Commission Implementing Decision (EU) 2017/263Show full title

Article 6 Derogations from the risk mitigation measures laid down in Article 4

1. By way of derogation from Article 4(3) and provided biosecurity measures are in place to prevent risk of the transmission of HPAI viruses, the Member States may authorise the following:

(a) the keeping of poultry in the open air subject to compliance with the following conditions:

(i)

the poultry are protected against contact with wild birds with nets or roofs or by other appropriate means; or

(ii)

the poultry are at least supplied with feed and water indoors or under a shelter which sufficiently discourages the landing of wild birds and thereby prevent contact by wild birds with the feed or water intended for the poultry;

(b) the use of outdoor water reservoirs where they are required for animal welfare reasons for certain poultry and they are sufficiently screened against wild water birds;

(c) the provision of water to poultry from surface water accessed by wild water birds after treatment that ensures the inactivation of avian influenza viruses.

2. By way of derogation from Article 4(4) and provided biosecurity measures are in place to prevent the risk of the transmission of HPAI viruses the Member States, may authorise the following:

(a) the gatherings of poultry and other captive birds at markets, shows, exhibitions and cultural events;

(b) the use of decoy birds:

(i)

in the framework of a surveillance programme for avian influenza carried out in accordance with Article 4 of Directive 2005/94/EC, research projects, ornithological studies or any other activity approved by the competent authority; or

(ii)

in accordance with appropriate biosecurity measures and provisions, which are aimed at preventing HPAI virus transmission to poultry.