Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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^f1, and in particular, Article 54(2) thereof;

Whereas:

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.

Under Commission Decision 2005/926/EC of 21 December 2005 on introducing supplementary measures to control infections with low pathogenic avian influenza in Italy and repealing Decision 2004/666/EC^f2 Italy carried out vaccination against low pathogenic avian influenza until the end of 2006.

Since May 2007 outbreaks of low pathogenic avian influenza have occurred in parts of Northern Italy and measures in accordance with Directive 2005/94/EC have been taken to control the spread of the virus.

In July and August 2007 an increase of low pathogenic avian influenza outbreaks in particular of the subtype H7 has been observed and further outbreaks of that disease continue to be detected. A small number of outbreaks caused by the low pathogenic avian influenza subtype H5 have been reported.

In its scientific opinions on the use of vaccination to control avian influenza issued by the European Food Safety Authority in 2005^f3 and 2007^f4 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.

The outbreaks of low pathogenic avian influenza in Italy concern a densely populated poultry area and the epidemiogical situation is still evolving.

The Italian authorities have carried out a risk assessment and identified a particular risk for further spread of the virus in the areas concerned. Italy has, therefore, by letter dated 7 September 2007, submitted an emergency vaccination plan to the Commission for its approval.

The Commission has examined that plan together with Italy and is satisfied that it conforms with the relevant Community provisions. In the light of the development of the epidemiological situation in Italy, it is appropriate to approve the emergency vaccination plan submitted by Italy to supplement the control measures taken by that Member State and to introduce certain restrictions on movements of poultry, hatching eggs of poultry and day-old chicks and certain poultry products.

According to the vaccination plan, Italy intends to vaccinate certain poultry categories following the Differentiating Infected from Vaccinated Animal (DIVA) strategy using both monovalent vaccines directed against avian influenza virus of subtype H7 and bivalent vaccines against H7 and H5 subtypes.

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^f5 or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency^f6 should be used.

In addition, surveillance and monitoring of vaccinated and unvaccinated poultry flocks as set out in the emergency vaccination plan should be carried out.

The measures provided for in Decision 2005/926/EC are no longer appropriate and that Decision should therefore be repealed.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: