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L 10/24
EN
OfficialJournaloftheEuropeanUnion
14.1.2006
5.
Meat of poultry slaughtered and eggs collected from the
3.
Where a derogation has been granted, as provided for in
holding during the period between the probable date of intro-
Article 13(1) and Article 14, the Commission shall immediately
duction of HPAI on the holding and the application of the
review the situation with the Member State concerned and in
measures provided for in Article 7(2) shall, wherever possible,
the Standing Committee on the Food Chain and Animal Health
be traced and disposed of under official supervision.
(¡®the Committee¡¯) as soon as possible.
4.
Taking account of any derogation granted, as provided for
6.
All substances and waste likely to be contaminated, such
in Article 13(1) and Article 14, measures to prevent the spread
as feed, shall be destroyed or undergo a treatment ensuring the
of avian influenza may be adopted in accordance with the
destruction of the avian influenza virus, in accordance with the
procedure referred to in Article 64(3).
instructions of the official veterinarian.
Article 13
7.
However, manure, slurry and bedding likely to be
contaminated shall undergo one or more of the procedures
Derogations concerning certain holdings
provided for in Article 48.
1.
The competent authority may grant derogations from the
measures provided for in the first subparagraph of Article 11(2)
in cases of an outbreak of HPAI in a non-commercial holding, a
8.
Following the disposal of carcases, the buildings used for
circus, a zoo, a pet bird shop, a wild life park, a fenced area
housing them, pastures or land, the equipment likely to be
where poultry or other captive birds are kept for scientific
contaminated and the vehicles used for transporting the
purposes or purposes related to the conservation of endangered
poultry or other captive birds, carcases, meat, feed, manure,
species or officially registered rare breeds of poultry or other
slurry, bedding and any other material or substance likely to
captive birds, provided that such derogations do not endanger
be contaminated shall undergo one or more of the procedures
disease control.
provided for in Article 48.
2.
The competent authority shall ensure that where a dero-
9.
Other captive birds or mammals of domestic species shall
gation is granted, as provided for in paragraph 1, the poultry
not enter or leave the holding without the authorisation of the
and other captive birds concerned by the derogation:
competent authority. That restriction shall not apply to
mammals of domestic species which have access only to the
living areas for humans.
(a) are brought inside a building on their holding and kept
there. Where this is impractical or if their welfare is
compromised they are confined in some other place on
10.
In the case of a primary outbreak, the virus isolate shall
the same holding such that they do not have contact with
be subjected to the laboratory procedure in accordance with the
other poultry or other captive birds on other holdings. All
diagnostic manual to identify the genetic subtype.
reasonable steps are taken to minimise their contact with
wild birds;
That virus isolate shall be submitted to the Community
(b) are subjected to further surveillance and testing in
reference laboratory, as provided for in Article 51(1) as soon
accordance with the diagnostic manual and are not
as possible.
moved until the laboratory tests have indicated that they
no longer pose a significant risk of further spread of
HPAI; and
Article 12
Derogations
(c) are not moved from their holding of origin, except for
1.
Member States shall draw up detailed rules for granting
slaughter or to another holding:
derogations, as provided for in Articles 11(2), 13 and 14,
including alternative appropriate measures and conditions.
Such derogations shall be based on a risk assessment carried
out by the competent authority.
(i) located in the same Member State, in accordance with
the instructions of the competent authority; or
2.
Member States shall immediately notify the Commission
of any derogation granted in accordance with Article 13(1) and
(ii) in another Member State, subject to the agreement of
Article 14.
the Member State of destination.

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