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 or other captive birds as a long-term measure to control that disease where, on the basis of a risk assessment, they deem that certain parts of their territory, types of poultry husbandry or certain categories of poultry or other captive birds are exposed to the risk of avian influenza.

In accordance with Article 52(1)(c) of that Directive, only vaccines 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 are to be used for vaccination of poultry or other captive birds against avian influenza.

Low pathogenic avian influenza has been eradicated in Portugal. However, according to the results of a risk assessment, high value mallard breeding ducks kept in 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.

Therefore, Portugal submitted to the Commission for approval successive plans for preventive vaccination against low pathogenic avian influenza, the most recent of which was approved by Commission Implementing Decision 2013/651/EU^f4 and implemented by Portugal until 31 July 2014.

As provided for by that Implementing Decision, Portugal submitted a report on the implementation of that plan to the Standing Committee on Plants, Animals, Food and Feed. 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.

Scientific opinions of the European Food Safety Authority in 2005^f5, 2007^f6 and 2008^f7 have confirmed that preventive vaccination is a valuable tool to complement control measures for avian influenza.

On 1 February 2015, 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 2020 (‘the preventive vaccination plan’).

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, that plan should be approved and implemented until 31 December 2020.

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

It is also appropriate to introduce certain restrictions on the movement and dispatch 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 Article 18 of Council Regulation (EC) No 1099/2009^f8 and safely disposed of in accordance with the requirements set out in Commission Regulation (EU) No 142/2011^f9.

Portugal has taken additional measures pursuant to Commission Decision 2006/605/EC^f10 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 parent 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.

In order for the Commission and other Member States to monitor the implementation of the preventive vaccination plan by Portugal, it is appropriate for Portugal to provide regular updates to the Standing Committee on Plants, Animals, Food and Feed.

Given that the plan should be approved for several years, Portugal might need to make certain adjustments to the preventive vaccination plan, such as the number of mallards to be vaccinated or the type of vaccine to be used, as well as a premature ending of vaccination. The present Decision should therefore foresee an obligation for Portugal to inform the Commission of such planned adjustments to which the Commission may either agree to without a necessary reapproval of the plan or for which a new approval procedure should be required.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION: