L 42[52 Official Journal of the European Union 14.2.2006 COMMISSION DECISION of 13 February 2006 concerning certain interim protection measures in relation to suspected cases of highly pathogenic avian influenza in wild birds in Slovenia (notified under document number C(2006) 492) (Only the Slovenian text is authentic) (2006/91/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(3) 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(3) 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, 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 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 the international trade in live birds or their products. (2)  Slovenia has informed the Commission about the isolation of an H5 avian influenza virus collected from a clinical case in wild birds. Pending the determination of the neuraminidase (N) type and of the pathogenicity (") OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41[EC (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). index, the clinical picture and the epidemiological circumstances allow the suspicion of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1. (3)  Slovenia has without undue delay implemented certain measures foreseen in the framework of Council Directive 92/40[EEC of 19 May 1992 introducing Community measures for the control of avian influenza (*). (4)  Given the disease risk, interim protection measures should be adopted in order to address the particular risks in different areas. (5)  In the interests of consistency, it is appropriate to apply for the purposes of this Decision certain definitions provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40[EEC (°), 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 (°), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (7), 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 (8). (6)  Protection and surveillance zones should be established around the place where the disease was detected in wild birds. Those zones should be limited to what is necessary to prevent virus introduction into commercial and non- commercial poultry flocks. () OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EQ) No 806/2003. () OJ L 10, 14.1.2006, p. 16. (6) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 2003 Act of Accession. () O] L 139, 30.4.2004, p. 206; corrected version in O] L 226, 25.6.2004, p. 83. Regulation as last amended by Commission Regu- lation (EC) No 2076/2005 (O] L 338, 22.12.2005, p. 83). () 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).