2007/454/EC: Commission Decision of 29 June 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (notified under document number C(2007) 3183) (Text with EEA relevance)
Date: 2007-06-29
Institutions: European Commission
Subjects: animal disease, disease prevention, health control, poultry, trade restriction, veterinary inspection, zoonosis

30.6.2007

EN

Official Journal of the European Union

L 172/87

COMMISSION DECISION

of 29 June 2007

amending Decision 2006/415/EC concerning certain protection measures in relation to highly
pathogenic avian influenza of the subtype H5N1 in poultry in the Community

(notified under document number C(2007) 3183)

(Text with EEA relevance)

(2007/454/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

including the establishment of areas A and B
disease,
following a suspected or confirmed outbreak of
the
disease. Those areas are listed in the Annex to Decision
2006/415/EC and include parts of the Czech Republic,
Hungary and the United Kingdom. That Decision
currently applies until 30 June 2007.

Having regard to Council Directive 89/662/EEC of 11
in intra-
December 1989 concerning
Community trade with a view to the completion of
the
internal market (1), and in particular Article 9(4) thereof,

veterinary

checks

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (2), and in
particular Article 10(4) thereof,

Having regard to Council Directive 2005/94/EC of 20
December 2005 on Community measures for the control of
avian influenza and repealing Directive 92/40/EEC (3), and in
particular Articles 63(3) and Article 66(2) thereof,

Whereas:

(1)

(2)

certain preventive
Directive 2005/94/EC sets out
measures
relating to the surveillance and the early
detection of avian influenza and the minimum control
measures to be applied in the event of an outbreak of
that disease in poultry or other captive birds. It provides
that detailed rules,
required by the epidemiological
situation to supplement the minimum control measures
provided for in that Directive, are to be laid down. The
that Directive into the
date for the transposition of
national law of the Member States is 1 July 2007.

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 (4) lays down certain protection measures
to be applied in order to prevent the spread of that

(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 version (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 10, 14.1.2006, p. 16.
(4) OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision

2007/434/EC (OJ L 161, 22.6.2007, p. 70).

(3)

(4)

(5)

(6)

(7)

(8)

in the Community (5) provides

Commission Decision 2006/416/EC of 14 June 2006
concerning certain transitional measures in relation to
highly pathogenic avian influenza in poultry or other
for
captive birds
measures to be applied by Member States that have
not
the provisions of Directive
2005/94/EC. That Decision applies until 30 June 2007.
As Directive 2005/94/EC is to be transposed into the
national law by the Member States by 1 July 2007, the
measures provided for therein will replace the measures
currently provided for in Decision 2006/416/EC.

transposed

fully

As outbreaks of the avian influenza virus of the subtype
H5N1 continue to occur, the measures laid down in
Decision 2006/415/EC should continue to apply where
that virus is detected in poultry, thereby supplementing
the measures provided for in Directive 2005/94/EC.

Given this epidemiological situation, it is appropriate to
extend
of Decision
2006/415/EC until 30 June 2008.

application

period

the

of

In addition, the references in Decision 2006/415/EC to
Decision 2006/416/EC should be replaced by references
to Directive 2005/94/EC.

Decision 2006/415/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) OJ L 164, 16.6.2006, p. 61. Decision as amended by Decision

2007/119/EC (OJ L 51, 20.2.2007, p. 22).

L 172/88

EN

Official Journal of the European Union

30.6.2007

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/415/EC is amended as follows:

1. In Article 1, paragraph 2 is replaced by the following:

‘2.
The measures laid down in this Decision shall be
applied without prejudice to the measures to be applied in
the event of an outbreak of highly pathogenic avian
influenza in poultry taken in accordance with Directive
2005/94/EC.’

2. Article 3 is replaced by the following:

‘Article 3

Areas A and B

The area listed in Part A of the Annex (“area A”) is
1.
classified as the high risk area consisting of the protection
and surveillance zones established in accordance with Article
16 of Directive 2005/94/EC.

The area listed in Part B of the Annex (“area B”) is
2.
classified as the low risk area which may include all or
parts of the further restricted zone established in accordance
with Article 16 of Directive 2005/94/EC, and which shall
separate area A from the disease free part of the affected
is identified, or from neigh-
Member State,
bouring countries.’

if such part

(b) area B having regard to geographical, administrative,
factors relating to

ecological and epizootiological
avian influenza.

The affected Member State shall notify areas A and B to
the Commission, to the other Member States and, as
appropriate, to the public.’

(b) In Article 4(4)(b), point (i) is replaced by the following:

‘(i)

for at least 21 days in the case of the protection
zone and 30 days in the case of the surveillance
zone after the date of completion of the preliminary
cleansing and disinfection on the holding where an
outbreak is confirmed in accordance with Article
11(8) of Directive 2005/94/EC; and’

4. In Article 5,
following:

the introductory phrase is replaced by the

‘In addition to the restrictions on the movement of poultry,
other captive birds, their hatching eggs and products derived
from such birds laid down in Directive 2005/94/EC,
for
holdings in the protection, surveillance and further restricted
zones, the affected Member State shall ensure that:’

5. In Article 12 the date ‘30 June 2007’ is replaced by ‘30 June

2008’.

6. In the Annex the date ‘30 June 2007’ is replaced by ‘22 July

2007’.

Article 2

3. Article 4 is amended as follows:

This Decision shall apply from 1 July 2007.

(a) paragraph 1 is replaced by the following:

Article 3

‘1.
Immediately following a suspected or confirmed
outbreak of highly pathogenic avian influenza caused
by highly pathogenic influenza A virus of subtype H5
suspected or confirmed to be of the neuraminidase type
N1, the affected Member State shall establish:

(a) area A, having regard to the legal requirements as set

out in Article 16 of Directive 2005/94/EC;

This Decision is addressed to the Member States.

Done at Brussels, 29 June 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission