(1)

Articles 1, 2 and 3 are replaced by the following: ‘Article 1 Subject matter and scope 1. This Decision establishes at Union level the protection and surveillance zones to be established in accordance with Article 16(1) of Directive 2005/94/EC by the Member States listed in Annex I to this Decision (“the concerned Member States”), following an outbreak or outbreaks of highly pathogenic avian influenza in poultry, and the duration of the measures to be applied in accordance with Article 29(1) and Article 31 of Directive 2005/94/EC. 2. This Decision lays down certain protection measures to be implemented in relation to highly pathogenic avian influenza in Member States or areas thereof as referred to in Annex II, concerning: (a) movements of poultry and day-old chicks within those Member States or areas thereof; (b) the dispatch of consignments of poultry and day-old chicks from holdings located in those Member States or areas thereof. The duration of those protection measures shall be in accordance with the duration of the protection and the surveillance zones for those areas, listed in Annex I. Article 2 Areas to be listed in Part A of Annex I and the duration of the measures to be applied therein The concerned Member States shall ensure that: (a) the protection zones established by their competent authorities, in accordance with Article 16(1)(a) of Directive 2005/94/EC, comprise at least the areas listed as protection zones in Part A of Annex I to this Decision; (b) the measures to be applied in the protection zones, as provided for in Article 29(1) of Directive 2005/94/EC, are maintained until at least the dates for the protection zones set out in Part A of Annex I to this Decision. Article 3 Areas to be listed in Part B of Annex I and the duration of the measures to be applied therein The concerned Member States shall ensure that: (a) the surveillance zones established by their competent authorities in accordance with Article 16(1)(b) of Directive 2005/94/EC, comprise at least the areas listed as surveillance zones in Part B of Annex I to this Decision; (b) the measures to be applied in the surveillance zones, as provided for in Article 31 of Directive 2005/94/EC, are maintained until at least the dates for the surveillance zones set out in Part B of Annex I to this Decision. Article 3a Protection measures to be applied in the areas referred to in Annex II 1. The Member States listed in Annex II shall prohibit: (a) the movement of poultry and day-old chicks from holdings located in the areas referred to in Annex II to other holdings located within those areas; (b) the dispatch of consignments of poultry and day-old chicks from holdings located in the areas referred to in Annex II. (c) the movement of poultry and day-old chicks originated from holdings located in areas of the same Member State not referred to in Annex II, or from holdings located in other Member States or third countries, to holdings located in the areas referred to in Annex II. 2. By way of derogation from the prohibitions provided for in paragraph 1, the Member States referred to in Annex II may, following the positive outcome of a risk assessment and provided that appropriate risk mitigation and reinforced biosecurity measures are applied to prevent the introduction and the spread of the highly pathogenic avian influenza virus, including at the holding of destination, authorise: (a) the movement of poultry and day-old chicks coming from holdings located in areas not listed in Annex I of the same Member State, or from other Member States or third countries, to holdings located in the surveillance zones established in Annex I for the areas referred to in Annex II. (b) the movement of poultry originating in a holding located in the surveillance zone established in Annex I for the areas referred to in Annex II to a holding located within the same surveillance zone where there is no other poultry, provided that: (i) a clinical examination of the poultry on the holding of origin has been carried out by an official veterinarian on the day of the dispatch; (ii) laboratory tests have been carried out on poultry on the holding of origin in accordance with the diagnostic manual, within 48 hours before the time of dispatch, with favourable results; (iii) the holding of destination is placed under official surveillance following the arrival of the poultry; (c) the dispatch of consignments of poultry for immediate slaughter from holdings located in the areas referred to in Annex II to a designated slaughterhouse within the relevant protection or surveillance zones or outside the relevant protection and surveillance zones, if there is no appropriate slaughterhouse or limitations in slaughtering capacity within the relevant protection and surveillance zones, provided that conditions set in Article 23(1)(a) to (h) of Directive 2005/94/EC and in point (b)(i) and (ii) of this Article are fulfilled; (d) the dispatch of consignments of day-old chicks from the protection and surveillance zones established for the areas referred to in Annex II to a holding located in the same Member State outside the areas referred to in Annex II, in accordance with the conditions provided in Article 24 and point (c)(iii) of Article 30 of Directive 2005/94/EC. 3. Poultry and day-old chicks referred to in paragraph 2(b), (c) and (d) shall only be transported in vehicles, cages, containers, boxes, as appropriate, that have been cleaned and disinfected under official supervision and in accordance with the instructions of the official veterinarian.’;