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14.1.2006
EN
OfficialJournaloftheEuropeanUnion
L 10/35
5.
The competent authority shall ensure that the following
(e) manure, slurry and bedding likely to be contaminated
are disposed of under official supervision:
undergo one or more of the procedures provided for in
Article 48;
(a) carcases, and
(f) after depopulation, the buildings used for housing the
poultry or other captive birds, the equipment likely to be
contaminated and the vehicles used for transporting
carcases, feed, manure, slurry, and bedding or any other
(b) hatching eggs on the holding.
material or substance likely to be contaminated undergoes
without delay one or more of the procedures provided for
in Article 48;
6.
The competent authority shall ensure that the following
measures are taken:
(g) mammals of domestic species do not enter or leave the
holding without the authorisation of the competent
authority. This restriction shall not apply to mammals
(a) hatching eggs collected from the holding during the period
which have access only to the living areas for humans in
between the probable introduction of LPAI into the holding
which they:
and the taking of the measures provided for in this
Directive, are whenever possible traced and hatched under
official surveillance;
(i) have no contact with resident poultry or other captive
birds, and
(b) poultry already hatched from eggs collected from the
holding during the period between the probable intro-
duction of LPAI into the holding and the taking of the
(ii) have no access to any cages or areas where such
measures provided for in this Directive, are whenever
resident poultry or other captive birds are kept.
possible placed under official surveillance and investigations
are carried out in accordance with the diagnostic manual;
(h) in the case of a primary outbreak of LPAI, the virus isolate
is subjected to the laboratory tests to identify the subtype of
(c) eggs present on the holding and further produced on the
virus in accordance with the diagnostic manual; the virus
holding before depopulation as provided for in paragraph 2,
isolate shall be submitted to the Community reference
are transported provided that the risk of spread of LPAI is
laboratory, as provided for in Article 51(1), as soon as
minimised:
possible.
7.
Member States applying the measures provided for in
(i) to a packing centre designated by the competent
paragraphs 2, 4 and 5 shall inform the Commission thereof.
authority (¡®the designated packing centre¡¯), provided
that they are packed in disposable packaging and that
all biosecurity measures required by the competent
authority are applied;
Article 40
Derogations for certain holdings
(ii) to an establishment for the manufacture of egg
1.
The competent authority may grant derogations from the
products as set out in Chapter II of Section X of
measures provided for in Article 39(2) and point (b) of Article
Annex III to Regulation (EC) No 853/2004 to be
39(5) in cases of an outbreak of LPAI in a non commercial
handled and treated in accordance with Chapter XI of
holding, a circus, a zoo, a pet bird shop, a wild life park, a
Annex II to Regulation (EC) No 852/2004; or
fenced area where poultry or other captive birds are kept for
scientific purposes or purposes related to the conservation of
endangered species or officially registered rare breeds of poultry
or other captive birds, provided that such derogations do not
(iii) for disposal.
endanger disease control.
(d) any material or substance likely to be contaminated are
2.
The competent authority shall ensure that where a dero-
either treated in accordance with the instructions of the
gation is granted, as provided for in paragraph 1, the poultry or
official veterinarian or disposed of;
other captive birds concerned by the derogation:

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