Avian Influenza is a serious, highly contagious disease of poultry and other birds caused by different types of viruses included in the very large virus family called Influenzaviridae. Avian influenza viruses may also spread to mammals, including humans, usually following direct contact with infected birds. Current knowledge indicates that the health risks posed by the so-called low pathogenic avian influenza (LPAI) viruses - are inferior to the one posed by highly pathogenic avian influenza (HPAI) viruses, which originate from a mutation of certain LPAI viruses.

Community measures for the control of avian influenza caused by HPAI viruses were established by Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza2, in order to protect animal health and contribute to the development of the poultry sector.

The measures laid down in Directive 92/40/EEC have been fundamentally reviewed in the light of recent scientific knowledge on the risks of avian influenza for animal and public health, the development of new laboratory tests and vaccines and the lessons learnt during recent outbreaks of this disease in the Community as well as in third countries. Taking into account that review, Directive 92/40/EEC was repealed and replaced by Directive 2005/94/EC. Under Directive 2005/94/EC Member States have until 1 July 2007 to transpose its provisions into national law.

Due to the current worldwide situation in relation to avian influenza, it is necessary to lay down transitional measures to be applied on holdings where outbreaks of avian influenza caused by HPAI viruses are suspected or confirmed in poultry or other captive birds, pending the transposition of Directive 2005/94/EC by the Member States.

The transitional measures provided for in this Decision should enable the Member States to adopt disease control measures in a proportionate and flexible manner, taking into account the various levels of risk posed by the different virus strains, the likely social and economic impact of the measures in question on the agriculture sector and other sectors involved, while at the same time ensuring that the measures taken for each specific scenario are the most appropriate.

In the interests of consistency and clarity of Community legislation, the transitional measures to be provided for in this Decision should take account of the disease control measures provided for in Directive 2005/94/EC and the definitions laid down in that Directive apply to this Decision.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,