23.2.2006 Official Journal of the European Union L 52/41 COMMISSION DECISION of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community (notified under document number C(2006) 597) (Text with EEA relevance) (2006/135[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 (), 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, 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 (%), and in particular Article 66(2) 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 health and to reduce sharply the profitability of poultry farming. Under certain circumstances the disease may also pose a risk to human health. There is a risk that the disease agent might be spread to other holdings, to wild birds and from one Member State to other Member States and third countries through the international trade in live birds or their products. (") OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41EC (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). () OJ L 10, 14.1.2006, p. 16. (2)  Highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from wild birds in certain parts of the Community and in third countries adjacent to the Community or populated by migratory birds during winter. The likelihood of virus introduction with wild birds is increasing during the forthcoming migratory season. (3)  Where an H5 avian influenza virus collected from poultry is isolated on the territory of a Member State and where, pending the determination of the neurami- nidase (N) type or of the pathogenicity index, the clinical picture and the epidemiological circumstances justify the suspicion of highly pathogenic avian influenza caused by highly pathogenic influenza A virus of subtype H5N1 or the presence of highly pathogenic avian influenza, in particular of that subtype, has been confirmed, the affected Member State should apply certain protection measures to minimise the risk of disease spread. (4)  These protective measures should be implemented in addition to those foreseen in the framework of Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (°). (5) However, the measures provided for in Directive 92/40[EEC are minimum control measures and require supplementary provisions notably on the movement of certain birds and of products from poultry and other birds originating in the zone affected by the disease. (6)  Given the particular disease risk and the epidemiological situation with regard to highly pathogenic avian influenza and taking into account the severe economic impact the disease may have, in particular when occurring in Densely Populated Poultry Areas, supple- mentary measures should aim at reinforcing the local control measures, regionalising the affected Member State by separating the affected part of the territory from the disease free part thereof, and providing reas- surance to the poultry sector and the trade partners about the safety of products dispatched from the disease free part of the country. () OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EQ) No 806/2003.