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 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), 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) 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 and public health and to reduce sharply the profitability of poultry farming.
(2) Certain requirements in relation to biosecurity and vaccination 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.
(3) Directive 2005/94/EC lays down rules for the introduction of preventive vaccination against avian influenza, inter alia, of captive birds, such as birds kept in zoos and provides for detailed rules thereof to be established by the Commission. That Directive also provides for the submission by the Member States to the Commission for approval of their preventive vaccination plans for poultry or other captive birds.
(4) 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.
(5) 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 and embryos not subject 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.
(6) Given that, due to their confinement, birds kept in zoos and approved bodies, institutes or centres 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 vaccination of such birds may constitute an appropriate additional preventative measure. It is therefore appropriate to lay down at Community level detailed rules concerning preventive vaccination of birds kept in zoos and approved bodies, institutes and centres that the Member States should follow, if they consider it appropriate to vaccine such birds.
(7) 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.
(8) It is appropriate to provide for the approval of the vaccination plans which have been submitted by the Member States in accordance with Decision 2005/744/EC and Directive 2005/94/EC.
(9) For the sake of clarity it is appropriate to repeal Decision 2005/744/EC and replace it by this Decision.
(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,
1.   This Decision lays down detailed rules:
(a) 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.
2.   This Decision approves certain plans on the vaccination of birds kept in zoos and approved bodies, institutes or centres submitted to the Commission pursuant to Article 5(1) of Decision 2005/744/EC and preventive vaccination plans pursuant to Article 56(2) of Directive 2005/94/EC.
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.
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.
In particular, depending on the specific epidemiological 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.
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.
Where Member States submit preventive vaccination plans against ‘HPAI H5N1’ in accordance with Article 56(2) of 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 Directive 2005/94/EC, contain the exact address and location of the zoos and approved bodies, institutes and centres where the preventive vaccination is to be carried out.
1.   The preventive vaccination plans, 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.
2.   The plans on the vaccination of birds kept in zoos and approved bodies, institutes and centres submitted by the 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.
3.   The Commission shall publish the preventive vaccination plans on the vaccination of birds kept in zoos and approved bodies, institutes and centres listed in Annex III.
Member States shall immediately take the necessary measures to comply with this Decision. They shall immediately inform the Commission thereof.
Decision 2005/744/EC is repealed.
This Decision is addressed to the Member States.