2006/135/EC: Commission Decision of  22 February 2006  concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community  (notified under document number C(2006) 597)   (Text with EEA relevance)
Date: 2006-02-22
Institutions: European Commission
Subjects: animal disease, disease prevention, egg, health control, meat product, poultry, poultrymeat

23.2.2006

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Official Journal of the European Union

L 52/41

COMMISSION DECISION

of 22 February 2006

concerning certain protection measures in relation to highly pathogenic avian influenza in poultry
in the Community

(notified under document number C(2006) 597)

(Text with EEA relevance)

(2006/135/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Council Directive

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

89/662/EEC
checks

to
1989

veterinary

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,

Having regard to Council Directive 2005/94/EC of 20
December 2005 on Community measures for the control of
avian influenza and repealing Directive 92/40/EEC (4), and in
particular Article 66(2) thereof,

Whereas:

(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
serious threat to animal health and to reduce sharply
certain
the profitability of poultry farming. Under
the disease may also pose a risk to
circumstances
human health. There is a risk that
the disease agent
might be spread to other holdings, to wild birds and
from one Member State to other Member States and
third countries through the international trade in live
birds or their products.

(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
2002/33/EC of the European Parliament and of the Council
(OJ
L 315, 19.11.2002, p. 14).

(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 10, 14.1.2006, p. 16.

Highly pathogenic avian influenza A virus of subtype
H5N1 has been isolated from wild birds in certain
parts of the Community and in third countries adjacent
to the Community or populated by migratory birds
during winter. The likelihood of virus introduction with
wild birds is increasing during the forthcoming migratory
season.

(3) Where an H5 avian influenza virus collected from
poultry is isolated on the territory of a Member State
and where, pending the determination of the neurami-
nidase (N) type or of the pathogenicity index, the clinical
picture and the epidemiological circumstances justify the
suspicion of highly pathogenic avian influenza caused by
highly pathogenic influenza A virus of subtype H5N1 or
in
the presence of highly pathogenic avian influenza,
particular of
the
affected Member State should apply certain protection
measures to minimise the risk of disease spread.

that subtype, has been confirmed,

(4)

(5)

(6)

These protective measures should be implemented in
addition to those foreseen in the framework of Council
Directive 92/40/EEC of 19 May 1992 introducing
Community measures
avian
for
influenza (5).

control

the

of

the measures provided for

However,
in Directive
92/40/EEC are minimum control measures and require
supplementary provisions notably on the movement of
certain birds and of products from poultry and other
birds originating in the zone affected by the disease.

the disease may have,

Given the particular disease risk and the epidemiological
situation with regard to highly pathogenic
avian
influenza and taking into account the severe economic
impact
in particular when
occurring in Densely Populated Poultry Areas, supple-
mentary measures should aim at reinforcing the local
regionalising the affected Member
control measures,
State by separating the affected part of
the territory
from the disease free part thereof, and providing reas-
surance to the poultry sector and the trade partners
about
the safety of products dispatched from the
disease free part of the country.

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

(EC) No 806/2003.

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Taking account of the differences in disease risk in case
of an outbreak of highly pathogenic avian influenza, a
high risk area and a low risk area should be established
by the affected Member State in close collaboration with
the Commission.

(11)

(7)

(8)

(9)

should be

If
the epidemiological situation so requires, measures
appropriate in relation to the areas concerned by the
outbreak or suspected outbreak of highly pathogenic
avian influenza
in particular by
describing these areas, and keeping this description
updated depending on the situation, in Annex I to the
present Decision in accordance with the procedure
(4) of Directive
provided for
in Article 10(3) or
(4) of Directive
90/425/EEC and Article 9(3) or
89/662/EEC.

taken,

90/539/EEC

avian influenza

In the interests of consistency, it is appropriate to apply
for the purposes of
this Decision certain definitions
in Council Directive 2005/94/EC of
provided for
20 December 2005 on Community measures for the
and repealing Directive
control of
92/40/EEC (6),
of
Council Directive
15 October 1990 on animal
conditions
governing intra-Community trade in, and imports from
third countries of, poultry and hatching eggs (7), Regu-
lation (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 (8), Regulation
(EC) No 998/2003 of the European Parliament and of
the Council of 26 May 2003 on the animal health
requirements
non-commercial
movement of pet
and amending Council
Directive 92/65/EEC (9).

applicable

animals

health

the

to

(10)

The measures
laid down in Commission Decision
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 (10)
early detection system in areas at particular
should be implemented in the areas affected by the
disease.

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

2003 Act of Accession.

(8) 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
Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).
(9) 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).
(10) 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).

subject

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 (11)
provides for approved bodies, institutes and centres and a
model certificate to accompany animals or their gametes
between such approved premises in different Member
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 (12).

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 (13)
from
establishes a list of
restricted areas
the possibility to
establish a specific identification mark and sets up the
identification 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.

safe, provides

for

(12)

(13)

(14)

(11) 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).

(12) 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
Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

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

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(15)

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 (14)
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

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

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

(ii) birds destined for approved bodies, institutes or centres
as defined in Article 2(1) (c) of Directive 92/65/EEC.

For the purpose of this Decision the following shall also

3.
apply:

(16)

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

(17) Given the disease risk, protection measures should be
in order to address the

adopted at Community level
particular risks in different areas.

(a) The area listed in Part A of Annex I, hereinafter ‘area A’,
shall be considered the area at higher risk including, but not
limited to, the protection zone established in accordance
with paragraphs 2 and 3 of Article 9 and the surveillance
zones established in accordance paragraph 4 of Article 9 of
Directive 92/40/EEC.

(18)

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

in this Decision are in
Standing
the

opinion

the

of

(b) The area listed in Part B of Annex I, hereinafter ‘area B’,
shall separate area A from the disease free part of
the
affected Member State,
if such part is identified, and the
risk of disease in this area shall be considered minimal.

HAS ADOPTED THIS DECISION:

Article 1

Subject matter, scope and definitions

4.
The measures set down in this Decision shall be applied
without prejudice to the measures to be applied in the event of
an outbreak of avian influenza in poultry taken in accordance
with Directive 92/40/EEC.

1.
This Decision lays down certain protection measures to be
applied in cases of highly pathogenic avian influenza in poultry
in the territory of a Member State (hereinafter the ‘affected
Member State’), caused by influenza A virus of subtype H5
suspected (‘suspected outbreak’) or confirmed (‘outbreak’)
to
be of
the
in order to prevent
spread of avian influenza into the disease free parts of the
Community through movement of poultry, other birds as well
as products thereof.

the neuraminidase type N1,

Except as otherwise provided, the definitions of Directive
2.
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;

Article 2

Establishment of areas A and B

Immediately following an outbreak or suspected outbreak
1.
of highly pathogenic avian influenza caused by influenza A
virus of subtype H5 suspected or confirmed to be of the neur-
aminidase type N1, the affected Member State shall establish
areas A and B, having regard to the geographical, administrative,
to avian
ecological
influenza, and notify them to the Commission, to the other
Member States and, as appropriate, to the public.

and epizootiological

relating

factors

The Commission,

2.
in collaboration with the affected
Member State, shall examine the areas established by the
affected Member State and take the appropriate measures in
to Article 9(3) and (4) of
relation to those areas pursuant
Directive 89/662/EEC or to Article 10(3) or (4) of Directive
90/425/EEC.

(c)

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

(14) 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).

3.
If the neuraminidase type is confirmed as being different
from N1, or the virus as of low pathogenicity, the affected
Member State shall abolish the measures
in
relation to the areas concerned and notify the Commission
and the other Member States.

taken by it

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in collaboration with the affected Member
The Commission,
State, shall take the appropriate measures pursuant to Article
9(3) or (4) of Directive 89/662/EEC and to Article 10(3) or (4)
of Directive 90/425/EEC.

(a) dispatched from areas A and B to other Member States and

to third countries;

If the presence of a highly pathogenic influenza A virus,
the

is confirmed in poultry,

4.
notably of the subtype H5N1,
affected Member States shall:

(a) notify the Commission and the other Member States,

ecological

(b) apply the measures provided for in Article 3(1) and (2) for
as long as is necessary having regard to the geographical,
administrative,
factors
and
the date indicated in
relating to avian influenza until
Annex I and in any case for at least 21 days in the case
of the protection zone and 30 days in the case of the
surveillance zone after the date of completion of the preli-
minary cleansing and disinfection on the outbreak holding
in accordance with Article 11 of Directive 92/40/EEC,

epizootiological

(c) keep the Commission and the other Member States
informed about any development with regard to those areas.

(b) dispatched from areas A and B to the remaining part of the

national territory of the affected Member State; and

(c)

transported between areas A and B.

Article 4

Derogations for live birds and day-old chicks

By way of derogation from Article 3(1),

1.
the affected
Member State may authorise the transport of poultry or
farmed feathered game, including spent laying hens,

(a)

in the protection zone for

immediate
from holdings
slaughter
to a slaughterhouse preferably located in the
protection zone, if that is not possible, to a slaughterhouse
outside the protection zone in the affected Member State
which is designated by the competent authority;

The Commission,
in collaboration with the affected Member
State, shall take the appropriate measures pursuant to Article
9(3) or (4) of Directive 89/662/EEC and to Article 10(3) or (4)
of Directive 90/425/EEC.

(b) from holdings in the surveillance zone, during the 15 days
following the establishment of
the zone, directly to a
slaughterhouse within or outside the surveillance zone in
the affected Member State which is designated by the
competent authority;

Article 3

General prohibition

The affected Member State shall ensure that no live
1.
poultry and live birds other than poultry, and hatching eggs
thereof are:

(c)

from holdings
in area A situated either within the
surveillance zone after 15 days following its establishment
or outside the surveillance zone, or in area B, to slaughter-
houses in the affected Member State designated by the
competent authority;

(a) dispatched from areas A and B to other Member States and

to third countries;

(d) from holdings situated outside the area A or area B for
immediate slaughter in a slaughterhouse designated by the
competent authority and situated in area A or area B;

(b) dispatched from areas A and B to the remaining part of the

(e)

national territory of the affected Member State;

from holdings situated outside the area A or area B in
transit by major highways or railways through area A
outside the protection zone or area B.

(c)

transported within areas A and B; and

(d) moved between areas A and B.

By way of derogation from Article 3(1),

2.
the affected
Member State may authorise the transport of day-old chicks:

2.
The affected Member State shall ensure that no products
other than hatching eggs of the species referred to in para-
graph 1 and of wild feathered game are:

(a)

from a hatchery situated in the protection zone to a holding
within the protection or surveillance zone at which there
are no other poultry and which is placed under the official
control provided for in Article 8(2) of Directive 92/40/EEC;

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(b) from a hatchery situated in the surveillance zone 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;

from holdings not keeping poultry or is destined for a quar-
antine established in accordance with Decision 2000/666/EC,
and the birds are accompanied by a veterinary certificate in
accordance with the model set up in Annex II, certifying
compliance with the established animal health conditions,
where required based on owners’ declaration in accordance
with the model set up in Annex III.

(c)

from a hatchery situated in area A in the surveillance zone
they are hatched from eggs
to any holding provided,
collected from holdings situated outside the protection
and surveillance zone, and that the hatchery 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;

(d) from a hatchery situated in the part of area A outside the
surveillance zone or in area B, and at least 10 km away
from any suspected or infected hatchery or holding,
to
holdings under official control in the affected Member State;

(e)

from a hatchery situated in the part of area A outside the
protection zone or in area B to holdings within or outside
the area A, provided that the day-old chicks are hatched
from eggs complying with the requirements in Article
5(1)(d).

5.
The animal health certificates in accordance with Model 2
of Annex IV to Council Directive 90/539/EEC accompanying
consignments of day-old chicks referred to in paragraph 2(c)
and (e) shall include the words:

‘The consignment complies with the animal health conditions
laid down in Commission Decision 2006/135/EC.’

6. Movements allowed in paragraphs 1(a), 2(a) and 3(a) shall
be directly executed, under official control. They shall be
authorised only after the official veterinarian has carried out a
health inspection of the holding. The means of transport used
must be cleaned and disinfected before and after use.

Article 5

Derogations for hatching eggs

3.
By way of derogation from Article 3(1),
Member State may authorise the transport of
pullets,
feathered game:

the affected
ready-to-lay
fattening and other poultry or farmed

turkeys for

(a)

from holdings in the protection zone to a holding within
the surveillance zone at which there are no other poultry
and which is placed under the official control provided for
in Article 8(2) of Directive 92/40/EEC;

(b) from holdings in the surveillance zone after the 15 days
following its establishment 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;

(c)

from holdings situated in the part of area A outside the
surveillance zone or area B, and at
least 10 km away
from any suspected holding,
to holdings under official
control in the affected Member State.

By way of derogation from Article 3(1),

1.
Member State may authorise the dispatch of hatching eggs:

the affected

(a) collected on holdings situated on the day of collection in
the protection zone to a hatchery designated by the
competent authority; provided the eggs and their packing
are disinfected before dispatch;

(b) collected in holdings situated on the day of collection in the
surveillance zone to a hatchery in the affected Member State
which is designated by the competent authority, provided
the eggs and their packaging are disinfected before dispatch;

(c) collected in holdings situated on the day of collection in
area A outside the surveillance zone or area B, and at least
10 km away from any suspect holding, to a designated
following
hatchery in the affected Member State, or
to a
agreement between the
third
designated hatchery in another Member State or
country;

authorities,

competent

By way of derogation from Article 3(1),

4.
the affected
Member State may authorise transport of birds accompanying
their owner to premises outside the area A or area B,
if the
consignment either consists of not more than 5 caged birds

(d) collected from holdings in area A outside the protection or
surveillance zone or in area B on which the poultry has
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 traceability is ensured,
to
hatcheries within or outside the areas A or B.

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2. Movements allowed in paragraph 1(a) shall be directly
executed, under official control and only after the official veter-
inarian has carried out a health inspection of the holding and
the means of transport are cleaned and disinfected before and
after use.

3.
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(c) and
(d) to other Member States shall include the words:

‘The consignment complies with the animal health conditions
laid down in Commission Decision 2006/135/EC.’

Article 6

(i) was

identified with a round stamp as

setup in
accordance with Article 4(2) of Directive 2002/99/EC
in Annex IV to the present Decision; and

(ii) was obtained, cut, stored and transported separately
from other
farmed
feathered game destined for dispatch to other Member
States or for exports to third countries; and

from poultry or

fresh meat

(iii) is used in such a way as to avoid it being introduced
into meat products or meat preparations intended for
placing on the market in other Member States or for
export to third countries, unless it has undergone the
treatment as required for avian influenza specified in
table 1(a),
to Directive
2002/99/EC.

(c) of Annex III

(b) or

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

By way of derogation from Article 3(2),

2.
Member State shall authorise the dispatch of:

the affected

By way of derogation from Article 3(2),

1.
Member State shall authorise the dispatch of:

the affected

(a)

including meat
(a) and (b)

from ratites,
fresh meat
from poultry,
is
referred to in Article 4(1)
if such meat
in
marked with the identification mark provided for
Annex II
to Directive 2002/99/EC and is intended for
transport to an establishment for treatment as required for
avian influenza in table 1(a), (b) or (c) of Annex III to that
Directive;

(b) fresh meat from poultry, including meat from ratites, origi-
nating in area A, outside the protection zone and the
surveillance zones during 15 days following its estab-
lishment, or area B, or produced from poultry referred to
in Article 4(1)(d) and produced in accordance with Annex II
and Sections II and III of Annex III to Regulation (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;

(a)

fresh meat from wild feathered game originating in area A
if such meat is marked with the health mark
or area B,
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 table 1(a), (b) or (c) of Annex
III to that Directive;

(b) meat products produced from meat from wild feathered
game originating in area A or in area B which were
subjected to a treatment as required for avian influenza in
table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC;

(c)

fresh meat from wild feathered game originating outside the
areas A and B and produced in establishments within area A
or area B 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;

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

(d) minced meat, meat preparations, mechanically separated
meat and meat products containing meat referred to in
point (c) and produced in establishments situated in area
A or area B in accordance with Sections V and VI of
Annex III to Regulation (EC) No 853/2004.

(d) fresh meat from poultry and farmed feathered game, minced
meat and meat preparations and mechanically separated
meat
containing such meat, obtained from slaughter
poultry or farmed feathered game originating in the part
of area A outside the protection zone from area A or
area B into the remaining part of its national territory of,
if such meat:

3.
The affected Member State shall ensure that the products
referred to in paragraphs 1(b), (c) and 2(b), (c), (d) are accom-
panied by commercial documents stating:

‘The consignment complies with the animal health conditions
laid down in Commission Decision 2006/135/EC.’

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Article 7

Derogations for eggs for human consumption and egg
products

By way of derogation from Article 3(2),

the affected
1.
Member State may authorise the dispatch of eggs collected
from holdings in the protection or surveillance zone:

(a)

for human consumption to a packing centre designated by
the competent authority, 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
with Chapter XI of Annex II
to Regulation (EC) No
852/2004;

(c)

for disposal
1774/2002.

in accordance with Regulation (EC) No

By way of derogation from Article 3(2), the dispatch to

2.
any destination shall be allowed for:

(a) eggs for human consumption collected from holdings in
area A, outside the protection or surveillance zone, or
area B;

(b) pasteurised egg products in accordance with Chapter II of
Section X of Annex III to Regulation (EC) No 853/2004.

3.
The affected Member State shall ensure that consignments
of eggs for human consumption referred to in paragraph 1(a)
are accompanied by commercial documents stating:

‘The consignment complies with the animal health conditions
laid down in Commission Decision 2006/135/EC.’

Article 8

Derogation for animal by-products

By way of derogation from Article 3(2),

1.
Member State shall authorise:

the affected

(a)

the animal by
the dispatch from area A or area B of
products
set up in
complying with the
Chapters II (A), III (B), IV (A), VI (A and B), VII (A), VIII
(A), IX (A)and X (A) of Annex VII, and Chapters II (B), III (II)
(A) and VII (A) (1)(a) of Annex VIII to Regulation (EC) No
1774/2002;

conditions

(b) the dispatch from area B of 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 or farmed feathered game;

(c)

the dispatch from area A or area B of feathers and parts of
feathers that have been treated with a steam current, or by
some other method that ensures that no pathogens remains,
produced from poultry or farmed feathered game.

The affected Member State shall ensure that the products
2.
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 purpose.

Article 9

Conditions for movements

1. Where movements of animals or products thereof covered
by this Decision are authorised under Articles 4, 5, 6, 7 and 8,
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.

2. Where the dispatch, movement or transport of products
referred to in paragraph 1 are authorised under Articles 5, 6, 7
and 8, subject to justified conditions or limitations, they must
be obtained, handled, treated, 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.

Article 10

Compliance and Information

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

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

in particular of the subtype H5N1,

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The affected Member State shall regularly provide to the Commission and the other Member States the
necessary information on the epidemiology of the disease and, where appropriate the additional control and
surveillance measures and the awareness campaigns implemented.

Article 11

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 22 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX I

PART A

Area A as referred to in Article 2(1):

ISO Country Code

Member State

Area A

Area B as referred to in Article 2(2):

PART B

ISO Country Code

Member State

Area B

Date until
applicable

Date until
applicable

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Model certificate for the movement of pet birds in accordance with Article 4(4):

ANNEX II

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Declaration of the owner or representative of the owner of the pet birds as required by Article 4 (4):

ANNEX III

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Details of the identification mark referred to in Article 6 (1) (d) (i):

ANNEX IV

Dimensions:

XYZ (a) = 8 mm

1234 (b) = 11 mm

Circle outer diameter = not less than 30 mm

Line thickness of circle = 3 mm

(a) means the relevant country code provided for in point 6 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.
(b) means the approval number of the establishment referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No

853/2004.