2006/416/EC: Commission Decision of  14 June 2006  concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry or other captive birds in the Community  (notified under document number C(2006) 2402)   (Text with EEA relevance)
Date: 2006-06-14
Institutions: European Commission
Subjects: agricultural census, animal disease, animal product, exchange of information, health control, poultry, trade restriction, veterinary inspection

16.6.2006

EN

Official Journal of the European Union

L 164/61

COMMISSION DECISION

of 14 June 2006

concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry
or other captive birds in the Community

(notified under document number C(2006) 2402)

(Text with EEA relevance)

(2006/416/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 (1), and in
particular Article 66(2) thereof,

Whereas:

(1)

(2)

(3)

Avian Influenza is a serious, highly contagious disease of
poultry and other birds caused by different
types of
viruses included in the very large virus family called
Influenzaviridae. Avian influenza viruses may also spread
to mammals, including humans, usually following direct
contact with infected birds. Current knowledge indicates
that
so-called low
pathogenic avian influenza (LPAI) viruses - are inferior
to the one posed by highly pathogenic avian influenza
(HPAI) viruses, which originate from a mutation of
certain LPAI viruses.

the health risks posed by the

Community measures for the control of avian influenza
caused by HPAI viruses were established by Council
Directive 92/40/EEC of 19 May 1992 introducing
Community measures
avian
for
control
influenza (2),
to protect animal health and
in order
contribute to the development of the poultry sector.

the

of

The measures laid down in Directive 92/40/EEC have
been fundamentally reviewed in the light of
recent
scientific knowledge on the risks of avian influenza for
animal and public health,
the development of new
laboratory tests and vaccines and the lessons learnt
during
in the
Community as well as in third countries. Taking into
account that review, Directive 92/40/EEC was repealed
and replaced by Directive 2005/94/EC. Under Directive
2005/94/EC Member States have until 1 July 2007 to
transpose its provisions into national law.

outbreaks

disease

recent

this

of

(1) OJ L 10, 14.1.2006, p. 16.
(2) OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003

Act of Accession.

Due to the current worldwide situation in relation to
avian influenza, it is necessary to lay down transitional
measures to be applied on holdings where outbreaks of
avian influenza caused by HPAI viruses are suspected or
confirmed in poultry or other captive birds, pending the
transposition of Directive 2005/94/EC by the Member
States.

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

In the interests of consistency and clarity of Community
legislation, the transitional measures to be provided for
in this Decision should take account of
the disease
control measures provided for in Directive 2005/94/EC
and the definitions laid down in that Directive apply to
this Decision.

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

in this Decision are in
Standing
the

opinion

the

of

(5)

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

1.
This Decision lays down certain transitional measures to
be applied in a Member State where outbreaks of avian
influenza caused by highly pathogenic avian influenza (HPAI)
viruses are suspected or confirmed in poultry or other captive
birds.

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2. Without prejudice to the measures to be applied on
holdings,
in
and in protection and surveillance
accordance with Directive 92/40/EEC the measures provided
for in this Decision shall be applied by Member States that
the provisions of Directive
have not
2005/94/EC concerned by this Decision.

transposed

zones

fully

Article 2

Notification

1. Member States shall ensure that the suspected presence
and presence of HPAI are compulsorily and immediately
notified to the competent authority.

2. Member States shall notify the results of any surveillance
for highly pathogenic avian influenza virus carried out
in
mammals and shall
immediately inform the Commission of
any positive results following this surveillance.

Article 3

Measures to be applied on holdings where outbreaks are
suspected

In the case of a suspected outbreak,

the competent
1.
authority shall
immediately set in motion an investigation to
confirm or exclude the presence of avian influenza 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.

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
their numbers
species are counted or,
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;

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;

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

holding;

including offal

(‘poultry meat’), poultry

(e) no carcases of poultry or other captive birds, meat of
poultry
feed
(‘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.

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 4

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

The competent authority may grant derogations from the
1.
measures provided for in Article 3(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.

(c) 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

2.
The competent authority may also grant derogations from
the measures provided for in Article 3(2), point (h) in the case
of other captive birds kept on non-commercial holdings.

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

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.

to Regulation (EC) No 853/2004 of

(a) directly to an establishment for the manufacture of egg
products, as set out in Chapter II of Section X of Annex
the European
III
the Council (1),
to be handled and
Parliament and of
treated in accordance with Chapter XI of Annex II to Regu-
lation (EC) No 852/2004 of the European Parliament and of
the Council (2); where the competent authority issues such
an authorisation, the latter shall be subject to the conditions
set out in Annex III to Directive 2005/94/EC; or

(b) for disposal.

Article 5

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 3, 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 6

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

introduced on the
2.
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.

The measures provided for in Article 7 may be applied to

3.
the holding.

4.
A temporary control zone around the holding may be
established and some or all of the measures provided for in
Article 3(2) shall be applied as necessary to the holdings
within that zone.

Article 7

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 3(2) and
(3) and paragraphs 2 to 9 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.

4.
Poultry already hatched from 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 3(2), shall be placed under
official supervision and investigations shall be carried out.

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

(1) OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004,

p. 22.

(2) OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.

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 3(2) shall, wherever possible,
be traced and disposed of under official supervision.

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All

substances, manure

be
6.
contaminated, such as feed, shall be destroyed or undergo a
treatment ensuring the destruction of
the avian influenza
virus, in accordance with the instructions given by the official
veterinarian.

and waste

likely

to

7.
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 cleaning and disinfection with
instructions given by the official veterinarian.

8.
Other captive birds or mammals of domestic species shall
not enter or leave the holding without the authorisation of the
restriction shall not apply to
competent authority. That
mammals of domestic species which have access only to the
living areas for humans.

9.
In the case of a primary outbreak, the virus isolate shall be
subjected to the laboratory investigations to identify the genetic
subtype. That virus isolate shall be submitted to the Community
reference laboratory for avian influenza referred to in Article
51(1) of Directive 2005/94/EC as soon as possible.

Article 8

Derogations concerning certain holdings

1.
The competent authority may grant derogations from the
measures provided for in the first subparagraph of Article 7(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.

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

is

(a) are brought inside a building on their holding and kept
there; where this
their welfare 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 instructions of the official veterinarian
and are not moved until the laboratory tests have indicated
that they no longer pose a significant risk of further spread
of HPAI; and

(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

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

the Member State of destination.

3.
Notwithstanding the prohibition of movement of poultry
or other captive birds in accordance with paragraph 2(b), the
competent authority may on the basis of a risk assessment
authorise the transport under biosecurity measures of poultry
or birds which cannot be appropriately housed and kept under
surveillance on the holding of origin to a designated holding in
the same Member State, where further surveillance and testing
shall be carried out under official surveillance; provided that
such authorisation does not endanger disease control.

The competent authority may grant derogations from the
4.
for eggs to be sent
measures provided for in Article 7(5),
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

5.
The Member States shall inform the Commission and the
other Member States of any derogation granted on the basis of
this provision.

Article 9

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
first
for production units
containing poultry or other captive birds where no HPAI is
suspected, provided that such derogations do not endanger
disease control.

subparagraph of Article 7(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.

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The Member States shall inform the Commission and the other
Member States of any derogation granted on the basis of this
provision.

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

around the holding, including the protection zone.

Article 10

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 3(2) are applied to contact holdings
until the presence of HPAI has been excluded.

Based on the epidemiological

2.
the competent
authority may apply the measures provided for in Article 7 to
contact holdings and in particular if the contact holding is
located in an area with a high density of poultry.

inquiry,

2.
If the outbreak of HPAI is confirmed in other captive birds
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
captive birds that do not contain poultry,
the competent
authority may,
following a risk assessment, derogate to the
extent necessary from the provisions of Articles 11 to 26
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 at
least take account of the following criteria:

(a)

the epidemiological inquiry;

The main criteria to be considered for the application of the
measures provided for in Article 7 in contact holdings are set
out in Annex IV to Directive 2005/94/EC.

