Commission Implementing Decision (EU) 2016/2064
of 24 November 2016
amending the Annexes to Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary and Germany
(notified under document C(2016) 7736)
(Only the German and Hungarian texts are 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 , 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 , and in particular Article 10(4) thereof,
Whereas:
(1)
Commission Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 were adopted following outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings in Hungary and Germany, and the establishment of protection and surveillance zones by the competent authority of these Member States in accordance with Council Directive 2005/94/EC .
(2)
Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 provide that the protection and surveillance zones established by Hungary and Germany in accordance with Directive 2005/94/EC are to comprise at least the areas listed as protection and surveillance zones in the Annexes to these Implementing Decisions.
(3)
Since the date of adoption of Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011, Hungary and Germany have notified the Commission of further outbreaks of avian influenza of subtype H5N8 in poultry holdings outside the areas listed in the Annexes to Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 (the new outbreaks).
(4)
Following the new outbreaks, Hungary and Germany took the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around the new outbreaks.
(5)
The Commission has examined the measures taken by Hungary and Germany and it is satisfied that the boundaries of the new protection and surveillance zones, established by the competent authority of these Member States in accordance with Directive 2005/94/EC, are at a sufficient distance to the actual holdings where the new outbreaks have been confirmed.
(6)
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 describe at Union level, in collaboration with Hungary and Germany, the new protection and surveillance zones established in these Member States in accordance with Directive 2005/94/EC.
(7)
Accordingly, the Annexes to Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 should be amended to include the new protection and surveillance zones.
(8)
Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 should therefore be amended accordingly.
(9)
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:
OJ L 395, 30.12.1989, p. 13.
OJ L 224, 18.8.1990, p. 29.
Commission Implementing Decision (EU) 2016/1968 of 9 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary (OJ L 303, 10.11.2016, p. 23).
Commission Implementing Decision (EU) 2016/2011 of 16 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (OJ L 310, 17.11.2016, p. 73).
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).