22.6.92 Official Journal of the European Communities No L 167/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, : Héving regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (2), ‘ Having regard to the opinion of the Economic and Social Committee (3), Whereas poultry is listed in Annex II of the Treaty; whereas the marketing of poultry constitutes an important source of revenue for the agricultural population; Whereas, it is necessary to establish at Community level the control measures to be taken in the event of outbreak of the highly pathogenic form of avian influenza, caused by an influenza virus with specific characteristics, and hereinafter termed avian influenza, in order to ensure national development of the poultry sector and contribute to the protection of animal health in the Community; Whereas an outbreak of avian influenza can quickly take on epizootic proportions, causing mortality and disturbances on a scale liable to reduce sharply the profitability of farming or poultry as a whole; Whereas action must be taken as soon as the presence of the disease is suspected so.that immediate and effective control measures can be implemented when its presence is confirmed; Whereas it is necessary to prevent any spread of the disease as soon as an outbreak occurs, by carefully monitoring movements of animals and the use of products liable to be contaminated, and where appropriate, by vaccination; (1) O] No C 231, 5. 9. 1991, p. 4. (2) O] No C 326, 16. 12. 1991, p. 242. (3) O] No C 79, 30. 3. 1992, p. 8. Whereas diagnosis of the disease must be carried out under the auspices of responsible national laboratories, the coordination of which must be ensured by the Community reference laboratory; Whereas common measures for the control of avian influenza form a basis for maintaining a unified standard with relation to animal health; Whereas Article 3 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (*) applies in the event of the occurrence of avian influenza; Whereas it is appropriate to confer upon the Commission the task of taking the necessary applicatory measures, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive defines the Community control measures to be applied in the event of an outbreak of avian influenza in poultry without prejudice to the Community provisions governing intra-Community trade. This Directive shall not apply where avian influenza is detected in other birds; however, in this case, the Member State concerned shall inform the Commission of any measure it takes. ‘ Article 2 For the purpose of this Directive, the definitions given in Article 2 of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing (*) O] No L 224, 18. 8. 1990, p 19. Decision amended by Decision 91/133/EEC (OJ No L 66, 13. 3. 1991, p. 81). .