S.L. 437.93 Art. 47Derogations.

(1) Where LPAI is confirmed in a hatchery, the competent authority may, based on a risk assessment, derogate from some or all of the measures provided for in rules 44 and 45.

(2) The competent authority may grant derogations from the measures provided for in this Section in cases of an outbreak of LPAI in a non-commercial holding, a circus, a zoo, a pet bird shop, a wild life park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds, provided that such derogations do not endanger disease control.

(3) In granting the derogation provided for in sub-rules (1) and

(2) Malta shall immediately inform the Commission thereof.

(4) The Commission shall review the situation with Malta and in the Committee as soon as possible.

(5) Taking account of any derogation granted, as provided for in sub-rules (1) and (2), measures to prevent the spread of avian influenza may be adopted in accordance with the procedure referred to in rule 65(3). CHAPTER VI

MEASURES AIMED AT AVOIDING THE SPREAD OF INFLUENZA VIRUSES OF AVIAN ORIGIN TO OTHER SPECIES