
Article 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 avian influenza, including movement restrictions on vaccinated poultry and certain products derived thereof.
Article 2 
For the purpose of this Decision, the definitions laid down in Article 2 of Directive 2005/94/EC shall apply.
The following definitions shall also apply:

((a)) ‘backyard poultry’ means chickens, 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:

((i)) laying hens as defined in Article 2(2)(a) of Council Directive 1999/74/EC; and
((ii)) which have access to open runs.
Article 3 

1. The plan for preventive vaccination against highly pathogenic avian influenza, as submitted by the Netherlands to the Commission on 29 June 2007, to be implemented until 31 July 2009, (‘the preventive vaccination plan’) is approved.
2. The Commission shall publish the preventive vaccination plan.
Article 4 

1. The Netherlands shall ensure that the preventive vaccination of backyard poultry and organic and free-range layers is carried out in accordance with the preventive vaccination plan 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 that Member State or the Community in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004.
2. The Netherlands shall ensure that intensive monitoring and surveillance, as set out in the preventive vaccination plan is carried out in the backyard poultry and flocks of organic or free-range layers where preventive vaccination is carried out.
3. The Netherlands shall ensure that the preventive vaccination plan is implemented efficiently.
Article 5 

1. The competent authority shall ensure that no poultry, including day-old chicks and hatching eggs, derived from such poultry and originating from backyard poultry holdings where vaccination is carried out, may be moved to other poultry holdings within the Netherlands or dispatched to another Member State.
2. By way of derogation from paragraph 1, and provided that they are individually identified, backyard poultry may be moved to other holdings of backyard poultry or temporarily gathered for shows and exhibitions:
(a) within the Netherlands;
(b) in another Member State following the agreement of the Member State of destination.Any such movements or gatherings must be in accordance with the preventive vaccination plan, including the maintenance of records of such movements and gatherings.
Article 6 
The competent authority shall ensure that organic and free-range layers from holdings where preventive vaccination is carried out are only moved:

((a)) to other holdings where preventive vaccination is carried out within the Netherlands;
((b)) to a slaughterhouse for immediate slaughter within the Netherlands; or
((c)) to a slaughterhouse in another Member State for immediate slaughter following the agreement of the Member State of destination.
Article 7 

1. The Netherlands shall ensure that health certificates for intra-Community trade in poultry, day-old chicks and hatching eggs from the Netherlands referred to in Articles 5(2) and 6 (c) include the words:'Poultry/day-old chicks/hatching eggs in compliance with the rules laid down in Decision 2007/590/EC and vaccinated/derived from poultry vaccinated against avian influenza on … (date) with vaccine … (name).'
2. The Netherlands shall ensure that health certificates for intra-Community trade in poultry, day-old chicks and hatching eggs other than those referred to in paragraph (1) from the Netherlands include the words:'The consignment consists of poultry/day-old chicks/hatching eggs originating from holdings where no vaccination against avian influenza has been carried out.'
Article 8 
The competent authority shall ensure that table eggs that originate from and/or come from holdings where organic and free-range layers are kept and in which preventive vaccination is carried out are only dispatched to other Member States subject to compliance with the following conditions:

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

((i)) to a packing centre designated by the competent authority and that they are packed in disposable packaging or in containers, trays and other non-disposable equipment, which must be cleaned and disinfected before and after each use in accordance with the instructions and biosecurity measures required by the competent authority; 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 9 

1. The competent authority shall ensure that meat, minced meat, meat preparations, mechanically separated meat and meat products derived from vaccinated organic and free-range layer flocks is only dispatched to other Member States subject to compliance with the following conditions:
(a) it is derived from poultry which:
((i)) originate from flocks which have been regularly inspected and tested with negative results for highly pathogenic avian influenza in accordance with the preventive vaccination plan with particular attention being paid to sentinel birds;
((ii)) originate from flocks which have been clinically inspected by an official veterinarian within 48 hours before the time of loading, with particular attention being paid to sentinel birds;
((iii)) are kept separated from other flocks which do not comply with the provisions of (i) and (ii) above; and
(b) it 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 to other Member States if such meat, preparations or products comply with paragraph 1 and are produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004.
Article 10 
The Netherlands shall submit to the Commission a report on the implementation of the preventive vaccination plan within one month from the date of application of this Decision and give quarterly reports at the Standing Committee on the Food Chain and Animal Health.
Article 11 
Decision 2006/147/EC is repealed.
Article 12 
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 27 August 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission