15.11.2013 Official Journal of the European Union L 305/19 COMMISSION IMPLEMENTING DECISION of 12 November 2013 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 to be applied in the event of an outbreak of that disease in Switzerland and repealing Decision 2009/494/EC (notified under document C(2013) 7505) (Text with EEA relevance) (2013/657/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662[EEC, 90/425/EEC and 90/675/EEC ('), and in particular Article 18(1) and (7) thereof, Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (), and in particular Article 22(1) and (6) thereof, Whereas: (1)  Commission Decisions 2006/265[EC (%) and 2006/533EC () were adopted following positive findings for highly pathogenic avian influenza of subtype H5N1 in wild birds in Croatia and Switzerland. Those Decisions provided that Member States were to suspend imports from certain parts of Croatia and Swit- zerland of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. (2)  Commission Decision 2006/415/EC (°) lays down certain biosecurity and restriction measures to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease in poultry. () OJ L 268, 24.9.1991, p. 56. () OJ L 24, 30.1.1998, p. 9. (}) Commission Decision 2006/265/EC of 31 March 2006 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Switzerland (O] L 95, 4.4.2006, p. 9). () Commission Decision 2006/533/EC of 28 July 2006 concerning certain temporary protection measures in relation to highly pathogenic avian influenza in Croatia (O] L 212, 2.8.2006, p. 19). (°) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (O] L 164, 16.6.2006, p. 51). (3)  Commission Decision 2006/563/EC (°) lays down certain protection measures to prevent the spread of that disease from wild birds to poultry including, based on risk assessment, the establishment of control and monitoring areas taking into account the epidemiological, geographical and ecological factors following a suspected or confirmed positive finding for that disease in wild birds. (4)  The protection measures laid down in Decisions 2006/265/EC and 2006/533/EC expired on 30 June 2007. However, in the light of the epidemiological situation as regards highly pathogenic avian influenza of subtype H5N1 in the Union and in third countries, the protection measures laid down in those Decisions were included in Commission Decision 2008/555/EC (). Decision 2008/555/EC was replaced by Commission Decision ~ 2009/494/EC (%),  which  applies  until 31 December 2013. (5)  In view of Croatia’s accession to the Union on 1 July 2013, the measures provided for in Decision 2009/494[EC no longer apply to that Member State. However, in the light of the epidemiological situation with respect to the risks posed by the highly pathogenic avian influenza virus of the subtype H5N1, it is appro- priate to maintain the protection measures with respect to Switzerland until 31 December 2015. (6)  Switzerland has notified the Commission that the competent authorities of that third country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided for in Decisions 2006/415/EC and 2006/563/EC, when highly pathogenic avian influenza of subtype H5N1 is suspected or confirmed in poultry or wild birds and that it will immediately notify the Commission of any future (°) Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community (O] L 222, 15.8.2006, p. 11). (7) Commission Decision 2008/555/EC of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in Croatia and Switzerland (O] L 179, 8.7.2008, p. 14). (]) Commission Decision 2009/494/EC of 25 June 2009 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in Croatia and Switzerland (O] L 166, 27.6.2009, p. 74).