
Article 1 
This Decision lays down rules to reduce the spread of avian influenza caused by influenza A virus of subtype H5N1 (hereinafter ‘avian influenza’) from birds living in the wild to susceptible birds in zoos. Depending on the specific epidemiological situation, those rules shall be directed, in particular, at preventing direct and indirect contact between birds living in the wild, especially waterfowl, with the susceptible birds in zoos.
Article 2 
For the purpose of this Decision, the following definitions shall apply:

((a)) ‘Zoo’ means:

((i)) all permanent establishments where animals of wild species are kept for exhibition to the public for seven or more days a year, with the exception of circuses, pet shops and establishments which Member States exempt from the requirements of this Decision on the grounds that they do not exhibit a significant number of animals or species to the public and that the exemption will not jeopardise the objectives of this Decision; and
((ii)) an ‘approved body, institute or centre’ as defined in point (c) of Article 2(1) of Directive 92/65/EEC;
((b)) ‘Susceptible bird’ means any bird species likely to be susceptible to avian influenza and not intended for the production of animal products.
Article 3 
Member States shall take appropriate and practicable measures to reduce the risk of transmission of avian influenza from birds living in the wild to susceptible birds kept in zoos, taking into account the criteria and risk factors set out in Annex I.
Article 4 
Based on a risk-assesment, Member States may decide to apply vaccination against avian influenza to susceptible birds kept in zoos, which are considered to be at risk from avian influenza, in accordance with the requirements set out in the Annex II.
Article 5 

1. Member States that intend to apply the vaccination, as provided for in Article 3, shall submit to the Commission and officially present in the Standing Committee on the Food Chain and Animal Health, their programme on the vaccination of susceptible birds kept in zoos.
2. The vaccination programme referred to in paragraph 1 shall contain at least detailed information on:
(a) the exact address and location of the zoos where the vaccination is to be carried out;
(b) the specific identification and number of susceptible birds;
(c) the individual identification of the birds to be vaccinated;
(d) the type of vaccine to be used, the vaccination scheme and the timing of the vaccination;
(e) the reasons for decision to implement the vaccination measures;
(f) the time-table of the vaccinations to be carried out.
Article 6 
Member States shall immediately take the necessary measures to comply with this Decision. They shall immediately inform the Commission thereof.
Article 7 
This Decision is addressed to the Member States.
Done at Brussels, 21 October 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I

1. Location of the zoo along migratory flyways of birds, in particular if proceeding from central and eastern Asia, and the Caspian Sea and the Black Sea areas.

2. Distance of the zoo from wet areas such as ponds, swamps, lakes or rivers where migratory waterfowl may gather.

3. Location of the zoo in areas of a high density of migratory birds, particularly waterfowl.

ANNEX II
1. Extent of the vaccination to be carried out The vaccination shall only take place on susceptible birds in a zoo
2. Species of the birds to be vaccinated A list of all the birds to be vaccinated together with the individual identification shall be laid down and kept for at least 10 years from the date of the vaccination
3. Duration of the vaccination All birds to be vaccinated in a zoo shall be vaccinated as quickly as possible. In any case, each vaccination in a zoo shall be completed within 96 hours
4. Specific standstill of vaccinated birds and products of vaccinated birds Vaccinated birds shall not be traded or moved unless under official supervision between zoos in the same Member State, or after specific authorisation of another Member State.Bird products from such birds shall not enter the food chain
5. Special identification and special registration of the vaccinated birds Vaccinated birds must be individually identifiable and the identity records of these birds must be clearly annotated accordingly. An indelible identification indicating the birds that have been vaccinated shall be applied at the time of vaccination wherever possible
6. Execution of the vaccination campaign Vaccination shall be carried out under the supervision of an official veterinarian of the competent authorities. Necessary measures must be in place to avoid possible spread of virus. Any residual quantities of vaccine shall be returned to the point of vaccine distribution with a written record on number of animals vaccinated and the number of doses used.Wherever possible blood samples shall be taken prior to and at least 30 days after vaccination for serological testing for avian influenza. A record of the test results must be kept for at least 10 years
7. Vaccine to be used The inactivated vaccine to be used shall be suitably formulated and be effective against the virus type circulating. It shall be used in accordance with the instructions of the manufacturer and/or the veterinary authorities
8. Information on implementation of this programme to the Commission A detailed report on the execution of the programme including results of testing carried out shall be provided to the Commission and the Member States in the framework of a Standing Committee on the Food Chain and Animal Health