{
  "url": "https://openlegislation.uk/eu-decision-2007-638/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2007-638/introduction.json",
  "legislation": "eudn/2007/638",
  "legislation_title": "Commission Decision of 24 September 2007 on emergency vaccination of poultry in Italy against low pathogenic avian influenza (notified under document number C(2007) 4393) (Only the Italian text is authentic) (2007/638/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2007-638",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 24 September 2007\non emergency vaccination of poultry in Italy against low pathogenic avian influenza\n(notified under document number C(2007) 4393)\n(Only the Italian text is authentic)\n(2007/638/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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, and in particular, Article 54(2) thereof;\nWhereas:\n(1)\nDirective 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.\n(2)\nUnder 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 Italy carried out vaccination against low pathogenic avian influenza until the end of 2006.\n(3)\nSince 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.\n(4)\nIn 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.\n(5)\nIn its scientific opinions on the use of vaccination to control avian influenza issued by the European Food Safety Authority in 2005 and 2007 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.\n(6)\nThe outbreaks of low pathogenic avian influenza in Italy concern a densely populated poultry area and the epidemiogical situation is still evolving.\n(7)\nThe 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.\n(8)\nThe 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.\n(9)\nAccording 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.\n(10)\nOnly 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 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 should be used.\n(11)\nIn addition, surveillance and monitoring of vaccinated and unvaccinated poultry flocks as set out in the emergency vaccination plan should be carried out.\n(12)\nThe measures provided for in Decision 2005/926/EC are no longer appropriate and that Decision should therefore be repealed.\n(13)\nThe measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 10, 14.1.2006, p. 16."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 337, 22.12.2005, p. 60."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "The EFSA Journal (2005) 266, 1-21; Animal health and welfare aspects of Avian Influenza."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The EFSA Journal (2007) 489, Scientific Opinion on ‘Vaccination against avian influenza of H5 and H7 subtypes in domestic poultry and captive birds’."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 136, 30.4.2004, p. 1. Regulation as last amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2007/638/introduction",
    "retrieved_at": "2026-11-01T15:17:04.670592+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}