2008/795/EC: Commission Decision of 10 October 2008 concerning certain interim protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in Germany (notified under document number C(2008) 6026) (Text with EEA relevance)
Date: 2008-10-10
Institutions: European Commission
Subjects: Germany, animal disease, disease prevention, health control, poultry, trade restriction, veterinary legislation

L 272/16

EN

Official Journal of the European Union

14.10.2008

COMMISSION DECISION

of 10 October 2008

concerning certain interim protection measures in relation to highly pathogenic avian influenza of
subtype H5N1 in poultry in Germany

(notified under document number C(2008) 6026)

(Text with EEA relevance)

(2008/795/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

holdings and to wild birds. As a result it may spread
from one Member State to another Member State and
to third countries through trade in live birds or their
products and by migration of wild birds.

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(3) 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(3) thereof,

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

and in particular

requirements

applicable

the

the

to

Whereas:

(1)

(2)

(3)

Avian influenza is an infectious viral disease in birds,
including poultry. Infection with avian influenza viruses
that
in domestic poultry causes two main forms of
disease that are distinguished by their virulence. The
low pathogenic
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.

form generally only

Avian influenza is mainly found in birds, but under
in
can also occur
infections
certain circumstances
humans even though the risk is generally very low.

In the event of an outbreak of avian influenza, there is a
risk that the disease agent might spread to other poultry

(4)

(5)

(6)

(7)

Council Directive 2005/94/EC of 20 December 2005 on
Community measures for the control of avian influenza
and repealing Directive 92/40/EEC (4) sets out measures
for the control of both the low pathogenic and highly
pathogenic forms of avian influenza. Article 16 of that
Directive provides for the establishment of protection,
surveillance and further restricted zones in the event of
outbreaks of highly pathogenic avian influenza.

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 (5)
protection
down
measures to be applied in a Member State affected by
the highly pathogenic avian influenza virus of the H5N1
subtype in order to prevent the spread of that disease,
taking into account the specific epidemiology of that
particular virus strain.

additional

lays

Article 4 of Decision 2006/415/EC requires that Member
States immediately following a suspected or confirmed
outbreak of highly pathogenic
avian influenza of
subtype H5N1 establish a high risk area consisting of
protection and surveillance zones (area A) and a low
risk area separating area A from the disease-free parts
of the affected Member State (area B). Those areas are
listed in the Annex to that Decision.

Germany has notified the Commission of a confirmed
outbreak of highly pathogenic
avian influenza of
subtype H5N1 on its territory and has taken the appro­
in Decision
priate measures
2006/415/EC,
including the establishment of areas A
and B.

provided

for

as

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) OJ L 146, 13.6.2003, p. 1.

(4) OJ L 10, 14.1.2006, p. 16.
(5) OJ L 164, 16.6.2006, p. 51.

14.10.2008

EN

Official Journal of the European Union

L 272/17

(8)

(9)

The Commission has now examined those protection
measures
and is
in collaboration with Germany,
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 confirmed
outbreak.

In order to prevent any unnecessary disturbance to intra-
community trade and to avoid the adoption of unjus­
tified barriers to trade by third countries, it is necessary
to promptly establish a list of the areas A and B in
Germany at Community level.

(10) Accordingly, pending the next meeting of the Standing
Committee on the Food Chain and Animal Health, areas
A and B in Germany, where the protection measures laid
down in Decision 2006/415/EC are to apply, should be
listed in the present Decision and the duration of that
regionalisation fixed.

HAS ADOPTED THIS DECISION:

Article 1

This Decision defines
the areas within which the interim
protection measures provided for in Decision 2006/415/EC
shall apply and the period of application of such measures.

Article 2

1.
The area listed in Part A of the Annex to this Decision
shall be considered the high risk area (‘area A’) as referred to in
Article 3(1) of Decision 2006/415/EC.

The area listed in Part B of the Annex to this Decision
2.
shall be considered the low risk area (‘area B’) as referred to in
Article 3(2) of Decision 2006/415/EC.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 10 October 2008.

(11)

This Decision will be reviewed at the next meeting of the
Standing Committee on the Food Chain and Animal
Health,

For the Commission

Androulla VASSILIOU
Member of the Commission

L 272/18

EN

Official Journal of the European Union

14.10.2008

ANNEX

PART A

Area A as referred to in Article 3(1) of Decision 2006/415/EC:

ISO
Country
Code

Member State

DE

GERMANY

Code
(if available)

Görlitz
14292

Area A

Name

Date until
applicable
Article 4(4) (b)(iii)

Görlitz
Markersdorf
Schöpstal
Königshain
Reichenbach/O.L.
Sohland a. Rotstein
Bernstadt a. d. Eigen
Schönau-Berzdorf a. d. Eigen
Kodersdorf
Vierkirchen
Waldhufen

8.11.2008

Area B as referred to in Article 3(2) of Decision 2006/415/EC:

PART B

ISO
Country
Code

Member State

DE

GERMANY

Code
(if available)

Görlitz
14292

Bautzen
14272

Area B

Name

Date until
applicable
Article 4(4) (b)(iii)

Neißeaue
Horka
Niesky
Quitzdorf am See
Hohendubrau
Kittlitz
Löbau
Rosenbach
Berthelsdorf
Großhennersdorf
Schlegel
Ostritz

Weißenberg

8.11.2008