2004/851/EC: Commission Decision of 14 December 2004 amending for the third time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries (notified under document number C(2004) 4775)Text with EEA relevance
Date: 2004-12-14
Institutions: European Commission
Subjects: Asia, Malaysia, animal disease, import restriction, infectious disease, poultry, veterinary inspection

L 368/48

EN

Official Journal of the European Union

15.12.2004

COMMISSION DECISION

of 14 December 2004

amending for the third time Decision 2004/122/EC concerning certain protection measures in
relation to avian influenza in several Asian countries

(notified under document number C(2004) 4775)

(Text with EEA relevance)

(2004/851/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

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(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(6) thereof,

Whereas:

(4)

(5)

(6)

in particular with respect

the
Given the disease situation in most countries of
region,
to the continuing
outbreaks of avian influenza in Malaysia, Thailand,
Vietnam, the People’s Republic of China and Indonesia,
it is necessary to further prolong the protection measures
in place.

At present some of the countries listed above have not
reported any further outbreaks; therefore their disease
status in relation to avian influenza should be reviewed
before December 2004.

listed
in
The western peninsula of Malaysia
is
Commission Decision 94/85/EC (4) and it
is therefore
necessary to restrict the importation of table eggs, non-
treated game trophies, raw pet food and unprocessed
feed materials containing any parts of poultry from this
region in Malaysia.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(1)

(2)

By Decision 2004/122/EC (3) the Commission adopted
protection measures in relation to avian influenza in
several Asian countries, namely in Cambodia, Indonesia,
the People’s Republic of China
Japan, Laos, Pakistan,
including the territory of Hong Kong, South Korea,
Thailand and Vietnam.

HAS ADOPTED THIS DECISION:

On 19 August 2004 Malaysia has reported an outbreak
of avian influenza and therefore the Commission has
the
adopted Decision 2004/606/EC amending
second time Decision 2004/122/EC in order to apply
protection measures also to Malaysia.

for

Article 1

Decision 2004/122/EC is amended as follows:

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

Act of Accession.

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

(3) OJ L 36, 7.2.2004, p. 59. Decision as last amended by Decision

2004/606/EC (OJ L 273, 21.8.2004, p. 21).

1.

in Article 3 the words ‘and Malaysia’ shall be inserted after
the words ‘South Korea’;

(4) OJ L 44, 17.2.1994, p. 31. Decision as last amended by Decision

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

15.12.2004

EN

Official Journal of the European Union

L 368/49

2.

in Article 7 the date of ‘15 December 2004’ is replaced by
‘31 March 2005’.

Article 3

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 14 December 2004.

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.

For the Commission

Markos KYPRIANOU
Member of the Commission