16.6.2006 Official Journal of the European Union L 164/51 COMMISSION DECISION of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (notified under document number C(2006) 2400) (Text with EEA relevance) (2006/415EC) 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, 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 (") 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). () OJ L 10, 14.1.2006, p. 16. 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. (2)  Where a highly pathogenic avian influenza A virus of the subtype H5 is detected in a sample collected from poultry on the territory of a Member State and where, pending the determination of the neuraminidase (N) type, 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 of that subtype has been confirmed, the affected Member State should apply certain protection measures to minimise the risk of disease spread. (3)  Such protection measures were adopted by Commission Decision 2006/135/EC of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in poultry in the Community (°) to be implemented in addition to those adopted in the framework of Council Directive 92/40[/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (°), in particular as regards the movement of certain birds and of products from poultry and other birds originating in the zone affected by the disease. (40  The measures laid down in Directive 92/40/EEC have been fundamentally reviewed in the light of recent scientific knowledge on the risks of avian influenza for animal and public health, the development of new laboratory tests and vaccines and the lessons learnt during recent outbreaks of this disease in the Community as well as in third countries. Taking account of that review, Directive 92[40/EEC was repealed and replaced by Directive 2005/94/EC, which is to be transposed by Member States into national law by 1 July 2007. () O] L 52, 23.2.2006, p. 41. Decision as last amended by Decision 2006/384[EC (O] L 148, 2.6.2006, p. 53). () OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003 Act of Accession.