3.5.2007 Official Journal of the European Union L 115/3 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 13 April 2007 on the implementation of surveillance programmes for avian influenza in poultry and wild birds to be carried out in the Member States and amending Decision 2004/450/EC (notified under document number C(2007) 1554) (2007/268/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (') and in particular the fourth subparagraph of Article 24(2) and Article (10) thereof, Having regard to Council Directive 2005/94/EC  of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (3 and in particular Article 4(2) thereof, Whereas: (1) Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field lays down the procedures governing the Community’s financial contribution towards programmes for the eradication, control and monitoring of animal diseases. (2)  Decision 90/424[EEC, as amended by Decision 2006/53EC (), provides that Community financial assistance may be granted to Member States for those eradication measures carried out by the Member States to combat low pathogenic avian influenza (LPAI) strains known to have the potential to mutate to highly pathogenic avian influenza (HPAI). In addition, Article (") OJ L 224, 18.8.1990, p. 19. Decision as last amended by Council Decision 2006/965(EC (O] L 397, 30.12.2006, p. 22). () OJ L 10, 14.1.2006, p. 16. () O] L 29, 2.2.2006, p. 37. 24(2) of Decision 90/424[EEC provides that Member States are to submit to the Commission, each year by 30 April at the latest, the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community. (3)  Council Directive 92/40/EEC of 19 May 1992 intro- ducing Community measures for the control of avian influenza (4) defines the Community control measures to be applied in the event of an outbreak of highly pathogenic avian influenza (HPAI) in poultry. However, it does not provide for the control of low pathogenic avian influenza (LPAI) of H5 and H7 subtypes or for regular surveillance of that disease in poultry and wild birds. (4 Since 2002, Member States have been implementing mandatory surveys for avian influenza in domestic poultry by submitting yearly surveillance programmes to the Commission, as provided for in Commis- sion Decisions 2002/649/EC (), 2004/111/EC (%), 2005/464/EC (') and 2006/101/EC (3. (5)  Directive 2005/94/EC provides for certain preventive measures relating to the surveillance and early detection of avian influenza. The final date for the transposition of that Directive by the Member States is 1 July 2007 and it provides for the repeal of Directive 92/40/EEC as of that date. () OJ L 167, 22.6.1992, p. 1. Directive as last amended by Directive 2006/104/EC (O] L 363, 20.12.2006, p. 352). () O] L 213, 9.8.2002, p. 38. () O] L 32, 5.2.2004, p. 20. Decision as amended by Decision 2004/615/EC (O] L 278, 27.8.2004, p. 59). () O] L 164, 24.6.2005, p. 52. Decision as amended by Decision 2005/726[EC (O] L 273, 19.10.2005, p. 21). (% OJ L 46, 16.2.2006, p. 40.