
Article 1 
The appropriate Minister   shall take the necessary measures to ensure that the competent authorities make appropriate arrangements with wild bird observation and ringing organisations, hunting and other relevant organisations in order to ensure that those organisations are required to notify the competent authorities without delay of any abnormal mortality or significant disease outbreaks occurring in wild birds and in particular wild water birds.
Article 1a 
For the purposes of this Decision—
(a) “the competent authority” means the appropriate Minister for the relevant constituent part of   Great Britain;
(b) “the appropriate Minister” means—
(i) in relation to England, the Secretary of State;
(iii) in relation to Scotland, the Scottish Ministers;
(iv) in relation to Wales, the Welsh Ministers.
Article 2 

1. The appropriate Minister  shall ensure that immediately following receipt by the competent authority of any notification, as provided for in Article 1, and whenever no clear cause of disease other than avian influenza is identified, the competent authority shall arrange for:
(a) appropriate samples to be collected from dead birds and if possible from other birds which have been in contact with the dead birds;
(b) those samples must be subjected to laboratory tests for the detection of the avian influenza virus.
2. Sampling and testing procedures shall be carried out in accordance with Chapters II to VIII of the Diagnostic Manual for avian influenza approved by Decision 2006/437/EC.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3 
The surveillance programmes for avian influenza in poultry and wild birds to be carried out by  the appropriate Minister, in accordance with Article 4(1) of Directive 2005/94/EC (read as if it applied to the appropriate Minister rather than to Member States), shall comply with the guidelines set out in Annexes I and II to this Decision.
Article 4 
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Article 5 
Decisions 2005/731/EC and 2007/268/EC are repealed.
Article 6 
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Done at Brussels, 25 June 2010.
For the Commission
John DALLI
Member of the Commission
ANNEX I
1. 
The objectives of the surveillance programmes for avian influenza in poultry are to inform the competent authority of circulating avian influenza virus with a view to controlling the disease in accordance with Directive 2005/94/EC by the annual detection through active surveillance for:


((a)) low pathogenic avian influenza (LPAI) of subtypes H5 and H7 in gallinaceous birds (namely chickens, turkeys, guinea fowl, pheasants, partridges and quails) and ratites thereby complementing other existing early detection systems;
((b)) LPAI of subtypes H5 and H7 and highly pathogenic avian influenza (HPAI) in domestic waterfowl (namely ducks, geese and mallards for re-stocking supplies of game);

2. 
Sampling and serological testing in poultry holdings shall be carried out in order to detect the presence of antibodies to avian influenza, as defined in Directive 2005/94/EC.

That active surveillance complements the early detection systems already in place in  Great Britain  as provided for in Decision 2005/734/EC and in Chapter II of the Diagnostic Manual for avian influenza approved by Commission Decision 2006/437/EC (the Diagnostic Manual); in particular those implemented in poultry holdings that are deemed at being at a higher risk for avian influenza introduction.

Two main internationally recognised methods exist for animal disease surveillance: (a) risk-based surveillance; and (b) surveillance based on representative sampling.
 2.1. 
RBS shall be the preferred method for the carrying out of surveillance for avian influenza in a targeted and resource efficient way.

The appropriate Minister  choosing that method shall specify the relevant risk pathways for infection of poultry flocks and the sampling frame for poultry holdings identified as being at a higher risk of becoming infected with avian influenza.

The criteria and risk factors listed in Section 4.1 are not exhaustive, but give an indication of how to target sampling and testing of poultry species and poultry production categories in different husbandry systems. Depending of the individual animal health situation ..., they may need to be weighted differently.
 2.2. 
An appropriate Minister, if not  in a position to carry out a sufficiently evidence based assessment of the risk pathways for infection of poultry flocks on its territory, ... shall implement surveillance based on a representative sampling scheme. The number of poultry holdings to be sampled must correspond to those in Tables 1 and 2, depending on the poultry species.

Sampling for serological testing for avian influenza shall be stratified ... so that samples can be considered as representative for the whole of  Great Britain.

3. 
The sampling of the following poultry species and production categories shall be included in the surveillance programme:


((a)) laying hens;
((b)) free range laying hens;
((c)) chicken breeders;
((d)) turkey breeders;
((e)) duck breeders;
((f)) geese breeders;
((g)) fattening turkeys;
((h)) fattening ducks;
((i)) fattening geese;
((j)) farmed game birds (gallinaceous) focusing on adult birds such as breeding birds;
((k)) farmed game birds (waterfowl);
((l)) ratites.

However, in the following specified exceptional circumstances, the following poultry categories may also be included:


((m)) broilers, but only when: (i) they are kept in significant numbers in free range production and (ii) they are considered to pose a higher risk of infection with avian influenza;
((n)) backyard flocks: they generally play a minor role in virus circulation and spread and sampling them is resource intensive; however, in certain  areas  backyard flocks may pose a higher risk of avian influenza due to their presence in significant numbers, their proximity to commercial poultry holdings, involvement in local/regional trade and other criteria and risk factors as listed in Section 4.1 in particular as regards the species composition.

However, where a well reasoned justification as regards the level of risk is provided for a poultry production category (such as chicken breeders kept under high biosecurity conditions), it may also be omitted from the sampling.

4. 
The choice of RBS must be determined by an assessment ... which shall consider at least the following criteria and risk factors:
 4.1.  4.1.1. 

((a)) The location of the poultry holding in proximity to wet areas, ponds, swamps, lakes, rivers or sea shores where migratory wild water birds may gather.
((b)) The location of the poultry holding in areas with a high density of migratory wild birds, in particular of those birds that are characterised as ‘target species’ (TS) for HPAI H5N1 detection and listed in Part 2 of Annex II.
((c)) The location of poultry holding in proximity to resting and breeding places of migratory wild water birds, in particular where these areas are linked through migratory birds’ movements to areas where HPAI H5N1 is known to occur in wild birds or poultry.
((d)) Poultry holdings with free range production, or poultry holdings where poultry or other captive birds are kept in the open-air in any premises in which contact with wild birds cannot be sufficiently prevented.
((e)) Low biosecurity level in the poultry holding, including the method of storage of feed and the use of surface water.
 4.1.2. 

((a)) The presence of more than one poultry species in the same poultry holding, in particular the presence of domestic ducks and geese together with other poultry species.
((b)) The type of poultry production and the poultry species on the holding for which surveillance data have shown an increased detection rate of avian influenza infection ..., such as duck holdings and poultry intended for re-stocking supplies of game (in particular farmed mallards).
((c)) The location of the poultry holding in areas with high densities of poultry holdings.
((d)) Trade patterns, including imports and related intensity of movements, both direct and indirect, of poultry and other factors including vehicles, equipment and persons.
((e)) The presence of long lived poultry categories and multi-age groups of poultry on the holding (such as layers).
 4.2. 
The level of targeting must reflect the number and local weighting of risk factors present on the poultry holding.

The competent authority may consider other risk factors in its assessment in designing its surveillance design which must be duly indicated and justified in their surveillance programme.
 4.3. 
Tables 1 and 2 may be used as a basis in order to determine the number of poultry holdings to be sampled per risk population.

5. 
Where representative sampling as referred to in Section 2.2 is carried out, the number of poultry holdings to be sampled shall be calculated based on the figures set out in Tables 1 and 2 according to the poultry species present on the poultry holding.
 5.1.  5.1.1. 
For each poultry production category, except those of ducks, geese and mallards, the number of poultry holdings to be sampled shall be defined so as to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 95 % confidence interval.

Sampling shall be carried out according to Table 1:


Number of holdings per poultry production category ... Number of poultry holdings to be sampled
Up to 34 All
35-50 35
51-80 42
81-250 53
> 250 60
 5.1.2. 
The number of duck, goose and mallard holdings to be sampled shall be defined to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 99 % confidence interval.

Sampling shall be carried out according to Table 2:


Number of duck, goose and mallard holdings ... Number of duck, goose and mallard holdings to be sampled
Up to 46 All
47-60 47
61-100 59
101-350 80
> 350 90
 5.2. 
The figures referred to in points 5.2.1 and 5.2.2 apply both to poultry holdings sampled on the basis of risk-based surveillance and on the basis of representative sampling.
 5.2.1. 
The numbers of birds to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza, if the prevalence of sero-positive birds is ≥ 30 %.

Blood samples for serological examination shall be collected from all poultry production categories and poultry species from at least 5 to 10 birds (except ducks, geese and mallards) per poultry holding, and from the different sheds, where more than one shed is present on a holding.

In case of several sheds, samples shall be taken from at least five birds per shed.
 5.2.2. 
The numbers of ducks, geese and mallards to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza where the prevalence of sero-positive birds is ≥ 30 %.

Twenty blood samples shall be taken for serological testing from each selected poultry holding.

6. 
The time period for sampling in the poultry holding shall coincide with seasonal production for each poultry production category and sampling may also be performed at the slaughterhouse. This sampling practice must not compromise the risk targeted approach according to the criteria and risk factors listed in Section 4.1.

In order to optimise efficiency and also to avoid the unnecessary entry of persons onto poultry holdings, sampling shall, whenever possible, be combined with sampling for other purposes, such as within the framework of Salmonella and Mycoplasma control. However, such combining must not compromise the requirements for risk based surveillance.

7. 
Sampling for virological testing for avian influenza shall not be used as an alternative to serological testing and must be performed solely within the framework of investigations to follow-up serological positive testing results for avian influenza.

8. 
The sampling of poultry holdings shall be carried out annually. However, on the basis of a risk assessment,  the appropriate Minister  may decide to carry out sampling and testing more frequently. The justification for doing so must be detailed in the surveillance programme.

Sampling shall be carried out in accordance with the approved surveillance programme from 1 January to 31 December of the year of implementation of that programme.

9. 
The testing of samples shall be carried out at  the national reference laboratory for avian influenza or by other laboratories authorised by the Secretary of State (“the NRL”) with the consent of the other appropriate Ministers.

Laboratory tests shall be carried out in accordance with the Diagnostic Manual which lays down the procedures for the confirmation and differential diagnosis of avian influenza.

...

All positive serological findings shall be confirmed by the NRL by a haemagglutination-inhibition test, using designated strains ...:


((a)) for H5 subtype:

((i)) initial testing using teal/England/7894/06 (H5N3);
((ii)) testing of all positives with chicken/Scotland/59(H5N1) to eliminate N3 cross reactive antibodies;
((b)) for H7 subtype:

((i)) initial testing using turkey/England/647/77 (H7N7);
((ii)) testing of all positive with African starling/983/79 (H7N1) to eliminate N7 cross reactive antibodies.

All positive serological findings must be followed up at the poultry holding by epidemiological investigations and further sampling for testing by virological methods in order to determine, if active infection of avian influenza virus is present on the poultry holding. ...

...

...

ANNEX II

PART 1 1. 
The objective of the surveillance programme for avian influenza in wild birds is the timely detection of HPAI of the subtype H5N1 in wild birds in order to protect poultry in poultry holdings and safeguard veterinary public health.
 2.  (a) A risk-based surveillance (RBS) shall be implemented as a ‘passive’ surveillance system by laboratory investigation of moribund wild birds or birds found dead and it shall be specifically directed towards water bird species.
 (b) Wild birds, in particular migratory water birds, that have been shown to be at a higher risk of becoming infected with, and transmitting the HPAI H5N1 virus, the ‘target species’ (TS), shall be specifically targeted.
 (c) Areas close to the sea, lakes and waterways where birds were found dead; and in particular when these areas are in close proximity to poultry holdings, especially in areas where there is a high density of poultry holdings, shall be targeted.
 (d) Close cooperation with epidemiologists and ornithologists and the competent authority for nature conservation shall be ensured in the preparation of the surveillance programme, assisting in species identification and optimising sampling adapted to the national situation.
 (e) If the epidemiological situation for the HPAI H5N1 virus so requires, surveillance activities shall be enhanced by awareness raising and active searching and monitoring for dead or moribund wild birds, in particular for those belonging to TS. ...
 3.  (a) Sampling procedures shall be carried out in accordance with the Diagnostic Manual.
 (b) Cloacal and tracheal/oropharyngeal swabs and/or tissues from wild birds found dead or moribund shall be sampled for molecular detection (PCR) and/or virus isolation.
 (c) Specific care must be taken for the storage and transport of samples in accordance with paragraphs 5 and 6 of Chapter IV of the Diagnostic Manual. All avian influenza virus isolates of cases in wild birds shall be submitted to the  NRL. Viruses of the H5/H7 subtype shall be submitted to the  NRL  without delay and shall be subjected to the standard characterisation tests (nucleotide sequencing/IVPI) according to the Diagnostic Manual.
 (d) Sampling shall not extend beyond 31 December of the year of implementation of the surveillance programme.
 4. 
Laboratory tests shall be carried out in accordance with the Diagnostic Manual.

The testing of samples shall be carried out at the NRL ... or by other laboratories authorised by the competent authorities and under the control of the NRL.

However, if a  the appropriate Minister  wishes to use laboratory tests not laid down in the Diagnostic Manual nor described in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE, those tests must first be deemed fit for purpose by the  NRL, based on validated data, before being used.

Initial screening using M gene PCR shall be carried out, followed by rapid testing of positive findings for H5 which shall be carried out within a period of not more than 2 weeks. In case of a positive finding for H5, an analysis of the cleavage site shall be undertaken as soon as possible to determine whether or not it has a highly pathogenic avian influenza (HPAI) or a low pathogenic avian influenza (LPAI) motif. Where H5 HPAI is confirmed, further analysis to determine the N type must be done rapidly, even though this can only provide evidence to eliminate N1.
 5. 

— In case of confirmed positive cases of HPAI H5 (N1), the control measures laid down in Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/ECmeasures in the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007  shall apply.
— As part of epidemiological investigations, it is important to identify areas linked to those cases to possibly forecast further virus incursions of avian influenza, in particular in areas of relevance to poultry production, such as areas with a high density of poultry holdings.

PART 2

No Scientific name Common name
1. Accipiter gentilis Northern Goshawk
2. Accipiter nisus Eurasian Sparrowhawk
3. Anas acuta Northern Pintail
4. Anas clypeata Northern Shoveler
5. Anas crecca Common Teal
6. Anas penelope Eurasian Wigeon
7. Anas platyrhynchos Mallard
8. Anas querquedula Garganey
9. Anas strepera Gadwall
10. Anser albifrons albifrons Greater White-fronted Goose (European race)
11. Anser anser Greylag Goose
12. Anser brachyrhynchus Pink-footed Goose
13. Anser erythropus Lesser White-fronted Goose
14. Anser fabalis Bean Goose
15. Ardea cinerea Grey Heron
16. Aythya ferina Common Pochard
17. Aythya fuligula Tufted Duck
18. Branta bernicla Brent Goose
19. Branta canadensis Canada Goose
20. Branta leucopsis Barnacle Goose
21. Branta ruficollis Red-breasted Goose
22. Bubo bubo Eurasian Eagle-Owl
23. Buteo buteo Common Buzzard
24. Buteo lagopus Rough-legged Buzzard
25. Cairina moschata Muscovy Duck
26. Ciconia ciconia White Stork
27. Circus aeruginosus Eurasian Marsh Harrier
28. Cygnus columbianus Bewick’s Swan
29. Cygnus cygnus Whooper swan
30. Cygnus olor Mute Swan
31. Falco peregrinus Peregrine Falcon
32. Falco tinnunculus Common Kestrel
33. Fulica atra Eurasian Coot
34. Larus canus Common Gull
35. Larus ridibundus Black-headed Gull
36. Limosa limosa Black-tailed Godwit
37. Marmaronetta angustirostris Marbled Teal
38. Mergus albellus Smew
39. Milvus migrans Black Kite
40. Milvus milvus Red Kite
41. Netta rufina Red-crested Pochard
42. Phalacrocorax carbo Great Cormorant
43. Philomachus pugnax Ruff
44. Pica pica Eurasian Magpie
45. Pluvialis apricaria Eurasian Golden Plover
46. Podiceps cristatus Great Crested Grebe
47. Podiceps nigricollis Black-necked Grebe
48. Porphyrio porphyrio Purple Swamphen
49. Tachybaptus ruficollis Little Grebe
50. Vanellus vanellus Northern Lapwing
