Council Directive 2005/94/EC of  20 December 2005  on Community measures for the control of avian influenza and repealing Directive 92/40/EEC
Date: 2005-12-20
Institutions: Council of the European Union
Subjects: avian influenza, health control, poultry, trade restriction, vaccination, veterinary inspection

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COUNCIL DIRECTIVE 2005/94/EC

of 20 December 2005

on Community measures for the control of avian influenza and repealing Directive 92/40/EEC

THE COUNCIL OF THE EUROPEAN UNION,

of poultry on a scale, which can threaten in particular the
profitability of poultry farming as a whole.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(1)

(2)

(3)

Avian influenza is a serious, highly contagious disease of
poultry and other captive birds caused by different types
of influenza viruses. Those viruses may also spread to
mammals, in particular pigs, and humans.

Since poultry is covered by live animals listed in Annex I
the Community's tasks in the
to the Treaty, one of
to improve the health status of
veterinary field is
poultry, thereby facilitating trade in poultry and poultry
products and ensuring the development of this sector.
Furthermore, a high level of human health protection is
to be
and implementing
ensured when defining
Community policies and activities.

Influenza viruses include a large number of different
virus strains. The level of risks posed by the different
strains of influenza viruses for animal and public health
is very variable and to some extent unpredictable, due to
rapid virus mutation and possible re-assortment of the
genetic material between different strains.

(4)

The infection with certain strains of influenza viruses of
avian origin may trigger outbreaks in domestic birds of
epizootic proportions, causing mortality and disturbances

(5)

(6)

(7)

(8)

(9)

Community measures for the control of avian influenza
were established by Council Directive 92/40/EEC of 19
May 1992 introducing Community measures for the
control of avian influenza (3),
in order to ensure the
protection of animal health and contribute to the devel-
opment of the poultry sector.

The measures laid down in Directive 92/40/EEC should
be fundamentally reviewed in the light of recent scientific
knowledge on the risks of avian influenza for animal and
public health, development of new laboratory tests and
vaccines and the lessons learnt during recent outbreaks of
this disease in the Community as well as in third
countries.

The new Community measures should also take account
of the most recent opinions delivered by the Scientific
Committee on Animal Health and Animal Welfare and
by the European Food Safety Authority (EFSA) and the
changes in the Terrestrial Animal Health Code and the
Manual of Diagnostic Tests and Vaccines for Terrestrial
Animals of the International Office of Epizootics (O.I.E.)
on avian influenza.

Certain influenza viruses of avian origin may in some
circumstances affect humans and may then pose a
serious risk to public health. The provisions of
this
Directive, which aim at fighting the disease in farmed
to preventing
animals,
could indirectly
this stage,
public health problems. However,
chiefly for the Member States to tackle such problems.

contribute

is, at

it

At Community level, the human health risks posed by
influenza viruses are primarily dealt with by other actions
and legal acts. These concern in particular the European
Centre for Disease Prevention and Control
(hereinafter
referred to as ‘ECDC’), established by Regulation (EC)
No 851/2004 of the European Parliament and of the
Council (4),
the
recommendations
Commission on Community Influenza pandemic prepa-
redness and response planning,
the European Union
Early Warning and Response System and the estab-
lishment of the European Influenza Surveillance Scheme.

issued

the

by

(1) Opinion delivered on 1 December 2005 (not yet published in the

Official Journal).

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

(2) Opinion delivered on 28 September 2005 (not yet published in the

Act of Accession.

Official Journal).

(4) OJ L 142, 30.4.2004, p. 1.

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(10)

(11)

(12)

(13)

It is appropriate, however, for the Commission to assess
together with ECDC whether further public health or
workers' health and safety measures, complementing
the animal health provisions of
this Directive are
needed at Community level to address the risks posed
by certain influenza viruses of avian origin to humans
and in particular for workers in contact with infected
animals
legislative
proposals.

any necessary

to present

and

Current knowledge indicates that the health risks posed
by the so-called low pathogenic avian influenza viruses
are inferior to the risks posed by highly pathogenic avian
influenza viruses, which originate from a mutation of
certain low pathogenic viruses.

in a proportionate

Community legislation for the control of avian influenza
should enable Member States to adopt disease control
and flexible manner,
measures
taking into account the various levels of risk posed by
different virus strains,
the likely social and economic
impact of the measures in question on the agriculture
the same
sector and other sectors involved while at
time ensuring that the measures taken for each specific
disease scenario are the most appropriate.

the potential of

low pathogenic avian
In view of
influenza viruses
to mutate into highly pathogenic
avian influenza viruses, provision should be made for
the early detection of infection in poultry aimed at a
quick reaction and the adoption of appropriate and
proportionate control and eradication measures which
should include a system of active surveillance to be
carried out by Member States. Such surveillance should
follow general guidelines to be adapted in the light of
further knowledge and developments in this field.

infection should set

(14) Any suspicion of avian influenza infection which may
arise from clinical or laboratory investigations or any
other reason that leads to the suspicion of the presence
of
in motion immediate official
investigations so that prompt and effective action can
be taken, as appropriate. Such action should be rein-
infection is
forced as
the presence of
confirmed to include depopulation of
the holdings
infected and of those which are at risk of infection.

soon as

(15)

In the case of detection of infection with low pathogenic
avian influenza virus, control measures may differ from
those which should apply in the case of detection of
highly pathogenic avian influenza virus,
taking into
account the different levels of risk posed by these two
conditions.

(16) Disease control measures and in particular the estab-
lishment of restriction zones should also be modulated
taking into account the density of the poultry population
as well as other risk factors in the area in which the
infection has been detected.

(17)

(18)

(19)

(20)

(21)

If an outbreak occurs, it is also necessary to prevent any
further spread of infection by carefully monitoring and
restricting movements of poultry and the use of products
liable to be contaminated, by tightening biosecurity
measures
levels of poultry production, by
cleansing and disinfecting the infected holding, by estab-
lishing protection and surveillance zones around the
outbreak and, if necessary, by vaccination.

all

at

Community measures
control of highly
pathogenic avian influenza should be based first on the
depopulation of the infected flocks, in accordance with
Community legislation on animal welfare.

the

for

sets out

Council Directive 93/119/EC of 22 December 1993 on
the protection of animals at the time of slaughter or
killing (5)
the
protection of animals at the time of slaughter or killing
including for the purpose of disease control. Such rules
apply fully to slaughter or killing pursuant
to this
Directive.

the minimum standards

for

Vaccination against avian influenza can be an effective
tool to supplement disease control measures and to avoid
massive killing and destruction of poultry or other
captive birds. Current knowledge suggests that vacci-
nation may be useful not only as a short-term measure
in emergencies but also as a long-term measure to
prevent disease in situations of higher risk of
intro-
duction of avian influenza viruses from wild life or
other sources. Provisions should therefore be established
for both emergency and preventive vaccination.

and restriction measures

although protected against

Vaccinated poultry,
the
clinical signs of disease, may become infected and thus
contribute to the further spread of the infection. Vacci-
nation must therefore be accompanied by appropriate
established at
surveillance
Community level. Therefore,
the vaccination strategy
should allow differentiation between infected and
vaccinated animals. Products of vaccinated poultry, such
as meat and table eggs, should be then placed on the
market in accordance with the relevant Community legis-
lation, including this Directive.

(5) OJ L 340, 31.12.1993, p. 21. Directive as last amended by Council

Regulation (EC) No 1/2005 (OJ L 3, 5.1.2005, p. 1).

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It should also be made possible for the Community and
the Member States to establish reserves of vaccine against
avian influenza to be used in poultry or other captive
birds in the case of an emergency.

additional or different measures where necessary to
enhance further avian influenza control measures.

(22)

(23)

(24)

(25)

(26)

(27)

Provisions should be adopted to ensure that harmonised
procedures and methods are used for the diagnosis of
a
avian
Community reference laboratory as well as reference
laboratories in Member States.

functioning

influenza,

including

the

of

Provisions should be adopted to ensure the necessary
level of preparation by Member States effectively to
tackle emergency situations caused by one or more
outbreaks of avian influenza,
in particular by drawing
up contingency plans and setting up control centres.

facility or

as provided for

If avian influenza is detected during importation in a
quarantine
in
centre,
Commission Decision 2000/666/EC of 16 October
2000 laying down the animal health requirements and
the veterinary certification for the import of birds, other
than poultry and the conditions for quarantine (6), this
reported to the Commission. However,
should be
reporting
by Council Directive
for
82/894/EEC of 21 December 1982 on the notification
of animal diseases within the Community (7), in cases of
outbreaks in Member States would not be appropriate.

provided

as

Cleansing and disinfection should be an integral part of
the Community control policy for avian influenza. Disin-
fectants should be used in compliance with Directive
98/8/EC of the European Parliament and of the Council
of 16 February 1998 concerning the placing of biocidal
products on the market (8).

concerning

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
laying down health rules
animal by-
products not intended for human consumption (9) lays
down the rules on the collection,
transport, storage,
handling, processing and use or disposal of animal by-
products including animals killed to eradicate epizootic
diseases,
them from presenting a risk to
animal and public health. That Regulation and its imple-
menting measures provide for a general framework for
the disposal of dead animals. Provision should be made
for the adoption, by the committee procedure, of specific,

to prevent

(6) OJ L 278, 31.10.2000, p. 26. Decision as last amended by Decision

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

(7) OJ L 378, 31.12.1982, p. 58. Directive as last amended by
Commission Decision 2004/216/EC (OJ L 67, 5.3.2004, p. 27).
(8) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(9) 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).

(28)

the

European
Regulation (EC) No 853/2004 of
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (10)
and Regulation (EC) No 852/2004 of
the European
Parliament and of the Council of 29 April 2004 on
foodstuffs (11) may be applied under
the hygiene of
certain conditions to eggs originating from holdings
where poultry suspected of being infected with avian
influenza is kept.

(29) Member States

should lay down rules on penalties
applicable to infringements of
this
Directive and ensure that they are implemented. Those
penalties
and
dissuasive.

the provisions of

proportionate

effective,

should

be

(30)

(31)

(32)

(33)

for

to be made to the Annexes

the possibility for
Provision should be made
to this
amendments
Directive when necessary without delay in order
to
take account of developments in scientific and technical
knowledge.

is

appropriate

the unpredictability of
that
to ensure

influenza
Taking into account
swift
a
it
viruses,
procedure is also in place for a rapid adoption at
Community
specific
measures to control any infection of poultry and other
animal species whenever such measures are necessary.

additional or more

level of

This Directive should set out
the minimum control
measures to be applied in the event of an outbreak of
captive birds.
avian influenza in poultry or other
However, Member
to take more
stringent administrative and sanitary action in the field
covered by this Directive.
this Directive
should provide for Member States' authorities to apply
measures proportionate to the health risk posed by
different disease situations.

In addition,

States

free

are

In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of the
basic objectives of ensuring the development of
the
poultry sector and contributing to the protection of
animal health, to lay down rules on specific measures
and minimum measures aimed at the prevention and
control of avian influenza. This Directive does not go
to achieve the
beyond what
is necessary in order
objectives pursued,
third
paragraph of Article 5 of the Treaty.

in accordance with the

(10) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,

25.6.2004, p. 22.

(11) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

25.6.2004, p. 3.

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(34)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
conferred on the Commission (12).

the exercise of

Article 2

Definitions

For the purposes of this Directive, the following definitions shall
apply:

(35)

In the interests of clarity and rationality of Community
legislation, Directive 92/40/EEC should be repealed and
replaced by this Directive.

1.

‘avian influenza’ means any of the influenza infections so
described in Annex I(1);

(36)

The Council, in accordance with point 34 of the Inter-
law making (13),
Institutional Agreement on better
encourages Member States to draw up, for themselves
and in the interest of the Community, their own tables
illustrating, as far as possible, the correlation between this
Directive and the transposition measures and to make
them public,

2.

‘highly pathogenic avian influenza (HPAI)’ means any of the
avian influenza infections so described in Annex I(2);

3.

‘low pathogenic avian influenza (LPAI)’ means any of the
avian influenza infections so described in Annex I(3);

HAS ADOPTED THIS DIRECTIVE:

4.

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.

This Directive sets out:

(a) certain preventive measures relating to the surveillance and
the early detection of avian influenza and increasing the
level of the competent authorities' and the farming commu-
nity's awareness of, and preparation for, the risks of that
disease;

(b) the minimum control measures to be applied in the event
of an outbreak of avian influenza in poultry or other captive
birds and the early detection of possible spread of avian
influenza viruses to mammals;

(c) other subsidiary measures to avoid the spread of influenza

viruses of avian origin to other species.

2. Member States shall remain free to take more stringent
measures in the field covered by this Directive.

‘poultry’ means all birds that are reared or kept in captivity
for the production of meat or eggs for consumption, the
production of other products, for restocking supplies of
any breeding
game birds or
programme for the production of these categories of birds;

the purposes of

for

5.

‘wild bird’ means a free-living bird which is not kept on
any holding as defined in point 8;

6.

‘other captive bird’ means any bird other than poultry that
is kept in captivity for any reason other than those referred
to in point 4 including those that are kept for shows, races,
exhibitions, competitions, breeding or selling;

7.

8.

‘officially registered rare breeds of poultry or other captive
birds’ means any poultry or other captive birds that the
competent authority has officially recognised as a rare
breed within their contingency plan provided for
in
Article 62;

any

‘holding’ means
agricultural or other premises,
including hatcheries, circuses, zoos, pet bird shops, bird
markets, and aviaries, where poultry or other captive
birds are being bred or kept . However, this definition
does not include slaughterhouses, means of transport, quar-
antine facilities and centres, border inspection posts and
laboratories authorised by the competent authority to
hold avian influenza virus;

(12) OJ L 184, 17.7.1999, p. 23.
(13) OJ C 321, 31.12.2003, p. 1.

9.

‘commercial poultry holding’ means a holding where
poultry are kept for commercial purposes;

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10.

‘non-commercial holding’ means a holding where poultry
or other captive birds are kept by their owners:

19.

‘official veterinarian’ means the veterinarian designated by
the competent authority;

(a)

for their own consumption or use; or

(b) as pets;

11.

‘poultry compartment’ or ‘other captive birds compartment’
means a holding or holdings under a common biosecurity
management system containing a poultry or other captive
birds sub-population with a distinct health status with
respect
subjected to appropriate
surveillance, control and biosecurity measures;

to avian influenza

12.

‘flock’ means all poultry or other captive birds within a
single production unit;

13.

‘production unit’ means a unit on a holding which the
official veterinarian is satisfied is completely independent
of any other unit in the same holding in terms of
its
location and day-to-day management of
the poultry or
other captive birds kept there;

20.

‘official surveillance’ means the action of careful monitoring
by the competent authority of the health status of poultry
or other captive birds or mammals on a holding in relation
to avian influenza;

21.

the actions

‘official
supervision’ means
taken by the
competent authority to verify that
the requirements of
this Directive and of any instructions from that authority
as to how those requirements should be met are being, or
have been, complied with;

22.

‘killing’ means any process other than slaughter causing the
death of a mammal, poultry or other captive birds;

23.

‘slaughter’ means any process causing the death of a
mammal or poultry by bleeding,
the purpose of
human consumption;

for

24.

‘disposing of’ means the act of collecting,
transporting,
storing, handling, processing and using or disposing of
animal by-products in accordance with:

14.

‘day-old chicks’ means all poultry less than 72 hours old,
not yet fed, and muscovy ducks (Cairina moschata) or their
crosses, less than 72 hours old, whether or not fed;

(a) Regulation (EC) No 1774/2002; or

15.

‘diagnostic manual’ means the diagnostic manual provided
for in Article 50(1);

(b) rules to be adopted under the procedure referred to in

Article 64(2);

16.

‘poultry or other captive birds suspected of being infected’
means any poultry or other captive birds exhibiting clinical
signs or showing post-mortem lesions or reactions to
laboratory tests which are such that the presence of avian
influenza cannot be excluded;

17.

‘owner’ means any person or persons, either natural or legal
having ownership of poultry or other captive birds, or
charged with keeping such, whether or not for commercial
purposes;

25.

‘Community vaccine bank’ means appropriate premises
designated in accordance with Article 58(1)
the
storage of Community reserves of avian influenza vaccines;

for

26.

‘contact holding’ means a holding where avian influenza
could have come from or have been introduced to as a
result of its location, the movement of persons, poultry or
other captive birds, vehicles or in any other way;

27.

‘suspected outbreak’ means a holding where the competent
authority suspects the presence of avian influenza;

18.

‘competent authority’ means the authority of a Member
State competent to carry out physical checks or adminis-
trative formalities in accordance with this Directive or any
authority to which such competencies are delegated;

28.

‘outbreak’ means a holding where avian influenza has been
confirmed by the competent authority;

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29.

‘primary outbreak’ means an outbreak not epidemiolo-
gically linked with a previous outbreak in the same
region of a Member State as defined in Article 2(2),
(p), of Council Directive 64/432/EEC of 26 June
point
intra-
1964 on
Community trade in bovine animals and swine (14) or the
first outbreak in a different region of the same Member
State;

problems

affecting

animal

health

30.

‘Differentiating Infected from Vaccinated Animal
(DIVA)
strategy’ means a vaccination strategy which enables a
differentiation to be made between vaccinated/infected
and vaccinated/non-infected animals through the appli-
cation of a diagnostic test designed to detect antibodies
against
the field virus and the use of non-vaccinated
sentinel birds;

31.

‘mammal’ means an animal of the class Mammalia, except
humans;

32.

‘carcase’ means poultry or other captive birds which have
died or have been killed and are unfit
for human
consumption, or parts thereof.

CHAPTER II

PREVENTIVE BIOSECURITY, SURVEILLANCE, NOTIFICATIONS
AND EPIDEMIOLOGICAL INQUIRIES

Article 3

Preventive biosecurity measures

Specific provisions concerning preventive biosecurity measures
may be established in accordance with the procedure referred to
in Article 64(2).

Article 4

Surveillance programmes

The surveillance programmes referred to in paragraph 1(a)
2.
shall
to be drawn up by the
comply with guidelines
Commission in accordance with the procedure referred to in
Article 64(2).

Article 5

Notification

1. Member States shall ensure that the suspected presence
and presence of avian influenza are compulsorily and imme-
diately notified to the competent authority.

In addition to the

requirements provided for

2.
in
Community legislation on notification of outbreaks of animal
shall notify the Commission in
diseases, Member States
accordance with Annex II of any avian influenza confirmed
by the competent authority in slaughterhouses, means of
at
transport, border
centres
and quarantine
Community borders
operating in accordance with Community legislation on
imports of poultry or other captive birds.

and other places

inspection posts

facilities or

3. Member States shall notify the results of any surveillance
for avian influenza virus carried out in mammals.

Article 6

Epidemiological inquiry

1. Member States shall ensure that epidemiological inquiries
are started on the basis of questionnaires, established within the
framework of the contingency plans provided for in Article 62.

The epidemiological inquiry shall include the following at

2.
least:

1. Member States shall carry out surveillance programmes in
order to:

(a)

the length of time during which avian influenza may have
been present on the holding or other premises or means of
transport;

(a) detect the prevalence of infections with avian influenza virus

subtypes H5 and H7 in different species of poultry;

(b) the possible origin of avian influenza;

(b) contribute, on the basis of a regularly updated risk
to the knowledge on the threats posed by
assessment,
wild birds in relation to any influenza virus of avian
origin in birds.

(14) OJ 121, 29.7.1964, p. 1977. Directive as last amended by Regu-

lation (EC) No 1/2005 (OJ L 3, 5.1.2005, p. 1).

(c)

the identification of any contact holding;

(d) the movements of poultry, other captive birds, persons,
mammals, vehicles or any material or other means by
which the avian influenza virus could have spread.

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The competent authority shall take account of the epide-

3.
miological inquiry when:

confined in some other place on the same holding such
that they do not have contact with other poultry or other
captive birds on other holdings. All reasonable steps are
taken to minimise their contact with wild birds;

(a) deciding whether additional disease control measures, as
provided for in this Directive need to be applied; and

(b) granting derogations as provided for in this Directive.

(d) no poultry or other captive birds may enter or leave the

holding;

If the epidemiological inquiry suggests that avian influenza
4.
may have spread from or
the
Commission and the other Member States concerned shall be
immediately informed of
the
inquiry.

to other Member States,

the results of all

findings of

CHAPTER III

SUSPECTED OUTBREAKS

Article 7

Measures to be applied on holdings where outbreaks are
suspected

exclude

In the case of a suspected outbreak,

the competent
1.
immediately set in motion an investigation to
authority shall
confirm or
in
the presence of
accordance with the diagnostic manual and place the holding
under official surveillance. The competent authority shall also
ensure that the measures provided for in paragraphs 2 and 3 are
complied with.

avian influenza

The competent authority shall ensure that the following

2.
measures are applied on the holding:

(a) poultry, other captive birds and all mammals of domestic
species are counted or,
their numbers
estimated by the type of poultry or species of other
captive bird;

if appropriate,

(b) a list is compiled of the approximate number of poultry,
other captive birds and all mammals of domestic species
already sick, dead or likely to be infected in each category
on the holding; that list shall be updated daily to take
account of hatchings, births and deaths throughout
the
period of the suspected outbreak and shall be produced
on request to the competent authority;

(c) all poultry and other captive birds are brought inside a
building on their holding and kept there. Where this is
their welfare is compromised they are
impractical or if

including offal

(‘poultry meat’), poultry

(e) no carcases of poultry or other captive birds, meat of
feed
poultry
(‘feed’), utensils, materials, waste, droppings, poultry or
other captive birds manure (‘manure’), slurry, used litter or
anything likely to transmit avian influenza may leave the
holding without an authorisation from the competent
authority, observing appropriate biosecurity measures such
as to minimise any risk of the spread of avian influenza;

(f) no eggs may leave the holding;

(g) the movement of persons, mammals of domestic species,
vehicles and equipment to or from the holding is subject to
the
competent
and authorisation of
authority;

conditions

the

(h) appropriate means of disinfection are used at the entrances
and exits of buildings housing poultry or other captive birds
and of the holding itself in accordance with the instructions
of the competent authority.

The competent authority shall ensure that an epidemio-
3.
logical inquiry is carried out in accordance with Article 6 (‘the
epidemiological inquiry’).

Notwithstanding paragraph 1,

4.
the competent authority
may provide for the submission of samples in other cases. In
the competent authority may proceed
such circumstances
the measures referred in
without adopting some or all of
paragraph 2.

Article 8

Derogations from certain measures to be applied on
holdings where outbreaks are suspected

1.
The competent authority may grant derogations from the
measures provided for in Article 7(2) points (c) to (e) on the
basis of a risk assessment and taking into account
the
precautions
the birds and
taken and the destination of
products to be moved.

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The competent authority may also grant derogations from
2.
the measures provided for in Article 7(2), point (h) in the case
of other captive birds kept on non-commercial holdings.

Samples shall be taken from the poultry or other captive birds if
they are killed in order for the risk of a suspected outbreak to
be confirmed or excluded,
in accordance with the diagnostic
manual.

3. With reference to Article 7(2) point (f), the competent
authority may authorise the sending of eggs:

(a) directly to an establishment for the manufacture of egg
products, as set out in Chapter II of Section X of Annex
III to Regulation (EC) No 853/2004, to be handled and
treated in accordance with Chapter XI of Annex II to Regu-
lation (EC) No 852/2004; where the competent authority
issues such an authorisation, the latter shall be subject to
the conditions set out in Annex III to this Directive; or

4.
A temporary control zone around the holding may be
established and some or all of the measures provided for in
Article 7(2) shall be applied as necessary to the holdings
within that zone.

CHAPTER IV

HIGHLY PATHOGENIC AVIAN INFLUENZA (HPAI)

SECTION 1

(b) for disposal.

Holdings, separate production units and contact holdings

Article 9

Duration of the measures to be applied on holdings where
outbreaks are suspected

The measures to be applied on holdings in cases of suspected
outbreaks, as provided for in Article 7, shall continue to be
applied until
the
suspicion of avian influenza on the holding has been ruled out.

the competent authority is satisfied that

Article 10

Additional measures based on an epidemiological inquiry

Based on the preliminary results of an epidemiological
1.
inquiry,
the competent authority may apply the measures
provided for in paragraphs 2, 3 and 4 in particular if the
holding is located in an area with a high density of poultry.

Temporary

restrictions may be

2.
introduced on the
movements of poultry, other captive birds and eggs and the
movement of vehicles used by the poultry sector in a defined
area or in the whole of the Member State.

Such restrictions may be extended to movements of mammals
of domestic species, but in that case shall not exceed 72 hours,
unless justified.

Article 11

Measures to be applied on holdings where outbreaks are
confirmed

In case of an outbreak of HPAI, the competent authority
1.
shall ensure that the measures provided for in Article 7(2) and
(3) and paragraphs 2 to 10 of this Article are applied.

2.
All poultry and other captive birds on the holding shall be
killed without delay under official supervision. The killing shall
be carried out in such a way as to avoid the risk of spread of
avian influenza, in particular during transport.

However, Member States may grant derogations for certain
species of poultry or other captive birds not to be killed, on
the basis of an assessment of the risk of further spread of avian
influenza.

The competent authority may take appropriate measures to
limit any possible spread of avian influenza to any wild birds
on the holding.

All carcases and eggs on the holding shall be disposed of

3.
under official supervision.

The measures provided for in Article 11 may be applied

3.
to the holding.

However,
may be
suspected of being infected and their production units.

if conditions permit, application of those measures
captive birds
limited to the poultry or other

Poultry already hatched from eggs collected from the
4.
holding during the period between the probable date of intro-
duction of HPAI on the holding and the application of the
measures provided for in Article 7(2), shall be placed under
official supervision and investigations shall be carried out in
accordance with the diagnostic manual.

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5. Meat of poultry slaughtered and eggs collected from the
holding during the period between the probable date of intro-
duction of HPAI on the holding and the application of the
measures provided for in Article 7(2) shall, wherever possible,
be traced and disposed of under official supervision.

3. Where a derogation has been granted, as provided for in
Article 13(1) and Article 14, the Commission shall immediately
review the situation with the Member State concerned and in
the Standing Committee on the Food Chain and Animal Health
(‘the Committee’) as soon as possible.

6.
All substances and waste likely to be contaminated, such
as feed, shall be destroyed or undergo a treatment ensuring the
destruction of the avian influenza virus, in accordance with the
instructions of the official veterinarian.

4.
Taking account of any derogation granted, as provided for
in Article 13(1) and Article 14, measures to prevent the spread
of avian influenza may be adopted in accordance with the
procedure referred to in Article 64(3).

However, manure,

7.
slurry and bedding likely to be
contaminated shall undergo one or more of the procedures
provided for in Article 48.

8.
Following the disposal of carcases, the buildings used for
housing them, pastures or land, the equipment likely to be
transporting the
contaminated and the vehicles used for
poultry or other captive birds, carcases, meat, feed, manure,
slurry, bedding and any other material or substance likely to
be contaminated shall undergo one or more of the procedures
provided for in Article 48.

9.
Other captive birds or mammals of domestic species shall
not enter or leave the holding without the authorisation of the
competent authority. That
restriction shall not apply to
mammals of domestic species which have access only to the
living areas for humans.

10.
In the case of a primary outbreak, the virus isolate shall
be subjected to the laboratory procedure in accordance with the
diagnostic manual to identify the genetic subtype.

That virus
isolate shall be submitted to the Community
reference laboratory, as provided for in Article 51(1) as soon
as possible.

Article 12

Derogations

Article 13

Derogations concerning certain holdings

The competent authority may grant derogations from the
1.
measures provided for in the first subparagraph of Article 11(2)
in cases of an outbreak of HPAI in a non-commercial holding, a
circus, a zoo, a pet bird shop, a wild life park, a fenced area
where poultry or other captive birds are kept
for scientific
purposes or purposes related to the conservation of endangered
species or officially registered rare breeds of poultry or other
captive birds, provided that such derogations do not endanger
disease control.

2.
The competent authority shall ensure that where a dero-
gation is granted, as provided for in paragraph 1, the poultry
and other captive birds concerned by the derogation:

(a) are brought inside a building on their holding and kept
their welfare is
there. Where this is impractical or
compromised they are confined in some other place on
the same holding such that they do not have contact with
other poultry or other captive birds on other holdings. All
reasonable steps are taken to minimise their contact with
wild birds;

if

(b) are

surveillance

subjected to further

and testing in
accordance with the diagnostic manual
and are not
moved until the laboratory tests have indicated that they
no longer pose a significant
further spread of
HPAI; and

risk of

1. Member States shall draw up detailed rules for granting
derogations, as provided for in Articles 11(2), 13 and 14,
including alternative appropriate measures and conditions.
Such derogations shall be based on a risk assessment carried
out by the competent authority.

(c) are not moved from their holding of origin, except for

slaughter or to another holding:

(i)

located in the same Member State, in accordance with
the instructions of the competent authority; or

2. Member States shall immediately notify the Commission
of any derogation granted in accordance with Article 13(1) and
Article 14.

(ii) in another Member State, subject to the agreement of

the Member State of destination.

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The competent authority may grant derogations from the
3.
measures provided for in Article 11(5), for eggs to be sent
directly to an establishment
the manufacture of egg
products as set out in Chapter II of Section X of Annex III to
Regulation (EC) No 853/2004 to be handled and treated in
accordance with Chapter XI of Annex II to Regulation (EC)
No 852/2004.

for

The competent authority shall ensure that samples are
3.
taken from poultry and other captive birds when they are
killed in order to confirm or exclude the presence of HPAI
virus in those contact holdings in accordance with the diag-
nostic manual.

Any such authorisations shall be subject to the conditions set
out in Annex III to this Directive.

Article 14

Measures to be applied in cases of outbreaks of HPAI in
separate production units

In cases of an outbreak of HPAI in a holding which consists of
two or more separate production units, the competent authority
may grant derogations from the measures provided for in the
for production units
first
containing poultry or other captive birds where no HPAI is
suspected, provided that such derogations do not endanger
disease control.

subparagraph of Article 11(2)

Such derogations shall only be granted in respect of two or
more separate production units where the official veterinarian,
taking account of the structure, size, operation, type of housing,
feeding, water source, equipment, staff and visitors to the
is satisfied that they are completely independent of
holding,
other production units in terms of
location and day-to-day
management of the poultry or other captive birds kept there.

Article 15

Measures to be applied in contact holdings

Based on the epidemiological

1.
the competent
authority shall decide if a holding is to be considered as a
contact holding.

inquiry,

The competent authority shall ensure that
the measures
provided for in Article 7(2) are applied to contact holdings
until the presence of HPAI has been excluded in accordance
with the diagnostic manual.

Based on the epidemiological

the competent
2.
authority may apply the measures provided for in Article 11
to contact holdings and in particular if the contact holding is
located in an area with a high density of poultry.

inquiry,

4.
The competent authority shall ensure that, on any holding
where poultry or other captive birds are killed and disposed of
and avian influenza is subsequently confirmed, the buildings
and any equipment likely to be contaminated and the vehicles
used for transporting the poultry, other captive birds, carcases,
meat, feed, manure, slurry, bedding and any other material or
substance likely to be contaminated undergo one or more of
the procedures provided for in Article 48.

SECTION 2

Protection, surveillance and further restricted zones

Article 16

Establishment of protection,

surveillance and further

restricted zones in cases of outbreaks of HPAI

Immediately

1.
competent authority shall establish:

following

an outbreak of HPAI,

the

(a) a protection zone with a radius of at least three kilometres

around the holding;

(b) a surveillance zone with a radius of at least 10 kilometres

around the holding, including the protection zone.

If the outbreak of HPAI is confirmed in other captive birds
2.
in a non-commercial holding, circus, zoo, pet bird shop, wildlife
park, a fenced area where other captive birds are kept
for
scientific purposes or purposes related to the conservation of
endangered species or officially registered rare breeds of other
the competent
captive birds that do not contain poultry,
authority may,
following a risk assessment, derogate to the
extent necessary from the provisions of Sections 2 to 4
concerning the establishment of the protection and surveillance
zones and the measures to be applied therein, provided that
such derogations do not endanger disease control.

3. When establishing protection and surveillance zones, as
provided for in paragraph 1,
the competent authority shall
take account of the following criteria at least:

The main criteria to be considered for the application of the
measures provided for in Article 11 in contact holdings are set
out in Annex IV.

(b) the geographical situation, particularly natural boundaries;

(a)

the epidemiological inquiry;

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(c)

the location and proximity of holdings and the estimated
number of poultry;

(d) patterns of movements and trade in poultry, other captive

birds;

The competent authority may, where epidemiological
3.
information or other evidence indicates, implement a preventive
eradication programme,
including preventive slaughtering or
killing of poultry or other captive birds, in holdings and areas
at risk.

(e)

facilities

available

and personnel

any
the
movement within the protection and surveillance zones of
poultry or other captive birds,
their carcases, manure,
bedding or used litter, in particular if the poultry or other
captive birds to be killed and disposed of have to be moved
from their holding of origin.

to control

The competent authority may establish further restricted
4.
zones around or adjacent to the protection and surveillance
zones,
in
the
paragraph 3.

criteria provided for

account of

taking

If a protection, surveillance or further restricted zone
5.
covers
the
competent authorities of the Member States concerned shall
collaborate to establish the zone.

different Member

territories of

States,

the

Article 17

Measures to be applied both in the protection and in the
surveillance zones

1.
The competent authority shall ensure that the following
measures are applied within the protection and surveillance
zones:

(a) arrangements are put in place which permit the tracing of
anything likely to spread the avian influenza virus including
poultry, other captive birds, meat, eggs, carcases, feed, litter,
people who have been in contact with the infected poultry
or other captive birds or vehicles with a link to the poultry
industry;

(b) owners are to provide the competent authority, on request,
with any relevant information concerning the poultry or
other captive birds and eggs entering or leaving the holding.

2.
The competent authority shall take all reasonable steps to
ensure that all persons in the protection and surveillance zones
affected by the restrictions concerned are fully aware of the
restrictions in place.

That information may be conveyed through warning notices,
media resources such as the press and television or any other
appropriate means.

4. Member States applying the measures provided for in
inform the Commission
paragraph 3 shall
thereof, and the Commission shall review the situation with
the Member States concerned and in the Committee as soon
as possible.

immediately

SECTION 3

Measures to be applied in protection zones

Article 18

Census

and visits by the official veterinarian and

surveillance

The competent authority shall ensure that
measures are applied in protection zones:

the following

(a) a census of all the holdings is made as soon as possible;

(b) all commercial holdings are visited by an official veteri-
narian as soon as possible for a clinical examination of
the poultry and other captive birds and,
if necessary, the
collection of samples for laboratory tests in accordance with
the diagnostic manual; a record of such visits and the
findings thereof shall be kept; non-commercial holdings
are visited by an official veterinarian before the lifting of
the protection zone;

(c) additional

surveillance

accordance with the diagnostic manual
identify any further
holdings located in the protection zone.

is

immediately implemented in
to
spread of avian influenza in the

in order

Article 19

Measures to be applied on holdings in protection zones

The competent authority shall ensure that
measures are applied on holdings in protection zones:

the following

(a) all poultry and other captive birds are brought inside a
building on their holding and kept there. Where this is
impractical or if their welfare is compromised,
they are
confined in some other place on the same holding such
that they do not have contact with other poultry or other
captive birds on other holdings. All reasonable steps are
taken to minimise their contact with wild birds;

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(b) carcases are disposed of as soon as possible;

(c) vehicles and equipment used for transporting live poultry or
other captive birds, meat, feed, manure, slurry and bedding
and any other material or
likely to be
contaminated, undergo without delay one or more of the
procedures provided for in Article 48;

substances

(d) all parts of vehicles used by staff or other persons which
enter or leave holdings and are likely to have become
contaminated undergo without delay one or more of the
procedures provided for in Article 48;

leave a holding without authorisation of

(e) no poultry, other captive birds or domestic mammals may
enter or
the
competent authority. This restriction shall not apply to
mammals which have access only to the living areas for
humans in which they:

treatment or

protection zones are prohibited, unless authorised by it.
However, the movement of manure or slurry may be authorised
from holdings under biosecurity measures to a designated plant
for
subsequent
treatment to destroy the possible presence of avian influenza
viruses in accordance with Regulation (EC) No 1774/2002 or
with specific rules which may be adopted in accordance with
the procedure referred to in Article 64(2).

intermediate storage for

for

Article 21

Fairs, markets or other gatherings and restocking of game

The competent authority shall ensure that fairs, markets, shows
or other gatherings of poultry or other captive birds are
prohibited in protection zones.

The competent authority shall ensure that poultry or other
released in
for
captive birds
protection zones.

restocking of game are not

(i) have no contact with resident poultry or other captive

birds, and

Article 22

(ii) have no access to any cages or areas where such

resident poultry or other captive birds are kept;

(f) any increased morbidity or mortality or significant drop in
production data in holdings is immediately reported to the
competent authority, which shall carry out appropriate
investigations in accordance with the diagnostic manual;

(g) any person entering or leaving holdings observes appro-
priate biosecurity measures aimed at preventing the spread
of avian influenza;

(h) records of all persons visiting holdings, except dwellings, are
kept by the owner in order to facilitate disease surveillance
and control and must be made available upon request by
the competent authority. Such records do not have to be
kept where the visitors are to holdings such as zoos and
wildlife parks where they have no access to the areas where
the birds are kept.

Article 20

Prohibition on the removal or spreading of used litter,
manure or slurry from holdings

The competent authority shall ensure that
the removal or
spreading of used litter, manure or slurry from holdings in

Prohibition on the movement and transport of birds, eggs,
poultry meat and carcases

The

authority

competent

that within
1.
protection zones, the movement and transport from holdings
on to roads, excluding private service roads of holdings, or by
rail, of poultry, other captive birds, ready-to-lay poultry, day-old
chicks, eggs and carcases are prohibited.

ensure

shall

The competent authority shall ensure that the transport of
from slaughterhouses, cutting plants and cold

2.
poultry meat
stores is prohibited unless it has been produced:

(a)

from poultry which has originated from outside the
protection zones and has been stored and transported sepa-
rately from the meat of poultry from within the protection
zones; or

(b) on a date at least 21 days before the estimated date of
earliest infection on a holding in the protection zone and
which since production has been stored and transported
separately from such meat produced after that date.

3.
However, the prohibitions in paragraphs 1 and 2 shall not
apply to transit through the protection zone on roads or rail
without unloading or stopping.

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Article 23

for

Derogations
transport of poultry for
immediate slaughter and the movement or treatment of
poultry meat

the direct

(h) the meat is obtained, cut, transported and stored separately
from meat intended for intra-Community and international
trade and is used in such a way as to avoid it being
introduced
intra-
Community or international trade, unless:

into meat

products

intended

for

1.
By way of derogation from Article 22, the competent
authority may authorise the direct transport of poultry origi-
nating from a holding in the protection zone for immediate
to the
slaughter
following conditions:

to a designated slaughterhouse

subject

(i)

it has undergone a treatment set out in Annex III to
Directive 2002/99/EC; or

(a) a clinical examination of the poultry on the holding of
origin is carried out by the official veterinarian within 24
hours of being sent for slaughter;

(ii) it is otherwise decided in accordance with the procedure

referred to in Article 64(3).

(b) where appropriate, laboratory tests have been carried out on
poultry on the holding of origin in accordance with the
diagnostic manual, with favourable results;

(c)

the poultry are transported in vehicles
competent authority or under its supervision;

sealed by the

the designated
(d) the competent authority responsible for
slaughterhouse is
to receive the
informed and agrees
poultry and then confirms the slaughter to the competent
authority of dispatch;

By way of derogation from Article 22, the competent
2.
authority may authorise the direct transport of poultry from
outside the protection zone for
to a
designated slaughterhouse within the protection zone and
subsequent movement of the meat derived from such poultry
providing that:

immediate slaughter

(a)

the designated
the competent authority responsible for
slaughterhouse is
to receive the
informed and agrees
poultry and then confirms the slaughter to the competent
authority of dispatch;

(b) the poultry are kept separate from other poultry originating
within the protection zone and are slaughtered separately or
at different times from other poultry;

(e)

the poultry from the protection zone are kept separately
from other poultry and are slaughtered separately or at
different times from other poultry, preferably at the end
of a working day; subsequent cleansing and disinfection
shall be completed before other poultry are slaughtered;

(c)

the poultry meat produced is cut, transported and stored
separately from poultry meat obtained from other poultry
originating in the protection zone;

(f)

the official veterinarian shall ensure that a detailed exami-
nation of the poultry is carried out at the designated slaugh-
terhouse when the poultry arrive and after
they are
slaughtered;

(g) the meat does not enter into intra-Community or interna-
trade and bears the health mark for fresh meat
tional
provided for in Annex II to Council Directive 2002/99/EC
of 16 December 2002 laying down the animal health rules
governing the production, processing, distribution and
introduction of products of animal origin for human
consumption (15), unless otherwise decided in accordance
with the procedure referred to in Article 64(3) of
this
Directive;

(d) the by-products are disposed of.

Article 24

Derogations for the direct transport of day-old chicks

1.
By way of derogation from Article 22, the competent
authority may authorise the direct transport of day-old chicks,
originating from holdings within the protection zone to a
holding or shed of that holding in the same Member State,
preferably located outside the protection and the surveillance
zones, subject to the following conditions:

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

(a)

they are transported in vehicles sealed by the competent
authority or under its supervision;

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(b) appropriate

biosecurity measures

are

applied

during

(e)

transport and at the holding of destination;

if moved outside the protection or surveillance zone, the
poultry shall remain on the holding of destination for at
least 21 days.

(c)

the holding of destination is placed under official
surveillance following the arrival of the day-old-chicks;

Article 26

(d) if moved outside the protection or surveillance zone, the
poultry shall remain on the holding of destination for at
least 21 days.

By way of derogation from Article 22, the competent
2.
authority may authorise the direct transport of day-old chicks,
hatched from eggs originating from holdings located outside the
protection and surveillance zones, to any other holding in the
same Member State, preferably located outside the protection
the hatchery of
and the surveillance zones, provided that
dispatch can ensure by its
logistics and by its hygienic
working conditions that no contact has occurred between
those eggs and any other hatching eggs or day-old chicks origi-
nating from poultry flocks within such zones and which are
therefore of a different health status.

Article 25

Derogations for the direct transport of ready to lay poultry

By way of derogation from Article 22, the competent authority
may authorise the direct transport of ready-to-lay poultry to a
holding or shed of that holding preferably within the protection
or the surveillance zone in which there is no other poultry,
subject to the following conditions:

Derogation for the direct transport of hatching and table
eggs

1.
By way of derogation from Article 22, the competent
authority may authorise the direct transport of hatching eggs
either from any holding to a hatchery located, in the protection
zone and designated by the competent authority (‘the designated
hatchery’) or, subject
from a
holding located in the protection zone to any designated
hatchery:

to the following conditions,

(a)

the parent flocks from which the hatching eggs are derived
have been examined in accordance with the diagnostic
manual and avian influenza is not suspected on these
holdings;

(b) the hatching eggs and their packaging are disinfected before
dispatch and the tracing back of these eggs can be ensured;

(c)

the hatching eggs are transported in vehicles sealed by the
competent authority or under its supervision;

(d) biosecurity measures are applied in the designated hatchery
the competent

in accordance with the instructions of
authority.

(a) a clinical examination of the poultry and other captive birds
in the holding of origin and in particular of those to be
moved is carried out by the official veterinarian;

By way of derogation from Article 22, the competent

2.
authority may authorise the direct transport of eggs:

(b) where appropriate, laboratory tests have been carried out on
poultry in the holding of origin in accordance with the
diagnostic manual with favourable results;

(c)

the ready-to-lay poultry is transported in vehicles sealed by
the competent authority or under its supervision;

(a)

to a packing centre designated by the competent authority
(‘the designated packing centre’), provided that
they are
packed in disposable packaging and that all biosecurity
measures required by the competent authority are applied;

(b) to an establishment for the manufacture of egg products as
set out in Chapter II of Section X of Annex III to Regulation
(EC) No 853/2004 to be handled and treated in accordance
to Regulation (EC) No
with Chapter XI of Annex II
852/2004; or

(d) the holding or shed of destination is placed under official
surveillance following the arrival of the ready-to-lay poultry;

(c)

for disposal.

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Article 27

Derogation for the direct transport of carcases

By way of derogation from Article 22, the competent authority
may authorise the direct transport of carcases provided that
they are transported to be disposed of.

Article 28

Cleansing and disinfecting of means of transport

the vehicles and
The competent authority shall ensure that
equipment used for the transport as provided for in Articles
23 to 27 are cleansed and disinfected without delay by one
or more of the procedures set down in Article 48 following
the transport.

Article 29

Duration of measures

1.
The measures provided for in this Section shall be main-
tained for at least 21 days following the date of completion of
preliminary cleansing and disinfection on the infected holding
by one or more of the procedures set down in Article 48 and
until holdings located in the protection zone have been tested
in accordance with the diagnostic manual.

2. When the measures referred to in this Section are no
longer to be maintained, as provided for in paragraph 1 of
this Article, the measures laid down in Article 30 shall apply
in the former protection zone, until they are no longer to be
applied as provided for in Article 31.

SECTION 4

Measures to be applied in the surveillance zones

Article 30

Measures to be applied in the surveillance zones

The competent authority shall ensure that
measures are applied in surveillance zones:

the following

(a) a census of all commercial poultry holdings is made as soon

as possible;

(b) the movement of poultry,

ready-to-lay poultry, day-old
chicks, eggs within the surveillance zone is prohibited
unless
competent
appropriate biosecurity
authority, which ensures
the spread of avian
measures are applied to prevent

granted
that

authorisation

the

by

is

this prohibition shall not apply to transit
influenza;
thorough the surveillance zone on road or rail without
unloading or stopping;

(c)

to holdings,

ready-to-lay poultry, day-old
the movement of poultry,
slaughterhouses, packing
chicks and eggs
centres or an establishment
for the manufacture of egg
products located outside the surveillance zone is prohibited;
however, the competent authority may authorise the direct
transport of:

(i)

poultry for slaughter to a designated slaughterhouse,
for the purpose of
to
Article 23(1), points (a), (b) and (d);

immediate slaughter subject

The competent authority may authorise the direct
transport of poultry from outside the protection and
to a
surveillance zones
surveillance
designated slaughterhouse within the
zone and the subsequent movement of
the meat
derived from such poultry;

immediate

slaughter

for

(ii)

ready-to-lay poultry to a holding in which there is no
other poultry in the same Member State; that holding
shall be placed under official surveillance following the
arrival of the ready-to-lay poultry and the ready-to-lay
poultry shall remain on the holding of destination for
at least 21 days;

(iii) day-old chicks:

to a holding or shed of such holding in the same
Member State provided that appropriate biosecurity
measures are applied and the holding is placed under
official surveillance following the transport and day-old
chicks shall remain on the holding of destination for at
least 21 days, or

if hatched from hatching eggs originating from poultry
holdings located outside the protection and surveillance
zones, to any other holding, provided that the hatchery
of dispatch can ensure by its logistics and biosecurity
working conditions
that no contact has occurred
between these eggs and any other hatching eggs or
day-old-chicks originating from poultry flocks within
those zones and which are therefore of a different
health status;

(iv) hatching eggs to a designated hatchery located inside
or outside the surveillance zone; the eggs and their
packaging shall be disinfected before dispatch and the
tracing back of these eggs must be ensured;

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(v)

table eggs to a designated packing centre, provided that
they are packed in disposable packaging and that all
biosecurity measures
competent
authority are applied;

required by

the

(vi) eggs to an establishment for the manufacture of egg
products as set out in Chapter II of Section X of Annex
III to Regulation (EC) No 853/2004 to be handled and
treated in accordance with Chapter XI of Annex II to
Regulation (EC) No 852/2004 located inside or outside
the surveillance zone;

(vii) eggs for disposal;

possible presence of avian influenza viruses, in accordance
with Regulation (EC) No 1774/2002 or with specific rules
which may be adopted in accordance with the procedure
referred to in Article 64(2);

(i)

fairs, markets, shows or other gatherings of poultry or other
captive birds are prohibited;

(j) poultry for restocking of game are not released.

Article 31

Duration of measures

(d) any person entering or leaving holdings in the surveillance
zone observes appropriate biosecurity measures aimed at
preventing the spread of avian influenza;

The measures provided for in this Section shall be maintained
for at least 30 days following the date of completion of preli-
minary cleansing and disinfection on the infected holding in
accordance with Article 48.

(e) vehicles and equipment used for transporting live poultry or
other captive birds, carcases,
slurry and
bedding and any other material or substances likely to be
contaminated, are cleansed and disinfected without delay
after contamination by one or more of
the procedures
provided for in Article 48;

feed, manure,

(f) no poultry, other captive birds or mammals of domestic
species may enter or leave a holding where poultry is
the competent authority.
kept without authorisation of
This restriction shall not apply to mammals which have
access only to the living areas for humans in which they:

SECTION 5

Measures to be applied in further restricted zones

Article 32

Measures to be applied in further restricted zones

1.
The competent authority may provide that some or all the
measures provided for in Sections 3 and 4 shall apply inside the
(‘the
further restricted zones provided for in Article 16(4)
further restricted zones’).

(i) have no contact with resident poultry or other captive

birds, and

(ii) have no access to any cages or areas where such

resident poultry or other captive birds are kept;

2.
The competent authority may, where epidemiological
information or other evidence indicates, implement a preventive
eradication programme,
including preventive slaughtering or
killing of poultry or other captive birds, in holdings and areas
at risk, according to the criteria of Annex IV, located in further
restricted zones.

(g) any increased morbidity or mortality or significant drop in
production data in holdings is immediately reported to the
competent authority, which shall carry out appropriate
investigations in accordance with the diagnostic manual;

(h) the removal or spreading of used litter, manure or slurry is
prohibited unless authorised by the competent authority;
the movement of manure may be authorised from a
holding situated in the surveillance zone under biosecurity
measures to a designated plant for treatment or for inter-
mediate storage for subsequent treatment to destroy the

The restocking of those holdings shall take place in accordance
with the instructions of the competent authority.

3. Member States applying the measures provided for in
paragraphs 1 and 2 shall immediately inform the Commission
thereof.

The Commission shall

4.
review the situation with the
Member States concerned and in the Committee as soon as
possible.

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5. Without prejudice to decisions to be adopted pursuant to
Council Decision 90/424/EEC of 26 June 1990 on expenditure
in the veterinary field (16), further surveillance, biosecurity and
control measures to prevent the spreading of avian influenza
may be adopted in accordance with the procedure referred to in
Article 64(3).

The Commission shall

in all cases review the situation
7.
with the Member State concerned and in the Committee as
soon as possible.

SECTION 6

Derogations and additional biosecurity measures

Article 33

Derogations

1. Member States shall define the detailed arrangements
in
under which they may grant derogations provided for
Articles 16 and 23 to 27,
including alternative appropriate
measures and conditions. Such derogations shall be based on
a risk assessment carried out by the competent authority.

2.
The competent authority may, based on a risk assessment,
grant derogations from the measures provided in Sections 3 and
4 in cases of confirmation of HPAI in a hatchery.

3.
The competent authority may grant derogations from the
measures provided for in Article 18, points (b) and (c), Article
22, and in Article 30, points (b), (c) and (f),
in cases of an
outbreak of HPAI
in a non-commercial holding, a circus, a
zoo, a wild life park, a fenced area where poultry or other
captive birds are kept
for scientific purposes or purposes
related to the conservation of endangered species or officially
registered rare breeds of poultry or other captive birds.

Taking account of any derogation granted, as provided for in
paragraphs 1 to 4, measures to prevent the spread of avian
influenza may be adopted in accordance with the procedure
referred to in Article 64(3).

8.
Any poultry (including day-old-chicks), other captive
birds, hatching eggs, used litter, manure or slurry which come
from a holding that has been granted a derogation under this
Article,
the Member State
concerned unless otherwise decided in accordance with the
procedure referred in Article 64(3).

cannot be marketed outside

Article 34

Additional biosecurity measures

authority may,

In order to prevent the spread of avian influenza, the
1.
competent
in addition to the measures
provided for in Sections 3, 4 and 5, order the implementation
of additional biosecurity measures in holdings in the protection
and surveillance zones and in the further restricted zones, as
well as in poultry compartments and other captive birds
compartments in the Member State concerned.

Those measures may include restrictions on movements of
vehicles or persons
the
the collection for
transport
disposal of carcases and other movements of personnel, veter-
inarians or persons supplying farm equipment.

to slaughterhouses of poultry,

egg collection,

feed supply,

for

4.
By way of derogation from Sections 3 and 4, in cases of
outbreaks of HPAI Member States may, based on a risk
introduce specific measures on movements of
assessment,
racing pigeons
from and within the protection and
surveillance zones.

into,

2. Member States which adopt measures, as provided for in
paragraph 1, shall immediately inform the Commission thereof.

The derogations provided for in paragraphs 1 to 4 shall
such derogations do not

5.
only be granted provided that
endanger disease control.

The Commission shall

3.
review the situation with the
Member State concerned and in the Committee as soon as
possible.

6. Member States granting derogations provided for in para-
graphs 1 to 4 shall
immediately inform the Commission
thereof.

(16) OJ L 224, 18.8.1990, p. 19.

4. Without prejudice to decisions to be adopted pursuant to
surveillance, biosecurity and
Decision 90/424/EEC,
control measures to prevent
the spread of avian influenza
maybe adopted in accordance with the procedure referred to
in Article 64(3).

further

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SECTION 7

Measures to be applied in cases of suspicion and confirmation
in certain
of highly pathogenic Avian Influenza (HPAI)

premises other than holdings and in means of transport

tigation is completed in accordance with the diagnostic manual.
The competent authority shall apply the measures provided for
in Article 7 as appropriate.

Article 35

Investigation of suspected presence of HPAI in slaughter-
houses and in means of transport

The competent authority may authorise the movement of the
poultry or other captive birds to another place where they are
killed, slaughtered or placed into isolation.

in slaughterhouses

Where there is suspicion or confirmation of the presence of
HPAI
the
competent authority shall immediately set in motion an inves-
tigation in the holding of origin of the poultry or other captive
birds to confirm or exclude its presence in accordance with the
diagnostic manual.

or means

transport,

of

Article 36

Measures to be applied in slaughterhouses

is suspected or confirmed in a slaugh-
1. Where HPAI
terhouse,
the competent authority shall ensure that, on the
basis of a risk assessment, all poultry present in the slaugh-
terhouse is either killed or slaughtered as soon as possible
under official supervision.

Where such poultry is slaughtered, the poultry meat and any
by-products derived from the poultry and poultry meat and by-
products of
any other poultry which may have been
contaminated during the slaughter and production process,
shall be kept separate and under official supervision until inves-
tigations in accordance with the diagnostic manual have been
completed.

If HPAI

is confirmed,

2.
the poultry meat and any by-
products derived from the poultry and poultry meat and by-
any other poultry which may have been
products of
contaminated during the slaughter and production process
shall be disposed of as soon as possible under official super-
vision.

Article 37

Measures to be applied in border inspection posts or
means of transport

is

suspected or

confirmed in border
1. Where HPAI
competent
inspection posts or means of
authority shall ensure that, on the basis of a risk assessment,
in the border
all poultry and other captive birds present
inspection post or
transport are killed,
in the means of
slaughtered or placed in isolation away from poultry or other
captive birds and kept under official supervision until the inves-

transport,

the

The competent authority may decide not to kill or slaughter
in the border
those poultry or other captive birds present
inspection post
that have not been in contact with the
poultry or other captive birds suspected of being infected.

2. Where poultry referred to in paragraph 1 is slaughtered,
the poultry meat and any by products derived from those
poultry and poultry meat and by-products of any other
poultry which may have been contaminated during the
slaughter and production process, shall be kept separate and
under official supervision until
investigations in accordance
with the diagnostic manual have been completed.

If HPAI

is confirmed,

3.
the poultry meat and any by-
products derived from those poultry and poultry meat and
by-products of any other poultry which may have been
contaminated during the slaughter and production process
shall be disposed of as soon as possible under official super-
vision.

Article 38

Additional measures to be applied to slaughterhouses,
border inspection posts or means of transport

The competent authority shall ensure that the following addi-
tional measures are applied where HPAI
suspected or
inspection post or
confirmed in a slaughterhouse, border
means of transport:

is

(a) no poultry or other captive birds are introduced into the
slaughterhouse, the border inspection post or the means of
transport until at least 24 hours after the cleansing and
disinfection as provided for in point (b) are completed by
one or more of the procedures set down in Article 48; in
the case of border inspection posts,
the prohibition on
introduction may be extended to other animals;

(b) the cleansing and disinfection of contaminated buildings,
equipment and vehicles takes place in accordance with
one or more of the procedures set down in Article 48
and under the official supervision of the official veterinarian;

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(c) an epidemiological inquiry is carried out;

competent authority shall decide that
captive birds are:

the poultry or other

(d) the measures provided for in Article 7(2) are applied in the
holding of origin of the infected poultry or carcases and in
contact holdings;

(a) killed as soon as possible, or

(e) unless otherwise indicated by the epidemiological

inquiry
and the further investigations, as provided for in Article
35, the measures provided for in Article 11 are applied in
the holding of origin;

(f)

the avian influenza virus
subjected to the
laboratory procedure in order to identify the subtype of
the virus, in accordance with the diagnostic manual.

isolate

is

CHAPTER V

LOW PATHOGENIC AVIAN INFLUENZA (LPAI)

SECTION 1

Measures to be applied on holdings where outbreaks are
confirmed

(b) slaughtered in a designated slaughterhouse in accordance

with paragraph 4.

When depopulation is by slaughter in a designated slaugh-
terhouse, the poultry shall be subjected to further surveillance
and testing.

The poultry shall not be moved from the holding to the
the
designated slaughterhouse until
authority,
taking account,
the investigations and the
in particular, of
laboratory tests directed at determining the extent of any
excretion of the virus by the poultry carried out in accordance
with the diagnostic manual and a risk assessment, is satisfied
that the risk of further spread of LPAI is minimal.

competent

Slaughter in a designated slaughterhouse in accordance

4.
with paragraph 3 may take place only provided that:

Article 39

Measures to be applied

(a)

the poultry is
designated slaughterhouse;

sent directly from the holding to the

1.
In case of an outbreak of LPAI, the competent authority
shall ensure that the measures provided for in points (a), (b), (c),
(e), (g) and (h) of Article 7(2), Article 7(3) and paragraphs 2 to
5 of this Article are applied on the basis of a risk assessment
and taking account of at least the criteria set out in Annex V.

(b) each consignment is sealed before dispatch by the official
veterinarian responsible for the holding or under his super-
vision;

2.
The competent authority shall ensure that all poultry on
the holding and all other captive birds of the species in which
LPAI has been confirmed are depopulated under official super-
vision in such a way as to prevent the spread of avian influenza.

(c) each consignment remains sealed throughout transport to

the designated slaughterhouse;

(d) further biosecurity measures prescribed by the competent

authority are complied with;

The depopulation may be extended to other captive birds on
the holding based on the assessment of the risk that they pose
as regards further spread of avian influenza and to other
holdings that may be considered as contact holdings, based
on the epidemiological inquiry.

(e)

the competent authority responsible for
slaughterhouse is
informed and agrees
poultry;

the designated
to receive the

Before depopulation, no poultry or other captive birds shall
enter or
the
competent authority.

the holding, unless

authorised by

leave

(f) vehicles and equipment used for transporting live poultry
and any other material or
likely to be
contaminated are cleansed and disinfected without delay
after contamination, by one or more of the procedures set
down in Article 48, and

substances

3.
For the purpose of paragraph 2, the depopulation shall be
carried out in accordance with Directive 93/119/EC and the

(g) the by-products of such poultry at the slaughterhouse are

disposed of.

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The competent authority shall ensure that the following

5.
are disposed of under official supervision:

(e) manure, slurry and bedding likely to be contaminated
undergo one or more of the procedures provided for in
Article 48;

(a) carcases, and

(b) hatching eggs on the holding.

The competent authority shall ensure that the following

6.
measures are taken:

(a) hatching eggs collected from the holding during the period
between the probable introduction of LPAI into the holding
and the taking of
in this
Directive, are whenever possible traced and hatched under
official surveillance;

the measures provided for

(b) poultry already hatched from eggs collected from the
holding during the period between the probable intro-
into the holding and the taking of the
duction of LPAI
measures provided for
in this Directive, are whenever
possible placed under official surveillance and investigations
are carried out in accordance with the diagnostic manual;

(f) after depopulation,

the buildings used for housing the
poultry or other captive birds, the equipment likely to be
contaminated and the vehicles used for
transporting
carcases, feed, manure, slurry, and bedding or any other
material or substance likely to be contaminated undergoes
without delay one or more of the procedures provided for
in Article 48;

(g) mammals of domestic species do not enter or leave the
holding without
competent
authority. This restriction shall not apply to mammals
which have access only to the living areas for humans in
which they:

authorisation of

the

the

(i) have no contact with resident poultry or other captive

birds, and

(ii) have no access to any cages or areas where such

resident poultry or other captive birds are kept.

(c) eggs present on the holding and further produced on the
holding before depopulation as provided for in paragraph 2,
are transported provided that the risk of spread of LPAI is
minimised:

(h) in the case of a primary outbreak of LPAI, the virus isolate
is subjected to the laboratory tests to identify the subtype of
virus in accordance with the diagnostic manual; the virus
isolate shall be submitted to the Community reference
laboratory, as provided for in Article 51(1), as soon as
possible.

(i)

(ii)

to a packing centre designated by the competent
authority (‘the designated packing centre’), provided
that they are packed in disposable packaging and that
all biosecurity measures required by the competent
authority are applied;

for

egg
the manufacture of
to an establishment
in Chapter II of Section X of
products as set out
Annex III
to Regulation (EC) No 853/2004 to be
handled and treated in accordance with Chapter XI of
Annex II to Regulation (EC) No 852/2004; or

(iii) for disposal.

7. Member States applying the measures provided for in
inform the Commission thereof.
paragraphs 2, 4 and 5 shall

Article 40

Derogations for certain holdings

The competent authority may grant derogations from the
1.
measures provided for in Article 39(2) and point (b) of Article
39(5) in cases of an outbreak of LPAI in a non commercial
holding, a circus, a zoo, a pet bird shop, a wild life park, a
fenced area where poultry or other captive birds are kept for
scientific purposes or purposes related to the conservation of
endangered species or officially registered rare breeds of poultry
or other captive birds, provided that such derogations do not
endanger disease control.

(d) any material or substance likely to be contaminated are
either treated in accordance with the instructions of the
official veterinarian or disposed of;

2.
The competent authority shall ensure that where a dero-
gation is granted, as provided for in paragraph 1, the poultry or
other captive birds concerned by the derogation:

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(a) are brought inside a building on their holding and kept
there. Where this is impractical or
their welfare is
compromised they are confined in some other place on
the same holding such that they do not have contact with
other poultry or other captive birds on other holdings. All
reasonable steps are taken to minimise their contact with
wild birds;

if

SECTION 2

Separate production units and contact holdings

Article 41

Measures to be applied in cases of outbreaks of LPAI in
separate production units

(b) are

surveillance

subjected to further

and testing in
accordance with the diagnostic manual
and are not
moved until the laboratory tests have indicated that they
further spread of
no longer pose a significant
LPAI; and

risk of

In cases of an outbreak of LPAI

two or more separate production units,
authority may

in a holding which
1.
the
consists of
competent
from the
measures provided for in Article 39(2), for production units
containing healthy poultry provided that such derogations do
not endanger disease control.

derogations

grant

(c) are not moved from their holding of origin, except for

slaughter or to another holding:

2. Member States shall draw up detailed rules for applying
the derogations provided for in paragraph 1, taking account of
the animal health guarantees which may be obtained and shall
provide for alternative appropriate measures.

(i)

located in the same Member State, in accordance with
the instructions of the competent authority; or

3. Member States shall immediately inform the Commission
of any derogations granted in accordance with paragraph 1.

(ii) in another Member State, subject to the agreement of

the Member State of destination.

The Commission shall

4.
review the situation with the
Member State concerned and in the Committee as soon as
possible.

The competent authority may in cases of outbreaks of
in hatcheries, based on a risk assessment, grant dero-
the measures provided for in

3.
LPAI
gations from some or all of
Article 39.

4. Member States shall draw up detailed rules for applying
the derogations provided for in paragraphs 1 and 3.

Taking account of any derogation granted, as provided for
5.
in paragraph 1, measures to prevent
the spread of avian
influenza may be adopted in accordance with the procedure
referred to in Article 64(3).

Article 42

Measures to be applied in contact holdings

Based on the epidemiological

1.
the competent
authority shall decide if a holding is to be considered as a
contact holding.

inquiry,

5. Member States shall immediately inform the Commission
of any derogation granted in accordance with paragraphs 1
and 3.

The competent authority shall
the measures
provided for in Article 7(2) are applied to contact holdings
until the presence of LPAI has been excluded in accordance
with the diagnostic manual.

ensure that

The Commission shall

review the situation with the
6.
Member State concerned and in the Committee as soon as
possible.

Based on the epidemiological

2.
the competent
authority may apply the measures provided for in Article 39
to contact holdings and in particular if the contact holding is
located in an area with a high density of poultry.

inquiry,

Taking account of any derogation granted, as provided for
7.
in paragraph 1, measures to prevent
the spread of avian
influenza may be adopted in accordance with the procedure
referred to in Article 64(3).

The main criteria to be considered for the application of the
measures provided for in Article 39 in contact holdings are set
out in Annex IV.

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The competent authority shall ensure that samples are
3.
taken from the poultry when they are killed in order to
confirm or exclude the presence of the LPAI virus in those
contact holdings in accordance with the diagnostic manual.

(i)

poultry for slaughter to a slaughterhouse in the same
Member State;

is subsequently confirmed,

4.
The competent authority shall ensure that, on any holding
where poultry or other captive birds are slaughtered or killed
the
and disposed of, and LPAI
buildings and any pastures used for housing them, farm yards
and any equipment likely to be contaminated and the vehicles
used for transporting the poultry, other captive birds, carcases,
meat, feed, manure, slurry, bedding and any other material or
substance likely to be contaminated undergo one or more of
the procedures provided for in Article 48.

SECTION 3

Establishment of restricted zones

Article 43

Establishment of restricted zones in cases of outbreaks
of LPAI

the competent
Immediately following an outbreak of LPAI,
authority shall establish a restricted zone with a radius of at
least one kilometre around the holding.

Article 44

Measures to be applied in the restricted zone

The competent authority shall ensure that the following

1.
measures are applied in the restricted zone:

(ii)

live poultry to a holding or shed in the same Member
State in which there is no other poultry. The live
remain there for 21 days and the
poultry shall
holding shall be placed under official
surveillance
following their arrival;

(iii) day-old chicks:

to a holding or shed of such holding in the same
Member State; the day old chicks shall remain there
for 21 days and the holding shall be placed under
official surveillance following their arrival; or

if hatched from eggs originating from poultry holdings
located outside of the restricted zone to any other
holding provided that the hatchery can ensure by its
logistics and biosecurity working conditions that any
is excluded with hatching eggs or day-old
contact
chicks originating from poultry flocks within the
restricted zone and which are therefore of a different
health status;

(iv) hatching eggs to a designated hatchery; the eggs and
their packaging shall be disinfected before dispatch and
the tracing back of these eggs must be ensured;

(a) a census of all commercial holdings is made as soon as

possible;

(v)

table eggs to a packing centre provided that they are
packed in disposable packaging and that all biosecurity
measures required by the competent authority are
applied;

(b) laboratory tests are carried out on commercial poultry
holdings within a radius of at least one kilometre around
the holding in accordance with the diagnostic manual;

(c) all movements of poultry, other captive birds, ready-to-lay
poultry, day old chicks and eggs within or into the restricted
zone are subject
to authorisation and to other control
measures deemed appropriate by the competent authority;
this restriction shall not apply to the transit through the
restricted zone on road or
rail without unloading or
stopping;

(vi) eggs to an establishment for the manufacture of egg
products as set out in Chapter II of Section X of Annex
III to Regulation (EC) No 853/2004 to be handled and
treated in accordance with Chapter XI of Annex II to
Regulation (EC) No 852/2004 located inside or outside
the restricted zone;

(vii) eggs for disposal;

(e) carcases shall be disposed of;

(d) the movement of poultry, other captive birds, ready-to-lay
poultry, day-old chicks and eggs from the restricted zone
are prohibited unless the competent authority authorises the
direct transport of:

(f) any person entering or leaving holdings in the restricted
zone observes appropriate biosecurity measures aimed at
preventing the spread of avian influenza;

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(g) vehicles and equipment used for transporting live poultry or
other captive birds, feed, manure, slurry and bedding and
any other material or substances likely to be contaminated
are cleansed and disinfected without delay after contami-
nation, by one or more of the procedures set down in
Article 48;

(h) no poultry, other captive birds or mammals of domestic
species may enter or leave a holding without authorisation
of the competent authority. This restriction shall not apply
to mammals which have access only to the living areas for
humans in which they:

(i) have no contact with resident poultry or other captive

birds, and

(a) at least 21 days following the date of completion of preli-
minary cleansing and disinfection of the infected holding by
one or more of the procedures set down in Article 48, and
until the competent authorities, based on the investigations
and laboratory tests carried out in the restricted zone in
risk
accordance with the diagnostic manual
assessment, consider that
is
negligible;

the risk of spread of LPAI

and a

(b) at least 42 days following the date of confirmation of the
outbreak and until the competent authorities, based on the
in the
investigations and laboratory tests carried out
restricted zone in accordance with the diagnostic manual
and a risk assessment, consider that the risk of spread of
LPAI is negligible; or

(ii) have no access to any cages or areas where such

resident poultry or other captive birds are kept;

(c)

for any other duration and under conditions to be estab-
lished in accordance with the procedure referred to in
Article 64(3).

(i)

the removal or spreading of used litter, manure or slurry is
prohibited, unless authorised by the competent authority;
the movement of manure or slurry may be authorised
from a holding situated in the restricted zone under biose-
curity measures to a designated plant for treatment or for
intermediate storage for subsequent treatment to destroy the
possible presence of avian influenza viruses in accordance
with Regulation (EC) No 1774/2002 or with specific rules
which may be adopted in accordance with the procedure
referred to in Article 64(2);

(j)

fairs, markets, shows or other gatherings of poultry or other
captive birds are prohibited, unless authorised by the
competent authority;

(k) poultry or other captive birds for restocking of game are

not released.

Article 46

Derogations

1. Where LPAI is confirmed in a hatchery, the competent
authority may, based on a risk assessment, derogate from
some or all of the measures provided for in Articles 43 and 44.

2.
The competent authority may grant derogations from the
measures provided for in this Section in cases of an outbreak of
LPAI in a non-commercial holding, a circus, a zoo, a pet bird
shop, a wild life park, a fenced area where poultry or other
captive birds are kept for scientific purposes or purposes related
to the conservation of endangered species or officially registered
rare breeds of poultry or other captive birds, provided that such
derogations do not endanger disease control.

2.
The competent authority may, based on a risk assessment,
introduce further measures in addition to the measures provided
for in this Section and shall inform the Commission thereof.

3. Member States granting the derogation provided for in
paragraphs 1 and 2 shall immediately inform the Commission
thereof.

Further measures may be adopted to prevent the spread of
3.
avian influenza in accordance with the procedure referred to in
Article 64(3).

The Commission shall

review the situation with the
4.
Member State concerned and in the Committee as soon as
possible.

Article 45

Duration of measures

The measures provided for in this Section shall be maintained:

5.
Taking account of any derogation granted, as provided for
in paragraphs 1 and 2, measures to prevent the spread of avian
influenza may be adopted in accordance with the procedure
referred to in Article 64(3).

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CHAPTER VI

CHAPTER VII

MEASURES AIMED AT AVOIDING THE
SPREAD OF
INFLUENZA VIRUSES OF AVIAN ORIGIN TO OTHER SPECIES

CLEANSING, DISINFECTION AND RE-POPULATION

Article 47

Laboratory tests and other measures concerning pigs and
other species

The competent authority shall ensure that

1.
following
confirmation of avian influenza on any holding, appropriate
laboratory tests, in accordance with the diagnostic manual, are
carried out on any pigs present on the holding to confirm or
infected with the
exclude that those pigs are, or have been,
avian influenza virus.

No pigs shall be moved from the holding pending the results of
those tests.

2. Where laboratory tests provided for
in paragraph 1
confirm positive findings for avian influenza viruses in pigs,
the competent authority may authorise the movement of
those pigs to other pig holdings or to designated slaughter-
tests have
subsequent
houses, provided that
shown that the risk of spread of avian influenza is negligible.

appropriate

The

shall

authority

competent

that where
3.
laboratory tests provided for in paragraph 1 confirm a serious
health threat, the pigs are killed as soon as possible under
official supervision and in such a way as to prevent
the
spread of avian influenza virus, in particular during transport,
and in accordance with Directive 93/119/EC.

ensure

The competent authority may, following confirmation of
4.
avian influenza on any holding, and based on a risk assessment,
apply the measures provided for in paragraphs 1, 2 and 3 to
any other mammals present on the holding and may extend
those measures to contact holdings.

Article 48

Cleansing, disinfection and procedures

for eliminating

avian influenza virus

Member States shall ensure that:

(a)

the cleansing, disinfection and treatment of holdings and
any materials or substances therein which are contaminated
or likely to be contaminated with avian influenza viruses are
carried out under official supervision in accordance with:

(i)

the instructions of the official veterinarian; and

(ii) the principles and procedures for cleansing, disinfecting

and treatment set out in Annex VI;

(b) any land or pastures used by poultry or other captive birds
on a holding where avian influenza has been confirmed are
the
not used by poultry or other captive birds until
competent authority is satisfied that any avian influenza
virus present has been eliminated or inactivated;

(c)

the cleansing, disinfection and treatment of slaughterhouses,
vehicles, trailers or any other means of transport, border
inspection posts and any materials or substances therein
which are contaminated or likely to be contaminated with
avian influenza viruses are carried out under official super-
vision in accordance with the instructions of the official
veterinarian;

5. Member States shall
inform the Commission within the
framework of the Committee of the results of the tests and
measures applied pursuant to paragraphs 1 to 4.

(d) any equipment, materials or substances therein which are
contaminated or
likely to be contaminated with avian
influenza viruses and which cannot be effectively cleansed
and disinfected or treated are destroyed;

The competent authority may, following confirmation of
6.
avian influenza virus in pigs or any other mammals on any
holding, undertake surveillance in accordance with the diag-
nostic manual
avian
influenza virus.

to identify any further

spread of

(e)

the disinfectants to be used and their concentrations are
authorised by the competent authority.

Article 49

Re-population of holdings

7.
Additional measures to prevent the spread of influenza
viruses of avian origin to other species, may be adopted in
accordance with the procedure referred to in Article 64(3).

1. Member States shall ensure that paragraphs 2 to 6 of this
Article are complied with,
the
measures provided for in Articles 11 and 39.

following the application of

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The re-population of commercial poultry holdings shall
2.
not take place for a period of 21 days following the date of
completion of the final cleansing and disinfection as provided
for in Article 48.

CHAPTER VIII

DIAGNOSTIC PROCEDURES, DIAGNOSTIC MANUAL AND
REFERENCE LABORATORIES

3.
The following measures shall be performed during a
period of 21 days following the date of the re-population of
the commercial poultry holdings:

(a)

the poultry undergo at least one clinical examination carried
out by the official veterinarian. That clinical examination, or
if more than one is carried out, the final clinical exami-
nation,
is undertaken as near as possible to the end of
the 21 day period referred to above;

(b) laboratory tests are carried out in accordance with the diag-

nostic manual;

(c) poultry that die during the re-population phase are tested in

accordance with the diagnostic manual;

(d) any person entering or leaving the commercial poultry
holding complies with appropriate biosecurity measures
aimed at preventing the spread of avian influenza;

(e) during the re-population phase no poultry leaves

the
commercial poultry holding without the authorisation of
the competent authority;

Article 50

Diagnostic procedures and diagnostic manual

shall

States

ensure

The Member

sampling and laboratory testing to detect

diagnostic
1.
procedures,
the
presence of avian influenza in poultry or other captive birds
or avian influenza virus
in
accordance with the diagnostic manual
in order to ensure
uniform procedures for its diagnosis.

in mammals are carried out

that

That manual shall be adopted in accordance with the procedure
referred to in Article 64(2) by 3 August 2006. Any subsequent
amendment to the manual shall be adopted in accordance with
the same procedure.

The diagnostic manual provided for in paragraph 1 shall

2.
establish at least the following:

(a) minimum biosecurity requirements and quality standards to
be observed by approved laboratories carrying out tests for
the diagnosis of avian influenza;

(b) criteria and procedures to be followed when clinical or post-
mortem examinations are carried out to confirm or exclude
the presence of avian influenza;

(f)

the owner keeps a record on the production data, including
morbidity and mortality data, which must be updated
regularly;

(c) criteria and procedures to be followed for the collection of
samples from poultry or other captive birds for laboratory
tests to confirm or exclude the presence of avian influenza;
including sampling methods for serological or virological
screenings carried out in accordance with this Directive;

(g) any significant change in production data, as referred to in
point (f), and other abnormalities are immediately reported
to the competent authority.

(d) laboratory tests to be used for the diagnosis of avian

influenza, including:

Based on a risk assessment, the competent authority may
4.
order that
the procedures provided for in paragraph 3 be
applied to holdings other than commercial poultry holdings
or other species on a commercial poultry holding.

(i)

tests for the differential diagnosis;

(ii)

tests to distinguish HPAI and LPAI viruses;

5.
The re-repopulation of poultry in contact holdings shall
take place in accordance with the instructions of the competent
authority based on a risk assessment.

(iii) suitable tests to distinguish between birds vaccinated
and those infected with the field strain of avian
influenza;

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(iv) criteria

the
laboratory tests;

for

evaluation of

the

results of

the

(e)

laboratory techniques for the typing of avian influenza virus
isolates.

3. Member States shall ensure that avian influenza viruses,
their genome and antigens, and vaccines for research, diagnosis
or manufacture of vaccine shall be manipulated or used only in
places,
the
biosecurity
competent
requirements are guaranteed.

laboratories
the

establishments or

authority where

approved by

appropriate

The list of approved places, establishments or laboratories shall
be transmitted to the Commission by 30 September 2007 and
kept up-to-date.

Article 51

Reference laboratories

The laboratory named in Annex VII(1) shall be the
1.
Community reference laboratory for avian influenza (hereinafter
referred to as ‘the Community reference laboratory’).

the Community
Without prejudice to Decision 90/424/EEC,
reference laboratory shall carry out the functions and duties
listed in Annex VII(2).

2. Member States shall designate national reference labora-
tories and communicate to the Commission and other Member
States the details thereof and any subsequent changes. The
Commission shall publish and update the list of such national
reference laboratories.

3. Member States shall ensure that the national reference
laboratories:

(a) carry out the functions and duties set out in Annex VIII;

(b) are responsible for co-ordinating standards and methods of
diagnosis in each Member State in accordance with Annex
VIII and liasing with the Community reference laboratory.

CHAPTER IX

VACCINATION

SECTION 1

General prohibition of vaccination

Article 52

Manufacture, sale and use of avian influenza vaccines

1. Member States shall ensure that:

(a) vaccination against avian influenza is prohibited on their
territory, except as provided for in Sections 2 and 3;

(b) the handling, manufacture, storage, supply, distribution and
sale of avian influenza vaccines on their territory are carried
out under official supervision;

the European Parliament

(c) only vaccines authorised in accordance with Directive
2001/82/EC of
the
Council of 6 November 2001 on the Community code
relating to veterinary medicinal products (17) or Regulation
No 726/2004 of
the
Council of 31 March 2004 laying down Community
procedures
authorisation and supervision of
medicinal products for human and veterinary use and estab-
lishing a European Medicines Agency (18) are used.

the European Parliament and of

and of

the

for

2.
Rules relating to the conditions of supply and storage of
stocks of avian influenza vaccines in the Community may
be adopted in accordance with the procedure referred to in
Article 64(2).

SECTION 2

Emergency vaccination

Article 53

Emergency vaccination in poultry or other captive birds

1.
A Member state may introduce emergency vaccination in
term measure to
poultry or other captive birds as a short
contain an outbreak when a risk assessment indicates there is
a significant and immediate threat of avian influenza spreading
within or into the Member State concerned in accordance with
this Section where there is one or more of the following:

(a) an outbreak within that Member State;

The Community reference laboratory shall maintain close
4.
cooperation and contact with the OIE and FAO reference
laboratory for avian influenza and, as appropriate, with other
internationally recognised laboratories within the Community in
order to ensure training, excellence and support to national
reference laboratories in Member States and Third Countries.

(b) an outbreak in a nearby Member State; or

(17) OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive

2004/28/EC (OJ L 136, 30.4.2004, p. 58).

(18) OJ L 136, 30.4.2004, p. 1.

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(c) where avian influenza has been confirmed in poultry or

other captive birds in a nearby third country.

2. Where a Member State intends to introduce emergency
vaccination, as provided for in paragraph 1, it shall submit an
emergency vaccination plan to the Commission for its approval.

That plan shall be in accordance with a DIVA strategy and
contain at least the following information:

(a)

the disease situation which has led to the application for
emergency vaccination;

(b) the geographical area in which emergency vaccination is to
be carried out and the number of holdings in that area and
the number of holdings to be vaccinated if different;

(c)

the species and categories of poultry or other captive birds
or,
the poultry or other captive birds
compartment to be vaccinated;

if appropriate,

Detailed rules

vaccination may be
3.
established in accordance with the procedure referred to in
Article 64(2).

emergency

for

Article 54

Approval of emergency vaccination plans

The Commission

1.
the
emergency vaccination plan, as provided for in Article 53(2),
together with the Member State concerned and shall review the
situation in the Committee as soon as possible.

immediately

examine

shall

The emergency vaccination plan shall be approved in

2.
accordance with the procedure referred to in Article 64(3).

The approval of the emergency vaccination plan may include
measures restricting the movements of poultry or other captive
birds
include
and their products. Those measures may
restrictions concerning specific poultry compartments and
other captive birds compartments and the establishment of
restricted zones.

(d) the approximate number of poultry or other captive birds

to be vaccinated;

Article 55

Derogations

(e)

the summary of the vaccine characteristics;

1.
By way of derogation from Article 54, Member States may
apply emergency vaccination before approval of the emergency
vaccination plan, subject to the following conditions:

(f)

envisaged duration of

the
campaign;

the

emergency vaccination

(g) the specific provisions on the movements of vaccinated
poultry or other captive birds which shall be without
prejudice to the measures provided for in Sections 3, 4
and 5 of Chapter IV and Section 3 of Chapter V;

(h) the criteria for deciding if emergency vaccination is to be

applied in contact holdings;

(i)

the record keeping and registration of
poultry or other captive birds;

the vaccinated

(j) clinical and laboratory tests to be carried out in the holdings
where emergency vaccination is to be carried out and in
other holdings located in the emergency vaccination area in
order to monitor the epidemiological situation, the effec-
tiveness of the emergency vaccination campaign and the
control of movements of vaccinated poultry or other
captive birds.

(a)

the Commission is notified of the emergency vaccination
plan and the decision to apply emergency vaccination
before the commencement of the emergency vaccination;

(b) the Member State concerned prohibits the movement of
poultry or other captive birds and their products except
under the conditions provided for in Annex IX;

(c)

the decision to apply emergency vaccination does not
endanger disease control.

2. When a Member State applies the derogation provided for
in paragraph 1, the disease situation and the emergency vacci-
nation plan shall be reviewed in the Committee as soon as
possible.

The measures applied may be approved or changed in

3.
accordance with the procedure referred to in Article 64(3).

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SECTION 3

Preventive vaccination

Article 56

Preventive vaccination in poultry or other captive birds

1. Member States may introduce preventive vaccination in
poultry or other captive birds as a long term measure in
accordance with this Section where they deem that on the
basis of a risk assessment certain areas of their territory, type
of poultry husbandry or certain categories of poultry or other
captive
birds
poultry
compartments are exposed to the risk of avian influenza.

captive

other

birds

the

or

or

(i)

the laboratory tests to be carried out in accordance with the
Diagnostic Manual in the holdings where preventive vacci-
nation is to be carried out at the same time as surveillance
and testing in an appropriate number of other holdings
located in the vaccination area or the poultry or other
captive birds compartments in order to monitor the epide-
miological situation,
the preventive
vaccination campaign and the control of movements of
vaccinated poultry or other captive birds.

the effectiveness of

rules

Detailed

3.
vaccination may be
for preventive
established in accordance with the procedure referred to in
Article 64(2).

2. Where a Member State intends to introduce preventive
vaccination, as provided for in paragraph 1, it shall submit a
preventive vaccination plan to the Commission for its approval.

Article 57

Approval of preventive vaccination plan

That plan shall be in accordance with a DIVA strategy and
contain at least the following information:

(a) a clear description of the reasons for the preventive vacci-

nation, including the disease history;

(b) the area, type of poultry husbandry or certain categories of
poultry or other captive birds or the poultry or other
captive birds compartments in which the preventive vacci-
nation is to be carried out and the number of holdings in
that area and the number and type of holdings to be
vaccinated if different;

(c)

the species and categories of poultry or other captive birds
or,
the poultry or other captive birds
compartment to be vaccinated;

if appropriate,

(d) the approximate number of poultry or other captive birds

to be vaccinated;

(e) a summary of the vaccine characteristics;

(f)

envisaged duration of

the
campaign;

the preventive vaccination

(g) the specific provisions on the movements of vaccinated
poultry or other captive birds which shall be without
prejudice to the measures provided for in Sections 3, 4
and 5 of Chapter IV and Section 3 of Chapter V;

(h) the record keeping and registration of

the vaccinated

poultry or other captive birds;

The Commission

examine
the
1.
in Article 56(2),
preventive vaccination plan provided for
together with the Member State concerned and shall review
the situation in the Committee as soon as possible.

immediately

shall

The preventive vaccination plan shall be approved in

2.
accordance with the procedure referred to in Article 64(3).

The approval of the preventive vaccination plan may include
measures restricting the movements of poultry or other captive
birds
include
and their products. Those measures may
restrictions concerning specific poultry compartments and
other captive birds compartments and the establishment of
restricted zones.

SECTION 4

Vaccine banks

Article 58

Community vaccine bank

A Community vaccine bank for the storage of Community
1.
reserves of avian influenza vaccines authorised in accordance
with Directive 2001/82/EC or Regulation (EC) No 726/2004
may be established in accordance with the procedure referred
to in Article 64(2).

2. Member States
vaccine bank on request to the Commission.

shall have access

to the Community

3. Where it
Commission may supply vaccines to third countries.

in the interest of

the Community,

is

the

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to agreements

concluded between the
Without prejudice
Community and third countries, the access of third countries
to the Community vaccine bank shall be authorised in
accordance with the procedure referred to in Article 64(3),
subject to detailed arrangements between the Commission and
the third country concerned on the financial and technical
cooperation to be adopted in accordance with that procedure.

it without delay of

notify
affecting them.

any

subsequent

amendment

Article 62

Contingency plan

Article 59

National vaccine banks

1. Member States shall draw up a contingency plan in
accordance with Annex X specifying the national measures to
be implemented in the event of an outbreak and submit that
plan to the Commission for approval.

the
1. Member States may, within the
contingency plan provided for
in Article 62, establish or
maintain a national vaccine bank for storage of reserves of
avian influenza vaccines authorised in accordance with Article
5 to Article 15 of Directive 2001/82/EC,
to be used for
emergency or preventive vaccination.

framework of

2. Member States maintaining a national vaccine bank shall
inform the Commission of
the
stored vaccines.

the quantities and types of

CHAPTER X

COMMUNITY CONTROLS, PENALTIES AND CONTINGENCY
PLANS

Article 60

Community controls

Commission experts may make on-the-spot checks in coope-
ration with the competent authority, in so far as it is necessary
to ensure uniform application of this Directive in accordance
with Commission Decision 98/139/EC of 4 February 1998
laying down certain detailed rules concerning on-the-spot
checks carried out
in the veterinary field by Commission
experts in the Member States (19) and Article 45 of Regulation
(EC) No 882/2004 of
the
Council of 29 April 2004 on official controls performed to
ensure the verification of compliance with feed and food law,
animal health and animal welfare rules (20).

the European Parliament and of

Article 61

Penalties

Member States shall lay down the rules on penalties applicable
to infringements of national provisions adopted pursuant to this
Directive and shall take all measures necessary to ensure that
they are implemented. The penalties provided for shall be
effective, proportionate and dissuasive. Member States shall
those provisions by the date
notify the Commission of
specified in the first subparagraph of Article 67(1) and shall

(19) OJ L 38, 12.2.1998, p. 10.
(20) OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191,

28.5.2004, p. 1.

It

the

shall give an indication of

2.
The contingency plan shall allow access to facilities,
equipment, personnel and all other appropriate materials
the
rapid and efficient
necessary for
outbreak.
the number and
location of all commercial poultry holdings. The contingency
plan should give an indication of the maximum number of
poultry, by species, that could be present on these commercial
holdings. Member States should also estimate the amount of
vaccine that would be needed in the event of emergency vacci-
nation.

eradication of

3.
Provisions shall be in place for close cooperation between
the competent authorities responsible for the different sectors,
particularly those in charge of animal health, public health,
in
environmental matters and health and safety of workers,
particular to ensure proper risk communication to farmers,
workers in the poultry sector and the public.

4.
The Commission shall examine the contingency plans in
order to determine whether they permit the desired objective to
be attained and shall suggest to the Member State concerned
any amendments required, in particular to ensure that they are
compatible with those of the other Member States.

The contingency plans shall be approved in accordance with the
procedure
referred to in Article 64(2). Any subsequent
amendments to that plan shall be adopted in accordance with
the same procedure.

5. Member State shall update the contingency plan at least
every five years and submit it to the Commission for approval
in accordance with the procedure referred to in Article 64(2).

6.
In addition to the measures provided for paragraphs 1 to
4, further rules to ensure a rapid and efficient eradication of
avian influenza, including provisions on disease control centres,
expert groups and real-time alert exercises, may be adopted in
accordance with the procedure referred to in Article 64(2).

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CHAPTER XI

IMPLEMENTING POWERS AND COMMITTEE PROCEDURE

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

Article 63

Implementing powers

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

1.
Detailed rules necessary for the implementation of this
Directive shall be adopted in accordance with the procedure
referred to in Article 64(2) and may include in particular
specific rules concerning:

(a)

the disposal of carcases, and

(b) the movement and treatment of feed, bedding, used litter,
suspected to be

manure and slurry contaminated or
contaminated.

2.
Any amendments to the annexes to take account of
scientific and technical progress shall be decided in accordance
with the procedure referred to in Article 64(2).

Detailed rules required by the epidemiological situation to
3.
supplement the minimum control measures provided for in this
Directive shall be adopted in accordance with the procedure
referred to in Article 64(3).

4. Without prejudice to the safeguard measures provided for
in Article 9 of 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 (21) or
Article 10 of 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
the internal market (22),
with a view to the completion of
required due to a serious
temporary emergency measures
health threat caused by influenza viruses of avian origin other
than those referred to in point 1 of Article 2, shall be adopted
in accordance with the procedure referred to in Article 64(3).

Article 64

Committee procedure

The Commission shall be assisted by the Standing
1.
Committee on the Food Chain and Animal Health established
by Regulation (EC) No 178/2002 of the European Parliament
and of the Council of 28 January 2002 laying down the general
principles and requirements of
food law, establishing the
European Food Safety Authority and laying down procedures
in matters of food safety (23).

(21) OJ L 395, 30.12.1989, p. 13. Directive as amended by Directive
the Council

the European Parliament and of

2004/41/EC of
(OJ L 157, 30.4.2004, p. 33).

(22) 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).

(23) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

3. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of that Decision shall be
set at 15 days.

4.

The Committee shall adopt its Rules of Procedure.

CHAPTER XII

TRANSITIONAL AND FINAL PROVISIONS

Article 65

Repeal

Directive 92/40/EEC shall be repealed as from 1 July 2007.
References
to Directive 92/40/EEC shall be construed as
references to this Directive and shall be read in accordance
with the correlation table set out in Annex XI.

Article 66

Transitional provisions

1.
Contingency plans for the control of avian influenza
approved in accordance with Article 17(4) of Directive
92/40/EEC and in force at 1 July 2007 shall continue to
apply for the purpose of this Directive.

However, by 30 September 2007 Member States shall submit to
the Commission amendments to those contingency plans, to
bring them in line with this Directive.

Those amended plans shall be approved in accordance with the
procedure referred to in Article 64(2).

2.
Pending the transposition of this Directive, further transi-
tional provisions on the control of avian influenza may be
adopted in accordance with the procedure referred to in
Article 64(2).

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Article 67

Transposition

Article 68

Entry into force

the laws,

1. Member States shall bring into force by 1 July 2007 at the
regulations and administrative provisions
latest,
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

When they are adopted by Member States, these measures shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 69

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 20 December 2005.

For the Council
The President

M. BECKETT

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ANNEX I

(referred to in Article 2)

Definition of avian influenza

1.

‘avian influenza’ means an infection of poultry or other captive birds caused by any influenza A virus:

(a) of the subtypes H5 or H7; or

(b) with an intravenous pathogenicity index (IVPI) in six-week old chickens greater than 1.2;

2.

‘highly pathogenic avian influenza (HPAI)’ means an infection of poultry or other captive birds caused by:

(a) avian influenza viruses of the subtypes H5 or H7 with genome sequences codifying for multiple basic amino acids
at the cleavage site of the haemagglutinin molecule similar to that observed for other HPAI viruses, indicating that
the haemagglutinin molecule can be cleaved by a host ubiquitous protease; or

(b) avian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2;2;

3.

‘low pathogenic avian influenza (LPAI)’ means an infection of poultry or other captive birds caused by avian influenza
viruses of subtypes H5 or H7 that do not come within the definition in paragraph 2.

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ANNEX II

(referred to in Article 5(2))

Notification of disease and further epidemiological information to be provided by Member States

1. Within 24 hours of the confirmation of any primary outbreak or detection of avian influenza in a slaughterhouse or
means of transport, the Member State concerned shall notify in accordance with the procedure referred to in Article 5
of Directive 82/894/EEC:

(a) the date of notification;

(b) the time of notification;

(c) the name of the Member State concerned;

(d) the name of the disease;

(e) the number of the outbreak or positive finding of avian influenza in a slaughterhouse or means of transport;

(f)

the date on which the disease was first suspected;

(g) the date of confirmation;

(h) the methods used for confirmation;

(i) whether the disease has been confirmed in a holding, slaughterhouse or means of transport;

(j)

the geographical location of the outbreak or positive finding of avian influenza in a slaughterhouse or means of
transport;

(k) the disease control measures applied.

2. In the case of positive findings for avian influenza in slaughterhouses or means of transport, the Member State

concerned must forward the following information in addition to the data referred to in paragraph 1:

(a) the estimated number, by category, of susceptible poultry or other captive birds in the slaughterhouse or means of

transport;

(b) the estimated number, by category, of dead poultry or other captive birds in the slaughterhouse or means of

transport;

(c) for each of the categories of poultry or other captive birds, the identified morbidity and the estimated number of

poultry or other captive birds in which avian influenza has been confirmed;

(d) the estimated number of poultry or other captive birds killed or slaughtered in the slaughterhouse or means of

transport;

(e) the estimated number of poultry or other captive birds disposed of;

(f)

in the case of a slaughterhouse, the distance from the nearest commercial holding containing poultry or other
captive birds;

(g) the location of the holding or holdings of origin of the infected poultry or carcases.

3. In the case of secondary outbreaks, the information referred to in paragraphs 1 and 2 must be forwarded within the

time-limits laid down in Article 4(1) of Directive 82/894/EEC.

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4. The Member State concerned shall ensure that the information to be provided in accordance with paragraphs 1, 2 and
3, in relation to any outbreak or positive finding of avian influenza in a slaughterhouse or means of transport is
followed as soon as possible by a written report to the Commission and the other Member States including at least:

(a) the date on which the poultry or other captive birds on the holding, slaughterhouse or means of transport were

killed or slaughtered and their carcases disposed of;

(b) any information relating to the possible origin of avian influenza or, if ascertained, its actual origin;

(c) information on the control system established to ensure that the measures in place for the control of animal

movements are effectively implemented;

(d) in the case of detection of avian influenza in a slaughterhouse or means of transport, the genetic type of virus

responsible;

(e) where poultry or other captive birds have been killed or slaughtered in contact holdings or in holdings containing

poultry or other captive birds suspected of being infected with avian influenza virus, information on:

(i)

the date of killing or slaughtering and the estimated number of poultry or other captive birds of each category
killed or slaughtered in each holding;

(ii)

the epidemiological link between the source of infection and each contact holding or the other reasons that
have given rise to the suspicion that avian influenza is present;

(iii) where poultry or other captive birds in contact holdings have not been killed or slaughtered, information must

be provided concerning the reasons for the decision not to kill or slaughter them.

5. In the case of confirmation of avian influenza in live poultry, other captive birds or poultry products being imported
or introduced at Community borders, in border inspection posts or in quarantine facilities or centres operating in
accordance with Community legislation on imports, the competent authority must notify this confirmation to the
Commission without delay and report on the measures taken.

6. The Commission and the other Member States must be notified within 24 hours where a serious threat to health is

identified as a result of any surveillance.

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ANNEX III

(referred to in Articles 8(3) and 13(3))

Authorisation to remove eggs from a holding in accordance with Article 8(3) and Article 13(3)

The competent authority may authorise the transport of eggs from a holding subject to the provisions of Article 8(3) and
Article 13(3) of this Directive to an establishment approved for the manufacture of egg products in accordance with
Regulation (EC) No 853/2004 (‘the designated establishment’), subject to the following conditions:

1.

in order to be allowed to be removed from the holding of origin, the eggs must be sent directly from the suspected
holding to the designated establishment; each consignment must be sealed before dispatch by the official veterinarian
responsible for the suspected holding or under his supervision and must remain sealed throughout transport to the
designated establishment;

2. the official veterinarian responsible for the holding of origin of the eggs shall inform the competent authority of the

designated establishment of the intention to send the eggs to it;

3. the competent authority responsible for the designated establishment shall ensure that:

(a) the eggs referred to in paragraph 1 are kept isolated from other eggs from the time they arrive until they are

processed;

(b) the shells of such eggs are disposed of;

(c) the packaging used for the eggs is either destroyed or cleansed and disinfected in such a way as to destroy all avian

influenza viruses;

(d) the eggs referred to in paragraph 1 are transported in cleansed and disinfected vehicles. Biosecurity measures are

applied to staff and equipment and vehicles involved in the transport of the eggs.

14.1.2006

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Official Journal of the European Union

L 10/51

ANNEX IV

(referred to in Article 15(2), Article 32(2) and Article 42(2))

Main criteria and risk factors to be considered for the Decision to apply measures in contact holdings or
holdings and areas at risk in the further restricted zones

Indicative criteria

For depopulation

Against depopulation

Clinical signs suggesting avian influenza in contact holdings No clinical signs suggesting avian influenza on the contact

holdings and no epidemiological link

High susceptibility of predominant poultry species

Low susceptibility of predominant poultry species

Movement of poultry or other captive birds from holdings
where avian influenza has been confirmed to contact
holdings after the likely time of introduction of virus on
to those infected holdings

No known movement of poultry or other captive birds
from the holdings where
avian influenza has been
confirmed to contact holdings after the likely time of intro-
duction of virus on to those infected holdings

Location of contact holdings in an area with a high density
of poultry

Location of contact holdings in an area with a low density
of poultry

some time with likely
Disease has been present
spreading of
avian
influenza has been confirmed before application of eradi-
cation measures

from the holdings where

virus

for

Disease present but with limited spreading of virus from
the holdings where avian influenza has been confirmed
before application of eradication measures

Location of contact holdings within 500 metres (1) of the
holdings where avian influenza has been confirmed

Location of contact holdings more than 500 metres (1)
from the holdings where
avian influenza has been
confirmed

The contact holdings are linked to more than one holding
where avian influenza has been confirmed

The contact holdings are not linked to holdings where
avian influenza has been confirmed

The epidemic is not under control and the number of
holdings where avian influenza has been confirmed is
rising

The epidemic is under control

(1) In cases where poultry density is very high, a greater distance must be considered.

L 10/52

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Official Journal of the European Union

14.1.2006

ANNEX V

(referred to in Article 39(1))

Criteria for the Decision to apply measures to holdings in relation to LPAI

When deciding on the movement of poultry or eggs and on depopulation of holdings in accordance with Article 39(1)
the competent authority shall consider the following criteria at least:

(a) species in question;

(b) number of holdings in the area around the holding of dispatch;

(c)

location of designated slaughterhouses, hatcheries and packing centres;

(d) biosecurity measures applied in holdings, poultry or other captive bird compartments, during transport and during

slaughter;

(e)

transport route;

(f) evidence of spread;

(g) public health risk, if any;

(h) further treatments of the products in question;

(i)

socio-economic and other impacts.

14.1.2006

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Official Journal of the European Union

L 10/53

ANNEX VI

(referred to in Article 48)

Principles and procedures for cleansing, disinfection and treatment of holdings

1. The following general principles and procedures shall be applied for the cleansing, disinfection and treatment provided

for in Article 48:

(a) the cleansing and disinfection and, where necessary, the measures to destroy rodents and insects must be carried

out under official supervision and in accordance with the instructions given by the official veterinarian;

(b) the disinfectants to be used and their concentrations must be authorised by the competent authority to ensure the

destruction of avian influenza virus;

(c) disinfectants should either be used in accordance with the recommendations of the manufacturer where provided
or in accordance with the instructions of the official veterinarian and/or the instructions of the competent
authority, if any;

(d) the choice of disinfectants and of procedures for disinfection must be made taking into account the nature of the

holdings, vehicles and objects which are to be treated;

(e) the conditions under which degreasing agents and disinfectants are used must ensure that their efficacy is not
indicated by the manufacturer, such as pressure, minimum

in particular,

impaired;
temperature and required contact time must be observed;

technical parameters

(f)

irrespective of the disinfectant used, the following general rules shall be applied:

(i)

a thorough soaking of bedding and litter, as well as faecal matter, with the disinfectant;

(ii) washing and cleansing by careful brushing and scrubbing of the ground, floors, ramps and walls following the
removal or dismantling, where possible, of equipment or installations otherwise impairing the effective
cleansing and disinfection procedures;

(iii) then, further application of disinfectant for a minimum contact time as stipulated in the manufacturer’s

recommendations;

(g) where washing is carried out with liquids applied under pressure, re-contamination of the previously cleansed parts

must be avoided;

(h) washing, disinfecting or destroying of equipment, installations, articles or anything likely to be contaminated must

be envisaged;

(i)

following disinfection procedures, re-contamination must be avoided;

(j) cleansing and disinfection as required in the framework of this Directive must be documented in the holding or
is required, be certified by the supervising official veterinarian or

vehicle register and, where official approval
person under his supervision;

(k) cleansing and disinfection of vehicles used for transport and by staff.

2. Cleansing and disinfection of infected holdings shall be carried out in accordance with the following principles and

procedures:

(a) preliminary cleansing and disinfection:

(i)

during the killing of the poultry or other captive birds all necessary measures must be taken to avoid or
minimise the dispersion of avian influenza virus; those measures must include the installation of temporary
disinfection equipment,
showers, decontamination of used equipment,
supply of protective clothing,
instruments and facilities and the interruption of power supply to the ventilation;

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Official Journal of the European Union

14.1.2006

(ii) carcases of killed poultry or other captive birds must be sprayed with disinfectant;

(iii) any transport of carcases of poultry or other captive birds which have to be removed from the holding for
disposal shall be carried out in closed, leak proof vehicles or containers under official supervision in such a
way as to prevent the spread of avian influenza virus;

(iv) as soon as the killed poultry or other captive birds have been removed to be disposed of, those parts of the
holding in which they were housed and any parts of other buildings, yards etc. contaminated during the
killing, or the post-mortem examination must be sprayed with disinfectants authorised in accordance with
Article 48;

(v) any tissue or blood spilled during the killing or from the post-mortem examinations must be carefully

collected and disposed of with the killed poultry or other captive birds;

(vi) the disinfectant must remain on the surface for at least 24 hours;

(b) final cleansing and disinfection:

(i) manure and used bedding must be removed and treated as provided in paragraph 3(a);

(ii) grease and dirt must be removed from all surfaces by the application of a degreasing agent, and the surfaces

cleansed with water;

(iii) after washing with cold water, further spraying with disinfectant must be applied;

(iv) after seven days the holding must be treated with a degreasing agent, rinsed with water, sprayed with

disinfectant and rinsed again with water.

3. Disinfection of contaminated bedding, manure and slurry shall be carried out in accordance with the following

principles and procedures:

(a) manure and used bedding shall either:

(i) undergo a steam treatment at a temperature of at least 70 °C;

(ii) be destroyed by burning;

(iii) be buried deep enough to prevent access by wild birds and other animals; or

(iv) be stacked to heat, sprayed with disinfectant and left for at least 42 days;

(b) slurry must be stored for at least 60 days after the last addition of infectious material, unless the competent
authorities authorises a reduced storage period for slurry which has been effectively treated in accordance with the
instructions of the official veterinarian so as to ensure the destruction of the virus.

The competent authority may authorise the transportation of manure, litter and bedding likely to be contaminated to
either an approved treatment plant where a treatment ensuring the destruction of any influenza virus is carried out, or
for intermediate storage before destruction or treatment, in accordance with Regulation (EC) No 1774/2002 or with
the specific rules referred to in Article 63(1) of this Directive. Such transport shall be carried out in closed, leak proof
vehicles or containers under official supervision in such a way as to prevent the spread of avian influenza virus.

4. However, by way of derogation from paragraphs 1 and 2, the competent authority may establish specific procedures
for cleansing and disinfection, taking into account the type of holding and the climatic conditions. The competent
authority shall notify the Commission when this derogation is applied and provide them with details of the specific
procedures.

5. Without prejudice to Article 48(b), if the competent authority is satisfied that any holding or part of any holding
cannot, for any reason, be cleansed and disinfected, it may prohibit the entry of any person, vehicle, poultry, other
captive bird or mammal of domestic species or any thing on to those holdings, or part of those holdings, and such
prohibition shall remain in force for a minimum of 12 months.

14.1.2006

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Official Journal of the European Union

L 10/55

ANNEX VII

(referred to in Article 51(1))

Community reference laboratory for avian influenza

1. The Community reference laboratory for avian influenza is:

Veterinary Laboratories Agency (VLA), New Haw, Weybridge, Surrey KT 15 3NB, United Kingdom.

2. The functions and duties of the Community reference laboratory shall be:

(a) to coordinate, in consultation with the Commission, the methods employed in the Member States for diagnosing

avian influenza, specifically by;

(i)

(ii)

typing, storing and supplying strains of avian influenza virus for serological tests and the preparation of
antisera;

supplying standard sera and other reference reagents to the national reference laboratories in order to
standardise the tests and reagents used in the Member States;

(iii) building up and retaining a collection of avian influenza virus strains and isolates;

(iv) organising periodical comparative tests of diagnostic procedures at Community level;

(v)

collecting and collating data and information on the methods of diagnosis used and the results of tests
carried out in the Community;

(vi)

characterising isolates of avian influenza viruses by the most up-to-date methods available to allow greater
understanding of the epidemiology of avian influenza and to gain an insight into the epidemiology of the
virus and the emergence of highly pathogenic and potentially pathogenic strains;

(vii) keeping abreast of developments in avian influenza surveillance, epidemiology and prevention worldwide;

(viii) retaining expertise on avian influenza virus and other pertinent viruses to enable rapid differential diagnosis;

(ix)

acquiring a knowledge of the preparation and use of the products of veterinary immunology used to control
avian influenza;

(b) to assist actively in the diagnosis of outbreaks in the Community by receiving isolates of influenza viruses of avian
origin for confirmatory diagnosis, characterisation and epidemiological studies and to obtain virus isolates from
primary outbreaks to be submitted from third countries authorised for the importation of live poultry and meat
into the Community pursuant
the
Community reference laboratory shall in particular carry out the following:

to the relevant Community legislation; on the virus isolates received,

(i) nucleotide sequencing analysis to allow determination of the deduced amino acid sequence at the cleavage site

of the haemagglutinin molecule;

(ii) determination of the intravenous pathogenicity index (IVPI);

(iii) antigenic typing;

(iv) phylogenetic analysis to assist in epidemiological investigations;

(c) to facilitate the training or retraining of experts in laboratory diagnosis with a view to the harmonisation of

techniques throughout the Community;

(d) to prepare the programme and working documents for the Annual Meeting of National Reference Laboratories;

L 10/56

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Official Journal of the European Union

14.1.2006

(e) to assist in the conduct of avian influenza surveys in poultry and wild birds to be carried out in the Member States
by supplying antigens in the framework of the programme and the approved testing procedures and prepare a
summary report on the results of the surveys;

(f)

to keep under review the possible zoonotic impact arising from avian influenza viruses and collaborate with
internationally recognised human influenza laboratories;

(g) to develop, in consultation with the Commission, a crisis and contingency plan which shall include provision for
the cooperation with the OIE and FAO reference laboratory for avian influenza and, as appropriate, with other
internationally recognised laboratories within the Community.

14.1.2006

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Official Journal of the European Union

L 10/57

ANNEX VIII

(referred to in Article 51(3))

Function and duties of the national reference laboratories

1. The national reference laboratories shall be responsible for ensuring that in each Member State the laboratory testing
to detect the presence of avian influenza and the identification of the genetic type of virus isolates are carried out in
accordance with the diagnostic manual. For that purpose, they may make special agreements with the Community
reference laboratory or with other national laboratories.

2. The national reference laboratories shall submit isolates of influenza virus of avian origin to the Community reference

laboratory without delay for full characterisation:

(a) from all primary outbreaks of avian influenza;

(b) in case of secondary outbreaks, from representative number of outbreaks;

(c) in case of detection of influenza viruses other than those referred to in Annex I(1) in poultry, other captive birds or

mammals posing a serious threat to health.

3. The national reference laboratory in each Member State shall be responsible for coordinating the standards and

diagnostic methods in each avian influenza diagnostic laboratory within that Member State. For that purpose:

(a) it may provide individual laboratories with diagnostic reagents;

(b) it shall control the quality of all diagnostic reagents used in that Member State;

(c) it shall arrange comparative tests periodically;

(d) it shall hold isolates of avian influenza virus from outbreaks and of any other influenza viruses of avian origin

detected in that Member State;

(e) it shall collaborate with the national human influenza laboratories.

L 10/58

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Official Journal of the European Union

14.1.2006

ANNEX IX

(referred in Article 55(1) point (b))

Requirements for movements of poultry or other captive birds and poultry products applicable in relation to
emergency vaccination

1. Member States shall ensure that movement controls on poultry or other captive birds vaccinated in accordance with
Article 55 and on their products are applied as set out in paragraphs 3 to 8 in accordance with the diagnostic manual.

2. Any vehicles or means of transport and equipment used for transporting live poultry or other captive birds, eggs or
poultry meat within the context of this Annex shall undergo one or more of the cleansing, disinfection or treatment
procedures provided for in Article 48 without delay after it has been used.

3. The following provisions shall apply to the movements of live poultry or other captive birds and eggs within the

vaccination area:

(a) hatching eggs shall:

(i) originate from a vaccinated or unvaccinated breeding flock which has been examined, with favourable results,

in accordance with the diagnostic manual;

(ii) have been disinfected before dispatch in accordance with a method approved by the competent authority;

(iii) be transported directly to the hatchery of destination;

(iv) be traceable within the hatchery;

(b) eggs shall originate from a vaccinated or non-vaccinated layer flock which has been examined, with favourable

results, in accordance with the diagnostic manual and shall be transported to:

(i)

a packing centre designated by the competent authority (‘the designated packing centre’), provided that they
are packed in disposable packaging and that all biosecurity measures required by the competent authority are
applied, or

(ii) an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to
Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to
Regulation (EC) No 852/2004;

(c) day-old chicks shall:

(i) originate from hatching eggs satisfying the conditions set out in (a);

(ii) be placed in a poultry house or shed where there is no resident poultry;

(d) live poultry or other captive birds shall:

(i) have been vaccinated against avian influenza, if provided for in the vaccination programme;

(ii) have been examined, with favourable results, in accordance with the diagnostic manual;

(iii) be placed in a poultry house or shed where there is no resident poultry;

(e) poultry for slaughter shall:

(i) be examined with favourable results before loading in accordance with the diagnostic manual;

(ii) be sent directly to a designated slaughterhouse for immediate slaughter.

14.1.2006

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Official Journal of the European Union

L 10/59

4. The following provisions shall apply to the movements of live poultry or other captive birds and eggs from holdings

outside the vaccination area to holdings within the vaccination area:

(a) hatching eggs shall:

(i) be transported directly to the hatchery of destination;

(ii) be traceable within the hatchery;

(b) eggs shall be transported to:

(i) a packing centre designated by the competent authority (‘the designated packing centre’), provided that they are
packed in disposable packaging and that all biosecurity measures required by the competent authority are
applied, or

(ii) an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to
Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to
Regulation (EC) No 852/2004;

(c) day-old chicks shall be placed in a poultry house or shed where there is no resident poultry;

(d) live poultry or other captive birds shall:

(i) be placed in a poultry house or shed where there is no resident poultry;

(ii) be vaccinated at the farm of destination, if provided for in the vaccination programme;

(e) poultry for slaughter shall be sent directly to a designated slaughterhouse for immediate slaughter.

5. The following provisions shall apply to movements of live poultry or other captive birds, and eggs from holdings

within the vaccination area to a holding outside the vaccination area:

(a) hatching eggs shall:

(i) originate from a vaccinated or unvaccinated breeding flock which has been examined, with favourable results,

in accordance with the diagnostic manual;

(ii) have been disinfected before dispatch in accordance with a method approved by the competent authority;

(iii) be transported directly to the hatchery of destination;

(iv) be traceable within the hatchery;

(b) eggs shall originate from a vaccinated or non-vaccinated layer flock which has been examined, with favourable

results, in accordance with the monitoring diagnostic manual and shall be transported to:

(i)

a packing centre designated by the competent authority (‘the designated packing centre’), provided that they
are packed in disposable packaging and that all biosecurity measures required by the competent authority are
applied, or

(ii) an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to
Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to
Regulation (EC) No 852/2004;

(c) day-old chicks shall:

(i) not have been vaccinated;

(ii) originate from hatching eggs satisfying the conditions set out in point (a) of paragraph 2, point (a) of

paragraph 3 or point (a) of paragraph 4;

(iii) be placed in a poultry house or shed where there is no resident poultry;

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Official Journal of the European Union

14.1.2006

(d) live poultry or other captive birds shall:

(i) not have been vaccinated;

(ii) have been examined with favourable results, in accordance with the diagnostic manual;

(iii) be placed in a poultry-house or shed where there is no resident poultry;

(e) poultry for slaughter shall:

(i) be examined before loading with favourable results, in accordance with the diagnostic manual;

(ii) be sent directly to a designated slaughterhouse for immediate slaughter.

6. For meat obtained from poultry kept within the vaccination area the following provisions shall apply:

(a) for meat obtained from vaccinated poultry, the poultry shall:

(i) have been vaccinated with a vaccine that complies with a DIVA strategy;

(ii) have been inspected and tested with negative results in accordance with the diagnostic manual;

(iii) have been clinically inspected by an official veterinarian within 48 hours before loading and if appropriate any

sentinel birds on the holding shall have been examined by the official veterinarian;

(iv) have been sent directly to a designated slaughterhouse for immediate slaughter;

(b) for any meat obtained from non-vaccinated poultry being sent for slaughter, the poultry shall undergo monitoring

in accordance with the diagnostic manual.

7. The competent authority may authorise the movement of carcases or eggs for disposal from holdings.

8. No further restrictions shall apply to movements of eggs packed and meat from poultry slaughtered in accordance

with this Annex.

9. The movement of poultry (including day-old chicks) or other captive birds from the territory of the Member State is
prohibited from the start of the emergency vaccination campaign until the emergency plan is approved under Article
54 and without prejudice to any further Community measures, unless it is authorised by the competent authority of
the receiving Member State.

14.1.2006

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Official Journal of the European Union

L 10/61

ANNEX X

(referred to in Article 62(1))

Criteria for contingency plans

Contingency plans shall meet the following criteria at least:

1. The establishment of a crisis centre on a national level, which shall coordinate all control measures in the Member

State.

2. A list shall be provided of local disease control centres with adequate facilities to coordinate disease control measures

at local level.

3. Detailed information shall be given about the staff involved in control measures, their skills, their responsibilities and
the instructions for staff, taking account of the need for personal protection and the potential risk to human health
posed by avian influenza.

4. Each local disease control centre must be able to contact rapidly persons and organisations directly or indirectly

involved in an outbreak.

5. Equipment and materials shall be available to carry out effectively the disease control measures.

6. Detailed instructions shall be provided on action to be taken on suspicion and confirmation of

infection or

contamination, including proposed means of disposal of carcases.

7. Training programmes shall be established to maintain and develop skills in field and administrative procedures.

8. Diagnostic laboratories must have facilities for post-mortem examination,

the necessary capacity for serology,
histology etc. and must maintain the skills for rapid diagnosis. Arrangements must be made for rapid transportation
of samples. The contingency plan shall also outline the testing capacity for the laboratory and the resources available
to deal with an outbreak of disease.

9. A vaccination plan dealing with a number of scenarios shall be produced which shall give an indication of which
populations of poultry or other captive birds may be vaccinated, an estimate of the amount of vaccine required and
its availability.

10. Provision shall be made for the availability of data on registration of commercial poultry holdings on their territory,

without prejudice to other relevant provisions established by Community legislation in this field.

11. Provision shall be made for the recognition of officially registered rare breeds of poultry or other captive birds.

12. Provision shall be made for the identification of areas with a high density of poultry.

13. Provision shall be made to ensure the legal powers necessary for the implementation of the contingency plans.

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Official Journal of the European Union

14.1.2006

ANNEX XI

Correlation table

This Directive

Directive 92/40/EEC

—

Article 1, first subparagraph

—

Annex III

Annex III, third subparagraph

Article 1(1)(a), (c)

Article 1(1)(b)

Article 1(2)

Article 2 point (1)

Article 2 point (2)

Article 2 point (3)

Article 2 points (4), to (15), (17), (20), (21) and (22) to
(32)

—

Article 2, point (16)

Article 2, point (18)

Article 2, point (19)

Article 3

Article 4

Article 5(1)

Article 5(2)

Article 5(3)

Article 6(1)

Article 6(2)

Article 6(3) and (4)

Article 7(1)

Article 7(2)(a) and (b)

Article 7(2)(c)

Article 7(2)(d)

Article 7(2)(e) and (g)

Article 7(2)(f)

Article 7(2)(h)

Article 7(3)

Article 7(4)

Article 8

Article 9

Article 10

Article 11(1)

Article 2(b)

Article 2(d)

Article 2(e)

—

—

Article 3

—

—

Article 4(2)(g)

Article 7(1)

—

Article 4(1)

Article 4(2)(a)

Article 4(2)(b)

Article 4(2)(c)

Article 4(2)(d)

Article 4(2)(e)

Article 4(2)(f)

Article 4(2)(g)

—

—

Article 4(5)

—

Article 5(1), introductory wording

Article 11(2), first subparagraph

Article 11(2), second and third subparagraphs

Article 5(1)(a)

—

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Official Journal of the European Union

L 10/63

This Directive

Directive 92/40/EEC

Article 11(3)

Article 11(4)

Article 11(5)

Article 11(6) and (7)

Article 11(8)

Article 11(9)

Article 11(10)

Article 12

Article 13

Article 14

Article 15

Article 16(1)

Article 16(2), (3) and (4)

Article 16(5)

Article 17(1)

Article 17(2)

Article 17(3), (4)

Article 18(a)

Article 18(b)

Article 18(c)

Article 19(a)

Article 19(b), (c) and (d)

Article 19(e) first sentence

Article 19(e) second sentence, (f), (g) and (h)

Article 20

Article 21

Article 22(1) and (3)

Article 22(2)

Article 23(1)

Article 23(2)

Article 24(1)

Article 24(2)

Article 25

Article 26(1)

Article 26(2)

Article 27

Article 5(1)(a)

Article 5(1)(d)

Article 5(1)(c) and (d)

Article 5(1)(b)

Article 5(1)(e)

—

Annex III Chapter 3(3)

—

—

Article 6

Article 8

Article 9(1)

—

Article 9(6)

Article 10

Article 13

—

Article 9(2)(a)

Article 9(2)(b)

—

Article 9(2)(c)

—

Article 9(2)(f), introductory wording

—

Article 9(2)(g)

Article 9(2)(h)

Article 9(2)(e)

—

Article 9(2)(f)(i)

—

Article 9(2)(f)(ii)

—

—

Article 9(2)(f)(iii)

—

Article 9(2)(e)

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This Directive

Directive 92/40/EEC

Article 28

Article 29

Article 30(a)

Article 30(b), (c)

Article 30(d), (e), (g) and (j)

Article 30(f)

Article 30(h)

Article 30(i)

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51(1)

Article 51(2) and (3)

Article 51(4)

Article 52

Article 53(1)

Article 53(2)

Article 53(3)

Article 54

—

Article 9(3)

Article 9(4)(a)

Article 9(4)(b), (c) and (d)

—

Article 9(4)(b)

Article 9(4)(e)

Article 9(4)(f)

Article 9(5)

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 11

Article 5(1)(f)

—

Annex V

Article 14

—

—

Article 16 introductory wording

Article 16, first subparagraph

Article 16(b)

Article 16(b)

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L 10/65

Article 55

Article 56

Article 57

Article 58

Article 59

Article 60

Article 61

Article 62

Article 63(1) and (3)

Article 63(2)

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

Annex I(1)

Annex I(2)

Annex I(3)

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX

Annex X

Annex XI

This Directive

Directive 92/40/EEC

Article 16(a), second subparagraph

—

—

—

—

Article 18

—

Article 17

—

Article 20

Article 21

—

—

Article 22

—

Article 23

Annex III

Annex III, third subparagraph

—

—

Annex I

—

—

Annex II

Annex V

—

—

Annex VI

—