http://www.legislation.gov.uk/id/eudn/2007/604

Commission Decision

of 7 September 2007

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

(notified under document number C(2007) 4141)

(Text with EEA relevance)

(2007/604/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 market1, 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 market2, and in particular Article 10(4) 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/EEC3, 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 the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC4 lays down certain protection measures to be applied in order to prevent the spread of that disease. Those measures include the establishment of areas A and B, where protection measures are to be applied, following a suspected or confirmed outbreak of the disease. The Annex to Decision 2006/415/EC lists areas A and B.

(2)

Following an outbreak of highly pathogenic avian influenza of H5N1 subtype in the Land Bavaria in Germany, Decision 2006/415/EC was amended by Decision 2007/591/EC, in order to amend the Annex to Decision 2006/415/EC, as regards the entries for that Member State.

(3)

The protection measures taken by Germany pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision, have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health.

(4)

In addition, in the interests of clarity of Community legislation, entries in the Annex to Decision 2006/415/EC which refer to areas A and B in the Czech Republic and Germany where protection measures are no longer applicable should be deleted.

(5)

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

(6)

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: