2008/543/EC: Commission Decision of 18 June 2008 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (notified under document number C(2008) 2701) (Text with EEA relevance)
Date: 2008-06-18
Institutions: European Commission
Subjects: Germany, Poland, animal disease, disease prevention, health control, poultry

3.7.2008

EN

Official Journal of the European Union

L 173/25

COMMISSION DECISION

of 18 June 2008

amending Decision 2006/415/EC concerning certain protection measures in relation to highly
pathogenic avian influenza of the subtype H5N1 in poultry in the Community

(notified under document number C(2008) 2701)

(Text with EEA relevance)

(2008/543/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
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,

89/662/EEC

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,

to

regard

Council Directive

Having
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,

2005/94/EC

Whereas:

(1)

certain preventive
Directive 2005/94/EC sets out
relating to the surveillance and the early
measures
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. It provides
that detailed rules,
required by the epidemiological
situation to supplement the minimum control measures
provided for in that Directive, are to be laid down.

(2)

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
including the establishment of areas A and B
disease,
following a suspected or confirmed outbreak of
the
disease. Those areas are listed in the Annex to Decision
2006/415/EC and at present include parts of Germany
and Poland. That Decision currently applies until 30 June
2008.

Since there is a continuing risk of outbreaks of highly
pathogenic avian influenza of the subtype H5N1 within
the measures laid down in Decision
the Community,
to be
2006/415/EC should be maintained in order
used where that virus is detected in poultry,
thereby
supplementing the measures provided for in Directive
2005/94/EC.

Given the current epidemiological situation in relation to
it is appropriate to
avian influenza in the Community,
extend
of Decision
period
2006/415/EC until 30 June 2009.

application

the

of

Germany and Poland have notified the Commission that,
due to the favourable disease situation on their territory,
they are no longer applying protection measures in
the highly pathogenic avian
relation to outbreaks of
influenza of the subtype H5N1. The measures established
in accordance with Article 4(2) of Decision 2006/415/CE
for areas A and B in those Member States are therefore
no longer necessary.

(3)

(4)

(5)

(6)

Decision 2006/415/EC should therefore be amended
accordingly.

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

the European Parliament and of

(7)

(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 10, 14.1.2006, p. 16.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(4) OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision

2008/70/EC (OJ L 18, 23.1.2008, p. 25).

L 173/26

EN

Official Journal of the European Union

3.7.2008

HAS ADOPTED THIS DECISION:

Article 2

This Decision shall apply from 1 July 2008.

Article 1

Article 3

Decision 2006/415/EC is amended as follows:

This Decision is addressed to the Member States.

1. In Article 12,
‘30 June 2009’.

the date ‘30 June 2008’

is replaced by

Done at Brussels, 18 June 2008.

2. In Parts A and B of the Annex, the entries for Germany and

Poland are deleted.

For the Commission

Androulla VASSILIOU
Member of the Commission