Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza
Modified by
- Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08) Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
- Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
- Council Regulation (EC) No 806/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority), 32003R0806, May 16, 2003
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
- Council Directive 2005/94/ECof 20 December 2005on Community measures for the control of avian influenza and repealing Directive 92/40/EEC, 32005L0094, January 14, 2006
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(a) infected poultry shall mean any poultry:-
in which the presence of avian influenza, within the meaning of Annex I, has been officially confirmed following an examination by an approved laboratory, or in the case of second and subsequent outbreaks, in which clinical signs or post-mortem lesions consistent with avian influenza are present;
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(b) poultry suspected of being infected shall mean any poultry showing clinical signs or post-mortem lesions which are such that the presence of avian influenza may reasonably be suspected or any poultry in which the presence of influenza A virus of subtype H5 or H7 has been demonstrated;(c) poultry suspected of being contaminated shall mean any poultry which may have been directly or indirectly exposed to the avian influenza virus, or influenza A virus of H5 subtype or H7 subtype;(d) competent authority shall mean the competent authority within the meaning of Article 2 (6) of Directive 90/425/EEC ;Council Directive 90/425/EEC of 26 June 1990 ( OJ No L 224, 18. 8. 1990, p. 29 ); last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56 ).(e) official veterinarian shall mean the veterinarian designated by the competent authority.
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(a) a record be made of all categories of poultry on the holding showing in respect of each of the categories the numbers of poultry which have died, which show clinical signs, and which show no signs. The record shall be kept up-to-date to include birds born or dying during the period in which there is a suspicion. The data in the record shall be kept up-to-date and be produced on request, and may be checked at each visit; (b) all poultry on the holding are kept in their living quarters or confined in some other place where they can be isolated and without contact with other poultry; (c) no poultry enter or leave the holding; (d) all movement -
of persons, other animals and vehicles to or from the holding, of poultry meat or carcases, or of animal feed, implements, waste, droppings, manure litter or anything liable to transmit avian influenza be subject to authorization by the competent authority;
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(e) eggs shall leave the holding with the exception of eggs sent directly to an establishment approved for the manufacture and/or processing of egg products under Article 6 (1) of Directive 89/437/EEC , and transported under an authorization which has been granted by the competent authority. Such authorization must meet the requirements laid down in Annex I;OJ No L 212, 22. 7. 1989, p. 87 . Directive as amended by Directive 89/662/EEC (OJ No L 395, 30. 12. 1989, p. 13 ).(f) appropriate means of disinfection be used at the entrances and exits of buildings housing poultry and of the holding itself; (g) an epizootiological inquiry be carried out in accordance with Article 7.
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(a) all poultry on the holding shall without delay be killed on the spot. The poultry which have died or been killed and all eggs shall be destroyed. These operations shall be carried out in a way which minimizes the risk of spreading disease; (b) any substance or waste, such as animal feed, litter or manures liable to be contaminated, shall be destroyed or treated appropriately. This treatment, carried out in accordance with the instructions of the official veterinarian, shall ensure the destruction of any avian influenza virus present; (c) where poultry from the holding have been slaughtered during the presumed incubation period of disease the meat from those poultry shall wherever possible be traced and destroyed; (d) hatching eggs laid during the presumed incubation period which have been moved from the holding shall be traced and destroyed; but poultry which have already hatched from the eggs shall be placed under official surveillance; table eggs laid during the presumed incubation period which have been moved from the holding shall whereever possible be traced and destroyed, unless they have previously been properly disinfected; (e) after carrying out operations listed in subparagraphs (a) and (b) the buildings used for housing poultry, their surroundings, the vehicles used for transport and all equipment likely to be contaminated shall be cleaned and disinfescted in accordance with the provisions of Article 11; (f) no poultry shall be reintroduced to the holding until at least 21 days after completion of operations provided for in subparagraph (e); (g) an epizootiological inquiry shall be carried out in accordance with Article 7.
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the length of time during which avian influenza may have existed on the holding, the possible origin of the avian influenza on the holding and the identification of other holdings on which there are poultry which may have become infected or contaminated from the same source, the movement of persons, poultry or other animals, vehicles, eggs, meat and carcases and any implement or substance likely to have carried avian influenza virus to or from the holding in question.
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(a) the identification of all holdings having poultry whithin the zone; (b) periodic visits to all the holdings having poultry, a clinical examination of those poultry including, if necessary, the collection of samples for laboratory examination; a record of visits and findings must be kept; (c) the keeping of all poultry in their living quarters or some other place where they can be isolated; (d) the use of appropriate means of disinfection at the entrances and exits of the holding; (e) the control of movements of persons handling poultry, poultry carcases and eggs and vehicles carrying poultry, carcases and eggs within the zone; in general, transport of poultry shall be prohibited, except for transit by major highways or railways; (f) a prohibition on removing poultry and hatching eggs from the holding on which they are kept unless the competent authority has authorized the transport; -
(i) of poultry for immediate slaughter to a slaughterhouse preferably located in the infected area or, if that is not possible, to a slaughterhouse designated by the competent authority outside the infected area. The special health mark provided for in Article 5 (1) of Directive 91/494/EEC must be applied to this poultrymeat;OJ No L 268, 24. 9. 1991, p. 35 . (ii) of day-old chicks or ready-to-lay pullets to a holding within the surveillance zone at which there are no other poultry. This holding must be placed under the official control provided for in Article 8 (2); (iii) of hatching eggs to a hatchery designated by the competent authority; before dispatch, eggs and their packing must be disinfected. Movements allowed in (i), (ii) and (iii) shall be directly executed, under official control. They shall be authorized only after the official veterinarian has carried out a health inspection of the holding. The means of transport used must be cleaned and disinfected before and after use;
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(g) a prohibition on removing or spreading used litter or poultry manure without authorization; (h) the prohibition of fairs, markets, shows or other gatherings of poultry or other birds.
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(a) the identification of all holdings having poultry within the zone; (b) the control of poultry and hatching egg movement within the zone; (c) a prohibition on the movement of poultry out of the zone during the first 15 days, except for movement directly to a slaughterhouse outside the surveillance zone designated by the competent authority. The special health mark provided for in Article 3 of Directive 91/494/EEC must be applied to this poultry meat; (d) a prohibition on the movement of hatching eggs out of the surveillance zone unless to a hatchery designated by the competent authority. Before dispatch the eggs and their packing must be disinfected; (e) a prohibition on the movement of used litter or poultry manure out of the zone; (f) a prohibition of fairs, markets, shows or other gatherings of poultry and other birds; (g) without prejudice to the provisions of (a) and (b), the prohibition of transport of poultry except for transit by major highways or railways.
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(a) the competent authority determines the arrangements allowing them to trace the movement of eggs and poultry; (b) the owner or keeper of poultry is required to supply the competent authority, in response to any request by that authority, with information concerning poultry and eggs entering or leaving his holding; (c) all persons engaged in the transport or marketing of poultry and eggs are able to supply the competent authority with information concerning the movements of poultry and eggs which they have transported or marketed and to furnish all the details concerning such information.
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(a) the disinfectants to be used and their concentrations are officially approved by the competent authority; (b) the cleaning and disinfection operations are carried out under official supervision, in accordance with: -
(i) instructions given by the official veterinarian, (ii) the procedure for cleaning and disinfecting an infected holding, as laid down in Annex II.
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(a) a national laboratory at which facilities and expert personnel shall be maintained to permit assessment of the pathogenicity of influenza virus isolates, in accordance with Annex III, Chapter 7, and identification of influenza A viruses of H5 or H7 subtypes; (b) a national laboratory at which reagents for use in regional laboratories are tested; (c) a national institute or laboratory at which authorized vaccines may be tested in order to verify their conformity with the specifications laid down in the marketing authorization.
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(a) they may provide diagnostic reagents to national laboratories; (b) they shall control the quality of all diagnostic reagents used in that Member State; (c) they shall arrange comparative tests periodically; (d) they shall hold isolates of avian influenza virus from cases confirmed in that Member State; (e) they shall ensure the confirmation of positive results obtained in regional diagnostic laboratories.
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(a) the decision to introduce vaccination to supplement control measures shall be taken by the Commission in collaboration with the Member State concerned, acting in accordance with the procedure laid down in Article 21. This decision shall have particular regard to: -
the concentration of poultry in the affected area, the characteristics and composition of the vaccine to be used, the procedures for supervision of the distribution, storage and use of vaccines, the species and categories of poultry which shall be subject to vaccination, the areas in which vaccination shall be carried out.
However, by way of derogation from the first subparagraph, the decision to introduce emergency vaccination around the outbreak may be taken by the Member State concerned, following notification to the Commission, provided the fundamental interests of the Community are not jeopardized. Such decision will be re-examined immediately within the Standing Veterinary Committee in accordance with the procedure provided for in Article 21; -
(b) where a Member State is authorized, in accordance with point (a), to have recourse to emergency vaccination on a limited part of its territory the status of the remainder of the territory shall not be affected, provided that the immobilization measures for the vaccinated animals are effective during a period to be determined in accordance with the procedure laid down in Article 21.
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1. in order to be allowed to be removed from a suspect undertaking, eggs must: -
(a) comply with the requirements laid down in Chapter IV of the Annex to Directive 89/437/EEC; (b) be sent directly from the suspect undertaking to the designated establishment; each consignment must be sealed before dispatch by the official veterinarian of the suspect holding and must remain sealed throughout transport to the designated establishment;
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2. the official veterinarian of the suspect undertaking shall inform the competent authority of the designated establishment of this intention of sending eggs to it; 3. the competent authority responsible for the designated establishment shall ensure that: -
(a) eggs referred to in 1 (b) will be kept isolated from other eggs from the time they arrive until they are processed; (b) the shells of such eggs shall be regarded as high-risk material in accordance with Article 2 (2) of Directive 90/667/EEC and shall be dealt with in accordance with the requirements of Chapter II of that Directive;OJ No L 363, 27. 12. 1990, p. 51 .(c) the packaging material, the vehicles used to transport eggs referred to in 1 (b) and all premises with which the eggs come into contact are cleaned and disinfected in such a way as to destroy all avian influenza virus; (d) the official veterinarian of the suspect holding shall be informed of all consignments of processed eggs.
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(a) As soon as the carcases of the poultry have been removed for disposal, those parts of the premises in which the poultry was housed and any parts of other buildings, yards etc. contaminated during slaughter or post-mortem examination should be sprayed with disinfectants approved for use in accordance with Article 11 of this Directive. (b) Any tissue of poultry or eggs which could have contaminated buildings, yards, utensils etc. should be carefully collected and disposed of with the carcases. (c) The used disinfectant must remain on the surface for at least 24 hours.
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(a) Grease and dirt should be removed from all surfaces by the application of a degreasing agent and washed with water, (b) After washing with water as described in (a), further spraying with disinfectant should be applied, (c) After seven days the premises should be treated with a degreasing agent, rinsed with cold water, sprayed with disinfectant and rinsed again with water. (d) Used litter and manure must be treated by a method capable of killing the virus. This method must comprise one of the following practices: -
(i) incineration or steam treatment at a temperature of 70° C; (ii) burying deep enough to prevent access by vermin and wild birds; (iii) stacking and dampening (if necessary to facilitate fermentation), covering to keep in the heat so that a temperature of 20° C is attained and leaving covered for 42 days so as to prevent access by vermin and wild birds.
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(i) confirm that the isolate is an influenza A virus using an immunodoublediffusion test to detect group antigens as described in Chapter 9 (immunofluorescence or ELISA techniques to detect group antigens may be used if preferred by the national laboratory); (ii) determine whether or not the isolate is of H5 or H7 subtype; (iii) carry out an intravenous pathogenicity index test in six-week-old chickens as described in Chapter 7. Intravenous pathogenicity indices of greater than 1.2 indicate the presence of virus requiring a full implementation of control measures (it would be a useful exercise if national Laboratories also carried out tests to determine the capacity of an isolate to produce plaques in cell cultures as specified in Chapter 8).
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(a) Samples Blood samples should be taken from all birds if the flock size is less than 20 and from 20 birds from larger flocks (this will give a 99 % probability of detecting at least one positive serum if 25 % or more of the flock is positive, regardless of flock size). The blood should be allowed to clot and serum removed for testing. (b) Examination for antibodies Individual serum samples should be tested for their ability to inhibit influenza virus haemagglutinating antigen in standard haemagglutination inhibition tests as defined in Chapter 6. There is some debate as to whether 4 or 8 haemagglutinin units should be used for the H1 tests. It would appear that either is valid and the choice should be left to the discretion of the national laboratories. However, the antigen used will affect the level at which a serum is considered positive; — for 4 HAU a positive serum is any showing a titre of 2 4 or greater, for 8 HAU a positive serum is any showing a titre of 23 or greater.
Clinical Signs | Day after inoculation | Total Score | |||||||||
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1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | ||
Normal | 2 | 0 | 0 | 12 × 0 = 0 | |||||||
Sick | 4 | 2 | 0 | 6 × 1 = 6 | |||||||
Severely sick |
2 | 2 | 2 | 6 × 2 = 12 | |||||||
Dead | 2 | 6 | 8 | 76 × 3 = 228 | |||||||
Total = 246 | |||||||||||
Belgium | |
Denmark | |
Germany | |
France | |
Greece | |
Ireland | |
Italy | |
Luxembourg | |
Netherlands | |
Portugal | |
Spain | |
United Kingdom | |
Austria | Bundesanstalt für Virusseuchenbekämpfung bei Haustieren, Wien-Hetzendorf |
Finland | |
Sweden | Statens veterinärmedicinska anstalt, Uppsala |
Czech Republic | |
Estonia | |
Cyprus | |
Latvia | |
Lithuania | |
Hungary | |
Malta | |
Poland | |
Slovenia | |
Slovakia |
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1. to coordinate, in consultation with the EC Commission, the methods employed in the Member States for diagnosing avian influenza. Specifically by: -
(a) typing, storing and supplying strains of avian influenza virus for serological tests and the preparation of antisera; (b) supplying standard sera and other reference reagents to the National Reference Laboratories in order to standardize the tests and reagents used in the Member States; (c) building up and retaining a collection of avian influenza virus strains and isolates; (d) organizing periodical comparative tests of diagnostic procedures at Community level; (e) collecting and collating data and information on the methods of diagnosis used and the results of tests carried out in the Community; (f) characterizing isolates of avian influenza viruses by the most up-to-date methods available to allow greater understanding of the epizootiology of avian influenza and to gain an insight into the epizootiology of the virus and the emergence of highly pathogenic and potentially pathogenic strains; (g) keeping abreast of developments in avian influenza surveillance, epizootiology and prevention throughout the world; (h) retaining expertise on avian influenza virus and other pertinent viruses to enable rapid differential diagnosis; (i) acquiring a thorough knowledge of the preparation and use of the products of veterinary immunology used to eradicate and control avian influenza;
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2. to actively assist in the diagnosis of avian influenza outbreaks in Member States by receiving virus isolates for confirmatory diagnosis, characterization and epizootiological studies. In particular, the laboratory should be able to carry out nucleotide sequencing analysis to allow determination of the deduced amino acid sequence at the cleavage site of the haemagglutin molecule of avian influenza viruses of H5 or H7 subtpye, 3. to facilitate the training or retraining of experts in laboratory diagnosis with a view to the harmonization of techniques throughout the Community.
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1. the establishment of a crisis centre on a national level, which shall coordinate all control measures in the Member State concerned; 2. a list shall be provided of local disease control centres with adequate facilities to coordinate the disease control measures at a local level; 3. detailed information shall be given about the staff involved in control measures, their skills and their responsibilities; 4. each local disease control centre must be able to contact rapidly persons/organizations which are directly or indirectly involved in an outbreak; 5. equipment and materials shall be available to carry out the disease control measures properly; 6. detailed instructions shall be provided on action to be taken on suspicion and confirmation of infection or contamination, including proposed means of disposal of carcases; 7. training programmes shall be established to maintain and develop skills in field and administrative procedures; 8. diagnostic laboratories must have facilities for post-mortem examination, the necessary capacity for serology, histology etc. and must maintain the skills for rapid diagnosis. Arrangements must be made for rapid transportation of samples; 9. details shall be provided of the quantity of avian influenza vaccine estimated to be required in the event of a reinstatement of emergency vaccination; 10. provisions shall be made to ensure the legal powers necessary for the implementation of the contingency plans.