# Commission Implementing Decision of 17 November 2014 concerning certain interim protective measures in relation to highly            pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2014) 8752) (Only the Dutch text            is authentic) (Text with EEA relevance) (2014/808/EU) (repealed)         

        - Previous
        - Next

U.K.

# Commission Implementing Decision

# of 17 November 2014

# concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands

# *(notified under document C(2014) 8752)*

# (Only the Dutch text is authentic)

# (Text with EEA relevance)

# (2014/808/EU) (repealed)

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(3) 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(3) 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)The Netherlands notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a holding on                              its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to Directive                              2005/94/EC, including the establishment of protection and surveillance zones. As a precautionary measure and in order to evaluate                              the situation and minimise any risk of further possible spread from the confirmed outbreak the Dutch authorities have prohibited                              movements of live poultry and certain poultry products on the whole territory.

(6)The Commission has examined those measures in collaboration with the Netherlands, 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 define the protection and surveillance zones established in the Netherlands                              at Union level in collaboration with that Member State.

(8)Accordingly, pending the next meeting of the Standing Committee on Plants, Animals, Food and Feed, the protection and surveillance                              zones in the Netherlands, 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.

(9)This Decision is to be reviewed at the next meeting of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The Netherlands 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 2U.K.

This Decision shall apply until 22 December 2014.

# Article 3U.K.

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 17 November 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).