(1)

Avian influenza is an infectious viral disease of poultry and other captive birds with a severe impact on the profitability of poultry farming causing disturbance to trade within the Union and export to third countries.

(2)

In the event of an outbreak of avian influenza, there is a risk that the disease agent spreads to other poultry holdings within that Member State, but also to other Member States and to third countries through trade in live poultry or their products.

(3)

Council Directive 2005/94/EC (2) introducing Union measures for the control of avian influenza sets out measures which in the event of an outbreak have to be immediately implemented by Member States as a matter of urgency to prevent further spread of the virus.

(4)

Decision 2009/470/EC lays down the procedures governing the Union’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 4(2) of that Decision, Member States shall obtain a financial contribution towards the costs of certain measures to eradicate avian influenza.

(5)

Article 4(3), first and second indents of Decision 2009/470/EC lays down rules on the percentage of the costs incurred by the Member State that may be covered by the Union’s financial contribution.

(6)

The payment of a Union financial contribution towards emergency measures to eradicate avian influenza is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3).

(7)

Outbreaks of avian influenza occurred in the Czech Republic, Germany, Spain, France and Italy in 2009. The Czech Republic, Germany, Spain, France and Italy took measures in accordance with Directive 2005/94/EC to combat those outbreaks.

(8)

The authorities of the Czech Republic, Germany, Spain, France and Italy were able to demonstrate through reports provided in the Standing Committee on the Food Chain and Animal Health and continuous submission of information on the development of the disease situation that they have efficiently implemented the control measures provided for in Directive 2005/94/EC leading to the rapid containment of the disease.

(9)

The authorities of the Czech Republic, Germany, Spain, France and Italy have therefore fulfilled all their technical and administrative obligations with regard to the measures provided for in Article 4(2) of Decision 2009/470/EC and Article 6 of Regulation (EC) No 349/2005.

(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,