Definition and Basics of the Confinement Requirement
Die Confinement Requirement is a term from the field of German animal disease law and refers to an obligation imposed by statutory provision or administrative order to keep poultry (typically chickens, turkeys, ducks, geese, and other fowl) in barns or defined spatially restricted areas. This measure primarily serves to prevent the introduction and spread of animal diseases, particularly highly pathogenic avian influenza (fowl plague).
Legal Basis for the Confinement Requirement
Animal Welfare Act and Animal Health Law
The legal basis for ordering a confinement requirement in Germany is primarily the Animal Health Act (TierGesG). In conjunction with the relevant regulations, this governs measures for the protection of animal health, including the ability to order confinement when necessary. The Animal Welfare Act (TierSchG) must also be observed, as the appropriate housing and care of the animals must be ensured even during confinement.
Provisions Related to Animal Diseases
Specifically, the confinement requirement is governed by the Avian Influenza Ordinance (GeflPestSchV) . This ordinance provides that in the event of an occurrence or suspicion of an avian influenza outbreak (also known as bird flu), certain housing restrictions may be prescribed. Accordingly, the competent authorities may order the confinement of all birds kept in a particular region or farm.
Procedure and Ordering
The ordering of the confinement requirement is generally based on an assessment of the facts by the competent veterinary authorities. Relevant factors include the evaluation of the epidemiological situation (such as suspected or confirmed cases of avian influenza), expert opinions from the Friedrich Loeffler Institute (FLI), and regulations based on European law, in particular EU livestock breeding and animal health regulations.
An order is generally enacted by means of a general order or, in individual cases, by an individual administrative act and is limited both in area and time.
Purpose and Function of the Confinement Requirement
The main objective of the confinement requirement is to minimize the risk of introduction and further spread of animal diseases via contacts between kept poultry and wild birds. Since wild birds (especially waterfowl) are regarded as significant carriers and transmitters of the avian influenza virus, confinement interrupts such contacts and, accordingly, relevant infection pathways.
In addition to protecting livestock, the confinement requirement is also economically significant, since outbreaks of avian influenza may lead to export bans, restriction zones, and culling orders for stocks.
Scope and Extent
Obliged Keepers and Operations
The confinement requirement can affect commercial poultry-keeping operations, family farms, breeding establishments, but also small, private keepers . The requirement may also apply to ornamental birds and in zoos, as circumstances dictate.
The requirement generally encompasses all kept bird species, but the competent authority may, in individual cases, grant exceptions or impose restrictions.
Implementation of Confinement
Depending on the specific order and risk assessment, confinement can be implemented in various ways:
- Complete indoor confinement: All animals remain exclusively in enclosed barn systems.
- Outdoor keeping with special protective measures: Allowing outdoor access using roofs, side barriers, or nets that effectively prevent contact with wild birds.
The respective housing systems must be designed such that contact with wild birds, their droppings, feathers, or contaminated water is excluded. In addition, hygiene and biosecurity measures must be strictly observed.
Legal Consequences and Sanctions for Violations
Noncompliance with the confinement requirement constitutes administrative offences under the relevant animal disease law provisions, which may be subject to fines. In serious cases, animal disease control measures such as culling of the affected stocks or compensation liability for damages incurred are also possible.
Authorities regularly carry out inspections to monitor compliance with the confinement requirement, which are associated with the right of access for the involved authorities.
Exceptions and Special Regulations
Permits and Exceptional Cases
Authorities may permit exceptions from the confinement requirement under strict conditions, for example if the operation can demonstrate protection measures against contact with wild birds, or in the case of special housing systems (e.g., extensive free-range husbandry under special conditions). Such exceptions must be applied for on a case-by-case basis and are only granted if equivalent disease prevention can be demonstrated.
In some cases, certain hobby husbandries, zoos, or poultry exhibitions can be regulated differently, provided the animal disease risk assessment allows for this.
Integration in European Law and International Aspects
EU Legal Requirements
The ordering of the confinement requirement is closely linked to European law regulations, in particular the EU Animal Health Law (Animal Health Law, Regulation (EU) 2016/429) as well as specific implementing acts of the European Commission in the event of outbreaks of listed animal diseases. These provisions give rise to minimum requirements and obligations for Member States implementing protective measures.
