2005/744/EC: Commission Decision of 21 October 2005 laying down the requirements for the prevention of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States (notified under document number C(2005) 4197)   (Text with EEA relevance)
Date: 2005-10-21
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, infectious disease, poultry, vaccination, zoo

22.10.2005

EN

Official Journal of the European Union

L 279/75

COMMISSION DECISION

of 21 October 2005

laying down the requirements for the prevention of highly pathogenic avian influenza caused by
influenza A virus of subtype H5N1 in susceptible birds kept in zoos in the Member States

(notified under document number C(2005) 4197)

(Text with EEA relevance)

(2005/744/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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), and in
particular Article 10(4) thereof,

Whereas:

(1)

(2)

(3)

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
serious
to animal and public health and to
reduce sharply the profitability of poultry farming.

threat

the

sets out

control measures

Council Directive 92/40/EEC of 19 May 1992 intro-
ducing Community measures for the control of avian
influenza (2)
to be
applied in the event of an outbreak of avian influenza
to the Community
in poultry, without prejudice
provisions
trade. That
governing
Directive does not apply where avian influenza is
detected in other birds but
in such
inform the
cases,
Commission of any measure it takes.

the Member State concerned must

intra-Community

it provides that

and embryos not

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
to animal health
requirements laid down in specific Community rules
referred to in Annex A(I) to Directive 90/425/EEC (3),
and in particular Article 3 thereof, provides that trade
and
in and imports of

semen, ova

animals,

subject

the

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).

(2) OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003

Act of Accession.

(3) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive

2004/68/EC (OJ L 139, 30.4.2004, p. 320).

any

legislation,

application of Community

embryos concerned must not be prohibited or restricted
for animal health reasons, other than those arising from
and in
the
particular
taken. Council
safeguard measures
Directive 1999/22/EC of 29 March 1999 relating to
the keeping of wild animals in zoos (4), defines zoos
which are covered by that Directive. That definition of
zoos should be taken into account for the purposes of
this Decision. However,
that definition needs to be
supplemented with regard to trade for the purpose of
the present Decision.

(4)

(5)

(6)

(7)

Highly pathogenic avian influenza caused by influenza A
virus of subtype H5N1 has been recently confirmed in
Turkey, Romania, Russia, west of the Ural mountains.
Circumstantial evidence and molecular epidemiology
data strongly suggest that the avian influenza virus has
spread into those countries proceeding from central Asia
via migratory birds. This is also suggested by the report
of a recent mission to Russia carried out by the World
Organization for Animal Health (OIE), that was published
on 14 October 2005.

adopted several Decisions,

In relation to the risk of
the introduction of highly
pathogenic avian influenza caused by influenza A virus
of subtype H5N1 into the Community, the Commission
including Decision
has
2005/734/EC of 19 October 2005 laying down biose-
curity measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by influenza
virus A subtype H5N1 from birds living in the wild to
poultry and other captive birds and providing for an
early detection system in areas at particular risk (5).

It is appropriate to lay down at Community level bio-
security measures for the prevention of highly pathogenic
avian influenza caused by influenza A virus of subtype
H5N1 in susceptible birds kept in zoos in the Member
State to protect wild fauna and to conserve bio-diversity.

Vaccination of susceptible birds kept in zoos could be an
additional preventative measure, under
appropriate
certain circumstances.

(4) OJ L 94, 9.4.1999, p. 24.
(5) OJ L 274, 20.10.2005, p. 105. Decision as amended by Decision

2005/745/EC (see page 79 of this Official Journal).

L 279/76

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Official Journal of the European Union

22.10.2005

(8)

(9)

(10)

is

therefore

also appropriate

to lay down at
It
Community level the essential requirements concerning
vaccination of birds kept in zoos that the Member States
should follow, if they consider it appropriate to vaccine
such birds.

The 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
territory where vaccination is
carried out. Therefore the vaccinated birds should not
be traded unless certain requirements are met. The
Member States should inform the Commission by 30
taken to ensure
November 2005 of
proper implementation of this Decision.

the measures

its

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

‘avian influenza’)

This Decision lays down rules to reduce the spread of avian
influenza caused by influenza A virus of subtype H5N1 (here-
inafter
from birds living in the wild to
susceptible birds in zoos. Depending on the specific epidemio-
logical situation, those rules shall be directed, in particular, at
preventing direct and indirect contact between birds living in
the wild, especially waterfowl, with the susceptible birds in
zoos.

Article 2

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

(a)

‘Zoo’ means:

(i) all permanent establishments where animals of wild
species are kept for exhibition to the public for seven
or more days a year, with the exception of circuses, pet
shops and establishments which Member States exempt
from the requirements of this Decision on the grounds
that they do not exhibit a significant number of animals
or species to the public and that the exemption will not
jeopardise the objectives of this Decision; and

(ii) an ‘approved body,

institute or centre’ as defined in

point (c) of Article 2(1) of Directive 92/65/EEC;

(b) ‘Susceptible bird’ means any bird species
susceptible to avian influenza and not
production of animal products.

likely to be
intended for the

Article 3

Member States shall take appropriate and practicable measures
to reduce the risk of transmission of avian influenza from birds
living in the wild to susceptible birds kept in zoos, taking into
account the criteria and risk factors set out in Annex I.

Article 4

Based on a risk-assesment, Member States may decide to apply
vaccination against avian influenza to susceptible birds kept in
zoos, which are considered to be at risk from avian influenza, in
accordance with the requirements set out in the Annex II.

Article 5

1. Member States that intend to apply the vaccination, as
provided for in Article 3, shall submit
to the Commission
and officially present in the Standing Committee on the Food
Chain and Animal Health, their programme on the vaccination
of susceptible birds kept in zoos.

The vaccination programme referred to in paragraph 1

2.
shall contain at least detailed information on:

(a)

the exact address and location of the zoos where the vacci-
nation is to be carried out;

(b) the specific identification and number of susceptible birds;

(c)

the individual

identification of the birds to be vaccinated;

(d) the type of vaccine to be used, the vaccination scheme and

the timing of the vaccination;

(e)

the reasons for decision to implement
measures;

the vaccination

(f)

the time-table of the vaccinations to be carried out.

Article 6

Member States shall immediately take the necessary measures to
comply with this Decision. They shall immediately inform the
Commission thereof.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 21 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

22.10.2005

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Official Journal of the European Union

L 279/77

Criteria and risk factors to be considered when applying the measures set out in Article 3 in individual zoos

ANNEX I

1. Location of the zoo along migratory flyways of birds, in particular if proceeding from central and eastern Asia, and the

Caspian Sea and the Black Sea areas.

2. Distance of the zoo from wet areas such as ponds, swamps, lakes or rivers where migratory waterfowl may gather.

3. Location of the zoo in areas of a high density of migratory birds, particularly waterfowl.

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Official Journal of the European Union

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ANNEX II

REQUIREMENTS FOR THE USE OF VACCINATION

1.

Extent of the vaccination to be carried out

The vaccination shall only take place on susceptible birds in
a zoo

2.

Species of the birds to be vaccinated

3.

Duration of the vaccination

4.

5.

Specific standstill of vaccinated birds and products
of vaccinated birds

identification and special registration of

Special
the vaccinated birds

6.

Execution of the vaccination campaign

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 from the date 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

Vaccinated birds 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.

Bird products from such birds shall not enter the food chain

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

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

7.

Vaccine to be used

inactivated vaccine

The
suitably
formulated and be effective against the virus type circulating.
It shall be used in accordance with the instructions of the
manufacturer and/or the veterinary authorities

to be used shall be

8.

Information on implementation of
gramme to the Commission

this pro-

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