{
  "url": "https://openlegislation.uk/eu-decision-2008-812/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2008-812/introduction.json",
  "legislation": "eudn/2008/812",
  "legislation_title": "Commission Decision of 24 October 2008 amending Decision 2006/415/EC concerning certain protection measures in relation to an outbreak of highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany (notified under document number C(2008) 6154) (Text with EEA relevance) (2008/812/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2008-812",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 24 October 2008\namending Decision 2006/415/EC concerning certain protection measures in relation to an outbreak of highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany\n(notified under document number C(2008) 6154)\n(Text with EEA relevance)\n(2008/812/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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,\nHaving 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,\nHaving regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, and in particular the first paragraph of Article 18 thereof,\nHaving 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/EEC, and in particular Article 63(3) thereof,\nWhereas:\n(1)\nCommission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in the Community lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease. Those areas are set out in the Annex to that Decision.\n(2)\nFollowing a confirmed outbreak of highly pathogenic avian influenza of subtype H5N1 in Landkreis Görlitz, Saxony, in Germany, that Member State took protection measures pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision.\n(3)\nCommission Decision 2008/795/EC of 10 October 2008 concerning certain interim protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in Germany was adopted following that outbreak in Germany. That Decision defines the areas within which the protection measures provided for in Decision 2006/415/EC are to apply and the period of application of those measures.\n(4)\nThese interim protection measures have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health and should be confirmed.\n(5)\nThe outbreak in Germany is located close to the border with Poland and therefore Poland has taken the appropriate protection measures as provided for in Decision 2006/415/EC, including the establishment of areas A and B on its territory. These areas should also be added to the Annex to Decision 2006/415/EC.\n(6)\nDecision 2006/415/EC should therefore be amended accordingly.\n(7)\nIn the interests of clarity of Community legislation, Decision 2008/795/EC should be repealed.\n(8)\nThe measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 395, 30.12.1989, p. 13."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 224, 18.8.1990, p. 29."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 146, 13.6.2003, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 10, 14.1.2006, p. 16."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 164, 16.6.2006, p. 51."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 272, 14.10.2008, p. 16."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2008/812/introduction",
    "retrieved_at": "2026-11-01T15:16:40.363283+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}