22.10.2005   

EN

Official Journal of the European Union

L 279/79

(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 serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live poultry and poultry products.

(2)

Highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 has been recently confirmed in third countries neighbouring the Community. Circumstantial evidence and molecular epidemiology data strongly indicate that the avian influenza virus has spread via migratory birds.

(3)

To monitor the situation in the Member States, the Commission adopted 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 laying down reporting and eligibility rules for the Community financial contribution to the implementation costs of those programmes (2).

(4)

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 are kept in captivity via wild birds, 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 A virus of 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 (3), was adopted.

(5)

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 avian influenza A virus of subtype H5N1 spread via wild birds.

(6)

With the approach of the new migratory season for wild birds in the Community and reports concerning new outbreaks of avian influenza in third countries neighbouring the Community, it is appropriate to strengthen and, where appropriate, to supplement the Community measures already in place pursuant to Decision 2005/734/EC in order to mitigate the risk of the spread of avian influenza.

(7)

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

(8)

Member States are to inform the Commission by 5 November 2005 of the measures taken to ensure proper implementation of this Decision.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

1.

The following Article 2a is added:

‘Article 2a

Additional risk mitigating measures

1.   Member States shall ensure that 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), the following conditions are complied with:

2.   Member States shall ensure that the collection of poultry and other birds on markets, shows, exhibitions and cultural events is prohibited; however the competent authority may authorise the collection of poultry and other captive birds on such premises subject to the favourable outcome of a risk assessment.’

2.

The date ‘31 January 2006’ in Article 4 is replaced by the words ‘1 December 2005’.