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Disease factsheet: Avian influenza - Legislative framework

Current Legislation

1. Directive 2005/94/EC lays down the Community rules for the control of both highly pathogenic (HPAI) and low pathogenic (LPAI) avian influenza in poultry and other captive birds. Further information...

2. The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 (622 KB) and the Avian Influenza (Vaccination) (England) Regulations 2006 (179 KB) (Explanatory Memorandum (243 KB)) enact the requirements of Directive 2005/94/EC . Similar powers are in place in Wales and in Scotland.

Decision 2006/415 (Link to the EU website) and Decision 2006/563 (Link to the EU website) lay down further Community rules for the control of the H5N1 strain of avian influenza.

These Decisions are implemented by The Avian Influenza (H5N1 in Poultry) (England) Order 2006 (80 KB) and Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 (110 KB).

3. Further powers covering:

• The preventative or firebreak cull of poultry.
• Entry to premises to test and sample.
• The slaughter of vaccinated poultry, with compensation

are provided by The Avian Influenza and Newcastle Disease (England and Wales (Order) 2003.

Directive 2005/94/EC on Community measures for the control of Avian Influenza

4. This Directive replaces and updates the original 1992 control Directive for avian influenza. The new Directive maintains strict requirements for notification of disease, slaughter and movement controls; but it allows for the first time a flexible, risk-based approach in response to individual situations. It also adds other new provisions such as surveillance of poultry for the low pathogenic strain of the AI virus; and allows for controls if this strain is found, including the ability to monitor and control pigs found to have the virus.

Summary of the Directive Controls

• Directive Controls information.

5. The Directive requires many of the standard rules for the control of an exotic notifiable disease. These are broadly:

Notification and investigation:

• notification to the competent authority of suspicion of disease.
• veterinary investigation.
• premises movement restrictions during the investigation.
• area movement restrictions during the investigation - which could be national.

Confirmation HPAI:

• slaughter of animals on the IP.
• cleansing and disinfection of the IP.
• Protection Zone controls on movements and biosecurity of 3 km minimum (greatest risk).
• Surveillance Zone controls on movements and biosecurity of 10 km minimum (medium risk).
• further restricted zone controls on movements and biosecurity – which could be national (least risk).
• tracings for dangerous contacts.

Confirmation LPAI:

• slaughter of birds on the IP not mandatory (although Defra would expect slaughter to be the norm).
• LPAI restriction zone controls on movements and biosecurity of 1 km minimum.
• tracings for dangerous contacts.

Vaccination:

• provision for preventive and emergency vaccination subject to a plan being agreed with the Commission.

Restocking:

• subject to proper cleansing and disinfection on the IP.

Derogations:

• movement restrictions in the zones are subject to derogations.
• the Directive is unique in that derogations are numerous but can only be applied if the competent authority has undertaken a risk assessment and is content that disease control will not be jeopardised.
• this gives Defra the ability to apply the controls in a proportionate manner to the particular epidemiology of any outbreak.
• the industry welcomes this approach which will ensure the least possible disruption to its activities commensurate to the control and eradication of the disease.

Commission Decisions

• Commission Decisions information.

6. During the first half of 2006, the Commission produced, with the agreement of the Standing Committee for the Food Chain and Animal Health, two Decisions relating to the finding of the H5N1 strain of avian influenza.

7. One Decision deals with H5N1 found in a wild bird and would be stand alone; the Directive does not apply to avian influenza in wild birds and would not be triggered. The Decision is implemented by The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 (110 KB).

8. The other Decision deals with the H5N1 strain found in poultry or other captive birds. The Decision is implemented by The Avian Influenza (H5N1 in Poultry) (England) Order 2006 (80 KB). In this case, the Directive is triggered and the Decision adds further controls on top of those required under the Directive.

The H5N1 Orders - H5N1 in Wild Birds

9. The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 (110 KB) is triggered when avian influenza of an H5 with either suspected or confirmed N1 is found in a wild bird. Following suspicion, if the neuraminidase is subsequently found not to be N1, the measures are removed.

10. A control area is established around the area where the wild bird is found with movement controls on live poultry, hatching eggs, meat and poultry products. The control area is usually 3km radius but this can be varied according to the circumstances. A further monitoring area with proportionately lesser controls is established around the control area. It would normally be of 10 km radius but again this can be varied according to circumstances. Hunting, gatherings of poultry and he release of game birds are banned in both areas. Further information...

The H5N1 Orders – H5N1 in Poultry or Other Captive Birds

11. The Avian Influenza (H5N1 in Poultry) (England) Order 2006 (80 KB) is triggered when avian influenza of an H5 with either suspected or confirmed N1 is found in poultry or other captive birds. Following suspicion, if the neuraminidase is subsequently found not to be N1, the measures are removed.

12. This Order requires areas “A” and “B” to be established. Area “A” is usually the same as the Protection and Surveillance zones that will be put in place under the Directive. Area “B” will be a further area the size of which is set by the member State. Movement controls out of area “B” are put in place for live poultry, hatching eggs, wild game meat and poultry by-products. Further controls beyond those required by the Directive are imposed on movements of wild game meat and poultry by-products out of area “A”. Further information...

An Outbreak Involving the H5N1 strain in both poultry (or other captive birds) and Wild Birds

13. This would produce a complex interaction of measures. The basic rule will be that the requirements on any premises or for any permitted movement will be that which imposes the highest biosecurity requirement.

Meat and meat products – Identification Marks

Two additional Decisions adopted in December 2006 impose requirements (in relation to the marking of meat and meat products) which have been incorporated into the H5N1 Orders. These Decisions require an identification mark to be applied to some poultry meat and meat products originating in certain zones during an outbreak, such that they can only be traded in the member state concerned.

Links to draft versions of these Decisions are included here for information:

• Draft Commission Decision laying down detailed rules in relation to an alternative identification mark pursuant to Directive 2002/99/EC (25 KB).
• Draft Commission Decision amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the identification mark to be applied to fresh poultry meat (32 KB).
  
  

Rare Breeds

Article 13 of the Avian Influenza Directive 2005/94/EC allows possible derogations from the duty to slaughter “in cases of an outbreak of HPAI in a non-commercial holding, a circus, a zoo, a pet bird shop, a wild life park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds, provided that such derogations do not endanger disease control”. Similar provisions exist for premises infected with the low pathogenic strain of the virus.

Conservation of endangered species is covered separately under Article 13 of the Avian Influenza Directive and should not be confused with the “official register of rare breeds”. Species considered threatened under the International Union for the Conservation of Nature and Natural Resources (IUCN) Red List of threatened species could potentially benefit from derogation under Article 13 of the Directive.

Rare breeds are only part of the wider derogation (which also includes derogations for non-commercial premises, zoos, pet shops etc.). In the event of an outbreak of avian influenza, this only allows for a rare breed to be considered for a derogation from culling, provided such derogations do not endanger disease control. There is no guarantee that a rare breed on the list would not be culled on an infected premises. Any such decisions would be taken by a Veterinary Inspector on a case by case basis.

 

Page last modified: June 6, 2008

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