CELEX: 32008D0812
Language: en
Date: 2008-10-24 00:00:00
Title: 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)

25.10.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 282/19
            
         
      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,
   Having regard to the Treaty establishing the European Community,
   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,
   Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular the first paragraph of Article 18 thereof,
   Having regard to 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), and in particular Article 63(3) thereof,
   Whereas:
   
               (1)
            
            
               Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in the Community (5) lays down certain 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.
            
         
               (2)
            
            
               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.
            
         
               (3)
            
            
               Commission Decision 2008/795/EC of 10 October 2008 concerning certain interim protection measures in 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 for in Decision 2006/415/EC are to apply and the period of application of those measures.
            
         
               (4)
            
            
               These interim protection measures have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health and should be confirmed.
            
         
               (5)
            
            
               The outbreak in Germany is located close to the border with Poland and therefore Poland has taken the appropriate 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.
            
         
               (6)
            
            
               Decision 2006/415/EC should therefore be amended accordingly.
            
         
               (7)
            
            
               In the interests of clarity of Community legislation, Decision 2008/795/EC should be repealed.
            
         
               (8)
            
            
               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
   The Annex to Decision 2006/415/EC is replaced by the text in the Annex to this Decision.
   Article 2
   Decision 2008/795/EC is repealed.
   Article 3
   This Decision is addressed to the Member States.
   
      Done at Brussels, 24 October 2008.
      
         
            For the Commission
         
         Androulla VASSILIOU
         
         
            Member of the Commission
         
      
   
   
      (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.
   
      ANNEX
      
         
            ‘ANNEX
            PART A
            Area A as established in accordance with Article 4(2):
            
                        ISO Country Code
                     
                     
                        Member State
                     
                     
                        Area A
                     
                     
                        Date until applicable in accordance with Article 4(4)(b)(iii)
                     
                  
                        Code
                        (if available)
                     
                     
                        Name
                     
                  
                        DE
                     
                     
                        GERMANY
                     
                     
                        Görlitz
                        14284
                     
                     
                        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
                                 
                              
                     
                        13.11.2008
                     
                  
                        PL
                     
                     
                        POLAND
                     
                     
                        Dolnośląskie Voivodship
                        Zgorzelecki
                        00225
                     
                     
                        The area in the district of Zgorzelecki contained within the following boundaries:
                        
                                    —
                                 
                                 
                                    to the North: northern border of 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
                                 
                              
                     
                        13.11.2008
                     
                  PART B
            Area B as established in accordance with Article 4(2):
            
                        ISO Country Code
                     
                     
                        Member State
                     
                     
                        Area B
                     
                     
                        Date until applicable in accordance with Article 4(4)(b)(iii)
                     
                  
                        Code
                        (if available)
                     
                     
                        Name
                     
                  
                        DE
                     
                     
                        GERMANY
                     
                     
                        Görlitz
                        14284
                     
                     
                        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
                                 
                              
                     
                        13.11.2008
                     
                  
                        Bautzen
                        14272
                     
                     
                        The area in the Landkreis of Bautzen including all or parts of the commune of:
                        Weißenberg
                     
                  
                        PL
                     
                     
                        POLAND
                     
                     
                        Dolnośląskie Voivodship
                        Zgorzelecki
                        00225
                     
                     
                        In the district of Zgorzelecki the municipalities of:
                        
                                    —
                                 
                                 
                                    Pieńsk including Pieńsk town and village area of Pieńsk
                                 
                              
                                    —
                                 
                                 
                                    Sulików
                                 
                              
                                    —
                                 
                                 
                                    Zgorzelec (areas other than listed in Area A)
                                 
                              
                                    —
                                 
                                 
                                    Zawidów
                                 
                              
                     
                        13.11.2008’