L 228/24 Official Journal of the European Union 22.8.2006 COMMISSION DECISION of 18 August 2006 amending Decision 2005/734/EC as regards certain additional risk mitigating measures against the spread of avian influenza (notified under document number C(2006) 3702) (Text with EEA relevance) (2006/574[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 (!), and in particular Article 10(4) thereof, Whereas: (1) In order to reduce the risk of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 being introduced into poultry farms and other premises where birds are kept in captivity via wild birds, Commission 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 (3) was adopted. (2)  Pursuant to that Decision, Member States are to identify individual holdings keeping poultry or other captive birds which, according to epidemiological and ornithological data, should be considered particularly at risk from the spread of the avian influenza A virus of subtype H5N1 via wild birds. (3)  In the light of current epidemiological and ornithological developments with regard to that disease, provision should be made to review such risks on a regular and ongoing basis with a view to adjusting the areas iden- tified as particularly at risk for the spread of the disease and the measures taken in those areas. (") 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 274, 20.10.2005, p. 105. Decision as last amended by Decision 2006/405/EC (O] L 158, 10.6.2006, p. 14). (4)  In such areas the use of decoy birds has been prohibited, except for their use in the Member States’ programmes for avian influenza surveys in poultry and wild birds, as provided for in Commission Decision 2005/732/EC of 17 October 2005 approving the programmes for the implementation of Member States’ surveys for avian influenza in poultry and wild birds during 2005 and laying down reporting and eligibility rules for the Community financial contribution to the implementation costs of those programmes (°). (5)  Taking into account recent experiences and based on a favourable outcome of a case-by-case risk assessment, the competent authority should be given the possibility to grant further derogations from the prohibition of the use of decoy birds provided that appropriate biosecurity measures are taken. (6)  Decision 2005/734/EC should therefore be amended accordingly. (7  The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Article 1 Decision 2005/734/EC is amended as follows: 1. Article 2a is replaced by the following: ‘Article 2a Additional risk mitigating measures 1. Member States shall ensure that the following activities are prohibited in the areas of their territory that they have identified as being particularly at risk for the introduction of avian influenza, in accordance with Article 1(1): (a) the keeping of poultry in the open air, without undue delay; () O] L 274, 20.10.2005, p. 95.