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Commission Decision of 21 December 2005 on introducing supplementary measures to control infections with low pathogenic avian influenza in Italy and repealing Decision 2004/666/EC (notified under document number C(2005) 5566) (Text with EEA relevance) (2005/926/EC) (repealed)

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Commission Decision

of 21 December 2005

on introducing supplementary measures to control infections with low pathogenic avian influenza in Italy and repealing Decision 2004/666/EC

(notified under document number C(2005) 5566)

(Text with EEA relevance)

(2005/926/EC) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular, Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular, Article 10(4) thereof,

Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(3), and in particular Article 16 thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(4), and in particular Articles 4(3) and 13(3) thereof,

Whereas:

(1) Under Commission Decision 2002/975/EC of 12 December 2002 on introducing vaccination to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures(5) a vaccination programme was carried out in parts of Northern Italy to control infections with low pathogenic avian influenza strain subtype H7N3. A differentiating infected from vaccinated animals (DIVA) strategy was applied by using a heterologous vaccine of H7N1 subtype, which allows differentiation between infected and vaccinated poultry.

(2) Under Commission Decision 2004/666/EC of 29 September 2004 on introducing vaccination to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures and repealing Decision 2002/975/EC(6) a new vaccination programme was approved in a smaller area of Italy compared to the previous vaccination campaign under Decision 2002/975/EC. The new programme is carried out with a bivalent vaccine containing both avian influenza subtypes H5 and H7. This kind of vaccination is carried out until at least 31 December 2005. That Decision also provides for a prohibition on intra-Community trade in live poultry and hatching eggs coming from and/or originating from the vaccination area and conditions for intra-Community trade in fresh meat originating from vaccinated poultry in accordance with article 3 of Decision 2004/666/EC.

(3) The results of the vaccination programme, as provided for in Decision 2004/666/EC and reported at several meetings of the Standing Committee on the Food Chain and Animal Health, were generally favourable.

(4) As a result of the favourable situation within the vaccination area provided for in Decision 2004/666/EC and in the light of the increased experience on the application of vaccination, dispatch of slaughter poultry, hatching eggs and day-old chicks from Italy should be permitted if certain conditions are fulfilled.

(5) In the light of the particular risk of introduction of avian influenza in the areas of Italy in question, and the submission by Italy of an amended vaccination programme by the letter dated 23 June 2005 for approval, it appears appropriate to continue vaccination in the areas at higher risk of disease introduction. Furthermore, an intensive monitoring and surveillance should be performed both in the vaccination area and in its surroundings.

(6) Special sampling and testing procedures should also be applicable to slaughter poultry.

(7) In the interests of clarity of Community legislation, it is appropriate to repeal Decision 2004/666/EC and replace it by this Decision.

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

HAS ADOPTED THIS DECISION:

(1)

OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004, p. 12).

(2)

OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3)

OJ L 167, 22.6.1992, p. 1. Directive as last amended by 2003 Act of Accession.

(5)

OJ L 337, 13.12.2002, p. 87. Decision as last amended by Decision 2004/159/EC (OJ L 50, 20.2.2004, p. 63).

(6)

OJ L 303, 30.9.2004, p. 35. Decision as amended by Decision 2005/10/EC (OJ L 4, 6.1.2005, p. 15).

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