Commission Implementing Decision of 25 November 2014 concerning certain protective measures in relation to recent outbreaks of highly pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2014) 9126) (Only the Dutch text is authentic) (Text with EEA relevance) (2014/833/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. Following the notification by the Netherlands of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a laying hen holding in Hekendorp in the province of Utrecht, on 16 November 2014, Commission Implementing Decision 2014/808/EU⁽⁴⁾ was adopted. As a precautionary measure and in order to evaluate the situation and minimise any risk of further possible spread from the confirmed outbreak the Dutch authorities have temporarily prohibited movements of live poultry and certain poultry products on the whole territory of that Member State.

6. Implementing Decision 2014/808/EU provides that the protection and surveillance zones established by the Netherlands, in accordance with Directive 2005/94/EC, are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. Implementing Decision 2014/808/EU is to apply until 22 December 2014.

7. The interim protective measures put in place following the outbreak in Hekendorp in the Netherlands were reviewed within the framework of the Standing Committee on Plants, Animals, Food and Feed on 20 November 2014.

8. Two further outbreaks were confirmed in the Netherlands on 21 November 2014 in another laying hen holding in Ter Aar in the province of Zuid-Holland and in a breeding poultry holding in Kamperveen in the province of Overijssel. The measures provided for in Directive 2005/94/EC were immediately implemented, including the establishment of protection and surveillance zones. The Netherlands also decided to order again a temporary prohibition on the movements of live poultry and certain poultry products on the whole territory of that Member State.

9. The list of protection and surveillance zones set out in the Annex to Implementing Decision 2014/808/EU should be updated in order to take into account the establishment of the protection and surveillance zones around the two outbreaks in Ter Aar and Kamperveen where the measures provided for in Directive 2005/94/EC are being implemented.

10. 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 define the protection and surveillance zones established in the Netherlands at Union level in collaboration with that Member State and to fix the duration of that regionalisation.

11. For the sake of clarity, Implementing Decision 2014/808/EU should be repealed and replaced by this Decision.

12. 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: