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Document 02013D0443-20130913

Consolidated text: Commission Implementing Decision of 27 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU (notified under document C(2013) 5623) (Only the Italian text is authentic) (Text with EEA relevance) (2013/443/EU)

ELI: http://data.europa.eu/eli/dec_impl/2013/443/2013-09-13

2013D0443 — EN — 13.09.2013 — 001.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B

COMMISSION IMPLEMENTING DECISION

of 27 August 2013

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU

(notified under document C(2013) 5623)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2013/443/EU)

(OJ L 230, 29.8.2013, p.20)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION IMPLEMENTING DECISION of 11 September 2013

  L 244

34

13.9.2013




▼B

COMMISSION IMPLEMENTING DECISION

of 27 August 2013

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU

(notified under document C(2013) 5623)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2013/443/EU)



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)

Council Directive 2009/158/EC ( 4 ) lays down rules for trade within the Union in those commodities, including the veterinary certificates to be used.

(6)

Following the notification by Italy of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding in the commune of Ostellato, in the province of Ferrara in the Region Emilia-Romagna on 15 August 2013, the Commission adopted Implementing Decision 2013/439/EU ( 5 ), that lays down provisions for protection and surveillance zones to be established around the outbreak.

(7)

On 21 August 2013 Italy notified the occurrence of a second outbreak of disease in the commune of Mordano in the province of Bologna and on 23 August 2013 of a third outbreak of disease in the commune of Portomaggiore in the province of Ferrara, both in the Region Emilia-Romagna and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection, surveillance and further restricted zones, which should be defined in Parts A, B and C of the Annex to this Decision.

(8)

The Commission has examined those measures in collaboration with Italy, and it is satisfied that the borders of those zones established by the competent authority in that Member State are at a sufficient distance to the actual holding where the outbreak was 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 those zones established in Italy at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from those zones to other Member States or to third countries.

(10)

Day-old chicks present a negligible risk for the spread of the disease provided that in accordance with the provisions of Article 30(c)(iii) second subparagraph of the Directive 2005/94/EC they have hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones and the hatchery of dispatch can ensure by its logistics and by its biosecurity working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the established protection or surveillance zones and which are therefore of a different health status.

(11)

Hatching eggs equally present a negligible risk for the spread of the disease provided that in accordance with the provisions of Article 30(c)(iv) of Directive 2005/94/EC they originate from holdings located outside the protection and surveillance zones and their packaging is disinfected before dispatch to a designated hatchery.

(12)

It is therefore appropriate that the competent authority of Italy may authorise the dispatch of consignments of day-old chicks and hatching eggs from the further restricted zones defined in this Decision according to the requirements laid down in Directive 2005/94/EC provided that Italy gives written notification in advance and the Member State or third country of destination confirms its prior agreement to receive these consignments.

(13)

In order to verify compliance with the provisions of this Decision, it is appropriate that the veterinary certificates provided for in Directive 2009/158/EC include a reference to that effect.

(14)

For the sake of clarity, Implementing Decision 2013/439/EU should be repealed.

(15)

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

Italy shall ensure that the protection, surveillance and further restricted zones established in accordance with Article 16(1) and (4) of Directive 2005/94/EC comprise at least the areas listed in Parts A, B and C of the Annex to this Decision.

Article 2

1.  Italy shall ensure that no consignments of live poultry, ready to-lay-poultry, day-old chicks and hatching eggs are dispatched from the zones listed in Parts A, B and C of the Annex to other Member States or third countries.

2.  By way of derogation from paragraph 1, the competent authority of Italy may authorise the dispatch of consignments of day-old chicks and hatching eggs from the zones listed in Part C of the Annex to other Member States or third countries provided that:

(a) the measures laid down in Article 30(c)(iii) second subparagraph and (iv) of Directive 2005/94/EC are applied;

(b) the competent authority of the Member State or third country of destination is given written notification in advance and undertakes to receive the consignments of the day-old chicks and hatching eggs and notify their date of arrival at the holding of destination on its territory to the competent authority of Italy.

3.  Italy shall ensure that the veterinary certificates accompanying the consignments referred to in paragraph 2 to be dispatched to other Member States include the words:

‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision 2013/443/EU ( 6 ).

Article 3

Implementing Decision 2013/439/EU is repealed.

Article 4

This Decision is addressed to the Italian Republic.

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ANNEX

PART A

Protection zones 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

IT

Italy

 

Area comprising the municipalities of:

 
 
 

44020

Ostellato

17.9.2013

 
 

44015

Portomaggiore

 
 
 

40027

Mordano

29.9.2013

 
 

48010

Bagnara di Romagna

 
 
 

40026

Part of the territory of the municipality of Imola situated east of the state road 610 and north of the state road 9 ‘Via Emilia’.

 
 
 

48027

Part of the territory of the municipality of Solarolo situated north of the junction of highway A14 to Ravenna.

 
 
 

44012

Part of the territory of the municipality of Bondeno situated south of the state road 496 and west of the river Panaro.

26.9.2013

 
 

41034

Part of the territory of the municipality of Finale Emilia situated north of the state road 468, east of the provincial road 9 and west of the river Panaro.

 

PART B

Surveillance zones 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

IT

Italy

 

Area comprising the municipalities of:

 
 
 

44011

Argenta

26.9.2013

 
 

44022

Comacchio

 
 
 

44020

Masi Torello

 
 
 

44027

Migliarino

 
 
 

44020

Migliaro

 
 
 

44020

Ostellato

 
 
 

44015

Portomaggiore

 
 
 

44039

Tresigallo

 
 
 

44123

Part of the territory of the municipality of Ferrara situated east of the state road 15 ‘Via Pomposa’ and the provincial road ‘Via Ponte Assa’.

 
 
 

48010

Bagnara di Romagna

8.10.2013

 
 

48014

Castelbolognese

 
 
 

40023

Castelguelfo

 
 
 

48017

Conselice

 
 
 

48010

Cotignola

 
 
 

48018

Faenza

 
 
 

40026

Imola

 
 
 

48022

Lugo

 
 
 

48024

Massalombarda

 
 
 

40059

Medicina

 
 
 

40027

Mordano

 
 
 

48020

Sant’Agata sul Santerno

 
 
 

48027

Solarolo

 
 
 

44012

Bondeno

5.10.2013

 
 

41034

Finale Emilia

 
 
 

44043

Mirabello

 
 
 

44047

Sant’Agostino

 
 
 

44042

Cento

 
 
 

40014

Part of the territory of the municipality of Crevalcore situated north of ‘via Provanone’ and east of the provincial road 9 ‘via Provane’.

 
 
 

41037

Part of the territory of the municipality of Mirandola situated east of the railways Modena – Verona.

 
 
 

41038

Part of the territory of the municipality of San Felice sul Panaro situated east of the railways Modena – Verona.

 
 
 

46028

Part of the territory of the municipality of Sermide situated south of the provincial road 35 ‘via Pole’ and west of the provincial road 37.

 
 
 

46022

Part of the territory of the municipality of Felonica situated south of the provincial road 35 ‘via Pole’.

 

PART C

Further restricted zones as referred to in Article 1:



ISO Country Code

Member State

Postal Code

Name

Date until the measures are applicable

IT

Italy

 

Area comprising the municipalities of:

 
 
 

48011

Alfonsine

24.9.2013

 
 

29002

Ariano nel Polesine

 
 
 

39002

Bagnacavallo

 
 
 

38002

Berra

 
 
 

40003

Bertinoro

 
 
 

39004

Brisighella

 
 
 

39005

Casola Valsenio

 
 
 

40005

Castrocaro Terme e Terra del Sole

 
 
 

39007

Cervia

 
 
 

40007

Cesena

 
 
 

40008

Cesenatico

 
 
 

38005

Codigoro

 
 
 

29017

Corbola

 
 
 

40011

Dovadola

 
 
 

40013

Forlimpopoli

 
 
 

40012

Forlì

 
 
 

39011

Fusignano

 
 
 

40015

Gambettola

 
 
 

40016

Gatteo

 
 
 

38025

Goro

 
 
 

38010

Jolanda di Savoia

 
 
 

38011

Lagosanto

 
 
 

40018

Longiano

 
 
 

38013

Massa Fiscaglia

 
 
 

40019

Meldola

 
 
 

38014

Mesola

 
 
 

40022

Modigliana

 
 
 

29034

Papozze

 
 
 

29039

Porto Tolle

 
 
 

29052

Porto Viro

 
 
 

40032

Predappio

 
 
 

39014

Ravenna

 
 
 

39015

Riolo Terme

 
 
 

39016

Russi

 
 
 

40041

San Mauro Pascoli

 
 
 

40045

Savignano sul Rubicone

 
 
 

29046

Taglio di Po

 



( 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 (OJ L 10, 14.1.2006, p. 16).

( 4 ) Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).

( 5 ) Commission Implementing Decision 2013/439/EU of 19 august 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 223, 21.8.2013, p. 10).

( 6 ) OJ L 230, 29.8.2013, p. 20’.

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