2006/474/EC: Commission Decision of  6 July 2006  concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC  (notified under document number C(2006) 3054)   (Text with EEA relevance)
Date: 2006-07-06
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, infectious disease, vaccination, veterinary inspection, zoo

8.7.2006

EN

Official Journal of the European Union

L 187/37

COMMISSION DECISION

of 6 July 2006

concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza
A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the
Member States and repealing Decision 2005/744/EC

(notified under document number C(2006) 3054)

(Text with EEA relevance)

(2006/474/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,

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 (2), and in
particular Articles 56(3), 57(2), 63(3) and 66(2) 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

Certain requirements in relation to biosecurity and vacci-
nation of zoo birds,
in the light of the risk posed by
highly pathogenic avian influenza A virus of subtype
H5N1 have been adopted by Commission Decision
2005/744/EC 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 birds kept in zoos in the Member States (3).
That Decision also provides for the submission by the
Member States to the Commission of their plans for the
vaccination of birds kept in zoos.

Directive 2005/94/EC lays down rules for the intro-
duction
avian
influenza, inter alia, of captive birds, such as birds kept
in zoos and provides for detailed rules thereof to be

vaccination

preventive

against

of

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

(2) OJ L 10, 14.1.2006, p. 16.
(3) OJ L 279, 22.10.2005, p. 75.

established by the Commission. That Directive also
provides for the submission by the Member States to
the Commission for approval of their preventive vacci-
nation plans for poultry or other captive birds.

Council 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 should be taken into account for the purposes
of this Decision.

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 (5),
provides for rules concerning animals traded between
approved bodies, institutes or centres.

subject

centres

institutes or

Given that, due to their confinement, birds kept in zoos
and approved bodies,
cannot
normally come into contact with poultry or other
captive birds and do therefore not pose any risk of
contamination for poultry or other captive birds and
given the value of birds kept in zoos, preventive vacci-
nation of such birds may constitute an appropriate addi-
tional preventative measure. It is therefore appropriate to
lay down at Community level detailed rules concerning
and
preventive vaccination of birds kept
approved
the
Member States should follow, if they consider it appro-
priate to vaccine such birds.

in zoos
that

institutes

centres

bodies,

and

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

It is appropriate to provide for the approval of the vacci-
nation plans which have been submitted by the Member
States in accordance with Decision 2005/744/EC and
Directive 2005/94/EC.

(4)

(5)

(6)

(7)

(8)

(4) OJ L 94, 9.4.1999, p. 24.
(5) OJ L 268, 14.9.1992, p. 52. Directive as last amended by Directive

2004/68/EC (OJ L 226, 25.6.2004, p. 128).

L 187/38

EN

Official Journal of the European Union

8.7.2006

(9)

(10)

For the sake of clarity it is appropriate to repeal Decision
2005/744/EC and replace it by this Decision.

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

1.

(a)

This Decision lays down detailed rules:

to be applied in order to prevent
the spread of avian
influenza caused by highly pathogenic influenza A virus
of subtype H5N1 (‘HPAI H5N1’) from birds living in the
wild to birds kept in zoos and approved bodies, institutes or
centres;

(b) for the vaccination of birds kept in zoos and approved

bodies, institutes or centres.

This Decision approves certain plans on the vaccination of
institutes or centres
to Article 5(1) of
vaccination plans

2.
birds kept in zoos and approved bodies,
submitted to the Commission pursuant
Decision 2005/744/EC and preventive
pursuant to Article 56(2) of Directive 2005/94/EC.

Article 2

For the purposes of this Decision, the definitions laid down in
Directive 2005/94/EC shall apply.

In addition, the definition of zoos in Article 2 of Directive
1999/22/EC and the definition for approved bodies, institutes
and centres of Article 2(1)(c) of Directive 92/65/EEC shall apply.

Article 3

Member States shall take appropriate and practicable measures
to reduce the risk of transmission of ‘HPAI H5N1’ from birds
living in the wild to birds kept in zoos and approved bodies,
institutes and centres, taking into account the criteria and risk
factors set out in Annex I.

epidemiological
In particular, depending on the
situation, those measures shall be directed at preventing direct
and indirect contact between birds living in the wild, especially
waterfowl, and birds kept
in zoos and approved bodies,
institutes and centres.

specific

Article 4

Preventive vaccination plans against ‘HPAI H5N1’, submitted in
accordance with Article 56(2) of Directive 2005/94/EC, shall,
based on a risk assessment, be targeted at birds kept in zoos
and approved bodies, institutes and centres.

