# Commission Implementing Decision (EU) 2015/2239 (repealed)Show full title

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France (notified under document C(2015) 8755) (Only the French text            is authentic) (Text with EEA relevance) (repealed)         

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# 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

# *(notified under document C(2015) 8755)*

# (Only the French text is authentic)

# (Text with EEA relevance) (repealed)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(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)France notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) of the subtype H5 namely H5N1 and                              H5N2 in holdings on its territory where poultry or other captive birds are kept.

(6)Ongoing laboratory investigations including sequencing in order to further characterise the causative virus of the first outbreak                              suggest that the genetics of the HPAI H5N1 virus strain are different from the HPAI virus of the H5N1 subtype that first appeared                              in Europe in 2005. Rather it appears that the HPAI virus strain of the H5N1 subtype detected in France recently mutated from                              a low pathogenic form previously detected in the Union to a virus of high pathogenicity. It appears therefore not necessary                              to apply the same additional protection measures as those laid down in Commission Decision 2006/415/EC(4) which were specifically adopted for the highly pathogenic avian influenza virus of H5N1 subtype that first appeared in Europe                              in 2005.

(7)France took therefore immediately control measures required pursuant to Directive 2005/94/EC, including the establishment                              of protection and surveillance zones.

(8)The Commission has examined those measures in collaboration with France, 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                              holdings where the outbreaks were 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 the protection and surveillance zones established in France                              at Union level in collaboration with that Member State.

(10)Accordingly, the protection and surveillance zones in France, 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.

(11)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.

France 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 31 March 2016.

# Article 3U.K.

This Decision is addressed to the French Republic.

Done at Brussels,2 December 2015.

*For the Commission*                            

Vytenis Andriukaitis                            

*Member of the Commission*                            

## ANNEXU.K.

## **Part A**U.K.

Protection zone as referred to in Article 1:

## **Part B**U.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).                           

4

Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian                              influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (OJ L 164, 16.6.2006, p. 51).