(b) the geographical situation, particularly natural boundaries;

3.
The competent authority shall ensure that samples are
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.

(c)

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

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

birds;

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 cleaning and disin-
fection with instructions given by the official veterinarian.

(e)

facilities

available

and personnel

the
any
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

Article 11

Establishment of protection, surveillance and further
restricted zones in cases of outbreaks of HPAI

The competent authority shall immediately following an

1.
outbreak of HPAI establish:

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

around the holding;

4.
The competent authority may establish further restricted
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

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Article 12

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

The competent authority shall ensure that the following
1.
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.

collection of samples for laboratory tests in accordance with
instructions given by the official veterinarian; 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

immediately implemented in
accordance with instructions given by the official veteri-
narian in order to identify any further spread of avian
influenza in the holdings located in the protection zone.

is

Article 14

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;

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

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

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.

(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 cleaning and disinfection with
instructions given by the official veterinarian;

substances

4. Member States applying the measures provided for in
paragraph 3 shall immediately inform the Commission thereof.

(d) all parts of vehicles used by staff or other persons which
enter or leave holdings and are likely to have become
contaminated undergo cleaning and disinfection with
instructions given by the official veterinarian;

Article 13

Census and visits by the official veterinarian and
surveillance

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

the following

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:

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

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

birds, and

(b) all commercial holdings are visited by an official veteri-
narian as soon as possible for a clinical examination of
if necessary, the
the poultry and other captive birds and,

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

resident poultry or other captive birds are kept;

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(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 instructions given by the
official veterinarian;

(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.

rail, of poultry, other captive birds, ready-to-lay poultry, day-old
chicks, eggs and carcases are prohibited.

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.

Article 15

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

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.

The competent authority shall ensure that
the removal or
spreading of used litter, manure or slurry from holdings in
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 of
the European Parliament and of the Council (1).

intermediate storage for

treatment or

for

Article 16

Fairs, markets or other gatherings and restocking of game

Article 18

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

1.
By way of derogation from Article 17, the competent
authority may authorise the direct transport of poultry origi-
nating from a holding in the protection zone for immediate
slaughter
to the
following conditions:

to a designated slaughterhouse

subject

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

(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;

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

restocking of game are not

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

the official

given by

Article 17

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

(c)

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

sealed by the

The

competent

1.
that within
protection zones, the movement and transport from holdings
on to roads, excluding private service roads of holdings, or by

authority

ensure

shall

(1) OJ L 273, 10.10.2002, p. 1.

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;

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(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;

(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
Council Directive

in Annex

to

II

tional
for
provided
2002/99/EC (1);

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

into meat

products

intended

for

2.
By way of derogation from Article 17, the competent
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;

(c)

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

Article 19

Derogations for the direct transport of day-old chicks

1.
By way of derogation from Article 17, 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:

(a)

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

(b) appropriate

biosecurity measures

are

applied

during

transport and at the holding of destination;

(c)

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

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

2.
By way of derogation from Article 17, the competent
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 20

Derogations for the direct transport of ready to lay poultry

By way of derogation from Article 17, 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:

(d) the animal by-products are disposed of.

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

(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;

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

the official

given by

(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
to Regulation (EC)
No 852/2004; or

II

(c)

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

(c)

for disposal.

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

Article 22

(e)

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

Derogation for the direct transport of carcases

By way of derogation from Article 17, the competent authority
may authorise the direct transport of carcases provided that
they are transported to be disposed of.

Article 21

Derogation for the direct transport of hatching and table
eggs

1.
By way of derogation from Article 17, 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 by
veterinarian in
accordance with instructions given by the competent
authority and avian influenza is not suspected on these
holdings;

the official

(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.

By way of derogation from Article 17, the competent

2.
authority may authorise the direct transport of eggs:

Article 23

Cleansing and disinfecting of means of transport

The competent authority shall ensure that
the vehicles and
equipment used for the transport as provided for in Articles
18 to 22 are cleansed and disinfected without delay in
accordance with the instructions of the official veterinarian.

