L 246/12 Official Journal of the European Union 8.9.2006 COMMISSION DECISION of 6 September 2006 on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies (notified under document number C(2006) 3940) (Text with EEA relevance) (2006/605EC) 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, 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 3 thereof, Whereas: (1) Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (°) lays down animal health conditions governing intra-Community trade and imports from third countries of poultry, including rules for intra-Community trade and imports of poultry intended for restocking wild game supplies. (2)  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 (%) provides that Member States are to define on their (") 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). () OJ L 10, 14.1.2006, p. 16. () OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003 Act of Accession. ( 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). territory areas at a particular risk for the introduction and occurrence of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 based on certain risk factors. Poultry intended for restocking wild game supplies comprise different species of farmed feathered game including waterfowl. Such poultry are bred in captivity and then released into the wild in order to be hunted and serve as a source of wild feathered game meat. Farming concerning poultry intended for restocking wild game supplies often involves contact with wild birds and might therefore pose an increased risk for the spread of avian influenza in particular when dispatched to other Member States or third countries. Experiences with outbreaks of highly pathogenic avian influenza of subtype H5N1 and other avian influenza strains of H5 and H7 subtypes have shown that that category of poultry is particularly at risk and that addi- tional measures should be taken to reduce such risks. Accordingly it is appropriate that Member States draw up guidelines for good biosecurity practices for that type of poultry production, detailing and complementing the measures provided for in Decision 2005/734EC in particular as regards holdings from which poultry are dispatched to other Member States or third countries. Directive 2005/94/EC sets out certain preventive measures relating to the surveillance and early detection of avian influenza. That Directive requires the implemen- tation of surveillance programmes for avian influenza in poultry holdings. The guidelines for good biosecurity practices, additional biosecurity measures and testing prior to the dispatch of poultry provided for in this Decision should give further guarantees for trade and exports in live poultry and reduce the risk of spreading the disease.