2008/285/EC: Commission Decision of 19 March 2008 concerning emergency vaccination against low pathogenic avian influenza in mallard ducks in Portugal and certain measures restricting the movements of such poultry and their products (notified under document number C(2008) 1077)
Date: 2008-03-19
Institutions: European Commission
Subjects: Portugal, animal disease, poultry, trade restriction, vaccination

3.4.2008

EN

Official Journal of the European Union

L 92/37

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 19 March 2008

concerning emergency vaccination against low pathogenic avian influenza in mallard ducks in
Portugal and certain measures restricting the movements of such poultry and their products

(notified under document number C(2008) 1077)

(Only the Portuguese text is authentic)

(2008/285/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

and that a significant and immediate threat of spread of
avian influenza exists.

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
of
20 December 2005 on Community measures for the control
of avian influenza and repealing Directive 92/40/EEC (1), and in
particular Article 54(2) thereof,

2005/94/EC

Whereas:

(1)

(2)

(3)

Directive 2005/94/EC sets out
the minimum control
measures to be applied in the event of an outbreak of
avian influenza in poultry or other captive birds.

in the central-western part of Portugal,

Since September 2007, outbreaks of
low pathogenic
avian influenza have occurred in certain poultry
holdings
in
particular in holdings that keep poultry intended for re-
stocking supplies of game. Portugal has taken measures
in accordance with Directive 2005/94/EC to control the
spread of that disease.

Portugal has carried out a risk assessment and identified
that holdings keeping mallard ducks (Anas platyrhynchos)
intended for
re-stocking supplies of game (mallard
ducks), are at an increased risk of infection from avian
influenza viruses, in particular by contact with wild birds

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

(4)

(5)

(6)

Early detection systems and biosecurity measures to
reduce the risk of transmission of avian influenza to
poultry flocks are in place in Portugal in the areas that
have been defined by that Member State as high risk
areas pursuant
to Commission Decision 2005/734/EC
of 19 October 2005 laying down biosecurity 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 (2).

Portugal

pursuant

In relation to trade in poultry intended for re-stocking
supplies of game, additional measures have been taken
by
Commission Decision
to
2006/605/EC of 6 September 2006 on certain
protection measures
in relation to intra-Community
trade in poultry intended for re-stocking of wild game
supplies (3).

Portugal has by letter dated 25 January 2008, submitted
an emergency vaccination plan to the Commission for
that plan was
approval and a revised version of
submitted on 31 January 2008.

(2) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2007/803/EC (OJ L 323, 8.12.2007, p. 42).

(3) OJ L 246, 8.9.2006, p. 12.

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Official Journal of the European Union

3.4.2008

(7)

(8)

(9)

(10)

(11)

(12)

According to that emergency vaccination plan, Portugal
intends
to introduce emergency vaccination on one
holding in the region of Lisboa e Vale do Tejo,
Ribatejo Norte, Vila Nova da Barquinha keeping
valuable breeding mallard ducks and using a bivalent
vaccine directed against
virus of
subtypes H7 and H5 which is to be applied until
31 July 2008.

avian influenza

In its scientific opinions on the use of vaccination to
control avian influenza issued by the European Food
Safety Authority in 2005 (1) and 2007 (2), the Animal
Health and Welfare Panel stated that emergency and
preventive vaccination against avian influenza is a
valuable tool to complement the control measures for
that disease.

examined

In addition,
the
the Commission has
emergency vaccination plan submitted by Portugal,
together with the Portuguese authorities, and after its
amendment is satisfied that it conforms with relevant
Community legislation. In view of the epidemiological
situation as regards low pathogenic avian influenza in
Portugal, the type of holding to be vaccinated and the
limited scope of the vaccination plan, it is appropriate to
approve the emergency vaccination plan submitted by
Portugal
the control measures already
taken by that Member State.

to supplement

For the purposes of the emergency vaccination to be
carried out by Portugal, only vaccines authorised in
accordance with Directive 2001/82/EC of the European
Parliament and of the Council of 6 November 2001 on
the Community code relating to veterinary medicinal
products (3) or Regulation (EC) No 726/2004 of
the
European Parliament and of the Council of 31 March
2004 laying down Community procedures for the auth-
for
orisation and supervision of medicinal products
human and veterinary use and establishing a European
Medicines Agency (4) should be used.

In addition, surveillance and monitoring in the holding
keeping the vaccinated mallard ducks and in unvac-
cinated poultry holdings, as set out in the emergency
vaccination plan, should be carried out.

