2003/359/EC: Commission Decision of 16 May 2003 laying down requirements for the prevention of avian influenza in susceptible birds in certain Member States (Text with EEA relevance) (notified under document number C(2003) 1691)
Date: 2003-05-16
Institutions: European Commission
Subjects: EU Member State, animal disease, bird, intra-EU trade, poultry, vaccination, zoo

17.5.2003

EN

Official Journal of the European Union

L 123/59

COMMISSION DECISION

of 16 May 2003

laying down requirements for the prevention of avian influenza in susceptible birds in certain
Member States

(notified under document number C(2003) 1691)

(Text with EEA relevance)

(2003/359/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)

(3)

(4)

Council Directive 92/40/EEC of 19 May 1992 introdu-
cing Community measures for the control of avian influ-
enza (3), as amended by the Act of Accession of Austria,
Finland and Sweden, sets out
the minimum control
measures to be applied in the event of an outbreak of
avian influenza in poultry, without prejudice to Commu-
nity provisions governing intra-Community trade.

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
imports of
semen, ova and embryos
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,

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
zoo.

Since 28 February 2003, the Netherlands has declared
several outbreaks of avian influenza. Several outbreaks
have also been declared since 16 April 2003 by Belgium.
On 9 May 2003, the veterinary authorities of Germany

(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.

informed the Commission about a strong suspicion,
which was confirmed on 13 May 2003, of avian influ-
enza in a poultry flock in the Land of North Rhine-West-
phalen.

In order to avoid the spread of the infection and after
evaluation of the epidemiological situation, the preven-
tive culling of poultry at risk may be appropriate and
decided by the competent authorities of the Member
States concerned.

The Member States concerned took immediate action as
provided for by Council Directive 92/40/EEC before the
disease was officially confirmed.

For the sake of clarity and transparency, the Commis-
the
sion, after consultation with the authorities of
concerned Member States, has taken several Decisions
reinforcing the measures taken by the Member States.

On basis of Decision 2003/214/EC of 27 March 2003
concerning protective measures in relation to avian
influenza in the Netherlands (7), of Decision 2003/275/
EC of 16 April 2003 concerning protection measures in
relation to a strong suspicion of avian influenza in
Belgium (8), and of Decision 2003/333/EC of 12 May
2003 concerning protection measures in relation to a
strong suspicion of avian influenza in Germany (9),
respectively, the Dutch, the Belgian and German authori-
ties have started preventive emptying and culling of
poultry in holdings and areas at risk, in order to avoid
further spreading of the virus.

Directive 92/40/EEC 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.

In order to protect rare poultry breeds and birds threa-
tened with extinction, and to conserve bio-diversity, the
Member States concerned may decide to carry out an
emergency vaccination against avian influenza of these
susceptible birds.

(5)

(6)

(7)

(8)

(9)

(10)

(7) OJ L 81, 28.3.2003, p. 48.
(8) OJ L 99, 17.4.2003, p. 57.
(9) OJ L 116, 13.5.2003, p. 28.

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Official Journal of the European Union

17.5.2003

(11)

(12)

(13)

(14)

(15)

(16)

To this end and in the light of the evolution of the avian
influenza situation in the Netherlands and Belgium,
Commission Decision 2003/291/EC 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 (1), was adopted, estab-
lishing the measures applicable in case the Member
States concerned decide to carry out an emergency
vaccination against avian influenza of susceptible birds.

The emergency vaccination, even though limited to
special categories of animals not primarily concerned by
trade, may contribute to jeopardising the avian influenza
status in terms of international trade, not only for the
Member State nor for the part of its territory where
vaccination is carried out.

Therefore special requirements should be laid down
regarding trade of the vaccinated birds, and it is appro-
priate to provide that essential information concerning
the emergency vaccination should be specified in a
programme to be submitted by the Member States
concerned to the Commission and the other Member
States.

The requirements in this Decision should apply to zoos
as defined in Directive 1999/22/EC and also to other
bodies, which may keep rare susceptible birds.

For the sake of clarity, it is appropriate to repeal Deci-
sion 2003/291/EC and to replace it by this Decision.

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,

— ‘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, kept in a zoo or an approved body, institute or
centre.

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

The competent veterinary authority of the Member States, listed
in Annex I, may decide to apply emergency vaccination in zoos
or approved bodies, institutes or centres against avian influenza
to susceptible birds, that are considered to be at risk from the
disease, on their territory in the areas set out in Annex II, and
in accordance with the requirements set out in the Annex III to
this Decision.

Article 4

The Member States concerned shall present officially in the
Standing Committee on the Food Chain and Animal Health, a
programme on the emergency vaccination against avian influ-
enza, as referred to in Article 3, to the other Member States
and the Commission. The programme shall at least comprise
detailed information on:

— the exact address and location of the zoos and approved
bodies, institutes or centres where the vaccination 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

Member States listed in Annex I shall
implement national
measures in compliance with this Decision and shall inform
immediately the Commission thereof.

Article 6

Decision 2003/291/EC is repealed. References made to the
repealed Decision shall be construed as being made to this
Decision.

This Decision is addressed to the Member States.

Article 7

Article 2

Done at Brussels, 16 May 2003.

The competent veterinary authorities of the Member States
listed in Annex I, shall ensure that stringent bio-security
measures are taken in zoos and approved bodies, institutes or
centres, where susceptible birds are kept, in order to avoid risky

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 105, 26.4.2003, p. 34.

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Official Journal of the European Union

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— Belgium

— Germany

— the Netherlands

ANNEX I

ANNEX II

— The whole territory of Belgium

— In Germany, the territory in the Land of North Rhine-Westphalen, delimited in the east by the Rhine and in the west

by the borders with the Netherlands, Belgium and the Land of Rhineland-Palatinate

— The whole territory of the Netherlands

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Official Journal of the European Union

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ANNEX III

REQUIREMENTS FOR THE USE OF EMERGENCY VACCINATION IN THE CONTROL AND ERADICATION
OF AVIAN INFLUENZA

1.

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

an approved body institute or centre.

2.

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 shall be vaccinated as quickly as possible. In
any case each vaccination shall be completed within 96 hours.

4.

Specific standstill of vaccinated animals
and products of vaccinated animals

5.

Special identification and special registra-
tion of the vaccinated animals

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

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 programme

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 the virus. Any residual quantities
of vaccine shall be returned to the point of vaccine distribution with a
written record on the 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 type of virus 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 the Standing Committee on the
Food Chain and Animal Health.