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Avian Influenza Regulation 2007

Original Language Title: Geflügelpest-Verordnung 2007

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309. Regulation of the Federal Minister for Health, Family and Youth on the protection and eradication measures for the control of avian influenza (avian influenza regulation 2007)

Because of

1.

§ § 1 para. 5 and 6, 2c, 7, 8, 23 para. 2 and 45a of the Animal Health Law (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. I n ° 136/2006 and the Federal Law BGBl. I No 6/2007,

2.

§ 2 para. 1 of the Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 13/2006 and the Federal Law BGBl. I No 6/2007, and

3.

§ § 34, 50, 53 (7) and 55 (3) of the Food Safety and Consumer Protection Act (LMSVG), BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I n ° 6/2007 and the Federal Law BGBl. I No 24/2007,

-with regard to § § 3 (surveillance; poultry and wild birds), 5 (monitoring; national reference laboratory; reports) and 58 (1) (cost; investigation costs for surveillance measures) in agreement with the Federal Minister for Finance and the Federal Minister for Agriculture, Forestry, Environment and Water Management:

table of contents

Part 1

General, monitoring and biosecurity measures

1. Section: General

§ 1 Scope

§ 2 Definitions

2. Section: Monitoring

§ 3 Fowl and wild birds

§ 4 General notification requirement for the discovery of dead water or birds of prey

§ 5 National Reference Laboratory; Reports

Section 6 General reporting obligation for poultry and other birds

Section 3: Biosafety measures

§ 7 Reporting obligation for events with poultry or other birds

§ 8 Obligations of the keeper in areas with increased risk of poultry pest

§ 9 Realization of areas with increased risk of avian influenza

Part 2

Measures to be taken on suspected avian influenza

§ 10 Measures in the case of avian influenza suspected in holdings; biosecurity measures

Section 11 Repeal of measures in the case of avian influenza suspected

§ 12 Additional measures; restricted zone

Part 3

Measures in the event of an outbreak of HPAI

1. Section: Measures in establishments in the case of HPAI outbreak

Section 13 Measures in establishments in the case of HPAI outbreak

Section 14 Exceptions to certain establishments in the case of HPAI outbreak

§ 15 Exceptions to eggs in the case of HPAI outbreak

Section 16 Exceptions to separate production units in the case of HPAI outbreak

Section 17 Measures in contact companies in the case of HPAI outbreak

2. Section: Protection, surveillance and buffer zones

§ 18 Zone laying in the case of HPAI outbreak

Section 19 Measures applicable to the protection, surveillance and buffer zones;

Biosecurity measures in the case of HPAI outbreak

§ 20 Ban on event and release within the zones

Section 21 Additional Biosafety measures in the case of HPAI outbreak

3. Section: Measures in the protection zone

Section 22 Collection of all holdings in the protection zone

Section 23 Measures in establishments within the protection zone

§ 24 Restrictions and prohibitions in the protection zone

Section 25 Exceptions to the direct transport of poultry for immediate slaughter

and the movement or treatment of poultrymeat

Section 26 Exceptions to the direct transport of one-day chicks

Section 27 Exceptions to the direct transport of young laying hens

Section 28 Exceptions to the direct transport of brood and consumer eggs

Section 29 Exceptions to the direct transport of carcasses

Section 30 Repeal of the measures in the protection zone

Section 4: Measures in the surveillance zone

Section 31 Collection of all commercial poultry holdings in the surveillance zone

Section 32 Measures in establishments within the surveillance zone

Section 33 Restrictions on movement of poultry and eggs within the surveillance zone

Section 34 Restrictions on movement of poultry and eggs

in establishments outside the surveillance zone

§ 35 Restrictions on movement of birds kept as pets

and domestic mammals

§ 36 Restrictions on shipments of used litter, feces and manure

Section 37 Repeal of the measures in the surveillance zone

5. Section: Measures in buffer zones

Section 38 Measures in buffer zones

6. Section: Measures in the case of HPAI suspicion or confirmation
in slaughterhouses, transport equipment or border inspection posts

Section 39 Measures in the case of HPAI suspicion or confirmation in slaughterhouses

§ 40 Measures in the case of HPAI suspicion or confirmation in transport equipment

Section 41 Measures in the case of HPAI suspicion or confirmation in border inspection posts

Part 4

Measures in the event of NPAI outbreak

1. Section: Measures in operations at NPAI outbreak

Section 42 Measures in establishments in the case of NPAI outbreak

Section 43 Exceptions to certain establishments in the case of NPAI outbreak

Section 44 Measures in contact companies in the case of NPAI outbreak

2. Section: NPAI restriction sites

Section 45 Establiction of NPAI restriction sites

Section 46 Restrictions on movement of poultry and eggs

within NPAI restriction sites

Section 47 Restrictions on movement of poultry and eggs

in establishments outside NPAI restriction sites

Section 48 Restrictions on movement of poultry, others in captivity

Birds and domestic mammals in NPAI restriction sites

Section 49 Restrictions on movements of used litter, feces and manure

in NPAI restriction sites

§ 50 Prohibition of event and release in NPAI restriction sites;

further measures

Section 51 Exceptions to certain establishments in NPAI restriction sites

Section 52 Repeal of the measures in NPAI restriction sites

Part 5

Other and final provisions

1. Section: Other animal species

Section 53 Measures relating to pigs and other animals

2. Section: Cleaning, disinfection and re-occupancy

§ 54 Cleaning, disinfection and procedures for inactivation

of the pathogen of the avian influenza

§ 55 Reoccupancy

Section 3: Diagnostic methods and vaccinations

§ 56 Diagnostic Methods and Diagnostic Manual

§ 57 vaccinations

Section 4: Final provisions

§ 58 Costs

Section 59 Sanctions

Section 60 referrals and personal names; headings

Section 61 Implementation of EU provisions

Section 62 In-Power Trees

Appendix 1

Areas with increased risk of avian influenza

Appendix 2

Principles and procedural requirements for cleaning, disinfection

and treatment of establishments

Appendix 3

Criteria for the decision on the application of measures

at NPAI in establishments

Appendix 4

Main criteria for the decision on an inventory of contacts in contact companies

or in establishments in vulnerable areas within the buffer zone

Part 1

General, monitoring and biosecurity measures

Section 1

General

Scope

§ 1. (1) This Regulation shall apply to:

1.

the monitoring of poultry, other birds kept in captivity and wild birds for possible signs of the presence of the pathogen of the avian influenza,

2.

Biosecurity measures to protect against the outbreak or spread of avian influenza; and

3.

Protection and control measures where poultry or other birds in captivity are suspected of being infected or suspected of being infected with avian influenza.

(2) In the event of an outbreak of avian influenza in wild birds, the Wildvogel-poultry pest regulation, BGBl. II No 404/2006.

Definitions

§ 2. For the purposes of this Regulation:

1.

AGES: the Austrian Agency for Health and Food Safety (GmbH;

2.

AGES-Mödling: the Austrian Agency for Health and Food Security GmbH, company site Mödling, Robert Koch Gasse 17, A-2340 Mödling;

3.

AI-Crisis plan: the Austrian crisis plan Aviary Influenza, approved by the European Commission, by the Federal Minister for Health, Family and Youth, as it is on the homepage of the Federal Ministry of Health, Family and Youth (http://www.bmgfj.gv.) is published;

4.

officially registered, rare poultry or other captive bird breeds: poultry or other captive birds which are officially registered by the provincial governor in the AI contingency plan of the respective federal state;

5.

official veterinarian: the official veterinarian of the competent authority or a disease veterinary surgeon appointed by the Governor of the State in accordance with Section 2a of the TSG;

6.

Official veterinarian in accordance with § 24 LMSVG: an official veterinarian according to § 24 para. 3 3. Sentence or a representative of an official veterinarian in accordance with § 24 para. 4 LMSVG;

7.

official controls: the monitoring of the health status of poultry, other birds in captivity, or mammals in a holding by the official veterinarian, in respect of avian influenza;

8.

Other birds held in captivity: birds other than poultry which are held for reasons other than those mentioned in Z 20 (poultry), including birds which are intended for animal shows, betting flights, exhibitions and tournaments, as well as for birds, for rearing or selling purposes, except

a)

Pet animals of these bird species which accompany their owners or any other natural person responsible for the animals during the transfer on behalf of the owner, and who are not intended to be the subject of a sale or a the transfer of ownership;

b)

Birds and sentinel animals kept in zoological gardens, circuses, amusement parks and experimental laboratories, which are accommodated by the Federal Minister of Health and Women's Federal Minister for Health and Women in the framework of monitoring and research activities there ,

9.

Avian Influenza: avian influenza (abbreviated to AI): an infection of poultry or other captive birds caused by type A influenza virus

a)

subtypes H5 or H7, or

b)

with an intravenous pathogenicity index of more than 1.2 in six week old chickens;

10.

Authority: unless expressly stated otherwise, the locally competent district administrative authority;

11.

Observation period: period of 21 days after re-occupancy of a cleared stock in which newly deployed animals are subject to official surveillance by the Authority;

12.

Stock: all poultry and all other birds held captive within a single unit of production;

13.

Establishment: any agricultural or other equipment or plant, including hatchery, circus, zoo, bird shop, bird market, aviary or enclosure, in which poultry and other captive birds are bred or kept; not However, the term "establishment" shall

a)

Slaughterhouses,

b)

animal transport equipment,

c)

quarantine facilities or quarantine stations,

d)

border inspection posts,

e)

laboratories and

f)

the attitude of homebirds in the sense of Z 28 (home birds);

14.

Biosecurity measures: measures to help prevent diseases from being introduced into populations, herds or groups in which they do not yet exist or to restrict redistribution within populations, herds or groups;

15.

Hatching eggs: eggs intended for incubation and derived from poultry or other birds kept in captivity;

16.

Disinfection: disinfection of the disinfection of animal diseases GZ 39.505/6-III/A/4b/96 of the Federal Ministry of Health and Consumer Protection of 3 October 1996 on the means and procedures for the implementation of disinfection in the case of notifiable animal diseases; It was published as a directive to all regional authorities for official use and is-in its current version-published on the homepage of the Federal Ministry for Health, Family and Youth (http://www.bmgfj.gv.at), among others;

17.

Diagnostic manual: the Commission Decision 2006 /437/EC of 4 August 2006 concerning the approval of a manual for the diagnosis of avian influenza in accordance with Council Directive 2005 /94/EC, OJ L 376, 27.4.2006, p. No. OJ L 237, 31.8.2006, approved and published in the Official Veterinary News (AVN) No 5/2007 of 18 June 2007 on the diagnosis of AI;

18.

One-day chicks: less than 72 hours old, still unlined chicks and less than 72 hours old barbarous ducks (Cairina moschata) or intersections of them, fed or not fed;

19.

Decision 2007 /118/EC: Decision 2007 /118/EC laying down detailed rules for an alternative identification mark provided for in Directive 2002 /99/EC, OJ L 327, 22.11.2007, p. No. OJ L 51, 20.02.2007 p. 19;

20.

Poultry: all birds which are reared in captivity for the production of meat or consumption eggs, for the manufacture of other products, for the restocking of wild birds or in the context of a breeding programme for the production of these categories of birds, or shall be held;

21.

"poultry compartment" or "compartment for other birds held in captivity" means one or more establishments with common biosafety management, in which a subpopulation is kept by other birds held in captivity, the birds being held in captivity, and in which a subpopulation of other birds is kept in captivity. have a uniform health status with regard to avian influenza and for which the same appropriate monitoring, control and biosecurity measures are taken;

22.

Avian influenza (or "avian influenza"): infection of poultry or other captive birds caused by type A influenza viruses

a)

subtypes H5 or H7, or

b)

with an intravenous pathogenicity index of more than 1.2 in six week old chickens;

23.

Avian Influenza-Biosafety Regulation 2006: the Federal Minister for Health, Family and Youth on Biosafety measures to prevent the introduction and spread of avian influenza by wild birds (Poultry pest-biosafety regulation 2006), BGBl. II No 189/2006 idF BGBl. II No 211/2006;

24.

Poultry hygiene regulations 2007: the regulation of the Federal Minister for Health, Family and Youth on health checks and hygiene measures in poultry farms (Poultry Hygiene Regulations 2007), BGBl. II No 100/2007;

25.

Community Reference Laboratory: Veterinary Laboratories Agency (VLA), New Haw, Weybridge, Surrey KT 15 3NB, United Kingdom;

26.

commercial poultry holding: a holding which holds poultry for commercial purposes;

27.

Domestic mammals: mammals which are kept as domestic or livestock animals;

28.

Home birds: birds which are kept permanently in closed spaces for non-commercial purposes without direct or indirect contact with other birds;

29.

highly pathogenic avian influenza (HPAI): an infection of poultry or other captive birds caused by

a)

AI viruses of the subtypes H5 or H7 with a genome sequence as also detected in other highly pathogenic avian influenza viruses which codes for multiple basic amino acids in the cleavage region of the haemagglutinin molecule, i.e. the Haemagglutinin molecule may be cleaved by a host cell protease, or

b)

AI viruses with an intravenous pathogenicity index of over 1.2 at six weeks old chickens;

30.

HPAI-Wildbird-Poultry Pest Regulation 2006: Regulation of the Federal Minister of Health and Women on Protective Measures for Suspicions of Highly Pathogenic Avian Influenza in Wild Fails, BGBl. II No 404/2006 idF BGBl. I No 136/2006;

31.

Contact: a holding which, by virtue of its location or in the course of the movement of persons, poultry, other birds or vehicles held in captivity, or in any other way, may originate in avian influenza or in other ways: which may have been brought in;

32.

national reference laboratory: the AGES-Mödling;

33.

non-industrial poultry holding: an establishment whose owner holds poultry or other captive birds exclusively for the following purposes:

a)

for private consumption or for private use, or

b)

as home birds;

34.

low pathogenic avian influenza (NPAI): an infection of poultry or other captive birds caused by avian influenza virus of the subtypes H5 or H7 which are not included in the definition according to Z 29 (highly pathogenic aviaries). influenza);

35.

Primary cooker: an epidemiologically not related outbreak in the same region (domestically) or a first outbreak in another region (domestic);

36.

Unit of production: a unit in a holding which, after verification by the official veterinarian in relation to the location and day-to-day management of the poultry or other birds held in captivity, which are held there, shall be: independently of other units of the same holding;

37.

Cleaning and disinfection: cleaning and disinfection must be carried out in accordance with § 54 (cleaning, disinfection and procedures for the inactivation of the pathogen of the avian influenza), including, if necessary, deforestation (Killing and as far as possible also the elimination of pests and rodents);

38.

Directive 2002 /99/EC: Directive 2002/99/EC laying down animal health rules governing the production, processing, distribution and import of products of animal origin intended for human consumption, OJ L 327, 31.12.2002, p. No. OJ L 18, 23.01.2003 p. 11;

39.

Directive 2005 /94/EC: Directive 2005 /94/EC laying down Community measures for the control of avian influenza and repealing Directive 92 /40/EC, OJ L 103, 25.4.2005, p. No. OJ L 10, 14.01.2006 p. 16;

40.

Mammals: all animals of the Mammalia class with the exception of humans;

41.

slaughtering/slaughter: the killing of an animal by the withdrawal of blood and the subsequent identification of the meat for the purpose of meat production;

42.

Sentinel animals: animals of susceptible species which have been shown to be free of the pathogen and of antibodies against the avian influenza virus;

43.

herd/disease establishment: establishment in which the outbreak of avian influenza has been confirmed by the competent authority;

44.

"infected poultry" or "suspected other birds held in captivity": poultry or other captive birds showing clinical signs or secretion findings or reactions to laboratory analyses, due to the fact that infection with avian influenza cannot be ruled out;

45.

Animals of susceptible species: primarily birds of the class (Aves); for special measures, in particular in the sense of § 53 (measures relating to pigs and other animals), animals of the class mammals (Mammalia) may also be considered as being responsible for the pathogen of the species. Avian influenza is considered to be susceptible to avian influenza;

46.

Animal keepers: one or more natural or legal persons who have poultry or other captive birds, or who are responsible for their huskure, whether for commercial or non-commercial purposes ;

47.

Animal identification and registration regulation 2005: the Federal Minister for Health and Women's Regulation on the identification and registration of pigs, sheep and goats (Animal labelling and registration regulation 2005), BGBl. II No 210/2005, as last amended by BGBl. II No 317/2005; repealed with 01.08.2007 31 December 2007 (§ 6);

48.

Animal identification and registration regulation 2007: the Federal Minister of Health, Family and Youth on the labelling and registration of pigs, sheep and goats, BGBl. II No 166/2007;

49.

Carcases: bodies of dead or killed poultry, or of dead or killed other birds held in captivity, or parts of it which are not suitable for human consumption;

50.

Killing/killing: any procedure leading to the death of an animal, with the exception of slaughter;

51.

VIS: the veterinary information system;

52.

Regulation (EC) No 1774/2002: Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2002, p. No. 1), as last amended by Regulation (EC) No 829/2007, OJ L 327, 30.12.2007, p. No. OJ L 191, 21.7.2007, p. 1;

53.

Regulation (EC) No 852/2004: Regulation (EC) No 852/2004 on the hygiene of foodstuffs, OJ L 327, 31.12.2004, p. No. 1., as amended by the corrigendum OJ L 139, 30.4.2004, p. No. OJ L 204, 04.08.2007 p. 26;

54.

Regulation (EC) No 853/2004: Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin, OJ L 327, 30.11.2004, p. No. 55, as amended by the corrigendum OJ L 139 of 30.4.2004, p. No. OJ L 204, 04.08.2007 p. 26;

55.

Re-occupancy: renewed occupation of a large stock of poultry or other birds kept in captivity;

56.

Wild birds: free living birds, which are not kept in a holding in the sense of Z 13.

Section 2

Monitoring

Poultry and wild birds

§ 3. (1) Poultry and wild birds shall be subject to an investigation under a monitoring programme for the verification of the prevalence of avian influenza viruses in various poultry species. For this purpose:

1.

Taking into account the epidemiological situation, the Federal Minister for Health, Family and Youth will draw up a sampling plan for all the federal states and be made known in the "Official Veterinary Messages".

2.

When the monitoring programme is drawn up, the risk assessment of the AGES, which is continuously updated, must be taken into account.

3.

The coordination of the sampling and the choice of the examination method shall be carried out by the national reference laboratory. The measures in accordance with the sampling plan shall be the responsibility of the Governor of the State. The sampling shall be carried out by the official veterinarians.

4.

The tests shall be carried out by the national reference laboratory.

(2) In the case of such results or positive results in the case of poultry or other birds held in captivity, part 2 (measures on suspicion of avian influenza) shall be used.

(3) The HPAI Wild Bird Poultry Pest Regulation 2006 shall be used for the purpose of the HPAI Wild Bird Avian Influenza Ordinance (HPAI) in respect of any or all of the results of the investigation in wild birds in question

General reporting requirements for the detection of dead water or birds of prey

§ 4. (1) Any person who collects dead water birds or dead birds of prey shall immediately report this to the district administration authority. The competent official veterinarian shall, where appropriate, arrange for the recovery of deceased water or birds of prey, and shall send the birds to the national reference laboratory. Appropriate biosafety measures must be taken into consideration.

(2) Any confirmed case shall be notified immediately by the Authority to the Governor of the State. The Federal Minister for Health, Family and Youth has to report on this issue.

National Reference Laboratory; Reports

§ 5. (1) The Federal Ministry of Health, Family and Youth has the national reference laboratory up to the 15th of each year. to submit a report on the results of the investigations in accordance with § 3 (1) and § 4 (1) of the following report, according to the following conditions.

(2) The Federal Minister for Health, Family and Youth shall report any questions in question or positive results immediately.

General reporting requirements for poultry and other birds

§ 6. (1) The position of poultry or other birds held in captivity shall be notified to the Authority within one week of taking up the position. This obligation is also valid for zoos, animal shelters, amateur postures and small postures, as well as for postures for hunting purposes (e.g. hunting gatter). Excluded from reporting is the attitude of home birds, which are held permanently in closed spaces and without direct or indirect contact to other birds.

(2) The notification in accordance with paragraph 1 shall be made in writing to the Authority and shall contain the following reporting data:

1.

the name, address and date of birth of the keeper,

2.

an all-due LFBIS number,

3.

the nature of the birds kept and their respective numbers, and

4.

where appropriate, the notification of a free-range holding.

(3) The notification referred to in paragraphs 1 and 2 shall not apply to animal keepers who:

1.

A notification based on the relevant provisions already in force

a)

of the Regulation on the prevention of the introduction of avian influenza, BGBl. II No 348/2005, or

b)

the Regulation laying down measures for the prevention of the introduction of avian influenza by wild birds, BGBl. II No 427/2005, or

c)

the poultry pest risk area regulation 2006, BGBl. II No 75/2006 idF BGBl. II No 173/2006, or

d)

Avian influenza-Biosafety Regulation 2006

, or

2.

the position of birds referred to in paragraph 1 in a "multiple application area" (animal list) in accordance with § 5 of the Animal Labeling and Registration Ordinance in 2005 or 2007 with regard to the agricultural market Austria (AMA), or

3.

indicate the keeping of poultry in the VIS annual survey in accordance with the Animal Labeling and Registration Regulation 2005 or 2007 as compared with the Austrian statistics, provided that no ducks and geese are kept, or

4.

have a holding registered in accordance with Section 3 (6) of the 2007 Poultry Hygiene Regulations; or

5.

have a holding which, in accordance with the Regulation on marketing standards for eggs, BGBl, is used as a production plant. II No 347/2004, registered (Official Legehennenregister), or

6.

Members of the recognised poultry health service (Österreichische Qualitätsgewingvereinigung, QGV) are.

(4) In the same way, within one week of the end of the holding of poultry or other birds held in captivity, the Authority shall be notified in writing, stating that:

1.

the name, address and date of birth of the keeper, and

2.

an all-due LFBIS number,

to report.

Section 3

Biosecurity measures

Reporting requirements for events
with poultry or other birds

§ 7. (1) The holding of animal exhibitions, animal shows, animal markets, stock exchanges and other events in which poultry or other birds (all species) are issued, exchanged, traded or presented, as well as bird flight contests is subject to official veterinary supervision. Such events shall be reported to the Authority at least one week before they are held, indicating the time and place of the event, and the number and type of birds used.

(2) The Authority may, in the areas referred to in Appendix 1 (areas with increased risk of avian influenza), prohibit events as referred to in paragraph 1, taking into account the epidemiological situation, or only under the pretext of certain events, Allow conditions and conditions.

(3) Exchange of letters contests may also be authorised outside the territories referred to in Annex 1 within the Community territory of the European Union, if it is ensured that such competitions are only available outside the Community territory of High-risk areas are to be started and ended and the animals do not cross such areas as well as areas covered by Annex 1.

Duties of the keeper
in areas with increased risk of avian influenza

§ 8. (1) In the areas referred to in Appendix 1, poultry and other captive birds shall be held permanently in stables or, in any case, in closed holding devices, which are at least covered above, in such a way as to ensure that the contact to Wild birds and their feces are stopped in the best possible way and in any case are excluded from wild water birds. Pigeons may be left in the vicinity of the blows for exercise and training purposes, provided that the animals are fed and soaked in the blow.

(2) In so far as the requirements referred to in paragraph 1 cannot be met due to existing farming conditions, and in particular in zoological gardens and facilities of a similar nature, the competent authority may, on a case-by-case basis, if the concerns of the In the event of an animal disease control, do not preclude the approval of the holding provisions in accordance with the provisions of paragraph 1, if it is ensured that:

1.

separation of the ducks and geese of other poultry in all mixed holding of poultry and other captive birds is carried out in such a way that direct and indirect contact is excluded;

2.

the feeding and impregnation of the animals is carried out only in the stable or under a shelter which makes it difficult to fly wild birds and prevents wild birds with fodder or water intended for poultry and other captive birds , is in contact and the outflows towards surface waters where wild aquatic birds may be present are fouled out of the way;

3.

the animals are examined clinically at least once a month, and

4.

in establishments which are registered in accordance with Article 3 (6) of the poultry hygiene regulations in 2007, the keeper of the poultry every three months on the influenza A virus of the subtypes H5 and H7 by the Austrian Reference Laboratory for Avian Influenza can be investigated. In the case of poultry and ratites, except ducks and geese, the serological tests shall be carried out in each case on samples of 10 animals per herd and, in the case of ducks and geese, in each case of 15 animals per herd. All animals are to be sampled from smaller flocks.

(3) The impregnation of the animals must not be carried out with water from the reserving ponds for surface water to which wild birds have access.

(4) The cleaning and disinfection of the means of transport, loading places and equipment shall be carried out with particular care.

(5) On the basis of the obligation to notify in accordance with 17 TSG, the following signs of the areas referred to in Appendix 1 (areas of increased risk of avian influenza) are, in any case, in all attitudes of poultry or other captive birds in the areas referred to in Appendix 1 (areas with increased risk of avian influenza). Authority to report:

1.

waste of more than 20% of feed and water intake, or

2.

waste of egg production by more than 5% for more than two days, or

3.

Mortality rate higher than 3% in a week.

Presentation of areas with increased risk of avian influenza

§ 9. The areas referred to in Appendix 1 (areas with an increased risk of avian influenza) shall be notified by the Authority by an attack on the official board of the municipalities concerned. In this context, a supplementary definition of the affected areas is permitted by mentioning land numbers, limiting street trains or a cartographic representation.

Part 2

Measures to be taken on suspected avian influenza

Measures in the case of avian influenza suspected in holdings;
Biosecurity measures

§ 10. (1) In case of suspicion of avian influenza, § § 20 and 24 TSG shall be used.

(2) In any case, the blocking notice to be issued in accordance with § § 20 or 24 TSG shall contain the following orders and measures:

1.

Poultry, other birds kept in captivity, and all domestic mammals are to be counted or, where appropriate, broken down by species of poultry or by species of other birds kept in captivity.

2.

A list of approximate figures relating to poultry, other birds kept in captivity, and all domestic mammals in operation must be drawn up. The breakdown by category is to record how many animals are already ill or have died. This list shall be updated on a daily basis in order to take account of hatched, born or dead animals during the period of suspicion. On request, it shall be the official veterinarian or to the competent authority.

3.

Poultry and other birds kept in captivity shall be placed in a building on the premises and shall be held there; if this is not practicable or not compatible with a similar attitude, they shall be located in another place of the same. To ensure that they do not have any contact with other poultry or other birds held in captivity in other establishments. In order to keep their contact with wild birds as low as possible, the measures listed in § 8 (1) and (2) (2), (2) and (2), (3) and (4) (obligations of the keeper in areas with increased avian influenza risk) must be taken.

4.

The movement of poultry and other captive birds into and out of operation shall be prohibited.

5.

The movements of the carcases of poultry and other birds kept in captivity, meat of poultry, including offal, feedingstuffs for poultry, equipment, materials, waste, feces of poultry or others held in captivity. Birds, liquid manure, used litter and other possible carriers of infectious agents from the holding shall be prohibited, unless there is a permit from the Authority and appropriate biosecurity measures shall be taken to take the risk of to reduce as far as possible the spill-over of avian influenza.

6.

The movement of eggs from the holding shall be prohibited.

7.

The movement of persons, domestic mammals, vehicles and equipment from and into the holding shall be permitted only under the conditions and subject to the authorisation of the competent authority.

8.

On the instructions of the official veterinarian, the keeper of the livestock shall be required to conscientiously request all persons entering or leaving the establishment, including the staff of the holding, in order to prevent the disappearance of avian influenza pathogens to comply with adequate biosecurity measures.

In particular, appropriate disinfection measures shall be taken, as instructed by the competent authority

a)

at the entrances and exits of the stables for persons, and

b)

on-and off-road journeys for vehicles,

to meet.

9.

All vehicles, including all parts of the vehicle and equipment which have been or may be in contact with animals or animal substances which may be carriers of the avian influenza pathogen, shall be subject to contamination after their possible contamination immediately after one or more of the procedures laid down in Annex 2 (principles and procedures for the cleaning, disinfection and treatment of establishments), to be cleaned and disinfected.

(3) The competent authority shall ensure that an epidemiological investigation is carried out in accordance with the AI crisis plan.

Repeal of measures in the case of avian influenza

§ 11. The measures referred to in § 10 may not be lifted until any suspicion of avian influenza in the holding in question has been officially ruled out.

Additional measures; restricted zone

§ 12. On the basis of the preliminary results of an epidemiological investigation, the Federal Minister of Health, Family and Youth may order the following additional measures:

1.

Temporary restrictions on the movement of poultry, other birds and eggs held in captivity, as well as the movement of vehicles used in the poultry sector in certain parts of the federal territory or in the entire territory of the Federal Republic of Germany;

2.

the restriction of the movement of domestic mammals; this restriction shall not exceed 72 hours, except in duly substantiated cases;

3.

Application of the measures in accordance with § 13 (measures in establishments in the case of HPAI outbreak) also to the mindset; these measures can be limited to individual production units; in case of killings, samples shall be sent to the national reference laboratory. and in accordance with the diagnostic manual;

4.

the temporary delimitation of a restricted zone around the holding with the arrangement of all or parts of the measures in accordance with § 10 (measures in the case of avian influenza suspected in holdings; biosecurity measures) (2) in all establishments within this blocking zone.

Part 3

Measures in the event of an outbreak of HPAI

Section 1

Measures in establishments in the case of HPAI outbreak

Measures in establishments in the case of HPAI outbreak

§ 13. (1) Where the outbreak of HPAI is officially confirmed on a holding, the Authority shall, if it has not already done so, immediately inform the establishment concerned of the operation by means of a communication. § 24 TSG. In addition to the prohibitions and measures in accordance with. § 24 TSG and § 10 (Measures in the case of avian influenza suspected in establishments; biosecurity measures) (2) shall be arranged in the fact that:

1.

all poultry and other captive birds of this holding, subject to the exceptions provided for in Articles 14 and 16, under the supervision of an official veterinarian, in accordance with the provisions of Articles 14 and 16 of this Regulation. § § 45a and 25 TSG are to be killed and

2.

the carcases must then be destroyed under the supervision of an official veterinarian in such a way as to avoid any risk of a spill-over of the avian influenza, in particular during transport.

(2) In accordance with the diagnostic manual, a sufficient number of samples shall be taken and sent to the national reference laboratory, by type and time, of the poultry slaughtered and of other birds killed in captivity. the introduction of the pathogen of avian influenza and, in the case of a primary herd, the virus isolate for the identification of the genetic subtype of a laboratory analysis. In this case, the virus isolate shall also be sent to the Community reference laboratory as soon as possible.

(3) In addition, the competent authority shall ensure that:

1.

appropriate measures to be taken against any transfer of HPAI to wild birds in use;

2.

all eggs in use are destroyed under official supervision;

3.

the whereabout of meat of poultry and other captive birds slaughtered between the likely date of introduction of the HPAI Erreger into the holding and the application of the measures referred to in Article 10 (2); and of eggs collected from the holding during the same period, and the meat and eggs shall be destroyed under official supervision;

4.

all substances and waste which could be contaminated, such as feedingstuffs, under the supervision of an official veterinarian, or be treated in such a way as to ensure the inactivation of the HPAI excipient;

5.

Kot, manure and litter, which could be the carriers of contagion, shall be subject to a procedure in accordance with Appendix 2 (principles and procedures for cleaning, disinfection and treatment of holdings);

6.

After the destruction of carcasses, the following locations, objects and vehicles shall be cleaned and disinfected:

a)

Stables, pastures (as far as this is practicable according to the present state of the art and with particular reference to Appendix 2 Z 4 and 5) or other areas or premises which have come into contact with poultry or other captive birds, animal carcasses, meat, feed, feces, manure, litter and other materials or substances which may be contaminated;

b)

equipment which is likely to be contaminated;

c)

vehicles used for the carriage of poultry or other captive birds, animal carcasses, meat, feedingstuffs, feces, manure, litter and other materials or substances which might be contaminated;

7.

Other birds or domestic mammals held in captivity are removed from the holding or placed on the holding only with the authorisation of the official veterinarian; this restriction shall not apply to domestic mammals which have access only to the Living areas.

(4) In the case of poultry and other birds held in captivity, which have already been hatched from eggs, the between the likely date of introduction of the HPAI Erreger into the operation and application of the measures pursuant to § 10 para. In the event of a risk analysis, the authority may order the killing, provided that a further disappearance of avian influenza cannot be ruled out on the basis of a risk analysis; otherwise, these animals shall be placed under official control. and to carry out studies according to diagnostic manual.

Exemptions for certain establishments in the case of HPAI outbreak

§ 14. (1) In the event of an outbreak of HPAI in a non-commercial poultry holding, a circus, a zoo, a bird shop, a wildlife park or an enclosure, in which poultry and other captive birds are held for scientific purposes or to For the purposes of maintaining endangered breeds or officially registered rare breeds of poultry and other birds held in captivity, the Landeshauptmann may, on the basis of a risk assessment, exemptions from the Grant arrangement according to Article 13 (1) (1) (1), provided that the control of the disease does not result in shall be affected.

(2) In the case of the granting of an exemption pursuant to paragraph 1, it is necessary to ensure that the poultry and other birds held in captivity by the derogation

1.

are placed in a building on the premises and held there; if this is not practicable or incompatible with a similar attitude, they shall be sent to another place in the same establishment in such a way that they do not contact, inter alia, poultry and other birds kept in captivity in other holdings, and all appropriate measures must be taken to minimise contact with wild birds;

2.

be further monitored and examined in accordance with the diagnostic manual, and shall not be laid down until laboratory analyses show that the risk of further spread of HPAI is no longer available;

3.

shall not be brought from their holding of origin unless they are supplied to slaughter or to any other holding,

a)

which is situated in the territory of the country, in which case the carriage shall be carried out under official supervision under the conditions and conditions laid down in paragraph 3, in accordance with the instructions of the Governor of the State; or

b)

which is established in another Member State of the EU, in which case the consent of the Member State of destination shall be required and shall also be carried out under official supervision in accordance with the instructions of the competent authorities.

(3) In the case of a shipment to another establishment according to paragraph 2, Z 3 lit. a may be issued by the competent authority only if, in addition to the risk assessment referred to in paragraph 1 of the authorizing authority, a written declaration of consent from the office of destination is available and the latter it has been shown to be aware of the risk status of the animals. Where such a shipment is carried out, the holding of destination shall be immediately placed under official control by the authority and shall be subject to a 42-day movement ban on the holding of the holding from the holding of origin. to be suspended.

(4) The Landeshauptmann shall immediately inform the Federal Minister of Health, Family and Youth of any exceptions and arrangements pursuant to paragraphs 1 and 2. For epidemiological reasons, the Federal Minister for Health, Family and Youth can revoke the measures ordered by the Governor of the State or order additional measures.

Exceptions for eggs in the case of HPAI outbreak

§ 15. (1) The Governor of the State may be responsible for eggs which are directly associated with a processing plant for the manufacture of egg products as defined in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 (Special requirements; eggs and egg products; egg products) in order to be processed and treated in accordance with Annex II, Chapter XI, of Regulation (EC) No 852/2004 (General hygiene rules applicable to all food business operators; heat treatment), derogations from the requirement of non-harmful disposal . However, all the conditions and conditions listed below must be met:

1.

Eggs may only be brought from their holding of origin if they are transported directly to the designated processing establishment; each egg consignment must be sent by the official responsible for the holding in question prior to dispatch. Veterinarian or, under his supervision, to be sealed and must remain sealed during the entire period of transport to the designated processing establishment.

2.

The competent authority responsible for the holding of origin of the eggs shall inform the official veterinarian responsible for the designated processing operation of the planned egg consignment, and

3.

the official veterinarian responsible for the designated processing establishment shall ensure that:

a)

the eggs are stored separately from their arrival until they are processed by other eggs,

b)

the shells of these eggs are destroyed,

c)

the packaging used for the eggs is either destroyed or cleaned and disinfected in such a way as to inactivate the presence of the avian influenza virus,

d)

the eggs are transported in cleaned and disinfected vehicles.

4.

In relation to the personnel, equipment and vehicles involved in the transport of eggs, appropriate biosecurity measures shall be carried out within the meaning of Article 10 (2) (8) and (9) (measures in the case of avian influenza suspected in holdings; Biosecurity measures).

(2) The Landeshauptmann shall immediately inform the Federal Minister of Health, Family and Youth of any exceptions and arrangements pursuant to paragraph 1. For epidemiological reasons, the Federal Minister for Health, Family and Youth can revoke the measures ordered by the Governor of the State or order additional measures.

Exceptions for separate production units in the case of HPAI outbreak

§ 16. (1) Where an outbreak of the disease can be ruled out, the Governor of the State may, after carrying out a risk assessment in an establishment consisting of two or more separate production units, derogations from the measures referred to in § 13 1 Z 1 for separate production units where there is no HPAI suspicion.

(2) Such derogations for separate production units may only be granted to the Governor of the Land if an official veterinarian has previously taken account of the structure, size, management, type of stalltype, feeding method, water source, Equipment, staff and visitors to the establishment shall ensure that the production units in question are completely independent with regard to location and day-to-day management of other production units.

(3) The Landeshauptmann shall immediately inform the Federal Minister of Health, Family and Youth of any exceptions and arrangements pursuant to paragraph 1. For epidemiological reasons, the Federal Minister for Health, Family and Youth can revoke the measures ordered by the Governor of the State or order additional measures.

Measures in contact companies in the case of HPAI outbreak

§ 17. (1) In the course of the epidemiological investigations, the Authority shall identify the contact companies and report to the Governor of the State. The Governor of the Federal Republic of Germany has immediately forwarded the list of these establishments to the Federal Minister for Health, Family and Youth.

(2) The Authority shall implement measures in accordance with § 10 (measures in the case of avian influenza suspected in holdings; biosecurity measures) para. 2 for as long in contact companies until the presence of the pathogen of the avian influenza in accordance with the diagnostic manual has been excluded.

(3) On the basis of epidemiological studies, the Authority may implement measures in accordance with Article 13 of this Regulation (measures in establishments in the case of HPAI outbreak) in contact holdings, in particular in an area with high density of poultry. The decision to grant any existing clearance shall be made in accordance with the criteria set out in Appendix 4 (main criteria for stock clearance in contact holdings or in establishments located in vulnerable areas within the buffer zone). The Federal Minister of Health, Family and Youth shall be immediately informed of the planned inventory, as well as, if necessary, of the arrangement of the existing evictions.

(4) In the case of killings of animals of susceptible species in contact holdings, the Authority shall, in accordance with the diagnostic manual, send samples to the AGES-Mödling in order to confirm the presence of avian influenza pathogens in contact-holdings, or to be excluded.

(5) In establishments with a confirmed presence of HPAI pathogens, the Authority shall carry out the measures in accordance with § 13 (measures in establishments in the case of HPAI outbreak).

Section 2

Protection, monitoring and buffer zones

Zoning at HPAI outbreak

§ 18. (1) The Authority shall establish the following zones immediately after the outbreak of HPAI:

1.

a Protection Zone With a minimum distance of 3 km around the infected holding, and

2.

a Surveillance zone with a minimum distance of 10 km around the holding of the disease, including the protection zone; the surveillance zone shall, in this case, be directly connected to the protection zone.

(2) In addition, following the surveillance zone, the Authority may: Buffer Zone in order to separate the area of the protection and surveillance zone from the health-free part of the territory of the Federal Republic of Germany or from other adjacent areas of the disease. The size of the buffer zone depends on the criteria according to. Paragraph 3.

In the demarcation of the zones referred to in paragraphs 1 and 2, the Authority shall, at the very least, take account of the following criteria:

1.

the results of the epidemiological investigation;

2.

the geographical situation, in particular natural borders;

3.

the location of holdings and their distance from other holdings, as well as the estimated number of birds;

4.

the movements and trade routes of poultry and other birds held in captivity;

5.

the facilities and staff available to control the movement of poultry or other birds in captivity, animal carcasses, feces and new or used litter within the zones, in particular where: Poultry or other birds kept in captivity must be removed from their holding of origin for killing and destruction.

Where the territory of a zone referred to in paragraphs 1 and 2 exceeds the borough or national border, the district administrative authority in whose area of competence the disease establishment is situated shall have the earliest possible prior to the establishment of the zone. National Governor and the other relevant district administrative authorities for coordination. In this case, the provincial governor must ensure the necessary coordination of the zone boundaries.

(4) In the event of the crossing of land or federal borders by the territory of a zone in accordance with paragraphs 1 and 2, the competent provincial governor shall immediately have the Federal Minister for Health, Family and Youth and the national capitals of the , if necessary, to inform other federal states concerned about coordination. In this case, the Federal Minister has to ensure the necessary coordination of the zone boundaries.

(5) Where this has not yet been done, the Authority shall immediately initiate epidemiological investigations in order to ensure the probable carriers of the pathogen of avian influenza, in particular the movement of and trade in poultry and others. To collect captive birds, meat, eggs, animal carcasses, feedingstuffs, waste, feces, manure, litter and transport equipment, as well as mammals and movements of humans with contact to infected animals.

(6) All livestock keepers shall be obliged to communicate to the Authority, on request, relevant information on poultry or other captive birds, eggs and meat which are placed on or removed from the holding.

measures applicable to protection, surveillance and buffer zones;
Biosecurity measures in the case of HPAI outbreak

§ 19. The Authority shall ensure that, within the zones referred to in Article 18 (1) and (2), the following measures shall be taken:

1.

Precautions must be taken to ensure that each probable carrier and carrier of the pathogen of avian influenza can be determined. Consideration should be given here, in particular, to:

a)

poultry and other captive birds,

b)

meat and eggs,

c)

Animal body,

d)

feedingstuffs and waste,

e)

Cots, manure and litter, and

f)

People who have come into contact with infected birds or infected other birds in captivity, and

g)

Vehicles with a connection to the poultry industry.

2.

All persons in the zones affected by the restrictions shall be fully informed of the restrictions in force. This information can be disseminated via warning signs, the media, such as press, radio and television, or in other appropriate ways.

3.

On the instructions of the official veterinarian, the keeper of the livestock shall be required to conscientiously request all persons entering or leaving the establishment, including the staff of the holding, in order to prevent the disappearance of avian influenza pathogens to comply with adequate biosecurity measures.

In particular, appropriate disinfection measures shall be taken, as instructed by the competent authority

a)

at the entrances and exits of the stables for persons, and

b)

on-and off-road journeys for vehicles,

to meet.

4.

All vehicles, including all parts of the vehicle and equipment which have come into contact with animals or animal substances which may be carriers of the avian influenza pathogen, or which may be in contact with and within the zone or zone-over shall be cleaned immediately after one or more of the procedures referred to in Appendix 2 (principles and procedures for the cleaning, disinfection and treatment of establishments) after one or more of the procedures to be followed, and shall be used immediately after the contamination has been possible. by disinfecting the zone only after regulatory control and only with the approval of the of the authority.

5.

The keeper of animals has to carry out a book on all visitors of the holding with the exception of those visitors who are exclusively in the living area and do not have access to areas of animal husbandry. These records must be submitted to the official veterinarian on request. These records are not required when it comes to visitors from holdings such as zoos and wildlife parks, which do not have access to areas where birds are held.

6.

Any increase in the rate of morbidity or mortality or a significant reduction in the production of commercial poultry holdings shall be notified immediately to the Authority, which shall carry out appropriate studies in accordance with the diagnostic manual.

7.

Where epidemiological information or other evidence suggests this, the Authority may implement a preventive eradication programme in accordance with Section 23 of the TSG, including the preventive slaughter or killing of poultry or others in the Captivity kept birds. In the case of holdings in vulnerable zones in the buffer zone, the decision on any existing clearance shall be determined in accordance with the criteria set out in Annex 4 (main criteria for an inventory of holdings in contact holdings or in establishments in the buffer zone). vulnerable areas within the buffer zone). The Federal Minister of Health, Family and Youth shall be immediately informed of any planned preventive repayment measures and, if necessary, their arrangement.

Prohibition of event and release within the zones

§ 20. It is prohibited in the protection, surveillance and buffer zone gem. Section 18 (1) and (2)

1.

trade fairs, markets, animal shows, competitions, also letter pigeon and pigeon overflights, or to merge poultry or other captive birds;

2.

Release poultry or other captive birds intended to increase the amount of wild herds.

Additional biosafety measures in the case of HPAI outbreak

§ 21. (1) In order to prevent the disappearance of HPAI, the competent authority may order additional biosecurity measures in addition to the measures referred to in § § 18 to 20 and sections 3 to 5 (measures in the protection, monitoring and buffer zone).

(2) These measures may concern:

1.

Movement restrictions for vehicles or persons supplying feedingstuffs, picking up eggs, carrying poultry into slaughterhouses or collecting carcases for the destruction of animals, and

2.

Movements of personnel, veterinarians or persons supplying operational equipment.

Section 3

Measures in the protection zone

Collection of all holdings in the protection zone

§ 22. The Authority shall, in the protection zone, take the following measures: to arrange:

1.

It has to collect all farms in the protection zone as soon as possible.

2.

All commercial poultry holdings shall be visited as soon as possible by an official veterinarian who has to examine the poultry and the other birds held in captivity; if necessary, samples for laboratory analysis shall be provided. in accordance with the diagnostic manual; on visits to works and their results, the book is to be carried out.

3.

Non-commercial poultry holdings shall be visited by an official veterinarian before the protection zone is lifted.

Measures in establishments within the protection zone

§ 23. In addition to the measures in accordance with § § 19 and 20 (measures applicable to protection, monitoring and buffer zone; biosecurity measures; event and release ban within the zones), the authority has at HPAI outbreak in establishments take the following measures within the protection zone; to arrange:

1.

Poultry and other birds kept in captivity are to be deposited in stables or in other places where the animals can be removed, in accordance with § 10 (measures in the case of avian influenza suspected in holdings; biosecurity measures) para. 2 Z 3;

2.

The carcases of poultry and other birds kept in captivity shall be destroyed as soon as possible and samples shall be sent to the AGES in accordance with the diagnostic manual by the official veterinarians;

3.

Poultry, other birds held in captivity, or domestic mammals may only be placed on a holding or removed from an establishment with the authorisation of the authority; this provision shall not apply to domestic mammals exclusively access to where they have housing areas in which they

a)

have no contact with poultry or other captive birds which are in operation, and

b)

do not have access to cages or areas in which poultry or other captive birds are kept.

Restrictions and prohibitions in the protection zone

§ 24. (1) The following restrictions and prohibitions apply in the protection zone:

1.

Used litter, feces or manure from holdings in protected zones may only be brought from holdings or put out on fields with the authorisation of the authority. However, in compliance with biosecurity measures, it is possible to authorise the use of feces or manure from holdings in protective zones for treatment or interim storage followed by treatment for the inactivation of avian influenza pathogens in accordance with the Regulation (EC) No 1774/2002 should be carried on a farm designated by the Authority.

2.

The implementation and transport of poultry, other birds kept in captivity, young hens, single day chicks, slaughter and carcases, eggs or objects which may be carriers of the AI-Erreger, on public transport and private grounds within the protection zone shall be prohibited. This prohibition shall not apply to transit through the protection zone without unloading or unloading on those long-distance roads and railway lines designated by the Governor of the State.

3.

The carriage of poultrymeat from slaughterhouses, cutting plants and cold stores shall be prohibited, unless:

a)

it originates from poultry originating outside the protection zones and has been stored and transported separately from poultry meat from protected zones, or

b)

it was produced at least 21 days before the estimated time of the earliest infection in a holding in the protection zone and it was stored and transported separately from meat produced after that date.

c)

the carriage is a transit without any loading or unloading through the protection zone on those long-distance roads and railway lines designated by the regional governor.

(2) By way of derogation from paragraph 1, the Authority may authorise the exceptions referred to in § § 25 to 29 under the conditions and conditions specified therein if, on the basis of the surveys carried out by the official veterinarian, a disappearance of the disease is excluded. can. In the case of authorisation, the Authority shall order that the vehicles and equipment used for transport must be cleaned and disinfected immediately after carriage.

Derogations for the direct transport of poultry for immediate slaughter
and the movement or treatment of poultrymeat

§ 25. By way of derogation from Article 24 (1), the Authority may authorise the movement of poultry in the following cases:

1.

Transfer of poultry from an establishment in the protection zone directly to a slaughterhouse designated by the Authority for immediate slaughter, provided that:

a)

the poultry in the holding of origin shall be examined clinically by the official veterinarian, in accordance with the diagnostic manual, within 24 hours before being slaughtered;

b)

the poultry, where appropriate in the holding of origin, has been subjected to a laboratory examination with negative results in accordance with the diagnostic manual;

c)

the poultry is transported in vehicles sealed by official authorities or under surveillance by means of official bodies;

d)

the competent authority designated for the slaughterhouse designated by the authority shall declare itself in writing,

aa)

to receive the poultry and

bb)

the slaughter carried out shall be confirmed in writing without delay to the competent authority responsible for the holding of origin;

e)

the poultry from the protection zone is kept separate from other poultry and slaughtered spatially or temporally separately, preferably at the end of a working day, with immediately subsequent cleaning and disinfection under supervision and guidance the official veterinarian of the slaughterlines and of all the locations used;

f)

the official veterinarian responsible for the designated slaughterhouse, in accordance with Section 24 of the LMSVG, shall immediately, after the arrival of a live animal inspection and after slaughter, subject the poultry to a precise ante-mortem inspection;

g)

the meat is not dispatched to other Member States or to third countries;

h)

the meat

aa)

with the health mark provided for fresh meat as defined in Annex II to Directive 2002 /99/EC, or

bb)

with an alternative identification mark established by the Federal Minister for Health, Family and Youth in accordance with Decision 2007 /118/EC in the event of a starting date

, or

i)

the meat is separately produced, dismantled, transported and stored separately from meat intended for trade with other Member States or third countries, and is not processed into meat products intended for trade with other Member States or other Member States. Member States or third countries shall be designated unless they have been treated in accordance with Annex III to Directive 2002 /99/EC.

2.

Transfer of poultry from an establishment outside the protection zone directly to the immediate slaughter of a slaughterhouse designated by the Authority within the protection zone and the subsequent continuation of the slaughter of the person concerned Poultry slaughtered meat, provided that:

a)

the competent authority responsible for the particular slaughterhouse has agreed in writing to receive the poultry and to report in writing the slaughtering carried out by the authority at the place of dispatch,

b)

the poultry is kept separate from other poultry from the protection zone and is slaughtered separately or in a time-staggered manner by other poultry,

c)

the poultrymeat produced is disassembled, transported and stored separately from poultrymeat, which is derived from, inter alia, poultry from the protection zone; and

d)

the by-products are destroyed in a harmless way.

Exceptions to the direct transport of one-day chicks

§ 26. By way of derogation from Section 24 (1), the Authority may authorise the introduction of one-day chicks in the following cases:

1.

spend on one-day chicks from holdings within the protection zone directly to holdings within the protection or surveillance zone or a holding or stall situated outside the protection and surveillance zone in the territory of the country, if

a)

the chicks are transported in official sealed vehicles or under surveillance by means of official bodies,

b)

Appropriate biosecurity measures shall be taken during transport and in the operation of destination,

c)

the office of destination shall be placed under surveillance by the Authority after the arrival of the one-day chicks; and

d)

in the case of transport to places outside the protection or surveillance zone, the poultry shall remain at least 21 days in the holding of destination.

2.

(a) the direct route to a different holding situated inside or outside the protection and surveillance zone of one-day chicks which have been grabbed within the protection zone of eggs of holdings outside the protection and surveillance zone; Inland, provided that the hatchery in which the day-of-day chicks have been grayed, ensures that the eggs have not come into contact with hatching eggs or day-in-day chicks from poultry flocks within those zones and, consequently, with other health status.

Derogations for the direct transport of young laying hens

§ 27. By way of derogation from Article 24 (1), the authority may direct the movement of young laying hens from establishments within the protection zone directly to holdings situated within the protection zone or a holding outside the protection and surveillance zone; or Approve the stable of this holding in Germany, provided that:

1.

the poultry and other birds kept in captivity, which are kept in the holding of origin, in particular the animals to be transported, are clinically examined by the official veterinarian in accordance with the diagnostic manual;

2.

the poultry and the other birds held in captivity have been subjected, where appropriate, to the holding of origin of a laboratory examination in accordance with the diagnostic manual, with negative results;

3.

the young laying hens are transported in vehicles sealed by official authorities or under official supervision,

4.

appropriate biosecurity measures shall be taken at the holding of origin, during transport and in the holding of destination;

5.

the establishment of destination after the arrival of the young laying hens shall be placed under surveillance by the Authority; and

6.

in the case of transport to places outside the protection or surveillance zone, the poultry shall remain at least 21 days in the holding of destination.

Exceptions to the direct transport of brood and consumer eggs

§ 28. By way of derogation from Section 24 (1), the Authority may authorise the placing of brood and consumerist eggs in the following cases:

1.

the transfer of hatching eggs from holdings situated within the protection zone directly to a hatchery within the protection zone determined by the authority;

2.

Where hatching eggs are to be transported directly from an establishment within the protection zone to a hatchery outside the protection zone designated by the competent authority, provided that:

a)

the parent animals from which the hatching eggs come from have been examined in accordance with the diagnostic manual and have not shown any suspicion in these establishments,

b)

the hatching eggs and their packaging are disinfected prior to dispatch,

c)

the origin and whereabout of the hatching eggs can be determined at any time;

d)

the hatching eggs are transported in official sealed vehicles or under surveillance by means of official bodies; and

e)

in the brethren designated by the authority, biosecurity measures shall be taken in accordance with the instructions of the official veterinarian;

3.

the direct transfer of consumption eggs to a packing centre designated by the authority, provided that they are packaged in one-way packages and that all biosecurity measures prescribed by the competent authority are taken;

4.

The processing of egg products within the meaning of Section X, Chapter II, of Regulation (EC) No 853/2004 (special requirements; eggs and egg products; egg products) for processing, directly to a processing plant for the manufacture of egg products and treatment provided for in Chapter XI of Annex II to Regulation (EC) No 852/2004 (General hygiene rules applicable to all food business operators; heat treatment).

5.

Spending of brood and consumer eggs in direct ways to eliminate unharmful.

Derogation for direct transport of carcasses

§ 29. By way of derogation from Article 24 (1), the Authority may authorise the removal of animal bodies directly for the destruction of animals.

Repeal of the measures in the protection zone

§ 30. (1) The measures taken in the protection zone in accordance with § § 22 to 29 may not be carried out at the earliest 21 days after the date of completion of the ground cleaning and the first disinfection of the holding in which the last outbreak has taken place, is repealed.

(2) The measures referred to in paragraph 1 shall continue to be carried out in accordance with the diagnostic manual pending the existence of negative results of the verification of all holdings in the protection zone. After that, the previous protection zone becomes part of the monitoring zone.

Section 4

Measures in the surveillance zone

Collection of all commercial poultry holdings in the surveillance zone

§ 31. The Authority shall, as soon as possible, collect all commercial poultry holdings in the surveillance zone.

Measures in establishments within the surveillance zone

§ 32. In addition to the measures in accordance with § § 19 and 20 (measures applicable to protection, monitoring and buffer zone; biosecurity measures; event and release ban within the zones), the authority has at HPAI outbreak in establishments the following measures shall be taken within the surveillance zone; to arrange:

1.

Poultry and other birds kept in captivity are to be deposited in stables or in other places where the animals can be removed, in accordance with § 10 (measures in the case of avian influenza suspected in holdings; biosecurity measures) para. 2 Z 3;

2.

Carcases of dead poultry and other dead birds kept in captivity shall be destroyed as soon as possible and samples shall be sent to the AGES in accordance with the diagnostic manual by the official veterinarians.

3.

Poultry, other birds held in captivity, or domestic mammals may only be placed on a holding or removed from an establishment with the authorisation of the authority; this provision shall not apply to domestic mammals exclusively access to where they have housing areas in which they

a)

have no contact with poultry or other captive birds which are in operation, and

b)

do not have access to cages or areas in which poultry or other captive birds are kept.

Movement restrictions on poultry and eggs
within the surveillance zone

§ 33. (1) The movement of poultry, young laying hens, single day chicks, eggs within the surveillance zone shall be prohibited, subject to para. 2. This prohibition shall not apply to the transit through the surveillance zone on the road or rail route without any export, reloading or loading.

(2) At the request of the keeper, the Authority may carry out shipments in accordance with. the first sentence of paragraph 1, provided that it is ensured that adequate biosecurity measures are taken in order to prevent the spread of disease.

Movement restrictions on poultry and eggs
in establishments outside the surveillance zone

§ 34. (1) The movement of poultry, young laying hens, day-to-day chicks and eggs in establishments and slaughterhouses, packing centres or processing plants for egg products outside the surveillance zone shall be prohibited, subject to the provisions of paragraph 2.

(2) The Authority may, however, authorise the

1.

Slaughtered poultry shall be transported directly to a slaughterhouse designated by the Authority for immediate slaughter, provided that:

a)

the poultry in the holding of origin shall be examined clinically by the official veterinarian in accordance with the diagnostic manual, within 24 hours before being transported, and

b)

the competent authority designated for the slaughterhouse designated by the authority shall declare itself in writing,

aa)

to receive the poultry and

bb)

the slaughter carried out shall be confirmed in writing without delay to the competent authority responsible for the holding of origin;

2.

Poultry from holdings outside the protection and surveillance zones shall be transported directly for immediate slaughter to a slaughterhouse designated by the Authority within the surveillance zone, and the poultry from the poultry concerned shall be transported directly to the slaughterhouse in question the slaughtered meat continues to be transported;

3.

Young laying hens shall be transported directly to a domestic holding in which no other poultry is held; the holding of destination shall be placed under official supervision after the arrival of the hens, and the young laying hens shall have the following conditions: to remain at the holding of destination for at least 21 days;

4.

One-day chicks are transported directly to an establishment or stable in the country, and the authority has to order appropriate biosecurity measures. The office of destination must be put under official control after arrival and the one-day chicks shall remain in the holding at least 21 days;

5.

One-day chicks from hatching eggs from holdings outside protection and surveillance zones are transported directly to another holding, provided that the origin hatchery is able to guarantee due to its logistics and biosecurity measures, that the hatching eggs have not come into contact with other hatching eggs or one-day chicks from stocks within those zones and, consequently, with other health status;

6.

Hatching eggs shall be transported directly to a hatchery within or outside the surveillance zone designated by the authority; the eggs and their packaging shall be disinfected prior to dispatch. the origin and whereabation of these eggs must be able to be determined at any time;

7.

the consumer is transported directly to a packing centre designated by the authority; the consumption eggs must be packed in one-way packages and all the biosecurity measures prescribed by the authority must be complied with;

8.

Eggs shall be transported directly to a processing plant for the production of egg products as defined in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 (special requirements; eggs and egg products; egg products), and in accordance with Annex II, Chapter XI of Regulation (EC) No 852/2004 (General hygiene rules applicable to all food business operators; heat treatment);

9.

Eggs are transported directly for destruction.

Movement restrictions for domestic animals
Birds and domestic mammals

§ 35. (1) Poultry, other birds kept in captivity and domestic mammals may only be placed on a holding or removed from an establishment with the authorisation of the authority.

(2) This restriction shall not apply to mammals which have exclusive access to residential areas in which they are subject to:

1.

have no contact with poultry or other captive birds which are in operation, and

2.

do not have access to cages or areas in which poultry and other captive birds are kept.

Movement restrictions for used litter, feces or manure

§ 36. Any litter, feces or manure used may only be brought from holdings with the authorisation of the authority or applied to fields. In compliance with biosecurity measures, it may be approved that feces or manure from holdings in surveillance zones for the treatment or temporary storage followed by treatment for the inactivation of avian influenza viruses in accordance with the Regulation (EC) No 1774/2002 on a holding designated by the Authority.

Repeal of the measures in the surveillance zone

§ 37. The measures taken in the surveillance zone (§ § 32 to 36) may not be removed at the earliest 30 days after the date of completion of the completion of the coarse cleaning and the first disinfection of the holding in which the last outbreak has taken place. .

Section 5

Measures in the buffer zone

Measures in the buffer zone

§ 38. In addition to the measures in accordance with § § 19 and 20 (measures applicable to protection, surveillance and buffer zones; biosecurity measures; event and release prohibition within the zones), the Authority may order that some or all of the in sections 3 (measures in the protection zone) and 4 (measures taken in the surveillance zone) shall also be carried out in the buffer zone in accordance with section 18 (2).

6.

Measures in case of HPAI suspicion or confirmation
in slaughterhouses, transport equipment or border inspection posts

Measures in case of HPAI suspicion or confirmation
in slaughterhouses

§ 39. Where HPAI is suspected or confirmed in slaughterhouses, the Authority shall, on the basis of a risk assessment, immediately order the killing or slaughter of the entire poultry in the slaughterhouse.

(2) In the case of poultry slaughtering, poultry meat, all by-products derived from these animals, as well as the meat and by-products of other poultry which may have been contaminated during the process of slaughter and production, shall be: to be kept separate and to be placed under official supervision until the examinations are completed in accordance with the diagnostic manual. If the suspicion of HPAI is confirmed, the poultry meat and all by-products must be eliminated harmless.

(3) The cleaning and disinfection of buildings, equipment and vehicles which have been contaminated shall be carried out under the supervision of the official veterinarian, in accordance with disinfection and Appendix 2 (principles and procedures for the treatment of such equipment and vehicles). Cleaning, disinfection and treatment of farms).

(4) Early 24 hours after cleansing and disinfection in accordance with paragraph 3, poultry and other birds kept in captivity may be returned to the slaughterhouse.

(5) In the event of suspicion or confirmation of HPAI in a slaughterhouse, the Authority shall immediately initiate an epidemiological investigation to inform the holding of origin and contact holdings of the poultry and other birds held in captivity. identify and list and arrange investigations in order to confirm or to invalidate the suspicion of the diagnostic manual.

(6) In the holding of origin and in the contact companies, the measures are to be carried out in accordance with § 10 (measures in the case of poultry pest suspicion in companies; biosecurity measures) para. 2 and if the suspicion of avian influenza is confirmed, the measures must be taken in accordance with § 13 of the German Poultry Test (measures in establishments in the case of HPAI outbreak).

(7) The virus isolate of avian influenza shall be investigated for the determination of the virus subtype in accordance with the diagnostic manual.

(8) The Authority shall immediately inform the Governor and the Governor of the State of the Federal Minister for Health, Family and Youth of the suspicion or confirmation of an HPAI outbreak in accordance with paragraph 1.

Measures in case of HPAI suspicion or confirmation
in transport equipment

§ 40. (1) In the event of suspicion or confirmation of HPAI in means of transport, the Authority shall immediately have the killing or slaughter of the whole poultry or the complete removal of other poultry and other birds in captivity, under to arrange official supervision until the examinations have been completed in accordance with the diagnostic manual. The authority may allow the poultry or other birds held in captivity to be moved to another place where they are slaughtered or completely segregated.

(2) In the case of poultry slaughtering, poultry meat, all by-products derived from these animals, as well as the meat and by-products of other poultry which may have been contaminated during the process of slaughter and production, shall be: to be kept separate and to be placed under official supervision until the examinations are completed in accordance with the diagnostic manual. If the suspicion of HPAI is confirmed, the poultry meat and all by-products must be eliminated harmless.

(3) Equipment and vehicles which could be contaminated shall be properly cleaned and disinfected.

(4) Early 24 hours after cleaning and disinfection in accordance with paragraph 3, poultry and other birds kept in captivity may be transported to the means of transport.

(5) In the event of suspicion or confirmation of HPAI in a means of transport, the Authority shall immediately initiate an epidemiological investigation to carry out the holding of origin and contact holdings of the poultry and other birds held in captivity. identify and list and arrange investigations in order to confirm or to invalidate the suspicion of the diagnostic manual.

(6) In the holding of origin and in the contact companies, the measures pursuant to § 10 (measures in the case of poultry pest suspicion in establishments; biosecurity measures) are to be carried out and, if the suspect is confirmed on avian influenza, the measures shall be taken in accordance with § 13 (measures in establishments in the case of HPAI outbreak).

(7) The virus isolate of avian influenza shall be examined for the determination of the virus subtype in accordance with the diagnostic manual.

(8) The Authority shall immediately inform the Governor and the Governor of the State of the Federal Minister for Health, Family and Youth of the suspicion or confirmation of an HPAI outbreak in accordance with paragraph 1.

Measures in case of HPAI suspicion or confirmation
in border inspection posts

§ 41. (1) If HPAI is suspected or confirmed at a border inspection post, the Federal Minister for Health, Family and Youth shall immediately arrange the killing or slaughter of the entire poultry or the complete separation of other persons from the HPAI. Poultry and other captive birds under official supervision up to the conclusion of the studies in accordance with the diagnostic manual.

(2) The Federal Minister for Health, Family and Youth may allow the poultry or other birds held in captivity to be moved to another place where they are killed, slaughtered or completely segregated.

(3) The Federal Minister for Health, Family and Youth may order not to kill or slaughter poultry or other birds held in captivity at the border inspection post, if any contact with the suspect is suspected of being infected with the disease. Poultry or suspected other birds held in captivity can be excluded.

(4) In the case of poultry slaughtering, poultry meat, all by-products derived from these animals, as well as the meat and by-products of other poultry which may have been contaminated during the slaughter and production process, are: to be kept separate and to be placed under official supervision until the examinations are completed in accordance with the diagnostic manual. If the suspicion of HPAI is confirmed, the poultry meat and all by-products must be eliminated harmless.

(5) Border inspection posts which have been contaminated shall be properly cleaned and disinfected.

(6) Early 24 hours after the completion of cleaning and disinfection in accordance with paragraph 5, poultry and other captive birds may be returned to the border inspection post, provided that this is epidemiologically necessary, this may be Ban also extended to other animals.

(7) In the holding of origin and in the contact companies, the measures are to be carried out in accordance with § 10 (measures in the case of poultry pest suspicion in companies; biosecurity measures) (2) and, if the suspect is confirmed on avian influenza, according to § 13 of the German Poultry Test (measures taken in establishments in the case of HPAI outbreak) (2).

(8) The virus isolate of avian influenza shall be investigated for the determination of the virus subtype in accordance with the diagnostic manual.

Part 4

Measures in the event of NPAI outbreak

Section 1

Measures in operations at NPAI outbreak

Measures in operations at NPAI outbreak

§ 42. (1) In the event of a confirmed outbreak of a low pathogenic avian influenza in an establishment, the Authority has taken into account at least the one set out in Appendix 3 (criteria for the decision on the application of measures at NPAI in establishments). To arrange and, where appropriate, implement the following criteria:

1.

epidemiological studies;

2.

Counting and listing according to § 10 (2) (1) and (2);

3.

Removal pursuant to § 10 paragraph 2 Z 3;

4.

Disinfection measures pursuant to § 10 (2) (8) and (9);

5.

Prohibition of movement and movement in accordance with § 24 TSG;

6.

the eviction of all holdings with poultry and other captive birds in which NPAI has been confirmed, under official supervision for the subsequent slaughter or killing under official supervision; the eviction may also be carried out on: contact holdings shall be extended; the eviction of subsequent slaughter in a slaughterhouse designated by the authority shall be approved only if:

a)

Due to epidemiological risk assessment and diagnostic manual tests, the risk of a disappearance of the NPAI Erreger is minimal, and

b)

the poultry is dispatched directly from the holding to the slaughterhouse designated by the authority;

c)

each lot is sealed before dispatch by the official veterinarian or under his supervision;

d)

each lot remains sealed during the entire transport to the slaughterhouse designated by the authority;

e)

other biosecurity measures prescribed by the Authority shall be taken;

f)

the competent authority of the slaughterhouse is informed and is willing to accept the poultry or other birds held in captivity;

g)

the vehicles and equipment used for the transport of live poultry or other birds held in captivity, as well as other materials and substances which may be contaminated, shall be cleaned and disinfected without delay; and

h)

the by-products resulting from the slaughter or killing of such poultry or other birds held in captivity shall be destroyed under official supervision;

7.

the destruction of animal carcasses and hatching eggs in service, under the supervision of the official veterinarian;

8.

to determine as far as possible the whereabouts of the hatching eggs, which have been taken from the holding between the suspected introduction of the NPAI exciter and the stock clearance, and the monitoring (by the official veterinarian) of the breeding of these eggs and the poultry which has already been hatched from it by examination in accordance with the diagnostic manual;

9.

Eggs which were in operation prior to the disposal of the stock or At low risk of a spilling of NPAI, the following are:

a)

to a packing centre designated by the Authority, provided that they are packaged in one-way packaging and that all biosecurity measures prescribed by the Authority are applied; or

b)

to a processing plant for the production of egg products as defined in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 (special requirements; eggs and egg products; egg products), and in accordance with Annex II, Chapter XI, of Regulation (EC) No 852/2004 (General hygiene rules applicable to all food business operators; heat treatment), or

c)

in order to eliminate the risk of destruction;

10.

Materials and substances which may be contaminated shall be treated or destroyed either in accordance with the instructions of the official veterinarian;

11.

Kot, manure and litter, which may be contaminated, must be disposed of, under the supervision of an official veterinarian, either safely or in one or more of the procedures laid down in Annex 2 (principles and procedures for the cleaning, disinfection and treatment of holdings);

12.

the cleaning and disinfection of stables, equipment and vehicles which may be contaminated shall be immediately available after the stock-clearing operation;

13.

Domestic mammals may only be brought from or into the holding with the authorisation of the competent authority; this restriction shall not apply to mammals exclusively having access to the areas of residence in which they are subject:

a)

have no contact with poultry or other captive birds which are in operation, and

b)

have no access to cages or areas in which poultry or other captive birds are kept;

(2) Re-occupancy of cleared holdings may not be carried out until the Authority has been approved.

(3) In the case of a primary source of NPAI, the virus isolate shall be examined for the identification of the virus subtype in accordance with the diagnostic manual and shall be sent to the Community reference laboratory as soon as possible.

Derogations for certain establishments in the case of NPAI outbreak

§ 43. (1) In the event of an outbreak of NPAI in non-commercial poultry, a circus, a zoo, a bird shop, a wildlife park or a enclosure, in which poultry and other captive birds are held for scientific purposes or to For the purposes of maintaining officially registered endangered breeds, the Governor of the State may, on the basis of a risk assessment and if the risk of a transmission of diseases can be excluded, by means of a communication set out derogations from:

1.

the stock clearance pursuant to section 42 (1) (6) (poultry and other birds held in captivity) and

2.

the destruction of hatching eggs in accordance with Section 42 (1) (7).

(2) In The notice. Paragraph 1, the Governor of the State shall have to lay down the following conditions and conditions in order to prevent the risk of disease transmission as far as possible:

1.

Birds shall be permanently separated in stables or, in any case, in closed holding devices, which are at least covered and fenced at the side, so as to maintain contact with all species of animals, in particular wild birds, and to wild aquatic birds are excluded; if this is not practicable or incompatible with species-fair conditions, they shall be so deposited in another place in the same holding so that the contact with all species of animals, in particular: Poultry, other birds kept in captivity, wild birds and wild birds Waterfowl is excluded;

2.

the animal keeper has the separate birds to be examined at the beginning and thereafter at a distance of 3 months, but at least for the conclusion of the secretion, to be serologically examined by the AGES-Mödling for influenza viruses; in the case of poultry and The serological tests, excluding ducks and geese, shall be carried out in each case on samples of ten animals per herd and in the case of ducks and geese on 15 animals per herd; of minor stocks, all animals shall be sampled; positive results shall be ordered without delay of the segregated stock;

3.

the segregated animals may not be removed until such time as there is no risk of NPAI being spread on the basis of studies carried out in accordance with the diagnostic manual and the results of the results of serological tests;

4.

Poultry and other birds held in captivity may be moved from their holding of origin to slaughter or another holding only with the authorisation of the authority, and

a)

in the territory of the country with the consent and supervision of the authority responsible for the holding of destination, or

b)

in another Member State, with the agreement of the central authority of the Member State of destination.

(3) In the event of an NPAI outbreak in hatcheries, the Governor may, on the basis of a risk assessment in accordance with the AI contingency plan, and if the risk of a disease transmission may be excluded, derogations from some or all of the Grant measures in accordance with § 42 (measures in establishments in the case of NPAI outbreak).

(4) Likewise, in the event of a NPAI outbreak in a holding consisting of two or more separate units of production, the Governor of the State may, on the basis of a risk assessment in accordance with the AI contingency plan, and where the risk of a In the case of production units with healthy poultry and the control of the disease is not affected, it is possible to rule out the possibility of granting exemptions from the existing clearance under section 42 (1) (6) of the second paragraph.

(5) Planned exceptional authorisations in accordance with paragraphs 1, 3 and 4, as well as, if necessary, the granting thereof, shall be notified immediately to the Federal Minister for Health, Family and Youth.

Measures in contact companies at NPAI outbreak

§ 44. (1) In the course of the epidemiological investigations, the Authority shall identify the contact companies and report to the Governor of the State, who shall, for its part, submit the list of established contact companies to the Federal Minister for Health, Family and Youth .

(2) The Authority shall ensure that such long-term measures are carried out in the contact companies in accordance with § 10 (measures in the case of avian influenza suspected in establishments; biosecurity measures) (2) until the presence of the NPAI pathogen in accordance with the conditions of the Diagnostic manual can be excluded.

(3) On the basis of epidemiological studies, the Authority may implement measures in accordance with Article 42 of this Regulation (measures in establishments in the case of NPAI outbreaks) in contact holdings, in particular in an area with high density of poultry. The decision to grant any existing clearance shall be made in accordance with the criteria set out in Appendix 4 (main criteria for stock clearance in contact holdings or in establishments located in vulnerable areas within the buffer zone). The Federal Minister of Health, Family and Youth shall be immediately informed of the planned inventory, as well as, if necessary, of the arrangement of the existing evictions.

(4) In the case of administrative killings of poultry and other birds held in captivity, the Authority shall send samples to the AGES-Mödling in order to ensure the presence of avian influenza pathogens in contact farms in accordance with the diagnostic manual to be confirmed or excluded.

(5) The Authority shall ensure that in all establishments in which poultry and other birds held in captivity have been slaughtered or killed and destroyed, and subsequently the presence of NPAI has been confirmed, extensive Cleaning and disinfection measures shall be carried out; these measures shall include in particular the following areas and items:

1.

the stables and pastures where the animals were kept,

2.

the farms and equipment that could be contaminated, and

3.

the vehicles used for the transport of poultry and other captive birds, animal carcasses, meat, feed, feces, manure, litter and other materials or substances which might be contaminated.

Section 2

NPAI restriction sites

Establishment of NPAI restriction sites

§ 45. (1) Immediately after the outbreak of NPAI, the Authority shall set up a restriction site with a minimum distance of 1 km in order to establish the operation concerned.

(2) The Authority shall ensure that within the restriction area according to. (1) the following measures shall be implemented:

1.

Collection of all commercial poultry holdings,

2.

Carry out laboratory tests in all commercial poultry holdings in accordance with the diagnostic manual,

3.

Disease-safe disposal of animal carcasses, and

4.

appropriate biosecurity measures within the meaning of § 10 (2) (8) and (9) (measures in the case of avian influenza suspected in holdings; biosecurity measures).

Movement restrictions on poultry and eggs
within NPAI restriction sites

§ 46. (1) The movement of poultry, other birds kept in captivity, hens, single day chicks and eggs within NPAI restriction sites, or Subject to paragraph 2, NPAI restriction sites shall be prohibited. This prohibition shall not apply to the transit through NPAI restriction sites on the road or rail route without any export, reloading or interruption.

(2) At the request of the keeper/owner, the Authority may carry out shipments in accordance with the provisions of the following: the first sentence of paragraph 1, provided that it is ensured that adequate biosecurity measures are taken in order to prevent the spread of disease.

Movement restrictions on poultry and eggs
in establishments outside NPAI restriction sites

§ 47. (1) The movement of poultry, young laying hens, single day chicks and eggs from NPAI restriction sites shall be prohibited, subject to para. 2.

(2) The Authority may, upon request, authorise:

1.

slaughtered poultry shall be transported directly to a slaughterhouse designated by the authority for immediate slaughter in the territory of the country;

2.

live poultry shall be transported directly to an establishment or stable in which no other poultry is held; the holding of destination shall be placed under official control after the live poultry has arrived and the living shall be kept alive; Poultry shall remain at the holding of destination for at least 21 days;

3.

Day-on-day chicks are transported directly to a holding or stable in the country; the destination is to be placed under official control after arrival and the one-day chicks shall have at least 21 days in the holding of destination. remain;

4.

One-day chicks from hatching eggs from holdings outside the NPAI restriction sites are transported directly to another establishment, provided that the origin hatchery can ensure, by reason of its logistics and biosecurity measures, that: the hatching eggs have not come into contact with other hatching eggs or one-day chicks from herds within the restriction sites and, consequently, with other health status;

5.

Eggs and their packaging must be disinfected under official supervision before being sent and the origin and whereabation of such eggs must be determined at all times;

6.

the consumer may be transported directly to a packing centre designated by the authority, provided that they are packed in one-way packages and that all biosecurity measures prescribed by the authority are carried out;

7.

Eggs directly to a processing plant for the manufacture of egg products as defined in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 (special requirements; eggs and egg products; egg products) and in accordance with Annex II, Chapter XI, of the Regulation (EC) No 852/2004 (General hygiene rules applicable to all food business operators; heat treatment), whether or not the holding is located inside or outside the restriction sites; or

8.

Eggs are transported directly for destruction.

Movement restrictions on poultry, others in captivity
Birds and domestic mammals in NPAI restriction sites

§ 48. (1) Poultry, other birds kept in captivity and domestic mammals within the NPAI restriction sites may only be placed on a holding or removed from an establishment with the authorisation of the authority.

(2) This restriction shall not apply to domestic mammals exclusively having access to residential areas in which they are subject to:

1.

have no contact with poultry or other captive birds which are in operation, and

2.

do not have access to cages or areas in which poultry and other captive birds are kept.

Movement restrictions for used litter, feces or manure
in NPAI restriction sites

§ 49. (1) Use of litter, feces or manure may only be taken from holdings with the authorisation of the authority or applied to fields.

(2) In compliance with biosecurity measures, it may be approved that feces or manure from holdings in NPAI restriction sites for the treatment or temporary storage followed by treatment for the inactivation of avian influenza virus in accordance with the Regulation (EC) No 1774/2002 on a holding designated by the Authority.

Ban on event and release in NPAI restriction sites;
further measures

§ 50. (1) It is prohibited to use in NPAI restriction sites

1.

-subject to authorisation by the Authority on the basis of a risk assessment, provided that the risk of spread of the disease can be excluded-trade fairs, markets, animal shows, contests, including post-pigeon and post-pigeon overflights, and To hold or participate in any other merging of poultry or other captive birds;

2.

Release poultry or other captive birds intended to increase the amount of wild herds.

(2) If the epidemiological situation so requires, the Federal Minister for Health, Family and Youth may adopt further measures for NPAI restriction sites as a result of a risk assessment beyond the measures provided for in this section.

Exemptions for certain establishments in NPAI restriction sites

§ 51. (1) In the event that the NPAI suspicion is confirmed in a hatchery, the Landeshauptmann may, on the basis of a risk assessment, approve exceptions to some or all measures in accordance with § § 45 to 50.

(2) NPAI suspicion is confirmed in non-commercial poultry farming, a circus, a zoo, a bird shop, a wildlife park, or a enclosure in which poultry and other captive birds are scientific For the purposes of maintaining officially registered endangered breeds, the Governor of the State may, on the basis of a risk assessment, authorise exemptions from the measures provided for in this Section, provided that there is a risk the disease can be excluded from the disease.

(3) The Federal Minister for Health, Family and Youth shall inform the Federal Minister for Health, Family and Youth without delay of any such derogations.

Repeal of measures in NPAI restriction sites

§ 52. The measures taken in NPAI restriction sites shall be maintained at least 21 days after the completion of the initial disinfection and disinfection of the disease and at least 42 days after the date of confirmation of the NPAI outbreak; and continue until the Authority considers the risk of NPAI ablation to be minor, on the basis of studies carried out in accordance with the diagnostic manual and a risk assessment.

Part 5

Other and final provisions

Section 1

Other animal species

Measures relating to pigs and other animals

§ 53. (1) The Authority shall, after confirming the presence of avian influenza in a holding, also examine the pigs in the holding in accordance with the diagnostic manual, in order to confirm or rule out that these pigs are infected with the avian influenza virus are or were previously infected with it. No pigs may be removed from the holding until the laboratory findings are available.

(2) In order to confirm the presence of pathogens of avian influenza in pigs in accordance with paragraph 1, the Authority may authorise such pigs to be transported to other pig holdings or slaughterhouses designated by the Authority , provided that it has been demonstrated by follow-up studies that the risk of avian influenza is negligically reduced.

(3) In order to ensure that the pigs are killed as soon as possible under the supervision of the official veterinarian, the Authority shall, under the supervision of the official veterinarian, arrange for the disappearance of pigs as soon as possible to confirm the risk to the health of humans or animals. of the pathogen of avian influenza, in particular during transport.

In the case of confirmation of the presence of avian influenza in an establishment, the Authority may, on the basis of a risk assessment carried out in accordance with the AI crisis plan, also apply the measures provided for in paragraphs 1 to 3 to other mammals within that establishment and to: Apply contact companies.

(5) The competent authority may, after confirming the presence of the pathogen of avian influenza in pigs or other mammals in a holding, initiate surveillance in accordance with the diagnostic manual in order to determine whether the virus of avian influenza has been disseminated.

Section 2

Cleaning, disinfection and re-use

Cleaning, disinfection and procedures for inactivation
of the pathogen of the avian influenza

§ 54. (1) The cleaning, disinfection and treatment of establishments and materials or substances contained therein which are or may be contaminated with avian influenza have been subject to official supervision by the Commission, under official supervision of:

1.

the instructions of the official veterinarian; and

2.

the provisions

a)

Appendix 2 (principles and procedures for the cleaning, disinfection and treatment of holdings),

b)

of the AI crisis plan and

c)

of disinfection

shall be made.

(2) grounds or pasture land on which poultry or other birds kept in captivity have been kept and which belongs to a holding in which avian influenza has been confirmed shall not be held for the keeping of poultry or other prisoners held in captivity. Birds shall be used until the competent authority is satisfied that all avian influenza pathogens have been inactivated.

(3) The cleaning, disinfection and treatment of slaughterhouses, vehicles, trailers or other means of transport, border inspection posts and materials or substances contaminated with avian influenza or may be, under official supervision, in accordance with the instructions of the official veterinarian.

(4) Equipment, materials or substances which are contaminated or could be contaminated with avian influenza in establishments, slaughterhouses, vehicles, trailers or other means of transport and border inspection posts, and not be effectively purified and disinfected or treated, under official supervision, in accordance with the instructions of the official veterinarian.

(5) The disinfectants to be used and their respective concentrations must be approved by the competent authority.

Reusage

§ 55. (1) After the implementation of the measures in accordance with § 13 (measures in establishments in the case of HPAI outbreak) and § 42 (measures in establishments in the case of NPAI outbreak), the Authority shall ensure that commercial poultry holdings do not take place at the earliest 21 days after the completion of the Fine cleaning and final disinfection are to be re-used.

(2) After the date of re-occupancy, the following measures shall be taken in commercial poultry holdings for a period of 21 days:

1.

The poultry shall be subject to at least one clinical examination by the official veterinarian. This clinical examination or, if more than one clinical examination is carried out, the final clinical examination, shall be carried out as close as possible to the end of the abovementioned period of 21 days.

2.

Laboratory tests according to the diagnostic manual;

3.

Examination of the poultry that has died during the re-occupation phase, according to the diagnostic manual;

4.

Persons who enter or leave commercial poultry holdings shall observe appropriate biosecurity measures according to § 10 para. 2 Z 8 and 9 (measures in case of avian influenza suspicion; biosecurity measures) to be scrupulously observed and , in order to prevent avian influenza from being trafficked;

5.

Poultry may only be removed from commercial poultry holdings during the period of observation, with the authorisation of the authority;

6.

the keeper has to keep records of production data, including the morbidity and mortality data, and to update these records on a daily basis;

7.

significant changes in production data for the purposes of Z 6 and other irregularities shall be notified forthwith to the Authority by the animal keeper.

(3) On the basis of a risk assessment and on-the-spot surveys, the Landeshauptmann may also use the measures referred to in paragraph 1 in other establishments as commercial poultry holdings or their application to other species in a commercial or industrial sector. Order poultry farming.

(4) The restovings of contact holdings with poultry may only be carried out in accordance with the instructions of the Authority on the basis of a risk assessment and according to official surveys carried out on the spot.

Section 3

Diagnostic methods and vaccinations

Diagnostic methods and diagnostic manual

§ 56. (1) The diagnostic position, sampling and laboratory analysis for the detection of avian influenza in poultry and other birds in captivity or the pathogen of avian influenza in mammals shall be carried out in accordance with the diagnostic manual in order to: it is ensured that avian influenza is diagnosed according to uniform methods.

(2) viruses of avian influenza, their genome and their antigens, as well as vaccines, may be used exclusively in officially approved places, in officially approved establishments or laboratories which comply with adequate biosafety standards, for research purposes, and diagnostic purposes, or for the production of vaccines, manipulated or used.

Vaccinations

§ 57. (1) Vaccination against avian influenza shall be prohibited, subject to the derogation provided for in paragraph 2 and the relevant provisions in § 45a TSG.

(2) With the approval of the Federal Minister for Health, Family and Youth, emergency vaccination or preventive vaccinations against avian influenza shall be carried out upon request and in accordance with the conditions and conditions laid down in the authorization.

Section 4

Final provisions

Cost

§ 58. (1) The costs of the investigations to be carried out in accordance with § 3 (surveillance, poultry and wild birds) shall be borne by the federal government pursuant to § 7 para. 2 TGG (examination costs).

(2) For the purpose of carrying out the investigation and control measures in accordance with the other provisions of this Regulation, Section VII TSG shall apply (denunciation of the costs incurred by measures against animal diseases).

Penalties

§ 59. In the event of a breach of this Regulation, the following provisions shall apply:

1.

in case of violations of § § 3 and 5 of § 15 TGG (Penal Code);

2.

in the case of infringements of the other provisions of this Regulation, Section VIII TSG (provisions in the subject of penalties and vocations).

Referrals and personal names; headings

§ 60. (1) Where reference is made in this Regulation to other regulations of the Federal Minister for Health, Family and Youth, these regulations shall apply in principle in their respectively applicable version.

(2) In the case of all personal names used in this Regulation, the chosen form shall apply to both sexes.

(3) The link and paragraph headings of this Regulation are not part of the provisions of this Regulation themselves, but may be used in support of their interpretation.

Implementation of EU provisions

§ 61. This Regulation implements the following legal provisions of the European Community into Austrian law:

1.

Directive 2005 /94/EC laying down Community measures for the control of avian influenza and repealing Directive 92 /40/EC, OJ L 103, 25.4.2005, p. No. OJ L 10, 14.01.2006 p. 16,

2.

Decision 2006 /415/EC laying down measures for the protection against highly pathogenic avian influenza of the H5N1 subtype in poultry in the Community and repealing Decision 2006 /135/EC, OJ L 376, 27.12.2006, p. No. 51., as amended by Decision 2006 /506/EC, OJ L 164, 30.4.2006, p. No. OJ L 199, 21.07.2006 p. 36, and

3.

Decision 2006 /437/EC concerning the approval of a manual for the diagnosis of avian influenza in accordance with Directive 2005 /94/EC, OJ L 378, 27.9.2006, p. No. OJ L 237 of 31.08.2006 p. 1.

In-force pedals

§ 62. (1) This Regulation shall enter into force on 1 November 2007, but not before the end of the day of its manifestation in the Federal Law Gazans.

(2) With the entry into force of this Regulation, the following Regulations shall enter into force:

1.

the Regulation of the Federal Minister of Health and Consumer Protection on the protection and eradication measures for the control of classical avian influenza (Avian Influenza), BGBl. No 465/1995; and

2.

Avian influenza-Biosafety Ordinance 2006, BGBl. II No 189/2006, idF BGBl. II No 211/2006.

Kdolsky

Appendix 1

(on § 8)

Areas with increased risk of avian influenza

I. Areas with increased risk
on the basis of the high density of poultry

(dzt. No areas)

II. Areas with increased risk
due to their situation in the vicinity of poultry slaughterhouses

(dzt. No areas)

III. Areas with increased risk
due to their situation in waters

(dzt. No areas)

Appendix 2

Principles and procedural requirements for cleaning, disinfection
and treatment of establishments

1.

Cleaning, disinfection and treatment in accordance with § 54 (cleaning, disinfection and procedures for the inactivation of the pathogen of avian influenza) shall be carried out in accordance with the following general principles and procedures:

a)

Measures for cleaning and disinfection and, if necessary, for the destruction of rodents and insects shall be carried out under official supervision and in accordance with the instructions of the official veterinarian.

b)

The disinfectants to be used and their concentration must be approved by the competent authority for the inactivation of avian influenza pathogens.

c)

Disinfectants shall be used either in accordance with the recommendations of the manufacturer, if such recommendations are available, or in accordance with the instructions of the official veterinarian or the authority, if such instructions are available.

d)

In the choice of disinfectants and disinfection methods, the type of buildings, vehicles and objects to be treated shall be taken into account.

e)

Fat-dissolving agents and disinfectants must be used in such a way that their effectiveness is not impaired, in particular the technical instructions of the manufacturer, for example in terms of pressure, minimum temperature and exposure time, ,

f)

Irrespective of the disinfectant used, the following general rules shall apply:

aa)

Litter, crap and faeces must be thoroughly soaked with disinfectant.

bb)

After equipment or installations that would otherwise impede effective cleaning and disinfection have been removed or dismantled as far as possible, floors, ramps and walls are to be carefully washed and cleaned with brushes and scrubbers.

cc)

Subsequently, the disinfectant is to be re-applied for the minimum time of action recommended by the manufacturer.

g)

When liquid agents applied for washing under high pressure are used, it must be ensured that the cleaned parts are not contaminated again.

h)

Equipment, installations, objects or boxes that could be contaminated are to be washed, disinfected or destroyed.

i)

After disinfection, a new contamination must be avoided.

j)

The cleaning and disinfection operations required under this Directive shall be carried out in the operating register or document in the logbook and, where an official acceptance is required, to be certified by the supervisory official veterinarian or by a person under his supervision.

k)

Transport and passenger vehicles must be cleaned and disinfected.

2.

Disease holdings must be cleaned and disinfected in accordance with the following principles and procedures:

a)

Coarse cleaning and first disinfection:

aa)

In the case of the killing of poultry or other birds held in captivity, all the necessary precautions must be taken to avoid or minimise the transmission of avian influenza pathogens, including the following: temporary installation of disinfectants, the provision of protective clothing and showers, the decontamination of used equipment, equipment and equipment, and the shut-down of the ventilation system.

bb)

Organs of poultry and other birds kept in captivity are to be sprayed with disinfectant.

cc)

The carriage of animal carcasses from poultry or other birds kept in captivity and removed from the holding for destruction shall be carried out under official supervision in closed, run-out vehicles or containers. shall be carried out in such a way as to avoid the disappearance of the pathogen of the avian influenza test.

dd)

Once the carcases have been removed for destruction, their stables, as well as other parts of the building, courtyards, etc., which may have been contaminated in the course of the killing or post-mortem examination, shall be subject to the provisions of § 54 shall be sprayed with approved disinfectants.

ee)

Tissue or blood which is to be collected during the killing or post-mortem examination must be carefully collected and destroyed with the carcases.

ff)

The disinfectant must act on the treated surfaces for at least 24 hours.

b)

Fine cleaning and final disinfection:

aa)

Kot and used litter are to be removed and according to the procedural requirements of Z 3 lit. a to be treated.

bb)

All surfaces are to be freed from fat residues and dirt with a fat-dissolving agent and to be cleaned with water.

cc)

After rinsing with cold water, the surfaces should be re-sprayed with disinfectant.

dd)

After seven days of operating time, the operation has to be treated again with a grease-release agent, rinsed with water, sprayed with disinfectant and rinsed again with water.

3.

Disinfection of contaminated litter and manure and contaminated feces shall be carried out in accordance with the following principles and procedures:

a)

Kot and used litter are either

aa)

to treat steam at a temperature of at least 70 °C,

bb)

to be destroyed by burning,

cc)

to bury so deep that wild birds and other animals don't find access, or

dd)

to be stacked for self-heating, sprayed with disinfectant and allowed to rest for at least 42 days.

b)

Manure shall be stored for at least 60 days after the last addition of infectious material, unless the competent authorities authorise a shorter storage period for manure, which has been treated in accordance with the instructions of the official veterinarian in such a way that: Safe deactivation of the excitable is guaranteed.

The competent authority may authorise the supply of feces, manure and litter which may be contaminated, either to an approved processing plant, in order to be treated there for the safe inactivation of influenza viruses, or before: Destruction or treatment shall be temporarily stored in accordance with Regulation (EC) No 1774/2002. The transport shall be carried out under official supervision in closed, run-out vehicles or containers in such a way as to prevent the pathogen of the avian influenza from being spilled.

4.

However, by way of derogation from Z 1 and 2, the competent authority may lay down specific procedures for cleaning and disinfection, taking account of the shape of the holding and the climatic conditions. In applying this derogation, the Authority shall inform the Federal Minister for Health, Family and Youth and provide it with details of the specific procedures in question.

5.

Without prejudice to Article 54 (2), if it is satisfied that a holding or a part thereof cannot be cleaned and disinfected for any reason, the competent authority shall prohibit persons, vehicles, poultry, others in Captive held birds or domestic mammals, or even objects, have access to them, or be put there; the ban has to remain in force for at least 12 months.

Appendix 3

(to § 42 (1))

Criteria for the decision on the application of measures
at NPAI in establishments

In deciding on the movement of poultry or eggs and the clearance of holdings in the event of a NPAI outbreak in establishments, the competent authority shall take account of the following criteria:

1.

animal species concerned,

2.

the number of establishments in the vicinity of the conshipment points;

3.

Location of designated slaughterhouses, hatcheries and packing centres,

4.

Biosecurity measures in establishments, poultry compartments or compartments for other birds kept as domestic animals during transport and killing,

5.

transport path (s),

6.

Detection of virus disappearance,

7.

the risk to public health (as far as possible),

8.

further treatment of the products concerned; and

9.

socioeconomic and other effects.

Appendix 4

Main criteria for a stock clearance in contact holdings or in establishments in vulnerable areas within the buffer zone

When deciding on the application of measures in contact companies (§ § 17 para. 3 [HPAI] and Article 44 (3) [NPAI]) or in companies in endangered areas which are located in the buffer zone (§ 19 Z 7), the following main criteria and risk factors are shall be considered:

1.

Circumstances that speak for a stock clearance:

a)

Clinical signs of disease in contact with avian influenza in contact holdings;

b)

high susceptibility of the predominant types of poultry;

c)

Movements of poultry or other birds kept in captivity from the holding in which avian influenza has been confirmed, to contact establishments after the likely date of the introduction of the pathogen into the infected holding;

d)

Location of contact holdings in an area with high density of poultry;

e)

before the application of eradication measures, a longer presence of avian influenza and probable disappearance of the pathogen from the holding in which the disease has been confirmed;

f)

Location of the contact holdings within a radius of 500 m around the holding in which avian influenza has been confirmed;

g)

contact holdings shall be linked to more than one holding, in which avian influenza has been confirmed;

h)

the disease is not under control and the number of holdings in which avian influenza has been confirmed is increasing.

2.

Circumstances that speak against a stock-clearing:

a)

No clinical signs of disease that can be concluded on avian influenza in contact companies and no epidemiological link;

b)

low susceptibility to the predominant types of poultry;

c)

no movement of poultry or other birds kept in captivity from the holding in which avian influenza has been confirmed shall be known in contact holdings after the likely date of the introduction of the pathogen;

d)

Location of contact holdings in an area with a low density of poultry;

e)

the presence of avian influenza before the application of eradication measures, but only limited spilling of the pathogen from the holding in which the disease has been confirmed;

f)

Location of the contact holdings within a radius of more than 500 metres around the holding in which avian influenza has been confirmed;

g)

the contact holdings shall not be linked to holdings where avian influenza has been confirmed;

h)

the plague is under control.