L 48/28 Official Journal of the European Union 18.2.2006 COMMISSION COMMISSION DECISION of 17 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC (notified under document number C(2006) 554) (Text with EEA relevance) (2006/115[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra- Community trade with a view to the completion of the internal market (!), and in particular Article 9(4) thereof, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (3), and in particular Article 10(4) thereof, Having regard to Regulation (EC) No 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65[EEC (%), and in particular Article 18 thereof, Whereas: (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. There is a risk that the disease agent might be spread (") OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41[EC (O] L 157, 30.4.2004, p. 33). () OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (O L 315, 19.11.2002, p. 14). () O] L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (O] L 4, 7.1.2006, p. 3). from wild birds to domestic birds, notably poultry, and from one Member State to other Member States and third countries through the international trade in live birds or their products. (2)  Cases of highly pathological avian influenza of the subtype virus H5NI are suspected or confirmed in several Member States. The Commission has already adopted interim protection measures. Taking into account the epidemiological situation, it is appropriate to take the necessary protection measures at Community level, to prevent that disease from spreading from wild birds to poultry. (3)  Where an H5 avian influenza virus collected from a clinical case in wild birds is isolated on the territory of a Member State and where pending the determination of the neuraminidase (N) type and of the pathogenicity index the clinical picture and the epidemiological circum- stances justify the suspicion of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 or the presence of that subtype has been confirmed, the affected Member State should apply certain protection measures to minimise the risk for poultry. (4)  The specific measures provided for in this Decision should apply without prejudice to the measures to be taken by Member States in the framework of Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (4. () OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003.