
Article 1 

1. This Decision lays down certain measures to be applied in the Netherlands where preventive vaccination is carried out in certain poultry holdings at particular risk for introduction of infection including movement restrictions on vaccinated poultry and certain products derived thereof.
2. For the pupose of this Decision, in addition to the definitions laid down in Council Directive 2005/94/EC the following definitions shall apply:
(a) ‘backyard poultry’ means chicken, turkeys and other species belonging to the Galliformes order and ducks, geese and other species belonging to the Anseriformes order which are kept by their owners:
((i)) for their own consumption or use; or
((ii)) as pets.
(b) ‘organic’ and ‘free range layers’ means laying hens as defined in Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hensand Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC which have access to open runs.
Article 2 

1. The plan for preventive vaccination against highly pathogenic avian influenza H5N1, as submitted by the Netherlands to the Commission on 21 February 2006, and the amendments to that plan, including the continuation of that plan until 31 July 2007, as submitted by the Netherlands to the Commission on 29 June 2006, are approved (the preventive vaccination plan).In accordance with the preventive vaccination plan, the preventive vaccination against avian influenza shall be carried out with an inactivated heterologous vaccine of avian influenza subtype H5 or with a bivalent inactivated heterologous vaccine containing both avian influenza subtypes H5 and H7 authorised by the Netherlands in backyard poultry, organic and free range layers in the Netherlands.
2. Intensive monitoring and surveillance, as set out in the ‘the preventive vaccination plan’ shall be carried out in the backyard poultry and flocks of organic or free range layers where preventive vaccination is carried out.
3. The preventive vaccination plan shall be implemented efficiently.
4. The Commission shall publish the preventive vaccination plan.
Article 3 
The provisions for movements of live poultry coming from and/or originating from holdings in which preventive vaccination is carried out and on movements of table eggs, fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated poultry in accordance with ‘the preventive vaccination plan’ shall apply in accordance with Article 4 to 11 of this Decision.
Article 4 
The competent authority shall ensure that:

1.. Vaccinated backyard poultry shall be individually identified and may only be:

((a)) moved to other backyard holdings within the Netherlands; or
((b)) temporarily gathered for shows and exhibitions in the Netherlands.
Such movements or gatherings must be in accordance with the preventive vaccination plan, including the maintenance of records of such movements and gatherings.
2.. No vaccinated backyard poultry and no day-old poultry and hatching eggs originating from such poultry may be moved to commercial poultry holdings within the Netherlands or dispatched to another Member State.
Article 5 
The competent authority shall ensure that vaccinated live organic and free range layers may only be moved either to other holdings where vaccination is carried out or to a slaughterhouse for immediate slaughter within the Netherlands and may not be dispatched from the Netherlands.
Article 6 
Health certificates for intra-Community trade in live poultry, day-old poultry and hatching eggs from the Netherlands shall include the words:
‘The consignment consists of live poultry/day-old poultry/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out’.
Article 7 
The competent authority shall ensure that table eggs that come from and/or originate from organic and free range layer holdings in which preventive vaccination is carried out are only dispatched from the Netherlands provided that the table eggs:

((a)) come from poultry which originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’, with particular attention paid to sentinel birds; and
((b)) are directly transported:

((i)) to a packing centre designated by the competent authority provided that they are packed in disposable packaging and that all biosecurity measures required by the competent authority are applied; or
((ii)) to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.
Article 8 

1. The competent authority shall ensure that fresh meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands, provided that the meat comes from poultry which:
(a) originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza H5N1 in accordance with ‘the preventive vaccination plan’ with particular attention paid to sentinel birds;
(b) originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before loading, with particular attention paid to sentinel birds;
(c) are kept separated from other flocks which do not comply with this Article; and
(d) the meat has been produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and controlled in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004;
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products containing meat derived from vaccinated organic and free range layer flocks is only dispatched from the Netherlands if the meat complies with paragraph (1) and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.
Article 9 
The Netherlands shall ensure that fresh poultry meat, minced meat, meat preparations, mechanically separated meat and meat products complying with the conditions set out in Article 8 is accompanied by a commercial document stating:
‘The consignment complies with the animal health conditions laid down in Commission Decision 2006/147/EC’.
Article 10 
The Netherlands shall inform in advance the central veterinary authority in the Member State of destination on movements of consignments referred to in Article 9.
Article 11 
The Netherlands shall ensure that in holdings where preventive vaccination is carried out all means of transport used for transporting live poultry, fresh poultry meat, minced meat, meat preparations, mechanically separated meat, meat products and poultry feedstuff are cleaned and disinfected immediately before and after each transport with disinfectants and methods of use approved by the competent authority.
Article 12 
The Netherlands shall lay down the rules on penalties applicable to infringements of provisions of this decision and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Netherlands shall notify those provisions to the Commission by 7 March 2006 at the latest and shall notify the Commission of any subsequent amendments thereof.
Article 13 
The Netherlands shall submit a report containing information on the implementation of the preventive vaccination plan to the Commission within one month from the date of application of this Decsion and give monthly reports at the Standing Committee on the Food Chain and Animal Health starting as from 7 March 2006.
Article 14 
The measures shall be reviewed in the light of the development of the epidemiological situation and new information becoming available.
Article 15 
This Decision is addressed to the Kingdom of the Netherlands.