2008/838/EC: Commission Decision of 3 November 2008 concerning preventive vaccination against low pathogenic avian influenza in mallard ducks in Portugal and certain measures restricting the movements of such poultry and their products (notified under document number C(2008) 6348)

Published date08 November 2008
Subject MatterVeterinary legislation
Official Gazette PublicationOfficial Journal of the European Union, L 299, 08 November 2008
L_2008299EN.01004001.xml
8.11.2008 EN Official Journal of the European Union L 299/40

COMMISSION DECISION

of 3 November 2008

concerning preventive vaccination against low pathogenic avian influenza in mallard ducks in Portugal and certain measures restricting the movements of such poultry and their products

(notified under document number C(2008) 6348)

(Only the Portuguese text is authentic)

(2008/838/EC)

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 (1), and in particular Article 57(2) thereof,

Whereas:

(1) Directive 2005/94/EC sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and increasing the level of the competent authorities’ and the farming community's awareness of, and preparation for, the risks of that disease.
(2) Since September 2007, outbreaks of low pathogenic avian influenza have occurred in certain poultry holdings in the central-western part of Portugal, in particular in holdings that keep poultry intended for re-stocking supplies of game.
(3) Portugal has taken measures in accordance with Directive 2005/94/EC to control the spread of that disease.
(4) A risk assessment carried out by Portugal identified that holdings keeping mallard ducks (Anas platyrhynchos) intended for re-stocking supplies of game (mallard ducks) could pose a significant and immediate threat of spreading avian influenza within Portugal or into other Member States. Portugal decided therefore to introduce emergency vaccination in order to contain the outbreak.
(5) Commission Decision 2008/285/EC (2) approved the emergency vaccination plan submitted by Portugal. That Decision also provided for certain measures to be applied in a holding where vaccinated mallard ducks are kept and in unvaccinated poultry holdings, including movement restrictions on vaccinated mallard ducks, their hatching eggs and mallard ducks hatched from such eggs in accordance with the approved vaccination plan.
(6) The implementation of the emergency vaccination plan applied by Portugal has been completed by 31 July 2008.
(7) In accordance with Article 8 of Decision 2008/285/EC, Portugal has submitted a report on the implementation of the emergency vaccination plan and has reported to the Standing Committee on the Food Chain and Animal Health.
(8) On the basis of the information provided by Portugal, it appears that the outbreak has been successfully contained.
(9) Based on a further risk assessment, Portugal deems that on the holding the high value mallard breeding ducks are still exposed to the potential risk of avian influenza infection, in particular by possible indirect contact with wild birds. Portugal has therefore decided to continue vaccination against avian influenza as a long-term measure by implementing a preventive vaccination plan on the holding at risk in the region of Lisboa e Vale do Tejo, Ribatejo Norte, Vila Nova da Barquinha that keeps such mallard ducks.
(10) Portugal has by letter dated 10 September 2008 submitted a preventive vaccination plan to the Commission for approval.
(11) According to that preventive vaccination plan, Portugal intends to introduce preventive vaccination which is to be applied until 31 July 2009.
(12) In its scientific opinions on the use of vaccination to control avian influenza issued by the European Food Safety Authority in 2005 (3), 2007 (4) and 2008 (5), 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.
(13) In addition, the Commission has examined the preventive vaccination plan submitted by Portugal, and is satisfied that it conforms with relevant Community legislation. In view of the epidemiological situation as regards low pathogenic avian influenza in Portugal, the type of holding to be vaccinated and the limited scope of the vaccination plan, it is appropriate to approve that preventive vaccination plan. The implementation of that preventive vaccination plan will also provide with further practical experience and knowledge on the efficacy of vaccine in mallard ducks.
(14) For the purposes of the preventive vaccination plan to be carried out by Portugal, only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and
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