2007/590/EC: Commission Decision of 27 August 2007 on introducing preventive vaccination against highly pathogenic avian influenza and related provisions for movements in the Netherlands (notified under document number C(2007) 3977)
Date: 2007-08-20
Institutions: European Commission
Subjects: Netherlands, bird, disease prevention, export restriction, health control, poultry, vaccination

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 27 August 2007

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

(notified under document number C(2007) 3977)

(Only the Dutch text is authentic)

(2007/590/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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.

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:

(1)

(2)

Avian influenza is an infectious viral disease in poultry
and other birds, causing mortality and disturbances
which can quickly take epizootic proportions liable to
to animal health and under
present a serious threat
certain circumstances
to human health and also to
reduce the profitability of poultry farming.

The highly pathogenic avian influenza A virus of subtype
H5N1 has been isolated from poultry and wild birds in
certain parts of the Community and in third countries.
The likelihood of the spread of that virus to poultry
flocks,
is increasing within
the Community.

in particular by wild birds,

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

(4)

(5)

In its scientific opinions on avian influenza with respect
to animal health and welfare aspects, the role of wild
birds in the spread of avian influenza and on vaccination
of poultry, captive birds and zoo birds against avian
influenza, the Animal Health and Welfare Panel of the
European Food Safety Authority (EFSA) recommended
that preventive vaccination can be considered, if a high
risk of virus introduction is identified in particular in
densely populated poultry areas.

In addition, EFSA states that during an avian influenza
epidemic there is always a significant risk that hobby and
pet birds are hidden and constitute an ongoing risk of
infection. This eventuality should be considered, and
instead of the mass culling of such birds, a policy of
increased surveillance and biosecurity may be
rec-
ommended. Quarantine and preventive vaccination may
also 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 the
virus.
In particular, preventive 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.

(6)

(7)

(8)

(9)

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in

for movements

Commission Decision 2006/147/EC of 24 February
2006 on introducing preventive vaccination against
highly pathogenic avian influenza H5N1 and related
the Netherlands (1)
provisions
approved the plan for preventive vaccination against
highly pathogenic avian influenza H5N1, as submitted
by the Netherlands to the Commission on 21 February
2006, and the amendments thereto, including the conti-
nuation of that plan until 31 July 2007 (‘the preventive
vaccination plan’). It provides for certain measures to be
applied in the Netherlands where preventive vaccination
is carried out in certain poultry holdings at particular risk
for
infection by that disease,
including movement restrictions on vaccinated poultry.

introduction of

the

Given the experience gained with preventive vaccination
under field conditions during the implementation of the
preventive vaccination plan, it is appropriate to continue
this pilot project in order to obtain further insight into
the development and levels of bird immunity under a
controlled setting.

(10) Where preventive vaccination is carried out in the Neth-
erlands, monitoring of vaccinated and unvaccinated
poultry flocks and movement restrictions for vaccinated
birds should be implemented in order to prevent the
if
eventual
exposed to field virus.

circulation in vaccinated flocks,

virus

(11)

In addition, certain restrictions should be placed on the
movement of poultry and products thereof concerned by
the preventive vaccination measures provided for in this
Decision. Such restrictions should take into account the
rules laid down in Regulation (EC) No 852/2004 of the
European Parliament and of the Council of 29 April
2004 on the hygiene of foodstuffs (4), Regulation (EC)
No 853/2004 of the European Parliament and of the
Council of 29 April 2004 laying down specific hygiene
rules for food of animal origin (5) and Regulation (EC) No
854/2004 of the European Parliament and of the Council
of 29 April 2004 laying down specific rules for the
organisation of official controls on products of animal
origin intended for human consumption (6).

(12)

In the interests of clarity of Community legislation,
Decision 2006/147/EC should be repealed.

For that purpose, the Netherlands submitted on 29 June
2007 an updated preventive vaccination plan which is to
be
applied until 31 July 2009. The Commission
examined that updated plan in collaboration with the
Netherlands and considers that, subject to certain adap-
tations, it complies with the relevant Community animal
health legislation. Accordingly,
the updated preventive
vaccination plan should be approved.

(13)

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

in this Decision are in
Standing
the

opinion

the

of

authorised

the European Parliament and of

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

for

(1) OJ L 55, 25.2.2006, p. 47. Decision as amended by Decision

2006/528/EC (OJ L 208, 29.7.2006, p. 39).

(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. Regulation as amended by Regulation

(EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

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
avian influenza, including movement restrictions on vaccinated
poultry and certain products derived thereof.

(4) OJ L 139, 30.4.2004, p. 1, corrected by OJ L 226, 25.6.2004, p. 3.
(5) OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(6) OJ L 139, 30.4.2004, p. 206, corrected by OJ L 226, 25.6.2004,
(EC)

83. Regulation

by Regulation

amended

last

as

p.
No 1791/2006.

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Article 2

Definitions

For the purpose of this Decision, the definitions laid down in
Article 2 of Directive 2005/94/EC shall apply.

The Netherlands shall ensure that intensive monitoring
2.
and surveillance, as set out in the preventive vaccination plan
is carried out in the backyard poultry and flocks of organic or
free-range layers where preventive vaccination is carried out.

The following definitions shall also apply:

The Netherlands shall ensure that the preventive vacci-

3.
nation plan is implemented efficiently.

(a)

‘backyard poultry’ means chickens, turkeys and other species
belonging to the Galliformes order and ducks, geese and
other species belonging to the Anseriformes order which
are kept by their owners:

(i) for their own consumption or use; or

(ii) as pets.

(b) ‘organic’ and ‘free-range layers’ means:

(i) laying hens as defined in Article 2(2)(a) of Council

Directive 1999/74/EC (1); and

Article 5

Restrictions on movements and dispatch of backyard
and hatching eggs
poultry,

including day-old chicks

derived from such poultry

1.
The competent authority shall ensure that no poultry,
including day-old chicks and hatching eggs, derived from such
poultry and originating from backyard poultry holdings where
vaccination is carried out, may be moved to other poultry
holdings within the Netherlands or dispatched to another
Member State.

2.
By way of derogation from paragraph 1, and provided
that they are individually identified, backyard poultry may be
moved to other holdings of backyard poultry or temporarily
gathered for shows and exhibitions:

(ii) which have access to open runs.

(a) within the Netherlands;

Article 3

Approval of the vaccination programme

1.
The plan for preventive vaccination against highly
pathogenic avian influenza, as submitted by the Netherlands
to be implemented
to the Commission on 29 June 2007,
is
until 31 July 2009,
approved.

(‘the preventive vaccination plan’)

The Commission shall publish the preventive vaccination

2.
plan.

Article 4

Conditions for implementing the preventive vaccination
plan

1.
The Netherlands shall ensure that the preventive vacci-
nation of backyard poultry and organic and free-range layers
is carried out in accordance with the preventive vaccination
plan with an inactivated heterologous vaccine of
avian
influenza subtype H5 or with a bivalent
inactivated heter-
ologous vaccine containing both avian influenza subtypes H5
and H7 authorised by that Member State or the Community in
accordance with Directive 2001/82/EC or Regulation (EC) No
726/2004.

(1) OJ L 203, 3.8.1999, p. 53.

(b) in another Member State following the agreement of the

Member State of destination.

Any such movements or gatherings must be in accordance with
the preventive vaccination plan, including the maintenance of
records of such movements and gatherings.

Article 6

Restrictions on movements of organic and free-range
layers

The competent authority shall ensure that organic and free-
range layers from holdings where preventive vaccination is
carried out are only moved:

(a)

to other holdings where preventive vaccination is carried
out within the Netherlands;

(b) to a slaughterhouse for immediate slaughter within the

Netherlands; or

(c)

to a slaughterhouse in another Member State for immediate
slaughter following the agreement of the Member State of
destination.

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Article 7

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

The Netherlands shall ensure that health certificates for
1.
intra-Community
and
in poultry,
hatching eggs from the Netherlands referred to in Articles
5(2) and 6 (c) include the words:

day-old

chicks

trade

‘Poultry/day-old chicks/hatching eggs (*) in compliance with
the rules laid down in Decision 2007/590/EC and vaccina-
ted/derived from poultry
avian
influenza on … (date) with vaccine … (name).

vaccinated (*)

against

___________
(*) Keep as appropriate.’

The Netherlands shall ensure that health certificates for
2.
intra-Community
and
in poultry,
hatching eggs other than those referred to in paragraph (1)
from the Netherlands include the words:

day-old

chicks

trade

consignment

‘The
consists of poultry/day-old chicks/
hatching eggs (*) originating from holdings where no vacci-
nation against avian influenza has been carried out.

___________
(*) Keep as appropriate.’

Article 8

Restrictions on the dispatch of table eggs

The competent authority shall ensure that
table eggs that
originate from and/or come from holdings where organic and
free-range layers are kept and in which preventive vaccination is
carried out are only dispatched to other Member States subject
to compliance with the following conditions:

(a)

the table eggs are derived from poultry which originate
from holdings which have been regularly inspected and
tested with negative results for highly pathogenic avian
influenza in accordance with the preventive vaccination
plan, with particular attention being paid to sentinel birds;
and

(b) the table eggs are directly transported:

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

Article 9

Restrictions on the dispatch of meat, minced meat, meat
preparations, mechanically separated meat
and meat
products derived from vaccinated organic and free-range
layers

1.
The competent authority shall ensure that meat, minced
meat, meat preparations, mechanically separated meat and meat
products derived from vaccinated organic and free-range layer
flocks is only dispatched to other Member States subject to
compliance with the following conditions:

(a)

it is derived from poultry which:

(i) originate

from flocks which have been regularly
inspected and tested with negative results for highly
pathogenic avian influenza in accordance with the
preventive vaccination plan with particular attention
being paid to sentinel birds;

(ii) originate

from flocks which have been clinically
inspected by an official veterinarian within 48 hours
before the time of loading, with particular attention
being paid to sentinel birds;

(iii) are kept separated from other flocks which do not
comply with the provisions of (i) and (ii) above; and

(b) it has been produced in accordance with Annex II and
to Regulation (EC) No
Sections II and III of Annex III
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.

(i) to a packing centre designated by the competent
they are packed in disposable
authority and that
packaging or
trays and other non-
disposable equipment, which must be cleaned and disin-
fected before and after each use in accordance with the
instructions and biosecurity measures required by the
competent authority; or

in containers,

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

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Article 10

Reports

Article 12

Addresses

The Netherlands shall submit to the Commission a report on
the implementation of the preventive vaccination plan within
one month from the date of application of this Decision and
give quarterly reports at the Standing Committee on the Food
Chain and Animal Health.

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 27 August 2007.

Article 11

Repeal

Decision 2006/147/EC is repealed.

For the Commission

Markos KYPRIANOU
Member of the Commission