2006/574/EC: Commission Decision of 18 August 2006 amending Decision 2005/734/EC as regards certain additional risk mitigating measures against the spread of avian influenza (notified under document number C(2006) 3702)   (Text with EEA relevance)
Date: 2006-08-18
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, health control, poultry farming

L 228/24

EN

Official Journal of the European Union

22.8.2006

COMMISSION DECISION

of 18 August 2006

amending Decision 2005/734/EC as regards certain additional risk mitigating measures against the
spread of avian influenza

(notified under document number C(2006) 3702)

(Text with EEA relevance)

(2006/574/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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 (1), and in
particular Article 10(4) thereof,

Whereas:

(1)

(2)

(3)

are kept

In order to reduce the risk of highly pathogenic avian
influenza caused by influenza A virus of subtype H5N1
being introduced into poultry farms and other premises
where birds
in captivity via wild birds,
Commission Decision 2005/734/EC of 19 October
2005 laying down biosecurity measures to reduce the
risk of
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 (2) was adopted.

transmission of highly pathogenic

Pursuant to that Decision, Member States are to identify
individual holdings keeping poultry or other captive birds
which, according to epidemiological and ornithological
data, should be considered particularly at risk from the
spread of the avian influenza A virus of subtype H5N1
via wild birds.

In the light of current epidemiological and ornithological
developments with regard to that disease, provision
should be made to review such risks on a regular and
ongoing basis with a view to adjusting the areas iden-
tified as particularly at risk for the spread of the disease
and the measures taken in those areas.

In such areas the use of decoy birds has been prohibited,
except for their use in the Member States’ programmes
for avian influenza surveys in poultry and wild birds, as
provided for in Commission Decision 2005/732/EC of
17 October 2005 approving the programmes for the
implementation of Member States’ surveys for avian
influenza in poultry and wild birds during 2005 and
the
laying down reporting and eligibility rules
Community financial contribution to the implementation
costs of those programmes (3).

for

Taking into account recent experiences and based on a
favourable outcome of a case-by-case risk assessment, the
competent authority should be given the possibility to
grant further derogations from the prohibition of the use
of decoy birds provided that appropriate biosecurity
measures are taken.

Decision 2005/734/EC should therefore be amended
accordingly.

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

Decision 2005/734/EC is amended as follows:

1. Article 2a is replaced by the following:

‘Article 2a

Additional risk mitigating measures

1. Member States shall ensure that the following activities
are prohibited in the areas of their territory that they have
identified as being particularly at risk for the introduction of
avian influenza, in accordance with Article 1(1):

(1) 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).

(2) 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).

(a)

the keeping of poultry in the open air, without undue
delay;

(3) OJ L 274, 20.10.2005, p. 95.

22.8.2006

EN

Official Journal of the European Union

L 228/25

(b) the use of outdoor water reservoirs for poultry;

— implementation of a specific surveillance system

for decoy birds,

(c)

the provision of water to poultry from surface water
reservoirs accessed by wild birds;

(d) the use of birds of the orders Anseriformes and Charadrii-
formes as decoy birds (decoy birds) during bird-hunting.

2. Member States shall ensure that the bringingtogether of
poultry and other birds at markets, shows, exhibitions and
is
cultural events,
prohibited.’

including point-to-point races of birds,

2. The following Articles 2b and 2c are inserted:

‘Article 2b

Derogations

1.
the
By way of derogation from Article 2a(1),
competent authority may authorise the following activities:

(a)

a

the keeping of poultry in the open air, provided the
poultry are supplied with feed and water indoors or
under
the
landing of wild birds and thereby prevents contact by
wild birds with the feed or water intended for the
poultry;

shelter which sufficiently discourages

(b) the use of outdoor water reservoirs if they are required
for animal welfare reasons for certain poultry and are
sufficiently screened against wild waterfowl;

— the recording and reporting of the health status
of decoy birds and laboratory testing for avian
influenza in the case of deaths of such birds and
at the end of the bird-hunting season,

— strict

separation between decoy birds
and
domestic poultry and other captive birds circuit,

— cleansing and disinfection of

the means of
transport and equipment used for the transport
of decoy birds and for trips in the areas where
decoy birds are placed,

— restrictions and control of movements of decoy
to prevent contacts with

in particular

birds,
different open waters,

— the

and

development

of
“guidelines
practises”
detailing the measures provided for in the first
to sixth indents,

implementation

biosecurity

good

of

— implementation of a reporting system on the data
obtained from the measures referred to in the
first, second, and third indents.

By way of derogation from Article 2a(2),

2.
competent
poultry and other captive birds.

authority may authorise

the
the gatherings of

(c)

the provision of water from surface water accessed by
wild waterfowl after treatment that would ensure inacti-
vation of the possible avian influenza virus;

Article 2c

(d) the use of decoy birds during bird-hunting:

the

(i) by decoy bird holders registered with the competent
authority, under
the
strict
competent authority for the attraction of wild birds
intended for
to the Member
States’ programmes for avian influenza surveys in
poultry and wild birds as provided for in Decision
2005/732/EC; or

sampling pursuant

supervision of

(ii) in accordance with appropriate biosecurity measures,

which include:

Conditions for and follow-up to authorisation

shall ensure that authorisations

1. Member States
in
accordance with Article 2b are only granted following the
favourable outcome of a risk assessment and provided that
biosecurity measures are in place to avoid possible spread of
avian influenza.

Before authorising the use of decoy birds in accordance
2.
with Article 2b(1)(d)(ii), the Member State concerned shall
submit a risk assessment to the Commission accompanied
by information on the biosecurity measures that are to be
put in place to ensure proper implementation of that Article.

— identification of the individual decoy birds by a

ringing system,

3. Member States that grant derogations in accordance
with Article 2(b)(1)(d)(ii) shall submit a monthly report to
the Commission on the biosecurity measures adopted.’

L 228/26

EN

Official Journal of the European Union

22.8.2006

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

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 18 August 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission