
Article 1 
This Decision lays down risk mitigating measures and early detection systems in relation to the risks posed by wild birds for the introduction of the highly pathogenic avian influenza (HPAI) into holdings as well measures to raise awareness among owners of such risks and of the necessity to implement or reinforce biosecurity measures on their holdings.
Article 2 
For the purposes of this Decision, the definitions set out in Article 2 of Directive 2005/94/EC shall apply.
Article 3 
Member States shall identify and review the areas of their territory that are at particular risk for the introduction of HPAI viruses into holdings (hereafter referred to as ‘high risk areas’) as well as the time period for which such risk persists, taking into account the following matters:

((a)) the epidemiological situation on their territory or on the territory of nearby Member States or third countries, in particular with respect to:

((i)) the detection of HPAI viruses in wild birds or in faeces collected from them;
((ii)) outbreaks of HPAI in holdings keeping poultry or other captive birds that are most likely related to the detections of HPAI viruses as referred to in (i);
((iii)) past detections of HPAI viruses as referred to in (i) and (ii) and the risk of reoccurrences;
((b)) the risk factors for the introduction of HPAI viruses into holdings, in particular with respect to:

((i)) their location along migratory flyways of birds, in particular where the birds are coming from central and eastern Asia, the Caspian Sea, the Black Sea areas, the Middle East and Africa;
((ii)) the distance between the holding and wet areas, ponds, swamps, lakes or rivers where migratory birds, in particular those of the orders Anseriformes and Charadriiformes, may gather;
((iii)) the location of holdings in areas with a high density of migratory birds, particularly water birds;
((iv)) poultry kept in open-air holdings, where contact between wild birds and poultry cannot be sufficiently prevented;
((c)) additional risk factors for the spread of HPAI viruses within holdings and between such holdings, in particular, where:

((i)) the location of the holding is in areas with a high density of holdings;
((ii)) the intensity of movements of poultry, vehicles and persons within and from holdings and other direct and indirect contacts between holdings is high;
((d)) risk assessments in relation to the relevance of the spread of HPAI viruses by wild birds carried out by the European Food Safety Authority's (EFSA) and by national and international risk assessment bodies;
((e)) the results of surveillance programmes carried out in accordance with Article 4 of Directive 2005/94/EC.
Article 4 

1. Depending on the specific epidemiological situation on their territory and for the time needed, Member States shall take appropriate and practicable measures to reduce the risk of the transmission of HPAI viruses from wild birds to poultry in high risk areas.
2. The measures referred to in paragraph 1 shall be directed, in particular, at preventing wild birds, and in particular wild migratory water birds, from coming into direct or indirect contact with poultry, and in particular ducks and geese.
3. Member States shall prohibit the following in the high risk areas:
(a) the keeping of poultry in the open air;
(b) the use of outdoor water reservoirs for poultry;
(c) the provision of water to poultry from surface water reservoirs that can be accessed by wild birds;
(d) the storage of feed for poultry that is unprotected from wild birds or other animals.
4. As further risk mitigation measures, Member States shall prohibit:
(a) the gathering of poultry and other captive birds at markets, shows, exhibitions and cultural events;
(b) the use of decoy birds of the orders Anseriformes and Charadriiformes (‘decoy birds’).
5. Member States shall regularly review the measures they have taken pursuant to paragraphs 1 to 4 in order to adjust and adapt them to take account of the epidemiological situation, including the risks posed by wild birds.
Article 5 
Member States shall ensure that the necessary measures are in place to raise awareness of the risks of HPAI among stakeholders active in the poultry sector and to provide them with the most appropriate information on biosecurity measures, in particular the measures to be enforced in high risk areas, by the means best suited to bring such information to their attention.
Article 6 

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.
Article 7 

1. Member States shall introduce or reinforce early detection systems aimed at rapid reporting by the owners to the competent authority of any sign of avian influenza in poultry flocks kept on holdings located in high risk areas.
2. The systems referred to in paragraph 1 shall at least consider a significant drop in feed and water intake and in egg production, the observed mortality rate and any clinical sign or post-mortem lesion suggesting HPAI virus presence taking into account a variation of these parameters in different poultry species and production types.
Article 8 

1. The competent authority shall ensure that increased passive surveillance of wild bird populations and further monitoring for dead or sick birds is carried out in accordance with the guidelines on the implementation of surveillance programmes for avian influenza in wild birds set out in Annex II to Decision 2010/367/EU specifically paying attention to the list of target species for sampling and laboratory testing set out in that Decision and other wild bird species having shown to become infected with HPAI viruses.
2. The competent authority may target sampling and laboratory testing of wild birds on species and geographical areas previously unaffected by HPAI.
Article 9 
Member States shall keep the Commission informed of the measures that they take to comply with this Decision and if any derogations are granted in accordance with Article 6.
Article 10 
Decision 2005/734/EC is repealed.
Article 11 
This Decision shall apply until 30 June 2018.
Article 12 
This Decision is addressed to the Member States.
Done at Brussels, 14 February 2017.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission