2004/242/EC: Commission Decision of 11 March 2004 concerning protection measures in relation to highly pathogenic avian influenza in Canada (Text with EEA relevance) (notified under document number C(2004) 849)
Date: 2004-03-11
Institutions: European Commission
Subjects: Canada, animal plague, health certificate, import, poultrymeat

12.3.2004

EN

Official Journal of the European Union

L 74/21

concerning protection measures in relation to highly pathogenic avian influenza in Canada

COMMISSION DECISION

of 11 March 2004

(notified under document number C(2004) 849)

(Text with EEA relevance)

(2004/242/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/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), 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 (2), 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 9 March 2004 Canada has confirmed one outbreak
of highly pathogenic avian influenza in a poultry flock
in the State of British Columbia (Fraser Valley).

The detected avian influenza virus strain is of subtype
H7N3 and therefore different from the strain currently
causing the
in Asia. Current knowledge
suggests that the risk for 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,
ratites,
farmed and wild feathered game birds and
hatching eggs of these species from Canada.

importation of birds other

In accordance with Commission Decision 2000/666/
EC (3)
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.

(7)

(8)

(9)

However, the importation of birds other than poultry,
and also of pet birds accompanying their owners into
the Community from Canada 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
Canada should be suspended for fresh meat of poultry,
ratites, wild and farmed feathered game, meat prepara-
tions and meat products consisting of, or containing
meat of those species, obtained from birds slaughtered
after 17 February 2004 and of eggs
for human
consumption.

Commission Decision 97/222/EC (4), 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 poultry meat
products originating in Canada treated to a temperature
of at least 70 °C throughout the product should continue
to be authorised.

(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.

(1) OJ L 268, 24.9.1991, p. 56; Directive as amended by Directive 91/

43/EC (OJ L 162, 1.7.1996, p. 1).

(2) OJ L 24, 30.1.1998, p. 9.

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

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

(4) OJ L 98, 4.4.1997, p. 39, as last amended by Decision 2004/118/

EC (OJ L 36, 7.2.2004, p. 34).

L 74/22

EN

Official Journal of the European Union

12.3.2004

(11)

Canada has 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 Canada has communicated further informa-
tion 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 Canada 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 22 March 2004,

HAS ADOPTED THIS DECISION:

Article 1

Member States shall suspend the importation from the territory
of Canada 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, and of

— 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 (*) obtained from
birds slaughtered before 17 February 2004 and in accord-
ance with Article 3 (1) of Decision 2004/242/EC.

(*) Delete as appropriate.’

shall
By derogation from Article 2, Member States
3.
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 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 Canada.

Article 2

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

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

game, and of

This Decision shall apply until 6 April 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, 11 March 2004.

By derogation from Article 2, Member States

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

For the Commission

David BYRNE

Member of the Commission

(1) Council Decision 1999/201/EC of 14 December 1998 published in

the OJ L 71, 18.3.1999, p. 3.