Establishment of areas A and B
Article 4
1
Immediately following a suspected or confirmed outbreak of highly pathogenic avian influenza caused by highly pathogenic influenza A virus of subtype H5 suspected or confirmed to be of the neuraminidase type N1, the affected Member State shall establish:
a
area A, having regard to the legal requirements as set out in Article 16 of Directive 2005/94/EC;
b
area B having regard to geographical, administrative, ecological and epizootiological factors relating to avian influenza.
The affected Member State shall notify areas A and B to the Commission, to the other Member States and, as appropriate, to the public.
2
The Commission, in collaboration with the affected Member State, shall examine the areas established by the affected Member State and take the appropriate measures in relation to those areas pursuant to Article 9(3) and (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
3
If the neuraminidase type is confirmed as being different from N1, the affected Member State shall abolish the measures taken by it in relation to the areas concerned and notify the Commission and the other Member States.
The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
4
If the presence of a highly pathogenic influenza A virus of the subtype H5N1 is confirmed in poultry, the affected Member States shall:
a
notify the Commission and the other Member States;
b
apply the measures provided for in Article 5:
1. for at least 21 days in the case of the protection zone and 30 days in the case of the surveillance zone after the date of completion of the preliminary cleansing and disinfection on the holding where an outbreak is confirmed in accordance with Article 11(8) of Directive 2005/94/EC; and
2. as long as is necessary having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza; or
3. until the date indicated for the affected Member State in the Annex;
c
keep the Commission and the other Member States informed about any development with regard to areas A and B.
The Commission, in collaboration with the affected Member State, shall take the appropriate measures pursuant to Article 9(3) or (4) of Directive 89/662/EEC and Article 10(3) or (4) of Directive 90/425/EEC.
Substituted by Commission Decision of 29 June 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (notified under document number C(2007) 3183) (Text with EEA relevance) (2007/454/EC).