2006/104/EC: Commission Decision of  15 February 2006  concerning certain interim protection measures in relation to suspected cases of highly pathogenic avian influenza in wild birds in Germany  (notified under document number C(2006) 520)
Date: 2006-02-15
Institutions: European Commission
Subjects: Germany, animal disease, animal product, bird, poultry, trade restriction, veterinary inspection, wildlife

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Official Journal of the European Union

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COMMISSION DECISION

of 15 February 2006

concerning certain interim protection measures in relation to suspected cases of highly pathogenic
avian influenza in wild birds in Germany

(notified under document number C(2006) 520)

(Only the German text is authentic)

(2006/104/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

circumstances allow the suspicion of highly pathogenic
avian influenza caused by influenza A virus of subtype
H5N1.

Having regard to Council Directive 89/662/EEC of 11
in intra-
December 1989 concerning
Community trade with a view to the completion of
the
internal market (1), and in particular Article 9(3) thereof,

veterinary

checks

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,

Having regard to Regulation (EC) No 998/2003 of 26 May
2003 of the European Parliament and of the Council on the
animal health requirements applicable to the non-commercial
movement of pet animals and amending Council Directive
92/65/EEC (3), and in particular Article 18 thereof,

Whereas:

(3)

(4)

(5)

(1)

(2)

threat

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
serious
to animal and public health and to
reduce sharply the profitability of poultry farming.
There is a risk that the disease agent might be spread
from wild birds to domestic birds, notably poultry, and
from one Member State to other Member States and
third countries through the international trade in live
birds or their products.

informed the Commission about

Germany has
the
isolation of an H5 avian influenza virus collected from
a clinical case in wild birds. Pending the determination of
the pathogenicity
the neuraminidase (N)
epidemiological
index,

clinical picture

type and of

and the

the

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive

2004/41/EC (OJ L 157, 30.4.2004, p. 33).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

(3) OJ L 146, 13.6.2003, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

Germany has without undue delay implemented certain
measures foreseen in the framework of Council Directive
92/40/EEC of 19 May 1992 introducing Community
measures for the control of avian influenza (4).

Given the disease risk,
interim protection measures
should be adopted in order to address the particular
risks in different areas.

for

avian influenza

In the interests of consistency, it is appropriate to apply
this Decision certain definitions
for the purposes of
provided for in Council Directive 2005/94/EC of 20
December 2005 on Community measures
the
control of
and repealing Directive
92/40/EEC (5), Council Directive 90/539/EEC of 15
October 1990 on animal health conditions governing
intra-Community trade in, and imports
from third
countries of, poultry and hatching eggs (6), Regulation
(EC) No 853/2004 of the European Parliament and of
the Council of 29 April 2004 laying down specific
hygiene rules for food of animal origin (7), Regulation
(EC) No 998/2003 of the European Parliament and of
the Council of 26 May 2003 on the animal health
non-commercial
requirements
and amending Council
movement of pet
Directive 92/65/EEC (8).

applicable

animals

the

to

(6)

Protection and surveillance zones should be established
around the place where the disease was detected in wild
birds. Those zones should be limited to what is necessary
to prevent virus introduction into commercial and non-
commercial poultry flocks.

(4) OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003.

(5) OJ L 10, 14.1.2006, p. 16.
(6) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003

Act of Accession.

(7) OJ L 139, 30.4.2004, p. 206; corrected version in OJ L 226,
25.6.2004, p. 83. Regulation as last amended by Commission Regu-
lation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(8) OJ L 146, 13.6.2003, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

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It is appropriate to control and restrict the movement of,
in particular, live birds and hatching eggs while allowing
the controlled dispatch from the zones of such birds and
products of avian origin subject to certain conditions.

proceeding to bodies, institutes and centres approved in
accordance with that Directive.

(7)

(8)

(9)

(10)

laid down in Commission Decision
The measures
2005/734/EC of 19 October 2005 laying down bio-
security measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by Influenza
virus A subtype H5N1 from birds living in the wild to
poultry and other captive birds and providing for an
risk (1)
early detection system in areas at particular
should be implemented in protection and surveillance
independently of the defined risk status of the
zones,
is
area where highly pathogenic
suspected or confirmed in wild birds.

avian influenza

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
animal by-
concerning
laying down health rules
intended for human consumption (2)
products not
authorises the placing on the market of a range of
animal by-products, such as gelatine for technical use,
materials for pharmaceutical use and others, originating
animal health
the Community under
in areas of
restrictions, because those products are considered safe
due to the specific conditions of production, processing
and
possible
pathogens or prevent contact with susceptible animals.
It is therefore appropriate to permit the transport from
protection zones of unprocessed used litter or manure
for the purposes of treatment in accordance with that
Regulation and of animal by-products complying with
the conditions set out therein.

effectively

utilisation

inactivate

that

subject

and embryos not

Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in
and imports into the Community of animals, semen,
to animal health
ova
requirements laid down in specific Community rules
referred to in Annex A (I) to Directive 90/425/EEC (3)
provides for approved bodies, institutes and centres and a
model certificate to accompany animals or their gametes
between such approved premises in different Member
restrictions
States. A derogation from the transport
coming from and
should be

envisaged for birds

(1) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2005/855/EC (OJ L 316, 2.12.2005, p. 21).

(2) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005,
p. 10).

(3) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive

2004/68/EC (OJ L 139, 30.4.2004, p. 321).

(11)

(12)

(13)

Transport of hatching eggs from the protection zones
should be permitted under certain conditions. The
dispatch of hatching eggs to other countries may be
permitted subject in particular to compliance with the
conditions referred to in Directive 2005/94/EC. In such
cases
in
accordance with Directive 90/539/EEC should include a
reference to this Decision.

the animal health certificates provided for

The dispatch from protection zones of meat, minced
meat, meat preparations and meat products should be
permitted subject to certain conditions, in particular as
regards compliance with certain requirements of Regu-
lation (EC) No 853/2004 and of Regulation (EC) No
854/2004 of
the
Council of 29 April 2004 laying down specific rules
for the organisation of official controls on products of
animal origin intended for human consumption (4).

the European Parliament and of

treatments rendering meat

Council Directive 2002/99/EC of 16 December 2002
laying down the animal health rules governing the
production, processing, distribution and introduction of
products of animal origin for human consumption (5)
establishes a list of
from
restricted areas safe, and provides for the possibility to
establish a specific health mark and the health mark
required for meat not authorised for placing on the
market for animal health reasons. It is appropriate to
permit the dispatch from the protection zones of meat
bearing the health mark provided for in that Directive
and meat products subjected to treatment referred to
therein.

(14)

Pending the meeting of the Standing Committee on the
Food Chain and Animal Health and in collaboration with
the Member State concerned the Commission should
take interim protection measures
relating to highly
pathogenic avian influenza in wild birds.

(15)

The measures provided for in this Decision should be
reviewed
Standing
the next meeting of
Committee on the Food Chain and Animal Health,

the

at

(4) OJ L 139, 30.4.2004, p. 55; corrected version in OJ L 226,
25.6.2004, p. 22. Regulation as last amended by Commission Regu-
lation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(5) OJ L 18, 23.1.2003, p. 11.

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HAS ADOPTED THIS DECISION:

Article 1

Subject matter, scope and definitions

1.
This Decision lays down certain interim protection
measures in relation to highly pathogenic avian influenza in
in Germany caused by influenza A virus of
wild birds
subtype H5 suspected to be of the neuraminidase type N1, in
order to prevent the spread of avian influenza from wild birds
to poultry or other captive birds as well as the contamination of
products thereof.

2.
Except as otherwise provided, the definitions of Directive
2005/94/EC shall apply. In addition, the following definitions
shall apply:

The establishment of the protection and surveillance zones
2.
referred to in paragraph 1 shall take account of geographical,
administrative, ecological and epizootiological factors relating to
avian influenza, and of monitoring facilities.

3.
If the protection or surveillance zones cover the territories
of other Member States, Germany shall collaborate with the
authorities of those Member States to establish the zones.

4.
Germany shall notify to the Commission and to the other
Member States the details of any protection and surveillance
zones established under this Article.

Article 3

Measures in the protection zone

(a)

‘hatching eggs’ means eggs as defined in Article 2(2) of
Directive 90/539/EEC;

Germany shall ensure that at least the following measures

1.
are applied in the protection zone:

(b) ‘wild feathered game’ means game as defined in point 1.5,
second indent, and point 1.7 of Annex I to Regulation (EC)
No 853/2004;

(c)

‘other captive birds’ means birds as defined in point 6 of
Article 2 of Directive 2005/94/EC, including:

(a)

the identification of all holdings within the zone;

(b) periodic and documented visits to all commercial holdings a
if necessary, the

clinical
inspection of poultry including,
collection of samples for laboratory examination;

(i) pet animals of the bird species as referred to in Article

3(a) of Regulation (EC) No 998/2003, and

(c)

the holding,

the implementation of appropriate on-farm biosecurity
measures, including disinfection at the entrances and exits
of
the
confinement of poultry to places where the direct and
indirect contact with other poultry and captive birds can
be prevented;

the housing of

the poultry or

(ii) birds for zoos, circuses, amusement parks and experi-

mental laboratories.

Article 2

Establishment of protection and surveillance zones

1.
Germany shall establish around the area where the
presence of highly pathogenic avian influenza caused by
influenza A virus of subtype H5 in wild birds is confirmed
and the neuraminidase
suspected or
confirmed:

type N1 is

either

(a)

a protection zone with a radius of at least three kilometres,
and

(d) the implementation of the biosecurity measures laid down

in Decision 2005/734/EC;

(e)

the control of the movement of products from poultry in
accordance with Article 9;

(f) active disease monitoring in the population of wild birds, in
particular water fowl, if necessary with the co-operation of
hunters and bird-watchers who have been specifically
instructed on measures
from
infection with the virus and to prevent the spread of the
virus to susceptible animals;

to protect

themselves

(b)

a surveillance zone with a radius of at least 10 kilometres,
including the protection zone.

(g) campaigns to increase disease awareness amongst owners,

hunters and bird-watchers.

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Germany shall ensure that the following are prohibited in

2.
the protection zone:

(a) movement of poultry and other captive birds out of the
zone for the first 15 days following the establishment of
the zone;

(a)

the removal of poultry and other captive birds from the
holding on which they are kept;

(b) the assembly of poultry and other birds at fairs, markets,

shows or other gatherings;

(b) the assembly of poultry and other captive birds at fairs,

markets, shows or other gatherings;

(c)

the hunting of wild birds.

(c)

the transport through the zone of poultry and other captive
birds, except
railways and
transit on major
transport to a slaughterhouse for direct slaughter;

roads or

Article 5

Duration of the measures

(d) the dispatch from the zone of hatching eggs;

If the neuraminidase type is confirmed as being different from
N1, the measures provided for in Articles 3 and 4 shall be
abolished.

(e)

the dispatch from the zone of fresh meat, minced meat,
meat preparations and meat products from poultry and
other captive birds and wild feathered game;

(f)

the transport or spread outside the zone of unprocessed
used litter or manure from holdings within the zone,
except the transport for treatment in accordance with Regu-
lation (EC) No 1774/2002;

If the presence of an influenza A virus of the subtype H5N1 in
wild birds is confirmed, the measures provided for in Articles 3
and 4 shall apply for as long as is necessary having regard to
the geographical, administrative, ecological and epizootiological
factors relating to avian influenza and for at least 21 in the case
of
the
the protection zone and 30 days in the case of
surveillance zone after
the date on which an H5 avian
influenza virus collected from a clinical case in wild birds has
been isolated.

(g) the hunting of wild birds.

Article 6

Article 4

Measures in the surveillance zone

Germany shall ensure that at least the following measures

1.
are applied in the surveillance zone:

Derogations for live birds and day-old chicks

1.
By way of derogation from Article 3(2)(a), Germany may
authorise the transport of ready-to-lay pullets and turkeys for
fattening to holdings under official control situated either in the
protection or in the surveillance zone.

(a)

the identification of all holdings within the zone;

By way of derogation from Article 3(2)(a) or Arti-

2.
cle 4(2)(a), Germany may authorise the transport of:

(b) the implementation of appropriate on-farm biosecurity
measures, including the use of appropriate means of disin-
fection at the entrances and exits of the holding;

(c)

the implementation of the biosecurity measures laid down
in Decision 2005/734/EC;

(d) the control of movement of poultry and other captive birds

and hatching egg within the zone.

(a) poultry for

immediate slaughter,

laying
hens, to a slaughterhouse located in the protection zone
or in the surveillance zone or, if that is not possible, to a
slaughterhouse designated by the
competent authority
outside the zones;

including spent

(b) day-old chicks from the protection zone to holdings under
official control on the territory of Germany on which there
are no other poultry or captive birds, except pet birds
referred to in Article 1(2)(c)(i), separated from poultry;

Germany shall ensure that the following are prohibited in

2.
the surveillance zone:

(c) day-old chicks from the surveillance zone to holdings under

official control on the territory of Germany;

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(d) ready-to-lay pullets and turkeys for

fattening from the
surveillance zone to holdings under official control on the
territory of Germany;

of Germany not

(e) pet birds referred to in Article 1(2)(c)(i), to premises on the
territory
the
consignment consists of five or fewer caged birds, notwith-
third
standing national
paragraph, of Directive 92/65/EEC;

referred to in Article 1,

poultry,

keeping

rules

if

(f) birds referred to in Article 1(2)(c)(ii) coming from bodies,
institutes and centres and proceeding to bodies,
institutes
and centres approved in accordance with Article 13 of
Directive 92/65/EEC.

Article 8

Derogations for meat, minced meat, meat preparations and
meat products

By way of derogation from Article 3(2)(e), Germany may

1.
authorise the dispatch from the protection zone of:

(a)

fresh meat from poultry, including meat from ratites, origi-
nating in or outside that zone and produced in accordance
with Annex II and Sections II and III of Annex III to Regu-
lation (EC) No 853/2004 and controlled in accordance with
Sections I, II, III, and Chapters V and VII of Section IV of
Annex I to Regulation (EC) No 854/2004;

Article 7

Derogations for hatching eggs

(b) minced meat, meat preparations

and meat products
containing meat referred to in point (a) and produced in
accordance with Sections V and VI of Annex III to Regu-
lation (EC) No 853/2004;

By way of derogation from Article 3(2)(d), Germany may

1.
authorise:

(c)

(a)

the transport of hatching eggs from the protection zone to
a designated hatchery within the territory of Germany;

if

such meat

fresh meat from wild feathered game originating in that
zone,
is marked with the health mark
provided for in Annex II to Directive 2002/99/EC and is
intended for transport to an establishment for treatment as
required for avian influenza in accordance with Annex III to
that Directive;

(b) the dispatch of hatching eggs from the protection zone to
territory of Germany

situated outside

the

hatcheries
provided that:

(i)

the hatching eggs were collected from flocks which:

— are not suspected of being infected with avian

influenza, and

— have tested negative in a serological survey for avian
influenza capable of detecting 5 % prevalence of
disease with at least a 95 % level of confidence, and

(ii) the conditions laid down in Article 26(1)(b), (c) and (d)

of Directive 2005/94/EC are fulfilled.

(d) meat products produced from meat from wild feathered
game which were subjected to a treatment as required for
avian influenza in accordance with Annex III to Directive
2002/99/EC;

(e)

fresh meat from wild feathered game originating outside the
protection zone and produced in establishments within the
protection zone in accordance with Section IV of Annex III
to Regulation (EC) No 853/2004 and controlled in
accordance with Chapter VIII of Section IV of Annex I to
Regulation (EC) No 854/2004;

(f) minced meat, meat preparations

and meat products
containing meat referred to in point (e) and produced in
establishments situated in the protection zone in accordance
with Sections V and VI of Annex III to Regulation (EC)
No 853/2004.

2.
The animal health certificates in accordance with Model 1
of Annex IV to Council Directive 90/539/EEC accompanying
consignments of hatching eggs referred to in paragraph 1(b)
dispatched to other Member States shall include the words:

2.
Germany shall ensure that the products referred to in
paragraph 1(e) and (f) are accompanied by a commercial
document stating:

‘The animal health conditions of this consignment are in
accordance with Commission Decision 2006/104/EC’

‘The animal health conditions of this consignment are in
accordance with Commission Decision 2006/104/EC’

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Article 9

Conditions for animal by-products

travellers for their private use or consignments of processed
feathers sent to private individuals for non-industrial purposes.

In accordance with Article 3(1)(e), Germany may authorise

1.
the dispatch of:

Article 10

Conditions for movements

(a) animal by-products complying with the conditions set out
in Chapters II (A), III (B), IV (A), VI (A and B), VII (A), VIII
(A), IX (A) and X (A) of Annex VII, and Chapter II (B) and
Chapter
to Regulation (EC)
(II)
No 1774/2002;

(A) of Annex VIII

III

(b) unprocessed feathers or parts of feathers in accordance with
to Regulation (EC)
Chapter VIII
No 1774/2002, produced from poultry coming from
outside the protection zone;

(A)(1)(a) of Annex VIII

(c) processed poultry feathers and parts of poultry feathers that
have been treated with a steam current or by some other
method that ensures that no pathogens remain;

(d) products derived from poultry or other captive birds which,
in accordance with Community legislation, are not subject
to any animal health conditions or which are not subject to
any ban or
reasons of animal health,
including the products referred to in Chapter VII (A)(1)(a)
of Annex VIII to Regulation (EC) No 1774/2002.

restriction for

2.
Germany shall ensure that the products referred to in
paragraph 1(b) and (c) are accompanied by a commercial
document in accordance with Chapter X of Annex II to Regu-
lation (EC) No 1774/2002 stating in point 6.1 of
that
document that those products have been treated with a steam
current or by some other method ensuring that no pathogens
remains.

However, that commercial document shall not be required for
processed decorative feathers, processed feathers carried by

1. Where movements of animals or products thereof covered
by this Decision are authorised under Articles 6 to 9, all appro-
priate biosecurity measures shall be taken to avoid the spread of
avian influenza.

2. Where the dispatch, movement or transport of products
referred to in paragraph 1 are authorised under Articles 7, 8
and 9, they must be obtained, handled, treated, stored and
transported separately from other products fulfilling all
the
animal health requirements for trade, placing on the market
or export to third countries.

Article 11

Compliance

Germany shall
comply with this Decision and publish those measures.
shall immediately inform the Commission thereof.

immediately take the necessary measures to
It

Article 12

Addressee

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 15 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission