2006/605/EC: Commission Decision of 6 September 2006 on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies (notified under document number C(2006) 3940)   (Text with EEA relevance)
Date: 2006-09-06
Institutions: European Commission
Subjects: disease prevention, game animal, health control, intra-EU trade, poultry, poultry farming, veterinary inspection, zootechnics

L 246/12

EN

Official Journal of the European Union

8.9.2006

COMMISSION DECISION

of 6 September 2006

on certain protection measures in relation to intra-Community trade in poultry intended for
restocking of wild game supplies

(notified under document number C(2006) 3940)

(Text with EEA relevance)

(2006/605/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

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 (2), and in
particular Article 3 thereof,

Whereas:

(1)

(2)

Council Directive 90/539/EEC of 15 October 1990 on
animal health conditions governing intra-Community
trade in, and imports from third countries of, poultry
and hatching eggs (3) lays down animal health conditions
governing intra-Community trade and imports from third
countries of poultry, including rules for intra-Community
trade and imports of poultry intended for restocking wild
game supplies.

Commission Decision 2005/734/EC of 19 October 2005
laying down biosecurity measures to reduce the risk of
transmission of highly pathogenic avian influenza caused
by influenza virus A subtype H5N1 from birds living in
the wild to poultry and other captive birds and providing
for an early detection system in areas at particular risk (4)
provides that Member States are to define on their

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
(OJ
2002/33/EC of the European Parliament and of the Council
L 315, 19.11.2002, p. 14).
(2) OJ L 10, 14.1.2006, p. 16.
(3) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003

Act of Accession.

(4) 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).

territory areas at a particular risk for the introduction and
occurrence of highly pathogenic avian influenza caused
by influenza A virus of subtype H5N1 based on certain
risk factors.

(3)

(4)

(5)

(6)

(7)

restocking wild game supplies
Poultry intended for
comprise different species of
farmed feathered game
including waterfowl. Such poultry are bred in captivity
and then released into the wild in order to be hunted and
serve as a source of wild feathered game meat.

Farming concerning poultry intended for restocking wild
game supplies often involves contact with wild birds and
might therefore pose an increased risk for the spread of
avian influenza in particular when dispatched to other
Member States or third countries.

Experiences with outbreaks of highly pathogenic avian
influenza of subtype H5N1 and other avian influenza
strains of H5 and H7 subtypes have shown that that
category of poultry is particularly at risk and that addi-
tional measures should be taken to reduce such risks.

Accordingly it is appropriate that Member States draw up
guidelines for good biosecurity practices for that type of
poultry production, detailing and complementing the
measures provided for
in Decision 2005/734/EC in
particular as regards holdings from which poultry are
dispatched to other Member States or third countries.

certain preventive
Directive 2005/94/EC sets out
measures relating to the surveillance and early detection
of avian influenza. That Directive requires the implemen-
tation of surveillance programmes for avian influenza in
poultry holdings. The guidelines for good biosecurity
practices, additional biosecurity measures and testing
prior to the dispatch of poultry provided for in this
Decision should give further guarantees for trade and
exports in live poultry and reduce the risk of spreading
the disease.

8.9.2006

EN

Official Journal of the European Union

L 246/13

(8)

(9)

the

should be

in
Laboratory investigations
accordance with
in
Commission Decision 2006/437/EC of 31 August
2006 approving
avian
in Council Directive
as
influenza
2005/94/EC.

carried out
down
laid

a Diagnostic Manual

procedures

provided

for

for

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

This Decision provides for:

(a) biosecurity measures to be applied on holdings keeping
poultry intended for restocking supplies of wild game; and

(b) surveillance measures to be applied when productive poultry
are

intended for
restocking supplies of wild game,
dispatched to other Member States or third countries.

for good biosecurity practices for such holdings taking into
account
the biosecurity measures of Decision 2005/734/EC
(‘guidelines for good biosecurity practices’).

Article 4

Conditions for dispatch of poultry for restocking supplies
of wild game

1. Member States shall ensure that the dispatch to other
Member States or
third countries of productive poultry
intended for restocking wild game supplies is only authorised
if the holding of dispatch was:

(a) subjected to an inspection by the official veterinarian
confirming that the holding complies with the guidelines
for good biosecurity practices; and

(b) during the two-month period preceding the date of dispatch

of the poultry,

(i) either included in the official surveillance programme
for avian influenza as provided for in Article 4 of
Directive 2005/94/EC;

or

Article 2

Definitions

For the purpose of this Decision, the following definitions shall
apply:

(ii) subjected to a serological

investigation, with negative
results for the avian influenza virus subtypes H5 and
H7,
in each case on samples taken at random from
the flock of origin from which the consignment is to
be drawn, as follows:

(a)

‘poultry’ means fowl, turkeys, guinea fowl, ducks, geese,
and ratites
quails, pigeons, pheasants
(Ratitae)
the
production of meat or eggs for consumption, or for re-
stocking supplies of game;

in captivity for breeding,

reared or kept

and partridges

(b) ‘productive poultry’ means poultry 72 hours old or more,
for
the production of meat

and/or
reared for
consumption or for restocking supplies of game;

eggs

— 50 samples in case of ducks or geese, or

— 20 samples in case of other poultry;

2. Member States shall ensure that the dispatch to other
third countries of productive poultry
Member States or
intended for restocking wild game supplies and which is less
than one month old, is only authorised if:

(c)

‘wild game’ means wild birds that are hunted for human
consumption.

(a)

the holding of dispatch complied with the conditions of
paragraph 1; and

Article 3

Guidelines for good biosecurity practices

Member States, in collaboration with producers keeping poultry
for restocking supplies of wild game, shall develop guidelines

(b) a virological investigation for avian influenza is carried out
either by virus isolation or PCR on 20 cloacal swabs and 20
tracheal or oropharyngeal swabs from the poultry to be
dispatched, during the one-week period preceding the date
of dispatch.

L 246/14

EN

Official Journal of the European Union

8.9.2006

3. Member States shall ensure that before dispatching the
productive poultry referred to in paragraphs 1 and 2 of this
Article, the health examination of the flock of origin required by
Article 10a(1)(c) of Directive 90/539/EEC is carried out during
the
the 24 hours preceding the
consignment.

time of dispatch of

in paragraphs 1(b) and paragraph 2 of

4. Member State shall ensure that
provided for
Article are carried out
Manual
Directive 2005/94/EC.

the laboratory tests
this
in accordance with the Diagnostic
established in accordance with Article 50(1) of

‘This
health
complies with
conditions laid down in Commission Decision 2006/605/EC.’

consignment

animal

the

Article 6

Compliance measures

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 7

Addressee

Article 5

Certification

This Decision is addressed to the Member States.

Done at Brussels, 6 September 2006.

Member States shall ensure that the health certificates provided
for
in Article 17 of Directive 90/539/EEC accompanying
consignments of poultry intended for restocking wild game
States must be
supplies
completed by the following:

to other Member

dispatched

For the Commission

Markos KYPRIANOU
Member of the Commission