2004/364/EC: Commission Decision of 6 April 2004 concerning protection measures in relation to highly pathogenic avian influenza in Canada (Text with EEA relevance) (notified under document number C(2004) 1311)
Date: 2004-04-06
Institutions: European Commission
Subjects: Canada, animal disease, health certificate, import restriction, originating product, poultry

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Official Journal of the European Union

21.4.2004

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

COMMISSION DECISION

of 6 April 2004

(notified under document number C(2004) 1311)

(Text with EEA relevance)

(2004/364/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,

(6)

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 9 March 2004 Canada confirmed a first outbreak of
highly pathogenic avian influenza in a poultry flock in
the province 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,
introduction into the Community,

in view of the animal health risk of disease
live

imports of

(1) OJ L 268, 24.9.1991, p. 56. Directive 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.

and meat products

poultry, ratites, farmed and wild feathered game birds
and hatching eggs of these species and of fresh meat of
poultry, ratites, wild and farmed feathered game, meat
preparations
consisting of, or
containing meat of those species, obtained from birds
slaughtered after 17 February 2004, and imports of eggs
for human consumption, have been suspended from
Canada as of 11 March 2004 pursuant to Commission
Decision 2004/242/EC (3).

to be applied after

Commission Decision 94/984/EC of 20 December 1994
laying down animal health conditions and veterinary
certificates for the importation of
fresh poultrymeat
from certain third countries (4), Commission Decision
96/482/EC of 12 July 1996 laying down animal health
conditions and veterinary certificates for the importation
of poultry and hatching eggs other than ratites and eggs
from third countries including animal health
thereof
such importation (5),
measures
Commission Decision 2000/585/EC drawing up a list
from which Member States authorise imports of rabbit
meat and certain wild and farmed game meat and laying
down the animal and public health and the veterinary
certification conditions for such imports (6), Commission
Decision 2000/609/EC of 29 September 2000 laying
down animal and public health conditions and veter-
inary certification for imports of farmed ratite meat (7)
and Commission Decision 2001/751/EC of 16 October
2001 laying down animal health conditions and veter-
inary certification for imports of live ratites and hatching
eggs
including animal
health measures to be applied after such importation,
amending Commission Decision 95/233/EC drawing up
a list of third countries from which the Member States
authorise imports of live poultry and hatching eggs and
amending Commission Decision 96/659/EC on protec-
tive measures in relation to Crimean Congo haemor-
rhagic fever (8), respectively, require that the veterinary
authorities of Canada, before dispatching live poultry
and hatching eggs,
live ratites and hatching eggs and
fresh meat of poultry, ratites, farmed and wild feathered
game certify that Canada is free from avian influenza.
The veterinary authorities of Canada had therefore to
suspend all certification following that outbreak.

from third countries

thereof

(3) OJ L 74, 12.3.2004, p. 21.
(4) OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision

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

(5) OJ L 196, 7.8.1996, p. 13. Decision as last amended by Decision

2004/118/EC.

(6) OJ L 251, 6.10.2000, p. 1. Decision as last amended by Decision

2004/245/EC (OJ L 77, 13.3.2004, p. 62).

(7) OJ L 258, 12.10.2000, p. 49. Decision as last amended by Decision

2004/118/EC.

(8) OJ L 281, 25.10.2001, p. 24. Decision as last amended by Decision

2004/118/EC.

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(7)

(8)

(9)

(10)

(11)

The certificates for meat products and meat preparations
consisting of or containing poultrymeat are laid down in
Commission Decision 97/221/EC of 28 February 1997
laying down the animal health conditions and model
veterinary certificates in respect of
imports of meat
products from third countries and revoking Decision 91/
449/EEC (1) and Commission Decision 2000/572/EC of
8 September 2000 laying down the animal and public
health and veterinary certification for imports of meat
preparations into the Community from third countries
and repealing Decision 97/29/EC (2) and make reference
to the animal health requirements set out in Decision
94/984/EC for fresh poultrymeat.

Commission Decision 97/222/EC of 28 February 1997
laying down the list of
third countries from which
Member States may authorise the importation of meat
products (3) establishes treatment regimes in order to
the risk of disease transmission via such
prevent
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 Canada
least 70 °Celsius
treated to a temperature of at
throughout
to be
continue
should
authorised.

the product

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.

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 (4).

Canada has communicated additional
information on
the epidemiological situation and the control measures
taken to confine the disease, with a view to obtaining
the implementation by the Community of regionalisa-
tion measures in accordance with the provisions in the
Veterinary Agreement; in the light of this information,
Community measures can be reduced to an area within
the province of British Columbia only.

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall only authorise the importation from
Canada of live poultry and hatching eggs thereof, live ratites
and hatching eggs thereof,
ratites,
farmed and wild feathered game, meat products and meat
preparations consisting of or containing meat of any of those
species and of eggs for human consumption if they originate
in, or come from, the region of Canada as described in the
Annex.

fresh meat of poultry,

2.
Imports of the products referred to in paragraph 1 origin-
ating in, or coming from, other parts of Canada shall be
prohibited.

Article 2

By derogation from Article 1(2), Member States shall authorise
the importation of the following:

(a) meat products consisting of or containing meat of poultry,
ratites and farmed and wild feathered game when the meat
of these species has undergone one of the specific treat-
ments referred to under points B, C or D in Part IV of the
Annex to Decision 97/222/EC;

(b) fresh meat of poultry, ratites and farmed and wild feathered
game, meat products and meat preparations consisting of
or containing meat of these species, provided that the meat
was obtained from birds slaughtered before 17 February
2004.

Article 3

In the veterinary certificates accompanying consignments

1.
of the products mentioned in Article 2, provided by:

(12) Decision 2004/242/EC should be repealed.

(a) Decision 94/984/EC, for fresh poultrymeat originating in

Canada;

(13)

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

(1) OJ L 89, 4.4.1997, p. 32.
(2) OJ L 240, 23.9.2000, p. 19. Decision as last amended by Decision

2004/212/EC (OJ L 73, 11.3.2004, p. 11).

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

2004/245/EC.

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

OJ L 71, 18.3.1999, p. 1.

(b) Decision 96/482/EC,
originating in Canada;

for live poultry or hatching eggs

(c) Decision 97/221/EC, for meat products consisting of or
containing meat of poultry, ratites and farmed or wild
feathered game originating in Canada;

(d) Decision 2000/572/EC, for meat preparations consisting of
or containing meat of poultry, ratites and farmed and wild
feathered game originating in Canada;

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(e) Decision 2000/585/EC, for fresh meat of farmed and wild

feathered game originating in Canada;

(f) Decision 2000/609/EC, for fresh ratite meat originating in

Canada;

(g) Decision 2001/751/EC for live ratites or their hatching

eggs originating in Canada;

the following words as appropriate to the species and products
concerned shall be inserted respectively:
(a) ‘Fresh poultrymeat in accordance with Commission Deci-

sion 2004/364/EC’;

(b) ‘Live poultry or hatching eggs in accordance with Commis-

sion Decision 2004/364/EC’;

(c) ‘Meat products in accordance with Commission Decision

2004/364/EC’;

(d) ‘Meat preparation in accordance with Commission Decision

2004/364/EC’;

(e) ‘Fresh meat of farmed/wild (delete as appropriate) feathered
game in accordance with Commission Decision 2004/364/
EC’;

(f) ‘Fresh ratite meat in accordance with Commission Decision

2004/364/EC’;

Article 4

Member States shall amend the measures they apply to imports
to make them comply with this Decision. They shall give
immediate appropriate publicity to the measures adopted.

They shall immediately inform the Commission thereof.

Article 5

This Decision shall be reviewed in the light of the evolution of
the avian influenza situation in Canada.

Decision 2004/242/EC is repealed.

Article 6

This Decision shall apply until 1 October 2004.

Article 7

This Decision is addressed to the Member States.

Article 8

(g) ‘Live ratites or hatching eggs in accordance with Commis-

Done at Brussels, 6 April 2004.

sion Decision 2004/364/EC’;

2. Member States shall verify that those animal health certifi-
cates certify the freedom from avian influenza with the regional
code ‘CA-1’ being inserted.

For the Commission

David BYRNE

Member of the Commission

ANNEX

CA-1:

The territory of Canada with the exception of the area in the province of British Columbia bounded by the following:

In the west:

the Georgia Strait

In the south:

the border of the United States of America

In the north:

the North Shore Mountain Range of the Fraser River

In the east:

a line running north-south through the Hunter Creek Weigh Scale of the Province of British Columbia