Defra

Legislation

Legislation for control of avian influenza

This page describes the legislation and controls in England. Similar provisions apply in Scotland, Wales and Northern Ireland.

EC Directive and domestic legislation

Directive (2005/94/EC) for the control of avian influenza (H5 and H7) in poultry and other captive birds in the Community was adopted on 20 December 2005. The Directive maintains the basic strict requirements for notification of disease, slaughter of infected birds and movement controls but allows for the first time a flexible risk-based approach in response to individual situations. It also adds other new provisions such as surveillance in poultry for the low pathogenic strain of the avian influenza virus and allows for controls if this strain is found. It also introduces powers to allow mammals, particularly pigs on infected premises, to be tested for avian influenza virus, for controls to be put on them, and for their slaughter if necessary.

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 (referred to as the AI Order) made under the Animal Health Act 1981, implements the majority of the requirements of the new Directive and also takes account of issues arising from the consultation exercise and from the outbreak of LPAI in Norfolk. It replaces the Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006 which was made as an emergency measure on 27 April 2006 to allow for the control of the outbreak in Norfolk. The Diseases of Poultry (England) Order 2003 has been revoked as far as it relates to avian influenza.

The Avian Influenza (Vaccination) (England) Regulations 2006 made under the European Communities Act 1972 implement the vaccination requirements of the new Directive. Vaccination of birds against avian influenza is prohibited unless with Defra’s consent. The Directive allows for emergency or preventive vaccination in certain circumstances and if a plan has been approved by the Commission (although emergency vaccination can take place in advance of this approval as long as certain movement controls, as laid down in the Directive, are put in place).

EC Decisions and domestic legislation

The Commission has introduced various Decisions to supplement the provisions of the Directive in response to the virulent strain of the disease, H5N1. These Decisions have been implemented in our domestic legislation. The Commission have also reviewed these Decisions and it is possible that there will be further changes.

Decision 2005/734 as amended (PDF Link to the EU website) – The power to impose preventive measures subject to a risk assessment (including housing of birds and a ban on bird gatherings subject to a licensing regime) are now included in the AI Order.

Decision 2006/415 (PDF Link to the EU website) – This Decision provides for controls to supplement the Directive should the avian influenza virus of the strain H5N1 be found in poultry. It provides for additional restrictions in control zones (in the Decision called Area A and Area B) around a suspect or infected premises. The controls apply to poultry and day old chicks, other captive birds, hatching eggs, wild game products and poultry by products.

Decision 2006/474 (PDF Link to the EU website) allows member states to vaccinate birds kept in zoos and approves the UK’s zoo bird vaccination plan. This has been transposed by the Avian Influenza (Preventive Measures) Regulations 2006 (Explanatory Memorandum). A decision on whether to allow such vaccination of zoo birds to go ahead will be based on a risk assessment.

Decision 2006/563 (Link to the EU website) – This Decision provides for controls if the H5N1 strain of avian influenza is found in wild birds. Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 implements this Decision in domestic legislation.

Outbreak management

European:

England:

H5N1 in poultry (additional measures)

European:

  • 2006/415/EC (Annex amended regularly to reflect EU outbreaks; as amended by 2009/495/EC, extending application until 31/12/10)

England:

H5N1 in wild birds

European:

England:

Further preventative measures (bird gatherings, poultry premises registration, vaccination at zoos)

European:

England:

Vaccination

European:

England:

Surveillance in domestic poultry

European:

  • 2005/94/EC (general requirement for surveillance)

England:

Surveillance in wild birds

European:

England:

Other powers and requirements

England:

Page published: 16 March 2012