EN Official Journal of the European Union L 316/62

COMMISSION DECISION

of 3 December 2007

amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the United Kingdom, Romania and Poland

(notified under document number C(2007) 6109)

(Text with EEA relevance)

(2007/785/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (3), and in particular Article 63(3) thereof,

Whereas:

(1) 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 (4) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.

(2) Following an outbreak of highly pathogenic avian influenza of H5N1 subtype in the United Kingdom in the county of Suffolk, Decision 2006/415/EC was amended by Decision 2007/731/EC (5), in order to amend the Annex to Decision 2006/415/EC.

(3) The protection measures taken by the United Kingdom pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision, have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health.

(4) As a further outbreak of the disease has occurred in the restricted area, the delineation of the area under restriction and the duration of the measures should be modified to take account of the epidemiological situation.

(5) Following an outbreak of highly pathogenic avian influenza of H5N1 subtype in a backyard flock in Romania in the county of Tulcea, Decision 2006/415/EC was amended by Decision 2007/770/EC (6), in order to amend the Annex to Decision 2006/415/EC.

(6) The protection measures taken by Romania pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision, have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health.

(7) Poland has notified the Commission of two outbreaks of highly pathogenic avian influenza of subtype H5N1 in poultry holdings in the county of Brudzeń Duży on its territory and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of Areas A and B as provided for in Article 4 of that Decision.

(8) The Commission has examined those measures in collaboration with Poland, and is satisfied that the borders of Areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. Areas A and B in Poland can therefore be confirmed and the duration of that regionalisation fixed.

(9) Decision 2006/415/EC should therefore be amended accordingly.

(10) 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 1

The Annex to Decision 2006/415/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33, as corrected by OJ L 195, 2.6.2004, p. 12).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3) OJ L 10, 14.1.2006, p. 16.

(4) OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision 2007/770/EC (OJ L 311, 29.11.2007, p. 45).

(5) OJ L 295, 14.11.2007, p. 28.

(6) OJ L 311, 29.11.2007, p. 45.