15.8.2006 Official Journal of the European Union L 222/11 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (notified under document number C(2006) 3585) (Text with EEA relevance) (2006/563/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 the European Parliament and of the Council of 26 May 2003 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 (") OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41[EC of the European Parliament and of the Council (O] L 157, 30.4.2004, p. 33, corrected by OJ L 195, 2.6.2004, p. 12). () 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 590/2006 (O] L 104, 13.4.2006, p- 8). () O] L 48, 18.2.2006, reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be spread from wild birds to domestic birds, notably poultry, and from one Member State to other Member States and third countries through international trade in live birds or their products. (2)  Cases of highly pathogenic avian influenza (HPAI) of the subtype virus H5N1, hereinafter ‘HPAI H5N1’, have been suspected or confirmed in several Member States. Taking into account the epidemiological situation, Commission Decision 2006/115/EC 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 (*) was adopted. (3)  The measures laid down in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (5) were reviewed in-depth in the light of recent scientific knowledge on the risk of avian influenza for animal and public health, the devel- opment of new laboratory tests and vaccines and the experience gained during recent outbreaks of that disease in the Community as well as in third countries. Taking account of that review, Directive 92/40/EEC was repealed and replaced by Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40[EEC (%), which is to be transposed by Member States by 1 July 2007. p- 28. Decision as amended by Decision 2006/277[EC (O] L 103, 12.4.2006, p. 29). (®) OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EQ) No 806/2003 (O] L 122, 16.5.2003, p. 1). (% OJ L 10, 14.1.2006, p. 16.