
Article 1 
Decision 2006/115/EC is amended as follows:

1.. the following paragraph is added to Article 2:
'
5. The measures laid down in this Decision shall be applied without prejudice to the measures to be applied in the event of an outbreak of avian influenza in poultry taken in accordance with Directive 92/40/EEC or, where applicable, to more stringent Community protective measures in relation to highly pathogenic avian influenza in poultry caused by an influenza virus of the type H5N1.';
2.. the second paragraph of Article 5 is replaced by the following:
'If the presence of a highly pathogenic influenza A virus, in particular of the subtype H5N1, is confirmed in wild birds, the measures provided for in Articles 3 and 4 shall apply for as long as is necessary having regard to the geographical, administrative, ecological and epizootiological factors relating to avian influenza and for at least 21 in the case of the protection zone and 30 days in the case of the surveillance zone after the date of collection from wild birds of the samples on which a highly pathogenic H5 avian influenza virus was confirmed.';
3.. Article 6(1) is replaced by the following:
'
1. By way of derogation from Article 3(2)(a), the affected Member State may authorise the transport of
(a) poultry and farmed feathered game to holdings under official control situated either in the protection or in the surveillance zone;
(b) ready-to-lay pullets to holdings under official control in the same Member State and the poultry shall remain on the holding of destination for 21 days following the arrival of those pullets.';
4.. Article 6(2)(b) is replaced by the following:
'
((b)) day-old chicks from the protection zone to holdings under official control on its territory provided, that either on the holding of destination there are no other poultry or captive birds, except pet birds referred to in Article 1(2)(c)(i), which are kept separated from poultry, or the transport is carried out under the conditions described in Article 24(1)(a) and (b) of Directive 2005/94/EC and the poultry shall remain on the holding of destination for 21 days following the arrival of those chicks;'
5.. the following is added to Article 7(1):
'
((c)) the dispatch of hatching eggs or SPF-eggs from the protection zone to designated laboratories or institutes for scientific, diagnostic or pharmaceutical uses.';
6.. the following is added to Article 8(1):
'
((g)) fresh meat from poultry or farmed feathered game, minced meat and meat preparations and mechanically separated meat containing such meat, obtained from slaughter poultry or farmed feathered game originating in or outside that zone to the remaining part of its national territory, if such meat:

((i)) was, in accordance with Article 4 of Directive 2002/99/EC, identified either with the mark provided for in Annex II to Directive 2002/99/EC or the national mark established in accordance with Article 4 of Regulation (EC) No 2076/2005;
((ii)) was obtained, cut, stored and transported separately from other fresh meat from poultry or farmed feathered game destined for dispatch to other Member States or for exports to third countries; and
((iii)) is used in such a way as to avoid it being introduced into meat products or meat preparations intended for placing on the market in other Member States or for export to third countries, unless it has undergone the treatment as required for avian influenza specified in table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC.'
7.. Article 8(2) is deleted.
8.. Article 9(1)(a) is replaced by the following:
'
((a)) animal by-products which

((i)) comply with the conditions set out in Chapters II(A), III(B), IV(A), VI(A and B), VII(A), VIII(A), IX(A) and X(A) of Annex VII, and Chapter II(B) and Chapter III Title (II)(A) of Annex VIII to Regulation (EC) No 1774/2002; or
((ii)) are transported under bio-secure conditions to designated processing plants approved in accordance with Chapter III or Chapter IV of Regulation (EC) No 1774/2002 for treatment to ensure at least the inactivation of the avian influenza virus; or
((iii)) are transported under bio-secure conditions for processing into feed for animals in accordance with the derogation provided for in Article 23(2)(c) of Regulation (EC) No 1774/2002.'
Article 2 
Member States shall immediately adopt and publish the measures necessary to comply with this Decision. They shall immediately inform the Commission thereof.
Article 3 
This Decision is addressed to the Member States.
Done at Brussels, 7 April 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission