Decree of 16 February 2006 amending the Decree of 24 October 2005 on measures to protect birds against avian influenza

Official Journal No. 41 of 17 February 2006, page 2420, text No. 38

Decrees, orders, circulars

General texts

Ministry of Agriculture and Fisheries

Order of 16 February 2006 amending the Order of 24 October 2005 on measures to protect birds against avian influenza

NOR: AGRG0600360A

The Minister for Agriculture and Fisheries,

Having regard to Title II of Book II of the Rural Code, in particular Articles L. 221-1, L. 221-11, L. 221-12, D. 223-22, R. 228-1 and R. 228-7;

Having regard to Commission Decision 2005/734/EC of 19 October 2005, as amended, laying down biosecurity measures to minimise the risk of transmission to poultry and other captive birds, by wild birds, of highly pathogenic avian influenza caused by the H5N1 subtype of the Influenza A virus and establishing an early detection system in particularly exposed areas;

Having regard to the Order of 24 October 2005 implementing Article L. 221-1 of the Rural Code;

Having regard to the Order of 24 October 2005 on measures to protect birds against avian influenza;

Having regard to the opinion of the French Food Safety Agency dated 14 February 2006;

Hereby orders:

Article 1

Articles 2 to 5 of the aforementioned Order of 24 October 2005 are replaced by the following provisions:

‘Art. 2. – The use of surface water for cleaning livestock buildings and equipment, and for watering birds, is prohibited unless such water has been treated to ensure the inactivation of any virus.

“Birds must be supplied with feed and drinking water either inside a building or via feeders and waterers protected in such a way that wild birds cannot access or contaminate them.

“Art. 3. – In all departments of mainland France, birds must be kept inside enclosed buildings.

“An exemption from the first paragraph may be granted where such housing is not practicable. In such cases, the keeper of the birds must arrange for an inspection to be carried out by a veterinary officer. In the departments listed in Part 1, as well as in the local authorities situated in wetlands or in their immediate vicinity listed in Part 2 of the Annex, this inspection must take place monthly, with the first inspection to be carried out before 15 March 2006. Elsewhere, a single inspection is required; it must be carried out before 1 April 2006.

“Where outdoor water sources are necessary for animal welfare reasons, these water sources must be protected so that they are not accessible to wild birds.

“Art. 4. – The derogation referred to in the second paragraph of Article 3 shall not apply, in the municipalities listed in Part 3 of the Annex, to facilities with a stock of fewer than one hundred birds.

“Art. 5. – Any gathering of birds, in particular at fairs, markets, exhibitions or competitions, is prohibited. However, outside the departments referred to in the first paragraph of Article 3, the Prefect may grant an exemption from this prohibition, subject to compliance with the health conditions specified by instruction from the Minister responsible for agriculture.”
Article 2

The Annex to the aforementioned Order of 24 October 2005 is replaced by the Annex to this Order.
Article 3

This Order shall be published in the Official Journal of the French Republic.

Done at Paris, 16 February 2006.

Dominique Bussereau

A N N E X

Part 1

Departments referred to in Article 3

The departments of LANDES (40), LOIRE-ATLANTIQUE (44) and VENDEE (85).

Part 2

List of municipalities referred to in Article 3

You can consult the table in the Official Journal

No. 41 of 17 February 2006, text number 38

Part 3

List of municipalities referred to in Article 4

You can consult the table in the Official Journal

No. 41 of 17 February 2006, text number 38