
Article 1 

1. This Decision lays down certain measures to be applied in Portugal where preventive vaccination of mallard ducks (Anas platyrhynchos) intended for re-stocking supplies of game (mallard ducks) is carried out in a holding, which is exposed to the risk of avian influenza. Those measures include certain restrictions on the movement within and dispatch from Portugal of the vaccinated mallard ducks, their hatching eggs and mallard ducks derived thereof.
2. This Decision shall apply without prejudice to the protection measures to be taken by Portugal in accordance with Directive 2005/94/EC and Decision 2006/605/EC.
Article 2 

1. The plan for preventive vaccination against low pathogenic avian influenza in Portugal, as submitted by Portugal to the Commission on 10 September 2008, to be implemented on a holding in the region of Lisboa e Vale do Tejo, Ribatejo Norte, Vila Nova da Barquinha until 31 July 2009 (the preventive vaccination plan) is approved.
2. The Commission shall publish the preventive vaccination plan.
Article 3 

1. Portugal shall ensure that the mallard ducks are vaccinated in accordance with the preventive vaccination plan with a bivalent inactivated heterologous vaccine containing both avian influenza subtypes H5 and H7 authorised by that Member State in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004.
2. Portugal shall ensure that surveillance and laboratory testing of the holding keeping the vaccinated mallard ducks and in unvaccinated poultry holdings, as set out in the preventive vaccination plan, is carried out.
3. Portugal shall ensure that the preventive vaccination plan is implemented efficiently.
Article 4 
The competent authority shall ensure that vaccinated mallard ducks on the holding referred to in Article 2(1) are:

((a)) marked individually;
((b)) not moved to other poultry holdings within Portugal or dispatched to other Member States.
After their reproductive period, such ducks shall be killed humanely on the holding referred to in Article 2(1) and their carcases safely disposed of.
Article 5 
The competent authority shall ensure that hatching eggs originating from mallard ducks on the holding referred to in Article 2(1) may only be moved to a hatchery within Portugal and not dispatched to other Member States.
Article 6 

1. The competent authority shall ensure that mallard ducks derived from vaccinated mallard ducks may only be moved after hatching to a holding located in a surrounding area established in Portugal in relation to the holding referred to in Article 2(1) as set out in the preventive vaccination plan.
2. By way of derogation from paragraph 1 and provided that the mallard ducks derived from vaccinated mallard ducks are more than four month old, they may be:
(a) released into the wild in Portugal; or
(b) dispatched to other Member States provided that:
((i)) the results of the surveillance and laboratory tests as set out in the preventive vaccination plan, are favourable; and
((ii)) the conditions for dispatch of poultry for re-stocking supplies of wild game laid down in Decision 2006/605/EC are met.
Article 7 
Portugal shall ensure that health certificates for intra-Community trade in poultry intended for re-stocking supplies of game referred to in Article 6(2)(b) include the following sentence:
'The animal health conditions of this consignment are in accordance with Decision 2008/838/EC.'.
Article 8 
Portugal 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 thereafter.
Article 9 
Decision 2008/285/EC shall be repealed.
Article 10 
This Decision shall apply until 31 July 2009.
Article 11 
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 3 November 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission