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            COMMISSION DECISION         

of 22 February 2006         

concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community

(notified under document number C(2006) 597)

(Text with EEA relevance)

(2006/135/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Regulation (EC) No 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular Article 18 thereof,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (4), and in particular Article 66(2) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Subject matter, scope and definitions

1.   This Decision lays down certain protection measures to be applied in cases of highly pathogenic avian influenza in poultry in the territory of a Member State (hereinafter the ‘affected Member State’), caused by influenza A virus of subtype H5 suspected (‘suspected outbreak’) or confirmed (‘outbreak’) to be of the neuraminidase type N1, in order to prevent the spread of avian influenza into the disease free parts of the Community through movement of poultry, other birds as well as products thereof.

2.   Except as otherwise provided, the definitions of Directive 2005/94/EC shall apply. In addition, the following definitions shall apply:

3.   For the purpose of this Decision the following shall also apply:

4.   The measures set down in this Decision shall be applied without prejudice to the measures to be applied in the event of an outbreak of avian influenza in poultry taken in accordance with Directive 92/40/EEC.

Article 2

Establishment of areas A and B

1.   Immediately following an outbreak or suspected outbreak of highly pathogenic avian influenza caused by influenza A virus of subtype H5 suspected or confirmed to be of the neuraminidase type N1, the affected Member State shall establish areas A and B, having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza, and notify them to the Commission, to the other Member States and, as appropriate, to the public.

2.   The Commission, in collaboration with the affected Member State, shall examine the areas established by the affected Member State and take the appropriate measures in relation to those areas pursuant to Article 9(3) and (4) of Directive 89/662/EEC or to Article 10(3) or (4) of Directive 90/425/EEC.

3.   If the neuraminidase type is confirmed as being different from N1, or the virus as of low pathogenicity, the affected Member State shall abolish the measures taken by it in relation to the areas concerned and notify the Commission and the other Member States.

The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and to Article 10(3) or (4) of Directive 90/425/EEC.

4.   If the presence of a highly pathogenic influenza A virus, notably of the subtype H5N1, is confirmed in poultry, the affected Member States shall:

The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and to Article 10(3) or (4) of Directive 90/425/EEC.

Article 3

General prohibition

1.   The affected Member State shall ensure that no live poultry and live birds other than poultry, and hatching eggs thereof are:

2.   The affected Member State shall ensure that no products other than hatching eggs of the species referred to in paragraph 1 and of wild feathered game are:

Article 4

Derogations for live birds and day-old chicks

1.   By way of derogation from Article 3(1), the affected Member State may authorise the transport of poultry or farmed feathered game, including spent laying hens,

2.   By way of derogation from Article 3(1), the affected Member State may authorise the transport of day-old chicks:

3.   By way of derogation from Article 3(1), the affected Member State may authorise the transport of ready-to-lay pullets, turkeys for fattening and other poultry or farmed feathered game:

4.   By way of derogation from Article 3(1), the affected Member State may authorise transport of birds accompanying their owner to premises outside the area A or area B, if the consignment either consists of not more than 5 caged birds from holdings not keeping poultry or is destined for a quarantine established in accordance with Decision 2000/666/EC, and the birds are accompanied by a veterinary certificate in accordance with the model set up in Annex II, certifying compliance with the established animal health conditions, where required based on owners’ declaration in accordance with the model set up in Annex III.

5.   The animal health certificates in accordance with Model 2 of Annex IV to Council Directive 90/539/EEC accompanying consignments of day-old chicks referred to in paragraph 2(c) and (e) shall include the words:

                  ‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’               

6.   Movements allowed in paragraphs 1(a), 2(a) and 3(a) shall be directly executed, under official control. They shall be authorised only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use.

Article 5

Derogations for hatching eggs

1.   By way of derogation from Article 3(1), the affected Member State may authorise the dispatch of hatching eggs:

2.   Movements allowed in paragraph 1(a) shall be directly executed, under official control and only after the official veterinarian has carried out a health inspection of the holding and the means of transport are cleaned and disinfected before and after use.

3.   The animal health certificates in accordance with Model 1 of Annex IV to Council Directive 90/539/EEC accompanying consignments of hatching eggs referred to in paragraph 1(c) and (d) to other Member States shall include the words:

                  ‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’               

Article 6

Derogations for meat, minced meat, meat preparations, mechanically separated meat and meat products

1.   By way of derogation from Article 3(2), the affected Member State shall authorise the dispatch of:

2.   By way of derogation from Article 3(2), the affected Member State shall authorise the dispatch of:

3.   The affected Member State shall ensure that the products referred to in paragraphs 1(b), (c) and 2(b), (c), (d) are accompanied by commercial documents stating:

                  ‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’               

Article 7

Derogations for eggs for human consumption and egg products

1.   By way of derogation from Article 3(2), the affected Member State may authorise the dispatch of eggs collected from holdings in the protection or surveillance zone:

2.   By way of derogation from Article 3(2), the dispatch to any destination shall be allowed for:

3.   The affected Member State shall ensure that consignments of eggs for human consumption referred to in paragraph 1(a) are accompanied by commercial documents stating:

                  ‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/135/EC.’               

Article 8

Derogation for animal by-products

1.   By way of derogation from Article 3(2), the affected Member State shall authorise:

2.   The affected Member State shall ensure that the products referred to in paragraph 1(b) and (c) of this Article are accompanied by a commercial document in accordance with Chapter X of Annex II to Regulation (EC) No 1774/2002 stating, in the case of the products referred to in paragraph 1(c) of this Article, in point 6.1 of that document that those products have been treated with a steam current or by some other method ensuring that no pathogens remains.

However, that commercial document shall not be required for processed decorative feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purpose.

Article 9

Conditions for movements

1.   Where movements of animals or products thereof covered by this Decision are authorised under Articles 4, 5, 6, 7 and 8, the authorisation shall be based on the favourable outcome of a risk assessment carried out by the competent authority and all appropriate biosecurity measures shall be taken to avoid the spread of avian influenza.

2.   Where the dispatch, movement or transport of products referred to in paragraph 1 are authorised under Articles 5, 6, 7 and 8, subject to justified conditions or limitations, they must be obtained, handled, treated, stored and transported without compromising the animal health status of other products fulfilling all the animal health requirements for trade, placing on the market or export to third countries.

Article 10

Compliance and Information

All Member States shall immediately adopt and publish the measures necessary to comply with this Decision. They shall immediately inform the Commission thereof.

The affected Member State shall apply those measures as soon as it reasonably suspects the presence of highly pathogenic avian influenza virus, in particular of the subtype H5N1, in poultry.

The affected Member State shall regularly provide to the Commission and the other Member States the necessary information on the epidemiology of the disease and, where appropriate the additional control and surveillance measures and the awareness campaigns implemented.

Article 11

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 22 February 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC (OJ L 157, 30.4.2004, p. 33).

(2)OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3)OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(4)OJ L 10, 14.1.2006, p. 16.

(5)OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003.

(6)OJ L 10, 14.1.2006, p. 16.

(7)OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003 Act of Accession.

(8)OJ L 139, 30.4.2004, p. 206; corrected version in OJ L 226, 25.6.2004, p. 83; Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(9)OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(10)OJ L 274, 20.10.2005, p. 105. Decision as last amended by Decision 2005/855/EC (OJ L 316, 2.12.2005, p. 21).

(11)OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 321).

(12)OJ L 139, 30.4.2004, p. 55; corrected version in OJ L 226, 25.6.2004, p. 22; Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(13)OJ L 18, 23.1.2003, p. 11.

(14)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

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ANNEX I

PART A

Area A as referred to in Article 2(1):

PART B

Area B as referred to in Article 2(2):

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ANNEX II

Model certificate for the movement of pet birds in accordance with Article 4(4):
Text of image

EUROPEAN COMMUNITY Intra trade certificate

I.1. Consignor

Name Address Postal code

I.2. Certificate reference number

I.2.a. Local reference number:

I.3. Central Competent Authority

I.4. Local Competent Authority

I.5. Consignee Name Address Postal code

I.6. No.(s) of accompanying documents

I.7.

I.8. Country of origin

ISO code

I.9. Region of origin

Code

I.10. Country of destination

ISO code

I.11. Region of destination

Code

I.12. Place of origin Holding Approved body Other

Name Approval number

Address Postal code

I.13. Place of destination Holding Approved body Quarantine

Other

Name Approval number

Address Postal code

I.14. Place of loading Postal code

I.15. Date and time of departure

I.16. Means of transport Aeroplane Ship Railway wagon

Road vehicle Other

Identification:

I.17. Transporter Name Approval number

Address Postal code Member state

I.18. Animal species/Product

I.19. Commodity code (CN code)

I.20. Number/Quantity

I.21.

I.22. Number of packages

I.23. Identification of container/Seal number

I.24.

I.25. Animals certified as/products certified for:

Breeding Pets Approved body Quarantine

I.26. Transit through third country

Third country ISO code

Exit point Code

Entry point BIP unit no.:

I.27. Transit through Member states

Member state ISO code

Member state ISO code

Member state ISO code

I.28.

I.29.

I.30.

I.31. Identification of the animals/products Species (Scientific name) Identification system Identification number Age Sex Quantity

Part I: Details of consignment presented

Text of image

MEMBER STATE Pet birds

II. Health information

II.a. Certificate reference number

II.b. Local reference number

I, the undersigned official veterinarian of (insert name of country) certify that:

1. The birds described in point I.31.have been subjected today, within 48 hour or the last working day prior to dispatch, to a clinical inspection and found free of obvious signs of disease;

2. The birds comply with at least one of the following conditions:

either [they have been confined on the premises specified in point I.12 under official supervision for at least 30 days prior to dispatch and effectively protected from contacts with other birds] (1)

or [they are destined, as indicated in point I.13. for a quarantine station approved in accordance with Article 3(4) of Decision 2000/666/EC] (1)

3. The owner or the representative of the owner has declared:

3.1. The birds will be accompanied during the movement by a person that is responsible for the animals.

3.2. The animals are not intended for commercial purposes.

3.3. During the period between the pre-movement veterinary inspection and the factual departure the birds will remain isolated from any possible contact with other birds.

either [3.4. The animals have undergone the 30 days pre-movement isolation without coming into contact to any other birds not covered by this certificate.] (1)

or [3.4. I have made arrangements for the 30 days post-introduction quarantine at the quarantine premises of ..., as indicated in point I.13. of the certificate.] (1)

Notes

(1) Delete as necessary.

(2) The certificate is valid for 10 days. In case of transport by boat the validity is prolonged by the time of the sea voyage.

Official veterinarian:

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

Part II: Certification

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ANNEX III

Declaration of the owner or representative of the owner of the pet birds as required by Article 4 (4):
Text of image

I, the undersigned owner (a)/representative of the owner (a) declare that:

1. The birds will be accompanied during the movement by a person that is responsible for the animals.

2. The animals are not intended for commercial purposes.

3. During the period between the pre-movement veterinary inspection and the factual departure the birds will remain isolated from any possible contact with other birds.

4. The animals have undergone the 30 days pre-movement isolation without coming into contact to any other birds not covered by this certificate (a).

5. I have made arrangements for the 30 days post-introduction quarantine at the quarantine premises of , as indicated in point I.13. of the certificate (a).

Date and Place

Signature

(a) delete as appropriate

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ANNEX IV

Details of the identification mark referred to in Article 6 (1) (d) (i):

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(1)  means the relevant country code provided for in point 6 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.

(2)  means the approval number of the establishment referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.

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