What is Decree No. 36 / 2007 Coll.?

Decree No. 36 / 2007 Coll., on measures to combat avian influenza and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended — Decree on measures to combat avian influenza and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended.

When it became Decree No. 36 / 2007 Coll. effectiveness?

Decree No. 36 / 2007 Coll. became effective 01.03.2007.

Is Decree No. 36 / 2007 Coll. still valid?

Yes, Decree No. 36 / 2007 Coll. is still valid and effective.

How many times was it Decree No. 36 / 2007 Coll. amended?

Decree No. 36 / 2007 Coll. has 3 time versions of the text.

Decree No. 36 / 2007 Coll. - Decree on measures to combat avian influ...

36

DECLARATION

of 20 February 2007

on measures to combat avian influenza and amending Decree No 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended

The Ministry of Agriculture provides pursuant to Section 78 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll. and Act No. 48 / 2006 Coll., ("the Act ') for the implementation of § 5 (3) (a), § 10 (3) (a), (c), (f) to (h) and § 51a (3) of the Act:

ČÁST PRVNÍ

MEASURES FOR THE COMPLIANCE OF AVIAR INFLUENZA

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This decree implements the relevant provisions of the European Union( 1) and, following the directly applicable provisions of the European Union( 2) (hereinafter referred to as "European Union Regulations'), provides:

(a) details, manner and time limits for the notification of avian influenza;

(b) measures to control and prevent the spread ("control") of avian influenza and animal health requirements for the protection of animals against that disease;

(c) the method, extent and animal health conditions of vaccination against avian influenza of poultry or other captive birds and its rules of implementation;

(d) aspects for drawing up contingency plans for the occurrence of avian influenza ("contingency plan"),

(e) requirements for the targeting, organisation and methods of action of the national reference laboratory for avian influenza.

§ 2

Definition of terms

(1) For the purposes of this decree:

(a) avian influenza any of the influenza infections described in point 1 of Annex 1 to this Regulation;

(b) highly pathogenic avian influenza (HPAI) any of the influenza infections described in point 2 of Annex 1 to this Regulation;

(c) low pathogenic avian influenza (LPAI) any of the influenza infections described in point 3 of Annex 1 to this Regulation;

(d) poultry, all birds kept or kept in captivity for the production of meat, table eggs or other products, for the restocking of stocks of birds ("restocking") or for the purposes of breeding programmes for the production of these species of birds;

(e) other captive birds, all birds other than poultry which are kept for purposes other than those referred to in (d), including birds kept for shows, exhibitions, competitions, competitions, breeding or sales;

(f) wild birds not kept on any holding within the meaning of paragraph 2;

(g) officially registered rare breeds of poultry or other captive birds, all poultry or other captive birds, which have been included in the National Programme for the Conservation and Use of Animal Genetic Resources of Nutrition and Farming3) and listed in the contingency plan referred to in § 58;

(h) a commercial poultry holding on which poultry is kept for business purposes;

(i) a non-commercial holding of the holding where the keeper keeps poultry or other captive birds for own consumption or use or as pet animals;

(j) one or more holdings under a common biosecurity management system and in which a flock of poultry or other captive birds with the same health status as regards avian influenza is kept under adequate surveillance, disease control measures and biosecurity measures,

(k) a production unit unit on a holding which has been satisfied by the official veterinarian that it is completely independent of any other unit on the same holding as regards its location and the daily treatment of poultry or other captive birds kept therein;

(l) a flock of all poultry or other captive birds in one production unit;

(m) day-old chicks, all poultry less than 72 hours old, not yet fed, and musk ducks (Cairo moschata) or their cross-breeds, less than 72 hours old, feeding or not,

(n) hatching eggs eggs for hatching;

(o) poultry or other captive birds suspected of being infected with any poultry or other captive birds with clinical signs or postmortem lesions or reactions to laboratory tests which are such that the presence of avian influenza cannot be excluded;

(p) mammalian mammalia-class animal,

(q) the official surveillance of the animal health status of poultry or other captive birds or mammals on a holding with regard to avian influenza carried out in the framework of national veterinary surveillance;

