98/85/EC: Commission Decision of 16 January 1998 concerning certain protective measures with regard to live birds coming from, or originating in Hong Kong and China (Text with EEA relevance)
Date: 1998-01-16
Institutions: European Commission
Subjects: China, Hong Kong, bird, health legislation, health risk, import restriction

21. 1. 98

EN

Official Journal of the European Communities

L 15/45

COMMISSION DECISION

of 16 January 1998

concerning certain protective measures with regard to live birds coming from,
or originating in Hong Kong and China

(Text with EEA relevance)

(98/85/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/496/EEC of 15
July 1991 laying down the principles governing the or-
ganisation of veterinary checks on animals entering the
Community from third countries and amending Direct-
ives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last
amended by Directive 96/43/EC (2), and in particular
Article 18(7) thereof,

Whereas epidemiological findings in Hong Kong have
shown a likely connection, with regard to the infection
with the influenza A H5N1 virus, between poultry and
men;

Whereas the geographical origin of the virus seems to be
uncertain as well as the way of its transmission from live
birds to the human population or its spreading among
the human population;

Whereas it is necessary to take the necessary precautions
for preventing the introduction of the influenza A H5N1
virus into the Community through live birds;

Whereas imports of live poultry from Hong Kong and
China are not allowed by Community legislation;

Whereas other birds can be imported pursuant to the
conditions laid down in Article 7(A) of Council Directive
92/65/EEC of 13 July 1992 laying down animal health
requirements governing trade in and imports into the
Community of animals, semen, ova and embryos not
to animal health requirements laid down in
subject
specific Community rules referred to in Annex A(I) to
Directive 90/425/EEC (3), as last amended by Commis-
sion Decision 95/176/EC (4);

Whereas these measures are considered not to be suffi-
cient to prevent influenza A viruses via trade in birds
entering quarantine stations situated on the territory of
the Community;

Whereas therefore birds other than those referred to in
Council Directive 90/539/EEC on animal health condi-
tions governing intra-Community trade in and imports
from third countries of poultry and hatching eggs (5), as
last amended by the Act of Accession of Austria, Finland
and Sweden, originating in or coming from Hong Kong
and China must not be introduced into the Community;

Whereas the measures provided for in this Decision are
in accordance with the opinion of the Standing Veter-
inary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The introduction into the territory of the Community of
live birds other than those referred to in Directive 90/
539/EEC, coming from or originating in Hong Kong and
China is suspended.

Article 2

This Decision will be reviewed before 31 March 1998.

Article 3

Member States shall alter the measures they apply to
trade in order to bring them into line with this Decision.
They shall immediately inform the Commission thereof.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 16 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 268, 24. 9. 1991, p. 56.
(2) OJ L 162, 1. 7. 1996, p. 1.
(3) OJ L 268, 14. 9. 1992, p. 54.
(4) OJ L 117, 24. 5. 1995, p. 23.

(5) OJ L 303, 31. 10. 1990, p. 6.