{
  "url": "https://openlegislation.uk/eu-decision-2010-367/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2010-367/introduction.json",
  "legislation": "eudn/2010/367",
  "legislation_title": "Commission Decision of 25 June 2010 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds (notified under document C(2010) 4190) (Text with EEA relevance) (2010/367/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2010-367",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 25 June 2010\non the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds\n(notified under document C(2010) 4190)\n(Text with EEA relevance)\n(2010/367/EU)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, and in particular Article 10(4) thereof,\nHaving regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC and in particular Article 4(2) thereof,\nWhereas:\n(1)\nAvian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.\n(2)\nDirective 2005/94/EC sets out measures for the control of outbreaks, in poultry and other captive birds, of highly pathogenic avian influenza (HPAI) and low pathogenic avian influenza caused by avian influenza viruses of the H5 and H7 subtypes (LPAI), as defined in that Directive. Directive 2005/94/EC also provides for certain preventive measures relating to the surveillance and the early detection of avian influenza viruses.\n(3)\nDirective 2005/94/EC provides that compulsory surveillance programmes are to be implemented by the Member States. Those surveillance programmes aim at identifying the circulation of LPAI viruses in poultry, in particular in waterfowl poultry species, before they become widespread in the poultry population, so that control measures can be taken to possibly prevent a mutation into a HPAI virus which might have devastating consequences.\n(4)\nDirective 2005/94/EC also provides for surveillance programmes to be carried out in wild birds in order to contribute, on the basis of a regularly updated risk assessment, to the current knowledge on the threats posed by wild birds in relation to any influenza virus of avian origin in birds.\n(5)\nCommission Decision 2007/268/EC of 13 April 2007 on the implementation of surveillance programmes for avian influenza in poultry and wild birds to be carried out in the Member States and amending Decision 2004/450/EC was adopted in order to lay down guidelines for the implementation of such surveillance programmes.\n(6)\nSince the date of adoption of that Decision, the experience gained in the Member States in carrying out surveillance programmes and advances in scientific knowledge and research conclusions, indicate that certain poultry species and poultry production categories are at a higher risk of becoming infected with avian influenza viruses than others, also taking into account the location of the holding and other risk factors.\n(7)\nThe threat of the introduction of the HPAI virus of the H5N1 subtype from South East Asia to Europe by its westward spread during 2005 has prompted the adoption of additional measures for preparedness and early detection of that virus type in poultry and wild birds.\n(8)\nCommission Decision 2005/731/EC of 17 October 2005 laying down additional requirements for the surveillance of avian influenza in wild birds requires that Member States arrange for the notification to the competent authorities of any abnormal mortality or significant disease outbreaks occurring in wild birds and in particular wild water birds. Sampling and laboratory testing for avian influenza virus must also be carried out.\n(9)\nIt is appropriate to include the requirements laid down in Decision 2005/731/EC in the present Decision.\n(10)\nFrom 2006 to 2009, more than 350 000 wild birds have been sampled and tested for avian influenza. On average, surveillance in Member States was carried out by sampling 75 % of live birds and 25 % of sick or dead birds.\n(11)\nMore than 1 000 birds found dead or sick have tested positive for HPAI of the H5N1 subtype, while only about five birds sampled as healthy live birds tested positive for that virus during that 4-year period. LPAI subtypes were almost exclusively isolated from samples taken from live birds.\n(12)\nThe conclusions drawn up in the annual reports on avian influenza surveillance in the Union compiled by the EU Reference Laboratory (EURL) for avian influenza, the scientific opinions of the European Food Safety Authority (EFSA),, and the work of the recently established Task Force on Animal Disease Surveillance (TFADS) have highlighted that certain amendments to the current surveillance strategy in poultry and wild birds should be introduced to further foster a risk-based approach which is deemed the most suitable surveillance strategy to inform competent authorities for disease prevention and control purposes aimed at protecting poultry and other captive bird holdings.\n(13)\nRisk-based surveillance should complement early detection systems for avian influenza infection in poultry, such as those already provided for in Article 2 of Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk and in Chapter II(2) of the Annex to Commission Decision 2006/437/EC of 4 August 2006 approving a Diagnostic Manual for avian influenza as provided for in Council Directive 2005/94/EC.\n(14)\nThe guidelines for surveillance for avian influenza in poultry and wild birds laid down in Decision 2007/268/EC should therefore be reviewed in the light of experience and scientific insight gained and replaced by the guidelines laid down in this Decision.\n(15)\nIn the interests of consistency of Union legislation, sampling and laboratory testing should be carried out in accordance with the procedures laid down in Decision 2006/437/EC, unless stated otherwise.\n(16)\nIn the interests of consistency of Union legislation, when implementing surveillance programmes in wild birds, full regard should be paid to the requirements of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds in particular as regards the surveillance design and sampling procedures described in Sections 2 and 3 of Part 1 of Annex II to this Decision.\n(17)\nDecisions 2005/731/EC and 2007/268/EC should be repealed.\n(18)\nThe measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 224, 18.8.1990, p. 29."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 10, 14.1.2006, p. 16."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 115, 3.5.2007, p. 3."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 274, 20.10.2005, p. 93."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "European Commission website: http://ec.europa.eu/food/animal/diseases/controlmeasures/avian/eu_resp_surveillance_en.htm"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "The EFSA Journal (2005) 266, 1-21; Scientific Opinion on Animal health and welfare aspects of Avian Influenza."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "The EFSA Journal (2008) 715, 1-161, Scientific Opinion on Animal health and welfare aspects of avian influenza and the risks of its introduction into the EU poultry holdings."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "The EFSA Journal (2006) 357, 1-46, Opinion on Migratory birds and their possible role in the spread of highly pathogenic Avian Influenza."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "OJ L 274, 20.10.2005, p. 105."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "OJ L 237, 31.8.2006, p. 1."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "OJ L 20, 26.1.2010, p. 7."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2010/367/introduction",
    "retrieved_at": "2026-11-01T15:16:05.349502+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}