(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.

(2)

Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (2) sets out the control measures to be applied in the event of an outbreak of avian influenza in poultry, without prejudice to the Community provisions governing intra-Community trade. That Directive does not apply where avian influenza is detected in other birds but it provides that in such cases, the Member State concerned must inform the Commission of any measure it takes.

(3)

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (3), and in particular Article 3 thereof, provides that trade in and imports of the animals, semen, ova and embryos concerned must not be prohibited or restricted for animal health reasons, other than those arising from the application of Community legislation, and in particular any safeguard measures taken. Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (4), defines zoos which are covered by that Directive. That definition of zoos should be taken into account for the purposes of this Decision. However, that definition needs to be supplemented with regard to trade for the purpose of the present Decision.

(4)

Highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 has been recently confirmed in Turkey, Romania, Russia, west of the Ural mountains. Circumstantial evidence and molecular epidemiology data strongly suggest that the avian influenza virus has spread into those countries proceeding from central Asia via migratory birds. This is also suggested by the report of a recent mission to Russia carried out by the World Organization for Animal Health (OIE), that was published on 14 October 2005.

(5)

In relation to the risk of the introduction of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 into the Community, the Commission has adopted several Decisions, including 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 virus A 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 (5).

(6)

It is appropriate to lay down at Community level bio-security measures for the prevention of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member State to protect wild fauna and to conserve bio-diversity.

(7)

Vaccination of susceptible birds kept in zoos could be an appropriate additional preventative measure, under certain circumstances.

(8)

It is therefore also appropriate to lay down at Community level the essential requirements concerning vaccination of birds kept in zoos that the Member States should follow, if they consider it appropriate to vaccine such birds.

(9)

The vaccination, even though limited to special categories of animals not primarily concerned by trade, may contribute to jeopardise the avian influenza status in terms of international trade, not only for the Member State or part of its territory where vaccination is carried out. Therefore the vaccinated birds should not be traded unless certain requirements are met. The Member States should inform the Commission by 30 November 2005 of the measures taken to ensure proper implementation of this Decision.

(10)

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

(a)

‘Zoo’ means:

(b)

‘Susceptible bird’ means any bird species likely to be susceptible to avian influenza and not intended for the production of animal products.