Commission Implementing Decision (EU) 2015/2239 of 2 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France (notified under document C(2015) 8755) (Text with EEA relevance)
Date: 2015-12-02
Institutions: European Commission
Subjects: avian influenza, poultry, regions of France, trade restriction, veterinary inspection




L_2015317EN.01003701.xml










3.12.2015   


EN


Official Journal of the European Union


L 317/37








            COMMISSION IMPLEMENTING DECISION (EU) 2015/2239
of 2 December 2015
         
concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France


(notified under document C(2015) 8755)


(Only the French text is authentic)
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


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,

Whereas:







(1)


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












(2)


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












(3)


In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products.












(4)


Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early 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. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza.












(5)


France notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) of the subtype H5 namely H5N1 and H5N2 in holdings on its territory where poultry or other captive birds are kept.












(6)


Ongoing laboratory investigations including sequencing in order to further characterise the causative virus of the first outbreak suggest that the genetics of the HPAI H5N1 virus strain are different from the HPAI virus of the H5N1 subtype that first appeared in Europe in 2005. Rather it appears that the HPAI virus strain of the H5N1 subtype detected in France recently mutated from a low pathogenic form previously detected in the Union to a virus of high pathogenicity. It appears therefore not necessary to apply the same additional protection measures as those laid down in Commission Decision 2006/415/EC (4) which were specifically adopted for the highly pathogenic avian influenza virus of H5N1 subtype that first appeared in Europe in 2005.












(7)


France took therefore immediately control measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones.












(8)


The Commission has examined those measures in collaboration with France, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authority in that Member State, are at a sufficient distance to the actual holdings where the outbreaks were confirmed.












(9)


In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define the protection and surveillance zones established in France at Union level in collaboration with that Member State.












(10)


Accordingly, the protection and surveillance zones in France, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be defined in the Annex to this Decision and the duration of that regionalisation fixed.












(11)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS DECISION:



Article 1
France shall ensure that the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC comprise at least the areas listed as protection and surveillance zones in Parts A and B of the Annex to this Decision.


Article 2
This Decision shall apply until 31 March 2016.


Article 3
This Decision is addressed to the French Republic.




Done at Brussels,2 December 2015.


For the Commission

Vytenis ANDRIUKAITIS
            

Member of the Commission






(1)  
            OJ L 395, 30.12.1989, p. 13.

(2)  
            OJ L 224, 18.8.1990, p. 29.

(3)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

(4)  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 (OJ L 164, 16.6.2006, p. 51).




ANNEX

Part A

Protection zone as referred to in Article 1:









ISO Country Code


Member State


Postal code


Name


Date until applicable in accordance with Article 29 of Directive 2005/94/EC







FR




France



 



Area comprising the communes of:



 




 


 


24042
24055
24069
24115
24520
24561


Biras
Bourdeilles
Bussac
Château-L'Evêque
Sencenac-Puy-De-Fourches
Valeul


13.12.2015




24095
24481


Chaleix
Saint-Paul-la-Roche


23.12.2015




24082
24152
24207
24587


Carsac-Aillac
Domme
Groléjac
Vitrac


24.12.2015





Part B

Surveillance zone as referred to in Article 1:









ISO Country Code


Member State


Postal code


Name


Date until applicable in accordance with Article 31 of Directive 2005/94/EC







FR




France



 



Area comprising the communes of:



 





H5N1



 


24002
24010
24064
24098
24102
24108
24129
24135
24144
24170
24198
24200
24243
24266
24286
24319
24430
24553


Agonac
Annesse-et-Beaulieu
Brantome
Champcevinel
Chancelade
La Chapelle-Gonaguet
Condat-Sur Trincou
Cornille
Creyssac
Eyvirat
La Gonterie-Boulouneix
Grand-Brassac
Lisle
Mensignac
Montagrier
Paussac-Et-Saint-Vivien
Saint-Julien-De-Bourdeilles
Tocane-Saint-Apre


22.12.2015




24042
24055
24069
24115
24520
24561


Biras
Bourdeilles
Bussac
Château-L'Evêque
Sencenac-Puy-De-Fourches
Valeul


14.12.-.12.2015




24133
24180
24218
24269
24304
24305
24428
24486
24489
24498
24519
24522
24551


La Coquille
Firbeix
Jumilhac-le-Grand
Mialet
Nantheuil
Nanthiat
Saint-Jory-de-Chalais
Saint-Pierre-de-Frugie
Saint-Priest-les-Fougères
Saint-Saud-Lacoussière
Sarlande
Sarrazac
Thiviers


1.1.2016




24095
24481


Chaleix
Saint-Paul-la-Roche


24.12.2015- 1.1.2016




24086
24091
24150
24040
24063
24074
24081
24082
24300
24336
24341
24355
24366
24395
24432
24450
24470
24471
24510
46006
46098
24512
24520
24574
24577
46186
46194
46216
46257


Castelnaud-la-Chapelle
Cénac-et-Saint-Julien
Daglan
Beynac-et-Cazenac
Bouzic
Calviac-en-Périgord
Carlux
Carsac-Aillac
Nabirat
Prats-de-Carlux
Proissans
La Roque-Gageac
Saint-André-d'Allas
Saint-Cybranet
Saint-Julien-de-Lampon
Saint-Martial-de-Nabirat
Sainte-Mondane
Sainte-Nathalène
Saint-Vincent-de-Cosse
Anglars-Nozac
Fajoles
Saint-Vincent-le-Paluel
Sarlat-la-Canéda
Veyrignac
Vézac
Masclat
Milhac
Payrignac
Saint-Cirq-Madelon


2.1.2016




24040
24063
24074
24081
24082
24152
24207
24587


Beynac-et-Cazenac
Bouzic
Calviac-en-Périgord
Carlux
Carsac-Aillac
Domme
Groléjac
Vitrac


25.12-.2.1.2016