
Article 1 
Decision 2005/734/EC is amended as follows:

1.. Article 2a is replaced by the following:
'
Article 2a 

1. Member States shall ensure that the following activities are prohibited in the areas of their territory that they have identified as being particularly at risk for the introduction of avian influenza, in accordance with Article 1(1):
(a) the keeping of poultry in the open air, without undue delay;
(b) the use of outdoor water reservoirs for poultry;
(c) the provision of water to poultry from surface water reservoirs accessed by wild birds;
(d) the use of birds of the orders Anseriformes and Charadriiformes as decoy birds (decoy birds) during bird-hunting.
2. Member States shall ensure that the bringingtogether of poultry and other birds at markets, shows, exhibitions and cultural events, including point-to-point races of birds, is prohibited.'
2.. The following Articles 2b and 2c are inserted:
'
Article 2b 

1. By way of derogation from Article 2a(1), the competent authority may authorise the following activities:
(a) the keeping of poultry in the open air, provided the poultry are supplied with feed and water indoors or under a shelter which sufficiently discourages the landing of wild birds and thereby prevents contact by wild birds with the feed or water intended for the poultry;
(b) the use of outdoor water reservoirs if they are required for animal welfare reasons for certain poultry and are sufficiently screened against wild waterfowl;
(c) the provision of water from surface water accessed by wild waterfowl after treatment that would ensure inactivation of the possible avian influenza virus;
(d) the use of decoy birds during bird-hunting:
((i)) by decoy bird holders registered with the competent authority, under the strict supervision of the competent authority for the attraction of wild birds intended for sampling pursuant to the Member States’ programmes for avian influenza surveys in poultry and wild birds as provided for in Decision 2005/732/EC; or
((ii)) in accordance with appropriate biosecurity measures, which include:

— identification of the individual decoy birds by a ringing system,
— implementation of a specific surveillance system for decoy birds,
— the recording and reporting of the health status of decoy birds and laboratory testing for avian influenza in the case of deaths of such birds and at the end of the bird-hunting season,
— strict separation between decoy birds and domestic poultry and other captive birds circuit,
— cleansing and disinfection of the means of transport and equipment used for the transport of decoy birds and for trips in the areas where decoy birds are placed,
— restrictions and control of movements of decoy birds, in particular to prevent contacts with different open waters,
— the development and implementation of “guidelines of good biosecurity practises” detailing the measures provided for in the first to sixth indents,
— implementation of a reporting system on the data obtained from the measures referred to in the first, second, and third indents.
2. By way of derogation from Article 2a(2), the competent authority may authorise the gatherings of poultry and other captive birds.
Article 2c 

1. Member States shall ensure that authorisations in accordance with Article 2b are only granted following the favourable outcome of a risk assessment and provided that biosecurity measures are in place to avoid possible spread of avian influenza.
2. Before authorising the use of decoy birds in accordance with Article 2b(1)(d)(ii), the Member State concerned shall submit a risk assessment to the Commission accompanied by information on the biosecurity measures that are to be put in place to ensure proper implementation of that Article.
3. Member States that grant derogations in accordance with Article 2(b)(1)(d)(ii) shall submit a monthly report to the Commission on the biosecurity measures adopted.'
Article 2 
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
Article 3 
This Decision is addressed to the Member States.
Done at Brussels, 18 August 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission