Council Directive 2005/94/ECShow full title

SECTION 2 Emergency vaccination

Article 53 Emergency vaccination in poultry or other captive birds

1. A Member state may introduce emergency vaccination in poultry or other captive birds as a short term measure to contain an outbreak when a risk assessment indicates there is a significant and immediate threat of avian influenza spreading within or into the Member State concerned in accordance with this Section where there is one or more of the following:

(a) an outbreak within that Member State;

(b) an outbreak in a nearby Member State; or

(c) where avian influenza has been confirmed in poultry or other captive birds in a nearby third country.

2. Where a Member State intends to introduce emergency vaccination, as provided for in paragraph 1, it shall submit an emergency vaccination plan to the Commission for its approval.

That plan shall be in accordance with a DIVA strategy and contain at least the following information:

(a) the disease situation which has led to the application for emergency vaccination;

(b) the geographical area in which emergency vaccination is to be carried out and the number of holdings in that area and the number of holdings to be vaccinated if different;

(c) the species and categories of poultry or other captive birds or, if appropriate, the poultry or other captive birds compartment to be vaccinated;

(d) the approximate number of poultry or other captive birds to be vaccinated;

(e) the summary of the vaccine characteristics;

(f) the envisaged duration of the emergency vaccination campaign;

(g) the specific provisions on the movements of vaccinated poultry or other captive birds which shall be without prejudice to the measures provided for in Sections 3, 4 and 5 of Chapter IV and Section 3 of Chapter V;

(h) the criteria for deciding if emergency vaccination is to be applied in contact holdings;

(i) the record keeping and registration of the vaccinated poultry or other captive birds;

(j) clinical and laboratory tests to be carried out in the holdings where emergency vaccination is to be carried out and in other holdings located in the emergency vaccination area in order to monitor the epidemiological situation, the effectiveness of the emergency vaccination campaign and the control of movements of vaccinated poultry or other captive birds.

3. Detailed rules for emergency vaccination may be established in accordance with the procedure referred to in Article 64(2).

Article 54 Approval of emergency vaccination plans

1. The Commission shall immediately examine the emergency vaccination plan, as provided for in Article 53(2), together with the Member State concerned and shall review the situation in the Committee as soon as possible.

2. The emergency vaccination plan shall be approved in accordance with the procedure referred to in Article 64(3).

The approval of the emergency vaccination plan may include measures restricting the movements of poultry or other captive birds and their products. Those measures may include restrictions concerning specific poultry compartments and other captive birds compartments and the establishment of restricted zones.

Article 55 Derogations

1. By way of derogation from Article 54, Member States may apply emergency vaccination before approval of the emergency vaccination plan, subject to the following conditions:

(a) the Commission is notified of the emergency vaccination plan and the decision to apply emergency vaccination before the commencement of the emergency vaccination;

(b) the Member State concerned prohibits the movement of poultry or other captive birds and their products except under the conditions provided for in Annex IX;

(c) the decision to apply emergency vaccination does not endanger disease control.

2. When a Member State applies the derogation provided for in paragraph 1, the disease situation and the emergency vaccination plan shall be reviewed in the Committee as soon as possible.

3. The measures applied may be approved or changed in accordance with the procedure referred to in Article 64(3).