2004/93/EC: Commission Decision of 29 January 2004 concerning protective measures in relation to avian influenza in certain Asian countries as regards the importation of birds other than poultry (Text with EEA relevance) (notified under document number C(2004) 257)
Date: 2004-01-29
Institutions: European Commission
Subjects: Asia, animal disease, bird, domestic animal, import restriction, originating product

30.1.2004

EN

Official Journal of the European Union

L 27/55

COMMISSION DECISION

of 29 January 2004

concerning protective measures in relation to avian influenza in certain Asian countries as regards
the importation of birds other than poultry

(notified under document number C(2004) 257)

(Text with EEA relevance)

(2004/93/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 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 (1), as last amended by Directive 96/43/
EC (2), and in particular Article 18(1) thereof,

(7)

Whereas:

(1)

(2)

(3)

(4)

(5)

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
serious threat to animal and public health and to reduce
sharply the profitability of poultry farming.

Avian influenza has been confirmed in several Asian
countries including Cambodia, Japan, Laos, Pakistan, the
People's Republic of China,
including the territory of
Hong Kong, South Korea, Thailand and Vietnam.

In Indonesia the disease situation in relation to avian
influenza is unclear.

The importation of live poultry and hatching eggs from
any of these countries is not authorised.

Imports of
fresh meat of poultry, ratites, wild and
farmed feathered game, poultrymeat preparations and
poultrymeat products, meat preparations and raw mate-
rial for pet food production consisting of or containing
meat of the beforementioned species, and of eggs for
human consumption from Thailand to the Community
have been suspended by Commission Decision 2004/84/
EC (3) and imports of these goods are not authorised
from any of the other abovementioned countries.

(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 17, 24.1.2004, p. 57.

In accordance to Commission Decision 2000/666/EC (4)
importation of birds other than poultry is authorised
from all member countries of the OIE (World Organisa-
tion for Animal Health) and subject to animal health
guarantees provided by the country of origin and to
strict post-import quarantine measures in the Member
thus preventing the possible introduction of
States,
poultry diseases into Community poultry flocks.

However, given the exceptional disease situation in
several Asian countries and the potential serious conse-
quences related to the specific avian influenza virus
strains involved, as an additional precautionary measure,
the importation of birds other than poultry, and also of
pet birds accompanying their owner into the European
Union from Cambodia, Indonesia, Japan, Laos, Pakistan,
the People's Republic of China including the territory of
Hong Kong, South Korea, Thailand and Vietnam should
be suspended in order to exclude any possible risk for
disease occurrence in quarantine stations under
the
authority of the Member States.

(8)

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

Member States shall immediately suspend the importation of
‘live birds other than poultry’ as defined in Commission Deci-
Japan, Laos,
sion 2000/666/EC from Cambodia,
Pakistan, the People's Republic of China including the territory
of Hong Kong, South Korea, Thailand and Vietnam, including
birds accompanying their owners (pet birds).

Indonesia,

(4) OJ L 278, 31.10.2000, p. 26, as last amended by Decision 2002/

279/EC (OJ L 99, 16.4.2002, p. 17).

L 27/56

EN

Official Journal of the European Union

30.1.2004

Member States shall amend the measures they apply to trade in order to bring them into line with this
Decision and shall give immediate appropriate publicity to the measures adopted. They shall immediately
inform the Commission thereof.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 29 January 2004.

For the Commission

David BYRNE

Member of the Commission