2006/147/EC: Commission Decision of  24 February 2006  on introducing preventive vaccination against highly pathogenic avian influenza H5N1 and related provisions for movements in the Netherlands  (notified under document number C(2006) 630)
Date: 2006-02-24
Institutions: European Commission
Subjects: Netherlands, avian influenza, health certificate, health control, intra-EU trade, poultry, poultrymeat, transport of animals, vaccination

25.2.2006

EN

Official Journal of the European Union

L 55/47

COMMISSION DECISION

of 24 February 2006

on introducing preventive vaccination against highly pathogenic avian influenza H5N1 and related
provisions for movements in the Netherlands

(notified under document number C(2006) 630)

(Only the Dutch text is authentic)

(2006/147/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2005/94/EC of 20
December 2005 on Community measures for the control of
avian influenza and repealing Directive 92/40/EEC (1), and in
particular, Article 57 (2) thereof;

Whereas:

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 threat to animal health and under certain circum-
stances to human health. There is a risk that the disease
agent might be spread to other holdings thus reducing
sharply the profitability of poultry farming, to wild birds
and from one Member State to other Member States and
third countries through the international trade in live
birds or their products.

(5)

(6)

Highly pathogenic avian influenza A virus of subtype
H5N1 has been isolated from wild birds in certain
parts of the Community and in third countries adjacent
to the Community or populated by migratory birds
during winter. The likelihood of virus introduction with
wild birds is increasing during the forthcoming migratory
season.

recommends

Authority (EFSA)
that preventive vacci-
nation can be considered if a high risk of virus intro-
duction is identified in densely populated poultry areas.
During an avian influenza epidemic there is always a
significant risk that hobby and pet birds are hidden
and constitute
infection. This
an ongoing risk of
occurrence should be considered, and instead of mass
culling of such birds, a policy of increased surveillance
and biosecurity may be recommended. In addition, quar-
antine and vaccination may be considered as options for
these types of birds. However, such a practice should not
jeopardise the strict biosecurity and other measures that
should be in force in such areas aimed at eradicating any
introduction of virus. In particular, vaccination may be
applied in flocks in which the general flock management
systems that are used preclude birds being permanently
housed indoors or sufficiently protected against contacts
with wild birds.

On 21 February 2006, the Netherlands have submitted
to the Commission for approval a plan for preventive
vaccination in the light of the particular risk of intro-
duction of avian influenza into their
territory. The
Commission has immediately examined this plan in
collaboration with the Netherlands and deems that after
certain adaptations it is in conformity with the relevant
Community provisions. It appears therefore appropriate
to approve this plan.

the European Parliament and of

Only vaccines authorised in accordance with Directive
2001/82/EC of
the
Council of 6 November 2001 on the Community code
relating to veterinary medicinal products (2) or Regulation
No 726/2004 of the European Parliament and of the
Council of 31 March 2004 laying down Community
procedures
the authorisation and supervision of
medicinal products for human and veterinary use and
establishing a European Medicines Agency (3) should be
used.

for

Early detection systems and biosecurity measures to
reduce the risk of transmission of avian influenza to
poultry flocks are in place in the whole territory of the
Netherlands.

(7) Where preventive vaccination is carried out in the Neth-
erlands monitoring on vaccinated and unvaccinated
poultry flocks and movement restrictions for vaccinated
birds have to be implemented.

In its opinion on ‘Animal health and welfare aspects of
avian influenza’ of 20 September 2005 the Animal
Health and Welfare Panel of the European Food Safety

(1) OJ L 10, 14.1.2006, p. 16.

(8)

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

in this Decision are in
Standing
the

opinion

the

of

(2) OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive

2004/28/EC (OJ L 136, 30.4.2004, p. 58).

(3) OJ L 136, 30.4.2004, p. 1.

(1)

(2)

(3)

(4)

L 55/48

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Official Journal of the European Union

25.2.2006

HAS ADOPTED THIS DECISION:

The Commission shall publish the preventive vaccination

4.
plan.

Article 1

Subject matter, scope and definitions

1.
This Decision lays down certain measures to be applied in
the Netherlands where preventive vaccination is carried out in
certain poultry holdings at particular risk for introduction of
infection including movement restrictions on vaccinated poultry
and certain products derived thereof.

For the pupose of this Decision, in addition to the defi-
laid down in Council Directive 2005/94/EC the

2.
nitions
following definitions shall apply:

Article 3

Provisions for movements of live poultry, table eggs, fresh
preparations,
poultry meat, minced meat, meat

mechanically separated meat and meat products

The provisions for movements of live poultry coming from
and/or originating from holdings in which preventive vacci-
nation is carried out and on movements of table eggs, fresh
poultry meat, minced meat, meat preparations, mechanically
separated meat and meat products derived from vaccinated
poultry in accordance with ‘the preventive vaccination plan’
shall apply in accordance with Article 4 to 11 of this Decision.

(a)

‘backyard poultry’ means chicken, ducks, turkeys and geese
which are kept by their owners:

Article 4

(i)

for their own consumption or use; or

(ii) as pets.

(b)

‘organic’ and ‘free range layers’ means laying hens as
defined in Council Directive 1999/74/EC of 19 July 1999
laying down minimum standards for the protection of
laying hensand Commission Directive 2002/4/EC (1) of 30
January 2002 on the registration of establishments keeping
laying hens, covered by Council Directive 1999/74/EC
which have access to open runs.

Article 2

Approval of the vaccination programme

1.
The plan for preventive vaccination against highly
pathogenic avian influenza H5N1, submitted by the Netherlands
is approved (‘the
to the Commission on 21 February 2006,
preventive vaccination plan’).

In accordance with ‘the preventive vaccination plan’
the
preventive vaccination against avian influenza H5N1 shall be
carried out with an inactivated heterologous vaccine of avian
influenza subtype H5 or in exceptional circumstances and only
in the case of organic and free range layers with a bivalent
vaccine containing both avian influenza subtypes H5 an H7
authorised by the Netherlands in backyard poultry, organic
and free range layers in the whole territory of the Netherlands.

Intensive monitoring and surveillance, as set out in the
2.
‘the preventive vaccination plan’ shall be carried out in the
backyard poultry and flocks of organic or free range layers
where preventive vaccination is carried out.

Provisions for movements and dispatch of live backyard
poultry and day-old poultry and hatching eggs derived
from such poultry

The competent authority shall ensure that:

1. Vaccinated backyard poultry must be individually identified
and may only be moved to other vaccinated backyard
holdings within the Netherlands in accordance with ‘the
preventive vaccination plan’ which requires records of such
movements.

2. No vaccinated backyard poultry and no day-old poultry and
hatching eggs originating from such poultry may be moved
to commercial poultry holdings within the Netherlands or
dispatched to another Member State.

Article 5

Provisions for movements and dispatch of live organic and
free range layers

The competent authority shall ensure that vaccinated live
organic and free range layers may only be moved either to
other holdings where vaccination is carried out or to a slaugh-
terhouse for immediate slaughter within the Netherlands and
may not be dispatched from the Netherlands.

Article 6

Health certification for intra-Community trade in live
poultry, day-old poultry and hatching eggs

Health certificates for intra-Community trade in live poultry,
day-old poultry and hatching eggs from the Netherlands shall
include the words:

The preventive vaccination plan shall be implemented effi-

3.
ciently.

(1) OJ L 30, 31.1.2002, p. 44.

‘The consignment consists of
live poultry/day-old poultry/
hatching eggs originating from holdings where no vacci-
nation against avian influenza has been carried out’.

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Official Journal of the European Union

L 55/49

Article 7

Provisions for dipatch of table eggs

(c) are kept separated from other flocks which do not comply

with this Article; and

The competent authority shall ensure that table eggs that come
from and/or originate from organic and free range layer
holdings in which preventive vaccination is carried out are
only dispatched from the Netherlands provided that the table
eggs:

(a) come from poultry which originate from flocks which have
been regularly inspected and tested with negative results for
highly pathogenic avian influenza H5N1 in accordance with
‘the preventive vaccination plan’, with particular attention
paid to sentinel birds; and

(b) are directly transported:

(i)

(ii)

to a packing centre designated by the competent
authority provided that they are packed in disposable
packaging and that all biosecurity measures required by
the competent authority are applied; or

for

the manufacture of egg
to an establishment
products as set out
in Chapter II of Section X of
Annex III to Regulation (EC) No 853/2004 (1) to be
handled and treated in accordance with Chapter XI of
Annex II to Regulation (EC) No 852/2004 (2).

Article 8

Provisions for dispatch of fresh meat of poultry, minced
meat, meat preparations, mechanically separated meat and
meat products

The competent authority shall ensure that

1.
fresh meat
derived from vaccinated organic and free range layer flocks is
only dispatched from the Netherlands, provided that the meat
comes from poultry which:

(a) originate from flocks which have been regularly inspected
and tested with negative results for highly pathogenic avian
influenza H5N1 in accordance with ‘the preventive vacci-
nation plan’ with particular attention paid to sentinel birds;

(b) originate from flocks which have been clinically inspected
by an official veterinarian within 48 hours before loading,
with particular attention paid to sentinel birds;

(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,

25.6.2004, p. 22.

(d) the meat has been produced in accordance with Annex II
and Sections II and III of Annex III to Regulation (EC) No
853/2004 and controlled in accordance with Sections I, II,
III, and Chapters V and VII of Section IV of Annex I to
Regulation (EC) No 854/2004 (3);

The competent authority shall ensure that minced meat,
2.
meat preparations, mechanically separated meat and meat
products containing meat derived from vaccinated organic and
free range layer flocks is only dispatched from the Netherlands
if the meat complies with paragraph (1) and are produced in
accordance with Sections V and VI of Annex III to Regulation
(EC) No 853/2004.

Article 9

Commercial documents for fresh poultry meat, minced
meat, meat preparations, mechanically separated meat and
meat products

The Netherlands shall ensure that fresh poultry meat, minced
meat, meat preparations, mechanically separated meat and meat
products complying with the conditions set out in Article 8 is
accompanied by a commercial document stating:

‘The consignment complies with the animal health conditions
laid down in Commission Decision 2006/147/EC’.

Article 10

Information to Member States

The Netherlands shall inform in advance the central veterinary
authority in the Member State of destination on movements of
consignments referred to in Article 9.

Article 11

Washing and disinfection of packaging and means of
transport

The Netherlands shall ensure that in holdings where preventive
vaccination is carried out all means of transport used for trans-
porting live poultry, fresh poultry meat, minced meat, meat
preparations, mechanically separated meat, meat products and
poultry feedstuff are cleaned and disinfected immediately before
and after each transport with disinfectants and methods of use
approved by the competent authority.

(2) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

(3) OJ L 139, 30.4.2004, p. 206. Corrected version in OJ L 226,

25.6.2004, p. 3.

25.6.2004, p. 83.

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Article 12

Penalties

Article 14

Review of measures

The Netherlands shall lay down the rules on penalties applicable
to infringements of provisions of this decision and shall take all
the measures necessary to ensure that they are implemented.
The penalties provided for must be effective, proportionate and
dissuasive. The Netherlands shall notify those provisions to the
Commission by 7 March 2006 at the latest and shall notify the
Commission of any subsequent amendments thereof.

Article 13

Reports

The Netherlands shall submit a report containing information
on the implementation of the preventive vaccination plan to the
Commission within one month from the date of application of
the Standing
this Decsion and give monthly reports at
Committee on the Food Chain and Animal Health starting as
from 7 March 2006.

The measures shall be reviewed in the light of the development
of the epidemiological situation and new information becoming
available.

Article 15

Addresses

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 24 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission