Farm and wild animals
The observation area established due to avian influenza in Burgstädt on 10 March 2021 was provisionally valid until 9 April 2021. As no further cases of the disease have been detected in this observation area, which extends over the districts of Central Saxony and Zwickau as well as the city of Chemnitz, the Food Monitoring and Veterinary Office is cancelling the part of the observation area located on the territory of the city with this general ruling.
General ruling under animal health law
The Food Inspection and Veterinary Office of the City of Chemnitz (LÜVA Chemnitz) issues the following
General ruling under animal health law
- The general animal health order of 10 March 2021, ref. 39.0 Ke/32.72.04/77 (OJ Chemnitz No. 10 p. 5), establishing an observation area and ordering protective measures in this observation area following the official detection of avian influenza in kept birds in the town of Burgstädt is repealed.
- The immediate execution of number 1 is ordered.
- This general animal health order shall enter into force one day after publication in the official gazette of the City of Chemnitz.
The general animal health order and its justification can be inspected free of charge by anyone during office hours at the Food Monitoring and Veterinary Office of the City of Chemnitz, Düsseldorfer Platz 1, 09111 Chemnitz.
Justification
The competence of the Food Inspection and Veterinary Office of the City of Chemnitz to issue this general ruling is based on Sections 6 and 24 of the Act on the Prevention and Control of Animal Diseases (Tiergesundheitsgesetz - TierGesG) of 22 May 2013 (BGBl. May 2013 (BGBl. I p. 1324) in conjunction with Section 1 (2) of the Saxon Implementation Act to the Animal Health Act (SächsAGTierGesG) of 9. July 2014 (SächsGVBl. p. 386), the local jurisdiction from Section 1 of the Act on the Regulation of Administrative Procedure and Administrative Service Law for the Free State of Saxony (SächsVwVfZG) of 19 May 2010 (SächsGVVBl. p. 386). May 2010 (SächsGVVBl. 2010, p. 142) in conjunction with Section 3 of the Administrative Procedure Act (VwVfG) of 23 January 2003 (BGBl. I p. 103) in the currently valid version.
Re number 1
After expiry of the minimum period provided for in Section 44(2)(6)(b) of the Ordinance on Avian Influenza for the observation area established in the city of Chemnitz on the basis of the official detection of avian influenza in kept birds in Burgstädt/the district of Central Saxony, its cancellation must be ordered.
Re number 2
The immediate enforcement of number 1 is ordered on the basis of Section 80 (2) no. 4 of the Administrative Court Code (VwGO) of 19 March 1991 (BGBl. I p. 686) in the public interest, as the restrictive measures in force in the observation area may not apply for longer than legally required, unless animal disease control concerns make it necessary to continue to apply the measures.
Information on legal remedies:
An objection to this general ruling may be lodged within one month of its notification. The objection must be submitted in writing, in electronic form or for recording at the City of Chemnitz, Markt 1, 09111 Chemnitz or any other office or citizen service centre of the City of Chemnitz.
The objection can be lodged in electronic form by De-Mail in the transmission variant with confirmed secure registration in accordance with the De-MaiI Act. The De-Mail address is: info@stadt-chemnitz.de-mail.de.
If represented by a lawyer, the objection can also be lodged via the special public authority mailbox (beBPo) and should be addressed to the beBPo "City of Chemnitz".
Signed
Dr Michael Kern
Official veterinarian
General ruling for download
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