CELEX: 32013D0443
Language: en
Date: 2013-08-27 00:00:00
Title: 2013/443/EU: Commission Implementing Decision of 27 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU (notified under document C(2013) 5623)  Text with EEA relevance

29.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 230/20
            
         COMMISSION IMPLEMENTING DECISION
   of 27 August 2013
   concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU
   (notified under document C(2013) 5623)
   (Only the Italian text is authentic)
   (Text with EEA relevance)
   (2013/443/EU)
   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)
            
            
               Council Directive 2009/158/EC (4) lays down rules for trade within the Union in those commodities, including the veterinary certificates to be used.
            
         
               (6)
            
            
               Following the notification by Italy of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding in the commune of Ostellato, in the province of Ferrara in the Region Emilia-Romagna on 15 August 2013, the Commission adopted Implementing Decision 2013/439/EU (5), that lays down provisions for protection and surveillance zones to be established around the outbreak.
            
         
               (7)
            
            
               On 21 August 2013 Italy notified the occurrence of a second outbreak of disease in the commune of Mordano in the province of Bologna and on 23 August 2013 of a third outbreak of disease in the commune of Portomaggiore in the province of Ferrara, both in the Region Emilia-Romagna and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection, surveillance and further restricted zones, which should be defined in Parts A, B and C of the Annex to this Decision.
            
         
               (8)
            
            
               The Commission has examined those measures in collaboration with Italy, and it is satisfied that the borders of those zones established by the competent authority in that Member State are at a sufficient distance to the actual holding where the outbreak was 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 those zones established in Italy at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from those zones to other Member States or to third countries.
            
         
               (10)
            
            
               Day-old chicks present a negligible risk for the spread of the disease provided that in accordance with the provisions of Article 30(c)(iii) second subparagraph of the Directive 2005/94/EC they have hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones and the hatchery of dispatch can ensure by its logistics and by its biosecurity working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the established protection or surveillance zones and which are therefore of a different health status.
            
         
               (11)
            
            
               Hatching eggs equally present a negligible risk for the spread of the disease provided that in accordance with the provisions of Article 30(c)(iv) of Directive 2005/94/EC they originate from holdings located outside the protection and surveillance zones and their packaging is disinfected before dispatch to a designated hatchery.
            
         
               (12)
            
            
               It is therefore appropriate that the competent authority of Italy may authorise the dispatch of consignments of day-old chicks and hatching eggs from the further restricted zones defined in this Decision according to the requirements laid down in Directive 2005/94/EC provided that Italy gives written notification in advance and the Member State or third country of destination confirms its prior agreement to receive these consignments.
            
         
               (13)
            
            
               In order to verify compliance with the provisions of this Decision, it is appropriate that the veterinary certificates provided for in Directive 2009/158/EC include a reference to that effect.
            
         
               (14)
            
            
               For the sake of clarity, Implementing Decision 2013/439/EU should be repealed.
            
         
               (15)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Italy shall ensure that the protection, surveillance and further restricted zones established in accordance with Article 16(1) and (4) of Directive 2005/94/EC comprise at least the areas listed in Parts A, B and C of the Annex to this Decision.
   Article 2
   1.   Italy shall ensure that no consignments of live poultry, ready to-lay-poultry, day-old chicks and hatching eggs are dispatched from the zones listed in Parts A, B and C of the Annex to other Member States or third countries.
   2.   By way of derogation from paragraph 1, the competent authority of Italy may authorise the dispatch of consignments of day-old chicks and hatching eggs from the zones listed in Part C of the Annex to other Member States or third countries provided that:
   
               (a)
            
            
               the measures laid down in Article 30(c)(iii) second subparagraph and (iv) of Directive 2005/94/EC are applied;
            
         
               (b)
            
            
               the competent authority of the Member State or third country of destination is given written notification in advance and undertakes to receive the consignments of the day-old chicks and hatching eggs and notify their date of arrival at the holding of destination on its territory to the competent authority of Italy.
            
         3.   Italy shall ensure that the veterinary certificates accompanying the consignments referred to in paragraph 2 to be dispatched to other Member States include the words:
   
      ‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision 2013/443/EU (6).
   
   Article 3
   Implementing Decision 2013/439/EU is repealed.
   Article 4
   This Decision is addressed to the Italian Republic.
   
      Done at Brussels, 27 August 2013.
      
         
            For the Commission
         
         Tonio BORG
         
            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 (OJ L 10, 14.1.2006, p. 16).
   
      (4)  Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).
   
      (5)  Commission Implementing Decision 2013/439/EU of 19 august 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 223, 21.8.2013, p. 10).
   
      (6)  OJ L 230, 29.8.2013, p. 20’.
   
