2005/745/EC: Commission Decision of 21 October 2005 amending Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of 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) 4199)   (Text with EEA relevance)
Date: 2005-10-21
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, health legislation, infectious disease, livestock farming, poultry, safety standard

22.10.2005

EN

Official Journal of the European Union

L 279/79

COMMISSION DECISION

of 21 October 2005

amending Decision 2005/734/EC laying down biosecurity measures to reduce the risk of
transmission of highly pathogenic avian influenza caused by influenza A virus of 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) 4199)

(Text with EEA relevance)

(2005/745/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:

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
to animal and public health and to
serious
reduce sharply the profitability of poultry farming.
There is a risk that the disease agent might be introduced
via international
trade in live poultry and poultry
products.

threat

Highly pathogenic avian influenza caused by influenza A
virus of subtype H5N1 has been recently confirmed in
third countries neighbouring the Community. Circum-
stantial
epidemiology data
and molecular
strongly indicate that
the avian influenza virus has
spread via migratory birds.

evidence

(1)

(2)

(3)

are kept

In order to reduce the risk of highly pathogenic avian
influenza caused by influenza A virus of subtype H5N1
being introduced into poultry farms and other premises
where birds
in captivity via wild birds,
Commission Decision 2005/734/EC of 19 October
2005 laying down biosecurity measures to reduce the
risk of
avian
influenza caused by influenza A virus of 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 (3), was adopted.

transmission of highly pathogenic

(5)

Pursuant to that Decision, Member States are to identify
individual holdings keeping poultry or other captive
birds, which according to epidemiological and ornitho-
logical data should be considered particularly at risk from
the avian influenza A virus of subtype H5N1 spread via
wild birds.

(6) With the approach of the new migratory season for wild
birds in the Community and reports concerning new
outbreaks of avian influenza in third countries neigh-
bouring the Community, it is appropriate to strengthen
and, where appropriate, to supplement the Community
to Decision
measures
2005/734/EC in order
the
spread of avian influenza.

to mitigate the risk of

in place pursuant

already

(7)

Decision 2005/734/EC should therefore be amended
accordingly.

To monitor the situation in the Member States,
the
Commission adopted Decision 2005/732/EC of 17
October 2005 approving the programmes for the imple-
mentation of Member States' surveys for avian influenza
in poultry and wild birds during 2005 and laying down
reporting and eligibility rules
the Community
financial contribution to the implementation costs of
those programmes (2).

for

(8)

(9)

Member States are to inform the Commission by 5
taken to ensure
November 2005 of
proper implementation of this Decision.

the measures

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

in this Decision are in
Standing
the

opinion

the

of

(1) 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).
(2) OJ L 274, 20.10.2005, p. 95.

(3) OJ L 274, 20.10.2005, p. 105.

L 279/80

EN

Official Journal of the European Union

22.10.2005

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/734/EC is amended as follows:

1. The following Article 2a is added:

‘Article 2a

Additional risk mitigating measures

1. Member States shall ensure that in the areas of their
territory that they have identified as being particularly at risk
for the introduction of avian influenza, in accordance with
Article 1(1), the following conditions are complied with:

(a)

the keeping of poultry in the open air is prohibited
without undue delay; however, the competent authority
may authorise the keeping of poultry in the open air,
provided the poultry are provided with food and water
indoors or under a shelter which sufficiently discourages
the landing of wild birds and prevents contact by wild
birds with the feed or water intended for poultry;

(b) outdoor water reservoirs required for animal welfare
for certain poultry are sufficiently screened

reasons
against wild waterfowl;

(c)

the poultry is not be provided with water from surface
water reservoirs accessed by wild birds, unless such water
was treated to ensure inactivation of possible virus;

(d) the use of birds of the orders Anseriformes and Charadrii-
formes as decoy during bird-hunting is prohibited;

however, such birds may be used as decoy under the
strict supervision of
the competent authority for the
attraction of wild birds intented for sampling in the
framework of
the surveillance programme set up in
Decision 2005/732/EC.

2. Member States shall ensure that
the collection of
poultry and other birds on markets, shows, exhibitions and
cultural
competent
is prohibited; however
authority may authorise the collection of poultry and other
captive birds on such premises subject to the favourable
outcome of a risk assessment.’

events

the

2. The date ‘31 January 2006’ in Article 4 is replaced by the

words ‘1 December 2005’.

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 21 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission