CHAPTER IV

HIGHLY PATHOGENIC AVIAN INFLUENZA (HPAI)
SECTION 3

Measures to be applied in protection zones

Census and visits by the official veterinarian and surveillance
Article 18
The competent authority shall ensure that the following measures are applied in protection zones:
1. a census of all the holdings is made as soon as possible;
2. all commercial holdings are visited by an official veterinarian as soon as possible for a clinical examination of the poultry and other captive birds and, if necessary, the collection of samples for laboratory tests in accordance with the diagnostic manual; a record of such visits and the findings thereof shall be kept; non-commercial holdings are visited by an official veterinarian before the lifting of the protection zone;
3. additional surveillance is immediately implemented in accordance with the diagnostic manual in order to identify any further spread of avian influenza in the holdings located in the protection zone.

Measures to be applied on holdings in protection zones
Article 19
The competent authority shall ensure that the following measures are applied on holdings in protection zones:
1. all poultry and other captive birds 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 the same holding such that they do not have contact with other poultry or other captive birds on other holdings. All reasonable steps are taken to minimise their contact with wild birds;
2. carcases are disposed of as soon as possible;
3. vehicles and equipment used for transporting live poultry or other captive birds, meat, feed, manure, slurry and bedding and any other material or substances likely to be contaminated, undergo without delay one or more of the procedures provided for in Article 48;
4. all parts of vehicles used by staff or other persons which enter or leave holdings and are likely to have become contaminated undergo without delay one or more of the procedures provided for in Article 48;
5. no poultry, other captive birds or domestic mammals may enter or leave a holding without authorisation of the competent authority. This restriction shall not apply to mammals which have access only to the living areas for humans in which they:
  1. have no contact with resident poultry or other captive birds, and
  2. have no access to any cages or areas where such resident poultry or other captive birds are kept;
6. any increased morbidity or mortality or significant drop in production data in holdings is immediately reported to the competent authority, which shall carry out appropriate investigations in accordance with the diagnostic manual;
7. any person entering or leaving holdings observes appropriate biosecurity measures aimed at preventing the spread of avian influenza;
8. records of all persons visiting holdings, except dwellings, are kept by the owner in order to facilitate disease surveillance and control and must be made available upon request by the competent authority. Such records do not have to be kept where the visitors are to holdings such as zoos and wildlife parks where they have no access to the areas where the birds are kept.

Prohibition on the removal or spreading of used litter, manure or slurry from holdings
Article 20
The competent authority shall ensure that the removal or spreading of used litter, manure or slurry from holdings in protection zones are prohibited, unless authorised by it. However, the movement of manure or slurry may be authorised from holdings under biosecurity measures to a designated plant for treatment or for intermediate storage for subsequent treatment to destroy the possible presence of avian influenza viruses in accordance with Regulation (EC) No 1774/2002 or with specific rules which may be adopted in accordance with the procedure referred to in Article 64(2).

Fairs, markets or other gatherings and restocking of game
Article 21
The competent authority shall ensure that fairs, markets, shows or other gatherings of poultry or other captive birds are prohibited in protection zones.
The competent authority shall ensure that poultry or other captive birds for restocking of game are not released in protection zones.

Prohibition on the movement and transport of birds, eggs, poultry meat and carcases
Article 22
1
The competent authority shall ensure that within protection zones, the movement and transport from holdings on to roads, excluding private service roads of holdings, or by rail, of poultry, other captive birds, ready-to-lay poultry, day-old chicks, eggs and carcases are prohibited.
2
The competent authority shall ensure that the transport of poultry meat from slaughterhouses, cutting plants and cold stores is prohibited unless it has been produced:
a
from poultry which has originated from outside the protection zones and has been stored and transported separately from the meat of poultry from within the protection zones; or
b
on a date at least 21 days before the estimated date of earliest infection on a holding in the protection zone and which since production has been stored and transported separately from such meat produced after that date.
3
However, the prohibitions in paragraphs 1 and 2 shall not apply to transit through the protection zone on roads or rail without unloading or stopping.

Derogations for the direct transport of poultry for immediate slaughter and the movement or treatment of poultry meat
Article 23
1
By way of derogation from Article 22, the competent authority may authorise the direct transport of poultry originating from a holding in the protection zone for immediate slaughter to a designated slaughterhouse subject to the following conditions:
a
a clinical examination of the poultry on the holding of origin is carried out by the official veterinarian within 24 hours of being sent for slaughter;
b
where appropriate, laboratory tests have been carried out on poultry on the holding of origin in accordance with the diagnostic manual, with favourable results;
c
the poultry are transported in vehicles sealed by the competent authority or under its supervision;
d
the competent authority responsible for the designated slaughterhouse is informed and agrees to receive the poultry and then confirms the slaughter to the competent authority of dispatch;
e
the poultry from the protection zone are kept separately from other poultry and are slaughtered separately or at different times from other poultry, preferably at the end of a working day; subsequent cleansing and disinfection shall be completed before other poultry are slaughtered;
f
the official veterinarian shall ensure that a detailed examination of the poultry is carried out at the designated slaughterhouse when the poultry arrive and after they are slaughtered;
g
the meat does not enter into intra-Community or international trade and bears the health mark for fresh meat provided for in Annex II to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption , unless otherwise decided in accordance with the procedure referred to in Article 64(3) of this Directive;
h
the meat is obtained, cut, transported and stored separately from meat intended for intra-Community and international trade and is used in such a way as to avoid it being introduced into meat products intended for intra-Community or international trade, unless:
1. it has undergone a treatment set out in Annex III to Directive 2002/99/EC; or
2. it is otherwise decided in accordance with the procedure referred to in Article 64(3).
2
By way of derogation from Article 22, the competent authority may authorise the direct transport of poultry from outside the protection zone for immediate slaughter to a designated slaughterhouse within the protection zone and subsequent movement of the meat derived from such poultry providing that:
a
the competent authority responsible for the designated slaughterhouse is informed and agrees to receive the poultry and then confirms the slaughter to the competent authority of dispatch;
b
the poultry are kept separate from other poultry originating within the protection zone and are slaughtered separately or at different times from other poultry;
c
the poultry meat produced is cut, transported and stored separately from poultry meat obtained from other poultry originating in the protection zone;
d
the by-products are disposed of.

Derogations for the direct transport of day-old chicks
Article 24
1
By way of derogation from Article 22, the competent authority may authorise the direct transport of day-old chicks, originating from holdings within the protection zone to a holding or shed of that holding in the same Member State, preferably located outside the protection and the surveillance zones, subject to the following conditions:
a
they are transported in vehicles sealed by the competent authority or under its supervision;
b
appropriate biosecurity measures are applied during transport and at the holding of destination;
c
the holding of destination is placed under official surveillance following the arrival of the day-old-chicks;
d
if moved outside the protection or surveillance zone, the poultry shall remain on the holding of destination for at least 21 days.
2
By way of derogation from Article 22, the competent authority may authorise the direct transport of day-old chicks, hatched from eggs originating from holdings located outside the protection and surveillance zones, to any other holding in the same Member State, preferably located outside the protection and the surveillance zones, provided that the hatchery of dispatch can ensure by its logistics and by its hygienic working conditions that no contact has occurred between those eggs and any other hatching eggs or day-old chicks originating from poultry flocks within such zones and which are therefore of a different health status.

Derogations for the direct transport of ready to lay poultry
Article 25
By way of derogation from Article 22, the competent authority may authorise the direct transport of ready-to-lay poultry to a holding or shed of that holding preferably within the protection or the surveillance zone in which there is no other poultry, subject to the following conditions:
1. a clinical examination of the poultry and other captive birds in the holding of origin and in particular of those to be moved is carried out by the official veterinarian;
2. where appropriate, laboratory tests have been carried out on poultry in the holding of origin in accordance with the diagnostic manual with favourable results;
3. the ready-to-lay poultry is transported in vehicles sealed by the competent authority or under its supervision;
4. the holding or shed of destination is placed under official surveillance following the arrival of the ready-to-lay poultry;
5. if moved outside the protection or surveillance zone, the poultry shall remain on the holding of destination for at least 21 days.

Derogation for the direct transport of hatching and table eggs
Article 26
1
By way of derogation from Article 22, the competent authority may authorise the direct transport of hatching eggs either from any holding to a hatchery located, in the protection zone and designated by the competent authority (‘the designated hatchery’) or, subject to the following conditions, from a holding located in the protection zone to any designated hatchery:
a
the parent flocks from which the hatching eggs are derived have been examined in accordance with the diagnostic manual and avian influenza is not suspected on these holdings;
b
the hatching eggs and their packaging are disinfected before dispatch and the tracing back of these eggs can be ensured;
c
the hatching eggs are transported in vehicles sealed by the competent authority or under its supervision;
d
biosecurity measures are applied in the designated hatchery in accordance with the instructions of the competent authority.
2
By way of derogation from Article 22, the competent authority may authorise the direct transport of eggs:
a
to a packing centre designated by the competent 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;
b
to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004; or
c
for disposal.

Derogation for the direct transport of carcases
Article 27
By way of derogation from Article 22, the competent authority may authorise the direct transport of carcases provided that they are transported to be disposed of.

Cleansing and disinfecting of means of transport
Article 28
The competent authority shall ensure that the vehicles and equipment used for the transport as provided for in Articles 23 to 27 are cleansed and disinfected without delay by one or more of the procedures set down in Article 48 following the transport.

Duration of measures
Article 29
1
The measures provided for in this Section shall be maintained for at least 21 days following the date of completion of preliminary cleansing and disinfection on the infected holding by one or more of the procedures set down in Article 48 and until holdings located in the protection zone have been tested in accordance with the diagnostic manual.
2
When the measures referred to in this Section are no longer to be maintained, as provided for in paragraph 1 of this Article, the measures laid down in Article 30 shall apply in the former protection zone, until they are no longer to be applied as provided for in Article 31.
OJ L 18, 23.1.2003, p. 11.