Article 24

Duration of measures

least 21 days

The measures provided for in Articles 13 to 23 shall be
1.
maintained for at
following the date of
completion of preliminary cleansing and disinfection on the
infected holding in accordance with instructions given by the
official veterinarian and until holdings located in the protection
zone have been tested in accordance with instructions given by
the official veterinarian.

2. When the measures provided for in Articles 13 to 23 are
no longer to be maintained, as provided for in paragraph 1 of
this Article, the measures laid down in Article 25 shall apply in
the former protection zone, until they are no longer to be
applied as provided for in Article 26.

Article 25

Measures to be applied in the surveillance zones

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

the following

(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;

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

as possible;

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(b) the movement of poultry,

is

authorisation

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

granted
that

the

by

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;

(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:

(v)

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

required by

the

(i)

poultry for slaughter to a designated slaughterhouse,
for the purpose of
to
Article 18(1), points (a), (b) and (d);

immediate slaughter subject

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

immediate

slaughter

for

(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;

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

(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;

(e) vehicles and equipment used for transporting live poultry or
slurry and
other captive birds, carcases,
bedding and any other material or substances likely to be
contaminated, are cleansed and disinfected without delay
after contamination in accordance with the instructions
given by the official veterinarian;

feed, manure,

(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 the day-old chicks
remain on the
holding of destination for at least 21 days, or

shall

— if hatched from hatching eggs originating from
poultry holdings located outside the protection
to any other holding,
and surveillance zones,
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
flocks within those
originating

from poultry

(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:

(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;

(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 instructions given by the
official veterinarian;

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(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
possible presence of avian influenza viruses, in accordance
with Regulation (EC) No 1774/2002;

(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 26

Duration of measures

The measures provided for in Article 25 shall be maintained for
at least 30 days following the date of completion of preliminary
cleansing and disinfection on the infected holding in accordance
with instructions given by the official veterinarian.

Article 27

Measures to be applied in further restricted zones

1.
The competent authority may provide that some or all the
measures provided for in Articles 13 to 26 shall apply inside
the further restricted zones provided for in Article 11(4) (‘the
further restricted zones’).

tests are carried out on any pigs present on the holding to
confirm or exclude that those pigs are, or have been, infected
with the highly pathogenic avian influenza virus.

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

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

for HPAI viruses

The

shall

authority

competent

3.
that where
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 Council Directive 93/119/EEC (1).

ensure

4.
The competent authority may, following confirmation of
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.

5. Member States shall
inform the Commission within the
framework of the Standing Committee on the Food Chain and
Animal Health of the results of the tests and measures applied
pursuant to paragraphs 1 to 4.

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 of Directive
2005/94/EC, located in further restricted zones.

6.
The competent authority may, following confirmation of
HPAI virus in pigs or any other mammals on any holding,
undertake surveillance to identify and apply measures
to
prevent any further spread of HPAI to other species.

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

Article 29

Re-population of holdings

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

1. Member States shall ensure that paragraphs 2 to 5 of this
Article are complied with,
the
measures provided for in Article 7.

following the application of

Article 28

Laboratory tests and other measures concerning pigs and
other species

2.
The re-population of commercial poultry holdings shall
not take place for a period of 21 days following the date of
completion of the final cleansing and disinfection in accordance
with the instructions given by the official veterinarian.

The competent authority shall ensure that

1.
following
confirmation of HPAI on any holding, appropriate laboratory

(1) OJ L 340, 31.12.1993, p. 21. Directive as last amended by Regu-

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

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

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.

(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

instructions of the competent authority;

(c) poultry that die during the re-population phase are tested in
accordance with the instructions of the competent authority;

(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;

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.

Article 30

Validity

This Decision shall apply until 30 June 2007.

Article 31

Addressees

This Decision is addressed to the Member States.

(f)

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

Done at Brussels, 14 June 2006.

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

For the Commission

Markos KYPRIANOU
Member of the Commission