International Impact
The implementation of the confinement requirement is also intended to minimize the impact on international trade in poultry meat and eggs, since countries practicing effective animal disease prevention receive preferred recognition and can avoid trade restrictions.
Procedure for Ordering and Lifting
The authorities regularly inform affected poultry keepers of the nature, scope, and duration of the confinement requirement. Lifting the requirement follows a renewed risk assessment and set animal hygiene criteria and may be associated with further protective measures (e.g., enhanced monitoring obligations).
Summary
Die Confinement Requirement is a central instrument of German and European animal disease law for disease prevention in poultry and bird keeping. It is based on numerous legal foundations, particularly the Animal Health Act and the Avian Influenza Ordinance. Detailed administrative procedures, clear rules on exceptions, and strict sanctions for violations are essential elements of this legal instrument. The confinement requirement makes a significant contribution to the prevention of animal disease outbreaks and to the protection of livestock as well as public and economic interests.
Frequently Asked Questions
Who is responsible for ordering a confinement requirement?
Responsibility for ordering a confinement requirement generally lies with the authorities designated by state law, typically the lower veterinary authorities of districts and independent cities. The legal basis, in particular the Avian Influenza Ordinance (§13), gives the responsible authority the ability to order a confinement requirement in designated restriction areas in case of an outbreak or increased risk of avian influenza. The order is issued via a general order or, in individual cases, by an administrative act and can apply to specific regions as well as individual operations.
What legal preconditions must be met for a confinement requirement to be ordered?
A confinement requirement may only be ordered if there are specific, factual indications of an increased risk of introduction or spread of avian influenza. Section 13 of the Avian Influenza Ordinance specifies that the competent authority is legally obliged to take appropriate measures in the event of danger—especially in case of an outbreak or justified suspicion of bird flu. The current risk situation, scientific findings, and recommendations of the Friedrich Loeffler Institute (FLI), as well as region-specific circumstances (such as proximity to wild bird populations or wetlands), must be taken into account.
Are there exceptions to the confinement requirement?
The Avian Influenza Ordinance allows the competent authority to grant exceptions to the confinement requirement under narrow conditions, especially if these are required for reasons of animal welfare or, in particular, for economic reasons, and if there is no risk of further spread. Such applications usually must be submitted in writing and explain the specific operating situation. Exceptions are often only granted if the operation can ensure, through technical or organizational means, that no contacts with wild birds occur (e.g., by fully covering runs with nets).
How long does a confinement requirement apply once ordered?
The duration of the confinement requirement depends on the persistence of the factual and legal risk situation. Statutory minimum or maximum durations are not expressly specified. The competent authority regularly checks whether the conditions for continued enforcement still exist. The requirement is lifted by a new general order or a lifting administrative act as soon as the risk of spreading infection is deemed sufficiently minimized, for example, when no further findings of infected wild birds occur and relevant observation periods have ended.
What legal consequences are there for violations of the confinement requirement?
Violations of an ordered confinement requirement constitute an administrative offence according to § 64 para. 1 no. 5 of the Avian Influenza Ordinance and may be sanctioned with a fine of up to 30,000 euros. In addition to the fine, in cases of repeated violation, the competent authority may take further animal welfare or disease control measures, such as ordering the clearance of stocks or slaughter of affected animals. In the event of proven transmission of disease, third parties or public authorities may assert claims for damages.
How is the confinement requirement officially announced?
Announcement of a confinement requirement generally occurs via a public general order, published by posting notices, on the websites of responsible authorities, or in regional (official) bulletins. In individual cases—for example with particular agricultural operations—notification may be given directly by administrative act. Addressees are, in particular, poultry keepers (private or commercial) as well as agricultural businesses in the affected area.
How does the confinement requirement relate to other legal provisions, such as the Animal Welfare Act?
The confinement requirement is always subject to compatibility with animal welfare law (in particular § 2 of the Animal Welfare Act), which requires appropriate housing and care for the animals. When ordering confinement, animal welfare requirements must be met through specific provisions for light, ventilation, space, and opportunities for activity. Therefore, allowing exceptions or ordering additional measures in individual cases is also possible to appropriately address conflicts between disease control and animal welfare law.
