Commission Implementing Decision (EU) 2017/247Show full title

Article 1 U.K.

This Decision establishes at Union level the protection and surveillance zones to be established by the Member States listed in the Annex to this Decision, following an outbreak or outbreaks of highly pathogenic avian influenza in poultry or captive birds in accordance with Article 16(1) of Directive 2005/94/EC and the duration of the measures to be applied in accordance with Article 29(1) and Article 31 of Directive 2005/94/EC (‘the concerned Member States’).

[F1 This Decision also establishes at Union level the further restricted zones to be established in the concerned Member States, as referred to in Article 16(4) of Directive 2005/94/EC, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied in those further restricted zones.

This Decision lays down rules concerning the dispatch of consignments of live poultry, day-old chicks and hatching eggs from the concerned Member States.]

Textual Amendments

F1 Substituted by Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 6886) (Text with EEA relevance).

Article 2 U.K.

The concerned Member States shall ensure that:

(a)

the protection zones established by their competent authorities, in accordance with Article 16(1)(a) of Directive 2005/94/EC, comprise at least the areas listed as protection zones in Part A of the Annex to this Decision;

(b)

the measures to be applied in the protection zones, as provided for in Article 29(1) of Directive 2005/94/EC, are maintained until at least the dates for the protection zones set out in Part A of the Annex to this Decision.

Article 3 U.K.

The concerned Member States shall ensure that:

(a)

the surveillance zones established by their competent authorities in accordance with Article 16(1)(b) of Directive 2005/94/EC, comprise at least the areas listed as surveillance zones in Part B of the Annex to this Decision;

(b)

the measures to be applied in the surveillance zones, as provided for in Article 31 of Directive 2005/94/EC, are maintained until at least the dates for the surveillance zones set out in Part B of the Annex to this Decision.

[F2 Article 3a U.K.

1. The concerned Member States shall prohibit the dispatch of consignments of day-old chicks from the areas listed as protection and surveillance zones in the Annex to other Member States, except where the competent authority of the concerned Member State of dispatch authorises the direct transport of consignments of day-old chicks subject to compliance with the following conditions:

(a) the day-old chicks must be hatched from hatching eggs originating from poultry kept on establishments approved in accordance with point (a)(i) of Article 6 of Council Directive 2009/158/EC (1) (approved establishments) located outside the areas listed as protection and surveillance zones in Parts A and B in the Annex to this Decision;

(b) the approved establishment of dispatch (the hatchery of dispatch) can ensure by its logistics and working conditions that no contact has occurred between the day-old chicks and hatching eggs referred to in point (a) and any other hatching eggs and day-old chicks originating from poultry kept in approved establishments located in areas listed as protection and surveillance zones in the Annex;

(c) the hatchery of dispatch must be located outside the areas listed as protection zones in Part A in the Annex, but it may be located inside the areas listed as surveillance zones in Part B in the Annex.

2. The concerned Member States shall prohibit the dispatch of consignments of day-old chicks originating from hatching eggs from poultry kept in approved establishments located in the protection and surveillance zones listed in the Annex, except where the competent authority of the concerned Member State of dispatch authorises the direct transport of hatching eggs from poultry kept in approved establishments located outside the protection zones, but inside the surveillance zones, to a designated hatchery located outside the protection and surveillance zones, and the competent authority ensures that the day-old chicks originating from such hatching eggs, when dispatched to other Member States comply with the following conditions:

(a) the day-old chicks have hatched in a designated hatchery located outside the protection and surveillance zones listed in the Annex;

(b) the day-old chicks originate from hatching eggs that were disinfected and their packaging was disinfected before being transported to the hatchery of dispatch and where the tracing of these hatching eggs can be ensured.]

F3 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Inserted by Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 2476) (Text with EEA relevance).

F3 Deleted by Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 6886) (Text with EEA relevance).

[F4 Article 3b U.K.

The concerned Member States shall ensure that:

(a)

the further restricted zones established by their competent authorities, as referred to in Article 16(4) of Directive 2005/94/EC, comprise at least the areas listed as further restricted zones in Part C of the Annex to this Decision;

(b)

the measures to be applied in the further restricted zones, as referred to in Article 32 of Directive 2005/94/EC, are maintained until at least the dates for the further restricted zones set out in Part C of the Annex to this Decision.

Textual Amendments

F4 Inserted by Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 6886) (Text with EEA relevance).

Article 3c U.K.

1. The concerned Member States shall prohibit the dispatch of consignments of live poultry, day-old chicks and hatching eggs from the areas listed as further restricted zones in Part C of the Annex to other Member States, except where the competent authority of the concerned Member State of dispatch authorises, subject to the following conditions, the direct transport of consignments of the following commodities:

(a) day-old chicks that comply with the conditions laid down in of Article 3a(1)(a) and (b);

(b) hatching eggs that comply with the following conditions:

(i)

they originate from poultry kept on approved establishments located outside the areas listed as protection and surveillance zones in Parts A and B of the Annex;

(ii)

where a clinical visit of the poultry in all the production units of the approved establishments during the 72 hours preceding the dispatch of the consignment has given a favourable result;

(iii)

the hatching eggs, as well as their packaging, have been disinfected before dispatch in accordance with the instructions of the official veterinarian.

2. The transport of the consignments of day-old chicks and hatching eggs referred to in paragraph (1) shall be carried out without undue delay in vehicles, containers, boxes, as appropriate, that have been cleaned and disinfected according to the instructions of the official veterinarian.

Textual Amendments

F4 Inserted by Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 6886) (Text with EEA relevance).

Article 3d U.K.

The concerned Member State shall ensure that the veterinary certificates provided for Article 20 of Directive 2009/158/EC, and set out in Annex IV thereto, accompanying the consignments of day-old chicks and hatching eggs referred to in Articles 3a and 3c of this Decision to be dispatched to other Member States include the following sentence:

‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision (EU) 2017/247.’ .]

Textual Amendments

F4 Inserted by Commission Implementing Decision (EU) 2017/1841 of 10 October 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 6886) (Text with EEA relevance).

Article 4 U.K.

Implementing Decision (EU) 2016/2122 is repealed.

Article 5 U.K.

This Decision shall apply until [F5 31 December 2019].

Textual Amendments

F5 Substituted by Commission Implementing Decision (EU) 2018/1307 of 27 September 2018 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 6382) (Text with EEA relevance).

Article 6 U.K.

This Decision is addressed to the Member States.