CELEX: 32015D2239
Language: en
Date: 2015-12-02 00:00:00
Title: 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)

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