2005/734/EC: Commission Decision of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (notified under document number C(2005) 4163)   (Text with EEA relevance)
Date: 2005-10-19
Institutions: European Commission
Subjects: avian influenza, bird, disease prevention, epidemic, health control, poultry, poultry farming, veterinary inspection

20.10.2005

EN

Official Journal of the European Union

L 274/105

COMMISSION DECISION

of 19 October 2005

laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian
influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and
other captive birds and providing for an early detection system in areas at particular risk

(notified under document number C(2005) 4163)

(Text with EEA relevance)

(2005/734/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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 (1), and in
particular Article 10(4) thereof,

Whereas:

(1)

(2)

for

in Council Directive
The measures provided
92/40/EEC of 19 May 1992 introducing Community
measures for the control of avian influenza (2) should
ensure the protection of animal health and should
contribute to the development of the poultry sector.

Following the outbreaks of highly pathogenic avian
influenza caused by Influenza virus A subtype H5N1,
which started in south-eastern Asia in December 2003,
the Commission adopted several Decisions to prevent the
introduction of this disease into the Community from
the affected third countries. Those Decisions provided
that imports into the Community from the concerned
countries of live poultry, other live birds, poultry meat
and certain other products of poultry origin, meat and
meat products of wild and farmed game birds, game
trophies of birds, eggs and egg products thereof were
banned, subject to limited exceptions.

(3)

The measures laid down in Commission Regulation (EC)
No 745/2004 of 16 April 2004 laying down measures
with regard to imports of products of animal origin for
personal consumption (3) clearly apply to meat and meat
products of wild and farmed game birds.

(5)

(6)

(7)

(8)

(9)

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

at

all designated EU points of

Regulation (EC) No 745/2004 requires all Member States
to bring the rules as laid down to the attention of
passengers
entry.
Member States should ensure that this information is
particularly brought to the attention of those passengers
arriving from avian influenza affected countries. The
information shall be displayed by prominent notices
placed in easily visible locations. International passenger
transport operators
shall draw the attention of all
they carry into the Community to the
passengers
the
animal
Community of products of animal origin.

conditions

imports

health

into

for

In relation to the risk that the Influenza A virus subtype
H5N1 could also be spread due to wild birds and in
particular migratory birds,
the Commission has also
adopted Decisions 2005/731/EC (4), 2005/732/EC (5)
and 2005/726/EC (6) providing for additional avian
influenza surveillance in domestic poultry and wild birds.

General requirements for the maintenance of a high level
of disease preparedness and in particular for the imple-
mentation of veterinary supervision and biosecurity
measures
legislation,
notably Directives 90/425/EEC and 92/40/EEC.

laid down in Communit

are

Highly pathogenic avian influenza caused by Influenza A
virus subtype H5N1 has been recently confirmed in
Turkey. Circumstantial evidence and molecular epide-
miology data strongly suggest that the avian influenza
virus has spread into this country proceeding from
central Asia via migratory birds.

Avian influenza has also been confirmed in Romania in a
backyard poultry farm in an area with a high density of
migratory birds.

In order to reduce the risk of highly pathogenic avian
influenza caused by Influenza A virus subtype H5N1
introduction into poultry farms and other premises
where birds are kept in captivity via wild birds it is
appropriate to strengthen the Community measures
already in place to tackle that risk.

(2) OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003

Act of Accession.

(3) OJ L 122 , 26.4.2004, p. 1.

(4) See page 93 of this Official Journal.
(5) See page 95 of this Official Journal.
(6) OJ L 273, 19.10.2005, p. 21.

L 274/106

EN

Official Journal of the European Union

20.10.2005

(10)

(11)

(12)

The measures of this Decision should be risk-based and
not limited to short term actions such as those imple-
mented within
the National
Contingency Plans for Avian Influenza or Newcastle
Disease, in case an outbreak occurs.

framework

the

of

The Member States should inform the Commission by
5 November 2005 of
the measures taken to ensure
proper implementation of this decision. Those measures
and, if appropriate, this Decision are to be reviewed in
the Standing Committee and Animal Health at
its
meeting scheduled for 10 and 11 November 2005.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Article 2

Early detection systems

1. Member States shall introduce early detection systems in
the areas of their territory that they have identified as being
particularly at risk for the introduction of avian influenza,
taking into account the criteria set out in Annex II to this
Decision.

2.
The early detection systems shall be aimed at a rapid
reporting of any sign of avian influenza in poultry and other
captive birds by the owners or keepers to the competent
veterinary authority.

HAS ADOPTED THIS DECISION:

In particular in this context, the criteria set out in Annex

3.
II shall be taken into account.

Article 1

Biosecurity measures

shall
the

avian influenza

take appropriate and practicable
1. Member States
transmission of highly
risk of
measures
to reduce
pathogenic
caused by Influenza A virus
subtype H5N1 (hereinafter ‘avian influenza’) from birds living
in the wild to poultry and other captive birds, taking into
account the criteria and risk factors set out in Annex I to this
Decision.

Article 3

The Member States shall amend their legislation so as to bring it
into compliance with this Decision and they shall give
immediate appropriate publicity to the measures adopted.
the
They
this
measures
Decision.

inform the Commission of
implementation of

taken to ensure proper

immediatly

shall

Depending on the specific epidemiological situation, the

2.
measures of paragraph 1 shall be directed in particular at:

The Decision shall apply until 31 January 2006.

Article 4

(a) preventing direct and indirect contact between birds living
in the wild, and in particular waterfowl, on the one hand
and poultry and other birds, and in particular ducks and
geese, on the other hand,

Article 5

This Decision is addressed to the Member States.

(b) ensuring separation between domestic ducks and geese from

other poultry.

Done at Brussels, 19 October 2005.

3. Member States shall ensure that when animal health
checks are undertaken on poultry holdings, they shall be done
in a way to ensure compliance with the provisions of this
Decision.

For the Commission

Markos KYPRIANOU
Member of the Commission

20.10.2005

EN

Official Journal of the European Union

L 274/107

Criteria and risk factors to be considered when applying the measures set out in Article 1 on individual poultry
Holdings

ANNEX I

PART I

Risk factors for virus introduction into poultry

— Location of the holding along migratory flight paths of birds, in particular if proceeding from central and eastern Asia,

the Caspian Sea and the Black Sea areas;

— Distance of the holding from wet areas, ponds, swamps, lakes or rivers where migratory water fowl may gather;

— Location of the poultry holdings in areas with a high density of migratory birds, particualrly waterfowl;

— Poultry or other captive birds kept in an open-air holdings, or in any other premises in which contact between wild

birds and poultry or other captive birds cannot be sufficiently prevented.

Additional risk factors for within holdings and holding-to-holding virus spread

PART II

— Location of poultry holding in areas with high densities of poultry holdings;

— Intensity of movements of poultry and other captive birds, vehicles and persons within and from holdings and other

direct and indirect contacts between holdings.

Criteria to be considered for commerical poultry Holdings when applying the measure set out in Article 2

ANNEX II

— Drop in feed and water intake higher than 20 %,

— Drop in egg production higher than 5 % for more than two days,

— Mortality rate higher than 3 % in a week,

— Any clinical sign or post-mortem lesion suggesting avian influenza.