2006/277/EC: Commission Decision of  7 April 2006  amending Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community  (notified under document number C(2006) 1480)   (Text with EEA relevance)
Date: 2006-04-07
Institutions: European Commission
Subjects: animal disease, animal product, bird, disease prevention, health control, poultry, trade restriction, veterinary inspection

12.4.2006

EN

Official Journal of the European Union

L 103/29

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 7 April 2006

amending Decision 2006/115/EC concerning certain protection measures in relation to highly
pathogenic avian influenza in wild birds in the Community

(notified under document number C(2006) 1480)

(Text with EEA relevance)

(2006/277/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

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) 998/2003 of 26 May 2003 of
the European Parliament and of the Council on the animal
health
non-commercial
movement of pet animals and amending Council Directive
92/65/EEC (3), and in particular Article 18 thereof,

requirements

applicable

the

to

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

(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).

(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).

serious threat to animal and public health and to reduce
sharply the profitability of poultry farming. There is a
risk that the disease agent might be spread from wild
birds to domestic birds, notably poultry, and from one
Member State to other Member States and third countries
trade in live birds or their
through the international
products.

the

Commission

Cases of highly pathogenic avian influenza of the subtype
virus H5NI are suspected or confirmed in several
Member States. Taking into account the epidemiological
situation,
Decision
2006/115/EC of 17 February 2006 concerning certain
protection measures in relation to highly pathogenic
avian influenza in wild birds in the Community and
2006/90/EC,
repealing
2006/91/EC,
and
2006/105/EC (4).

2006/104/EC

2006/86/EC,

2006/94/EC,

Decisions

adopted

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 (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 in
wild birds.

(2)

(3)

(4)

(4) OJ L 48, 18.2.2006, p. 28.
(5) OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

L 103/30

EN

Official Journal of the European Union

12.4.2006

is necessary to clarify the

interaction between
It
Community measures
taken in relation to highly
pathogenic avian influenza caused by an influenza A
virus of the serotype H5N1 in wild birds and those to
be applied in case of the disease in poultry.

(11)

It appeared also necessary to further specify the starting
point
the measures
provided for in this Decision.

the minimum duration of

for

(5)

(6)

(7)

(8)

(9)

(10)

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.
However certain adjustments are admissible as long as
they are in accordance with the relevant provisions of the
above Directive.

Transport of hatching eggs from the protection zones
should be permitted under certain conditions. Specific
derogations should be provided for hatching eggs or
SPF-eggs used in specialised laboratories or institutes
for scientific, diagnostic or pharmaceutical purposes.

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 (1),
from
establishes a list of
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.

Commission Regulation (EC) No 2076/2005 of 5 De-
cember 2005 laying down transitional arrangements for
the implementation of Regulations (EC) No 853/2004,
(EC) No 854/2004 and (EC) No 882/2004 of
the
European Parliament and of the Council and amending
(EC) No
Regulations
854/2004 (2),
transitional measures
identification mark for
allowing the use of a national

(EC) No
provides

853/2004
for

and

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 338, 22.12.2005, p. 83.

of

animal

human
origin
products
consumption which may only be marketed in the
national territory of the Member State where they are
produced.

intended

for

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 (3),
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.
However it should also be possible to authorise the
transport of such by-products to designated processing
plants in order to be treated to the standards mentioned
above, or to avail of the derogations provided for in
Article 23 of that Regulation.

effectively

utilisation

inactivate

that

(12)

Commission Decision 2006/115/EC should be amended
accordingly.

(13)

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/115/EC is amended as follows:

1. the following paragraph is added to Article 2:

‘5.
The measures laid 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 or, where applicable,
to more
in
relation to highly pathogenic avian influenza in poultry
caused by an influenza virus of the type H5N1.’;

stringent Community protective measures

(3) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).

12.4.2006

EN

Official Journal of the European Union

L 103/31

2. the second paragraph of Article 5 is

replaced by the

6. the following is added to Article 8(1):

following:

‘If the presence of a highly pathogenic influenza A virus, in
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,
factors
and
administrative,
relating to avian influenza and for at least 21 in the case
of
the
the protection zone and 30 days in the case of
surveillance zone after the date of collection from wild
birds of
the samples on which a highly pathogenic H5
avian influenza virus was confirmed.’;

epizootiological

ecological

‘(g)

from poultry or farmed feathered game,
fresh meat
minced meat and meat preparations and mechanically
separated meat containing such meat, obtained from
slaughter poultry or farmed feathered game originating
in or outside that zone to the remaining part of its
national territory, if such meat:

(i) was,

in accordance with Article 4 of Directive
2002/99/EC,
identified either with the mark
provided for in Annex II to Directive 2002/99/EC
or the national mark established in accordance with
Article 4 of Regulation (EC) No 2076/2005;

3. Article 6(1) is replaced by the following:

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

‘1.
Member State may authorise the transport of

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

(a) poultry and farmed feathered game to holdings under
official control situated either in the protection or in
the surveillance zone;

(b) ready-to-lay pullets to holdings under official control in
the same Member State and the poultry shall remain on
the holding of destination for 21 days following the
arrival of those pullets.’;

4. Article 6(2)(b) is replaced by the following:

‘(b) day-old chicks from the protection zone to holdings
that
under official control on its territory provided,
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,
is carried out under the conditions
or the transport
described in Article 24(1)(a) and (b) of Directive
remain on the
2005/94/EC and the poultry shall
holding of destination for 21 days
following the
arrival of those chicks;’

5. the following is added to Article 7(1):

‘(c) the dispatch of hatching eggs or SPF-eggs from the
protection zone to designated laboratories or institutes
for scientific, diagnostic or pharmaceutical uses.’;

(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
to third countries,
Member States or for export
unless it has undergone the treatment as required
for avian influenza specified in table 1(a), (b) or (c)
of Annex III to Directive 2002/99/EC.’

7. Article 8(2) is deleted.

8. Article 9(1)(a) is replaced by the following:

‘(a) animal by-products which

III(B),

(i) comply with the conditions set out

in Chapters
II(A),
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 Title (II)(A) of Annex VIII to Regu-
lation (EC) No 1774/2002; or

processing

(ii) are transported under bio-secure conditions

to
designated
in
accordance with Chapter III or Chapter IV of Regu-
lation (EC) No 1774/2002 for treatment to ensure
at least the inactivation of the avian influenza virus;
or

approved

plants

L 103/32

EN

Official Journal of the European Union

12.4.2006

(iii) are transported under bio-secure conditions

processing into feed for animals
with the derogation provided for
23(2)(c) of Regulation (EC) No 1774/2002.’

for
in accordance
in Article

Article 3

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 7 April 2006.

Article 2

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

shall

For the Commission

Markos KYPRIANOU
Member of the Commission