Regulation on protection against avian influenza

Original Language Title: Verordnung zum Schutz gegen die Geflügelpest

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Regulation on protection against avian influenza (Avian Influenza)

Unofficial table of contents

GeflPestSchV

Date of completion: 18.10.2007

Full quote:

" Avian plague regulation as amended by the Notice of 8 May 2013 (BGBl. 1212), as defined by Article 29 of the Regulation of 17 April 2014 (BGBl. 388).

Status:	New by Bek. v. 8.5.2013 I 1212;
	Amended by Art. 29 V v. 17.4.2014 I 388

For more details, please refer to the menu under Notes
This Regulation provides for the implementation of Council Directive 2005 /94/EC of 20 December 2005 laying down Community measures for the control of avian influenza and repealing Directive 92 /40/EEC (OJ L 327, 22.12.2005, p. EU 2006 No 10 p. 16).

Footnote

(+ + + Text evidence from: 23.10.2007 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 94/2005 (CELEX Nr: 305L0094) + + +)

Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Definitions

Section 2Protection measures for kept birds subsection 1General protection measures

§ 2	Display, registers and records
§ 3	Feeding and Timpregnation
§ 4	Early detection
§ 5	Protective clothing
§ 6	Other general protection measures
§ 7	Poultry exhibitions and poultry markets
§ 8	Protective vaccinations and healing tests
§ 9	Implementation of the protective vaccination
§ 10	Investigations in the case of protective vaccination
§ 11	Measurement rules for the movement of vaccinated birds
§ 12	Measures for the detection of avian influenza or low pathogenic avian influenza in vaccinated birds

Subsection 2Position of poultry

§ 13	Keeping of poultry
§ 14	Further investigations

Subsection 3Protection measures in the case of poultry pest part 1Before official determination

§ 15	Mindset
§ 16	Arrangement for further stocks
§ 17	Surveillance zone

Part 2After official determination

§ 18	Public Notice
§ 19	Protection measures for the disease population
§ 20	Protection measures in special facilities
Section 21	Protection measures in relation to the restricted district
Section 22	Exceptions to the restricted district rules for held birds
Section 23	Exceptions to the restricted district rules for hatching eggs and consumerist eggs
§ 24	Exceptions to the restricted district rules for meat of poultry and feather game
Section 25	Exceptions to the blocking district rules for animal by-products
Section 26	Cleaning and disinfection of transport vehicles
§ 27	Protection measures in relation to the observation area
§ 28	Exceptions to the observation area scheme
§ 29	Other exceptions to the observation area scheme
§ 30	Protective measures in relation to the control zone
Section 31	Exceptions to the control zone regime
Section 32	Other exceptions to the control zone regime
Section 32a	Protection measures for areas with high density of poultry
§ 33	Risk Assessment
Section 34	Disease outbreak in an adjacent Member State
§ 35	Protection measures for the contact stock
§ 36	Emergency vaccinations following Commission decision
Section 37	Exceptions to the movement within the vaccination area
§ 38	Derogations for the movement from the vaccination area
§ 39	Derogations for the provision of outside the vaccination area
§ 40	Investigations in the case of emergency vaccination
Section 41	Protection measures for the detection of avian influenza in emergency vaccinated birds
§ 42	Emergency vaccinations in case of danger

Subsection 4Protection measures in slaughterhouses,
on transport and in border inspection posts

Section 43

Protection measures

Subsection 5Repeal, Reassignment

Section 44	Repeal of the protection measures
§ 45	Reusage

Subsection 6Protection Measures
in case of low pathogenic avian influenza

Section 46	Protection measures for the inventory
§ 47	Protection measures in special facilities
§ 48	Protection measures in relation to the restricted area
§ 49	Exceptions to the restricted area scheme
§ 50	Protection measures for other stocks
Section 51	Emergency vaccination
Section 52	Repeal of the protection measures
Section 53	Reusage
§ 53a	Protection measures in other cases

Section 3Protection measures in wild vögelnSubsection 1General protection measures

§ 54	Early detection

Subsection 2Special Protection Measures Part 1Before official determination

§ 55	Suspicion of avian influenza, avian influenza

Part 2After official determination

§ 56	Protection measures in relation to the restricted area and the observation area
Section 57	Exceptions to the restricted district rules for held birds and hatching eggs
Section 58	Exceptions to the restricted area scheme for meat
§ 59	Exceptions to the blocking district rules for animal by-products
§ 60	Exceptions to the observation area scheme
Section 61	Risk Assessment
Section 62	Disease outbreak in an adjacent Member State
§ 63	Repeal of the protection measures

Section 4Final provisions

Section 64	Irregularities
Section 65	Further measures
Section 66	Transitional provisions
Section 67	Repeal federal regulations
Section 68	entry into force

Section 1
General provisions

Unofficial table of contents

§ 1 Definitions

(1) For the purposes of this Regulation:

1.

Avian influenza, if:

a): highly pathogenic avian influenza A virus of the subtypes H5 or H7, which codes for multiple basic amino acids in the cleavage region of the hemagglutinin molecule, by virus, antigen or genomic detection (virological examination) or
b): Influenza viruses other than those referred to in (a) with an intravenous pathogenicity index of more than 1.2 in six weeks old chickens by virological examination

(highly pathogenic avian influenza virus) in a kept bird or highly pathogenic avian influenza A virus of the H5N1 subtype in a wild bird has been detected by a virological examination;

2.

Suspicion of avian influenza if:

a): the result of the virological, serological, pathological-anatomical or clinical examination, taking into account the epidemiological findings, the outbreaks of avian influenza in a held bird can be feared, or
b): Avian influenza A virus of the H5N1 subtype has been detected by virological examination in a wild bird;

3.

low pathogenic avian influenza, if by virological examination

a): Avian influenza A virus of the subtypes H5 or H7 with an intravenous pathogenicity index of less than 1.2 in six week old chickens or
b): Avian influenza A virus, which does not code for multiple basic amino acids in the cleavage site of the hemagglutinin molecule,

(low pathogenic avian influenza virus) has been detected in a bird kept.

(2) For the purposes of this Regulation:

1.: birds: poultry or birds of other species held in captivity;
2.: Poultry: chickens, turkeys, guinea fowl, vines, pheasants, ratites, quails, ducks and geese which are reared or held in captivity;
3.: birds of other species held in captivity: other birds kept as the poultry referred to in point 2;
4.: Wild birds: birds of wild species, which are hunted for human consumption;
5.: Bruteier: eggs of poultry intended for incubation;
6.: One-day chicks: less than 72 hours old, not yet fed chicks and less than 72 hours old barbarous ducks (Cairina moschata) and their intersections, fed or not fed;
7.: wild birds: a wild bird of the orders of chicken birds, goose birds, birds of prey, owls, rain-whistle-like, lobe-like or screeching birds and a bird of these orders kept for scientific purposes;
8.: Vaccination: vaccinations or emergency vaccination;
9.: Vaccination: preventative vaccination of birds in order to reduce clinical manifestations or virus excretion in the event of infection with the highly pathogenic or low pathogenic avian influenza virus;
10.: Emergency vaccination: a vaccination of birds after the outbreak of avian influenza in order to prevent the spilling of the highly pathogenic avian influenza virus into a herd or other bird holding or within a given area.

Section 2
Protection measures for birds kept

Subsection 1
General protection measures

Unofficial table of contents

§ 2 Display, register and records

(1) In addition to the information provided for in the first sentence of Article 26 (1) of the Livestock Transport Regulation, anyone who wishes to hold poultry shall inform the competent authority whether it holds the poultry in stables or outdoors. The second sentence of Article 26 (1) of the Animal Transport Regulation shall apply. (2) Who holds poultry shall have a register in accordance with the second sentence of paragraph 2. The register shall be entered without delay:

1.

in the case of access to poultry, the name and address of the transport undertaking and the previous holder, the date of access and the nature of the poultry,

2.

in the case of the departure of poultry, the name and address of the transport undertaking and of the future keeper, the date of departure and the type of poultry,

3.

in the event that more than 100 poultry are kept, the working day shall be the number of animals that have died,

4.

in the case of more than 1 000 poultry being held, the total number of eggs laid down in each stock shall, in addition to the working day, be kept,

5.

in the case of delivery of poultry, in addition to a poultry exhibition or event of a similar nature,

a): the number and
b): the labelling

of the poultry.

Where birds of other species are held in captivity, the rates 1 and 2 (1) and (2) to (3) and (5) (a) shall apply. (3) Any person who is employed on a commercial basis within the framework of the entry or exit of poultry shall be subject to the following: The name and address of the undertaking in which it operates, the nature of the activity, the date of the activity and the nature of the poultry to which the activity has been referred. The records must be permanently connected, established chronologically, and provided with consecutive page numbers. Instead of being connected in a connected form, they can also be carried electronically. The records shall be carried out in a durable manner immediately after the performance of the activity to be recorded. (4) The register referred to in the first sentence of paragraph 2, also in conjunction with the third sentence, and the records referred to in paragraph 3, first sentence, shall be: the person who is obliged to maintain the register or record the records for three years. The period shall begin at the end of the 31 December of the year in which the last entry has been made. The register and records shall be submitted to the competent authority upon request. Unofficial table of contents

§ 3 Feeding and Timpregnation

Those who do not hold poultry exclusively in stables have to ensure that

1.: the animals are only fed at points which are not accessible to wild birds,
2.: the animals are not soaked with surface water to which wild birds have access, and
3.: Fodder, litter and other objects with which poultry can come into contact are kept inaccessible to wild birds.

Unofficial table of contents

§ 4 Early detection

(1) Trees within 24 hours in a poultry population loss of

1.: at least three animals with an inventory size of up to 100 animals, or
2.: More than 2 of the hundreds of animals in the herd at an inventory size of more than 100 animals

or where there is a significant change in the laying performance or weight gain, the keeper, subject to paragraph 2, shall immediately, by a veterinarian, have an infection with the highly pathogenic or low pathogenic avian influenza virus by appropriate examinations. (2) Trets in a poultry population, in which only ducks and geese are held, over a period of more than four days

1.: losses of more than three times the usual mortality of the animals of the population; or
2.: a decrease in the usual weight gain or leadage of more than 5 per hundred

(3) The competent authority may order the competent authority to order the presence of an infection with the highly pathogenic or low pathogenic avian influenza virus without delay by a veterinarian. (3) that the keeper of the animal shall be able to examine a poultry herd as far as it is necessary for the purpose of combating animal diseases. Unofficial table of contents

§ 5 Protections

The keeper of animals shall ensure that any person who is active in the production of poultry in or out of the poultry before commencement of the activity in order to prevent the movement of the avian influenza or the low pathogenic avian influenza cleaned and disinfected protective clothing or one-way clothing, which is carried during the on-or-out operation. The keeper shall also ensure that the protective clothing is stored, cleaned and disinfected immediately after use or, in the case of one-way clothing, immediately destroyed. Unofficial table of contents

§ 6 Further general protection measures

Where more than 1 000 poultry are kept in a poultry herd, the keeper shall ensure that:

1.: the entrances and exits to the stables or the other locations of the poultry are secured against unauthorised access or unauthorized access,
2.: the stables or the other locations of the poultry are entered only with a protective clothing or disposable clothes, and that these persons are protected or disposable after leaving the stables or other the location of the poultry immediately,
3.: protective clothing, after use, immediately cleaned and disinfected and disposable clothes are immediately destroyed after use;
4.: the equipment used and the place of loading are cleaned and disinfected after each poultry has been put into or out of the poultry, and after each test, the stalls which have become vacant, including the facilities available there, shall be cleaned and disinfected; and objects are cleaned and disinfected,
5.: cleaned and disinfected, by way of derogation from Article 17 (1) of the Animal Transport Regulation, immediately after the conclusion of a poultry transport on a fortified place,
6.: Vehicles, machinery and other equipment used in poultry farming and used jointly by a number of establishments shall be cleaned and disinfected before the levy, in each case in the case of the delivery,
7.: proper anti-pest control is carried out and records are made of it,
8.: the room, the container or the other facilities for storage are to be cleaned and disinfected, if necessary, at least once a month,
9.: a ready-to-use device for washing the hands, as well as a device for disinfecting the shoes.

Unofficial table of contents

§ 7 Poultry Exhibitions and Poultry Markets

(1) A poultry exhibition, a poultry market or an event of a similar nature may only be carried out, provided that the organiser ensures that:

1.: the birds held at the event will be subject to veterinary examination prior to the event, and
2.: the event will be held in closed rooms.

At the request of the competent authority, the holder of the poultry listed on an event in accordance with the first sentence shall inform the competent authority of the registration number in accordance with Article 26 (2) of the Livestock Transport Regulation. The first sentence shall not apply to a poultry exhibition, to a poultry market or to an event of a similar nature to the extent that the birds erected have been held in stocks prior to the event, which shall:

1.: are located in the circle or in the county-free town (district) where the event takes place, or
2.: are located in a circle adjacent to a circle within the meaning of paragraph 1.

(2) In a poultry market or event of a similar nature, ducks and geese may only be drawn up if, at the latest seven days prior to the event, samples of 60 animals of the respective stock in one of the competent authorities shall be drawn up in a similar manner. have been investigated virologically with negative results on highly pathogenic avian influenza virus. The samples can be taken by means of a combined rake and knock-off copper. If less than 60 ducks and geese are kept, the animals present are to be examined. Instead of the examination referred to in the first sentence, the keeper may keep ducks and geese together with chickens or turkeys, provided that the chickens or turkeys are used to detect the introduction of the avian influenza into the herd at an early stage. In this case, the number of chickens or turkeys provided for in Appendix 2 to column 2 must be kept. In addition, in the cases of sentence 4 of each completed piece of poultry, the keeper shall immediately have a virological examination of highly pathogenic avian influenza virus in an examination facility designated by the competent authority. (3) In the case of in the cases referred to in the fourth sentence of paragraph 2, the keeper of the competent authority shall immediately inform the competent authority of the common position of ducks and geese with chickens and turkeys. The competent authority shall issue a confirmation to the keeper of the animal via the notification. (4) The veterinary examination referred to in the first sentence of paragraph 1, first sentence, shall be the organiser of the animal ' s holder by presenting a veterinary certificate, which shall: The virological examination referred to in the first sentence of paragraph 2 shall be submitted to the organiser by the keeper of the keeper by the presentation of the examination findings and the common position referred to in the fourth sentence of paragraph 2 shall be submitted by the keeper of the keeper by the submission of the the second sentence of paragraph 3. The certificate, the findings of the examination or the confirmation shall be submitted to the competent authority upon request. (5) The competent authority may, in the case of poultry exhibitions or events of a similar nature as referred to in the third sentence of paragraph 1, draw up measures for the measures referred to in paragraph 1 (5a) The competent authority may authorise exemptions from the first sentence of paragraph 1 for birds of other species held in captivity, to the extent that the exhibition, the market or the the event of a similar nature is not drawn up and any other poultry (6) § 4 of the Animal Transport Ordinance remains unaffected. Unofficial table of contents

§ 8 Protection vaccinations and healing tests

(1) Protection vaccinations against avian influenza and low pathogenic avian influenza of subtypes H5 and H7 shall be prohibited, subject to paragraphs 2 to 4. Medical tests are prohibited. (2) The competent authority may:

1.: authorise the exceptions to paragraph 1 for scientific purposes in so far as it does not conflict with animal disease control;
2.: Arrange protective vaccinations against avian influenza or low pathogenic avian influenza to the extent that this is necessary for animal disease control purposes.

The competent authority may, subject to a favourable decision by the European Commission (Commission), comply with a risk assessment of the Friedrich-Loeffler-Institut, to protect the vaccinating birds against avian influenza or the low pathogenic avian influenza of the subtypes H5 or H7, which

1.: in a zoological garden or similar body, or in an approved programme referred to in Annex III, Part II, to Commission Decision 2007 /598/EC of 28 August 2007 on measures to prevent the spread of the Highly pathogenic avian influenza on birds held in zoos, officially approved establishments, institutes or centres in the Member States (OJ L 327, 30.4.2004, p. EU No 20) is included in the version in force, or
2.: For the preservation or maintenance of rare breeds according to Appendix 1

(4) Before deciding on the authorisation referred to in paragraph 3, the competent authority shall send to the Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) for the purpose of forwarding to the Commission a vaccination plan containing the following information:

1.

in the case of a marketing authorisation referred to in paragraph 3,

a): the address, registration number referred to in Article 26 (2) of the Animal Transport Regulation and the location of the zoological garden or similar body in which the vaccination is to be carried out,
b): the number and type of birds to be vaccinated,
c): the number of markings which the birds have to designate as vaccinated,
d): vaccine and vaccination scheme of vaccinations,
e): Schedule of protective vaccination,
f): the reasons for the vaccination;

2.

in the case of a marketing authorisation referred to in paragraph 3,

a): presentation of the area in which the protective vaccination is to be carried out,
b): the number of all stocks in the area referred to in point (a);
c): Address, registration number in accordance with section 26 (2) of the livestock traffic regulation and the location of the stocks in which the protective vaccination is to be carried out,
d): the number and type of birds to be vaccinated,
e): the number of markings which the birds have to designate as vaccinated,
f): vaccine and vaccination scheme of vaccinations,
g): Schedule of protective vaccination,
h): records intended to carry out the vaccinating vaccination;
i): information on the examinations provided for and the proposed movements of birds after the vaccination has been carried out;
j): Reasons for the vaccinating vaccination.

Unofficial table of contents

§ 9 Implementation of the protective vaccination

(1) vaccinations shall be carried out in such a way that:

1.: a spread of the highly pathogenic or low pathogenic avian influenza virus is prevented and,
2.: in the case of Section 8 (3) (2), all birds of the respective posture shall be vaccinated.

Vaccination may only be carried out with a vaccine which allows to distinguish vaccinated and infected birds from vaccinated and non-infected birds. (2) The holder of an authorisation shall immediately after the implementation of the Protective vaccination

1.: clearly identify the birds that have been vaccinated, and
2.: to keep records of the protective vaccinations.

The records referred to in point 2 of the first sentence shall be kept for a period of at least five years and shall be submitted to the competent authority upon request. The period shall begin on the expiry of the last day of the calendar month in which the protective vaccination has been terminated. Unofficial table of contents

§ 10 Investigations in the case of protective vaccination

(1) The holder of an authorisation pursuant to Section 8 (3) (1) shall have the examination carried out in accordance with the authorisation. The competent authority shall base its approval on the vaccination programme to which the Commission has given its consent. (2) The holder of a permit referred to in Article 8 (3) (2) shall have the following information:

1.: to be tested serologically for antibodies of the highly pathogenic or low pathogenic avian influenza virus, at least 10 of the hundred of the birds of the stock to be vaccinated, immediately before the protective vaccination,
2.: for the first 30 days following the vaccination, to have a weekly clinical veterinary examination carried out and, in the case of the presence of clinically conspicuous birds, to have them immediately examined virologically,
3.: have, at the earliest 30 days after vaccination, re-serological examination of those birds which have been examined in accordance with point 1.

(3) The competent authority may carry out further serological or virological studies for the detection of the highly pathogenic or low pathogenic avian influenza virus in a vaccinated herd, in which birds are used for the conservation of animals or for the preservation of rare diseases. (4) The holder of a permit shall keep records of the investigations carried out in accordance with paragraph 2. The records referred to in the first sentence shall be kept for a period of at least five years and shall be submitted to the competent authority upon request. The period shall begin on the expiry of the last day of the calendar month in which the results of the investigations have been communicated to it in writing. Unofficial table of contents

§ 11 Rules governing the movement of vaccinated birds

(1) In the period from the beginning of the protective vaccination to the termination of the investigations pursuant to § 10 (1) sentence 1 or 2 (2)

1.: for the introduction of birds from a zoological garden or similar establishment, the measures of authorisation shall apply,
2.: Birds which are kept for the conservation of animals or for the conservation of rare breeds according to Appendix 1 may not be removed from the herd.

The competent authority may authorise derogations from the first subparagraph of point 2 for the movement of birds to another herd, provided that the birds are virologically virologically at least three days before they are brought to highly pathogenic or non-pathogenic animals. low pathogenic avian influenza virus has been studied. Article 10 (1), second sentence, applies. (2) The setting up of vaccinated birds at a poultry exhibition or an event of a similar nature or a poultry market or an event of a similar nature shall be prohibited. The competent authority may, on expiry of a period of 30 days after the end of the investigations pursuant to Section 10 (2) (3), authorise derogations from the first sentence, to the extent that it is ensured that:

1.

the vaccinated poultry

a): virological, three days before the event,
b): clinically veterinarian before the event

has been studied with negative results on highly pathogenic or low pathogenic avian influenza virus,

2.

the event is carried out in enclosed spaces and

3.

the vaccinated poultry is kept separate from non-vaccinated poultry.

The virological examination referred to in the second subparagraph of point 1 (a) shall be demonstrated to the organiser by the keeper of the keeper by presenting the findings of the investigation. The findings of the investigation shall be submitted to the competent authority upon request. Unofficial table of contents

§ 12 Measurement rules for the detection of avian influenza or low pathogenic avian influenza in vaccinated birds

In the case of a vaccinated bird, after a virological examination according to § 10 (1) sentence 1 or 2 (2)

1.: highly pathogenic avian influenza virus or
2.: low pathogenic avian influenza virus of subtypes H5 or H7

In the case of point 1, the measures shall be applied in accordance with § § 18 to 33 and § 35 and, in the case of point 2, the measures of the measures according to § § 46 to 51 apply.

Subsection 2
Keeping of poultry

Unofficial table of contents

Section 13 Position of poultry

(1) The competent authority shall assign a lift to the poultry

1.: in closed stables or
2.: under a device which must consist of a projecting, high-density cover, secured against entries, and a side-limit which is secured against the intrusion of wild birds (protection device),

where this is necessary on the basis of a risk assessment in accordance with paragraph 2, in order to avoid the introduction or disappearance of avian influenza by wild birds. (2) The risk assessment referred to in paragraph 1 shall be based on the following:

1.: local conditions, including the proximity of the stock to an area in which wild birds and aquatic birds gather, in particular a wetland, a lake, a river or a coastal water where the said birds are resting; or broth,
2.: the other occurrence or behaviour of wild birds, or
3.: the suspicion of avian influenza or the outbreak of avian influenza in a circle which is adjacent to a circle in which an order is to be made in accordance with paragraph 1.

The risk assessment may be based on further facts to the extent that this is necessary for an adequate assessment of the hazard situation. (3) The competent authority may authorise exemptions from paragraph 1, where:

1.: is not possible because of the existing posture conditions,
2.: ensuring that the contact with wild birds is effectively prevented in other ways, and
3.: are not contrary to other animal disease control issues.

(4) Where an authorisation has been granted in accordance with paragraph 3, ducks and geese shall be kept separate from any other poultry. In this case, the keeper of ducks and geese has to ensure that the animals are examined virologically on a quarterly basis for highly pathogenic avian influenza virus. In place of the examination referred to in the second sentence, the keeper may, by way of derogation from the first sentence, keep the ducks and geese together with chickens or turkeys, in accordance with the conditions laid down in sentences 4 and 5, provided that the chickens or turkeys are used for the purpose of draping or draping the Fowl plague in the stock to be recognized early. In this case, the number of chickens or turkeys provided for in Appendix 2 to column 2 must be kept. In addition, in the cases of sentence 3, the keeper has

1.: to examine, in a virological examination of highly pathogenic avian influenza virus, any completed piece of poultry in an investigative body designated by the competent authority,
2.: by way of derogation from § 2 (2), first sentence, and 2 (3) and (4) and (6), the measures referred to therein shall be carried out irrespective of the size of the poultry population.

(5) The studies referred to in the second sentence of paragraph 4 shall be carried out on samples of 60 animals per stock in a test facility designated by the competent authority. The samples can be taken by means of a combined rake and knock-off copper. If less than 60 ducks and geese are kept, the animals present shall be examined. (6) The keeper shall immediately inform the competent authority of the result of a virological examination as referred to in the second sentence of paragraph 4 or in paragraph 5, point 1. It shall also keep the result of the investigation for at least one year. The period shall begin with the expiry of the calendar month in which the result of the investigation has been notified to it in writing. (7) For the common position of ducks and geese with chickens and turkeys referred to in the third sentence of paragraph 4, Article 7 (3) shall apply mutagentily. Unofficial table of contents

§ 14 Further investigations

(1) The competent authority may order a poultry holder to:

1.: Investigations must be carried out in a shorter time than the examination distance referred to in Article 13 (4), second sentence,
2.: in the cases of § 13 (4) sentence 3 poultry to the highly pathogenic avian influenza virus must be examined virologically,
3.: to have the poultry examined serologically for antibodies against the highly pathogenic or low pathogenic avian influenza virus, and to inform the competent authority of the outcome of the investigation,
4.: has to examine cats and pigs held by him,

as far as this is necessary for the detection of the introduction or disappearance of the highly pathogenic or low pathogenic avian influenza virus. In the case of an arrangement according to the first sentence of point 3, the tests shall be carried out on samples of 15 animals per herd. If less than 15 animals are kept, the animals present shall be examined. (2) The poultry keeper shall immediately inform the competent authority of any evidence of the highly pathogenic or low pathogenic avian influenza virus. In addition, it shall keep the results of the investigations referred to in paragraph 1 for at least one year and shall submit it to the competent authority upon request. The period shall begin on the expiry of the last day of the calendar month in which the results of the investigations have been communicated to it in writing.

Subsection 3
Protection measures for avian influenza

Part 1
Before official determination

Unofficial table of contents

Section 15 Mind

(1) In the event of a suspicion of avian influenza in a bird kept in a poultry or other bird holding (stock of suspicion), the competent authority shall, in relation to the suspicion concerned, arrange for measures to be taken in accordance with the conditions laid down in Chapter IV, point 8.1 of the Annex to Commission Decision 2006 /437/EC of 4 August 2006 on the approval of a manual for the diagnosis of avian influenza in accordance with Council Directive 2005 /94/EC (OJ L 327, 30.4.2006, p. EU No 1) in the version in force. Where there is evidence of an outbreak of avian influenza on the basis of an investigation pursuant to point 8.1 (b) of Chapter IV of the Annex to Decision 2006/437/EC,

1.: the competent authority shall arrange for the killing and destruction of the held birds of the suspicion, and
2.: carry out epidemiological investigations.

These investigations shall cover:

1.: the period during which the highly pathogenic avian influenza virus may have already been present in the suspected existence before the suspicion has been indicated,
2.: the possible entry source of avian influenza,
3.: the identification of other stocks from which held birds have been placed in or out of the stock of herds,
4.: Persons, vehicles, meat, eggs, animal by-products, animal feedingstuffs and any other objects with which the highly pathogenic avian influenza virus may have been displaced into or out of the existing herd.

The competent authority may depart from the order provided for in the second sentence of the second sentence of the second paragraph, in so far as the animal disease control concerns do not conflict with it. In this case, the competent authority shall order the holding of the suspicion. (2) Until the announcement of the order referred to in the first sentence of paragraph 1, the keeper of the suspicion of avian influenza in the case of the suspicion of avian influenza shall be issued.

1.

the number of birds kept by species and breed, as well as kept mammals, or, in the event that more than 350 birds are kept according to the species and race, the number of birds held by species and breed, and the result of the species the census or estimation of records,

2.

all kept birds of the stock

a): in closed stables or
b): under a protective device

3.

daily records of

a): the visits by non-operating persons, indicating the name, address and date of visit,
b): already diseased, abandoned and infected birds, separated by type and breed,

to make,

4.

keep birds kept or killed in such a way that they are not exposed to weather conditions, and that humans or animals cannot come into contact with them,

5.

to obtain the approval of the competent authority for the movement of deceased or slaughtered birds from the stock;

6.

to lay out mats or other absorbent floor coveralls at the entrants and exits of the stables or other locations and to impregnate them with an effective disinfectant and to keep them moist,

7.

to ensure that

a): the respective stall or other location is only entered by him, his representative, the persons responsible for supervision and supervision, veterinarians or persons on the official contract and only with protective clothing, and shall immediately after Leave the stalls or other location, be cleaned and disinfected or, in the case of disposable clothing, be destroyed immediately after use,
b): Footwear is cleaned and disinfected before entering and leaving the stock, and after leaving a stable or other location,
c): the birds kept and the mammals kept are not brought into or out of the herd,

8.

to ensure that

a): meat and eggs of kept birds,
b): feedingstuffs, litter and Dung,
c): other objects and wastes which may transmit the highly pathogenic avian influenza virus,

will not be taken out of stock.

The authorization referred to in point 5 of the first sentence may be granted by the competent authority only for diagnostic purposes or for destruction. (3) The notification of the order referred to in the first sentence of paragraph 1 shall apply to the suspitiy of paragraph 2 as well as to the in addition,

1.: Vehicles may be moved into or out of the stock only with the approval of the competent authority,
2.: to clean and disinfect vehicles and containers prior to leaving the stock following a detailed instruction from the competent authority;

(4) The competent authority may, in so far as it is necessary for reasons of animal disease control, order that there should be a suspected existence of

1.

cleaning and disinfection

a): the stables and other sites where birds have been kept, and their immediate vicinity,
b): the furnishings and equipment which may have come into contact with the birds kept,
c): of the vehicles with which birds killed or died have been transported,

in accordance with Annex VI to Council Directive 2005 /94/EC of 20 December 2005 laying down Community measures for the control of avian influenza and repealing Directive 92 /40/EEC (OJ L 327, 30.12.2005, p. OJ L 10, 14.1.2006, p.16),

1a.

after the killing and destruction of the poultry or slaughter, re-occupation with birds at the earliest 21 days after the end of cleansing and disinfection as referred to in point 1 (a) and the removal thereof by the competent authority may be carried out,

2.

a deforestation of the stables and other sites and their immediate environment is carried out.

(5) The competent authority may, to the extent that animal disease control concerns do not preclude, on the basis of a risk assessment carried out by the competent authority, derogations

1.: referred to in paragraph 2, first sentence, point 2, also in conjunction with paragraph 3, in so far as it is not possible to supersede the existing farming conditions and to ensure that the contact with wild birds is effectively prevented in other ways ,
2.: , point 7 (a) and (b) of the second sentence of paragraph 2, including in conjunction with paragraph 3, in so far as it is an attitude, in the birds of other species or birds held in captivity, for the preservation or maintenance of rare breeds, Annex 1 shall be kept,
3.: Point 7 (c) of the first sentence of paragraph 2, including in conjunction with paragraph 3, with regard to mammals held, to the extent that it is ensured that the mammals have not come into contact with birds kept in the herd,
4.: of paragraph 2, first sentence, point 8, also in conjunction with paragraph 3.

Section 13 (2) shall apply to the risk assessment referred to in the first sentence of sentence 1. (6) It may also, in so far as concerns the control of animal diseases, not preclude derogations from paragraph 2, first sentence, point 8 (a), also in conjunction with paragraph 3, for the placing on the market. approving of eggs

1.: directly to a processing plant for egg products referred to in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for foodstuffs of animal origin Origin (OJ EU No 55, No L 139, p. 22), as amended, to the extent that the eggs there are in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 327, 30.4.2004, p. EU No L 139 p. 1, No 3) should be dealt with in the current version,
2.: for the destruction.

A permit referred to in the first subparagraph of point 1 may be granted only in the light of the requirements of Annex III to Directive 2005 /94/EC. Unofficial table of contents

§ 16 Order for further stocks

The competent authority may, in so far as it is necessary for reasons of animal disease control, order further stocks of measures according to § 15, in particular where the stocks are due to their location, construction or operational structure. it cannot be ruled out, or if held birds have been recruitated from a suspected herd. Unofficial table of contents

Section 17 Monitoring zone

(1) Where the competent authority has taken an order pursuant to Article 15 (1), first sentence, it may, in addition to the extent necessary for the purposes of animal disease control, for a period not exceeding 72 hours,

1.

in order to establish a surveillance zone for the existence of the suspitias, and order, for the stocks situated within the surveillance zone, measures in accordance with the first sentence of Article 15 (2) and (4),

2.

order that

a): birds and eggs which can be removed from the highly pathogenic avian influenza virus must not be taken from the surveillance zone,
b): certain infrastructures in the surveillance zone for the transport of birds kept, products or animal by-products derived from poultry are blocked by poultry.

In so far as an order has been issued in accordance with the first sentence of the first sentence, the second sentence of Article 15 (2), (3), (5) and (6) shall apply. (2) The protection measures referred to in paragraph 1 shall also be necessary for the control of the animal disease if:

1.: the stock is situated in an area with a radius of 1 000 metres around this stock, in which at least 20 000 poultry, calculated on the square kilometre and without the stock concerned, are located, or in an area with a radius of 3 000 metres is situated around this stock, in which at least 6 500 pieces of poultry are located, calculated on the square kilometre and without the stock concerned,
2.: Delays in the notification of suspicion or insufficient information on the possible causes of suspicion or transmission routes of the highly pathogenic avian influenza virus are available.

Part 2
After official determination

Unofficial table of contents

Section 18 Public Notice

The competent authority shall make public the outbreak of avian influenza and the date of its presumed introduction into the poultry population concerned or the other bird holding (disease stock) concerned. Unofficial table of contents

Section 19 Protection measures for the disease population

(1) Where avian influenza is officially established in the case of a bird kept, the competent authority shall, in relation to the stock of diseases, provide:

1.

the immediate killing and destruction of the birds which have not already been killed and destroyed in accordance with Article 15 (1), second sentence, point 1;

2.

the destruction of

a): meat of poultry and eggs, in so far as these products have been obtained in the period from the suspected introduction of the disease to the herd until their official determination is made,
b): existing animal by-products, feedingstuffs and litter,

3.

cleaning and disinfection

a): the stables and other sites where birds have been kept, and their immediate vicinity,
b): the furnishings and equipment which may have come into contact with the birds kept,
c): of the vehicles with which birds killed or died have been transported,

in accordance with Annex VI to Directive 2005 /94/EC,

3a.

disinfection

a): the code or used litter in accordance with point (a) of Annex VI to Directive 2005 /94/EC,
b): the manure in accordance with point 3 (b) of Annex VI to Directive 2005 /94/EC or its detailed instructions,

4.

deforestation of the stables and other locations and their immediate environment;

5.

the prohibition to exclude mammals, with the exception of pigs, from the herd;

6.

where pigs are also kept in the infected holdings concerned, the measures referred to in Chapter IV, point 8.21 (a) to (c) of the Annex to Decision 2006 /437/EC.

Pigs may only be taken from the stock of the disease in so far as the results of the tests set out in point 6 of the first sentence are available. In another herd, in which poultry or pigs are kept, pigs may be moved from the stock of the disease only to the extent that, in addition to the measures referred to in the first sentence of the first sentence, the tests shall be carried out in accordance with the provisions of Chapter IV, point 8.21. The first subparagraph of point (d) of the Annex to Decision 2006 /437/EC has been carried out, the results of those investigations have been carried out and the competent authority has approved the movement of pigs. Where a pig has been detected by a virological examination in accordance with the first sentence of point 6 or a sentence of 3 highly pathogenic avian influenza virus, pigs from the disease concerned may only be authorised by the competent authority in one of the following cases: their designated slaughterhouse, to the extent that it is ensured that the highly pathogenic avian influenza virus is not disseminated. The competent authority may order the killing and destruction of the swine of the disease in so far as it is necessary for the purpose of combating animal diseases. Section 15 (1), second sentence, point 2, and the third sentence of the third sentence of paragraph 1 shall apply. (2) With the announcement of the order referred to in the first sentence of paragraph 1, the holder of the disease stock shall comply with the measures laid down in Article 15 (2), first sentence, points 1 to 8, as well as

1.: on the entrances and entrances of the stock signs, with the clear and durable inscription "Avian Influenza-Unauthorised access prohibited", to be displayed in a clearly visible way;
2.: in so far as he keeps dogs and cats, to make sure that they don't run around freely.

The competent authority may, in so far as it does not preclude animal disease control concerns, authorise, on the basis of a risk assessment carried out by the competent authority, derogations from the first sentence of paragraph 1 (2) (b) for feedingstuffs, to the extent that: ensuring that the feed is subjected to a treatment which ensures the killing of the contagion. Section 13 (2) shall apply accordingly. The competent authority may also authorise derogations from the first sentence of paragraph 1, point 5, to the extent that it is ensured that the mammals have not come into contact with birds kept in the herd. (4) The competent authority shall carry out studies in accordance with In accordance with point 8.3 of Chapter IV of the Annex to Decision 2006 /437/EC, by means of birds kept in existence in the period from the suspected introduction of the disease to the stock of the disease to its official identification from hatching eggs have been hatched and taken from the stock of epidemets. The competent authority shall also carry out studies on the whereabout of:

1.: Meat of poultry and eggs, provided that such products have been obtained in the period from the suspected introduction of the disease to the stock of the disease to their official determination,
2.: animal by-products and feedingstuffs, which have been brought from the infected herd in the period from the suspected introduction of the disease to the stock of the disease until their official identification.

It shall inform the competent authority of the place where the birds, products or other objects remain in accordance with the provisions of sentences 1 and 2 of this Regulation. It shall arrange for the destruction of birds, products and other objects which have been notified in accordance with the third sentence. Sentence 4 shall not apply to birds which have been tested for avian influenza after having been brought in accordance with the first sentence of sentence 1. Unofficial table of contents

§ 20 Protection measures in special institutions

The competent authority may, subject to paragraph 2, in the case of avian influenza in a zoological garden or similar facility, a circus, a zootechnical business, a posture, in the captive birds of other species, may: Birds for the conservation of species or for the conservation of rare breeds according to Appendix 1 or birds for other than for gainful employment purposes, or a scientific establishment exceptions to § 19 (1) sentence 1 (1) and, to the extent that eggs are affected, by Article 19 (1), first sentence, point 2 (a), to the extent that the institution is responsible for: the structure, its scope and its function in relation to the posture, including care, feeding and disposal, so completely separate from other kept birds is that a spread of the highly pathogenic avian influenza virus can be excluded. The first sentence shall apply in the case of suspicion of avian influenza, on the basis that the competent authority may authorise derogations from the second sentence of Article 15 (1) (1). (2) A permit referred to in paragraph 1 may only be granted where it is ensured that: is that

1.

the birds kept

a): are kept in closed stables or under a protective structure,
b): in another domestic or slaughtering stock, where a clinical veterinary examination with a negative result at least weekly has been carried out on avian influenza, the measures taken in accordance with the provisions of the chapter IV, point 8.4 of the Annex to Decision 2006 /437/EC, and the virological examinations prescribed there are carried out in a facility designated by the competent authority,

2.

Eggs are brought directly into a processing plant for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, and the eggs are treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 .

The first subparagraph of point 1 (b) shall apply to the movement to another Member State in so far as the competent authority of the place of destination has consented to the movement. (3) The competent authority may, in so far as it is able to identify the If the highly pathogenic avian influenza virus has been drained or spilled, order that:

1.: the birds held are to be examined serologically for antibodies against the highly pathogenic avian influenza virus and the outcome of the investigation must be reported to the competent authority,
2.: to examine other animals of an existing stock.

In the case of an arrangement in accordance with the first sentence of the first subparagraph, the tests shall be carried out on samples of 15 birds per herd. If less than 15 birds are kept, the birds in each case shall be examined. (4) The bodies referred to in paragraph 1 shall inform the competent authority of the conditions and arrangements which shall be the basis for a marketing authorisation referred to in paragraph 1. , no later than three months after the establishment of the facility. Any changes to the conditions or arrangements shall be notified without delay to the competent authority. For bodies which are subject to the conditions and arrangements as the basis for a permit pursuant to Article 9 (3), first sentence, of the German Poultry Pest Protection Ordinance of 10 August 2006 (eBAnz AT41 2006 V1), as amended by Article 1 of the Regulation of 24 November 2006 (BGBl. 2663), which have already been notified of the date of entry into force of this Regulation, the second sentence shall apply. (5) For the purposes of the communication to the Commission, the competent authority shall notify the Federal Ministry of a decision referred to in paragraph 1. Exception approval. Unofficial table of contents

§ 21 Protection of protective measures in relation to the restricted district

(1) Where avian influenza is officially established in the case of a bird kept, the competent authority shall establish an area around the infected population with a radius of at least three kilometres as a restricted area. It shall take account of the structures of trade and of local conditions, natural borders, epidemiological findings, ecological conditions, monitoring possibilities and the presence of slaughterhouses in the area of territorial determination. and processing plants for Category 1 and Category 2 material as referred to in Article 24 (1) (a) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 June 2009, of the European Parliament and of the Council Adopted on 13 October 2009 laying down the health rules for animal by-products not intended for human consumption, and repealing Regulation (EC) No 1774/2002 (OJ L 327, 31.12.2002, p. 1), as amended. (2) Those who hold poultry in the restricted district shall keep the poultry in closed stables or under a protective structure. The competent authority may authorise derogations from the first sentence, to the extent that:

1.: is not possible because of the existing posture conditions,
2.: ensuring that the contact with wild birds is effectively prevented in other ways, and
3.: are not contrary to other animal disease control issues.

By way of derogation from paragraph 1, the competent authority may, on the basis of a risk assessment carried out by the competent authority, depart from the establishment of a restricted area, where:

1.: Avian influenza in a bird held in a zoological garden or in a similar body, a circus, a pet shop, a posture, in captive birds of other species, birds to maintain or to maintain rare breeds as defined in Appendix 1 or birds other than for gainful employment, or has been officially established by a scientific body; and
2.: It does not conflict with animal disease control.

Section 13 (2) shall apply. (4) The competent authority shall:

1.

bring signs with the clear and durable inscription "Avian Influenza" on the main access routes to the barrier district with the clear and durable inscription, "Avian Influenza",

2.

in the holdings located in the restricted area where birds are held for employment purposes,

a): Studies on the fate of birds kept, meat from poultry, eggs, animal by-products and feedingstuffs, and
b): the measures taken in accordance with Chapter IV, point 8.6 of the Annex to Decision 2006 /437/EC

through

3.

may order serological or virological examinations for the stocks located in the restricted area,

4.

may, in the light of Annex IV to Directive 2005 /94/EC, order the killing and destruction of birds held in the restricted area, in so far as this is due to animal disease control, in particular for the immediate removal of such birds Infectious agent, is required.

In the case of an order in accordance with the first sentence of paragraph 4, section 20 shall apply accordingly For the purposes of the communication to the Commission, the competent authority shall inform the Federal Ministry of the measures taken in accordance with the first sentence of the first sentence of paragraph 4. (5) With the announcement of the establishment of the restricted district, animal owners shall have the responsibility of the competent authority. the number of

1.: of the birds kept, indicating their type of use and their location, and
2.: of the forged birds

and any change. (6) In addition, subject to § § 22 to 25, the following shall apply to the restricted district:

1.: Birds, mammals, fowl and feather meat, eggs and other products and animal by-products derived from poultry and feathered game shall not be allowed to enter into or out of a herd, animal feedingstuffs may not be made from a stock shall be spent;
2.: § 6 shall apply irrespective of the size of a stock or other birds ' holding;
3.: the carriage of fresh meat from poultry from a slaughterhouse, a carriage or a cold store is prohibited;
4.: Birds kept for the increase of the wild voyage are not allowed to be released;
5.: on public or private roads or on paths other than in operational ways, birds, eggs or animal-cared birds may not be transported;
6.: the execution of poultry exhibitions, poultry markets or similar events is prohibited;
7.: Transport vehicles and containers with which kept birds, fresh meat from poultry, animal by-products of poultry, feedingstuffs and other materials which may be carriers of the highly pathogenic avian influenza virus have been transported , as well as vehicles with which a stock of birds have been kept, shall be cleaned and disinfected immediately after each transport operation following the instructions of the competent authority.

Sentence 1 (3) shall not apply where:

1.: the fresh meat is obtained from poultry outside the restricted area and has been stored and transported separately from fresh meat obtained from poultry which has been obtained in the restricted area; or
2.: the fresh meat of poultry before the 21. Day of suspected introduction of the highly pathogenic avian influenza virus into the infected population and stored and transported separately from fresh meat which has been obtained after that date.

Furthermore, the first subparagraph of point 5 shall not apply to the carriage of through-traffic on national highways or rail links, provided that the vehicle does not stop and poultry or fresh meat from poultry is not unloaded. Unofficial table of contents

Section 22 Exceptions to the restricted district rules for held birds

(1) The competent authority may authorise exemptions from Article 21 (6), first sentence, point 1, for the movement of poultry, with the exception of one-day chicks, directly to slaughter in a slaughterhouse designated by the competent authority, to the extent that:

1.

the competent authority has carried out a clinical examination of poultry with a negative result on avian influenza within 24 hours before dispatch for slaughter; and

2.

ensuring that

a): the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry of the slaughtering carried out without delay,
b): the poultry is transported in a sealed transport vehicle,
c): the poultry is slaughtered at the end of the slaughter day and the items used for slaughter are then immediately cleaned and disinfected,
d): the official veterinarian carries out ante-mortem and post-mortem inspection,
e): the fresh meat with a health mark referred to in Annex II to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health conditions governing the production, processing, distribution and import of animal health conditions of foodstuffs of animal origin (OJ C 327 EC 2003 No 11), as amended, and the fresh meat is not brought within the Community or in third countries; and
f): the fresh meat is obtained, prepared, stored and transported separately from fresh meat intended for other Member States or third countries, and is not used for meat preparations intended for other Member States, or Third countries shall be designated unless fresh meat has been treated in accordance with Annex III to Directive 2002 /99/EC.

The competent authority may order that investigations into the poultry intended for slaughter must be carried out in accordance with the conditions laid down in Chapter IV, point 8.8 (c) of the Annex to Decision 2006 /437/EC, in so far as this is done on the grounds of: Animal disease control is required.

(2) The competent authority may also grant exemptions from Article 21 (6), first sentence, point 1, for the movement of poultry, with the exception of one-day chicks, from outside the restricted district to a slaughterhouse designated by the competent authority in the Restricted district, to the extent that it is ensured that:

1.: the fresh meat obtained is transported immediately to the outside of the restricted area;
2.: the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry of the slaughtering carried out without delay,
3.: which is kept and slaughtered separately from poultry from the restricted area, from outside the restricted area,
4.: the fresh meat is processed, stored and transported separately from fresh meat from poultry from the restricted area; and
5.: the animal by-products of the poultry slaughtered in accordance with point 3 are immediately destroyed.

(3) The competent authority may authorise exemptions from section 21 (6), first sentence, point 1, for the provision of laying hens from a stock in the restricted district to a domestic stock, to the extent that:

1.

the laying hens of the herd have been examined by the competent authority with negative results on avian influenza,

2.

the measures have been carried out in accordance with the provisions of Chapter IV, point 8.9 of the Annex to Decision 2006 /437/EC, and

3.

ensuring that

a): the laying hens are carried in a transport vehicle sealed by the competent authority;
b): the herd of destination is officially monitored; and
c): the laying hens shall remain in this herd for at least 21 days in the event that the destination is situated outside the restricted area or observation area.

(4) The competent authority may authorise exemptions from section 21 (6), first sentence, point 1, for the introduction of one-day chicks from a stock in the restricted district to a domestic stock, to the extent that it is ensured that:

1.: the one-day chicks are carried in a transport vehicle sealed by the competent authority,
2.: the herd of destination is officially monitored; and
3.: the one-day chicks shall remain in the herd for at least 21 days in the event that the destination is situated outside the restricted area or observation area.

5. The competent authority may also authorise exemptions from the first sentence of Article 21 (6), first sentence, for the movement of one-day chicks hatched from hatching eggs originating from outside the restricted district into a domestic stock, to the extent that: (6) The competent authority may also provide for exceptions to § 21 (6) of the German Federal Government. Sentence 1 (1) for the movement of birds of other species or mammals held in captivity , to the extent that it is ensured that these birds or mammals have not come into contact with poultry kept in the herd. Unofficial table of contents

Section 23 Exceptions to the restricted district rules for hatching eggs and consumerist eggs

(1) The competent authority may authorise exemptions from section 21 (6), first sentence, point 1 for the movement of hatching eggs.

1.

from a domestic stock to a brethren designated by the competent authority, or a scientific or pharmaceutical facility in the restricted area,

2.

from a stock in the restricted district to a domestic hatchery designated by the competent authority, to the extent that:

a)

in the parent animal herd from which the hatching eggs come from, the measures have been carried out in accordance with the provisions of Chapter IV, point 8.10 of the Annex to Decision 2006 /437/EC, and

b)

ensuring that

aa): the hatching eggs and their packaging shall be disinfected prior to transport,
bb): the traceability of hatching eggs is guaranteed,
cc): the hatching eggs are carried in a transport vehicle sealed by the competent authority, and
dd): the hatchery is officially monitored.

(2) The competent authority may authorise exemptions from Article 21 (6), first sentence, point 1, for the placing of consumer eggs, provided that it is ensured that the consumer eggs

1.: be transported to a packing centre designated by the competent authority and packed there in one-way packaging,
2.: they are brought into a processing plant for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, where they are treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004, or
3.: to be processed into a processing plant for Category 1 or Category 2 material in accordance with Article 24 (1) (a) of Regulation (EC) No 1069/2009.

Unofficial table of contents

Section 24 Exceptions to the restricted district rules for meat of poultry and feather game

(1) The competent authority may grant exemptions from the first sentence of Article 21 (6), first sentence, for the movement of fresh meat from poultry and feathered game, and from minced meat, mechanically recovered meat, meat preparations and meat prepared from that meat; and Meat products, where the meat, minced meat, mechanically separated meat, meat preparations or meat products have a health mark in accordance with the conditions laid down in Annex II to Directive 2002/99/EC or after Article 4 of Commission Regulation (EC) No 2076/2005 of 5 December 2005 To lay down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 327, 30.11.2004, p. EU No (2) The competent authority may also authorise exemptions from the first sentence of Article 21 (6) of the first subparagraph of Article 21 (1) for the movement of

1.: fresh meat of poultry obtained outside the restricted area and processed in the restricted area in accordance with section II of Annex III to Regulation (EC) No 853/2004 and in accordance with the conditions laid down in Chapter V of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific procedural rules for the official control of products of animal origin intended for human consumption (OJ L 327, 30.4.2004, p. EU No L 139 p. 206, No 83), as amended, has been examined in the current version,
2.: Fresh meat of feathered game, obtained outside the restricted area and processed in the restricted district in accordance with section IV of Annex III to Regulation (EC) No 853/2004 and in accordance with Chapter VIII of Annex I to Regulation (EC) No 854/2004,
3.: meat products from poultry and feather game meat from the restricted area which have been treated in accordance with Table 1 (a), (b) or (c) of Annex III to Directive 2002/99/EC,
4.: Minced meat, mechanically recovered meat, meat preparations and meat products containing, or containing, the meat referred to in point 1 and, in the restricted district, in accordance with Annex III, Section V or VI of Regulation (EC) No 853/2004 has been or has been produced.

Unofficial table of contents

Section 25 Exceptions to the blocking district regulation for animal by-products

By way of derogation from Article 21 (6), first sentence, point 1

1.

animal by-products that meet the requirements

a): Annex IV,
b): In Annex X, Chapter II, Section 1 (B), Section 2 (B), Section 3 (B), Section 5 (B) and (D), Section 6 (B), Section 7 (B), Section 8 (B), Section 9 (B), Section 8 (B),
c): Annex XI, Chapter I, Section 2, and
d): of Annex XIII, Chapter II, points 3 and 4

Commission Regulation (EU) No 142/2011 of 25 February 2011 on the implementation of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules concerning animal husks not intended for human consumption By-products and for the implementation of Council Directive 97 /78/EC as regards certain samples and products exempted from veterinary checks at the border of the Community (OJ L 327, 30.4.1997, p. 1), as amended, to be processed in accordance with the applicable version,

2.

Untreated feathers or parts of feathers originating from poultry or feather wild animals which meet the requirements of Annex XIII, Chapter VII, Part A, point 1 of Regulation (EU) No 142/2011, from the restricted area,

3.

feathers or feathers originating from fowl or feather willow, which have been subjected to a vapour tension or treated after another procedure which ensures the destruction of the highly pathogenic avian influenza virus, from the restricted area,

4.

animal by-products

a): for processing into a processing plant for Category 1 or Category 2 material in accordance with Article 24 (1) (a) of Regulation (EC) No 1069/2009, or
b): in a domestic holding, to the extent that the animal by-products have fallen within the scope of the slaughter referred to in Article 22 (1) or (2),

5.

Manure or litter for treatment in a biogas or composting plant in accordance with Article 24 (1) (g) of Regulation (EC) No 1069/2009

shall be spent. Feathers or parts of the spring as set out in the first sentence of paragraph 2 and feathers or parts of the spring as set out in point 3 of the first sentence shall be accompanied by a commercial document in accordance with Chapter III of Annex VIII to Regulation (EU) No 142/2011, with regard to feathers or feathers or springs or parts of the spring or parts of Parts of the spring as set out in point 3 of the first sentence of paragraph 3 shall indicate that they have been subjected to a vapour tension or have been treated in accordance with another procedure which ensures the destruction of pathogens. Sentence 2 shall not apply to treated ornamentals, treated feathers carried by travellers for their own use in personal luggage, or treated feathers intended for non-commercial purposes by private individuals. Unofficial table of contents

Section 26 Cleaning and disinfection of transport vehicles

transport vehicles with which

1.: referred to in Article 22 (1) (1) (2) (b), (3) (3) (a) or (4) (1) or (Bruteier) pursuant to Article 23 (1) (2) (b) (cc), which has been or are being transported,
2.: Meat of poultry and feather game and minced meat produced from this meat, mechanically recovered meat, meat preparations or meat products according to § 24 (1) or fresh meat in accordance with § 24 (2) (1) or animal by-products has been or has been spent in accordance with § 25, sentence 1,

shall be cleaned or disinfected immediately after each transport operation following the instructions of the competent authority. Unofficial table of contents

§ 27 Protection measures in relation to the observation area

(1) Where avian influenza is officially detected in the case of a bird kept, the competent authority shall establish an area of observation for the restricted area surrounding the infected population. The second sentence of Article 21 (1) shall apply accordingly. The radius of the restricted area and the area of observation together is at least 10 kilometres. (2) The competent authority brings signs with the clear and durable inscription " Avian Influenza-on the main access routes to the observation area (3) § 21 (2), (3), (4) (2) (a), (3) and (4) and (5) shall apply. (4) In addition, subject to § § 28 and 29, the following shall apply to the observation area:

1.: Birds kept, fresh meat from poultry and feather game, eggs and other products derived from poultry and wild game birds, as well as animal by-products of poultry, may not be brought into or out of stock;
2.: Section 6 (2) and (3) shall apply irrespective of the size of a stock or other birds ' holding;
3.: Birds kept for the increase of the wild voyage are not allowed to be released;
4.: the execution of poultry exhibitions, poultry markets or similar events is prohibited;
5.: Transport vehicles and containers with which kept birds, fresh meat of poultry, animal by-products of poultry, animal feedingstuffs or other materials which may be carriers of the highly pathogenic avian influenza virus have been transported , as well as vehicles with which a stock of birds have been kept, shall be cleaned and disinfected immediately after each transport operation following the instructions of the competent authority.

Unofficial table of contents

Section 28 Exceptions to the observation area scheme

(1) The competent authority may authorise exemptions from Article 27 (4) (1) for the movement of poultry from outside the observation area directly to slaughter into a slaughterhouse designated by the competent authority in the (2) The competent authority may also authorise exemptions from Article 27 (4) (1) for the transfer of the fresh meat from the observation area. from

1.

Poultry, where:

a)

the poultry has been inspected by the competent authority for slaughter within 24 hours prior to dispatch for slaughter, with a negative result on avian influenza,

b)

ensuring that

aa): the poultry is transferred to a slaughterhouse in the area of observation or to a slaughterhouse outside the observation area designated by the competent authority; and
bb): the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry of the slaughtering carried out without delay,

2.

Laying hens, where it is ensured that laying hens are brought into a domestic stock in which no other poultry is held and

a): the herd of destination is officially monitored; and
b): the laying hens shall remain in this herd for at least 21 days in the event of the destination being located outside the restricted area or area of observation;

3.

Day-to-day chicks, to the extent that the day-care chicks are

a): from a herd in the observation area to a domestic stock, the herd of destination is officially monitored and the one-day chicks in the event of the destination outside the restricted area or the observation area shall remain in the herd for at least 21 days, or
b): are hatched from hatching eggs originating from outside the restricted area or the observation area, and the day-day chicks or hatching eggs have not come into contact with one-day chicks or hatching eggs from the restricted area or the observation area,

4.

birds of other species kept in captivity, to the extent that it is ensured that these birds do not come into contact with poultry kept in the herd.

Unofficial table of contents

Section 29 Other exceptions to the observation area scheme

(1) The competent authority may authorise exemptions from Article 27 (4) (1) for the provision of:

1.

Hatching eggs, to the extent that it is ensured that the hatching eggs

a): be brought within the observation area under official supervision and into a domestic breeder designated by the competent authority,
b): are disinfected prior to the application; and
c): the traceability of hatching eggs is guaranteed,

2.

consumption eggs, to the extent that it is ensured that the consumer

a): be transported to a packing centre designated by the competent authority and packed there in one-way packaging,
b): they are brought into a processing plant for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, where they are treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004, or
c): will be destroyed.

(2) The competent authority may also authorise exemptions from Article 27 (4) (1) for the introduction of hatching eggs into a scientific or pharmaceutical facility. (3) For the introduction of fresh meat from poultry and feathered wild animals, and the minced meat produced from this meat, mechanically recovered meat, meat preparations and meat products shall be subject to § 24, for the delivery of animal by-products, § 25. Unofficial table of contents

§ 30 Protection measures in relation to the control zone

(1) Where avian influenza is officially detected in the case of a bird kept, the competent authority may, in addition to the restricted area and the area of observation, a control zone for the disease population with a total radius of not more than 13 kilometres. , in so far as this is necessary for the control of animal diseases. The second sentence of Article 21 (1) shall apply accordingly. By way of derogation from the first sentence, the competent authority may, having regard to the second sentence of Article 21 (1), extend the control zone to certain areas outside the radius of 13 kilometres, to the extent that:

1.: , for reasons of animal disease control, or
2.: on the implementation of acts of the European Community or of the European Union in the field of animal disease control

(2) In the case of the establishment of a control zone

1.

, the competent authority shall, at the main access routes to the control zone, clearly show signs bearing the clear and durable inscription "Avian Influenza control zone";

2.

the competent authority may be responsible for the birds held in the control zone

a): serological or virological studies, or
b): , taking into account Annex IV of Directive 2005 /94/EC,

, in so far as this is necessary for reasons of animal disease control, in particular for the immediate disposal of an infectious agent.

(2a) § 21 (2) shall apply. (3) In the case of the establishment of a control zone, the duration of

1.

15 days after the fixing of the birds, with the exception of one-day chicks,

2.

30 days after determination

a): One-day chicks and hatching eggs,
b): birds of other species held in captivity, and
c): Fresh meat of poultry and feather game as well as animal by-products of poultry

from a stock not being spent. In the control zone, it shall also be possible to determine the duration of 30 days after the date of their determination

1.: held birds and hatching eggs, and
2.: Fresh meat of poultry and feathered game as well as animal by-products

are not brought into a poultry or other bird holding. Sentence 2 shall not apply to hatching eggs, fresh meat of poultry or feathered game or animal by-products obtained outside a restricted area pursuant to Article 21 (1), an observation area pursuant to Article 27 (1) or a control zone referred to in paragraph 1. or have been or have not been in any of these territories at any time. (4) If there is a herd or other bird holding both in a restricted area pursuant to section 21 (1), in an observation area according to § 27 (1) or in a zone of control referred to in paragraph 1, and in a restricted area or in a zone of control The observational area referred to in § 55 (1) or (3) shall be subject to the stricter protection rules. Unofficial table of contents

Section 31 Exceptions to the control zone regime

(1) The competent authority may authorise exemptions from the first sentence of Article 30 (3), first sentence, point 1 or second sentence, point 1, for the introduction of kept birds, with the exception of one-day chicks;

1.: from a stock in the control zone directly for slaughter into a slaughterhouse designated by the competent authority,
2.: from a stock in the control zone to a domestic stock which is officially monitored, and to the extent that it is ensured that the birds held remain in the herd for at least 21 days,
3.: from outside the control zone, directly to slaughter in a slaughterhouse designated by the competent authority,
4.: from outside the control zone for the recovery of a poultry population.

(2) The competent authority may grant exemptions from Article 30 (3), first sentence, point 2 (a) or 2 (1), for the introduction of one-day chicks from a hatchery.

1.: in the control zone, into an officially monitored domestic stock,
2.: in the control zone, to the extent that it is ensured that the one-day chicks are hatched from hatching eggs produced in a herd in which serological sampling of the poultry has been carried out in order to carry out The probability of 95 of the hundred and an assumed rate of 5 animals infected by the hundred avian influenza,
3.: in the control zone, to the extent that it is ensured that the hatching eggs come from outside the restricted area, the observation area or the control zone and that the hatching eggs have been transported in disinfected containers,
4.: from outside the control zone for the recovery of a poultry population.

(3) In the cases referred to in points 2 and 3 of paragraph 2, the health certificate shall be issued in accordance with the model 1 of Annex IV to Council Directive 90 /539/EEC of 15 December 1991, October 1990 on the animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs (OJ L 327, 31.12.1990, p. EC No 6), as amended, which accompanies the consignments of one-day chicks when they are brought to other Member States: 'The programme complies with the hygiene rules laid down in Commission Decision 2006 /415/EC.' Unofficial table of contents

Section 32 Other exceptions to the control zone regime

(1) The competent authority may authorise exemptions from Article 30 (3), first sentence, point 2 (a), for the movement of hatching eggs from a stock in the control zone to a hatchery

1.

within the country or

2.

in a Member State or in a third country where:

a): the competent authority of the Member State or of the third country has agreed; or
b): the hatching eggs have been produced in a herd in which serological sampling of the poultry has been carried out, with a probability of 95 of the hundred and an assumed rate of 5 of the hundred of avian influenza infected animals, and the traceability of hatching eggs is ensured.

(2) In the cases referred to in paragraph 1 (2), the health certificate referred to in model 1 of Annex IV to Directive 90 /539/EEC, which accompanies the consignments of hatching eggs when they are brought to other Member States, shall contain the following words: " The dispatch complies with the hygiene regulations of Commission Decision 2006 /415/EC. " (3) For the placing of fresh meat from poultry and feather game, § 24 applies, for the delivery of animal by-products § 25 accordingly. Unofficial table of contents

Section 32a Protection measures for areas with high density of poultry

Where avian influenza is officially detected in the case of a bird kept, the competent authority may, in accordance with the provisions of sentences 2 and 3, arrange for poultry or other bird holdings to be kept within a particular area of observation or an observation area, or Zone immediately adjacent to the control zone with a total radius of not more than 25 kilometres for the stock of the disease at the earliest 30 days after the poultry has been removed from the respective herd or birds ' holdings shall be allowed. The order may only be made,

1.: for an area in which at least 500 pieces of poultry per square kilometre are held, and
2.: in so far as a risk assessment carried out by the competent authority has shown that it is necessary for reasons of animal disease control.

The arrangement shall be limited to the required bird species. Unofficial table of contents

§ 33 Risk Assessment

A permit pursuant to § 22 bis § 24, § 28, § 29, § 31 and § 32 may only be granted to the extent that it is ensured that:

1.: the health of birds and
2.: the animal health requirements to be met by the products obtained from birds when they are placed on the market, in intra-Community transport and on export,

shall not be affected. Unofficial table of contents

§ 34 Disease outbreak in an adjacent Member State

In an area of an adjacent Member State or third country, the suspicion of avian influenza or avian influenza within a distance of less than 13 kilometres from the German border shall be officially established and the one for the adjacent Member State shall be subject to the following conditions: In accordance with § 21 and § 27, the competent authority shall establish a restricted area and an observation area in accordance with § 21 and § 27. It may also, in accordance with

1.: Article 30 (1) shall establish a control zone,
2.: The provisions of Section 32a of the Protection Measures.

Unofficial table of contents

§ 35 Protection measures for the contact stock

(1) The epidemiological investigation referred to in the second sentence of Article 15 (1) (2) leads to the conclusion that avian influenza has been imported from another poultry or other bird holding or already in other poultry or other poultry holdings, or other bird holdings may have been further trafficked, the competent authority shall arrange for such stocks or other bird holding (contact stocks) to be monitored by the authorities. (2) For those who have been subject to official monitoring Contact stocks

1.

, the competent authority shall arrange a clinical examination,

2.

the competent authority may, in so far as it is necessary for reasons of animal health control,

a): a virological and serological examination,
b): , taking into account Annex IV to Directive 2005 /94/EC, the killing and destruction of the held birds of the stock

order

3.

§ 15 (2) sentence 1 (2) to (8), second sentence and (4) shall apply accordingly.

Unofficial table of contents

Section 36 Emergency vaccination after the Commission has decided

(1) The competent authority may, in accordance with a risk assessment of the Friedrich-Loeffler-Institut for a given area (vaccination area), order the implementation of an emergency vaccination against the avian influenza, to the extent that:

1.

a Commission decision on the implementation of emergency vaccination has been taken and

2.

for kept birds

a): Avian influenza has been officially detected and avian influenza is likely to spread,
b): Avian influenza in an adjacent Member State or in a third country may cause fowl plague to be leaped into the country.

(2) Before approving the emergency vaccination, the competent authority shall send to the Federal Ministry for the purpose of forwarding to the Commission a vaccination plan containing the information referred to in Article 8 (4) (2). (3) In the case of emergency vaccination pursuant to paragraph 1 of this Article may in the period from the beginning of the emergency vaccination to the termination of the examinations pursuant to § 40 sentence 1

1.: vaccinated birds and eggs of kept birds do not consist of a herd situated in the vaccination area,
2.: meat from poultry which has been kept in the vaccination zone, not from the vaccination zone; or
3.: Birds and eggs shall not be placed in a herd located in the vaccination area

(4) In the event of an emergency vaccination, § 9 shall apply accordingly. Unofficial table of contents

Section 37 Exceptions to the movement within the vaccination area

The competent authority may authorise derogations from Section 36 (3) (1) for the movement within the vaccination area of:

1.

birds kept as far as

a): the birds have been vaccinated against avian influenza,
b): the birds have been examined in accordance with the provisions of Chapter IV, point 8.24 (b) of the Annex to Decision 2006 /437/EC, and
c): ensuring that the birds are transported to a stable or other location where no poultry or poultry vaccinated against avian influenza is held,

2.

Poultry directly for slaughter in a slaughterhouse designated by the competent authority, to the extent that it is ensured that:

a): the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry shall immediately be informed of the slaughtering carried out, and
b): the poultry has been examined prior to the movement referred to in point 1 (a);

3.

One-day chicks, as far as they are hatched from hatching eggs,

a): whose traceability is guaranteed,
b): come from a stock whose held birds have been examined in accordance with Chapter IV, point 8.24, point (a) of the Annex to Decision 2006 /437/EC, and
c): which have been disinfected before dispatch, following instructions from the competent authority, and transported to a hatchery designated by the competent authority,

4.

Hatching eggs which satisfy the requirements of point 3;

5.

Consumer eggs coming from a stock whose laying hens have been examined in accordance with Chapter IV, point 8.24 (a) of the Annex to Decision 2006 /437/EC, and which are directly

a): they are placed in a packing centre designated by the competent authority and packed there in one-way packages, or
b): be transferred to a processing plant for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, where they are treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.

In the cases referred to in point 1 (3), it must also be ensured that the day-to-day chicks are moved to a stable or other location where no poultry or poultry vaccinated against avian influenza is held. Unofficial table of contents

Section 38 Exceptions to the application of the vaccination area

(1) The competent authority may authorise exemptions from Article 36 (3) (1) for the movement of held birds from a herd situated in the vaccination area

1.

in a stock outside the vaccination area, to the extent that the birds kept have not been vaccinated against avian influenza and that it is ensured that:

a): they are moved to a stable or other location where no poultry is held and
b): the measures have been carried out in accordance with the provisions of Chapter IV, point 8.24 (b) of the Annex to Decision 2006 /437/EC,

2.

to a slaughterhouse outside the vaccination area, to the extent that poultry is transported directly to slaughter in a slaughterhouse designated by the competent authority, and that it is ensured that:

a): the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry shall immediately be informed of the slaughtering carried out, and
b): the measures have been carried out in accordance with the provisions of Chapter IV, point 8.24 (b) of the Annex to Decision 2006 /437/EC.

(2) The competent authority may authorise derogations from Section 36 (3) (1) for the introduction of one-day chicks from a herd located in the vaccination area to a stock outside the vaccination area, to the extent that the one-day chicks

1.: have not been vaccinated against avian influenza,
2.: are hatched from hatching eggs which meet the requirements of section 37, first sentence, point 3, and
3.: be transferred to a stable or other location where no poultry is held.

(3) The competent authority may authorise exemptions from Article 36 (3) (1) for the provision of eggs from a herd situated in the vaccination area to a herd outside the vaccination area, to the extent that, in the case of

1.: Bruteiern the requirements for hatching eggs in accordance with § 37 sentence 1, point 3,
2.: Consumption eggs meet the requirements of § 37 sentence 1, point 5

(4) The competent authority may also authorise exemptions from Article 36 (3) (2) for the placing of meat obtained from poultry held in the vaccination area, to the extent that, in the case of the production of meat, the meat of the poultry is not

1.

vaccinated poultry

a): the animals have been vaccinated with a vaccine which makes it possible to distinguish vaccinated and infected birds from vaccinated and non-infected birds,
b): the measures have been carried out in accordance with the provisions of Chapter IV, point 8.24 (b) of the Annex to Decision 2006 /437/EC,
c): the animals have been tested by the competent authority for a maximum of 48 hours prior to the application, with negative results on avian influenza, and
d): ensure that the animals are transported to a slaughterhouse designated by the competent authority; or

2.

non-vaccinated poultry have been carried out in accordance with the provisions of Chapter IV, point 8.24 (b) of the Annex to Decision 2006 /437/EC.

Unofficial table of contents

Section 39 Exceptions to the provision of outside the vaccination area

The competent authority may authorise derogations from Section 36 (3) (3) for the provision of:

1.

birds kept outside the vaccination area in a stable or other location located in the vaccination area, to the extent that it is ensured that no poultry or only vaccinated poultry are kept there and that the birds there, provided that the vaccination plan is provided for, are vaccinated against avian influenza,

2.

Poultry from outside the vaccination area directly for slaughter in a slaughterhouse designated by the competent authority, located in the vaccination area, to the extent that it is ensured that the competent authority responsible for the designated slaughterhouse is not at the latest 24 hours before dispatch of the poultry shall be informed of dispatch and the competent authority responsible for the designated slaughterhouse shall immediately inform the competent authority of the slaughtering carried out of the slaughtering carried out,

3.

Day-to-day chicks from outside the vaccination area to a stable or other location in the vaccination area, where no poultry or only vaccinated poultry is held,

4.

Hatching eggs produced outside the vaccination area into a hatchery, designated by the competent authority, located in the vaccination area, to the extent that the traceability of hatching eggs is guaranteed,

5.

Consumers who have been produced outside the vaccination area, to the extent that they ensure that the eggs are

a): be packed in one-way packages in a packing centre designated by the competent authority, situated in the vaccination area, or
b): in a processing plant for egg products located in the vaccination area, which satisfies the requirements of Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 .

Unofficial table of contents

§ 40 Investigations in the case of emergency vaccination

To the extent that an emergency vaccination has been ordered in accordance with Article 36 (1), animal keepers shall have the birds held in the vaccination area examined in accordance with § 10 (2). The competent authority shall disclose to the public the date of the end of the investigations referred to in the first sentence. Unofficial table of contents

Section 41 Protection measures in the event of detection of avian influenza in emergency vaccinated birds

If, according to a virological examination according to § 40, sentence 1, avian influenza, avian influenza is officially established, the measurement rules shall apply in accordance with § § 18 to 33 and 35. Unofficial table of contents

Section 42 Emergency vaccination in the event of danger in the case of danger

By way of derogation from Article 36 (1) (1), the competent authority may, in the event of danger, order an emergency vaccination in the case of danger, where:

1.: it has informed the Federal Ministry of the intended emergency vaccination for the purpose of the communication to the Commission, and
2.: the measures laid down in Article 36 (3) are complied with.

In the case of an order in accordance with the first sentence, § § 37 to 41 shall apply accordingly.

Subsection 4
Protection measures in slaughterhouses, on transport and in border inspection posts

Unofficial table of contents

Section 43 Protection measures

(1) In the case of suspected avian influenza in a slaughterhouse, a means of transport or a border inspection post, the competent authority shall carry out a clinical, virological and serological examination of the birds suspected of being infected, as well as epidemiological research. It may also:

1.: the immediate killing and destruction of the birds in the slaughterhouse, the means of transport or the border inspection post;
2.: the destruction of animal by-products of the birds killed in accordance with point 1,
3.: the cleaning, disinfection and, where necessary, deforestation of the slaughterhouse, the means of transport or the border inspection post, in accordance with Annex VI to Directive 2005 /94/EC,
4.: for stocks located near the slaughterhouse or border inspection post, the official observation

(2) Where avian influenza is officially established in the case of a bird situated in a slaughterhouse, a means of transport or a border inspection post, the competent authority shall arrange for the measures provided for in the second sentence of paragraph 1. (3) At the earliest 24 hours after the completion of the measures referred to in the second sentence of paragraph 1, point 3, including in conjunction with paragraph 2, birds may be re-introduced into the slaughterhouse, the means of transport or the border inspection post. (4) The operator of a Slaughterhouse has already slaughtered animal by-products shall immediately be destroyed or eliminated harmless by any suspect birds. The first sentence shall also apply in so far as the suspicion arises only after slaughter. (5) The competent authority shall arrange for the respective birdkeeping from which a suspected bird to be placed in the slaughterhouse, the means of transport or the Border inspection post has been spent, the measures according to § 15.

Subsection 5
Repeal, Reuse

Unofficial table of contents

Section 44 Repeal of the protection measures

(1) The competent authority shall abolic protective measures to the extent that:

1.: the avian influenza has been found in the birds kept, or
2.: has proven to be unfounded on the suspicion of avian influenza in birds kept.

(2) avian influenza in birds held shall be deemed to have been replaced by:

1.

the birds kept in the infected population have died or have been killed and destroyed;

2.

in the cases referred to in the first sentence of Article 20 (1), a virological examination shall be carried out for each of the birds held at a distance of at least 21 days in each case of samples of 60 birds each in one of the holdings designated by the competent authority the subsearch facility with negative result has been carried out on influenza virus,

3.

A rough cleaning and pre-infection of the disease stock in accordance with point (a) of Annex VI to Directive 2005 /94/EC, as well as a fine cleaning and final disinfection according to Annex VI (2) (b) of the Directive 2005 /94/EC, and have been taken down by the competent authority,

4.

a disinfection

a): in accordance with Annex VI, point 3 (a) of Directive 2005 /94/EC, and
b): the manure according to the provisions of point 3 (b) of Annex VI to Directive 2005 /94/EC or closer to the competent authority

and it has been taken down by it,

5.

deforestation and the cleaning and disinfection of vehicles which have been in contact with birds kept in the presence of the disease, have been carried out and taken from the competent authority in accordance with the instructions of the competent authority; and

6.

in the case of point 1,

a): in the restricted district, the measures have been carried out in accordance with the provisions of Chapter IV, point 8.11 of the Annex to Decision 2006 /437/EC, at the earliest 21 days after the removal of the coarse cleaning and pre-disinfection according to point 3,
b): in the area of observation at the earliest 30 days after the removal of the coarse cleaning and pre-disinfection according to point 3, after a detailed instruction of the competent authority with negative result on highly pathogenic avian influenza virus, the birds have been examined .

The samples referred to in the first sentence of the first subparagraph shall be taken from a combined rake and knock-on copper. If fewer than 60 birds are kept, the birds present in each case shall be examined. (3) After 21 days after the closure district has been established, the measures in accordance with § 27 (4) as well as § § 28 and 29 shall apply mutas to these. With the abolition of the measurement rules in the area of observation, the measurement rules in the control zone are also deemed to be abolished. (4) The suspicion of avian influenza in birds kept is considered unfounded if the suspicion of a virological examination is due to the fact that the birds are not in the control zone. could not be confirmed. Unofficial table of contents

§ 45 Reoccupancy

(1) poultry or other bird holding where avian influenza has been officially detected and in which the birds kept have been killed and destroyed in order of the competent authority shall be subject to the following conditions: Paragraph 2 shall be re-established with birds

1.: earliest 21 days after the end of the fine cleaning and final disinfection according to § 44 (2) (3) and
2.: After the protection measures have been lifted in accordance with section 44 (1) (1).

The re-use of the contact stocks and other bird holdings in which poultry or birds kept on the order of the competent authority have been killed and destroyed shall be reoccupied on the basis of the instructions given by the competent authority on the (2) After the re-occupancy referred to in paragraph 1, the keeper shall, within 21 days, take the measures referred to in Chapter IV, point 8.22 (a) until the Annex to Decision 2006 /437/EC, to be carried out or to be carried out Within the 21-day period following the re-occupation referred to in paragraph 1, the introduction of retained birds shall be prohibited. By way of derogation from the first sentence, the competent authority may authorise the movement of kept birds, in so far as the concerns of the control of animal diseases are not in conflict.

Subsection 6
Protection measures in the case of low pathogenic avian influenza

Unofficial table of contents

§ 46 Protection measures for the stock

(1) If low pathogenic avian influenza of H5 or H7 subtypes in a bird kept in a herd or other bird holding is officially established, the competent authority shall arrange for the herd or other birds to be kept in the wild.

1.: the killing and destruction of the birds kept,
2.: the destruction of existing hatching eggs and animal by-products

(2) The competent authority may, on the basis of a risk assessment and in accordance with Annex V to Directive 2005 /94/EC, in the case of poultry instead of the the killing system referred to in paragraph 1, point 1, order the movement of the poultry directly for slaughter into a slaughterhouse designated by it, to the extent that it is ensured that:

1.: the measures have been carried out in accordance with the provisions of Chapter IV, point 8.16 of the Annex to Decision 2006 /437/EC,
2.: the competent authority designated for the designated slaughterhouse shall be informed of dispatch no later than 24 hours prior to dispatch of the poultry, and the competent authority responsible for the designated slaughterhouse shall be the competent authority responsible for the keeping of the poultry of the slaughtering carried out without delay,
3.: the poultry is transported in a sealed transport vehicle,
4.: the poultry is slaughtered at the end of the slaughter day and the items used for slaughter are then immediately cleaned and disinfected,
5.: the animal by-products of the poultry slaughtered in accordance with point 4 are immediately destroyed,
6.: the equipment and equipment and the vehicles with which the poultry has been transported shall be cleaned and disinfected in accordance with Annex VI to Directive 2005 /94/EC

(3) The notification of the order referred to in paragraph 1 (1) or (2) shall apply in accordance with Article 15 (2), first sentence, points 1 to 7 (a) and (b). (4) The competent authority shall:

1.

conducts investigations on the whereabout of

a): hatching eggs which have been taken from the herd or other birds in the period from the presumed introduction of the disease to the herd or other birds, until they have been officially identified,
b): Poultry from hatching eggs which, in the period from the suspected introduction of the disease to the herd or other birds, hatched from hatching eggs until their official identification and removed from the stock or other birds ,

2.

shall specify that:

a)

Mammals which are kept in stock or other birds are not taken from the herd or other birds,

b)

consumption eggs produced during the period of suspected introduction of the disease in the herd or other birds until their official identification in the herd or other birds of birds,

aa): shall be transported to a packing centre designated by the competent authority and packed there in one-way packages, or
bb): they are transferred to a processing plant for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, where they are treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004,

c)

cleaning and disinfection

aa): the stables and other sites where birds have been kept, and their immediate vicinity,
bb): the furnishings and equipment which may have come into contact with the birds kept,
cc): of the vehicles with which birds killed or died have been transported,

are carried out in accordance with Annex VI to Directive 2005 /94/EC,

d)

a deforestation of the stables and other sites in which birds are kept and their immediate environment; and

e)

a disinfection

aa): in accordance with Annex VI, point 3 (a) of Directive 2005 /94/EC, and
bb): the manure according to the provisions of point 3 (b) of Annex VI to Directive 2005 /94/EC or closer to the competent authority

is carried out.

The competent authority may authorise the exemptions referred to in point 2 (a) of the first sentence, to the extent that it is ensured that the mammals have not come into contact with birds kept in the herd or in other birds. Unofficial table of contents

§ 47 Protection of protective measures in special facilities

The competent authority may, subject to paragraph 2, following official identification of the low pathogenic avian influenza of the subtypes H5 or H7 in a zoological garden or similar facility, a circus, a zootechnical store, an attitude in which birds held in captivity other species, birds for holding or for the conservation of rare breeds according to Appendix 1 or birds are held for purposes other than for gainful employment, or a scientific establishment of section 46 (1) (1) and, in the case of hatching eggs, of § 46 (1) (2) approve, in so far as the institution, due to its structure, scope and function in relation to the posture including care, feeding and disposal, is so completely separate from other kept birds, that a distribution of the low pathogenic avian influenza virus. (2) A permit referred to in paragraph 1 may only be granted to the extent that it is ensured that the birds are kept

1.

shall be kept in closed stables or under a protective structure, and the measures shall be carried out in accordance with the provisions of Chapter IV, point 8.17 of the Annex to Decision 2006 /437/EC, or

2.

to another stock or to a slaughterhouse

a)

in the country and

aa): the place of destination or, in the case of slaughter, the competent authority for the slaughterhouse, at the latest 24 hours prior to the dispatch of the birds kept, and, in the case of slaughter, which shall be informed of the dispatch of the birds in question for the place of destination or, in the case of slaughter Slaughterhouse competent authority shall immediately inform the competent authority of the slaughterhouse of the slaughtering carried out, and
bb): the measures are carried out in accordance with the provisions of Chapter IV, point 8.17 of the Annex to Decision 2006 /437/EC, or

b)

has been transferred to another Member State and the competent authority for the place of destination has agreed to the transfer.

(3) A permit referred to in paragraph 1 may only be granted in respect of hatching eggs, in accordance with Annex V to Directive 2005 /94/EC, and in so far as it does not preclude animal disease control. (4) § 20 (4) and (5) shall apply accordingly. Unofficial table of contents

Section 48 Protection measures in relation to the restricted area

(1) Where low pathogenic avian influenza of subtypes H5 or H7 is officially detected in a bird kept, the competent authority shall establish an area around the herd or other birds with a radius of at least one kilometre as a Lock area fixed. (2) By way of derogation from paragraph 1, the competent authority may, on the basis of a risk assessment carried out by the competent authority, depart from the establishment of a restricted area, to the extent that low pathogenic avian influenza of the Subtypes H5 or H7

1.: in the case of a bird kept in a zoological garden or similar facility, a circus, a pet shop, a posture, in the captive birds, the birds for holding or for the conservation of rare breeds according to Appendix 1 or birds other than for gainful employment, or a scientific establishment, or
2.: in a hatchery

has been officially established and does not conflict with animal disease control. Section 13 (2) shall apply to the risk assessment. (3) In the restricted area, the competent authority shall carry out the measures in poultry flocks for the purpose of acquisition, in accordance with the provisions of Chapter IV, point 8.19 of the Annex to Decision 2006 /437/EC (4) For the restricted area, subject to § 49, the following shall apply:

1.: Birds, single-day chicks and eggs, mammals and manure and litter from poultry may not be brought from a poultry or other bird holding;
2.: animal by-products of poultry are to be eliminated harmless;
3.: the respective stall or other location may only be entered by the keeper, his representative, the persons responsible for the care and supervision, veterinarians or persons on the official contract and only with protective clothing;
4.: Protective clothing must be deposited, cleaned and disinfected immediately after leaving the stable or other location, or, in the case of disposable clothing, to be destroyed immediately after use;
5.: Footwear must be cleaned and disinfected before entering and leaving the stock, and after leaving a stable or other location;
6.: Birds kept for the increase of the wild voyage are not allowed to be released;
7.: prohibit the carrying out of poultry exhibitions, poultry markets or similar types of events with birds kept;
8.: Transport vehicles and containers with which kept birds, fresh meat from poultry, animal by-products of poultry, animal feed or other materials which are carriers of the low pathogenic avian influenza virus of the subtypes H5 or H7 , as well as vehicles with which a stock has been kept with birds kept, shall be cleaned and disinfected immediately after each carriage.

The competent authority may order serological and virological examinations for the stocks situated in the restricted area. Unofficial table of contents

Section 49 Exceptions to the restricted area scheme

(1) The competent authority may authorise exceptions to the first sentence of Article 48 (4), point 1, for the movement of

1.

Mammals which have not come into contact with birds kept in the herd or other birds,

2.

Poultry, with the exception of one-day chicks, directly for slaughter in a slaughterhouse designated by the competent authority, to the extent that it is ensured that the competent authority responsible for the designated slaughterhouse is to be placed at the latest 24 hours prior to dispatch the poultry shall be informed of dispatch and the competent authority responsible for the designated slaughterhouse shall immediately inform the competent authority of the slaughtering carried out of the slaughtering carried out,

3.

Poultry in a domestic stock, to the extent that it is ensured that:

a): the determination of the herd of destination is officially monitored;
b): the poultry shall remain in this stock for at least 21 days; and
c): in the stock of other poultry is not kept,

3a.

One-day chicks into a stock in the restricted area,

4.

One-day chicks into a domestic stock, to the extent that it is ensured that:

a): the requirements laid down in point 3 are met, or
b): the day-to-day chicks are hatched from hatching eggs coming from outside the restricted area from poultry flocks, and the one-day chicks in the hatchery have not come into contact with hatching eggs or one-day chicks from the restricted area,

5.

Hatching eggs transported to a domestic hatchery designated by the competent authority in such a way as to ensure that the hatching eggs are disinfected before they are brought and that the eggs are traced back to the hatching eggs,

6.

consumption eggs transported to a packing centre designated by the competent authority and packed there in one-way packaging;

7.

Eggs brought into a processing plant designated by the competent authority for egg products in accordance with Annex III, Section X, Chapter II of Regulation (EC) No 853/2004 and in accordance with the conditions laid down in Chapter XI of Annex II to Regulation (EC) No 852/2004,

8.

Manure or litter for treatment in a biogas or composting plant in accordance with Article 24 (1) (g) of Regulation (EC) No 1069/2009.

By way of derogation from the provisions of points 5 to 7 of the first subparagraph, the competent authority may order the destruction of the eggs. (1a) In the cases referred to in the first sentence of paragraph 1, points 2 and 3, the competent authority may, in particular, associate the authorisation with the condition, that the poultry population or other birds

1.: at least 21 days after the end of the fine cleaning and final disinfection in accordance with point 2 (b) of Annex VI to Directive 2005 /94/EC and the acceptance thereof by the competent authority and
2.: After the protection measures have been abolished in accordance with § 52 (1)

(2) By way of derogation from § 48 (4), first sentence, point 7, the competent authority may authorise the holding of poultry exhibitions, poultry markets or events of a similar nature, to the extent that the interests of the (3) For the granting of an authorization pursuant to paragraphs 1 and 2, § 33 shall apply mutatily. Unofficial table of contents

§ 50 Protection measures for other stocks

In accordance with Article 46 (1), epidemiological investigations lead to the conclusion that low-pathogenic avian influenza of H5 or H7 subtypes from another poultry or other bird holding is introduced or has already been carried out in other cases. Poultry or other bird ' s holdings may have been further trafficked, the competent authority shall, in respect of such poultry or other bird ' s keeping, arrange for the authorities to observe the situation. It may also order the protection measures in accordance with Article 35 (2), in so far as this is necessary for the purpose of combating animal diseases. Unofficial table of contents

Section 51 Notimpfung

The competent authority may order the implementation of emergency vaccination in accordance with a risk assessment carried out by the Friedrich-Loeffler-Institut. § § 36 to 42 shall apply accordingly. Unofficial table of contents

Section 52 Repeal of the protection measures

(1) The competent authority shall abolish protective measures to the extent that low pathogenic avian influenza of the H5 or H7 subtypes is found in birds kept. (2) Low-pathogenic avian influenza of the H5 or H7 subtypes is considered to be in the case of birds kept. than have been granted, to the extent that

1.

the birds kept in the stock or other birds concerned have died or have been killed or destroyed, or

2.

in the cases referred to in Article 47 (1), in the case of birds kept at a distance of at least 21 days, a virological examination shall be carried out on samples of 60 birds each in a survey facility designated by the competent authority, negative result on low pathogenic avian influenza virus of the subtypes H5 or H7,

3.

a rough cleaning and pre-infection of the herd or other birds concerned in accordance with point (a) of Annex VI to Directive 2005 /94/EC, as well as a fine-cleaning and final disinfection, in accordance with the conditions laid down in Annex VI, point 2 (b) of Directive 2005 /94/EC has been carried out and has been taken from the competent authority,

4.

a disinfection

a): in accordance with Annex VI, point 3 (a) of Directive 2005 /94/EC, and
b): the manure according to the provisions of point 3 (b) of Annex VI to Directive 2005 /94/EC or closer to the competent authority

and it has been taken down by it,

5.

a deforestation and a cleaning and disinfection of vehicles which have come into contact with the birds of the herd or other birds in question, shall be carried out in accordance with the instructions of the competent authority; and have been removed from it and,

6.

in the case of point 1,

a): in the restricted area, the measures have been carried out in accordance with the provisions of Chapter IV, point 8.20 (a) and (b) of the Annex to Decision 2006 /437/EC, at the earliest 21 days after the removal of the coarse cleaning and pre-disinfection according to point 3, and
b): the competent authority, on the basis of a risk assessment carried out by the competent authority, concludes that there is no risk of the low-pathogenic avian influenza virus of subtypes H5 or H7 being carried over.

The samples referred to in the first sentence of the first subparagraph shall be taken from a combined rake and knock-on copper. If fewer than 60 birds are kept, the birds present are to be examined. Unofficial table of contents

§ 53 Reoccupancy

Section 45 (1) and (3) shall apply accordingly. In addition, after re-occupancy, the keeper shall carry out or have carried out the measures in accordance with the provisions of Chapter IV, point 8.22 (a) to (c) and (e) of the Annex to Decision 2006 /437/EC. Unofficial table of contents

§ 53a Protection measures in other cases

In the case of low pathogenic avian influenza of H5 or H7 subtypes in a bird kept in a herd or other bird holding by means of an official serological examination, the competent authority may order that:

1.

a disinfection

a): in accordance with Annex VI, point 3 (a) of Directive 2005 /94/EC, and
b): the manure in accordance with point 3 (b) of Annex VI to Directive 2005 /94/EC or its detailed instructions,

2.

deforestation and the cleaning and disinfection of vehicles which have come into contact with the birds in the affected stock or the other birds concerned; and

3.

A re-occupancy no earlier than 21 days after the end of the fine cleaning and final disinfection according to § 52 (2) (3)

shall be carried out in so far as this is necessary for the purpose of combating animal diseases.

Section 3
Protection measures in wild birds

Subsection 1
General protection measures

Unofficial table of contents

§ 54 Early detection

(1) For the detection of avian influenza in wild birds, hunting rights of hunting persons

1.: to take samples of the deed and geese for the virological examination on highly pathogenic avian influenza virus after the competent authority has instructed the competent authority, and to forward to the investigative body designated by the competent authority, samples of the highly pathogenic avian influenza virus and
2.: to notify the competent authority immediately of the presence of diseased or deceased wild birds, indicating the site of the site.

The competent authority may order the examination of other wild birds to the extent that this is necessary for the purpose of combating animal diseases. (2) Birds of the orders of goose birds and rain-pipe-like birds may not be used as decoy birds for hunting wild birds . The competent authority may, by way of derogation from the first sentence, authorise the use of birds of the above-mentioned orders as decoy birds, in order to ensure that wild birds are

1.: for the purposes of the sampling referred to in the first sentence of the first paragraph of paragraph 1 or the second sentence,
2.: for the implementation of the provisions of Article 1 of Commission Decision 2005 /732/EC of 17 June 2005, October 2005 on the approval of the programmes for the implementation of Member States ' surveys on avian influenza in domestic and wild poultry stocks in 2005 and laying down rules for the transmission of results and the Reimbursement of costs within the framework of the Community ' s financial contribution to the costs of the implementation of these programmes (OJ L 327, 31.12.2002 EU No 95) for the Federal Republic of Germany approved wild bird monitoring in the current version

to attract.

Subsection 2
Special protection measures

Part 1
Before official determination

Unofficial table of contents

Section 55 Suspected avian influenza, avian influenza

(1) Where a suspected avian influenza or avian influenza is suspected in a wild bird, the competent authority shall, subject to paragraph 3, lay down the area around the site of the wild bird found dead or found dead, with a radius of at least

1.: three kilometers as a barrier district and
2.: Ten kilometres as an observation area

. In the case of the respective territorial determination, it shall take into account the existence of a restricted district in accordance with Article 21 (1), an observation area pursuant to Article 27 (1) or a control zone in accordance with Section 30 (1), the structures of trade and the local authorities. Conditions, natural limits, epidemiological knowledge, ecological conditions, monitoring possibilities, and the presence of slaughterhouses and processing plants for Category 1 and Category 2 material referred to in Article 24 (1) Point (a) of Regulation (EC) No 1069 /2009. (2) Is suspected of avian influenza or Where avian influenza has been officially detected in a wild bird in a restricted area defined in accordance with Article 21 (1) or in an area of observation defined in accordance with Article 27 (1), the competent authority may take additional measures in accordance with:

1.: Section 56 (1) for the part of the restricted district referred to in Article 21 (1), which is not covered by the restricted district referred to in the first sentence of paragraph 1, point 1, or
2.: Section 56 (3) for the part of the observation area referred to in Article 27 (1), which is not covered by the observation area referred to in the first sentence of paragraph 1, point 2,

order. § § 57 to 59 and 61 shall apply accordingly. (3) The competent authority may, on the basis of a risk assessment carried out by it, which shall be responsible for the occurrence and behaviour of the species of birds belonging to the affected wild bird, as well as the local Conditions taken into account,

1.

a)

from the definition of a restricted area referred to in the first sentence of paragraph 1, point 1 or of an observation area referred to in the first sentence of paragraph 1, point 2, or

b)

by way of derogation from the first sentence of paragraph 1, point 1, the area around the place where the wild bird has been found or found dead

aa): with a radius of at least one kilometre, or
bb): Of a depth of at least one kilometre and a length of at least three kilometres along a coastline or a shore

set as a lock district,

in so far as no suspicion of avian influenza or avian influenza has been detected in a bird kept and there is no risk of the highly pathogenic avian influenza virus being carried to the disease,

2.

set an area as an area of observation under the abolition of the definition as an area of observation, to the extent that

a)

the competent authority shall, in this area, all the poultry held for the purpose of employment

aa): clinically and,
bb): to the extent that animal disease control issues so require, have been virologically examined with negative results on highly pathogenic avian influenza virus,

b)

a restricted area pursuant to section 21 (1) or an area of observation pursuant to Article 27 (1) shall be repealed and this area or area of observation with the territory or part of an area of a restricted area referred to in the first sentence of paragraph 1 shall be repealed; together.

In the cases referred to in point 1 (a) of the first sentence, the competent authority shall examine the possible introduction or disappearance of the highly pathogenic avian influenza virus by the wild bird or other birds of the bird species that have been infested with the wild bird or birds. Wild bird belongs. In the cases referred to in point 1 (b) of the first sentence, the competent authority shall lay down the area around the place where the wild bird has been found or has been found dead

1.: in the case of the double letter aa, with a radius of at least three kilometres,
2.: in the case of the double letter bb with a depth of at least three kilometres along a coastline or a shore

(4) In an observation area referred to in the first sentence of paragraph 3 (2) (a), only the protection measures referred to in Article 56 (1), first sentence, point 1 (b), points 6 and 7 shall apply.

Part 2
After official determination

Unofficial table of contents

Section 56 Protection measures in relation to the restricted district and the observation area

(1) For the period of 21 days after the lock district has been established in accordance with Article 55 (1), first sentence, point 1 or the first sentence of paragraph 3, point 1 (b)

1.

shall have the competent authority

a)

the fowl held in the restricted area for employment purposes

aa): regularly clinical and,
bb): where animal disease control issues so require, virologically

study,

b)

to carry out an examination of wild birds, in particular aquatic birds and wild birds which have been found to be ill or have died, to the highly pathogenic avian influenza virus;

2.

birds and hatching eggs may not be brought from a stock,

3.

may be

a): fresh meat,
b): minced meat or mechanically separated meat,
c): meat products,
d): meat preparations,

which has been or are not or are not brought from the restricted area of birds or of feathered wild birds,

4.

animal by-products of kept birds must not be brought from a stock,

5.

the keeper shall ensure that mats or other absorbent floor coverings are laid out at the entrants and exits of the stables or other locations in which poultry are kept, and that they are designed with an effective disinfectant is soaked and always kept humid,

6.

birds may not be released for the increase of the wild bird population,

7.

may be hunted only with the authorisation or by order of the competent authority,

8.

Poultry shall only be transported in transit on motorways, other roads of long-distance transport or rail connections, and only if the vehicle does not stop and poultry is not unloaded.

At the end of the 21-day period, the requirements for an area of observation referred to in paragraph 2 (2) shall apply to the restricted district. (2) For the duration of

1.

15 days after the observation area has been established, birds may not be moved from the observation area,

2.

30 days after establishment of the observation area

a): birds may not be released for the increase of the wild bird population,
b): may be hunted only with the permission of the competent authority or on the order of the competent authority.

The competent authority may, at the earliest 21 days after the observation area has been established, repeal the measures laid down in the first subparagraph of paragraph 2, to the extent that the control of the animal disease is not contrary to the requirements of the control. In the cases referred to in Article 55 (3), first sentence, point 2, the time limits set out in the first sentence shall be calculated from the date of establishment of the restricted district which has been repealed. (3) Who holds a dog or a cat, shall ensure that it is in the restricted area. or not in the area of observation freely. The competent authority may authorise exemptions for the observation area in so far as it does not preclude the control of animal diseases. (4) A stable or other location within a restricted area, where birds are kept, shall be permitted to: are not entered by non-business persons. The first sentence shall not apply to the veterinarian responsible for the stable or to any other location, to his or her assistants, and to the persons responsible for combating animal diseases to the competent authority. The competent authority may grant derogations in so far as it does not preclude animal disease control issues. (5) The competent authority shall bring the main access routes to the

1.: Signs with the clear and durable inscription "Wildvogelgewingpest-Locking District" and the barrier district
2.: to the observation area Signs with the clear and durable inscription "Wildvogelgewingpest-Observation Area"

well visible. (6) For the restricted area and the observation area, § 21 (2) applies accordingly. Unofficial table of contents

Section 57 Exceptions to the restricted district rules for held birds and hatching eggs

(1) The competent authority may grant exemptions from section 56 (1), first sentence, point 2, for the movement of held birds under official supervision to another stock in the restricted district or to a stock located in the other national territory. In the case of the introduction of young chickens or turkeys into a herd situated in the other national territory, authorisation may be granted only to the extent to which it is ensured that the young or turkey chickens for at least 21 days in this herd (2) The competent authority may also authorise exemptions from the first sentence of Article 56 (1), point 2, for the movement of:

1.: poultry directly for slaughter into a slaughterhouse in the restricted area or in the observation area or, where there is no slaughterhouse in the restricted area or in the area of observation, into a slaughterhouse designated by the competent authority,
2.: Day-on-day chicks from the restricted area under official supervision in an officially monitored stock located at home, to the extent that it is ensured that the one-day chicks remain in this stock for at least 21 days.

(3) The competent authority may also authorise exemptions from Article 56 (1), first sentence, point 2, for the movement of hatching eggs

1.

into a

a): of their particular hatchery, or
b): scientific or pharmaceutical equipment,

2.

to a Member State or to a third country where:

a)

the hatching eggs come from a herd in which there is no suspicion of avian influenza and where sample tests have been carried out, with a probability of 95 of the hundred and an assumed rate of 5 of the hundred to detect infested animals and

b)

ensuring that

aa): the hatching eggs and their packaging shall be disinfected prior to transport,
bb): the traceability of hatching eggs is guaranteed,
cc): the hatching eggs are carried in a transport vehicle sealed by the competent authority, and
dd): that the hatchery is officially monitored,

3.

in a processing plant for egg products referred to in Annex III, Section X, Chapter II of Regulation (EC) No 853/2004, to the extent that the hatching eggs are treated there in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004,

4.

to a processing plant for Category 1 or Category 2 material in accordance with Article 24 (1) (a) of Regulation (EC) No 1069/2009.

In the cases referred to in point 1 (1) (a) or (2), the health certificate shall be endorsed in accordance with the model 1 of Annex IV to Directive 90 /539/EEC, which accompanies the consignments of hatching eggs to other Member States. "This consignment complies with the animal health conditions of Commission Decision 2006 /563/EC." Unofficial table of contents

Section 58 Exceptions to the restricted district rules for meat

By way of derogation from § 56 (1), first sentence, point 3, may or may not be taken

1.

Fresh meat of poultry and feather wild game, obtained and labelled in accordance with Annexes II and III to Regulation (EC) No 853/2004 and in accordance with Annex I, Section I, II, III and IV, Chapters V and VII of Annex I to the Regulation (EC) No 854/2004,

2.

Minced meat, mechanically recovered meat, meat products and meat preparations containing or containing fresh meat referred to in point 1 and which, in accordance with Annex III, points V and VI to Regulation (EC) No 853/2004, has been or has been,

3.

fresh meat of poultry and feathered game, as well as minced meat, mechanically separated meat, meat products and meat preparations containing or containing such fresh meat, to the extent that:

a)

the fresh meat is marked with a health mark in accordance with Annex II to Directive 2002/99/EC or in accordance with Article 4 of Regulation (EC) No 2076/2005; and

b)

is ensured that the fresh meat

aa): is obtained, prepared, stored and transported separately from fresh meat intended for another Member State or a third country; and
bb): is not used for meat products or meat preparations intended for another Member State or a third country, unless fresh meat is in accordance with the conditions laid down in Annex III, Table 1 (a), (b) or (c) of the Directive 2002 /99/EC,

4.

fresh meat, minced meat and mechanically separated meat originating from outside the restricted area and processed in a service in the restricted area, and meat preparations and meat products containing such meat;

5.

fresh meat, minced meat, mechanically recovered meat, meat products or meat preparations which are to be used in the retail trade to end users within the meaning of Article 3 (18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (OJ L 327, 30.4.2002, p. EC No 1), as amended, is or will be issued in the relevant version.

Unofficial table of contents

Section 59 Exceptions to the blocking district regulation for animal by-products

(1) By way of derogation from § 56 (1), first sentence, point 4 may be brought

1.

treated feathers or parts of feathers of poultry which have been subjected to a vapour tension or which have been treated in accordance with another method of killing the highly pathogenic avian influenza virus,

2.

Untreated feathers or feathers of poultry which satisfy the requirements of Annex XIII, Chapter VII, Part A, point 1 of Regulation (EU) No 142/2011, to the placing on the market and originate from poultry held outside the restricted area ,

3.

animal by-products that meet the requirements

a)

pursuant to Articles 8 and 9 of Regulation (EC) No 1069/2009, in conjunction with Annex IV to Regulation (EU) No 142/2011,

b)

in accordance with Article 21 (1) of Regulation (EC) No 1069/2009 in conjunction with

aa): Annex X, Chapter II, Section 1 (B), Section 2 (B), Section 3 (B), Section 5 (B) and (D), Section 6 (B), Section 7 (B), Section 8 (B), Section 9 (B), Section 8 (B),
bb): Annex XI, Chapter I, Section 2, and
cc): Annex XIII, Chapter II, points 3 and 4

of Regulation (EU) No 142/2011 shall apply to processing,

4.

animal by-products

a): for processing into a processing plant for Category 1 or Category 2 material in accordance with Article 24 (1) (a) of Regulation (EC) No 1069/2009,
b): in a domestic holding, to the extent that the animal by-products are incurred in the course of production or production in accordance with section 58, or
c): to a processing plant for the purposes of the treatment referred to in point 3;

5.

Animal by-products for the purposes of the treatment referred to in Article 13 (e) (ii) of Regulation (EC) No 1069/2009,

6.

products of kept birds which are not subject to specific animal health requirements in accordance with Community or Union law and which are not excluded from the movement for reasons other than animal health reasons, or are otherwise restricted, including the products referred to in Chapter VI (C) of Annex XIII to Regulation (EU) No 142/2011.

(2) feathers or parts of the spring referred to in paragraph 1 (1) shall be accompanied by a commercial document in accordance with Chapter III of Annex VIII to Regulation (EU) No 142/2011, which shall indicate in point 6.1 that the feathers or parts of the feathers or parts of the feathers shall be accompanied by a The invention relates to a method for the production of a highly pathogenic avian influenza virus, which has been subjected to a steam voltage or has been treated in accordance with another process which ensures the destruction of the highly pathogenic Sentence 1 shall not apply to treated ornamentals, treated feathers carried by travellers for their own use in personal luggage, or treated feathers sent to private persons for non-commercial purposes. Unofficial table of contents

Section 60 Exceptions to the observation area scheme

(1) The competent authority may authorise exemptions from Article 56 (2), first sentence, point 1, for the movement of kept birds into an officially monitored domestic stock, in so far as the animal disease control concerns are not in conflict. Section 57 (2) (1) shall apply. (2) The competent authority may also authorise exemptions from the first sentence of Article 56 (2), first sentence, for the introduction of one-day chicks hatched from hatching eggs from outside the observation area , into a domestic stock, to the extent that it is ensured that hatching eggs or ice-cream chicks from outside the observation area in the hatchery have not come into contact with hatching eggs or one-day chicks from the observation area. Unofficial table of contents

Section 61 Risk assessment

§ 33 applies accordingly for the granting of a permit pursuant to § § 57 to 60. Unofficial table of contents

§ 62 Disease outbreak in an adjacent Member State

In the territory of a neighbouring Member State or third country, the suspicion of avian influenza or avian influenza in a wild bird within a distance of ten kilometres from the German border is officially established and the one for the In accordance with § 55 (1) to (3), the competent authority shall establish a restricted area and an observation area in accordance with § 55 (1) to (3). Unofficial table of contents

Section 63 Repeal of the protection measures

The competent authority shall repeal the provisions of § 55, including in conjunction with § 62, if highly pathogenic avian influenza virus has not been detected.

Section 4
Final provisions

Unofficial table of contents

§ 64 Administrative Offences

Contrary to the provisions of Section 32 (2) (4) (a) of the Animal Health Act, who intentionally or negligently is acting in accordance with the provisions of the Animal Health Act

1.: Contrary to § 2 (1) sentence 1, § 13 (6) sentence 1 or § 14 (2) sentence 1, a communication does not make it correct, not complete or does not make it in good time,
2.: contrary to § 2 (1) sentence 2 in conjunction with Section 26 (1) sentence 2 of the Animal Transport Ordinance, contrary to § 7 (3) sentence 1, § 21 (5), also in conjunction with § 27 (3) or § 48 (4) sentence 2, or contrary to § 54 (1) sentence 1, point 2, a indication not, not correct, not fully or not reimbursed in time,
3.: contrary to § 2 (3) sentence 1, § 9 (2) sentence 1, point 2, also in conjunction with § 36 (4), § 10 (4) sentence 1 or § 15 (2) sentence 1 (1) or (3), also in conjunction with § 35 paragraph 2, point 3, a record not, not correct, does not make it complete or not in time,
4.: contrary to § 2 (4) sentence 1, § 9 (2) sentence 2, also in conjunction with § 36 paragraph 4, § 10 paragraph 4 sentence 2, § 13 paragraph 6 sentence 2 or § 14 paragraph 2 sentence 2, a register, a record or the result of an investigation is not or not for the the prescribed duration,
5.: Contrary to Article 3 (1), it does not ensure that the animal referred to in that paragraph is only fed at a point where it is referred to,
6.: Contrary to Article 3 (2), it does not ensure that a so-called animal is not soaked with the surface water referred to therein,
7.: Contrary to Article 3 (3), it does not ensure that the food, litter or other object referred to therein is kept inaccessible,
8.: Contrary to § 4 (1), the presence of an infection cannot be ruled out in time, or
9.: Contrary to Article 5, sentence 1, it does not ensure that a person referred to there is wearing or wearing protective clothing or disposable clothing,
10.: Contrary to § 5 sentence 2, it does not ensure that protective clothing is stored, cleaned or disinfected or disposable clothing is removed,
11.: Contrary to § 6 (1), also in conjunction with Section 13 (4) sentence 5 (2) or § 21 (6) sentence 1, point 2, it does not ensure that an entry or exit or other location is secured,
12.: Contrary to § 6 (2), also in conjunction with Section 13 (4), sentence 5, point 2 or § 27, paragraph 4, point 2, not ensuring that a stable or any other location is entered only with the clothing mentioned there or that a person named there that clothes off,
13.: contrary to Section 6 (3), even in conjunction with Section 21 (6), first sentence, point 2 or Article 27 (4) (2), not ensuring that protective clothing is cleaned or disinfected or disposable clothing is disposed of,
14.: in accordance with Article 6 (4) or (5), also in conjunction with Section 13 (4), sentence 5, point 2 or § 21 (6), first sentence, point 2, not ensuring that an appliance, a loading area, a stable, a device, an object or a the vehicle is cleaned or disinfected,
15.: shall carry out an event referred to in paragraph 7 (1), first sentence, point 1,
16.: , contrary to § 7 (2) sentence 6 or § 13 (4) sentence 5, point 1, an investigation cannot be carried out or cannot be carried out in good time
17.: a fully-enforceable arrangement according to § 7 (5), § 8 (2) (2), § 10 (3), § 13 (1), § 14 (1) sentence 1, § 15 (1) sentence 1, 2 (1) or 5, § 15 (3) point 2, also in conjunction with § 17 (1) sentence 2, in accordance with § 15 paragraph The first sentence of 4 sentence 1, § 16, § 17 (1) sentence 1, § 19 (1) sentence 1 or sentence 5, § 21 (4) (3) or (4), § 22 (1) sentence 2, § 32a (1) sentence 1, also in conjunction with § 34 sentence 2 (2) or § 48 (5), § 35 (1) or (2) (1) or number 2, also in connection with § 50 sentence 2, § 36 paragraph 1, § 42 sentence 1, also in conjunction with § 51 sentence 2, § 43 (1) or (2), § 46 Paragraph 1, 2 (4), first sentence, 2, 51 sentence 1, § 53a, § 54 (1), first sentence, point 1, or sentence 2, or § 55, paragraph 2, sentence 1, also in conjunction with § 62, shall be contrary,
18.: , contrary to § 8 (1), a protective vaccination or a medical test is carried out,
19.: with an authorization pursuant to § 8 (2) (1) or (3), § 11 (1) sentence 2 or (2) sentence 2, § 13 (3), § 15 (5) sentence 1, also in conjunction with Section 17 (1) sentence 2, in accordance with § 15 (6) sentence 1, § 19 (3) sentence 1 or sentence 3, § 20 (1) sentence 1, § 21 (2) sentence 2, also in conjunction with § 30 paragraph 2a or § 56 paragraph 6, in accordance with § 22 paragraph 1 sentence 1 or paragraphs 2, 3, 4 or paragraph 5, § 23, § 24, also in conjunction with § 32 paragraph 3, in accordance with § 28, § 29 paragraph 1 or paragraph 2, § 31 (1) or (2), § 32 (1), § 37 sentence 1, § 38, § 39, § 47 paragraph 1, § 49 (1) sentence 1 or paragraph 2, § 57 (1) sentence 1 or paragraph 2, point 1, also in conjunction with the second sentence of Article 60 (1), the first sentence of Article 57 (3) or the first sentence of Article 60 (1) or the first sentence of Article 60 (1) or the second subparagraph of Article 60 (1) thereof,
20.: Contrary to § 13 (4) sentence 1, a duck or a goose shall not be held right,
21.: does not ensure that a duck or a goose is investigated, contrary to the second sentence of Article 13 (4),
22.: Contrary to § 15 (2) sentence 1, point 2, also in conjunction with Section 35 (2) (3), or contrary to § 21 (2) sentence 1, also in conjunction with Section 30 (2a) or § 56 (6), a bird referred to there is not held right,
23.: , contrary to Article 15 (2), first sentence, point 4, also in conjunction with Section 35 (2) (3), a bird is not kept or is not properly stored,
24.: , contrary to Article 15 (2), first sentence, point 6, also in conjunction with Section 35 (2) (3), a mat or a floor covering not or not in time, not in time, not right or not soaked in time, or does not keep moist,
25.: Article 15 (2), first sentence, point 7 (a), also in conjunction with Section 35 (2) (3), does not ensure that a stable or other location is entered, that protective clothing is stored, cleaned or disinfected, or that the protective clothing is stored, cleaned or disinfected. one-way clothing is eliminated,
26.: Contrary to Article 15 (2), first sentence, point 7 (b), even in conjunction with Article 35 (2) (3), it is not ensured that footwear is cleaned or disinfected,
27.: in accordance with Article 15 (2), first sentence, point 7, point (c) or point 8, in conjunction with Section 35 (2) (3), not ensuring that an animal, a product referred to therein, a product or waste referred to in that point does not have any shall be spent,
28.: without authorization pursuant to § 15 (3) (1), also in connection with the second sentence of Article 17 (1), a vehicle is travelling,
29.: contrary to § 19 (1) sentence 2 or sentence 3, § 21 (6) sentence 1, point 1, § 27 (4) (1), § 30 (3) sentence 1 or sentence 2, § 48 (4) sentence 1 (1) or § 56 (1) sentence 1 (2), (3) or (4), a bird, a mammal, a a product, a feed or an animal by-product,
30.: without authorisation pursuant to Article 19 (1) sentence 4, a pig shall be spends,
31.: , contrary to Article 19 (2) (1), does not apply a sign, right or not in good time,
32.: does not ensure that a dog or cat does not run around freely, contrary to Article 19 (2) (2) or § 56 (3) sentence 1;
33.: , contrary to Article 21 (6), sentence 1, point 5, it carries a bird, egg or animal body,
34.: Contrary to § 43 (4) sentence 1, an animal by-product does not, not properly, completely or insufficiently removed and not, not correct, not completely or not removed in good time,
35.: Contrary to the first sentence of Article 45 (1), including in connection with § 53, sentence 1, a poultry herd or other birds ' holding,
36.: shall enter a stable or other location in accordance with the first sentence of Article 48 (4) (1) (3) or the first sentence of Article 56 (4),
37.: , contrary to Article 48 (4), first sentence, point 4, protective clothing does not or not be deposited in due time, is not or is not cleaned in time or not or is not disinfected in time or does not or does not eliminate disposable clothing in time,
38.: a fully-fledgable edition in accordance with Article 49 (1a),
39.: in accordance with the first sentence of Article 54 (2), use a bird referred to in
40.: Contrary to Article 56 (1) sentence 1, point 5, it does not ensure that a mat or a floor covering is laid out, impregnated or kept moist.

Unofficial table of contents

Section 65 Further measures

The power of the competent authority, in the event of avian influenza or of low pathogenic avian influenza, to take further action in accordance with Article 38 (11) in connection with Article 6 (1) and (3) to (5) of a bird or wild bird of the Animal Health Act, in so far as they are necessary for the control of animal diseases and do not preclude acts of the European Communities or of the European Union, shall remain unaffected. Unofficial table of contents

Section 66 Transitional provisions

(1) Those on 22. By way of derogation from Article 2 (1), the competent authority shall have the form of postings until 30 April 2008. (2) Those on 22 October 2007. (2) By way of derogation from Section 6, point 9, poultry is holding a facility for disinfection of the footwear from 30 April 2008. Unofficial table of contents

Section 67 Lift up federal legal provisions

(1) (repeal of other provisions) (2) Until the enactment of any other federal legislation, the provisions of the Avian Influenza Regulation are set out in the version of the Notice of 20 December 2005 (BGBl. 3538) in respect of Newcastle disease. Unofficial table of contents

Section 68 Entry into force

Unofficial table of contents

Appendix 1 (to § 8 (3), § 10 (3), § 11 (1), § 15 (5)),
Section 20 (1), § 21 (3), § 47 (1), § 48 (2))
List of kept birds of rare breeds

(Fundstelle: BGBl. I 2013, 1243)

1. Great chickens
Altenglische fighters	Dorking	Plymouth Rocks
Andalusia	Empordanesa	Prat
Annaberg Haubenstrupphühner	Eulenbarthühner	Ramelsloher
Appenzeller Barthühner	Hamburger	Redcaps
Augsburger	Holländer Haubenhühner	Rhinelanders
Bergische Kräher	Houdan	Sachsenhühner
Bergische Schlotterkämme	Kaulhühner	Satsumadori
Brabanter peasant chickens	Koeyoshi	Spaniard
Brakel	Krüper	Sudanese fighters
Breda	La Fleche	Sultanhühner
Brügger fighters	Lakenfields	Sumatra
Cemani	Lütticher fighters	Sundheimer
Creve Coeur	Mechelner	Thuringian Barthühner
Croad Langschan	Minorka	Tomaru
Cubalaya	Norwegian Jaerhühner	Totenko
Denizli-Herher	Onagadori	Tuzo
German salmon chickens	Orloff	Vogtländer
German Langschan	East Frisian Möwen	Pre-werkhühner
German Reichshühner	Paduans	Westfälische Totleger
German Sperber	Penedesenca
Dominican	Pfälzer Kampfhühner

2. Puten
Cröllwitzer Puten	Puten, yellow	Puten, black
Puten, blue	Puten, copper	Puten, black wing
Puten, Bourbon	Puten, red	Puten, white
Puten, bronze	Puten, Red Wing

3. Goose
African coursework	Emporda Gänse	Pilgrim geese
Celler Gänse	Fränkische Landgänse	Pommerngeese
Deutsche legegänse	Leine geese	Russian geese
Diepholzer Gänse	Lippegänse	Toulouser Gänse
Emdener Gänse	Curl

4. Enten
Altrheiner Elsterenten	Gimbsheimer Enten	Pommernents
American Pekinagents	Krummschnabelenten	Rouen Clair-Enten
Aylesburyenten	Landents	Rouenenten
Campbellenten, white	Orpingtonents	Emerald
German Pekinagents	Overberger Enten

5. Zwerghühner
Bergische Zwerg-Kräher	Zwerg Brakel	Dwarf Nackthalshühner
Dormant Zwerg Kaulhühner	Dwarf-Holländer Haubenhühner	Zwerg-Orloff
Thüringer Zwerg-Barthühner	Zwerg-Kaulhühner	Zwerg-Paduan
Zwerg-Andalusia	Zwerg-Minorka	Zwerg-Yokohama

Unofficial table of contents

Appendix 2 (to § 7 (2), § 13 (4))

(Fundstelle: BGBl. I 2013, 1244)

Number of Ducks or geese per inventory of chickens or turkeys to be kept 12

less than 10	at least 1, but at most the same Number of ducks and geese held
11-100	10-50
101-1 000	20-60
more than 1 000	30-70