2004/594/EC: Commission Decision of 10 August 2004 concerning protection measures in relation to highly pathogenic avian influenza in the Republic of South Africa (notified under document number C(2004) 3144)(Text with EEA relevance)
Date: 2004-08-10
Institutions: European Commission
Subjects: South Africa, animal plague, health certificate, import restriction, poultrymeat

12.8.2004

EN

Official Journal of the European Union

L 265/9

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 10 August 2004

concerning protection measures in relation to highly pathogenic avian influenza in the Republic of
South Africa

(notified under document number C(2004) 3144)

(Text with EEA relevance)

(2004/594/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

On 6 August 2004 the Republic of South Africa have
confirmed an outbreak of highly pathogenic avian
in the Eastern Cape
influenza in two ratite farms
Province.

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
89/662/EEC,
90/425/EEC and 90/675/EEC (1), and in particular Article
18(1) thereof,

amending Directives

countries

and

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)

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 introduced
via international
trade in live poultry and poultry
products.

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 24, 31.1.1998, p. 9. Regulation as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1).

(4)

(5)

(6)

(7)

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

At this moment for poultry and poultry products, the
Republic of South Africa is only authorised to export to
the Community live ratites and their hatching eggs and
fresh meat from ratites and meat products containing
ratite meat, as well as birds other than poultry.

However
the competent authorities of South Africa
suspended certification of live raties and their meat to
the European Union on 6 August 2004 until
the
situation becomes clearer.

In view of the animal health risk of disease introduction
it is therefore appropriate as an
into the Community,
immediate measure to suspend imports of
live ratites
and hatching eggs of these species from the Republic
of South Africa.

L 265/10

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Official Journal of the European Union

12.8.2004

(8)

(9)

with

accordance

Commission

importation of

Decision
In
2000/666/EC (1)
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.

other

birds

However, the importation of birds other than poultry,
and also of pet birds accompanying their owners into
the Community from the Republic of South Africa
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.

(10)

Furthermore the importation into the Community from
the Republic of South Africa should be suspended for
fresh meat of ratites and wild and farmed feathered
game, meat preparations and meat products consisting
of, or containing meat of those species, obtained from
birds slaughtered after 16 July 2004.

(11)

regimes

in order

to prevent

importation of meat products,

Commission Decision 97/222/EC (2), lays down the list of
third countries from which Member States may authorise
and establishes
the
treatment
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 Republic of South Africa
least 70° Celsius
treated to a
throughout
be
continue
authorised.

temperature of
product

at
should

the

to

(13)

The provisions of this Decision will be reviewed at the
next meeting of the Standing Committee on the Food
Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Member States shall suspend the importation from the territory
of the Republic of South Africa of:

— live ratites and hatching eggs of these species, and

— birds other than poultry including pet birds accompanying

their owners.

Article 2

Member States shall suspend the importation from the territory
of the Republic of South Africa of:

— fresh meat of ratites, and of

— meat preparations and meat products consisting of, or

containing meat of those species.

Article 3

By derogation from Article 2, Member States

1.
authorise the importation of
Article which have been obtained from birds
before 16 July 2004.

shall
the products covered by this
slaughtered

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

‘Fresh ratite meat/meat product consisting of, or containing
meat of ratites/meat preparation consisting of, or containing
meat of ratites (*) obtained from birds slaughtered before 16
July 2004 in accordance with Article 3(1) of Decision
2004/594/EC.

(12) As soon as the Republic of South Africa has commu-
nicated 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.

(1) 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).

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

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

___________
(*) Delete as appropriate.’

shall
By derogation from Article 2, Member States
3.
authorise the importation of meat products consisting of, or
containing meat of ratites, 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.

12.8.2004

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Official Journal of the European Union

L 265/11

Article 4

Article 6

so as

The Member States shall amend the measures they apply to
imports
to bring them into compliance with this
Decision and they shall give immediate appropriate publicity
immediately inform the
to the measures adopted. They shall
Commission thereof.

This Decision shall apply until 1 January 2005.

Article 7

This Decision is addressed to the Member States.

Article 5

This Decision shall be reviewed in the light of
the disease
evolution and information supplied by the veterinary authorities
of the Republic of South Africa.

For the Commission

David BYRNE
Member of the Commission

Done at Brussels, 10 August 2004.