(r) official supervision of the activities carried out in the framework of national veterinary supervision in order to verify compliance with or compliance with the requirements laid down in this Decree and with any instructions from the authorities carrying out national veterinary supervision on how those requirements are complied with;

(s) the disposal and handling of animal by-products in accordance with European Union4;

(t) carcases of poultry or other captive birds which have died or been killed and are therefore unfit for human consumption or parts thereof;

(u) the contact holding of the holding where avian influenza may have been introduced or introduced as a result of its location, movement of persons, poultry or other captive birds, means of transport, or any other means of transport;

(v) a suspected outbreak of a holding where the competent authority suspects the presence of avian influenza;

(w) a primary outbreak not related from an epidemiological point of view to a previous outbreak in the same region (Section 3 (4) of the Act) or the first outbreak in another region;

(x) the European Union vaccine bank ("the Union") of the appropriate facilities established and designated by the Union authorities for the storage of Union vaccine stocks;

(y) a strategy to distinguish the infected animal from the vaccinated animal (DIVA), which allows for a distinction between vaccinated infected and vaccinated non-infected animals by a diagnostic test to detect antibodies caused by the wild virus and the use of unvaccinated, control indicator birds;

(z) biosecurity measures appropriate and practicable measures to reduce the risk of the transmission of avian influenza from wild birds to poultry and other captive birds, consisting in particular of preventing direct or indirect contact between wild birds, especially aquatic birds, and poultry and other captive birds, on the one hand, and the separation of domestic ducks and geese from other poultry.

(2) Where this decree refers to a holding, this means, for the purposes of this decree, any agricultural or other establishment, including hatcheries, circuses, zoos, pet shops, bird markets and an electorate, where poultry or other captive birds are kept or kept, with the exception of slaughterhouses, means of transport, quarantine facilities and centres, border veterinary centres and laboratories authorised by the competent authority to handle the avian influenza virus.

HLAVA II

SUPERVISORY, REPORTING AND EPISOOLOGICAL INVESTIGATION PROGRAMMES

§ 3

Surveillance programmes

Unless otherwise provided for by the institutions of the Union, surveillance programmes shall focus on:

(a) the detection of avian influenza virus outbreaks of H5 and H7 subtypes in different poultry species;

(b) the acquisition of knowledge of threats posed by wild birds as regards any avian influenza virus in birds on the basis of a regularly updated risk assessment.

Reports of suspected or suspected avian influenza

§ 4

(1) The State Veterinary Administration shall notify the European Commission ("the Commission") and the Member States of the Union ("the Member State") of the occurrence of avian influenza confirmed in slaughterhouses, means of transport, border veterinary centre, another place at the borders of the European Union or in a quarantine centre operating in accordance with specific legislation5, as set out in Annex 2 to this Regulation.

(2) Paragraph 1 is without prejudice to the provisions of specific legislation6) on the notification of outbreaks of certain diseases.

(3) The State Veterinary Administration shall inform the Commission of the results of official surveillance carried out in relation to avian influenza virus in mammals.

§ 5

Epizootic investigation

(1) The Regional Veterinary Administration or the Municipal Veterinary Administration in Prague (hereinafter referred to as the Regional Veterinary Administration) shall ensure that an epidemiological inquiry is carried out on the basis of the questionnaires introduced by the contingency plan referred to in Section 58.

(2) The epidemiological inquiry shall in particular:

(a) the duration of the period during which avian influenza may have existed on the holding or in another establishment or means of transport;

(b) the possible origin of avian influenza;

(c) identification of all contact holdings;

(d) the movement of poultry, other captive birds, persons, mammals, means of transport and all material, as well as other ways in which the avian influenza virus may have spread.

(3) The Regional Veterinary Administration will take into account the results of the epidemiological inquiry in:

(a) deciding whether the additional disease control measures provided for in this Decree should also be applied;

(b) authorising mitigation exemptions (hereinafter referred to as "derogations") under this Decree.

(4) Where the results of an epidemiological investigation indicate that avian influenza could spread from other Member States to the Czech Republic or from the Czech Republic to other Member States, the State Veterinary Administration shall immediately inform the Commission and the Member States concerned thereof.

HLAVA III

SUSPENSION OF AVIAR INFLUENZA

Measures on holdings where avian influenza is suspected

§ 6

(1) In case of suspicion of avian influenza, the Regional Veterinary Administration shall, in accordance with uniform procedures and methods approved by the Union authorities for the diagnosis of avian influenza ("the Diagnostic Manual ').

(a) initiate immediately an investigation to confirm or exclude the presence of avian influenza;

(b) establish official surveillance on the holding concerned;

(c) order that:

1. poultry, other captive birds and all domestic mammalian species have been counted and, where appropriate, to estimate their numbers by poultry or other captive birds species;

2. a list has been drawn up showing the approximate number of poultry, sick or possibly infected, other captive birds and domestic mammalian species on the holding by category. This list must be updated daily in the light of the number of hatched, born and dead during the period during which the suspected presence of the disease persists and submitted on request to the authorities carrying out national veterinary surveillance,

3. all poultry and other captive birds have been located and kept inside the building on the holding where they are kept. Where this is not practicable or compatible with the welfare requirements, they shall be closed at any other place on the same holding so that they do not come into contact with poultry or other captive birds from other holdings. Appropriate measures shall also be taken to minimise their contact with wild birds,

4. poultry or other captive birds have not entered or left the holding;

5. no carcases of poultry or other captive birds, meat of poultry, including offal ("poultry meat"), poultry feed ("feed"), tools, tools, materials, waste, excrement, poultry manure or other captive birds ("manure"), slurry, used litter or anything else that could contribute to the transmission of avian influenza, and all biosecurity measures must be complied with to minimise the risk of the spread of avian influenza;

6. no eggs left the holding;

7. the movement of persons, domestic mammalian species, means of transport and equipment from or to the holding was subject to the approval of the Regional Veterinary Administration and its designated veterinary conditions,

8. have been used in all the entry and exit areas of the premises where poultry or other captive birds are kept, as well as throughout the holding, with appropriate disinfectants in accordance with the instructions of the official veterinarian.

(2) The Regional Veterinary Administration shall ensure that an epidemiological inquiry is carried out in accordance with Article 5.

(3) Within the framework of national veterinary supervision, the competent authorities shall also take samples in cases other than those referred to in paragraph 1; in such cases, some or all of the measures referred to in paragraph 1 (c) may not be taken.

§ 7

The Regional Veterinary Administration may, on the basis of a risk assessment and taking into account the biosecurity measures taken and the destination to which poultry, other captive birds or their products are to be moved, allow derogations from the measures referred to in Article 6 (1) (c), from the measures referred to in Article 6 (1) (c), and

(a) points 3 to 5;

(b) in point 6, if the eggs are to be sent under the conditions laid down in Annex 3 to this Order,

1. directly to an establishment intended for the production of egg products under European Union7) where they will be handled and treated in accordance with European Union8); or

2. for disposal;

(c) in point 8, where other captive birds are kept in a non-commercial holding.

§ 8

The measures adopted pursuant to Article 6 may be repealed by the Regional Veterinary Administration only if the Regional Veterinary Administration is satisfied that the suspicion of avian influenza on the holding is excluded.

§ 9

Additional measures following an epidemiological investigation

(1) The competent authority of the veterinary administration may also, on the basis of the preliminary results of the epidemiological inquiry referred to in Article 5, order:

(a) temporary restrictions on the movement of poultry, other captive birds, eggs and means of transport used in the poultry sector to parts or the whole territory of the Czech Republic. This restriction may also be extended to the movement of domestic mammals; in this case, however, it shall not last for more than 72 hours if there are insufficient reasons for its longer duration,

(b) the measures referred to in Section 10. However, where conditions permit, such measures may be limited only to poultry or other captive birds suspected of being infected and to the production units concerned. After killing, samples shall be taken from poultry or other captive birds in order to suspect the occurrence of avian influenza by the diagnostic manual either confirmed or excluded,

(c) the definition of a temporary control zone around a holding, where necessary, whereby certain or all of the measures referred to in Article 6 (1) (c) may be imposed on all holdings situated in that zone.

(2) The additional measures referred to in paragraph 1 may be ordered in particular if the holding where avian influenza has been suspected is located in an area of high density poultry farming.

HLAVA IV

CERTIFICATE OF AVIAR INFLUENZA

Díl 1

Measures for confirmation of HPAI

Oddíl 1

Measures on holdings, separate production units and contact holdings

Holding

§ 10

(1) In the event of confirmation of the presence of HPAI, the Regional Veterinary Administration shall order the following measures in addition to the measures referred to in Article 6 (1) (c) and (2):

(a) the immediate killing of all poultry and other captive birds on the holding where the result of the risk assessment for the spread of avian influenza does not allow for a derogation from this measure in relation to certain poultry or other captive birds. The spending shall be carried out under official supervision to prevent the spread of avian influenza, in particular during transport. However, the Regional Veterinary Administration may order appropriate measures to limit the possible spread of avian influenza to wild birds on the holding,

(b) the destruction of all carcases and eggs from holdings under official supervision;

(c) the submission of poultry which has hatched from eggs collected on the holding during the period between the likely introduction of HPAI into the holding and the date of application of the measures referred to in Article 6 (1) (c), official surveillance and carrying out the investigation in accordance with the diagnostic manual;

(d) where possible, meat of poultry from holdings slaughtered during the period between the likely introduction of HPAI into the holding and the date of application of the measures referred to in Article 6 (1) (c) and its disposal under official supervision;

(e) the tracing, where possible, of eggs collected on the holding during the period between the likely introduction of HPAI into the holding and the date of application of the measures referred to in Article 6 (1) (c) and their disposal under official supervision;

(f) the disposal of any materials, substances and waste likely to be contaminated, such as feedingstuffs, or their treatment to ensure the destruction of the avian influenza virus, in accordance with the instructions of the official veterinarian;

(g) subjecting manure, slurry and bedding which may be contaminated to one or more of the procedures referred to in Article 46;

(h) subjecting buildings used for breeding, grazing or soil likely to be contaminated, means of transport and equipment used to transport poultry or other captive birds, carcases, meat, feed, manure, slurry, bedding as well as any other materials and substances likely to be contaminated to one of the procedures referred to in Article 46, following the disposal of carcases;

(i) a ban on the entry into or exit from the holding of other captive birds or domestic mammalian species without the consent of the Regional Veterinary Administration. However, this restriction does not apply to domestic mammalian species which have access only to farm housing.

(2) Where a primary outbreak is concerned, the Regional Veterinary Administration shall ensure that the virus isolate is subjected to laboratory tests in accordance with the diagnostic manual for identification of the virus subtype and transmitted as soon as possible to the Union reference laboratory [§ 49 (1) (c)].

§ 11

(1) The Regional Veterinary Administration may allow derogations from the measures referred to in the first sentence of Article 10 (1) (a) where the presence of HPAI has been confirmed in a non-commercial holding, circus, zoological garden, pet trade, a natural reservation or in a fenced area where poultry or other captive birds are kept for scientific purposes or for purposes related to the maintenance of endangered species or officially registered rare breeds of poultry or other captive birds.

(2) Where the Regional Veterinary Administration authorises the derogations referred to in paragraph 1, it shall ensure that poultry or other captive birds concerned by the derogations:

(a) have been located and kept inside the building on the holding in which they are kept. Where this is not practicable or compatible with the welfare requirements, they shall be closed at any other place on the same holding so that they do not come into contact with poultry or other captive birds from other holdings. Appropriate measures shall also be taken to minimise their contact with wild birds;

(b) they have been subjected to further official supervision and testing in accordance with the diagnostic manual and have not been moved until laboratory tests have shown that they no longer pose a significant risk of further spread of HPAI;

(c) have not been moved from the holding of origin except for transport for slaughter or transport to another holding situated:

1. in the Czech Republic, in accordance with the guidelines of the Regional Veterinary Administration,

2. in another Member State if that State of destination has given its consent to the shipment.

(3) The Regional Veterinary Administration may also authorise derogations from the measures referred to in Article 10 (1) (e), if they are eggs to be sent under the conditions laid down in Annex 3 to this Regulation directly to an undertaking intended to manufacture egg products under European Union7), where they will be handled and treated in accordance with European Union8).

§ 12

Separate production units

(1) In the case of confirmation of the presence of HPAI on a holding comprising two or more separate production units, the Regional Veterinary Administration may allow derogations from the measures referred to in the first sentence of Article 10 (1) (a) for production units where poultry or other captive birds are kept where there is no suspicion of HPAI.

(2) The derogations provided for in paragraph 1 may be granted only in the case of two or more separate production units for which the official veterinarian has satisfied himself, having regard to their structure, size, organisation and nature of operation, type of building, feeding, water source, equipment, staff and visitors to the holding, that they are completely separated from other production units as regards the location and daily treatment of poultry or other captive birds kept in those production units.

§ 13

Contact holding

(1) Where the Regional Veterinary Administration, based on the results of the epidemiological inquiry referred to in Article 5, considers any holding to be a contact holding,

(a) order that the measures referred to in Article 6 (1) (c) be applied on that holding until the presence of HPAI on that holding is excluded in accordance with the diagnostic manual;

(b) take samples of poultry and other captive birds after killing to confirm or exclude the presence of the HPAI virus on that holding in accordance with the diagnostic manual.

(2) The Regional Veterinary Administration may order, on the basis of the results of the epidemiological inquiry provided for in Article 5, that the measures referred to in Article 10 be applied in the contact holding, in particular where the holding is situated in an area of high density poultry farming. In doing so, it shall take account of the criteria set out in Annex 4 to this Decree.

(3) The Regional Veterinary Administration shall also ensure that, on any holding where poultry or other captive birds are killed and removed and subsequently confirmed for the occurrence of avian influenza, the buildings and any facilities likely to be contaminated, as well as means of transport used to transport poultry or other captive birds, carcases, meat, feed, manure, slurry, bedding and any other materials or substances which might be contaminated, are subject to one or more of the procedures referred to in Section 46.

Oddíl 2

Protection, surveillance and other restricted zones

§ 14

(1) Immediately after confirmation of the presence of HPAI, the regional veterinary administration shall define around the holding:

(a) a protection zone with a radius of at least three kilometres;

(b) a surveillance zone with a radius of at least 10 kilometres including a protection zone.

(2) When defining the protection and surveillance zones, the Regional Veterinary Administration shall take into account in particular:

(a) the results of the epidemiological inquiry referred to in Article 5;

(b) the geographical situation, in particular the natural boundaries;

(c) the location of the holding, its distance from the other holdings and the estimated number of poultry;

(d) the normal movement of poultry and other captive birds, including trade therein;

(e) the available facilities and human resources necessary for the control of any movement of poultry, other captive birds, their carcases, manure, litter or litter used in the protection and surveillance zones, in particular where the transport of poultry or other captive birds intended for slaughter and disposal must take place from the holding of origin.

(3) The Regional Veterinary Administration may, taking into account the criteria set out in paragraph 2, also define another restricted zone around or adjacent to the protection and surveillance zones.

(4) Where the presence of HPAI in other captive birds is confirmed in a non-commercial holding, circus, zoological garden, pet trade, natural reserve or in a fenced area where other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species or officially registered rare breeds of other captive birds, the Regional Veterinary Administration may authorise, on the basis of a risk assessment and to the extent necessary, derogations from the provisions of Sections 2 to 4 concerning the establishment of the protection and surveillance zones and the measures to be applied in those zones.

(5) Where a protection, surveillance or other restricted zone is situated in the territory of several Member States, the Regional Veterinary Administration shall cooperate in defining it with the competent authorities of those States.

§ 15

(1) The Regional Veterinary Administration shall ensure that in the protection and surveillance zones:

(a) measures are applied to ensure that any spread of the avian influenza virus, including poultry, other captive birds, meat, eggs, carcases, feed, bedding, people who have been in contact with infected poultry or other captive birds, or means of transport linked to the poultry sector is possible;

(b) breeders shall, upon request, provide the authorities carrying out national veterinary surveillance with all relevant information concerning poultry or other captive birds and eggs entering or leaving the holding.

(2) The Regional Veterinary Administration shall take appropriate measures, including the deployment of warning notices, cooperation with the media and cooperation with the competent authorities, in order to ensure that all persons in the protection and surveillance zones are fully informed of the restrictions on them.

(3) The Regional Veterinary Administration may, on the basis of epidemiological information or other supporting evidence, establish a preventive eradication programme, including preventive slaughter or killing of poultry or other captive birds in risk holdings and areas. Where this measure is adopted, the State Veterinary Administration shall inform the Commission thereof.

Oddíl 3

Measures in the protection zone

§ 16

List of holdings, official veterinarian checks and official surveillance

(1) The Regional Veterinary Administration shall ensure that in the protection zone:

(a) an inventory of all holdings has been established as soon as possible;

(b) a check has been carried out on all commercial poultry holdings as soon as possible for clinical examination of poultry and other captive birds, where appropriate, sampling for laboratory testing in accordance with the diagnostic manual. Such checks and their results shall be recorded,

(c) has been immediately introduced in accordance with the diagnostic manual of official surveillance to detect any further spread of avian influenza in holdings situated in the protection zone.

(2) Prior to the removal of the protection zone, the authorities carrying out national veterinary surveillance shall carry out checks on non-commercial holdings.

§ 17

Measures on holdings in the protection zone

The Regional Veterinary Administration shall order the following measures to be applied on holdings in the protection zone:

(a) the location and holding of all poultry and other captive birds inside the building on the holding where they are kept. Where this is not practicable or compatible with the welfare requirements, they shall be closed at any other place on the same holding so that they do not come into contact with poultry or other captive birds from other holdings. Appropriate measures shall also be taken to minimise their contact with wild birds;

(b) the disposal of carcases as soon as possible;

(c) the immediate submission of means of transport and equipment used for the transport of poultry or other captive birds, meat, feed, manure, slurry and bedding, as well as any other materials or substances likely to be contaminated, to one or more of the procedures referred to in Article 46;

(d) immediate subjecting all parts of the means of transport used by workers or other persons entering or leaving the holding and likely to be contaminated to one or more of the procedures referred to in Article 46;

(e) a ban on the entry into or exit from the holding of poultry, other captive birds or domestic mammalian species without the approval of the Regional Veterinary Administration. However, this restriction shall not apply to domestic mammalian species which have access only to the premises of holdings in which they do not have:

1. no contact with poultry or other captive birds present on that holding;

2. access to any cages or premises where such poultry or other captive birds are kept;

(f) an immediate notification of any increased morbidity or mortality, or a significant decrease in productivity in the farm of the county veterinary administration, which shall carry out appropriate investigations in accordance with the diagnostic manual;

(g) compliance with adequate biosecurity measures by any person entering or leaving the holding in order to prevent the spread of avian influenza;

(h) the keeping of the breeder in order to facilitate the control and control of the disease, to keep records of all persons visiting the holding, with the exception of residential areas, and to submit those records on request to the authorities carrying out national veterinary surveillance. These records may not be kept when they are visitors to facilities such as zoos and nature reserves, unless these visitors have access to areas where birds are kept.

§ 18

Prohibition on the movement or spreading of used litter, manure or slurry from holdings

The Regional Veterinary Administration shall ensure that used litter, manure or slurry from holdings in the protection zone are not moved or scattered without its approval. However, provided the biosecurity measures are complied with, manure or slurry may be transported to a designated holding for treatment or temporary storage for subsequent treatment in order to destroy any avian influenza viruses present in accordance with European Union4.

§ 19

Exhibitions, markets or other routes of animals and restocking

The Regional Veterinary Administration shall prohibit the protection zone:

(a) the organisation of exhibitions, shows, markets, competitions and other routes of poultry or other captive birds;

(b) release of poultry for restocking and release of other captive birds.

§ 20

Prohibition on the movement and transport of poultry, eggs, poultrymeat and carcases

Citation	Decree No. 36 / 2007 Coll., on measures to combat avian influenza and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	01.03.2007
Effective from	01.03.2007
Effective until	-
Status	Valid

Decree No. 36 / 2007 Coll.

Decree on measures to combat avian influenza and amending Decree No. 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, as amended

Contents