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Council Directive 2005/94/ECShow full title

Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC

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Article 41Measures to be applied in cases of outbreaks of LPAI in separate production units

1.In cases of an outbreak of LPAI in a holding which consists of two or more separate production units, the competent authority may grant derogations from the measures provided for in Article 39(2), for production units containing healthy poultry provided that such derogations do not endanger disease control.

2.Member States shall draw up detailed rules for applying the derogations provided for in paragraph 1, taking account of the animal health guarantees which may be obtained and shall provide for alternative appropriate measures.

3.Member States shall immediately inform the Commission of any derogations granted in accordance with paragraph 1.

4.The Commission shall review the situation with the Member State concerned and in the Committee as soon as possible.

5.Taking account of any derogation granted, as provided for in paragraph 1, measures to prevent the spread of avian influenza may be adopted in accordance with the procedure referred to in Article 64(3).

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