L 10/16 Official Journal of the European Union 14.1.2006 COUNCIL DIRECTIVE 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, () Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (%), (6) Having regard to the Opinion of the European Economic and Social Committee (%), After consulting the Committee of the Regions, Whereas: ) (1) Avian influenza is a serious, highly contagious disease of poultry and other captive birds caused by different types of influenza viruses. Those viruses may also spread to mammals, in particular pigs, and humans. (2)  Since poultry is covered by live animals listed in Annex I to the Treaty, one of the Community’s tasks in the veterinary field is to improve the health status of (8) poultry, thereby facilitating trade in poultry and poultry products and ensuring the development of this sector. Furthermore, a high level of human health protection is to be ensured when defining and implementing Community policies and activities. (3)  Influenza viruses include a large number of different virus strains. The level of risks posed by the different strains of influenza viruses for animal and public health is very variable and to some extent unpredictable, due to rapid virus mutation and possible re-assortment of the genetic material between different strains. (4 The infection with certain strains of influenza viruses of avian origin may trigger outbreaks in domestic birds of epizootic proportions, causing mortality and disturbances (') Opinion delivered on 1 December 2005 (not yet published in the of poultry on a scale, which can threaten in particular the profitability of poultry farming as a whole. Community measures for the control of avian influenza were established by Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (3), in order to ensure the protection of animal health and contribute to the devel- opment of the poultry sector. The measures laid down in Directive 92/40/EEC should be fundamentally reviewed in the light of recent scientific knowledge on the risks of avian influenza for animal and public health, 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. The new Community measures should also take account of the most recent opinions delivered by the Scientific Committee on Animal Health and Animal Welfare and by the European Food Safety Authority (EFSA) and the changes in the Terrestrial Animal Health Code and the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the International Office of Epizootics (O.LE.) on avian influenza. Certain influenza viruses of avian origin may in some circumstances affect humans and may then pose a serious risk to public health. The provisions of this Directive, which aim at fighting the disease in farmed animals, could indirectly contribute to preventing public health problems. However, it is, at this stage, chiefly for the Member States to tackle such problems. At Community level, the human health risks posed by influenza viruses are primarily dealt with by other actions and legal acts. These concern in particular the European Centre for Disease Prevention and Control (hereinafter referred to as ‘ECDC), established by Regulation (EC) No 851/2004 of the European Parliament and of the Council (*), the recommendations issued by the Commission on Community Influenza pandemic prepa- redness and response planning, the European Union Early Warning and Response System and the estab- lishment of the European Influenza Surveillance Scheme. Official Journal). (%) Opinion delivered on 28 September 2005 (not yet published in the Official Journal). () OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003 Act of Accession. () O] L 142, 30.4.2004, p. 1.