2002/607/EC: Commission Decision of 23 July 2002 concerning protection measures relating to avian influenza in Chile (Text with EEA relevance) (notified under document number C(2002) 2832)
Date: 2002-07-23
Institutions: European Commission
Subjects: Chile, animal disease, egg, health control, health legislation, import, poultry

L 195/86

EN

Official Journal of the European Communities

24.7.2002

COMMISSION DECISION

of 23 July 2002

concerning protection measures relating to avian influenza in Chile

(notified under document number C(2002) 2832)

(Text with EEA relevance)

(2002/607/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(1) and (5)
thereof,

Having regard to Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organisation of
veterinary checks on animals entering the Community from
third countries and amending Directives 89/662/EEC, 90/425/
EEC and 90/675/EEC (2), as last amended by Directive 96/43/
EC (3), and in particular Article 18(1), (5) and (6) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Chile has confirmed two outbreaks of highly pathogenic
avian influenza on 2 July 2002 in poultry flocks in
region V of Chile.

According to the provisions of Directives 97/78/EC and
91/496/EEC measures shall be taken if, in the territory of
a third country, a disease referred to in Council Directive
82/894/EEC of 21 December 1982 on the notification of
animal diseases within the Community (4),
last
amended by Commission Decision 2000/556/EC (5), or
other diseases or any other phenomenon or circum-
stance liable to present a serious threat to animal or
public health manifests itself or spreads.

as

Directive 82/894/EEC lists certain contagious animal
diseases, such as avian influenza, which present a risk to
the Community herd, notably by their spread as a result
of trade and imports.

Chile has immediately informed the Commission about
the outbreaks and the disease control measures taken.

Chilean veterinary services have stopped certifying as of
21 June 2002 for exports of live poultry and hatching

(1) OJ L 24, 31.1.1998, p. 9.
(2) OJ L 268, 24.9.1991, p. 56.
(3) OJ L 162, 1.7.1996, p. 1.
(4) OJ L 378, 31.12.1982, p. 58.
(5) OJ L 235, 19.9.2000, p. 27.

(6)

(7)

(8)

(9)

eggs,
live ratites and hatching eggs and fresh meat of
poultry, ratites, wild and farmed feathered game, poultry
meat preparations and poultrymeat products destined for
the European Union in accordance with EU require-
ments.

However, one Member State has
taken safeguard
measures by banning all imports of live poultry, poultry-
meat and poultrymeat products from Chile into its
national territory including consignments on their way
from Chile certified before 21 June 2002.

These consignments of fresh poultrymeat on their way
from Chile to Europe can be accepted for importation as
the Chilean authorities have given sufficient guarantees
regarding the risk of disease introduction through these
goods.

To harmonise the measures taken by Member States and
for reasons of clarity and transparency, it is appropriate
to temporarily suspend, in line with the action taken by
Chile, the exportation of live poultry and hatching eggs,
live ratites and hatching eggs and fresh meat of poultry,
ratites, wild and farmed feathered game, poultrymeat
preparations and poultrymeat products meat prepara-
tions consisting of or containing meat of the before
mentioned species from Chile to the European Union.

Commission Decision 97/222/EC (6), as last amended by
Decision 2002/184/EC (7),
lays down the list of third
countries from which Member States may authorise the
importation of meat products and establishes treatment
regimes in order to lower the risk of disease transmission
via such products. The treatment that has to be applied
to the product depends on the health status of
the
country of origin in relation to the species the meat is
is necessary to restrict
obtained from;
imports of poultry meat products originating in Chile to
those treated to a temperature of at least 70 °C.

therefore it

(6) OJ L 98, 4.4.1997, p. 39.
(7) OJ L 61, 2.3.2002, p. 61.

24.7.2002

EN

Official Journal of the European Communities

L 195/87

(10)

(11)

(12)

For the purpose of this Decision meat of poultry, farmed
and wild feathered game and ratites refers to meat for
human consumption and excludes raw material for the
manufacture of animal feedingstuffs and pharmaceutical
or technical products for channelled imports.

The provisions of this Decision shall be reviewed in the
light of the disease evolution and further information
received from the Chilean authorities.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Member States shall prohibit the importation from the territory
of Chile of live poultry and hatching eggs thereof, live ratites
and hatching eggs thereof, fresh meat of poultry, ratites, farmed
and wild feathered game, poultrymeat products and meat
preparations consisting or containing meat of the abovemen-
tioned species except for raw material fulfilling the require-
ments of Chapter 10 of Annex I to Council Directive 92/118/
EEC (1), as last amended by Decision 2001/7/EC (2).

Article 2

By derogation from Article 1 Member States shall authorise the
importation of consignments of fresh meat of poultry, ratites,
farmed and wild feathered game, poultrymeat products and
poultrymeat preparations consisting or containing meat of the
beforementioned species, which have already left Chile and are
on their way to the European Union, if the meat was obtained
from animals slaughtered before 21 June 2002 and they are
accompanied by certificates which have been signed before 21
June 2002.

Article 3

By derogation from Article 1 Member States shall authorise the
importation of poultrymeat products, when the poultrymeat
contained in the meat product has undergone a specific treat-
ment referred to under B, C or D in part IV of the Annex to
Commission Decision 97/222/EC.

Article 4

The Member States shall amend the measures they apply to
imports so as to bring them into compliance with this Decision
and they shall give immediate appropriate publicity to the
measures adopted. They shall immediately inform the Commis-
sion thereof.

Article 5

This Decision shall be reviewed in the light of the evolution of
the disease before 20 September 2002.

This Decision shall apply from 27 July 2002.

Article 6

This Decision shall apply until 1 January 2003.

Article 7

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 23 July 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 62, 15.3.1993, p. 49.
(2) OJ L 2, 5.1.2001, p. 27.