2004/84/EC: Commission Decision of 23 January 2004 concerning protection measures relating to avian influenza in Thailand (Text with EEA relevance) (notified under document number C(2004) 171)
Date: 2004-01-23
Institutions: European Commission
Subjects: Thailand, animal disease, disease prevention, health control, poultry, veterinary legislation

24.1.2004

EN

Official Journal of the European Union

L 17/57

COMMISSION DECISION

of 23 January 2004

concerning protection measures relating to avian influenza in Thailand

(notified under document number C(2004) 171)

(Text with EEA relevance)

(2004/84/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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,

from which Member

Commission Decision 97/222/EC (4) lays down the list of
third countries
States may
authorise the importation of meat products and estab-
lishes 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 obtained from; in order to avoid an
unnecessary burden on trade,
imports of poultrymeat
products originating in Thailand treated to a temperature
of at least 70 ° Celsius should continue to be authorised.

Whereas:

(7)

This decision will be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 2 and 3 February 2004,

Thailand has reported an outbreak of avian influenza in
poultry.

A human case due to infection with the avian influenza
virus strain has also been reported in Thailand.

HAS ADOPTED THIS DECISION:

According to the provisions of Directives 97/78/EC and
91/496/EEC (2), measures shall be taken if, in the terri-
tory of a third country, a disease referred to in Council
Directive 82/894/EEC (3), or other diseases or any other
phenomenon or circumstance liable to present a serious
threat
to animal or public health manifests itself or
spreads.

live poultry and ratites and of

Importation of
their
hatching eggs is not authorised from Thailand; however,
imports of certain poultry products originating from
Thailand could pose a risk of disease introduction.

Therefore imports of fresh meat of poultry, ratites, wild
and farmed feathered game, poultrymeat preparations
and meat preparations
and poultrymeat products
consisting of or containing meat of the abovementioned
species, of raw material for pet-food production obtained
from poultry slaughtered after 1 January 2004 and of
eggs for human consumption from Thailand to the
Community should be immediately suspended, given the
seriousness of the potential risks.

(1) OJ L 24, 31.1.1998, p. 9.
(2) OJ L 268, 29.9.1991, p. 56.
(3) OJ L 378, 31.12.1982, p. 58. Directive as last amended by Regu-

lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

Article 1

Member States shall prohibit the importation from the territory
of Thailand of fresh meat of poultry, ratites, farmed and wild
feathered game, poultrymeat products and meat preparations
consisting or containing meat of the abovementioned species,
of raw material for pet-food production and of eggs for human
consumption.

Article 2

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
Decision 97/222/EC.

(4) OJ L 98, 4.4.1997, p. 39, Decision as last amended by Decision

2003/826/EC (OJ L 311, 27.11.2003, p. 29).

(1)

(2)

(3)

(4)

(5)

L 17/58

EN

Official Journal of the European Union

24.1.2004

Article 3

Article 4

By derogation from Article 1, Member States

shall
1.
authorise the importation of
fresh meat of poultry, ratites,
farmed and wild feathered game, poultrymeat products and
poultrymeat preparations consisting of or containing meat of
the abovementioned species which have been obtained from
birds slaughtered before 1 January 2004.

In the veterinary certificates accompanying consignments
2.
of the products mentioned in paragraph 1 the following words
as appropriate to the species shall be included:

‘Fresh poultrymeat/Fresh ratite meat/Fresh meat of wild
game birds/Fresh meat of farmed game birds/poultrymeat
product/poultrymeat preparation (A)
in accordance with
Article 3(1) of Decision 2004/84/EC.

(A) Delete as appropriate.’

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.

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 23 January 2004.

For the Commission

David BYRNE

Member of the Commission