Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 57(2) thereof,

Whereas:

Directive 2005/94/EC provides that Member States are to ensure that vaccination against avian influenza is prohibited on their territory, except where emergency vaccination or preventive vaccination is carried out pursuant to the conditions laid down in the relevant Sections of Chapter IX of that Directive.

Section 3 of Chapter IX of Directive 2005/94/EC provides that Member States may introduce preventive vaccination in poultry as a long term measure to control that disease, where they deem that on the basis of a risk assessment certain areas of their territory, types of poultry husbandry or certain poultry categories are exposed to the risk of avian influenza.

Article 52(1)(c) further requires that Member States must ensure that vaccines to be used for vaccination of poultry or other captive birds against avian influenza should be authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council^f2 or Regulation (EC) No 726/2004 of the European Parliament and of the Council^f3.

Following outbreaks of low pathogenic avian influenza in 2007 and 2008 in certain poultry holdings in central and western Portugal, in particular in holdings that keep poultry intended for restocking supplies of game, an emergency vaccination plan was carried out pursuant to Commission Decision 2008/285/EC^f4 and the disease was eradicated.

However, according to the results of a risk assessment, high value mallard breeding ducks kept on one holding located in Vila Nova da Barquinha in the region of Lisboa e Vale do Tejo, Ribatejo Norte, are still exposed to the potential risk of avian influenza infection, due to possible indirect contact with wild birds.

Portugal therefore submitted to the Commission for approval a preventive vaccination plan against avian influenza to be carried out as a long term measure until 31 July 2009. That plan was approved by Commission Decision 2008/838/EC^f5. Further preventive vaccination plans against low pathogenic avian influenza submitted by Portugal were approved by Commission Decision 2010/189/EU^f6 and Commission Implementing Decision 2012/110/EU^f7.

The plan for preventive vaccination against low pathogenic avian influenza approved by Implementing Decision 2012/110/EU was implemented by Portugal until 31 July 2013. As provided for in Article 8 of that Decision, Portugal submitted a report on the implementation of that plan to the Standing Committee on the Food Chain and Animal Health. That report demonstrated that virus circulation was successfully prevented in the vaccinated mallard flocks as well as in poultry holdings located in the surrounding area.

On 26 August 2013, Portugal submitted a new plan for preventive vaccination against low pathogenic avian influenza to the Commission for approval. That plan is to be applied until 31 December 2014 (‘the preventive vaccination plan’).

Scientific opinions of the European Food Safety Authority in 2005^f8, 2007^f9 and 2008^f10 have confirmed that preventive vaccination is a valuable tool to complement control measures for avian influenza.

In addition in order to detect a potential silent virus circulation in vaccinated birds, surveillance and laboratory testing in the holding keeping the vaccinated mallard ducks and unvaccinated sentinel birds should be carried out as set out in the preventive vaccination plan including individual identification of that poultry.

It is also appropriate to introduce certain restrictions on the movement of vaccinated mallard ducks, their hatching eggs and mallard ducks derived from such ducks in accordance with the preventive vaccination plan. Due to the small number of mallard ducks present on the holding where preventive vaccination is to be carried out, as well as for reasons of traceability and logistics, vaccinated mallard ducks should not be moved from that holding, but killed after the end of their reproductive cycle in accordance with the requirements of Article 18 of Council Regulation (EC) No 1099/2009^f11 and safely disposed of in accordance with the requirements set out in Commission Regulation (EU) No 142/2011^f12.

Portugal has taken additional measures pursuant to Commission Decision 2006/605/EC^f13 for trade in poultry intended for restocking supplies of game.

To reduce the economic impact on the holding concerned, certain derogations from movement restrictions for mallard ducks derived from vaccinated mallard ducks should be allowed provided that such movements do not increase the risk for the spread of avian influenza and provided that official surveillance is carried out and that the specific animal health requirements for trade within the Union are complied with.

Considering the epidemiological situation as regards low pathogenic avian influenza in Portugal, the risk associated with the type of holding concerned and the limited scope of the preventive vaccination plan, the plan should be approved and implemented until 31 December 2014.

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: