(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal health and under certain circumstances to human health and also to reduce the profitability of poultry farming.

(2)

The highly pathogenic avian influenza A virus of subtype H5N1 has been isolated from poultry and wild birds in certain parts of the Community and in third countries. The likelihood of the spread of that virus to poultry flocks, in particular by wild birds, is increasing within the Community.

(3)

Early detection systems and biosecurity measures to reduce the risk of transmission of avian influenza to poultry flocks are in place in the whole territory of the Netherlands.

(4)

In its scientific opinions on avian influenza with respect to animal health and welfare aspects, the role of wild birds in the spread of avian influenza and on vaccination of poultry, captive birds and zoo birds against avian influenza, the Animal Health and Welfare Panel of the European Food Safety Authority (EFSA) recommended that preventive vaccination can be considered, if a high risk of virus introduction is identified in particular in densely populated poultry areas.

(5)

In addition, EFSA states that during an avian influenza epidemic there is always a significant risk that hobby and pet birds are hidden and constitute an ongoing risk of infection. This eventuality should be considered, and instead of the mass culling of such birds, a policy of increased surveillance and biosecurity may be recommended. Quarantine and preventive vaccination may also be considered as options for these types of birds. However, such a practice should not jeopardise the strict biosecurity and other measures that should be in force in such areas aimed at eradicating any introduction of the virus. In particular, preventive vaccination may be applied in flocks in which the general flock management systems that are used preclude birds being permanently housed indoors or sufficiently protected against contacts with wild birds.

(6)

Commission Decision 2006/147/EC of 24 February 2006 on introducing preventive vaccination against highly pathogenic avian influenza H5N1 and related provisions for movements in the Netherlands (2) approved the plan for preventive vaccination against highly pathogenic avian influenza H5N1, as submitted by the Netherlands to the Commission on 21 February 2006, and the amendments thereto, including the continuation of that plan until 31 July 2007 (‘the preventive vaccination plan’). It provides for certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for the introduction of infection by that disease, including movement restrictions on vaccinated poultry.

(7)

Given the experience gained with preventive vaccination under field conditions during the implementation of the preventive vaccination plan, it is appropriate to continue this pilot project in order to obtain further insight into the development and levels of bird immunity under a controlled setting.

(8)

For that purpose, the Netherlands submitted on 29 June 2007 an updated preventive vaccination plan which is to be applied until 31 July 2009. The Commission examined that updated plan in collaboration with the Netherlands and considers that, subject to certain adaptations, it complies with the relevant Community animal health legislation. Accordingly, the updated preventive vaccination plan should be approved.

(9)

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 (3) or Regulation (EC) 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 (4) should be used.

(10)

Where preventive vaccination is carried out in the Netherlands, monitoring of vaccinated and unvaccinated poultry flocks and movement restrictions for vaccinated birds should be implemented in order to prevent the eventual virus circulation in vaccinated flocks, if exposed to field virus.

(11)

In addition, certain restrictions should be placed on the movement of poultry and products thereof concerned by the preventive vaccination measures provided for in this Decision. Such restrictions should take into account the rules laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (7).

(12)

In the interests of clarity of Community legislation, Decision 2006/147/EC should be repealed.

(13)

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)

‘backyard poultry’ means chickens, turkeys and other species belonging to the Galliformes order and ducks, geese and other species belonging to the Anseriformes order which are kept by their owners:

(b)

‘organic’ and ‘free-range layers’ means:

(a)

to other holdings where preventive vaccination is carried out within the Netherlands;

(b)

to a slaughterhouse for immediate slaughter within the Netherlands; or

(c)

to a slaughterhouse in another Member State for immediate slaughter following the agreement of the Member State of destination.

(a)

the table eggs are derived from poultry which originate from holdings which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan, with particular attention being paid to sentinel birds; and

(b)

the table eggs are directly transported: