2002/796/EC: Commission Decision of 14 October 2002 amending Decision 2002/607/EC concerning protection measures relating to avian influenza in Chile (Text with EEA relevance) (notified under document number C(2002) 3724)
Date: 2002-10-14
Institutions: European Commission
Subjects: Chile, animal disease, egg, health control, health legislation, import, poultry, veterinary inspection

15.10.2002

EN

Official Journal of the European Communities

L 277/21

COMMISSION

COMMISSION DECISION

of 14 October 2002

amending Decision 2002/607/EC concerning protection measures relating to avian influenza in
Chile

(notified under document number C(2002) 3724)

(Text with EEA relevance)

(2002/796/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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(6) 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(7) thereof,

Whereas:

(1)

(2)

Due to outbreaks of highly pathogenic avian influenza
in Region V of Chile and in order to harmonise the
Member States' acceptance of ‘floating consignments’ on
their way to Europe, Commission Decision 2002/
607/EC concerning protection measures
relating to
avian influenza in Chile (4) was adopted on 23 July
2002.

The importation of
live poultry and hatching eggs
thereof, live ratites and hatching eggs thereof and fresh
meat of poultry, ratites, wild and farmed feathered game
and poultrymeat products
and meat preparations
consisting of or containing meat of the aforementioned
species was temporarily suspended until 1 January 2003.

(3)

Since the first two outbreaks, which were confirmed on
2 July 2002, no further outbreaks have occurred.

(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 195, 24.7.2002, p. 86.

According to Article 22(1) of Council Directive 90/
539/EEC (5) and Article 10(1) of Council Directive 91/
494/EEC (6) the Community can only import live poultry
and fresh poultrymeat from countries which are free
from avian influenza and Newcastle disease.

Following an outbreak of one of the abovementioned
diseases a third country can regain its disease-free status
six months later provided that stamping out with no
emergency vaccination has been applied.

if

the veterinary authorities of

However,
the third
country concerned can guarantee that the disease prob-
lems were confined to a circumscript area, with borders
which can be well controlled as regards movements of
animals and animal products and that other additional
measures
screening have been
performed, the country may be regionalised so that the
restrictions on exportation can be limited to a defined
area around the disease affected area.

serological

like

a

The Chilean veterinary services have carried out a
nationwide serological survey in August 2002 to detect
possible further spread of the disease, which has given
favourable results.

No further outbreaks have been detected since the first
notification and the serological survey is very favourable,
therefore it appears that the disease has been successfully
eradicated.

It is therefore appropriate to provide for a temporary
regionalisation of Chile by authorising exports of
poultry and poultry products from Chile to the Euro-
pean Union from those areas which had not been
affected by the disease.

(5)

(6)

(7)

(8)

(9)

(5) OJ L 303, 31.10.1990, p. 6.
(6) OJ L 268, 24.9.1991, p. 35.

L 277/22

EN

Official Journal of the European Communities

15.10.2002

(10)

Furthermore, the Chilean authorities guarantee that all
poultry destined for slaughter for the European market
originate from holdings outside the area under restric-
tions and have undergone serological testing for avian
influenza on a random basis with negative results prior
to slaughter.

(11) Decision 2002/607/EC must

therefore be amended

accordingly.

(12)

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

HAS ADOPTED THIS DECISION:

Article 1

In Article 1 of Decision 2002/607/EC, after the words
1.
the following words shall be
‘from the territory of Chile’,
inserted: ‘as described in the Annex’. The text of Article 1 shall
become paragraph 1 of Article 1.

The following text shall be added as paragraph 2 of

2.
Article 1:

‘In the veterinary certificates accompanying consignments
originating and/or coming from areas outside the area as
described in the Annex the following words as appropriate to
the species shall be included:

“Live poultry/hatching eggs of poultry/live ratites/hatching eggs
of ratites/fresh poultry meat/fresh ratite meat/fresh meat of

wild game birds/fresh meat of farmed game birds/poultrymeat
product/poultrymeat
accordance with
preparation (*)
Decision 2002/607/EC”

in

(*) Delete as appropriate.’

The Annex to this Decision shall be added as an

3.
Annex to Decision 2002/607/EC.

Article 2

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
Commission thereof.

Article 3

This Decision shall apply from 18 October 2002.

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 14 October 2002.

For the Commission

David BYRNE

Member of the Commission

In Region V the area as described in the Chilean Resolution No 341 of 21 June 2002 as amended by Resolution No 448
of 16 August 2002.

ANNEX