.

Surveillance 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 and repealing Directive                              92/40/EEC (OJ L 10, 14.1.2006, p. 16).