      ANNEX
      PART A
      Protection zones 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
               
            
                  IT
               
               
                  Italy
               
               
                   
               
               
                  Area comprising the municipalities of:
               
               
                   
               
            
                   
               
               
                   
               
               
                  44020
               
               
                  Ostellato
               
               
                  14.9.2013
               
            
                   
               
               
                   
               
               
                  40027
               
               
                  Mordano
               
               
                  30.9.2013
               
            
                  48010
               
               
                  Bagnara di Romagna
               
            
                  40026
               
               
                  Part of the territory of the municipality of Imola situated east of the state road 610 and north of the state road 9 ‘Via Emilia’.
               
            
                  48027
               
               
                  Part of the territory of the municipality of Solarolo situated north of the junction of highway A14 to Ravenna.
               
            
                   
               
               
                   
               
               
                  44015
               
               
                  Portomaggiore
               
               
                  18.9.2013
               
            PART B
      Surveillance zones 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
               
            
                  IT
               
               
                  Italy
               
               
                   
               
               
                  Area comprising the municipalities of:
               
               
                   
               
            
                   
               
               
                   
               
               
                  44011
               
               
                  Argenta
               
               
                  23.9.2013
               
            
                  44022
               
               
                  Comacchio
               
            
                  44027
               
               
                  Migliarino
               
            
                  44020
               
               
                  Migliaro
               
            
                  44015
               
               
                  Portomaggiore
               
            
                  44039
               
               
                  Tresigallo
               
            
                   
               
               
                   
               
               
                  48014
               
               
                  Castelbolognese
               
               
                  9.10.2013
               
            
                  40023
               
               
                  Castelguelfo
               
            
                  48017
               
               
                  Conselice
               
            
                  48010
               
               
                  Cotignola
               
            
                  48018
               
               
                  Faenza
               
            
                  40026
               
               
                  Imola (remaining part of the municipality)
               
            
                  48022
               
               
                  Lugo
               
            
                  48024
               
               
                  Massalombarda
               
            
                  48020
               
               
                  Sant’Agata sul Santerno
               
            
                  48027
               
               
                  Solarolo (remaining part of the municipality)
               
            
                   
               
               
                   
               
               
                  44020
               
               
                  Masi Torello
               
               
                  27.9.2013
               
            
                  44123
               
               
                  Part of the territory of the municipality of Ferrara situated east of the state road 15 ‘Via Pomposa’ and the provincial road ‘Via Ponte Assa’.
               
            PART C
      Further restricted zone as referred to in Article 1:
      
                  ISO Country Code
               
               
                  Member State
               
               
                  Postal Code
               
               
                  Name
               
               
                  Date until the measures are applicable
               
            
                  IT
               
               
                  Italy
               
               
                   
               
               
                  Area comprising the municipalities of:
               
               
                   
               
            
                   
               
               
                   
               
               
                  48011
               
               
                  Alfonsine
               
               
                  11.9.2013
               
            
                  29002
               
               
                  Ariano nel Polesine
               
            
                  39002
               
               
                  Bagnacavallo
               
            
                  38002
               
               
                  Berra
               
            
                  40003
               
               
                  Brisighella
               
            
                  39004
               
               
                  Bertinoro
               
            
                  39005
               
               
                  Casola Valsenio
               
            
                  40005
               
               
                  Castrocaro Terme e Terra del Sole
               
            
                  39007
               
               
                  Cervia
               
            
                  40007
               
               
                  Cesena
               
            
                  40008
               
               
                  Cesenatico
               
            
                  38005
               
               
                  Codigoro
               
            
                  29017
               
               
                  Corbola
               
            
                  40011
               
               
                  Dovadola
               
            
                  40013
               
               
                  Forlimpopoli
               
            
                  40012
               
               
                  Forlì
               
            
                  39011
               
               
                  Fusignano
               
            
                  40015
               
               
                  Gambettola
               
            
                  40016
               
               
                  Gatteo
               
            
                  38025
               
               
                  Goro
               
            
                  38010
               
               
                  Jolanda di Savoia
               
            
                  38011
               
               
                  Lagosanto
               
            
                  40018
               
               
                  Longiano
               
            
                  38013
               
               
                  Massa Fiscaglia
               
            
                  40019
               
               
                  Meldola
               
            
                  38014
               
               
                  Mesola
               
            
                  40022
               
               
                  Modigliana
               
            
                  29034
               
               
                  Papozze
               
            
                  29039
               
               
                  Porto Tolle
               
            
                  29052
               
               
                  Porto Viro
               
            
                  40032
               
               
                  Predappio
               
            
                  39014
               
               
                  Ravenna
               
            
                  39015
               
               
                  Riolo Terme
               
            
                  39016
               
               
                  Russi
               
            
                  40041
               
               
                  San Mauro Pascoli
               
            
                  40045
               
               
                  Savignano sul Rubicone
               
            
                  29046
               
               
                  Taglio di Po