2006/563/EC: Commission Decision of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (notified under document number C(2006) 3585)   (Text with EEA relevance)
Date: 2006-08-11
Institutions: European Commission
Subjects: avian influenza, bird, egg, health control, poultry, poultrymeat

15.8.2006

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 11 August 2006

concerning certain protection measures in relation to highly pathogenic avian influenza of subtype
H5N1 in wild birds in the Community and repealing Decision 2006/115/EC

(notified under document number C(2006) 3585)

(Text with EEA relevance)

(2006/563/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 89/662/EEC of 11
in intra-
December 1989 concerning
the
Community trade with a view to the completion of
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) No 998/2003 of the European
Parliament and of the Council of 26 May 2003 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
to animal and public health and to
serious

threat

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive
2004/41/EC of the European Parliament and of the Council
(OJ
L 157, 30.4.2004, p. 33, corrected by OJ L 195, 2.6.2004, p. 12).
(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 590/2006 (OJ L 104, 13.4.2006,
p. 8).

(2)

(3)

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
through international trade in live birds or their products.

Cases of highly pathogenic avian influenza (HPAI) of the
subtype virus H5N1, hereinafter ‘HPAI H5N1’, have been
suspected or confirmed in several Member States. Taking
into account the epidemiological situation, Commission
Decision 2006/115/EC of 17 February 2006 concerning
in relation to highly
certain protection measures
pathogenic
in the
in wild birds
avian influenza
2006/86/EC,
Community
2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC
and 2006/105/EC (4) was adopted.

repealing Decisions

and

The measures laid down in Council Directive 92/40/EEC
of 19 May 1992 introducing Community measures for
the control of avian influenza (5) were reviewed in-depth
in the light of recent scientific knowledge on the risk of
avian influenza for animal and public health, the devel-
opment of new laboratory tests and vaccines and the
experience gained during recent outbreaks of
that
disease in the Community as well as in third countries.
Taking account of that review, Directive 92/40/EEC was
repealed and replaced by Council Directive 2005/94/EC
of 20 December 2005 on Community measures for the
control of
and repealing Directive
92/40/EEC (6), which is to be transposed by Member
States by 1 July 2007.

avian influenza

(4) OJ L 48, 18.2.2006, p. 28. Decision as amended by Decision

2006/277/EC (OJ L 103, 12.4.2006, p. 29).

(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).

(6) OJ L 10, 14.1.2006, p. 16.

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(4)

(5)

Pending the transposition of Directive 2005/94/EC and
given the current disease situation in relation to avian
influenza in the Community,
it was 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.

Those transitional measures, which are laid down in
Commission Decision 2006/416/EC of 14 June 2006
concerning certain transitional measures in relation to
highly pathogenic avian influenza in poultry or other
captive birds in the Community (7), should enable the
Member States to adopt disease control measures in a
proportionate and flexible manner, taking into account
the various levels of risk posed by the different virus
the likely social and economic impact of the
strains,
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.

for

and

zones

certain

restrictions

of
restricted
movements of
live poultry or products derived from
them should be permitted on the basis of a risk
assessment performed by
authority
risk influenced by
taking into account
geographical,
and epizootio-
logical factors.

the level of

limnological,

competent

ecological

the

(10)

is appropriate to apply for

In the interests of consistency of Community legislation,
it
this
Decision certain definitions provided for in Directive
the
2005/94/EC, Regulation (EC) No 853/2004 of
European Parliament and of the Council of 29 April
2004 laying down specific hygiene rules for food of
animal origin (10) and Regulation (EC) No 998/2003.

the purposes of

(11) A control and a monitoring area should be established
around the place where HPAI of H5 subtype was
detected in wild birds. Those areas should be limited to
what
is necessary to prevent virus introduction into
commercial and non-commercial poultry flocks.

(6) With progress made

in transposition of Directive
2005/94/EC by certain Member States, any reference to
the transitional measures
should be construed as a
reference to the corresponding paragraph in Directive
2005/94/EC.

(12)

the measures pursuant

to complement
92/40/EEC

to
In order
Directive
Decision
2006/135/EC of 22 February 2006 concerning certain
protection measures in relation to highly pathogenic
avian influenza in poultry in the Community (8) was
adopted.

Commission

In the interests of consistency of Community legislation,
the biosecurity measures provided for in Commission
Decision 2005/734/EC of 19 October 2005 laying
down biosecurity measures to reduce the risk of trans-
mission 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 early detection system in areas at particular risk (11)
should be taken into account in control and monitoring
areas, independently of the defined risk status of the area
where highly pathogenic avian influenza is suspected or
confirmed in wild birds.

Decision 2006/135/EC has now been replaced by
Commission Decision 2006/415/EC of 14 June 2006
concerning certain protection measures in relation to
highly pathogenic avian influenza of the subtype H5N1
in poultry in the Community and repealing Decision
2006/135/EC (9) in order to harmonise the interaction
between the transitional measures to be taken in case
of a HPAI outbreak in poultry and the additional
restrictions
in case of a HPAI H5N1 suspected or
confirmed outbreak in poultry or other captive birds.

(13)

the movement of,

is appropriate to restrict

in
It
live poultry and other captive birds, day-old
particular,
chicks, hatching eggs and products of avian origin from
the established control and monitoring areas. However,
the dispatch under official control from these areas may
only be authorised under certain conditions to avoid the
possible spread of the disease.

Experience with
2006/115/EC in affected Member States has
that certain adjustments for the establishment of

of Decision
shown
the

implementation

the

(14)

Specific derogations should also be provided for hatching
eggs or SPF-eggs used in specialised laboratories or
institutes
scientific, diagnostic or pharmaceutical
purposes, as they pose a negligible risk for the spread
of infection.

for

(7) OL L 164, 16.6.2006, p. 61.
(8) OJ L 52, 23.2.2006, p. 41. Decision as last amended by Decision

2006/384/EC (OJ L 148, 2.6.2006, p. 53).

(9) OJ L 164, 16.6.2006, p. 51. Decision as amended by Decision

2006/506/EC (OJ L 199, 21.7.2006, p. 36).

(10) OJ L 139, 30.4.2004, p. 55, corrected by 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).

(11) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2006/405/EC (OJ L 158, 10.6.2006, p. 14).

(7)

(8)

(9)

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(15)

(16)

(17)

(18)

The transport of hatching eggs from the control area
should be permitted under certain conditions. The
dispatch of hatching eggs to other Member States may
be permitted subject in particular to compliance with the
conditions referred to in Directive 2005/94/EC. In such
cases,
in
accordance with Council Directive 90/539/EEC of 15
October 1990 on animal health conditions governing
from third
intra-Community trade in, and imports
countries of, poultry and hatching eggs (12)
should
include a reference to this Decision.

the animal health certificates provided for

(19)

(20)

The dispatch from the control area of meat, minced
meat, meat preparations and meat products derived
from poultry and farmed feathered game produced in
compliance with certain requirements of Regulation
(EC) No 853/2004 and of Regulation (EC) No
854/2004 of
the
Council of 29 April 2004 laying down specific rules
for the organisation of official controls on products of
animal origin intended for human consumption (13) and
subject to official veterinary controls including ante- and
post mortem inspection should be permitted.

the European Parliament and of

The same official animal health controls apply for meat
derived from poultry and farmed feathered game origi-
nating from the control area and produced in accordance
with the provisions of Regulation (EC) No 2076/2005,
which provides for transitional measures allowing the use
of a national identification mark for products of animal
origin intended for human consumption and which may
only be marketed in the territory of the Member State
where they are produced.

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 (14)
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
the dispatch from the control area of meat
permit
derived from poultry
and farmed feathered game
bearing the health mark provided for in that Directive
and destined for treatment within the affected Member
State to ensure inactivation of the avian influenza virus.
Meat products having undergone such treatment may
then be dispatched to other Member States and third
countries.

(12) OJ L 303, 31.10.1990, p. 6. Directive as last amended by Regu-

lation (EC) No 806/2003.

(13) OJ L 139, 30.4.2004, p. 206, corrected by OJ L 226, 25.6.2004,
last amended by Regulation (EC) No

p. 83. Regulation as
2076/2005.

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

for

It is necessary to limit the dispatch from the control area
of animal by-products of avian origin to those complying
the production, use,
with specific
conditions
treatment or disposal as provided for
in Regulation
(EC) No 1774/2002 of the European Parliament and of
the Council of 3 October 2002 laying down health rules
concerning animal by-products not intended for human
consumption (15)
the possible spread of
avian influenza virus.

that prevent

It is necessary to specify the minimum duration of the
measures provided for in this Decision which should take
account of the incubation period of the disease and the
requirements of Directive 2005/94/EC. However it is also
necessary to introduce conditions for granting specific
derogations following the positive outcome of a risk
assessment by the competent authorities.

(21)

In the interests of clarity of Community legislation,
Decision 2006/115/EC should be repealed and replaced
by the present Decision.

(22)

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

Subject-matter and scope

1.
This Decision lays down certain protection measures to be
applied in cases where highly pathogenic avian influenza (HPAI)
caused by the highly pathogenic influenza A virus of subtype
H5 is detected and the neuraminidase type N1 (H5N1)
is
suspected or confirmed in wild birds, in a Member State (the
affected Member State), in order to prevent the spread of avian
influenza from wild birds to poultry or other captive birds, as
well as the contamination of products thereof.

2.

This Decision shall apply without prejudice to:

(a) Decision 2006/416/EC; or

(b) Decision 2006/415/EC and other protective measures in
relation to an outbreak of HPAI
in poultry or other
captive birds caused by an avian influenza virus of the
subtype H5 where the neuraminidase type N1 is suspected
or confirmed HPAI H5N1.

(15) 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).

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Article 2

Definitions

monitoring areas and shall, as appropriate, inform the public of
the measures taken.

For the purpose of this Decision, the definitions in Directive
2005/94/EC shall apply.

The following definitions shall also apply:

(a)

‘hatching eggs’ means eggs for incubation laid by poultry as
defined in Article 2(4) of Directive 2005/94/EC;

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

(c)

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

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

3(a) of Regulation (EC) No 998/2003;

(ii) birds for zoos, circuses, amusement parks and experi-
laboratories and sentinel birds placed by the
mental
competent authority in the frame of surveillance and
research activities.

Article 3

Establishment of control and monitoring areas

The affected Member State shall establish around the area
1.
where the presence of HPAI caused by avian influenza A virus
of subtype H5 is confirmed in wild birds and the neuraminidase
type N1 is either suspected or confirmed:

(a) a control area with a radius of at least three kilometres (the

control area); and

(b) a monitoring area with a radius of initially at least 10 kilo-
metres, including the control area (the monitoring area).

2.
The establishment of the control and the monitoring areas
shall take account of geographical, limnological, administrative,
ecological and epizootiological factors relating to the species of
wild birds, the characteristics of the avian influenza viruses and
the monitoring facilities.

3.
The affected Member State shall notify to the Commission
and to the other Member States the details of any control and

4.
If the control or the monitoring areas cover the territories
of more than one Member State, the competent authorities of
those Member States shall collaborate in order to establish those
areas.

5.
If wild birds are suspected or confirmed to be infected
with HPAI H5N1 in a protection or surveillance zone estab-
lished pursuant to Article 11(1) of Decision 2006/416/EC (the
protection or surveillance zones) due to such infection in
poultry or other captive birds, the competent authority shall:

(a) establish control and monitoring areas; and

(b) undertake a risk assessment to consider whether the radius
of the control and monitoring areas needs to be extended to
overlap with the protection and surveillance zones.

The competent authority may apply the protection measures
provided for in Article 5(b), (c) and (d),
in any parts of the
protection and surveillance zones that do not overlap with
the control and monitoring areas when the risk assessment
indicates that
there is a risk of spread of HPAI H5N1 to
poultry or other captive birds in those parts.

Article 4

Derogations from measures provided for in Article 3(1)

By way of derogation from Article 3(1),

1.
the affected
Member State may refrain from the establishment of control
and monitoring areas on basis of the favourable results of a
risk assessment by the competent authority.

That assessment shall take into account geographical consid-
erations, the ecology of the infected bird species and lead the
competent authority to conclude that HPAI H5N1 is not
present in the area in poultry or other captive birds or wild
birds, or that the infected wild bird did not present a risk of
spreading that virus to poultry or other captive birds or wild
birds in the locality.

In those circumstances the competent authority shall attempt,
where necessary in liaison with the competent authorities of
other Member States or third countries, to establish with the
help of ornithological experts whether
the wild birds are
resident or migrating, such that an assessment can be made
as to whether HPAI H5N1 exists in wild birds in other areas
under their jurisdiction.

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By way of derogation from Article 3(1) (a) and on the
2.
basis of favourable results to a risk assessment which has taken
into account at least the criteria referred to in Article 3(2) and
confirmed the existence of sufficient protection of the local
poultry or other captive birds based on natural barriers or the
absence of suitable habitats for wild birds presenting a risk of
spreading HPAI H5N1 the control area may be:

if necessary,

(i) a clinical inspection of the poultry or other captive birds
including,
the collection of samples for
laboratory examination targeting poultry or other
captive birds that had not been confined prior to the
positive finding in a wild bird and in particular ducks
and geese;

(a) amended to an area of sufficient size but in any event not

less than of 1 km in radius; or

(ii) an assessment of the implementation of the biosecurity

measures referred to in point (b).

(b) established as a band of 1 km in width from the banks of a
river or the shores of a lake or coast for a length of at least
3 km.

Article 6

Prohibitions in the control area

The affected Member State shall ensure that the following are
prohibited in the control area:

In this case and by way of derogation from Article 3(1)(b) the
competent authority shall then also adapt the shape and the size
of the monitoring area accordingly to separate the control area
from the unaffected parts of the territory.

(a) the removal of poultry or other captive birds from the

holding on which they are kept;

Article 5

Measures in the control area

(b) the assembly of poultry or other captive birds at

fairs,

markets, shows or other gatherings;

The affected Member State shall ensure that at
following measures are applied in the control area:

least

the

(a)

the identification of all commercial poultry holdings and
non-commercial holdings;

(b) the implementation of the biosecurity measures laid down
in Decision 2005/734/EC for poultry and other captive
birds,
including disinfection at the entrances and exits to
premises where poultry or other captive birds are kept;

(c)

intensified official surveillance of wild bird populations, in
particular water fowl, and further monitoring for dead or
sick birds, if necessary with the co-operation of hunters and
bird-watchers, and the reporting of dead bird findings to the
competent authority and the removal, as far as possible, of
carcasses of dead birds by personnel who have been speci-
fically instructed on measures to protect themselves from
infection with the virus and to prevent the spread of the
virus to susceptible animals;

(d) campaigns to inform the public and to increase disease
awareness among owners of poultry or other captive
birds, hunters, bird-watchers and those providing the
services of water-related recreation;

(e) periodic and documented visits to all commercial poultry
holdings and targeted visits to non-commercial poultry
holdings, prioritising those considered to be at greater
risk, which must include:

(c) the transport through the control area of poultry or other
captive birds, except transit through the control area by road
or rail without unloading or stopping;

(d) the dispatch of hatching eggs collected from holdings which
on the date of collection were situated in the control area;

(e) the dispatch from the control area of fresh meat, minced
meat, meat preparations and meat products from poultry
originating from the control area and wild feathered game
taken from the wild in that area;

(f)

spread of unprocessed manure from
the transport or
holdings of poultry or other captive birds within the
control
in
accordance with Regulation (EC) No 1774/2002;

treatment

transport

except

area,

the

for

(g) the dispatch to other Member States and third countries of
animal by-products of avian origin derived from poultry or
other captive birds or wild feathered game originating from
the control area;

(h) the hunting of wild birds or otherwise taking them from the
wild, unless authorised by the competent authority for
specific purposes;

(i)

the release of game birds from captivity into the wild.

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Article 7

Measures in the monitoring area

The affected Member State shall ensure that at
the
measures provided for in Article 5(a) to (d) are applied in the
monitoring area.

least

(c) day-old chicks, hatched from eggs collected from holdings
which were on the date of collection situated in the control
area, to a holding or shed of that holding in the same
Member State, preferably located outside that area, subject
to the following conditions:

Article 8

Prohibitions in the monitoring area

(i)

appropriate biosecurity measures are applied during
transport and at the holding of destination;

The affected Member State shall ensure that the following are
prohibited in the monitoring area:

(ii)

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

(a)

the removal of poultry or other captive birds out of the
monitoring area for the first 15 days following the date of
establishment of that area;

(b) the assembly of poultry or other captive birds at

fairs,

markets, shows or other gatherings;

(c)

the hunting of wild birds or otherwise taking them from the
wild, unless authorised by the competent authority for
specific purposes;

(d) the release of game birds from captivity into the wild.

Article 9

Derogations for live birds and day-old chicks

By way of derogation from Article 6(a),

1.
Member State may authorise the transport of:

the affected

(iii) the poultry must remain on the holding of destination
for at least 21 days from the date of their arrival, if that
holding is situated outside the control or monitoring
area.

(d) day-old chicks hatched from eggs collected from holdings
which were on the date of collection situated in the moni-
toring area to holdings under official control on its territory;

(e) day-old chicks hatched from eggs collected from holdings
which were on the date of collection situated outside the
control or monitoring area to any holding, provided that
the hatchery of 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 originating from poultry flocks within the
monitoring area and which are therefore of a different
health status.

(a) poultry to holdings under official control situated in the

control and monitoring areas;

Article 10

Derogations for hatching eggs

(b) ready-to-lay pullets and turkeys for fattening to holdings
under official control in the same Member State on which
the poultry must remain for at least 21 days following the
date of arrival of those poultry.

By way of derogation from Article 6(d),

the affected
1.
Member State may authorise the transport of hatching eggs
collected from holdings that were situated in the control area
on the date of collection:

By way of derogation from Article 6(a) and Article 8(a),

2.
the affected Member State may authorise the transport of:

(a)

to a hatchery designated by the competent authority within
its territory;

(a) poultry for immediate slaughter to a slaughterhouse located
in the control or monitoring area or, if that is not possible,
to a slaughterhouse designated by the competent authority
outside those areas;

(b) to any hatchery provided that:

(b) poultry from the monitoring area to holdings under official

control on its territory;

(i) poultry on the holding have tested negative in a sero-
logical survey for HPAI H5N1 capable of detecting 5 %
prevalence of disease with at
least a 95 % level of
confidence; and

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(ii) the conditions provided for in Article 21(1)(b), (c) and

(d) of Decision 2006/416/EC are fulfilled;

obtained from slaughter poultry or farmed feathered game
originating in or outside the control area to its national
territory, provided such meat:

(c)

to an establishment for the manufacture of egg products as
set out in Chapter II of Section X of Annex III to Regulation
(EC) No 853/2004 to be handled and treated in accordance
to Regulation (EC) No
with Chapter XI of Annex II
852/2004 of
the
Council (16); or

the European Parliament

and of

(d) for disposal.

By way of derogation from Article 6(d),

2.
the affected
Member State may authorise the dispatch of hatching eggs or
SPF-eggs collected on holdings in the control area to designated
institutes or vaccine manufacturers for scientific,
laboratories,
diagnostic or pharmaceutical uses.

3.
The animal health certificates accompanying consignments
of hatching eggs referred to in paragraph 1(b) and paragraph 2
dispatched to other Member States shall include the following:

‘This
health
complies with
conditions laid down in Commission Decision 2006/563/EC’.

consignment

animal

the

Article 11

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

By way of derogation from Article 6(e), the affected Member
State may authorise the dispatch from the control area of:

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

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

(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

(d) fresh meat, minced meat, mechanically separated meat from
poultry, farmed feathered game and wild feathered game
taken from the wild in the area before the control area
was established or outside the control area, and meat
preparations and meat products containing such meat,
produced in establishments in the control area.

Article 12

Derogations for animal by-products

(a)

fresh meat from poultry including meat of farmed feathered
game, originating in or outside that area and:

By way of derogation from Article 6(g),

1.
Member State shall authorise:

the affected

(i) produced in accordance with Annex II and Sections II
and III of Annex III to Regulation (EC) No 853/2004;
and

(a)

the dispatch from the control area of animal by-products of
avian origin which:

(ii) controlled in accordance with Sections I,

III, and
Chapters V and VII of Section IV of Annex I to Regu-
lation (EC) No 854/2004;

II,

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

(c)

fresh meat, minced meat and mechanically separated meat
from poultry, including meat of farmed feathered game and
meat preparations and meat products containing such meat,

(i)

comply with the conditions set out in the following
to Regulation (EC) No
Annexes, or parts
1774/2002:

thereof,

— Annex V;

— Chapters II(A), III(B), IV(A), Chapter VI(A) and (B),
IX(A) and X(A) of

and Chapters VII(A), VIII(A),
Annex VII; and

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

VII(A)(1)(a) of Annex VIII; or

— Chapter

II(B), Chapter

III(II)(A)

and Chapter

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(ii) are transported under biosecurity measures to avoid the
spread of the avian influenza virus to designated plants
approved in accordance with Articles 12 to 15 or
Articles 17 or 18 of Regulation (EC) No 1774/2002
for disposal, further transformation or use which ensure
at least the inactivation of that virus; or

(b) where poultry and farmed feathered game have been kept
for the production of fresh meat produced in compliance
with the provisions of Article 11.

(iii) are transported under biosecurity measures to avoid the
to users or
the avian influenza virus
spread of
collection
in
registered
authorised
centres
accordance with Article 23(4) of Regulation (EC) No
a
1774/2002 for
treatment in accordance with points (5)(a)(ii) and (iii)
of Annex IX to that Regulation to ensure at least the
inactivation of the avian influenza virus;

feeding of

animals

after

and

the

Article 13

Conditions for movements

1. Where movements of animals or products thereof covered
by this Decision are authorised under Articles 9, 10, 11 or 12,
the authorisation shall be based on the favourable results 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.

(b) the dispatch from the control area to other Member States
of untreated feathers or parts of feathers in accordance with
point 1(a) of Section A of Chapter VIII of Annex VIII to
Regulation (EC) No 1774/2002, produced from poultry or
farmed feathered game;

2. Where the dispatch, movement or transport of products
referred to in paragraph 1 are authorised under Articles 10, 11
or 12, 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.

(c)

the dispatch from the control area of feathers and parts of
feathers that have been treated with a steam current, or by
some other method that ensures that no pathogens remain,
produced from poultry or wild feathered game;

commercial document

2.
The affected Member State shall ensure that the products
referred to in paragraph (1)(b) and (c) of Article are accom-
panied by a
in accordance with
Chapter X of Annex II
to Regulation (EC) No 1774/2002
in the case of the products referred to in paragraph
stating,
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 remain.

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

3.
By derogation from Article 6(f) the transport or spread of
unprocessed manure from poultry holdings within the control
area may be authorised if originating from stables or sheds:

(a)

from where poultry has been moved in accordance with
paragraph 1 Article 9(1)(a) and (b) or (2)(a); or

Article 14

Duration of the measures in the control and monitoring
areas

1.
If the neuraminidase type is confirmed as being different
from N1, the measures provided for in Articles 5 to 8 shall no
longer apply.

2.
If the presence of HPAI H5N1 is confirmed in wild birds,
the measures provided for in Articles 5 to 8 shall apply for as
long as is necessary having regard to the geographical, limno-
logical, administrative, ecological and epizootiological
factors
relating to avian influenza and for at least 21 days in the
case of the control area and 30 days in the case of the moni-
toring area following the date of collection from wild birds of
the samples on which a HPAI H5N1 virus was confirmed.

Article 15

Derogations concerning the duration of measures in the
control and monitoring areas

By way of derogation from Article 14(2), the competent
1.
authority may decide, following the favourable outcome of a
risk assessment taking into account the criteria in Article 3(2),
to suspend the measures provided for in Article 6(a) to (g) in
the control area and those provided for in Article 8 in the
monitoring area, even where further infected wild birds have
been found, provided that at least 21 days have lapsed since the
initial establishment of the control and monitoring areas and
there has been no outbreak of HPAI H5N1 and no suspicion of
avian influenza in poultry and other captive birds in those areas.

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in
By way of derogation from Article 14(2), where,
2.
accordance with Article 3(5), a control or monitoring area
overlap with a surveillance zone and that surveillance zone
has been lifted, the competent authority may, on the basis of
a favourable outcome of a risk assessment, suspend some or all
of the measures provided for in Article 5(a) and (e) and of
Article 6 in the control area.

3.
By way of derogation from Article 14(2), the competent
authority may decide to replace the control area by a moni-
toring area subject to the following conditions:

(a)

the necessary information on the epidemiology of HPAI
H5N1, and where appropriate the additional control and
surveillance measures
campaigns
provided for in Article 5; and

awareness

and

the

(b) in advance notification, where the competent authority
intends that the measures provided for in Article 7 and 8
are no longer applicable.

Article 17

Repeals

(a) favourable results of a risk assessment, taking into account

the criteria in Article 3(2);

Decision 2006/115/EC is repealed.

(b) the completion of the measures provided for in Article 5(a);

(c) at least one visit to each holding has been made as provided

for in Article 5(e);

(d) negative results have been obtained for all laboratory tests

carried out as provided for in Article 5(e)(i).

Where the competent authority decides to replace the control
area by a monitoring area, it may change the shape and size of
that monitoring area provided such monitoring area remains at
least 1 km in radius or a band of 1 km in width from the banks
of a river or the shores of a lake or coast for a length of at least
3 km. The measures provided for in Article 5(b), (c) and (d) and
Article 6(h) and (i) shall be maintained until the end of the 30
day period from the date of the establishment of the control
and monitoring areas in accordance with Article 3(1).

Article 18

Compliance

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

shall

The affected Member State shall apply those measures as soon
as it reasonably suspects the presence of HPAI H5N1 in a wild
bird.

Article 19

Addressee

This Decision is addressed to the Member States.

Article 16

Done at Brussels, 11 August 2006.

Information obligations of affected Member State

The affected Member State shall
Commission and the other Member States:

regularly provide to the

For the Commission

Markos KYPRIANOU
Member of the Commission