2008/812/EC: Commission Decision of 24 October 2008 amending Decision 2006/415/EC concerning certain protection measures in relation to an outbreak of highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany (notified under document number C(2008) 6154) (Text with EEA relevance)
Date: 2008-10-24
Institutions: European Commission
Subjects: Germany, Poland, animal disease, animal product, health control, poultry, trade restriction, veterinary inspection

25.10.2008

EN

Official Journal of the European Union

L 282/19

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 24 October 2008

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

(notified under document number C(2008) 6154)

(Text with EEA relevance)

(2008/812/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

of avian influenza and repealing Directive 92/40/EEC (4), and in
particular Article 63(3) thereof,

Having regard to the Treaty
Community,

establishing the European

Whereas:

to

regard

Council Directive

of
Having
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,

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

of
Having
20 December 2005 on Community measures for the control

Council Directive

2005/94/EC

regard

to

(1)

(2)

(3)

in the Community (5)

Commission Decision 2006/415/EC of 14 June 2006
concerning certain protection measures in relation to
highly pathogenic avian influenza of subtype H5N1 in
lays down certain
poultry
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. Those areas are set out in the
Annex to that Decision.

Following a confirmed outbreak of highly pathogenic
avian influenza of subtype H5N1 in Landkreis Görlitz,
Saxony, in Germany, that Member State took protection
measures pursuant to Decision 2006/415/EC, including
the establishment of areas A and B, as provided for in
Article 4 of that Decision.

certain interim protection measures

Commission Decision 2008/795/EC of 10 October 2008
in
concerning
relation to highly pathogenic avian influenza of subtype
H5N1 in poultry in Germany (6) was adopted following
that outbreak in Germany. That Decision defines the
areas within which the protection measures provided
in Decision 2006/415/EC are to apply and the
for
period of application of those measures.

(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.
(6) OJ L 272, 14.10.2008, p. 16.

L 282/20

EN

Official Journal of the European Union

25.10.2008

(4)

(5)

(6)

(7)

(8)

These interim protection measures have now been
reviewed within the
Standing
Committee on the Food Chain and Animal Health and
should be confirmed.

framework of

the

The outbreak in Germany is located close to the border
with Poland and therefore Poland has taken the appro­
priate protection measures as provided for in Decision
2006/415/EC, including the establishment of areas A and
B on its territory. These areas should also be added to the
Annex to Decision 2006/415/EC.

HAS ADOPTED THIS DECISION:

Article 1

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

Decision 2008/795/EC is repealed.

Article 2

Article 3

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

This Decision is addressed to the Member States.

In the interests of clarity of Community legislation,
Decision 2008/795/EC should be repealed.

Done at Brussels, 24 October 2008.

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

in this Decision are in
Standing
the

opinion

the

of

For the Commission

Androulla VASSILIOU
Member of the Commission

25.10.2008

EN

Official Journal of the European Union

L 282/21

Area A as established in accordance with Article 4(2):

ISO Country
Code

Member State

DE

GERMANY

Code
(if available)

Görlitz
14284

PL

POLAND

Dolnośląskie
Voivodship
Zgorzelecki
00225

Area B as established in accordance with Article 4(2):

ISO Country
Code

Member State

DE

GERMANY

Code
(if available)

Görlitz
14284

PL

POLAND

Bautzen
14272

Dolnośląskie
Voivodship
Zgorzelecki
00225

ANNEX

‘ANNEX

PART A

Area A

Name

The 10 km zone established around the
outbreak in the commune of Markersdorf in
the Landkreis of Görlitz including all or parts
of the communes of:
Görlitz
Markersdorf
Schöpstal
Königshain
Reichenbach/O.L.
Sohland a. Rotstein
Bernstadt a. d. Eigen
Schönau-Berzdorf a. d. Eigen
Kodersdorf
Vierkirchen
Waldhufen
The
area
contained within the following boundaries:
— to

in the district of Zgorzelecki

northern

border

of

the North:
Zgorzelec town;

— to the East: eastern border of Zgorzelec
town, Koźmin village and Osiek Łużycki
village;

— to the South: southern border of Osiek

Łużycki village;

— to the West: Polish-German border

PART B

Area B

Name

The area in the Landkreis of Görlitz including
all or parts of the communes of:
Neißeaue
Horka
Niesky
Quitzdorf am See
Hohendubrau
Kittlitz
Löbau
Rosenbach
Berthelsdorf
Großhennersdorf
Schlegel
Ostritz
The
including all or parts of the commune of:
Weißenberg
In the district of Zgorzelecki
palities of:
— Pieńsk including Pieńsk town and village

Landkreis of Bautzen

the munici-

in the

area

area of Pieńsk

— Sulików
— Zgorzelec (areas other than listed in Area

A)

— Zawidów

Date until applicable
in accordance with
Article 4(4)(b)(iii)

13.11.2008

13.11.2008

Date until applicable
in accordance with
Article 4(4)(b)(iii)

13.11.2008

13.11.2008’