‘HPAI H5N1’

Where Member States submit preventive vaccination plans
in accordance with Article 56(2) of
against
Directive 2005/94/EC, which are targeted at birds kept
in
zoos and approved bodies,
institutes and centres, those plans
shall:

(a) be drawn up in accordance with the requirements set out in

Annex II to this Decision; and

(b) in addition to the information provided for Article 56(2) of
address and
Directive 2005/94/EC,
exact
location of the zoos and approved bodies,
institutes and
centres where the preventive vaccination is to be carried
out.

contain the

Article 5

The preventive vaccination plans,

1.
submitted by the
Member States in accordance with Article 56(2) of Directive
2005/94/EC and listed in Annex III
to this Decision, are
approved.

The plans on the vaccination of birds kept in zoos and
2.
submitted by the
institutes and centres
approved bodies,
Member States in accordance with Decision 2005/744/EC and
listed in Annex III to this Decision shall be considered as being
approved in the sense of paragraph 1 of this Article.

The Commission shall publish the preventive vaccination
3.
plans on the vaccination of birds kept in zoos and approved
bodies, institutes and centres listed in Annex III.

Article 6

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

Article 7

Decision 2005/744/EC is repealed.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 6 July 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

8.7.2006

EN

Official Journal of the European Union

L 187/39

ANNEX I

Criteria and risk factors to be considered when applying the measures set out in Article 3 in individual zoos or
approved bodies, institutes and centres

1. Location of the zoo or approved body, institute and centre along migratory flyways of birds, in particular if proceeding

from Africa, central and eastern Asia, the Caspian Sea and the Black Sea areas;

2. Distance of the zoo, approved body, institute and centre from wet areas such as ponds, swamps, lakes or rivers where

migratory waterfowl may gather;

3. Location of the zoo, approved bodies, institutes and centres in areas of a high density of migratory birds, particularly

waterfowl.

L 187/40

EN

Official Journal of the European Union

8.7.2006

ANNEX II

Requirements for the use of preventive vaccination

1.

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

approved bodies, institutes and centres.

2.

Species of the birds to be vaccinated

3.

Duration of the vaccination

4.

Specific standstill of vaccinated birds and
products of vaccinated birds

5.

Special
tration of the vaccinated birds

identification and special

regis-

6.

Execution of the vaccination campaign

7.

Vaccine to be used

8.

Information on implementation of
plan to the Commission

this

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 or approved bodies, institutes and
centres shall be vaccinated as quickly as possible. In any case, each
vaccination in a zoo shall be completed as soon as possible within
one week.

Movements of vaccinated birds in the same Member State or to other
Member States between approved bodies, centres and institutes as
defined in Directive 92/65/EEC shall be allowed provided the birds
come from a zoo or an approved body, institute or centre located in
an area for which no animal health restrictions in relation to HPAI
are in place. The following words shall be added to the health certi-
ficate provided for in Annex E, Part 3 to Directive 92/65/EEC:
‘birds
………. Vaccine …………’
When those conditions are not met, vaccinated birds may be traded
or moved under official supervision between zoos in the same
Member State, or after specific authorisation of another Member
State.

conform to Decision 2006/474/EC vaccinated against AI on

Any movement of vaccinated birds between Member States shall be
notified by the competent authority of the place of origin to the
competent authority of the place of destination with TRACES.

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

A detailed report on the execution of the plan including the 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.

8.7.2006

EN

Official Journal of the European Union

L 187/41

ANNEX III

List of approved preventive vaccination plans for birds kept in zoos and approved bodies, institutes and centres
in Member States

Code

Member State

Date of submission of plan

AT

BE

CZ

DE

DK

EE

ES

FR

HU

IE

IT

LT

LV

NL

PT

SE

UK

Austria

Belgium

Czech Republic

Germany

Denmark

Estonia

Spain

France

Hungary

Ireland

Italy

Lithuania

Latvia

The Netherlands

Portugal

Sweden

21 April 2006

10 February 2006

21 March 2006

31 March 2006

20 February 2006

6 March 2006

27 February 2006

20 February 2006

1 March 2006

6 March 2006

6 March 2006

6 March 2006

28 February 2006

16 November 2005

29 November 2005

28 February 2006

United Kingdom

4 April 2006