(1)

Directive 2005/94/EC sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds.

(2)

Directive 2005/94/EC also lays down rules for the introduction of preventive vaccination against avian influenza of poultry and other captive birds, such as other captive birds kept in zoos and approved bodies, institutes or centres, and provides for detailed rules thereof to be established by the Commission. That Directive also provides for the submission by the Member States to the Commission for approval of their preventive vaccination plans for poultry or other captive birds.

(3)

Commission Decision 2006/474/EC of 6 July 2006 concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC (3) lays down rules to prevent the spread of avian influenza caused by highly pathogenic influenza A virus of subtype H5N1 from birds living in the wild to birds kept in zoos and approved bodies, institutes or centres. It also lays down rules for the vaccination of birds kept in zoos and approved bodies, institutes or centres and provides for detailed rules for the submission by the Member States to the Commission of their vaccination plans.

(4)

For the purposes of such preventive vaccination, only 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 (4) or Regulation 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 (5) should be used.

(5)

Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (6) defines zoos which are covered by that Directive. In the interests of consistency of Community legislation, that definition should be taken into account for the purposes of this Decision.

(6)

Pursuant to Decision 2006/474/EC, the Commission has approved 17 preventive vaccination plans against avian influenza for birds kept in zoos submitted by Member States. Vaccination plans have been implemented by 14 Member States. In general no adverse reactions in almost 45 000 vaccinated birds have been observed and most bird species have produced a significant immune response following two administrations of the vaccines.

(7)

In addition, experience gained during the latest vaccination campaign and the opinions of the Scientific Panel on Animal Health and Animal Welfare of the European Food Safety Authority of 1 February 2007 on preventive vaccination of zoo birds against avian influenza of H5 and H7 subtypes and of 11 May 2007 on vaccination in domestic poultry and captive birds, demonstrate that it is appropriate to extend the scope of the preventive vaccination plans to any highly pathogenic avian influenza of the H5 and H7 subtypes, thereby taking into account the risks posed by wild migratory birds proceeding from areas where avian influenza cases in wild birds or outbreaks in poultry occur and in the event an outbreak in poultry occurs in the same Member State, a neighbouring Member State or a third country that is liable to endanger the health status of birds kept in zoos and approved bodies, institutes or centres.

(8)

Furthermore the administrative requirements for approval and implementation of preventive vaccination plans should be amended, provided they do not endanger disease control. Accordingly, requirements which ease the administrative burden should be taken into account in the present Decision.

(9)

It is further appropriate to consider certain preventive vaccination plans that have been approved pursuant to Decision 2006/474/EC as approved for the purposes of the present Decision. Accordingly, such plans should be listed in Annex III to the present Decision.

(10)

Since the date of adoption of Decision 2006/474/EC, certain Member States have submitted preventive vaccination plans for approval in accordance with the requirements of that Decision. Those Member States have been informed of the requirements set out in the present Decision. As those plans also comply with the requirements of the present Decision, they should be approved and listed in Annex III hereto.

(11)

For the sake of clarity it is appropriate to repeal Decision 2006/474/EC and replace it by this Decision.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)

to be applied in order to prevent the spread of highly pathogenic avian influenza virus from birds living in the wild or from outbreaks in poultry or other captive birds, to other captive birds kept in zoos and approved bodies, institutes or centres;

(b)

for the preventive vaccination of other captive birds kept in zoos and approved bodies, institutes or centres.

(a)

the definitions in Article 2 of Directive 2005/94/EC;

(b)

the definition of zoos in Article 2 of Directive 1999/22/EC;

(c)

the definition of approved bodies, institutes or centres in Article 2(1)(c) of Directive 92/65/EEC.