It is also appropriate to introduce certain restrictions on
the movement of vaccinated mallard ducks,
their
hatching eggs and mallard ducks derived from vaccinated
poultry. Due to the small number of mallard ducks
present on the holding where emergency vaccination is
to be carried out, as well as for reasons of traceability
and logistics, vaccinated birds should not be moved from
that holding.

should be provided for,

restrictions for mallard ducks derived from vaccinated
mallard ducks
since such
movements do not pose a specific risk for spread of
disease and provided that surveillance and monitoring
measures are carried out and that the specific animal
health requirements
are
complied with.

intra-Community trade

for

(14)

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

Subject matter and scope

1.
This Decision lays down certain measures to be applied in
Portugal where emergency vaccination of mallard ducks (Anas
platyrhynchos) intended for re-stocking supplies of game (mallard
ducks) is carried out in a holding, which is at particular risk for
introduction of avian influenza. Those measures include certain
restrictions on the movement within and dispatch from
Portugal of the vaccinated mallard ducks, their hatching eggs
and mallard ducks derived thereof.

This Decision shall apply without prejudice

2.
protection measures to be taken by Portugal
with Directive 2005/94/EC and Decision 2006/605/EC.

to the
in accordance

Article 2

Approval of the emergency vaccination plan

emergency

The plan for

vaccination against

low
1.
submitted by
pathogenic avian influenza in Portugal, as
Portugal
in its
to the Commission on 25 January 2008,
revised version submitted on 31 January 2008, to be imple-
mented on a holding in the region of Lisboa e Vale do Tejo,
Ribatejo Norte, Vila Nova da Barquinha until 31 July 2008 (the
emergency vaccination plan) is approved.

The Commission shall publish the emergency vaccination

2.
plan.

(13)

In order to reduce the economic impact on the holding
from movement
derogations
concerned

certain

Article 3

(1) The EFSA Journal (2005) 266, 1-21; Scientific Opinion on Animal

health and welfare aspects of Avian Influenza.

(2) The EFSA Journal (2007) 489, Scientific Opinion on Vaccination
in domestic

against avian influenza of H5 and H7 subtypes
poultry and captive birds.

(3) 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).

(4) OJ L 136, 30.4.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 1394/2007 (OJ L 324, 10.12.2007, p. 121).

Conditions for implementing the emergency vaccination
plan

Portugal shall ensure that the mallard ducks are vaccinated
1.
in accordance with the emergency vaccination plan with a
bivalent
containing both
avian influenza subtypes H5 and H7 authorised by that
Member State in accordance with Directive 2001/82/EC or
Regulation (EC) No 726/2004.

inactivated heterologous vaccine

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Portugal shall ensure that surveillance and monitoring of
2.
the holding keeping the vaccinated mallard ducks and in unvac-
cinated poultry holdings, as set out in the emergency vacci-
nation plan, is carried out.

Portugal shall ensure that the emergency vaccination plan

3.
is implemented efficiently.

Article 4

Marking and restrictions on the movement and dispatch
and disposal of vaccinated mallard ducks

The competent authority shall ensure that vaccinated mallard
ducks on the holding referred to in Article 2(1) are:

(a) marked individually;

(b) not moved to other poultry holdings within Portugal or

dispatched to other Member States.

After their reproductive period, such ducks shall be killed
humanely on the holding referred to in Article 2(1) and their
carcases safely disposed of.

Article 5

Restrictions on the movement and dispatch of hatching
eggs originating from the holding referred to in Article 2(1)

The competent authority shall ensure that hatching eggs orig-
inating from mallard ducks on the holding referred to in
Article 2(1) may only be moved to a hatchery within
Portugal and not dispatched to other Member States.

Article 6

Restrictions on the movement and dispatch of mallard
ducks derived from vaccinated mallard ducks

1.
The competent authority shall ensure that mallard ducks
derived from vaccinated mallard ducks may only be moved after
hatching to a holding located in the monitoring area established
in Portugal around the holding referred to in Article 2(1), as set
out in the emergency vaccination plan.

By way of derogation from paragraph 1 and provided that
2.
the mallard ducks derived from vaccinated mallard ducks are
more than four month old, they may be:

(a) released into the wild in Portugal; or

(b) dispatched to other Member States provided that:

(i) the results of the surveillance and monitoring measures
including

set out in the emergency vaccination plan,
laboratory tests, are favourable; and

(ii) the conditions for dispatch of poultry for re-stocking
down in Decision

game

laid

supplies of wild
2006/605/EC are met.

Article 7

Health certification for intra-Community trade in mallard
ducks derived from vaccinated mallard ducks

shall

ensure

intra-
Portugal
Community trade in poultry intended for re-stocking supplies
of game referred to in Article 6(2)(b)
include the following
sentence:

that health certificates

for

‘The animal health conditions of this consignment are in
accordance with Decision 2008/285/EC’.

Article 8

Reports

Portugal shall submit to the Commission a report on the imple-
mentation of the emergency 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 thereafter.

Article 9

Addresses

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 19 March 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission