2004/122/EC: Commission Decision of 6 February 2004 concerning certain protection measures in relation to avian influenza in several Asian countries (Text with EEA relevance) (notified under document number C(2004) 389)
Date: 2004-02-06
Institutions: European Commission
Subjects: Asia, animal disease, import, infectious disease, poultry, poultrymeat

7.2.2004

EN

Official Journal of the European Union

L 36/59

concerning certain protection measures in relation to avian influenza in several Asian countries

COMMISSION DECISION

of 6 February 2004

(notified under document number C(2004) 389)

(Text with EEA relevance)

(2004/122/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 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) and (6) thereof,

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 (3), and in particular Article 22(1), (5) and (6)
thereof,

Whereas:

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.

Indonesia,

As of 3 February 2004 12 human cases of infection
with the avian influenza virus strain have been reported
in Vietnam and Thailand, some of which were fatal.

(6)

(7)

(8)

(9)

Commission Decision 2000/609/EC (5) lays down animal
and public health conditions and veterinary certificates
for imports of fresh meat of farmed ratites; Thailand is
included in this Decision.

Commission Decision 2000/572/EC (6) lays down animal
and public health conditions and veterinary certification
for imports of minced meat and meat preparations from
third countries; Thailand and parts of the territory of the
People's Republic of China are authorised under this
Decision for
imports into the Community of such
products.

Commission Decision 2000/585/EC (7) lays down animal
and public health conditions and veterinary certification
for imports of wild and farmed game meat and rabbit
meat from third countries and Thailand is included in
this Decision.

(a)

Imports obtained from birds slaughtered after 1 January
2004 from Thailand to the Community of the following
products:
fresh meat of poultry, ratites, wild and
farmed feathered game; (b) meat preparations and meat
products consisting of, or containing, meat of
those
species; (c) raw material for pet food production and of
eggs for human consumption, have been suspended by
Commission Decision 2004/84/EC (8), and imports of
these products are not authorised from any of the other
countries mentioned above.

The importation of live poultry and live ratites including
their hatching eggs, which could pose a risk for disease
introduction into the Community,
is not authorised
from any of these countries.

(10)

Commission Decision 94/984/EC (4)
lays down the
health conditions and veterinary certificates for imports
of fresh poultrymeat; Thailand and parts of the territory
of the People's Republic of China are included in this
Decision.

In accordance with Chapter 14(1)(B) of Annex I
to
Council Directive 92/118/EEC (only applicable until 30
April 2004) and with Regulation (EC) No 1774/2002,
the importation of unprocessed poultry manure can only
be authorised from those third countries authorised to
import
into the Community fresh poultrymeat and
therefore such imports will no longer be able to be
authorised by these provisions.

(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 24, 31.1.1998, p. 9.
(4) OJ L 378, 31.12.1994, p. 11, as last amended by Decision 2002/

477/EC (OJ L 164, 22.6.2002, p. 39).

(5) OJ L 258, 12.10.2000, p. 49, as last amended by Decision 2003/

573/EC (OJ L 194, 1.8.2003, p. 89).

(6) OJ L 240, 23.9.2000, p. 19.
(7) OJ L 251, 6.10.2000, p. 1, as last amended by Decision 2002/646/

EC (OJ L 211, 7.8.2002, p. 23).

(8) OJ L 17, 24.1.2004, p. 57.

(1)

(2)

(3)

(4)

(5)

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(11)

(12)

(13)

(14)

(15)

Commission Decision 97/222/EC (1), lays down the list
of
third countries from which Member States may
authorise the importation of meat products, and estab-
lishes treatment regimes in order to prevent the risk of
disease transmission via such products. The treatment
that must 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 °C throughout the product should continue
to be authorised.

In relation to animal health requirements, the importa-
tion of fresh poultrymeat from certain parts of the terri-
tory in the People's Republic of China into the Com-
munity was authorised, but then it has been suspended
by Commission Decision 2002/69/EC (2)
since early
2002 in relation to certain public health requirements.
In view of the present avian influenza situation it is
appropriate for reasons of clarity and legal certainty to
suspend the importation of fresh poultrymeat, of meat
preparations consisting of or containing any parts of
poultry, and of
food and feed material
containing any parts of poultry also from an animal
health point of view.

raw pet

In relation to animal health requirements, the importa-
tion of eggs for human consumption is in principle
authorised from Thailand, the People's Republic of China
these countries has
and South Korea, but none of
provided all the necessary public health guarantees that
are required to allow such imports. However, for reasons
of clarity and legal certainty it is therefore appropriate to
prohibit such imports also on animal health grounds.

In accordance with Directive 92/118/EEC (3)
(only
applicable until 30 April 2004), and with Regulation
(EC) No 1774/2002 of the European Parliament and of
the Council (4),
the importation of non-treated game
trophies
the
People's Republic of China and South Korea is currently
authorised. In view of the current avian influenza situa-
tion these imports should be suspended, thus preventing
any risk of disease introduction into the Community.

from birds originating from Thailand,

In accordance with Directive 92/118/EEC (only applic-
able until 30 April 2004) and with Regulation (EC) No
1774/2002, the importation of unprocessed feathers and
parts of feathers originating from the Asian countries
affected by avian influenza listed in recital 2 is currently
authorised. In view of the current avian influenza situa-
tion these imports should be suspended, thus preventing
the
any

introduction

disease

into

risk

of

Community. However the importation of feathers may
be authorised with an accompanying commercial docu-
ment that states that
the feathers have undergone a
certain treatment.

(16)

In accordance with Commission Decision 2000/666/
EC (5),
importation of birds other than poultry was
authorised from all member countries of the OIE (World
to animal
Organisation for Animal Health),
health guarantees provided by the country of origin and
to strict post-import quarantine measures in the Member
States,
thus preventing the possible introduction of
poultry diseases into Community poultry flocks.

subject

(17) 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 owners into the Com-
munity from Cambodia, Indonesia, Japan, Laos, Pakistan,
People's Republic of China including the territory of
Hong Kong, South Korea, Thailand and Vietnam has
been suspended by Commission Decision 2004/93/EC (6)
in order to exclude any possible risk for disease occur-
rence in quarantine stations under the authority of the
Member States.

(18)

In order to consolidate the measures adopted in relation
to avian influenza in Asia and to make the necessary
technical and legal adaptations, Decisions 2004/84/EC
and 2004/93/EC should be repealed and a new Decision
adopted.

(19)

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

1. Member States shall suspend the importation from the
territory of Thailand of:

(1) OJ L 89, 4.4.1997, p. 39, as last amended by Decision 2003/826/

EC (OJ L 311, 27.11.2003, p. 29).

(2) OJ L 30, 31.1.2002, p. 50, replaced by Decision 2002/994/EC (OJ
L 348, 21.1.2002, p. 154) as last amended by Decision 2003/72/EC
(OJ L 26, 31.1.2003, p. 84).

(3) OJ L 62, 15.3.1993, p. 49, as last amended by Decision 2003/721/

EC (OJ L 260, 11.10.2003, p. 21).

(4) OJ L 273, 10.10.2002, p. 1.

— fresh meat of poultry, ratites, farmed and wild feathered

game,

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

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

(6) OJ L 27, 30.1.2004, p. 55.

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— meat preparations and meat products consisting of, or

Article 4

containing meat of those species,

— raw pet food and unprocessed feed material containing any

parts of those species, and

— eggs

for human consumption and non treated game

trophies from any birds.

By derogation from paragraph 1, Member States shall
2.
authorise the importation of
the products covered by this
Article which have been obtained from birds slaughtered before
1 January 2004.

In the

veterinary

certificates/commercial documents
3.
accompanying consignments of
the products mentioned in
paragraph 2 the following words as appropriate to the species
shall be included:

‘Fresh poultrymeat/fresh ratite meat/fresh meat of wild
feathered game/fresh meat of farmed feathered game/meat
product consisting of, or containing meat of poultry,
ratites, farmed or wild feathered game meat/meat prepara-
tion consisting of, or containing meat of poultry, ratites,
farmed or wild feathered game meat/raw pet food and
unprocessed feed material containing any parts of poultry,
ratites, farmed or wild feathered game (A) obtained from
birds slaughtered before 1 January 2004 and in accordance
with Article 1(2) of Decision 2004/122/EC.

(A) Delete as appropriate.’

By derogation from paragraph 1, Member States shall
4.
authorise the importation of meat products consisting of, or
containing meat of poultry, ratites, farmed and wild feathered
game, when the meat of these species has undergone one of
the specific treatments referred to under points B, C or D in
part IV of the Annex to Commission Decision 97/222/EC.

Article 2

Member States shall suspend the importation from the People's
Republic of China of:

— fresh poultrymeat,

— meat preparations and meat products consisting of, or

containing poultrymeat,

— raw pet food and unprocessed feed material containing any

parts of poultry, and

shall

suspend the importation from
1. Member States
Cambodia,
the People's
Indonesia,
Republic of China including the territory of Hong Kong, South
Korea, Thailand and Vietnam of:

Japan, Laos, Pakistan,

— unprocessed feathers and parts of feathers, and

— ‘live birds other than poultry’ as defined in Decision 2000/
including birds accompanying their owners (pet

666/EC,
birds).

2.
For the importation of processed feathers or parts of
feathers (excluding processed decorative feathers, processed
feathers carried by travellers for their private use or consign-
ments of processed feathers sent to private individuals for non
industrial purposes) a commercial document stating that the
processed feathers or parts thereof have been treated with a
steam current or by some other method ensuring that no
pathogens are transmitted shall accompany the consignment.

Article 5

Decisions 2004/84/EC and 2004/93/EC are repealed.

Article 6

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 7

This Decision shall apply until 15 August 2004.

Article 8

— eggs

for human consumption and non-treated game

This Decision is addressed to the Member States.

trophies from any birds.

Article 3

Member States shall suspend the importation from South Korea
of:

— raw pet food and unprocessed feed material containing any

parts of poultry, and

— eggs

for human consumption and non-treated game

trophies from any birds.

Done at Brussels, 6 February 2004.

For the Commission

David BYRNE

Member of the Commission