ANNEX

The Annex to Regulation (EU) No 185/2010 (1) is amended as follows:

A.	In Chapter 4, point 4.1.1.2 (c) is added: ‘(c) explosive detection dogs in combination with point (a).’

B.	In Chapter 4, point 4.1.1.9 is added: ‘4.1.1.9 Explosive detection dogs may only be used as a supplementary means of screening.’

C.	In Chapter 4, point 4.1.2.3 (d) is added: ‘(d) explosive detection dogs in combination with point (a).’

D.	In Chapter 5, point 5.1.1 (e) is added: ‘(e) explosive detection dogs.’

E.

In Chapter 12, point 9 is added: ‘12.9.   EXPLOSIVE DETECTION DOGS 12.9.1.   General Principles 12.9.1.1. An explosive detection dog (EDD) shall be able to detect and indicate specified and higher individual quantities of explosive material. 12.9.1.2. The detection shall be independent of the shape, position or orientation of the explosive materials. 12.9.1.3. An EDD shall give an alarm, in the form of a passive response, when it detects explosive materials set in Attachment 12-D of a separate Commission Decision. 12.9.1.4. An EDD and its handler can be used for screening if they both have been approved independently and in combination as a team. 12.9.1.5. An EDD and its handler shall be subject to initial and recurrent training to ensure that required competencies are learned and maintained and, where appropriate, new competencies are learned. 12.9.1.6. In order to be approved, an EDD team, consisting of an EDD and handler(s), shall have successfully passed a training course. 12.9.1.7. An EDD team shall be approved by or on behalf of the appropriate authority in accordance with the Attachment 12-E and 12-F of a separate Commission Decision. 12.9.1.8. After approval by the appropriate authority, an EDD team may be used for security screening by use of free running or remote explosive scent tracing method. 12.9.2.   Standards for EDD 12.9.2.1. The performance requirements for an EDD are laid down in Attachment 12-D of a separate Commission Decision. 12.9.2.2. An EDD team used for the screening of persons, cabin baggage, items carried by persons other than passengers, vehicles, aircraft, in-flight supplies and airport supplies, and security restricted areas of an airport shall meet detection standard 1. 12.9.2.3. An EDD team used for the screening of hold baggage, air carrier mail, air carrier materials, cargo and mail shall meet detection standard 2. 12.9.2.4. An EDD team approved to detect explosive materials using the remote explosive scent tracing method may only be used in screening of cargo, but no other areas included in standard 2. 12.9.2.5. An EDD used for screening of explosive materials shall be fitted with appropriate means to allow for the unique identification of the EDD. 12.9.2.6. When performing explosive detection duties, an EDD shall always be accompanied by the handler who is approved to work with the EDD. 12.9.2.7. An EDD approved for free running method shall only have one handler. One handler may be approved for leading a maximum of two EDDs. 12.9.2.8. An EDD approved for remote explosive scent tracing method shall be led by a maximum of two handlers per EDD. 12.9.3.   Training requirements General training obligations 12.9.3.1. The training of an EDD team shall include theoretical, practical and on-the-job training elements. 12.9.3.2. The content of training courses shall be specified or approved by the appropriate authority. 12.9.3.3. The training shall be conducted by or on behalf of the appropriate authority using instructors qualified according to point 11.5 of the Annex to Regulation (EU) No 185/2010. 12.9.3.4. Dogs to be trained for explosive detection shall be single purpose dogs. 12.9.3.5. During training, training aids representing explosive materials shall be used. 12.9.3.6. Training shall be provided to any persons handling the training aids so as to prevent contamination. Initial training for EDD Teams 12.9.3.7. An EDD team shall be subject to initial training which shall be based on the criteria laid down in point 12.9.3 of a separate Commission Decision. 12.9.3.8. Initial training for EDD team shall include practical training in the intended work environment. Recurrent training for EDD Teams 12.9.3.9. An EDD and the handler shall be subject to recurrent training requirements, both individually and in combination as a team. 12.9.3.10. Recurrent training shall maintain the existing competencies as required by the initial training and those acquired in line with security developments. 12.9.3.11. Recurrent training for an EDD team shall be performed at intervals of at least every 6 weeks. The minimum duration of the re-current training shall be no less than 4 hours in any 6 week period. 12.9.3.12. Point 11 shall not apply in the case where an EDD is subject to recognition training of all materials listed in Attachment 12-D of a separate Commission Decision on at least a weekly basis. Training records for EDD Teams 12.9.3.13. The records of both initial and recurrent training shall be kept for both the EDD and its handler for at least the duration of their contract of employment and they shall be made available to the appropriate authority upon request. Operational Training for EDD Teams 12.9.3.14. When EDD is deployed in the screening duties, the EDD shall be subject to operational training to ensure that it meets the performance set in Attachment 12-D of a separate Commission Decision. 12.9.3.15. Operational training shall be done on a continuous random basis during the deployment period, and shall measure EDD’s detection performance by means of approved training aids. 12.9.4.   Approval Procedures 12.9.4.1. The approval procedure shall ensure that the following competencies are measured: (a) ability of the EDD to meet the detection performance laid down in the Attachment 12-D of a separate Commission Decision; (b) ability of the EDD to give a passive indication on the presence of explosive materials; (c) ability of the EDD and its handler(s) to work effectively as a team; and (d) ability of the handler to correctly lead the EDD, interpret and respond appropriately to the EDD’s reaction to the presence of an explosive material. 12.9.4.2. The approval procedure shall simulate each of the work areas in which the EDD team shall work. 12.9.4.3. The EDD team shall have successfully completed training in each area for which the approval is sought. 12.9.4.4. The approval procedures shall be carried out in accordance with the Attachments 12-E and 12-F of a separate Commission Decision. 12.9.4.5. The validity of each approval period shall not be longer than 12 months. 12.9.5.   Quality Control 12.9.5.1. The EDD team shall be subject to quality control measures set out in the Attachment 12-G of a separate Commission Decision. 12.9.6.   Methodology of Screening Further, detailed requirements are contained in a separate Commission Decision.’

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(1)   OJ L 55, 5.3.2010, p. 1.

ANNEX

INTERNATIONAL ACCOUNTING STANDARDS

IFRS 1	Amendment to IFRS 1 Limited Exemption from Comparative IFRS 7 Disclosures for First-time adopters
IFRS 7	Amendment to IFRS 7 Financial Instruments: Disclosures

Reproduction allowed within the European Economic Area. All existing rights reserved outside the EEA, with the exception of the right to reproduce for the purposes of personal use or other fair dealing. Further information can be obtained from the IASB at www.iasb.org

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(*1)  Paragraph E3 was added as a consequence of Limited Exemption from Comparative IFRS 7 Disclosures for First-time Adopters (Amendment to IFRS 1) issued in January 2010. To avoid the potential use of hindsight and to ensure that first-time adopters are not disadvantaged as compared with current IFRS preparers, the Board decided that first-time adopters should be permitted to use the same transition provisions permitted for existing preparers of financial statements prepared in accordance with IFRSs that are included in Improving Disclosures about Financial Instruments (Amendments to IFRS 7).

(*2)  Paragraph 44G was amended as a consequence of Limited Exemption from Comparative IFRS 7 Disclosures for First-time Adopters (Amendment to IFRS 1) issued in January 2010. The Board amended paragraph 44G to clarify its conclusions and intended transition for Improving Disclosures about Financial Instruments (Amendments to IFRS 7).

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	44,4
	MK	31,8
	TR	53,0
	ZZ	43,1
0707 00 05	MK	41,0
	TR	118,9
	ZZ	80,0
0709 90 70	TR	106,7
	ZZ	106,7
0805 50 10	AR	85,3
	TR	97,3
	US	84,1
	ZA	94,5
	ZZ	90,3
0808 10 80	AR	107,5
	BR	90,2
	CA	118,4
	CL	95,2
	CN	60,1
	NZ	112,2
	US	102,5
	ZA	100,8
	ZZ	98,4
0809 10 00	TR	231,7
	ZZ	231,7
0809 20 95	TR	303,6
	ZZ	303,6
0809 30	AR	133,5
	TR	155,8
	ZZ	144,7
0809 40 05	AU	258,9
	IL	210,4
	US	319,2
	ZZ	262,8

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 July 2010

CN code	Description	Import duties (1) (EUR/t)
1001 10 00	Durum wheat, high quality	0,00
	medium quality	0,00
	low quality	0,00
1001 90 91	Common wheat seed	0,00
ex 1001 90 99	High quality common wheat, other than for sowing	0,00
1002 00 00	Rye	11,79
1005 10 90	Maize seed other than hybrid	5,34
1005 90 00	Maize, other than seed (2)	5,34
1007 00 90	Grain sorghum other than hybrids for sowing	11,79

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(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

—	3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

—	2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

ANNEX II

Factors for calculating the duties laid down in Annex I

16.6.2010-29.6.2010

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96: (EUR/t)   Common wheat (1) Maize Durum wheat, high quality Durum wheat, medium quality (2) Durum wheat, low quality (3) Barley Exchange Minneapolis Chicago — — — — Quotation 170,70 111,08 — — — — Fob price USA — — 139,88 129,88 109,88 86,97 Gulf of Mexico premium — 14,26 — — — — Great Lakes premium 40,50 — — — — —

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96: Freight costs: Gulf of Mexico–Rotterdam: 26,36  EUR/t Freight costs: Great Lakes–Rotterdam: 58,26  EUR/t

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(1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 1 July 2010

(EUR)
CN code	Representative price per 100 kg net of the product concerned	Additional duty per 100 kg net of the product concerned
1701 11 10  (1)	41,21	0,00
1701 11 90  (1)	41,21	2,54
1701 12 10  (1)	41,21	0,00
1701 12 90  (1)	41,21	2,24
1701 91 00  (2)	42,49	4,72
1701 99 10  (2)	42,49	1,59
1701 99 90  (2)	42,49	1,59
1702 90 95  (3)	0,42	0,27

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(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

ANNEX I

List of the provisions of the Schengen acquis relating to the SIS within the meaning of Article 4(2) of the 2005 Act of Accession to be rendered applicable to the Member States concerned

1.	In respect of the provisions of the Schengen Convention: Article 64 and Articles 92 to 119 of the Schengen Convention;

2.

Other provisions concerning SIS: (a) Decisions of the Executive Committee established by the Schengen Convention: Decision of the Executive Committee of 15 December 1997 amending the financial regulation on C. SIS (SCH/Com-ex(97)35) (1); (b) Declarations of the Executive Committee established by the Schengen Convention: (i) Declaration of the Executive Committee of 18 April 1996 defining the concept of an alien (SCH/Com-ex (96) decl. 5) (2), (ii) Declaration of the Executive Committee of 28 April 1999 on the structure of the SIS (SCH/Com-ex (99) decl. 2 rev) (3), (c) other instruments: (i) Council Decision 2000/265/EC of 27 March 2000 on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, ‘Sisnet’ (4), (ii) The SIRENE Manual (5), (iii) Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (6), and any subsequent decisions on the date of application of those functions, (iv) Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (7), and any subsequent decisions on the date of application of those functions, (v) Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles (8), (vi) Article 5(4)(a) and the provisions of Title II and the annexes thereto referring to the Schengen Information System (SIS) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (9), (vii) Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (10), (viii) Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (11).

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(1)   OJ L 239, 22.9.2000, p. 444.

(2)   OJ L 239, 22.9.2000, p. 458.

(3)   OJ L 239, 22.9.2000, p. 459.

(4)   OJ L 85, 6.4.2000, p. 12.

(5)  Parts of the SIRENE manual were published in OJ C 38, 17.2.2003, p. 1. The manual was amended by Commission Decisions 2006/757/EC (OJ L 317, 16.11.2006, p. 1) and 2006/758/EC (OJ L 317, 16.11.2006, p. 41).

(6)   OJ L 162, 30.4.2004, p. 29.

(7)   OJ L 68, 15.3.2005, p. 44.

(8)   OJ L 191, 22.7.2005, p. 18.

(9)   OJ L 105, 13.4.2006, p. 1.

(10)   OJ L 299, 8.11.2008, p. 1.

(11)   OJ L 299, 8.11.2008, p. 43.

ANNEX II

List of the provisions of the Schengen acquis relating to the SIS within the meaning of Article 4(2) of the 2005 Act of Accession to be rendered applicable to the Member States concerned from the date provided in those provisions

1.	Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (1);

2.	Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (2);

3.	Decision 2007/533/JHA of the Council of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (3).

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(1)   OJ L 381, 28.12.2006, p. 1.

(2)   OJ L 381, 28.12.2006, p. 4.

(3)   OJ L 205, 7.8.2007, p. 63.

ANNEX I

Guidelines on the implementation of surveillance programmes for avian influenza in poultry

1.   Objectives of surveillance programmes

The objectives of the surveillance programmes for avian influenza in poultry are to inform the competent authority of circulating avian influenza virus with a view to controlling the disease in accordance with Directive 2005/94/EC by the annual detection through active surveillance for:

(a)	low pathogenic avian influenza (LPAI) of subtypes H5 and H7 in gallinaceous birds (namely chickens, turkeys, guinea fowl, pheasants, partridges and quails) and ratites thereby complementing other existing early detection systems;

(b)	LPAI of subtypes H5 and H7 and highly pathogenic avian influenza (HPAI) in domestic waterfowl (namely ducks, geese and mallards for re-stocking supplies of game);

2.   Surveillance design

Sampling and serological testing in poultry holdings shall be carried out in order to detect the presence of antibodies to avian influenza, as defined in Directive 2005/94/EC.

That active surveillance complements the early detection systems already in place in Member States, as provided for in Decision 2005/734/EC and in Chapter II of the Diagnostic Manual for avian influenza approved by Commission Decision 2006/437/EC (the Diagnostic Manual); in particular those implemented in poultry holdings that are deemed at being at a higher risk for avian influenza introduction.

Two main internationally recognised methods exist for animal disease surveillance: (a) risk-based surveillance; and (b) surveillance based on representative sampling.

2.1.   Risk-Based Surveillance (RBS)

RBS shall be the preferred method for the carrying out of surveillance for avian influenza in a targeted and resource efficient way.

Member States choosing that method shall specify the relevant risk pathways for infection of poultry flocks and the sampling frame for poultry holdings identified as being at a higher risk of becoming infected with avian influenza.

The criteria and risk factors listed in Section 4.1 are not exhaustive, but give an indication of how to target sampling and testing of poultry species and poultry production categories in different husbandry systems. Depending of the individual animal health situation in the Member State concerned, they may need to be weighted differently.

2.2.   Surveillance based on Representative Sampling

If a Member State is not in a position to carry out a sufficiently evidence based assessment of the risk pathways for infection of poultry flocks on its territory, it shall implement surveillance based on a representative sampling scheme. The number of poultry holdings to be sampled must correspond to those in Tables 1 and 2, depending on the poultry species.

Sampling for serological testing for avian influenza shall be stratified throughout the whole territory of the Member State, so that samples can be considered as representative for the whole of the Member State.

3.   Target populations

The sampling of the following poultry species and production categories shall be included in the surveillance programme:

(a)	laying hens;

(b)	free range laying hens;

(c)	chicken breeders;

(d)	turkey breeders;

(e)	duck breeders;

(f)	geese breeders;

(g)	fattening turkeys;

(h)	fattening ducks;

(i)	fattening geese;

(j)	farmed game birds (gallinaceous) focusing on adult birds such as breeding birds;

(k)	farmed game birds (waterfowl);

(l)

ratites.

However, in the following specified exceptional circumstances, the following poultry categories may also be included:

(m)	broilers, but only when: (i) they are kept in significant numbers in free range production and (ii) they are considered to pose a higher risk of infection with avian influenza;

(n)

backyard flocks: they generally play a minor role in virus circulation and spread and sampling them is resource intensive; however, in certain Member States backyard flocks may pose a higher risk of avian influenza due to their presence in significant numbers, their proximity to commercial poultry holdings, involvement in local/regional trade and other criteria and risk factors as listed in Section 4.1 in particular as regards the species composition.

However, where a well reasoned justification as regards the level of risk is provided for a poultry production category (such as chicken breeders kept under high biosecurity conditions), it may also be omitted from the sampling.

4.   Risk-based surveillance (RBS) method

The choice of RBS must be determined by an assessment at Member State level, which shall consider at least the following criteria and risk factors:

4.1.   Criteria and Risk factors

4.1.1.   Criteria and risk factors for virus introduction into poultry holdings due to direct or indirect exposure to wild birds in particular those of identified ‘target species’

(a)	The location of the poultry holding in proximity to wet areas, ponds, swamps, lakes, rivers or sea shores where migratory wild water birds may gather.

(b)	The location of the poultry holding in areas with a high density of migratory wild birds, in particular of those birds that are characterised as ‘target species’ (TS) for HPAI H5N1 detection and listed in Part 2 of Annex II.

(c)	The location of poultry holding in proximity to resting and breeding places of migratory wild water birds, in particular where these areas are linked through migratory birds’ movements to areas where HPAI H5N1 is known to occur in wild birds or poultry.

(d)	Poultry holdings with free range production, or poultry holdings where poultry or other captive birds are kept in the open-air in any premises in which contact with wild birds cannot be sufficiently prevented.

(e)	Low biosecurity level in the poultry holding, including the method of storage of feed and the use of surface water.

4.1.2.   Criteria and risk factors of virus spread within the poultry holding and between poultry holdings, as well as the consequences (impact) of the spread of avian influenza from poultry to poultry and between poultry holdings

(a)	The presence of more than one poultry species in the same poultry holding, in particular the presence of domestic ducks and geese together with other poultry species.

(b)	The type of poultry production and the poultry species on the holding for which surveillance data have shown an increased detection rate of avian influenza infection in the Member State, such as duck holdings and poultry intended for re-stocking supplies of game (in particular farmed mallards).

(c)	The location of the poultry holding in areas with high densities of poultry holdings.

(d)	Trade patterns, including imports and related intensity of movements, both direct and indirect, of poultry and other factors including vehicles, equipment and persons.

(e)	The presence of long lived poultry categories and multi-age groups of poultry on the holding (such as layers).

4.2.   Targeting of populations at risk

The level of targeting must reflect the number and local weighting of risk factors present on the poultry holding.

The competent authority may consider other risk factors in its assessment in designing its surveillance design which must be duly indicated and justified in their surveillance programme.

4.3.   Targeting of poultry holdings to be sampled

Tables 1 and 2 may be used as a basis in order to determine the number of poultry holdings to be sampled per risk population.

5.   Representative sampling method

Where representative sampling as referred to in Section 2.2 is carried out, the number of poultry holdings to be sampled shall be calculated based on the figures set out in Tables 1 and 2 according to the poultry species present on the poultry holding.

5.1.   Number of poultry holdings to be sampled for serological testing for avian influenza

5.1.1.   Number of poultry holdings (except duck, goose and mallard holdings) to be sampled

For each poultry production category, except those of ducks, geese and mallards, the number of poultry holdings to be sampled shall be defined so as to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 95 % confidence interval.

Sampling shall be carried out according to Table 1:

Table 1

Number of poultry holdings (except duck, goose and mallard holdings) to be sampled in each poultry production category

Number of holdings per poultry production category per Member State	Number of poultry holdings to be sampled
Up to 34	All
35-50	35
51-80	42
81-250	53
> 250	60

5.1.2.   Number of duck, goose and mallard holdings to be sampled (1)

The number of duck, goose and mallard holdings to be sampled shall be defined to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 99 % confidence interval.

Sampling shall be carried out according to Table 2:

Table 2

Number of duck, goose and mallard holdings to be sampled

Number of duck, goose and mallard holdings per Member State	Number of duck, goose and mallard holdings to be sampled
Up to 46	All
47-60	47
61-100	59
101-350	80
> 350	90

5.2.   Number of poultry (birds) to be sampled in the poultry holding

The figures referred to in points 5.2.1 and 5.2.2 apply both to poultry holdings sampled on the basis of risk-based surveillance and on the basis of representative sampling.

5.2.1.   Number of birds (except ducks, geese and mallards) to be sampled in the poultry holding

The numbers of birds to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza, if the prevalence of sero-positive birds is ≥ 30 %.

Blood samples for serological examination shall be collected from all poultry production categories and poultry species from at least 5 to 10 birds (except ducks, geese and mallards) per poultry holding, and from the different sheds, where more than one shed is present on a holding.

In case of several sheds, samples shall be taken from at least five birds per shed.

5.2.2.   Number of ducks, geese and mallards to be sampled in the holding

The numbers of ducks, geese and mallards to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza where the prevalence of sero-positive birds is ≥ 30 %.

Twenty blood samples (2) shall be taken for serological testing from each selected poultry holding.

6.   Sampling procedures for serological testing

The time period for sampling in the poultry holding shall coincide with seasonal production for each poultry production category and sampling may also be performed at the slaughterhouse. This sampling practice must not compromise the risk targeted approach according to the criteria and risk factors listed in Section 4.1.

In order to optimise efficiency and also to avoid the unnecessary entry of persons onto poultry holdings, sampling shall, whenever possible, be combined with sampling for other purposes, such as within the framework of Salmonella and Mycoplasma control. However, such combining must not compromise the requirements for risk based surveillance.

7.   Sampling for virological testing

Sampling for virological testing for avian influenza shall not be used as an alternative to serological testing and must be performed solely within the framework of investigations to follow-up serological positive testing results for avian influenza.

8.   Frequency and period for testing

The sampling of poultry holdings shall be carried out annually. However, on the basis of a risk assessment, Member States may decide to carry out sampling and testing more frequently. The justification for doing so must be detailed in the surveillance programme.

Sampling shall be carried out in accordance with the approved surveillance programme from 1 January to 31 December of the year of implementation of that programme.

9.   Laboratory testing

The testing of samples shall be carried out at National Reference Laboratories for avian influenza (NRL) in Member States or by other laboratories authorised by the competent authorities and under the control of the NRL.

Laboratory tests shall be carried out in accordance with the Diagnostic Manual which lays down the procedures for the confirmation and differential diagnosis of avian influenza.

However, if a Member State wishes to use laboratory tests not laid down in the Diagnostic Manual, nor described in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE), those tests must first be deemed fit for that purpose by the EURL, based on validated data, before being used.

All positive serological findings shall be confirmed by the NRL by a haemagglutination-inhibition test, using designated strains supplied by the EURL:

(a)	for H5 subtype: (i) initial testing using teal/England/7894/06 (H5N3); (ii) testing of all positives with chicken/Scotland/59(H5N1) to eliminate N3 cross reactive antibodies;

(b)	for H7 subtype: (i) initial testing using turkey/England/647/77 (H7N7); (ii) testing of all positive with African starling/983/79 (H7N1) to eliminate N7 cross reactive antibodies.

All positive serological findings must be followed up at the poultry holding by epidemiological investigations and further sampling for testing by virological methods in order to determine, if active infection of avian influenza virus is present on the poultry holding. The conclusions of all those investigations shall be reported to the Commission.

All avian influenza virus isolates shall be submitted to the EURL in accordance with Union legislation according to the functions and the duties of the national reference laboratories as laid down in Annex VIII to Directive 2005/94/EC, unless a derogation has been granted as provided for in paragraph 4(d) of Chapter V of the Diagnostic Manual. Viruses of the H5/H7 subtype shall be submitted to the EURL without delay and shall be subjected to the standard characterisation tests (nucleotide sequencing/IVPI) according to the Diagnostic Manual.

The specific protocols provided by the EURL for the submission of samples and diagnostic material shall be used. The competent authorities shall ensure that there is a good exchange of information between the EURL and the NRL.

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(1)  A higher level of confidence in detection of duck and goose positive holdings is applied due to the evidence that infected duck and goose holdings are less likely than gallinaceous poultry to be detected by passive surveillance or early detection systems.

(2)  The increase in sample size compared to 5.2.1 is necessary due to the lower sensitivity of the diagnostic test when used in waterfowl.

ANNEX II

PART 1

Guidelines on the implementation of surveillance programmes for avian influenza in wild birds

1.   Objectives of surveillance

The objective of the surveillance programme for avian influenza in wild birds is the timely detection of HPAI of the subtype H5N1 in wild birds in order to protect poultry in poultry holdings and safeguard veterinary public health.

2.   Surveillance design

(a)

A risk-based surveillance (RBS) shall be implemented as a ‘passive’ surveillance system by laboratory investigation of moribund wild birds or birds found dead and it shall be specifically directed towards water bird species.

(b)

Wild birds, in particular migratory water birds, that have been shown to be at a higher risk of becoming infected with, and transmitting the HPAI H5N1 virus, the ‘target species’ (TS), shall be specifically targeted.

(c)

Areas close to the sea, lakes and waterways where birds were found dead; and in particular when these areas are in close proximity to poultry holdings, especially in areas where there is a high density of poultry holdings, shall be targeted.

(d)

Close cooperation with epidemiologists and ornithologists and the competent authority for nature conservation shall be ensured in the preparation of the surveillance programme, assisting in species identification and optimising sampling adapted to the national situation.

(e)

If the epidemiological situation for the HPAI H5N1 virus so requires, surveillance activities shall be enhanced by awareness raising and active searching and monitoring for dead or moribund wild birds, in particular for those belonging to TS. This could be triggered by the detection of the HPAI H5N1 virus in poultry and/or wild birds in neighbouring Member States and third countries or in countries which are linked via the movement of migratory wild birds, in particular those of TS, to the Member State concerned. In that case the specific migration patterns and wild bird species, which may vary in different Member States shall be taken into account.

3.   Sampling procedures

(a)

Sampling procedures shall be carried out in accordance with the Diagnostic Manual.

(b)

Cloacal and tracheal/oropharyngeal swabs and/or tissues from wild birds found dead or moribund shall be sampled for molecular detection (PCR) and/or virus isolation.

(c)

Specific care must be taken for the storage and transport of samples in accordance with paragraphs 5 and 6 of Chapter IV of the Diagnostic Manual. All avian influenza virus isolates of cases in wild birds shall be submitted to the EURL, unless a derogation has been granted as provided for in paragraph 4(d) of Chapter V of the Diagnostic Manual. Viruses of the H5/H7 subtype shall be submitted to the EURL without delay and shall be subjected to the standard characterisation tests (nucleotide sequencing/IVPI) according to the Diagnostic Manual.

(d)

Sampling shall not extend beyond 31 December of the year of implementation of the surveillance programme.

4.   Laboratory testing

Laboratory tests shall be carried out in accordance with the Diagnostic Manual.

The testing of samples shall be carried out at the NRL in Member States or by other laboratories authorised by the competent authorities and under the control of the NRL.

However, if a Member State wishes to use laboratory tests not laid down in the Diagnostic Manual nor described in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE, those tests must first be deemed fit for purpose by the EURL, based on validated data, before being used.

Initial screening using M gene PCR shall be carried out, followed by rapid testing of positive findings for H5 which shall be carried out within a period of not more than 2 weeks. In case of a positive finding for H5, an analysis of the cleavage site shall be undertaken as soon as possible to determine whether or not it has a highly pathogenic avian influenza (HPAI) or a low pathogenic avian influenza (LPAI) motif. Where H5 HPAI is confirmed, further analysis to determine the N type must be done rapidly, even though this can only provide evidence to eliminate N1.

5.   Follow-up

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In case of confirmed positive cases of HPAI H5 (N1) (1), the control measures laid down in Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (2) shall apply.

—	As part of epidemiological investigations, it is important to identify areas linked to those cases to possibly forecast further virus incursions of avian influenza, in particular in areas of relevance to poultry production, such as areas with a high density of poultry holdings.

PART 2

List of wild bird species to be targeted for sampling and testing for avian influenza — ‘target species’ (TS)

No	Scientific name	Common name
1.	Accipiter gentilis	Northern Goshawk
2.	Accipiter nisus	Eurasian Sparrowhawk
3.	Anas acuta	Northern Pintail
4.	Anas clypeata	Northern Shoveler
5.	Anas crecca	Common Teal
6.	Anas penelope	Eurasian Wigeon
7.	Anas platyrhynchos	Mallard
8.	Anas querquedula	Garganey
9.	Anas strepera	Gadwall
10.	Anser albifrons albifrons	Greater White-fronted Goose (European race)
11.	Anser anser	Greylag Goose
12.	Anser brachyrhynchus	Pink-footed Goose
13.	Anser erythropus	Lesser White-fronted Goose
14.	Anser fabalis	Bean Goose
15.	Ardea cinerea	Grey Heron
16.	Aythya ferina	Common Pochard
17.	Aythya fuligula	Tufted Duck
18.	Branta bernicla	Brent Goose
19.	Branta canadensis	Canada Goose
20.	Branta leucopsis	Barnacle Goose
21.	Branta ruficollis	Red-breasted Goose
22.	Bubo bubo	Eurasian Eagle-Owl
23.	Buteo buteo	Common Buzzard
24.	Buteo lagopus	Rough-legged Buzzard
25.	Cairina moschata	Muscovy Duck
26.	Ciconia ciconia	White Stork
27.	Circus aeruginosus	Eurasian Marsh Harrier
28.	Cygnus columbianus	Bewick’s Swan
29.	Cygnus cygnus	Whooper swan
30.	Cygnus olor	Mute Swan
31.	Falco peregrinus	Peregrine Falcon
32.	Falco tinnunculus	Common Kestrel
33.	Fulica atra	Eurasian Coot
34.	Larus canus	Common Gull
35.	Larus ridibundus	Black-headed Gull
36.	Limosa limosa	Black-tailed Godwit
37.	Marmaronetta angustirostris	Marbled Teal
38.	Mergus albellus	Smew
39.	Milvus migrans	Black Kite
40.	Milvus milvus	Red Kite
41.	Netta rufina	Red-crested Pochard
42.	Phalacrocorax carbo	Great Cormorant
43.	Philomachus pugnax	Ruff
44.	Pica pica	Eurasian Magpie
45.	Pluvialis apricaria	Eurasian Golden Plover
46.	Podiceps cristatus	Great Crested Grebe
47.	Podiceps nigricollis	Black-necked Grebe
48.	Porphyrio porphyrio	Purple Swamphen
49.	Tachybaptus ruficollis	Little Grebe
50.	Vanellus vanellus	Northern Lapwing

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(1)  Disease control measures are to be implemented based on confirmation of HPAI H5 and suspicion of N1.

(2)   OJ L 222, 15.8.2006, p. 11.

ANNEX

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(1)  Member States must allow the usage of adjacent frequency bands within this table as a single frequency band provided the specific conditions of each of these adjacent frequency bands are met.

(2)  Member States must allow the usage of spectrum up to the transmit power, field strength or power density given in this table. In conformity with Article 3(3) of Decision 2006/771/EC, they may impose less restrictive conditions, i.e. allow the use of spectrum with higher transmit power, field strength or power density.

(3)  Member States may only impose these “additional parameters (channelling and/or channel access and occupation rules)”, and may not add other parameters or spectrum access and mitigation requirements. Less restrictive conditions within the meaning of Article 3(3) of Decision 2006/771/EC mean that Member States may completely omit the ‘additional parameters (channelling and/or channel access and occupation rules)’ in a given cell or allow higher values.

(4)  Member States may only impose these “other usage restrictions”, and may not add additional usage restrictions. As less restrictive conditions may be introduced within the meaning of Article 3(3) of Decision 2006/771/EC, Member States may omit one or all of these restrictions.

(5)  This category is available for any type of application which fulfils the technical conditions (typical uses are telemetry, telecommand, alarms, data in general and other similar applications).

(6)  For this frequency band Member States must make all the alternative sets of usage conditions possible.

(7)   “Duty cycle” means the ratio of time during any 1-hour period when equipment is actively transmitting. Less restrictive conditions within the meaning of Article 3(3) of Decision 2006/771/EC mean that Member States may allow a higher value for “Duty cycle”.

(8)  Social alarm devices are used to assist elderly or disabled people when they are in distress.

(9)  This category covers, for example, devices for car immobilisation, animal identification, alarm systems, cable detection, waste management, personal identification, wireless voice links, access control, proximity sensors, anti-theft systems, including RF anti-theft induction systems, data transfer to handheld devices, automatic article identification, wireless control systems and automatic road tolling.

(10)  This category covers inductive applications used for Radio Frequency Identification (RFID).

(11)  This category covers inductive applications used for Electronic Article Surveillance (EAS).

(12)  This category covers the radio part of active implantable medical devices, as defined in Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices (OJ L 189, 20.7.1990, p. 17).

(13)  This category covers systems specifically designed for the purpose of providing non-voice digital communications between active medical implants, as defined in footnote 12, and/or body-worn devices and other devices external to the human body used for transferring non-time critical individual patient-related physiological information.

(14)  This category covers transmitting devices which are placed inside the body of an animal for the purpose of performing diagnostic functions and/or delivery of therapeutic treatment.

(15)  This category includes applications which connect personal audio devices, including mobile phones, and the automotive or home entertainment system.

(16)  Applications for wireless audio systems, including: wireless microphones, cordless loudspeakers; cordless headphones; cordless headphones for portable use, e.g. portable CD, cassette or radio devices carried on a person; cordless headphones for use in a vehicle, for example for use with a radio or mobile telephone, etc.; in-ear monitoring and wireless microphones for use at concerts or other stage productions.

(17)  This category covers applications used for determining the position, velocity and/or other characteristics of an object, or for obtaining information relating to these parameters.

(18)  Tank Level Probing Radars (TLPR) are a specific type of radiodetermination application, which are used for tank level measurements and are installed in metallic or reinforced concrete tanks, or similar structures made of material with comparable attenuation characteristics. The purpose of the tank is to contain a substance.

(19)  The power limit applies inside a closed tank and corresponds to a spectral density of – 41,3 dBm/MHz e.i.r.p. outside a 500 litre test tank.

(20)  This category covers applications used to control the movement of models (principally miniature representations of vehicles) in the air, on land or over or under the water surface.’