(1)

Directive 2005/94/EC sets out certain preventive measures relating to the surveillance and the early 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.

(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 keep poultry intended for restocking supplies of game, an emergency vaccination plan was carried out pursuant to Commission Decision 2008/285/EC (2) and that disease was successfully eradicated. 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 Norte, Vila Nova da Barquinha were still exposed to the potential risk of avian influenza infection, in particular by possible indirect contact with wild birds (the holding).

(3)

Portugal therefore decided to continue vaccination against avian influenza as a long term measure by implementing a preventive vaccination plan on the holding which was approved by Commission Decision 2008/838/EC of 3 November 2008 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 (3). That Decision expired on 31 July 2009.

(4)

Portugal has reported on the implementation of that preventive vaccination plan to the Standing Committee on the Food Chain and Animal Health and expressed its intention to continue to implement preventive vaccination, if an appropriate vaccine should become available.

(5)

On 8 January 2010, Portugal submitted a preventive vaccination plan to the Commission for approval which is to be applied until 31 July 2011 (the preventive vaccination plan).

(6)

In its scientific opinions on the use of vaccination to control avian influenza issued by the European Food Safety Authority in 2005 (4), 2007 (5) and 2008 (6), the Animal Health and Welfare Panel stated that emergency and preventive vaccination against avian influenza is a valuable tool to complement the control measures for that disease.

(7)

In addition, the Commission has examined the preventive vaccination plan submitted by Portugal, and is satisfied that it conforms to the relevant Union legislation. In view of the epidemiological situation as regards low 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.

(8)

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 Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (7) 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 (8) should be used.

(9)

In addition, surveillance and laboratory testing in the holding keeping the vaccinated mallard ducks and in unvaccinated poultry holdings should be carried out as set out in the preventive vaccination plan.

(10)

It is also appropriate to introduce certain restrictions on the movement of vaccinated mallard ducks, their hatching eggs and mallard ducks derived from such ducks in accordance with the preventive vaccination plan. Due to the small number of mallard ducks present on the holding where preventive vaccination is to be carried out, as well as for reasons of traceability and logistics, vaccinated mallard ducks should not be 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 of animals at the time of slaughter or killing (9).

(11)

In relation to trade in poultry intended for restocking supplies of game, additional measures have been taken by Portugal pursuant to Commission Decision 2006/605/EC of 6 September 2006 on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies (10).

(12)

In order to reduce the economic impact on the holding concerned, certain derogations from movement restrictions for mallard ducks derived from vaccinated mallard ducks should be provided for, since such movements do not pose a specific risk for the spread of disease and provided that official surveillance is carried out and that the specific animal health requirements for trade within the Union are complied with.

(13)

The preventive vaccination plan should be approved so that it can be implemented until 31 July 2011. Accordingly, this Decision should apply until that date.

(14)

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)

marked individually;

(b)

not moved to other poultry holdings within Portugal; or

(c)

dispatched from Portugal.