2003/291/EC: Commission Decision of 25 April 2003 laying down the requirements for the prevention of avian influenza in susceptible birds kept in zoos in Belgium and the Netherlands (Text with EEA relevance) (notified under document number C(2003) 1439)
Date: 2003-04-25
Institutions: European Commission
Subjects: Belgium, Netherlands, animal disease, bird, health control, health legislation, vaccination, zoo

L 105/34

EN

Official Journal of the European Union

26.4.2003

COMMISSION DECISION

of 25 April 2003

laying down the requirements for the prevention of avian influenza in susceptible birds kept in
zoos in Belgium and the Netherlands

(notified under document number C(2003) 1439)

(Only the French and Dutch texts are authentic)

(Text with EEA relevance)

(2003/291/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having 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 (1), as last
amended by Directive 2002/33/EC of the European Parliament
and of the Council (2), and in particular Article 10 thereof,

Whereas:

(1)

(2)

Council Directive 92/40/EEC (3) sets out the minimum
control measures to be applied in the event of an
outbreak of avian influenza in poultry, without prejudice
to Community provisions governing intra-Community
trade. This Directive does not apply where avian influ-
enza is detected in other birds. However, in this case, the
Member State concerned must inform the Commission
of any measure it takes.

Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in
and imports into the Community of animals, semen, ova
and embryos not subject to animal health requirements
laid down in specific Community rules referred to in
Annex A(I) to Directive 90/425/EEC (4), as last amended
by Commission Regulation (EC) No 1282/2002 (5), and
in particular Article 3 thereof, provides that trade in and
semen, ova and embryos
imports of
concerned must not be prohibited or restricted for
animal health reasons, other than those arising from the
application of Community legislation, and in particular
any safeguard measures taken.

the animals,

(3)

Council Directive 1999/22/EC of 29 March 1999
relating to the keeping of wild animals in zoos (6), and in
particular Article 2 thereof sets out the definition of a

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 167, 22.6.1992, p. 1.
(4) OJ L 268, 14.9.1992, p. 52.
(5) OJ L 187, 16.7.2002, p. 3.
(6) OJ L 94, 9.4.1999, p. 24.

zoo. This definition should however be complemented
with regard to trade for the purpose of the present Deci-
sion.

Since 28 February 2003 the Netherlands have declared
several outbreaks of highly pathogenic avian influenza in
poultry.

The Netherlands took immediate action as provided for
by Directive
92/40/EEC introducing Community
measures for the control of avian influenza, as amended
by the Act of Accession of Austria, Finland and Sweden,
before the disease was officially confirmed.

For the sake of clarity and transparency the Commission
after consultation with the Dutch authorities, thereby
reinforcing the measures taken by the Netherlands, has
taken Decision 2003/153/EC (7) of 3 March 2003
concerning protection measures in relation to strong
suspicion of avian influenza in the Netherlands.

Subsequently Decision 2003/156/EC (8), Decision 2003/
172/EC (9), Decision 2003/186/EC (10)
and Decision
2003/191/EC (11), Decision 2003/214/EC (12), Decision
2003/258/EC (13) and Decision 2003/290/EC (14) were
adopted after consultation with the Dutch authorities
and evaluation of the situation with all Member States.

On basis of Decision 2003/214/EC the Dutch authorities
started preventive emptying and culling of poultry in
in order to avoid further
holdings and areas at risk,
spreading of the virus.

On 16 April 2003 the veterinary authorities of Belgium
have informed the Commission about a strong suspicion
of avian influenza in the province of Limburg, which
was subsequently officially confirmed.

(4)

(5)

(6)

(7)

(8)

(9)

(7) OJ L 59, 4.3.2003, p. 32.
(8) OJ L 64, 7.3.2003, p. 36.
(9) OJ L 69, 13.3.2003, p. 27.
(10) OJ L 71, 15.3.2003, p. 30.
(11) OJ L 74, 20.3.2003, p. 30.
(12) OJ L 81, 28.3.2003, p. 48.
(13) OJ L 95, 11.4.2003, p. 65.
(14) See page 28 of this Official Journal.

26.4.2003

EN

Official Journal of the European Union

L 105/35

Article 2

The competent veterinary authority of Belgium and the Nether-
lands shall ensure that stringent bio-security measures are taken
in zoos where birds susceptible to avian influenza are kept, in
order to avoid risky contacts that may cause the introduction
and spread of avian influenza. These measures shall aim in
particular at avoiding risky contacts with the public and with
poultry holdings.

Article 3

Belgium and the Netherlands may decide to apply emergency
vaccination against avian influenza to susceptible birds kept in
zoos, which are considered to be at risk from the disease, in
accordance with the requirements set out in the Annex to this
Decision.

Article 4

Belgium and the Netherlands shall officially present
in the
Standing Committee on the Food Chain and Animal Health a
programme on the vaccination of susceptible birds kept in zoos
against avian influenza to other Member States and the
Commission. The programme shall at least comprise detailed
information on:

— the exact address and location of the zoos where the vacci-

nation is to be carried out,

— the specific identification and number of susceptible birds,

— the individual identification of the birds to be vaccinated,

— the type of vaccine to be used, the vaccination scheme and

the timing of the vaccination,

— the motivation of the decision to implement the measures,

— the timetable of the vaccinations to be carried out.

Article 5

Belgium and the Netherlands shall apply the measures in
compliance with this Decision and immediately inform the
Commission thereof.

Article 6

This Decision is addressed to the Kingdom of Belgium and to
the Kingdom of the Netherlands.

Done at Brussels, 25 April 2003.

For the Commission

David BYRNE

Member of the Commission

(10)

(11)

The Belgian authorities have immediately, before the
official confirmation of the disease,
implemented the
measures foreseen in Directive 92/40/EEC introducing
Community measures for the control of avian influenza
while further confirmatory diagnostic procedures were
carried out.

For the sake of clarity and transparency the Commission
after consultation with the Belgian authorities, thereby
reinforcing the measures taken by Belgium, has taken
Decision
protection
measures in relation to strong suspicion of avian influ-
enza in Belgium.

2003/275/EC (1)

concerning

(12)

Subsequently Decision 2003/289/EC (2) was adopted
after consultation with the Belgian authorities and
evaluation of the situation with all Member States.

(13) On basis of Decision 2003/275/EC the Belgian authori-
ties started preventive emptying and culling of poultry in
in order to avoid further
holdings and areas at risk,
spreading of the virus.

(14)

(15)

(16)

In order to protect wild fauna and to conserve bio-diver-
sity, Belgium and the Netherlands however may decide
to carry out an emergency vaccination against avian
influenza of susceptible birds in zoos.

It is appropriate to provide that essential
information
concerning the emergency vaccination should be speci-
fied in a programme to be submitted by Belgium and
the Netherlands
to the Commission and the other
Member States.

The emergency vaccination, even though limited to
special categories of animals not primarily concerned by
trade, may contribute to jeopardise the avian influenza
status in terms of international trade, not only for the
Member State or part of its territory where vaccination
is carried out. Therefore the vaccinated birds should not
be traded.

(17)

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

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision the following definitions shall
apply:

— ‘Zoo’: an establishment as referred to in Article 2 of Council
Directive 1999/22/EC and, with regard to trade, an
‘approved body, institute or centre’ as referred to in Article
2(1)(c) of Council Directive 92/65/EEC,

— ‘Susceptible bird’: any bird species likely susceptible to avian
influenza and not intended for the production of animal
products.

(1) OJ L 99, 17.4.2003, p. 57.
(2) See page 24 of this Official Journal.

L 105/36

EN

Official Journal of the European Union

26.4.2003

ANNEX

Requirements for the use of emergency vaccination in the control and eradication of avian influenza

1.

2.

Extent of the vaccination to be carried out The vaccination shall only take place on susceptible birds in a zoo.

Species of the animals to be vaccinated

A list of all the birds to be vaccinated together with the individual
identification shall be laid down and kept for at least 10 years.

3. Duration of the vaccination

All birds to be vaccinated in a zoo shall be vaccinated as quickly as
possible. In any case each vaccination in a zoo shall be completed
within 96 hours.

4.

Specific standstill of vaccinated animals
and products of vaccinated animals

Vaccinated animals shall not be traded or moved unless under official
supervision between zoos in the same Member State, or after specific
authorisation of another Member State.

5.

Special identification and special registra-
tion of the vaccinated animals

Animal products from such animals shall not enter the food chain

Vaccinated animals must be individually identifiable and the identity
records of these animals must be clearly annotated accordingly. An
indelible identification indicating the animals that have been vacci-
nated shall be applied at the time of vaccination wherever possible.

6. Other matters appropriate to the emergency vaccination

6.1. Execution of the vaccination campaign

6.2. Vaccine to be used

6.3. Information on implementation of
programme to the Commission

this

Vaccination shall be carried out under the supervision of an official
veterinarian of the competent authorities. Necessary measures must be
in place to avoid possible spread of virus. Any residual quantities of
vaccine shall be returned to the point of vaccine distribution with a
written record on number of animals vaccinated and the number of
doses used.

Wherever possible blood samples shall be taken prior to and at least
30 days after vaccination for serological testing for avian influenza. A
record of the test results must be kept for at least 10 years.

The inactivated vaccine to be used shall be suitably formulated and be
effective against the virus type circulating. It shall be used in accor-
dance with the instructions of the manufacturer and/or the veterinary
authorities.

A detailed report on the execution of the programme including results
of testing carried out shall be provided to the Commission and the
Member States in the framework of a Standing Committee on the
Food Chain and Animal Health.