This Decision lays down certain protection measures to be applied in cases of highly pathogenic avian influenza in poultry in the territory of a Member State (the ‘affected Member State’), caused by a highly pathogenic influenza A virus of subtype H5 suspected (‘suspected outbreak’) or confirmed (‘outbreak’) to be of the neuraminidase type N1, in order to prevent the spread of avian influenza into the disease free parts of the Community through movement of poultry, other birds as well as products thereof.
Commission Decision 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 (notified under document number C(2006) 2400) (Text with EEA relevance) (2006/415/EC)
Commission Decision 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 (notified under document number C(2006) 2400) (Text with EEA relevance) (2006/415/EC)
Article 1 Subject matter and scope
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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.
Article 2 Definitions
For the purpose of this Decision, the definitions in Directive 2005/94/EC shall apply. In addition, the following definitions shall apply:
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‘hatching eggs’ means eggs for incubation laid by poultry as defined in Article 2(4) of Directive 2005/94/EC;
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‘wild feathered game’ means game as defined in point 1.5, second indent, and as far as avian species are concerned, in point 1.7 of Annex I to Regulation (EC) No 853/2004;
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‘other captive birds’ means birds as defined in point 6 of Article 2 of Directive 2005/94/EC, including:
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pet animals of the bird species as referred to in Article 3(a) of Regulation (EC) No 998/2003; and
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birds destined for approved bodies, institutes or centres as defined in Article 2(1)(c) of Directive 92/65/EEC.
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Article 3 Areas A and B
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The area listed in Part A of the Annex (‘area A’) is classified as the high risk area consisting of the protection and surveillance zones established in accordance with Article 16 of Directive 2005/94/EC.
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The area listed in Part B of the Annex (‘area B’) is 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 Member State, if such part is identified, or from neighbouring countries.
Article 4 Establishment of areas A and B
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:
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area A, having regard to the legal requirements as set out in Article 16 of Directive 2005/94/EC;
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area B having regard to geographical, administrative, ecological and epizootiological factors relating to 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.
2.
The Commission, in collaboration with the affected Member State, shall examine the areas established by the affected Member State and take the appropriate measures in relation to those areas pursuant to Article 9(3) and (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
3.
If the neuraminidase type is confirmed as being different from N1, the affected Member State shall abolish the measures taken by it in relation to the areas concerned and notify the Commission and the other Member States.
The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
4.
If the presence of a highly pathogenic influenza A virus of the subtype H5N1 is confirmed in poultry, the affected Member States shall:
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notify the Commission and the other Member States;
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apply the measures provided for in Article 5:
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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
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as long as is necessary having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza; or
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until the date indicated for the affected Member State in the Annex;
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keep the Commission and the other Member States informed about any development with regard to areas A and B.
The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
Article 5 General prohibition
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:
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no live poultry and other captive birds, except birds referred to in Article 2(c)(i) and (ii), and hatching eggs of poultry, other captive birds, except those from birds referred to in Article 2(c)(ii), and of wild feathered game birds are dispatched from area B to the remaining part of the territory of the affected Member State, if applicable, or to other Member States or to third countries;
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no products intended for human consumption derived from wild feathered game, are dispatched from areas A and B to the remaining part of the territory of the affected Member State, if applicable, or to other Member States and to third countries;
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no animal by-products derived entirely or partially from avian species from areas A and B and subject to the provisions of Regulation (EC) No 1774/2002 are transported between areas A and B or dispatched from those areas to the remaining part of the territory of the affected Member State, if applicable, or to other Member States or to third countries;
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no poultry or other captive birds are gathered at gatherings within area B such as fairs, markets or shows.