HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 50/46
EN
Official Journal of the European Union
23.2.2012
COMMISSION IMPLEMENTING DECISION
of 10 February 2012
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 C(2012) 676)
(Only the Portuguese text is authentic)
(Text with EEA relevance)
(2012/110/EU)
THE EUROPEAN COMMISSION,
(4) Portugal
therefore
submitted
a
preventive
vaccination
plan against avian influenza to be carried out as a long
term measure until 31 July 2009 which was approved by
Commission Decision 2008/838/EC of 3 November
Having regard to the Treaty on the Functioning of the European
2008 concerning preventive vaccination against low
Union,
pathogenic avian influenza in mallard ducks in Portugal
and certain measures restricting the movements of such
poultry and their products ( 3 ). A further preventive vacci
nation plan approved by Commission Decision
Having regard to Council Directive 2005/94/EC of
2010/189/EU of 29 March 2010 concerning preventive
20 December 2005 on Community measures for the control
vaccination against low pathogenic avian influenza in
of avian influenza and repealing Directive 92/40/EEC ( 1 ), and in
mallard ducks in Portugal and certain measures
particular Article 57(2) thereof,
restricting the movements of such poultry and their
products ( 4 ) was implemented by Portugal until 31 July
2011.
Whereas:
(5) In
accordance
with
Article
8
of
Decision
2010/189/EU
Portugal has submitted a report on the implementation
(1) Directive
2005/94/EC
sets
out
certain
preventive
of the preventive vaccination plan to the Standing
measures relating to the surveillance and the early
Committee on the Food Chain and Animal Health.
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.
(6) On
28
November
2011,
Portugal
submitted
a
new
preventive vaccination plan to the Commission for
approval which is to be applied until 31 July 2013
(‘the preventive vaccination plan’).
(2) 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
(7)
In its scientific opinions on the use of vaccination to
keep poultry intended for re-stocking supplies of game,
control avian influenza issued by the European Food
an emergency vaccination plan was carried out pursuant
Safety Authority in 2005 (
to Commission Decision 2008/285/EC of 19 March

5 ), 2007 ( 6 ) and 2008 ( 7 ), the
Animal Health and Welfare Panel stated that emergency
2008 concerning emergency vaccination against low
and preventive vaccination against avian influenza is a
pathogenic avian influenza in mallard ducks in Portugal
valuable tool to complement the control measures for
and certain measures restricting the movements of such
that disease.
poultry and their products ( 2 ) and that disease was
successfully eradicated.
(8)
In addition, the Commission has examined the preventive
vaccination plan submitted by Portugal which concerns
(3) However,
based
on
a
risk
assessment
it
was
decided
that
high value mallard breeding ducks kept on one holding
(
located in the region of Lisboa e Vale do Tejo, Ribatejo

3 ) OJ L 299, 8.11.2008, p. 40.
( 4 ) OJ L 83, 30.3.2010, p. 62.
Norte, Vila Nova da Barquinha continued to be exposed
( 5 ) EFSA Journal (2005) 266, 1-21; Scientific opinion on animal health
to the potential risk of avian influenza infection, in
and welfare aspects of avian influenza.
particular by possible indirect contact with wild birds
( 6 ) EFSA Journal (2007) 489, Scientific opinion on vaccination against
(‘the holding’).
avian influenza of H5 and H7 subtypes in domestic poultry and
captive birds.
( 7 ) EFSA Journal (2008) 715, 1-161, Scientific opinion on animal health
( 1 ) OJ L 10, 14.1.2006, p. 16.
and welfare aspects of avian influenza and the risks of its intro
( 2 ) OJ L 92, 3.4.2008, p. 37.
duction into the EU poultry holdings.

