2006/115/EC: Commission Decision of  17 February 2006  concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC  (notified under document number C(2006) 554)   (Text with EEA relevance)
Date: 2006-02-17
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, egg, health control, meat product, poultry, poultrymeat

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COMMISSION

COMMISSION DECISION

of 17 February 2006

concerning certain protection measures in relation to highly pathogenic avian influenza in wild
birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC,
2006/104/EC and 2006/105/EC

(notified under document number C(2006) 554)

(Text with EEA relevance)

(2006/115/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

from wild birds to domestic birds, notably poultry, and
from one Member State to other Member States and
third countries through the international trade in live
birds or their products.

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

veterinary

checks

(2)

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

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

Whereas:

Cases of highly pathological avian influenza of
the
subtype virus H5NI are suspected or confirmed in
several Member States. The Commission has already
into
adopted interim protection measures. Taking
it is appropriate
account the epidemiological situation,
to
at
take
Community
from
spreading from wild birds to poultry.

protection measures

necessary
to

prevent

disease

level,

that

the

(3) Where an H5 avian influenza virus collected from a
clinical case in wild birds is isolated on the territory of
a Member State and where pending the determination of
the neuraminidase (N)
the pathogenicity
index the clinical picture and the epidemiological circum-
stances justify the suspicion of highly pathogenic avian
influenza caused by influenza A virus of subtype H5N1
or the presence of that subtype has been confirmed, the
affected Member State should apply certain protection
measures to minimise the risk for poultry.

type and of

(1)

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

threat

(4)

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive

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

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

the European Parliament and of

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

The specific measures provided for
in this Decision
should apply without prejudice to the measures to be
taken by Member States in the framework of Council
Directive 92/40/EEC of 19 May 1992 introducing
Community measures
avian
for
influenza (4).

control

the

of

(3) OJ L 146, 13.6.2003, p. 1. Regulation as

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

(4) OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003.

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(5)

(6)

(7)

(8)

(9)

for

avian influenza

In the interests of consistency, it is appropriate to apply
for the purposes of
this Decision certain definitions
provided for in Council Directive 2005/94/EC of 20
December 2005 on Community measures
the
and repealing Directive
control of
92/40/EEC (1), Council Directive 90/539/EEC of 15
October 1990 on animal health conditions governing
intra-Community trade in, and imports
from third
countries of, poultry and hatching eggs (2), Regulation
(EC) No 853/2004 of the European Parliament and of
the Council of 29 April 2004 laying down specific
hygiene rules for food of animal origin (3), Regulation
(EC) No 998/2003 of the European Parliament and of
the Council of 26 May 2003 on the animal health
non-commercial
requirements
movement of pet
and amending Council
Directive 92/65/EEC (4).

applicable

animals

the

to

Protection and surveillance zones should be established
around the place where the disease was detected in wild
birds. Those zones should be limited to what is necessary
to prevent virus introduction into commercial and non-
commercial poultry flocks.

It is appropriate to control and restrict the movement of,
in particular, live birds and hatching eggs while allowing
the controlled dispatch from the zones of such birds and
products of avian origin subject to certain conditions.

laid down in Commission Decision
The measures
2005/734/EC of 19 October 2005 laying down biose-
curity measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by Influenza
virus A subtype H5N1 from birds living in the wild to
poultry and other captive birds and providing for an
risk (5)
early detection system in areas at particular
should be implemented in protection and surveillance
independently of the defined risk status of the
zones,
is
area where highly pathogenic
suspected or confirmed in wild birds.

avian influenza

and embryos not

Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in
and imports into the Community of animals, semen,
ova
to animal health
requirements laid down in specific Community rules
referred to in Annex A (I) to Directive 90/425/EEC (6)
provides for approved bodies, institutes and centres and a
model certificate to accompany animals or their gametes
between such approved premises in different Member

subject

(1) OJ L 10, 14.1.2006, p. 16.
(2) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003

Act of Accession.

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

(4) OJ L 146, 13.6.2003, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).
(5) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2005/855/EC (OJ L 316, 2.12.2005, p. 21).

(6) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive

2004/68/EC (OJ L 139, 30.4.2004, p. 321).

(10)

(11)

(12)

(13)

restrictions
States. A derogation from the transport
should be
coming from and
proceeding to bodies, institutes and centres approved in
accordance with that Directive.

envisaged for birds

Transport of hatching eggs from the protection zones
should be permitted under certain conditions. The
dispatch of hatching eggs to other countries may be
permitted subject in particular to compliance with the
conditions referred to in Directive 2005/94/EC. In such
cases
in
accordance with Directive 90/539/EEC should include a
reference to this Decision.

the animal health certificates provided for

The dispatch from protection zones of meat, minced
meat, meat preparations and meat products should be
permitted subject to certain conditions, in particular as
regards compliance with certain requirements of Regu-
lation (EC) No 853/2004 and of Regulation (EC) No
the
854/2004 of
Council of 29 April 2004 laying down specific rules
for the organisation of official controls on products of
animal origin intended for human consumption (7).

the European Parliament and of

treatments rendering meat

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 (8)
establishes a list of
from
restricted areas safe, and provides for the possibility to
establish a specific health mark and the health mark
required for meat not authorised for placing on the
market for animal health reasons. It is appropriate to
permit the dispatch from the protection zones of meat
bearing the health mark provided for in that Directive
and meat products subjected to treatment referred to
therein.

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
animal by-
concerning
laying down health rules
intended for human consumption (9)
products not
authorises the placing on the market of a range of
animal by-products, such as gelatine for technical use,
materials for pharmaceutical use and others, originating
in areas of
animal health
the Community under
restrictions, because those products are considered safe
due to the specific conditions of production, processing
and
possible
pathogens or prevent contact with susceptible animals.

effectively

utilisation

inactivate

that

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

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

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(14)

This Decision should be reviewed in the light of the
transposition of Directive 2005/94/EC by Member States.

(ii) birds for zoos, circuses, amusement parks and experi-

mental laboratories.

(15)

(16)

State

in Greece,

the Commission,

Following the notification of cases of highly pathogenic
avian influenza caused by influenza A virus of subtype
H5N1 in wild avian fauna
Italy and
collaboration with
Slovenia
in
the Member
adopted Decisions
concerned,
2006/91/EC (3),
2006/90/EC (2),
2006/86/EC (1),
2006/94/EC (4), 2006/104/EC (5) and 2006/105/EC (6)
concerning
in
relation to suspected cases of highly pathogenic avian
influenza in wild birds in the respective Member State,
which should be repealed.

certain interim protection measures

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

in this Decision are in
Standing
the

opinion

the

of

Article 2

Establishment of protection and surveillance zones

The affected Member State shall establish around the area
1.
where the presence of highly pathogenic avian influenza caused
by influenza A virus of subtype H5 in wild birds is confirmed
and the neuraminidase
suspected or
confirmed:

type N1 is

either

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

and

HAS ADOPTED THIS DECISION:

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

including the protection zone.

Article 1

Subject matter, scope and definitions

1.
This Decision lays down certain protection measures to be
applied in cases where highly pathogenic avian influenza is
isolated in wild birds in the territory of a Member State (here-
inafter the ‘affected Member State’), caused by influenza A virus
of subtype H5 suspected or confirmed to be of the neurami-
nidase type N1,
the spread of avian
influenza from wild birds to poultry or other captive birds as
well as the contamination of products thereof.

to prevent

in order

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

(a)

‘hatching eggs’ means eggs as defined in Article 2(2) of
Directive 90/539/EEC;

(b) ‘wild feathered game’ means game as defined in point 1.5,
second indent, and point 1.7 of Annex I to Regulation (EC)
No 853/2004;

The establishment of the protection and surveillance zones
2.
referred to in paragraph 1 shall take account of geographical,
administrative, ecological and epizootiological factors relating to
avian influenza, and of monitoring facilities.

3.
If the protection or surveillance zones cover the territories
of other Member States, the affected Member State shall colla-
borate with the authorities of those Member States to establish
the zones.

4.
The affected Member State shall notify to the Commission
and to the other Member States the details of any protection
and surveillance zones established under this Article, and shall,
as appropriate, inform the public of the measures taken.

Article 3

Measures in the protection zone

(c)

‘other captive birds’ means birds as defined in point 6 of
Article 2 of Directive 2005/94/EC, including:

The affected Member State shall ensure that at least the

1.
following measures are applied in the protection zone:

(i) pet animals of the bird species as referred to in Article

3(a) of Regulation (EC) No 998/2003, and

(a)

the identification of all holdings within the zone;

(1) OJ L 40, 11.2.2006, p. 26.
(2) OJ L 42, 14.2.2006, p. 46.
(3) OJ L 42, 14.2.2006, p. 52.
(4) OJ L 44, 15.2.2006, p. 25.
(5) OJ L 46, 16.2.2006, p. 53.
(6) OJ L 46, 16.2.2006, p. 59.

(b) periodic and documented visits to all commercial holdings a
if necessary, the

clinical
inspection of poultry including,
collection of samples for laboratory examination;

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(c)

the holding,

the implementation of appropriate on-farm biosecurity
measures, including disinfection at the entrances and exits
of
the
confinement of poultry to places where the direct and
indirect contact with other poultry and captive birds can
be prevented;

the housing of

the poultry or

Article 4

Measures in the surveillance zone

The affected Member State shall ensure that at least the

1.
following measures are applied in the surveillance zone:

(d) the implementation of the biosecurity measures laid down

(a)

the identification of all holdings within the zone;

in Decision 2005/734/EC;

(e)

the control of the movement of products from poultry in
accordance with Article 9;

(b) the implementation of appropriate on-farm biosecurity
measures, including the use of appropriate means of disin-
fection at the entrances and exits of the holding;

(f) active disease monitoring in the population of wild birds, in
particular water fowl, if necessary with the co-operation of
hunters and bird-watchers who have been specifically
instructed on measures
from
infection with the virus and to prevent the spread of the
virus to susceptible animals;

to protect

themselves

(g) campaigns to inform the public and to increase disease
awareness amongst owners, hunters and bird-watchers.

The affected Member State shall ensure that the following

2.
are prohibited in the protection zone:

(a)

the removal of poultry and other captive birds from the
holding on which they are kept;

(c)

the implementation of the biosecurity measures laid down
in Decision 2005/734/EC;

(d) the control of movement of poultry and other captive birds

and hatching egg within the zone.

The affected Member State shall ensure that the following

2.
are prohibited in the surveillance zone:

(a) movement of poultry and other captive birds out of the
zone for the first 15 days following the establishment of
the zone;

(b) the assembly of poultry and other captive birds at fairs,

markets, shows or other gatherings;

(b) the assembly of poultry and other birds at fairs, markets,

shows or other gatherings;

(c)

the transport through the zone of poultry and other captive
birds, except
railways and
transit on major
transport to a slaughterhouse for direct slaughter;

roads or

(c)

the hunting of wild birds.

Article 5

(d) the dispatch from the zone of hatching eggs;

Duration of the measures

(e)

the dispatch from the zone of fresh meat, minced meat,
meat preparations and meat products from poultry and
other captive birds and wild feathered game;

(f)

the transport or spread outside the zone of unprocessed
used litter or manure from holdings within the zone,
except the transport for treatment in accordance with Regu-
lation (EC) No 1774/2002;

(g) the hunting of wild birds.

If the neuraminidase type is confirmed as being different from
N1, or the virus as of low pathogenicity, the measures provided
for in Articles 3 and 4 shall be abolished.

in
If the presence of a highly pathogenic influenza A virus,
particular of the subtype H5N1,
is confirmed in wild birds,
the measures provided for in Articles 3 and 4 shall apply for
as long as is necessary having regard to the geographical,
administrative, ecological and epizootiological factors relating
to avian influenza and for at
the
protection zone and 30 days in the case of the surveillance
zone after the date on which an H5 avian influenza virus,
collected from a clinical case in wild birds, has been isolated.

least 21 in the case of

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Article 6

Article 7

Derogations for live birds and day-old chicks

Derogations for hatching eggs

By way of derogation from Article 3(2)(a), the affected
1.
ready-to-lay
Member State may authorise the transport of
pullets,
turkeys for fattening and other poultry and farmed
feathered game to holdings under official control situated
either in the protection or in the surveillance zone.

By way of derogation from Article 3(2)(d), the affected

1.
Member State may authorise:

(a)

the transport of hatching eggs from the protection zone to
a designated hatchery within its territory;

2.
By way of derogation from Article 3(2)(a) or Article
4(2)(a), the affected Member State may authorise the transport
of:

(b) the dispatch of hatching eggs from the protection zone to
the affected

hatcheries situated outside the territory of
Member State provided that:

(a) poultry for

immediate slaughter,

laying
hens, to a slaughterhouse located in the protection zone
or in the surveillance zone or, if that is not possible, to a
slaughterhouse designated by the
competent authority
outside the zones;

including spent

(b) day-old chicks from the protection zone to holdings under
official control on its territory provided, that either on the
holding of destination there are no other poultry or captive
birds, except pet birds referred to in Article 1(2)(c)(i), which
are kept separated from poultry, or the transport is carried
out under the conditions described in Article 24(1)(a), (b) of
Directive 2005/94/EC and the poultry shall remain on the
holding of destination for 21 days;

(i) the hatching eggs were collected from flocks which:

— are not suspected of being infected with avian

influenza, and

— have tested negative in a serological survey for avian
influenza capable of detecting 5 % prevalence of
disease with at least a 95 % level of confidence, and

(ii) the conditions laid down in Article 26(1)(b), (c) and (d)

of Directive 2005/94/EC are fulfilled.

(c) day-old chicks from the surveillance zone to holdings under

official control on its territory;

2.
The animal health certificates in accordance with Model 1
of Annex IV to Council Directive 90/539/EEC accompanying
consignments of hatching eggs referred to in paragraph 1(b)
dispatched to other Member States shall include the words:

(d) ready-to-lay pullets, turkeys for fattening and other poultry
and farmed feathered game from the surveillance zone to
holdings under official control on its territory;

(e) pet birds referred to in Article 1(2)(c)(i), to premises on its
territory not keeping poultry, if the consignment consists of
five or fewer caged birds, notwithstanding national rules
referred to in Article 1,
third paragraph, of Directive
92/65/EEC;

‘This
health
complies with
conditions laid down in Commission Decision 2006/115/EC’.

consignment

animal

the

Article 8

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

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

(f) birds referred to in Article 1(2)(c)(ii) coming from bodies,
institutes and centres and proceeding to bodies,
institutes
and centres approved in accordance with Article 13 of
Directive 92/65/EEC.

(a)

fresh meat from poultry, including meat from ratites, origi-
nating in or outside that zone and produced in accordance
with Annex II and Sections II and III of Annex III to Regu-
lation (EC) No 853/2004 and controlled in accordance with
Sections I, II, III, and Chapters V and VII of Section IV of
Annex I to Regulation (EC) No 854/2004;

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(b) minced meat, meat preparations, mechanically separated
meat and meat products containing meat referred to in
point (a) and produced in accordance with Sections V and
VI of Annex III to Regulation (EC) No 853/2004;

(b) untreated feathers or parts of feathers in accordance with
Chapter VIII (A)(1)(a) of Annex VIII to Regulation (EC) No
1774/2002, produced from poultry coming from outside
the protection zone;

(c)

if

such meat

fresh meat from wild feathered game originating in that
zone,
is marked with the health mark
provided for in Annex II to Directive 2002/99/EC and is
intended for transport to an establishment for treatment as
required for avian influenza in accordance with Annex III to
that Directive;

(c)

treated poultry feathers and parts of poultry feathers that
have been treated with a steam current or by some other
method that ensures that no pathogens remain;

(d) meat products produced from meat from wild feathered
game which were subjected to a treatment as required for
avian influenza in accordance with Annex III to Directive
2002/99/EC;

(d) products derived from poultry or other captive birds which,
in accordance with Community legislation, are not subject
to any animal health conditions or which are not subject to
reasons of animal health,
any ban or
including the products referred to in Chapter VII (A)(1)(a)
of Annex VIII to Regulation (EC) No 1774/2002.

restriction for

(e)

fresh meat from wild feathered game originating outside the
protection zone and produced in establishments within the
protection zone in accordance with Section IV of Annex III
to Regulation (EC) No 853/2004 and controlled in
accordance with Chapter VIII of Section IV of Annex I to
Regulation (EC) No 854/2004;

(f) minced meat, meat preparations, mechanically separated
meat and meat products containing meat referred to in
point (e) and produced in establishments situated in the
protection zone in accordance with Sections V and VI of
Annex III to Regulation (EC) No 853/2004.

The affected Member State shall ensure that the products
2.
referred to in paragraph 1(e) and (f) are accompanied by a
commercial document stating:

‘This
health
complies with
conditions laid down in Commission Decision 2006/115/EC’.

consignment

animal

the

Article 9

Conditions for animal by-products

In accordance with Article 3(1)(e), the affected Member

1.
State may authorise the dispatch of:

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

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

Article 10

Conditions for movements

1. Where movements of animals or products thereof covered
by this Decision are authorised under Articles 6, 7, 8 or 9, the
authorisation shall be based on the favourable outcome of a risk
assessment carried out by the competent authority, and all
appropriate biosecurity measures shall be taken to avoid the
spread of avian influenza.

(a) animal by-products complying with the conditions

set
out in Chapters II (A), III (B), IV (A), VI (A and B), VII
(A), VIII (A), IX (A) and X (A) of Annex VII, and Chapter
II (B) and Chapter III (II) (A) of Annex VIII to Regulation
(EC) No 1774/2002;

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

treated,

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Article 11

Compliance

Article 12

Repeals

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

Commission Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC,
2006/94/EC, 2006/104/EC and 2006/105/EC are repealed.

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

regularly provide to the
The affected Member State shall
Commission and the other Member States the necessary infor-
mation on the epidemiology of the disease, where appropriate
the additional control and surveillance measures and the
awareness campaigns, and in any case in advance the infor-
in
mation on the scheduled withdrawal of
accordance with Article 5.

the measures

Article 13

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 17 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission