L 166/74 Official Journal of the European Union 27.6.2009 COMMISSION DECISION of 25 June 2009 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in Croatia and Switzerland (notified under document number C(2009) 4977) (Text with EEA relevance) (2009/494/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662[EEC, 90/425/EEC  and  90/675[EEC (), and in particular Article 18(1) and (7) thereof, Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3), and in particular Article 22(1) and (6) thereof, Whereas: (1)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (}) lays down veterinary certification conditions for imports into and transit through the Community of poultry and certain products thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definitions of poultry and hatching eggs in that Regulation be taken into account for the purposes of this Decision. (2)  Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (¥) lays down the animal health conditions for imports of certain birds into the Community from third countries and parts thereof. In the interests of clarity and consistency of Community () O] L 268, 24.9.1991, p. 56. () O] L 24, 31.1.1998, p. 9. () O] L 226, 23.8.2008, p. 1. (4 O] L 84, 24.3.2007, p. 7. rules, it is appropriate that the definition of birds in that Regulation be taken into account for the purposes of this Decision. (3)  Commission Decision 2006/265/EC of 31 March 2006 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Swit- zerland (°) and Commission Decision 2006/533/EC of 28 July 2006 concerning certain temporary protection measures in relation to highly pathogenic avian influenza in Croatia (°) were adopted following positive findings for highly pathogenic avian influenza of subtype H5N1 in wild birds in both of those third countries. Those Decisions provided that Member States are to suspend imports from certain parts of Croatia and Swit- zerland of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. Decisions 2006/265/EC and 2006/533/EC have been consolidated in one act and the duration of the measures prolonged until 30 June 2009 by Commission Decision 2008/555/EC of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype HS5NI in Croatia and Switzerland (7). (4)  Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (%) lays down certain biose- curity and restriction measures to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease in poultry. (5)  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 (%) lays down certain protection measures to prevent the spread of that disease from wild birds to poultry including, based on risk assessment, the establishment of control and moni- toring areas taking into account the epidemiological, geographical and ecological factors following a suspected or confirmed positive finding for that disease in wild birds. () O] L 95, 4.4.2006, p. 9. () O] L 212, 2.8.2006, p. 19. () O] L 179, 8.7.2008, p. 14. (%) O] L 164, 16.6.2006, p. 51. (%) O] L 222, 15.8.2006, p. 11.