2004/159/EC: Commission Decision of 16 February 2004 amending for the second time Decision 2002/975/EC on introducing vaccinations to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures (Text with EEA relevance) (notified under document number C(2004) 393)
Date: 2004-02-16
Institutions: European Commission
Subjects: Italy, animal disease, export restriction, health certificate, health control, poultry, vaccination

20.2.2004

EN

Official Journal of the European Union

L 50/63

COMMISSION DECISION

of 16 February 2004

amending for the second time Decision 2002/975/EC on introducing vaccinations to supplement
the measures to control infections with low pathogenic avian influenza in Italy and on specific
movement control measures

(notified under document number C(2004) 393)

(Text with EEA relevance)

(2004/159/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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(4) thereof,

Having regard to Council Directive 89/662/EEC of 11
December 1989 concerning veterinary checks in intra-Commu-
the internal
nity trade with a view to the completion of
market (3), as
last amended by Regulation (EC) No 806/
2003 (4), and in particular Article 9(4) thereof,

Having regard to Council Directive 92/40/EEC of 19 May 1992
introducing Community measures for the control of avian
influenza (5), as last amended by Regulation (EC) No 806/2003
of 19 May 1992, and in particular Article 16 thereof,

Whereas:

(1)

(2)

In October 2002, Italy reported to the Commission that
infections of low pathogenic avian influenza of subtype
H7N3 had occurred in the regions of Veneto and
Lombardy and that the disease was spreading quickly.

the Italian authorities

took aggressive
Subsequently,
infected flocks to
action including stamping out of
control the propagation of the infection. As a supple-
mentary measure the Italian authorities also requested
approval
for a vaccination programme against avian
influenza for at least 18 months in order to avoid the
further spread of infection.

(4)

(5)

(6)

(7)

The vaccination programme was approved by Commis-
sion Decision 2002/975/EC (6), which laid down the
rules concerning vaccination against avian influenza in
an area described in the Annex. The Decision also
includes specific control measures such as movement
restrictions on live poultry, hatching and table eggs for
intra-Community trade.

Further experience suggests amending the approved
vaccination programme in order to include possible
vaccination of breeding poultry and to modify the vacci-
nation schemes applied to different categories of poultry,
in particular to layers. Restrictions on keeping certain
categories of poultry above a defined age limit should be
reviewed taking into account the favourable epidemiolo-
gical evolution in the prevalence of avian influenza
infections in those populations.

Restrictions on intra-Community trade currently in place
for products sourced from holdings located within a
defined radius around a holding infected with low patho-
genic avian influenza should be reviewed and lifted
subject to certain precautionary measures being imple-
mented.

The ‘discriminatory test’ (iIFA test) approved by Commis-
sion Decision 2001/847/EC (7) for its use in turkeys has
now been further developed and its application in other
poultry species, in particular in chickens, should provide
the necessary animal health guarantees for intra-Com-
munity trade in fresh meat derived from vaccinated
chickens.

The occurrence of avian influenza infections with virus
of low pathogenicity has considerably decreased in the
few months; however it appears appropriate to
last
prolong the vaccination programme for a further six
months protecting the population against a re-introduc-
tion of the infection.

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ L 122, 16.5.2003, p. 1.
(5) OJ L 167, 22.6.1992, p. 1.

(8)

Decision 2002/975/EC should be amended accordingly.

(6) OJ L 337, 13.12.2003, p. 87. Decision as amended by Decision

2003/436/EC (OJ L 149, 17.6.2003, p. 33).

(7) OJ L 315, 1.12.2001, p. 61.

L 50/64

EN

Official Journal of the European Union

20.2.2004

(9)

Furthermore the opportunity should be taken to repeal
Commission Decisions 2000/149/EC (1), 2003/153/
EC (2), 2003/359/EC (3) and 2003/428/EC (4), taken in
relation to outbreaks of highly pathogenic avian influ-
enza that had occurred in Italy in 2000 and in the Neth-
erlands and Belgium in 2003, and which are no longer
applicable.

(10)

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

HAS ADOPTED THIS DECISION:

Article 1

amendments

The
requested by Italy to the vaccination
programme approved by Decision 2002/975/EC concerning in
particular:

(a) the possibility of vaccinating breeding poultry;

(b) the modification of vaccination schemes for different cate-
gories of poultry according to their immune status, in par-
ticular in layers;

(c) the modification of the monitoring programme for poultry

originating from the vaccination area;

(d) the use of an additional heterologous vaccine containing

the strain A/ck/Italy/1067/1999/H7N1;

(e) the prolongation of the life span for certain categories of

poultry; and

2.

(a) In Article 5(1)(c) ‘three kilometres’ is replaced by ‘one

kilometre’.

(b) In Article 5(2) and (3) ‘and chickens’ and ‘and chicken’
are inserted after the words ‘turkeys’ and ‘turkey’ respec-
tively, and instead of ‘turkey meat’ it should read ‘turkey
and chicken meat’.

3.

(a) In Annex II, first paragraph,
after the word ‘turkeys’.

‘and chickens’ is inserted

(b) In Annex II, point 2 is replaced by the following:

‘2. Use of the test for the purpose of dispatching
fresh turkey and chicken meat from the vaccina-
tion area in Italy to other Member States

Meat originating from turkeys and chickens vacci-
nated against avian influenza may be dispatched to
other Member States provided that, where all the
birds are kept in one building, blood samples have
been taken by the official veterinarian within seven
days prior to slaughter from at least 10 vaccinated
turkeys or chickens destined for slaughter. However,
where the poultry are kept in more than one group
or
selected
randomly from all the groups or sheds on the farm
shall be sampled.’

least 20 vaccinated birds

shed, at

Article 3

Decisions 2000/149/EC, 2003/153/EC, 2003/359/EC and
2003/428/EC are repealed.

Article 4

(f) the prolongation of the vaccination programme for six

This Decision is addressed to the Member States.

months (24 months in total),

are hereby approved.

Article 2

Decision 2002/975/EC is amended as follows:

1. Article 3(3) is deleted.

Done at Brussels, 16 February 2004.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 50, 23.2.2000, p. 22.
(2) OJ L 59, 4.3.2003, p. 32.
(3) OJ L 123, 17.5.2003, p. 59.
(4) OJ L 144, 12.6.2003, p. 15.