2004/187/EC: Commission Decision of 24 February 2004 concerning protection measures in relation to highly pathogenic avian influenza in the United States of America (Text with EEA relevance) (notified under document number C(2004) 640)
Date: 2004-02-24
Institutions: European Commission
Subjects: United States, animal plague, health certificate, import, poultrymeat

25.2.2004

EN

Official Journal of the European Union

L 57/35

COMMISSION DECISION

of 24 February 2004

concerning protection measures in relation to highly pathogenic avian influenza in the United
States of America

(notified under document number C(2004) 640)

(Text with EEA relevance)

(2004/187/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 amended by Directive 96/43/EC (2),
and in particular Article 18(1) 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) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Avian influenza is a highly contagious viral disease in
poultry and birds, 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.

There is a risk that the disease agent might be intro-
duced via international trade in live poultry and poultry
products.

On 23 February 2004 the United States of America
confirmed one outbreak of highly pathogenic avian
influenza in a poultry flock in the State of Texas
(Gonzales County), which has been detected as positive
during surveillance carried out on 17 February 2004.

This detected avian influenza virus strain is of subtype
H5N2 and therefore different from the strain currently
causing the
in Asia. Current knowledge
suggests that the risk to public health in relation to this
subtype is inferior to the risk of the strain circulating in
Asia, which is an H5N1 virus subtype.

epidemic

However,
in view of the animal health risk of disease
introduction into the Community, it is appropriate as an
immediate measure to suspend imports of live poultry,
farmed and wild feathered game birds and
ratites,
hatching eggs of these species from the United States of
America.

(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.

(7)

(8)

(9)

importation of birds other

In accordance with Commission Decision 2000/666/
EC (4)
than poultry is
authorised from all member countries of the OIE (World
Organisation for Animal Health) subject to animal health
guarantees provided by the country of origin, and to
strict post-import quarantine measures in the Member
States.

However, the importation of birds other than poultry,
and also of pet birds accompanying their owners into
the Community from the United States of America
should be suspended as an additional measure in order
to exclude any possible risk for disease occurrence in
quarantine stations under the authority of the Member
States.

Furthermore, the importation into the Community from
the United States of America should be suspended for
fresh meat of poultry, ratites, wild and farmed feathered
game, meat preparations and meat products consisting
of, or containing meat of, those species, obtained from
birds slaughtered after 27 January 2004, and for eggs for
human consumption.

from which Member

Commission Decision 97/222/EC (5) lays down the list of
third countries
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 the United States of America
least 70 °Celsius
treated to a
throughout
to be
continue
authorised.

temperature of

at
should

the product

(10)

Sanitary control measures applicable to such products
allow the exclusion from the scope of this Decision of
channelled imports of raw material for the manufacture
of animal feedingstuffs and pharmaceutical or technical
products.

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

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

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

2004/118/EC (OJ L 36, 7.2.2004, p. 34).

L 57/36

EN

Official Journal of the European Union

25.2.2004

(11)

The United States of America have signed an Agreement
with the European Community on sanitary measures to
protect public and animal health in trade in live animals
and animal products (1).

(12) As soon as the United States of America has communi-
cated further information on the disease situation and
the control measures taken in this respect the measures
taken on Community level in relation to this outbreak
should be reviewed.

(13)

(14)

The revision of the Decision should take into account
the regionalisation measures proposed by the veterinary
authorities of the United States of America in accordance
with the provisions in the Veterinary Agreement.

The provisions of this Decision will be reviewed at the
meeting of the Standing Committee on the Food Chain
and Animal Health scheduled for 2 and 3 March 2004,

HAS ADOPTED THIS DECISION:

Article 1

Member States shall suspend the importation from the territory
of the United States of:

— live poultry, ratites, farmed and wild feathered game and

hatching eggs of these species,

— birds other than poultry, including pet birds accompanying

their owners,

— eggs for human consumption.

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
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 (A) obtained from
birds slaughtered before 27 January 2004 and in accord-
ance with Article 3(1) of Commission Decision 2004/187/
EC.

(A) Delete as appropriate.’

3.
shall
By derogation from Article 2, Member States
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 point B, C or D in
part IV of the Annex to 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 disease
evolution and information supplied by the veterinary authori-
ties of the United States of America.

Article 2

Member States shall suspend the importation from the territory
of the United States of:

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

game,

This Decision shall apply until 23 March 2004.

Article 6

Article 7

— meat preparations and meat products consisting of, or

This Decision is addressed to the Member States.

containing meat of, those species.

Article 3

Done at Brussels, 24 February 2004.

By derogation from Article 2, Member States

1.
shall
the products covered by this
authorise the importation of
Article which have been obtained from birds slaughtered before
27 January 2004.

For the Commission

David BYRNE

Member of the Commission

(1) Council Decision 98/258/EC (OJ L 118, 21.4.1998, p. 1).