---

EN
23.2.2012 Official
Journal
of
the
European
Union L
50/47
the holding mentioned above, and is satisfied that the
carried out and that the specific animal health
plan conforms to the relevant Union legislation. In
requirements for trade within the Union are complied
view of the epidemiological situation as regards low
with.
pathogenic avian influenza in Portugal, the type of
holding to be vaccinated and the limited scope of the
preventive vaccination plan, it should be approved.
(14) The
preventive
vaccination
plan
should
be
approved
so
that it can be implemented until 31 July 2013. Accord
ingly, this Decision should apply until that date.
(9)
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
(15) The
measures provided for in this Decision are in
Parliament and of the Council of 6 November 2001 on
accordance with the opinion of the Standing
the Community code relating to veterinary medicinal
Committee on the Food Chain and Animal Health,
products ( 1 ) or Regulation (EC) No 726/2004 of the
European Parliament and of the Council of 31 March
2004 laying down Community procedures for the auth
HAS ADOPTED THIS DECISION:
orisation and supervision of medicinal products for
human and veterinary use and establishing a European
Medicines Agency ( 2 ) should be used.
Article 1
Subject matter and scope
(10) In
addition,
surveillance
and
laboratory
testing
in
the
1. This
Decision
lays
down
certain
measures
to
be
applied
in
holding keeping the vaccinated mallard ducks and unvac
Portugal where preventive vaccination of mallard ducks (Anas
cinated sentinel birds should be carried out as set out in
platyrhynchos) intended for re-stocking supplies of game (‘mallard
the preventive vaccination plan.
ducks’) is carried out in a holding, which is exposed to the risk
of avian influenza.
(11) It
is
also
appropriate
to
introduce
certain
restrictions
on
Those measures include certain restrictions on the movement
the movement of vaccinated mallard ducks, their
within and dispatch from Portugal of the vaccinated mallard
hatching eggs and mallard ducks derived from such
ducks, their hatching eggs and mallard ducks derived thereof.
ducks in accordance with the preventive vaccination
plan. Due to the small number of mallard ducks
present on the holding where preventive vaccination is
2. This
Decision
shall
apply
without
prejudice
to
the
to be carried out, as well as for reasons of traceability
protection measures to be taken by Portugal in accordance
and logistics, vaccinated mallard ducks should not be
with Directive 2005/94/EC and Decision 2006/605/EC.
moved from that holding, but killed after the end of
their reproductive cycle in accordance with the
requirements of Article 10(1) of Council Directive
93/119/EEC of 22 December 1993 on the protection
Article 2
of animals at the time of slaughter or killing. ( 3 )
Approval of the preventive vaccination plan
1. The plan for preventive vaccination against low
pathogenic avian influenza in Portugal, as submitted by
(12) In
relation
to
trade
in
poultry
intended
for
re-stocking
Portugal to the Commission on 28 November 2011, to be
supplies of game, additional measures have been taken
implemented on a holding in the region of Lisboa e Vale do
by Portugal pursuant to Commission Decision
Tejo, Ribatejo Norte, Vila Nova da Barquinha until 31 July 2013
2006/605/EC of 6 September 2006 on certain
(‘the preventive vaccination plan’) is approved.
protection measures in relation to intra-Community
trade in poultry intended for re-stocking of wild game
supplies ( 4 ).
2. The
Commission
shall
publish
the
preventive
vaccination
plan.
(13) In order to reduce the economic impact on the holding
concerned, certain derogations from movement
Article 3
restrictions for mallard ducks derived from vaccinated
Conditions for implementing the preventive vaccination
mallard ducks should be provided for, since such
plan
movements do not pose a specific risk for the spread
of disease and provided that official surveillance is
1. Portugal
shall
ensure
that
the
mallard
ducks
are
vacci
nated, in accordance with the preventive vaccination plan,
with a monovalent inactivated vaccine containing the avian
( 1 ) OJ L 311, 28.11.2001, p. 1.
influenza subtype H5 authorised by that Member State in
( 2 ) OJ L 136, 30.4.2004, p. 1.
( 3 ) OJ L 340, 31.12.1993, p. 21.
accordance with Directive 2001/82/EC or Regulation (EC) No
( 4 ) OJ L 246, 8.9.2006, p. 12.
726/2004.

---

L 50/48
EN
Official Journal of the European Union
23.2.2012
2. Portugal
shall
ensure
that
surveillance
and
laboratory (b) dispatched from Portugal provided that:
testing of the holding keeping the vaccinated mallard ducks
and unvaccinated sentinel ducks, as set out in the preventive
(i) the results of the surveillance and laboratory tests as set
vaccination plan, is carried out.
out in the preventive vaccination plan, are favourable;
and
3. Portugal
shall
ensure
that
the
preventive
vaccination
plan
is implemented efficiently.
(ii) the conditions for dispatch of poultry for re-stocking
supplies of wild game laid down in Decision
Article 4
2006/605/EC are met.
Marking and restrictions on the movement and dispatch
Article 7
and disposal of vaccinated mallard ducks
Health certification for trade within the Union in mallard
The competent authority shall ensure that vaccinated mallard
ducks derived from vaccinated mallard ducks
ducks on the holding referred to in Article 2(1) are:
Portugal shall ensure that health certificates for trade within the
Union in poultry intended for re-stocking supplies of game
(a) marked individually;
referred to in Article 6(2)(b) include the following sentence:
(b) not moved to other poultry holdings within Portugal; or
‘The animal health conditions of this consignment are in
accordance with Commission Implementing Decision
(c) dispatched from Portugal.
2012/110/EU (*).
After their reproductive period, such ducks shall be killed on
___________
the holding referred to in Article 2(1) of this Decision, in
(*) OJ L 50, 23.2.2012, p. 46.’.
accordance with the requirements in Article 10(1) of Directive
93/119/EEC, and their carcases safely disposed of.
Article 8
Article 5
Reports
Restrictions on the movement and dispatch of hatching
Portugal shall submit to the Commission a report on the imple
eggs derived from mallard ducks on the holding referred
mentation of the preventive vaccination plan within one month
to in Article 2(1)
from the date of application of this Decision and report every
The competent authority shall ensure that hatching eggs derived
six months thereafter at the Standing Committee on the Food
from mallard ducks on the holding referred to in Article 2(1)
Chain and Animal Health thereafter.
may only be moved to a hatchery within Portugal and not
dispatched from Portugal.
Article 9
Applicability
Article 6
This Decision shall apply until 31 July 2013.
Restrictions on the movement and dispatch of mallard
ducks derived from vaccinated mallard ducks
Article 10
1. The
competent
authority
shall
ensure
that
mallard
ducks
Addressee
derived from the vaccinated mallard ducks may only be moved
after hatching to a holding located in a surrounding area estab
This Decision is addressed to the Portuguese Republic.
lished by Portugal in relation to the holding referred to in
Article 2(1) as set out in the preventive vaccination plan.
Done at Brussels, 10 February 2012.
2. By
way
of
derogation
from
paragraph
1,
and
provided
that the mallard ducks derived from the vaccinated mallard
ducks are more than four month old, they may be:
For the Commission
John DALLI
(a) released into the wild in Portugal; or
Member of the Commission

---

Document Outline

• �

---