(1)

The measures provided for in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (2) should ensure the protection of animal health and should contribute to the development of the poultry sector.

(2)

Following the outbreaks of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1, which started in south-eastern Asia in December 2003, the Commission adopted several Decisions to prevent the introduction of this disease into the Community from the affected third countries. Those Decisions provided that imports into the Community from the concerned countries of live poultry, other live birds, poultry meat and certain other products of poultry origin, meat and meat products of wild and farmed game birds, game trophies of birds, eggs and egg products thereof were banned, subject to limited exceptions.

(3)

The measures laid down in Commission Regulation (EC) No 745/2004 of 16 April 2004 laying down measures with regard to imports of products of animal origin for personal consumption (3) clearly apply to meat and meat products of wild and farmed game birds.

(4)

Regulation (EC) No 745/2004 requires all Member States to bring the rules as laid down to the attention of passengers at all designated EU points of entry. Member States should ensure that this information is particularly brought to the attention of those passengers arriving from avian influenza affected countries. The information shall be displayed by prominent notices placed in easily visible locations. International passenger transport operators shall draw the attention of all passengers they carry into the Community to the animal health conditions for imports into the Community of products of animal origin.

(5)

In relation to the risk that the Influenza A virus subtype H5N1 could also be spread due to wild birds and in particular migratory birds, the Commission has also adopted Decisions 2005/731/EC (4), 2005/732/EC (5) and 2005/726/EC (6) providing for additional avian influenza surveillance in domestic poultry and wild birds.

(6)

General requirements for the maintenance of a high level of disease preparedness and in particular for the implementation of veterinary supervision and biosecurity measures are laid down in Communit legislation, notably Directives 90/425/EEC and 92/40/EEC.

(7)

Highly pathogenic avian influenza caused by Influenza A virus subtype H5N1 has been recently confirmed in Turkey. Circumstantial evidence and molecular epidemiology data strongly suggest that the avian influenza virus has spread into this country proceeding from central Asia via migratory birds.

(8)

Avian influenza has also been confirmed in Romania in a backyard poultry farm in an area with a high density of migratory birds.

(9)

In order to reduce the risk of highly pathogenic avian influenza caused by Influenza A virus subtype H5N1 introduction into poultry farms and other premises where birds are kept in captivity via wild birds it is appropriate to strengthen the Community measures already in place to tackle that risk.

(10)

The measures of this Decision should be risk-based and not limited to short term actions such as those implemented within the framework of the National Contingency Plans for Avian Influenza or Newcastle Disease, in case an outbreak occurs.

(11)

The Member States should inform the Commission by 5 November 2005 of the measures taken to ensure proper implementation of this decision. Those measures and, if appropriate, this Decision are to be reviewed in the Standing Committee and Animal Health at its meeting scheduled for 10 and 11 November 2005.

(12)

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