2004/159/EC: Commission Decision of 16 February 2004 amending for the second time Decision 2002/975/EC on introducing vaccinations to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures (Text with EEA relevance) (notified under document number C(2004) 393)

Commission Decision
of 16 February 2004
amending for the second time Decision 2002/975/EC on introducing vaccinations to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures
(notified under document number C(2004) 393)
(Text with EEA relevance)
(2004/159/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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), as last amended by Directive 2002/33/EC of the European Parliament and of the Council(2), and in particular Article 10(4) thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Regulation (EC) No 806/2003(4), and in particular Article 9(4) thereof,
Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(5), as last amended by Regulation (EC) No 806/2003 of 19 May 1992, and in particular Article 16 thereof,
Whereas:
(1) In October 2002, Italy reported to the Commission that infections of low pathogenic avian influenza of subtype H7N3 had occurred in the regions of Veneto and Lombardy and that the disease was spreading quickly.
(2) Subsequently, the Italian authorities took aggressive action including stamping out of infected flocks to control the propagation of the infection. As a supplementary measure the Italian authorities also requested approval for a vaccination programme against avian influenza for at least 18 months in order to avoid the further spread of infection.
(3) The vaccination programme was approved by Commission Decision 2002/975/EC(6), which laid down the rules concerning vaccination against avian influenza in an area described in the Annex. The Decision also includes specific control measures such as movement restrictions on live poultry, hatching and table eggs for intra-Community trade.
(4) Further experience suggests amending the approved vaccination programme in order to include possible vaccination of breeding poultry and to modify the vaccination schemes applied to different categories of poultry, in particular to layers. Restrictions on keeping certain categories of poultry above a defined age limit should be reviewed taking into account the favourable epidemiological evolution in the prevalence of avian influenza infections in those populations.
(5) Restrictions on intra-Community trade currently in place for products sourced from holdings located within a defined radius around a holding infected with low pathogenic avian influenza should be reviewed and lifted subject to certain precautionary measures being implemented.
(6) The "discriminatory test" (iIFA test) approved by Commission Decision 2001/847/EC(7) for its use in turkeys has now been further developed and its application in other poultry species, in particular in chickens, should provide the necessary animal health guarantees for intra-Community trade in fresh meat derived from vaccinated chickens.
(7) The occurrence of avian influenza infections with virus of low pathogenicity has considerably decreased in the last few months; however it appears appropriate to prolong the vaccination programme for a further six months protecting the population against a re-introduction of the infection.
(8) Decision 2002/975/EC should be amended accordingly.
(9) Furthermore the opportunity should be taken to repeal Commission Decisions 2000/149/EC(8), 2003/153/EC(9), 2003/359/EC(10) and 2003/428/EC(11), taken in relation to outbreaks of highly pathogenic avian influenza that had occurred in Italy in 2000 and in the Netherlands and Belgium in 2003, and which are no longer applicable.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,