EN Official Journal of the European Union L 44/12

COMMISSION IMPLEMENTING DECISION (EU) 2016/237

of 17 February 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) 826)

(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) Commission Implementing Decision (EU) 2015/2460 (3) was adopted following the spread of highly pathogenic avian influenza (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 France.

(2) Implementing Decision (EU) 2015/2460 also provides, inter alia, that the areas established by France as the further restricted zone, in accordance with Article 16(4) of Council Directive 2005/94/EC (4), are to include at least the areas listed as the further restricted zone in the Annex to that Implementing Decision.

(3) Implementing Decision (EU) 2015/2460 was amended by Commission Implementing Decision (EU) 2016/42 (5), in order to enlarge the further restricted zone established by France taking into account further HPAI outbreaks in that Member State.

(4) Since the date of adoption of Implementing Decision (EU) 2016/42, there have been more HPAI outbreaks in France and accordingly that Member State has implemented a vigorous disease control strategy for HPAI, including a substantial extension of the areas established as the further restricted zone, where veterinary restrictions apply to movements of poultry and certain poultry products.

(5) The Commission has examined the control measures taken by France and it is satisfied that the borders of the further restricted zone, now 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) 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 extended further restricted zone established by France at Union level.

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

(8) 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, 17 February 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 224, 18.8.1990, p. 29.

(3) 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) 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).

(5) 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 (OJ L 11, 16.1.2016, p. 10).