2004/274/EC: Commission Decision of 23 March 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) 1097)
Date: 2004-03-23
Institutions: European Commission
Subjects: United States, animal plague, health certificate, import, poultrymeat

24.3.2004

EN

Official Journal of the European Union

L 86/27

COMMISSION DECISION
of 23 March 2004
concerning protection measures in relation to highly pathogenic avian influenza in the United
States of America

(notified under document number C(2004) 1097)

(Text with EEA relevance)

(2004/274/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), and in particular Article 18(6) and (7)
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) and (6)
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 have
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 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

in view of the animal health risk of disease
However,
live
introduction into the Community,
poultry, ratites, farmed and wild feathered game birds
and hatching eggs of these species and of fresh meat of

imports of

(1) OJ L 268, 24.9.1991, p. 56, as last amended by Directive 96/43/EC

(OJ L 162, 1.7.1996, p. 1).

(2) OJ L 24, 31.1.1998, p. 9.

(6)

(7)

(8)

and meat products

poultry, ratites, wild and farmed feathered game, meat
preparations
consisting of, or
containing meat of those species, obtained from birds
slaughtered after 27 January 2004, and imports of eggs
for human consumption, have been suspended from the
United States of America as of 25 February 2004 by
Commission Decisions 2004/187/EC (3) and 2004/256/
EC (4).

importation of birds other

In accordance with Commission Decision 2000/666/
EC (5)
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 implemented in
the Member States.

However, the importation of birds other than poultry,
including pet birds accompanying their owners has also
been suspended from the United States of America by
Decision 2004/187/EC as an additional measure in order
to exclude any possible risk for disease occurrence in
quarantine stations under the authority of the Member
States.

Commission Decision 97/222/EC (6), lays down the list
third countries from which Member States may
of
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 the United States of America
least 70° Celsius
treated to a temperature of at
to be
continue
should
throughout
authorised.

the product

(9)

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

(3) OJ L 57, 25.2.2004, p. 35.
(4) OJ L 80, 18.3.2004, p. 31.
(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 98, 4.4.1997, p. 39, as last amended by Decision 2003/826/

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

L 86/28

EN

Official Journal of the European Union

24.3.2004

(10)

(11)

(12)

(13)

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).

The United States of America have communicated some
additional information on the disease situation and the
control measures taken in this respect with a view to
obtain the implementation by the Community of regio-
nalisation measures in accordance with the provisions in
the information
the Veterinary Agreement; however,
available at present still does not allow to reduce the
protection measures laid down in the present Decision
to a confined area.

Therefore the protection measures applicable to the
whole territory of the United States of America should
be prolonged and Decision 2004/256/EC should be
repealed.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
of the Food Chain and Animal Health,

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.

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,

— meat preparations and meat products consisting of, or

containing meat of those species.

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

‘Fresh poultry meat/Fresh ratite meat/Fresh meat of wild
feathered game/Fresh meat of farmed feathered game/meat
product consisting of, or containing meat of poultry, of
ratites, or of farmed or wild feathered game/meat prepara-
tion consisting of, or containing meat of poultry, of ratites,
or of farmed or wild feathered game (*), which has been
obtained from birds slaughtered before 27 January 2004,
in accordance with Article 3(1) of Decision 2004/274/EC.

(*) 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, of ratites, or of 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.

Decision 2004/256/EC is repealed.

Article 4

Article 5

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 6

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.

This Decision shall apply until 23 April 2004.

Article 7

This Decision is addressed to the Member States.

Article 8

Article 3

Done at Brussels, 23 March 2004.

By derogation from Article 2, Member States

shall
1.
authorise the importation of
the products covered by that
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 of 16 March 1998 published in OJ L

118, 21.4.1998, p. 1.