2004/614/EC: Commission Decision of 24 August 2004 concerning protection measures in relation to highly pathogenic avian influenza in the Republic of South Africa (notified under document number C(2004) 3293)(Text with EEA relevance)
Date: 2004-08-24
Institutions: European Commission
Subjects: South Africa, animal plague, animal product, bird, import restriction, originating product, poultry

L 275/20

EN

Official Journal of the European Union

25.8.2004

COMMISSION DECISION

of 24 August 2004

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

(notified under document number C(2004) 3293)

(Text with EEA relevance)

(2004/614/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

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
and meat products/meat
fresh meat
preparations containing ratite meat, as well as birds
other than poultry.

from ratites

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(6) and (7) 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) and (6)
thereof,

Whereas:

(1)

(2)

(3)

(4)

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.

On 6 August 2004 the Republic of South Africa has
confirmed two outbreaks of highly pathogenic avian
influenza in ratite flocks in the Eastern Cape Province.

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

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

Act of Accession.

(6)

(7)

(8)

(9)

However the competent authorities of the Republic of
South Africa suspended certification of live ratites and
their meat and certain meat products to the EU on 6
August 2004 until the situation becomes clearer.

In view of the animal health risk of disease introduction
into the Community, imports of live ratites, and hatching
eggs of these species and fresh meat of ratites, meat
preparations
consisting of, or
containing meat of those species, obtained from birds
slaughtered after 16 July 2004, have been suspended
from the Republic of South Africa as of 10 August
2004 by Commission Decision 2004/594/EC (3).

and meat products

with

accordance

Commission

importation of

Decision
In
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
implemented in the Member States.

other

birds

However, the importation of birds other than poultry,
including pet birds accompanying their owners has also
been suspended from the Republic of South Africa by
Decision 2004/594/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.

(2) OJ L 24, 31.1.1998, p. 9. Directive as last amended by Regulation
(EC) 882/2004 of the European Parliament and of the Council (OJ L
165, 30.4.2004 p. 1).

(3) OJ L 265, 12.8.2004, p. 9.
(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).

(10)

(11)

(12)

25.8.2004

EN

Official Journal of the European Union

L 275/21

regimes

in order

to prevent

importation of meat products,

Commission Decision 97/222/EC (1), 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 ratite meat
products originating in the Republic of South Africa
treated to a temperature of at least 70 °C throughout
the product should continue to be authorised.

HAS ADOPTED THIS DECISION:

Article 1

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

— live ratites, and hatching eggs of these species,

the Council (2),

In accordance with Regulation (EC) No 1774/2002 of
the
the European Parliament and of
importation of non-treated game trophies from birds
is
originating from the Republic of South Africa
currently authorised.
the current avian
In view of
influenza situation these imports should be suspended,
thus preventing any risk of disease introduction into the
Community.

— 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:

In view of
imports

In accordance with Regulation (EC) No 1774/2002, the
importation of unprocessed feathers and parts of feathers
originating from the Republic of South Africa is currently
the current avian influenza
authorised.
situation these
thus
should be
preventing any risk of disease introduction into the
Community. However the importation of feathers may
be
commercial
document that states that the feathers have undergone
a certain treatment.

authorised with an accompanying

suspended,

(13)

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

(14)

Therefore the protection measures applicable to the
whole territory of the Republic of South Africa should
be prolonged and Decision 2004/594/EC should be
repealed.

(15)

The measures provided for
accordance with
Committee of the Food Chain and Animal Health.

in this Decision are in
Standing
the

opinion

the

of

(1) OJ L 98, 4.4.1997, p. 39. Decision as last amended by the 2003 Act

of Accession.

— fresh meat of ratites,

— meat preparations and meat products consisting of, or

containing meat of these species,

— non treated game trophies from any birds,

— unprocessed feathers and parts of feathers.

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 that
slaughtered

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

‘Fresh ratite meat/meat product consisting of, or containing
meat of ratites /meat preparation consisting of, or containing
meat of ratites (*), which has been obtained from ratites
slaughtered before 16 July 2004, in accordance with Article
3(1) of Decision 2004/614/EC.

(2) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 878/2004 (OJ L 162, 30.4.2004,
p. 62).

___________
(*) Delete as appropriate.’.

L 275/22

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Official Journal of the European Union

25.8.2004

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.

travellers

4.
For the importation of processed feathers or parts of
feathers
(excluding processed decorative feathers, processed
their private use or
feathers
for
carried by
consignments of processed feathers sent to private individuals
for non industrial purposes) a commercial document stating
that the processed feathers or parts thereof have been treated
with a steam current or by some other method ensuring that no
pathogens are transmitted shall accompany the consignment.

to the measures adopted. They shall
Commission thereof.

immediately inform the

Article 6

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.

Article 7

This Decision shall apply until 1 January 2005.

Article 8

Article 4

This Decision is addressed to the Member States.

Decision 2004/594/EC is repealed.

Article 5

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

so as

Done at Brussels, 24 August 2004.

For the Commission

David BYRNE
Member of the Commission