2005/194/EC: Commission Decision of 8 March 2005 amending for the fourth time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries (notified under document number C(2005) 521) (Text with EEA relevance)
Date: 2005-03-08
Institutions: European Commission
Subjects: Cambodia, China, Indonesia, Laos, Malaysia, Pakistan, Thailand, Viet Nam, animal disease, bird, import restriction, poultry, poultrymeat

10.3.2005

EN

Official Journal of the European Union

L 63/25

COMMISSION DECISION

of 8 March 2005

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

(notified under document number C(2005) 521)

(Text with EEA relevance)

(2005/194/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

(4)

(5)

other than poultry must be inter alia subjected to qua-
rantine and testing for avian influenza.

Taking account of the disease situation in Cambodia,
China, Indonesia, Laos, Malaysia, Pakistan, Thailand and
Vietnam, it is necessary to further prolong the duration
of the protective measures concerning these countries
provided for in decision 2004/122/EC.

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

in this Decision are in
Standing
the

opinion

the

of

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:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/122/EC is amended as follows:

1. Article 3 is replaced by the following:

Commission Decision 2004/122/EC (3) was adopted in
response to outbreaks of avian influenza in several
Asian countries, including Japan and South Korea.

‘Article 3

Japan and South Korea have submitted their final report
on the avian influenza situation in their territory and on
the measures taken to control the disease to the World
Organisation for Animal Health (OIE). In addition Japan
and South Korea have declared their countries free of
avian influenza and sent
information on the animal
health situation to the Commission with a request to
The
2004/122/EC
amend Decision
protection
Decision
adopted
2004/122/EC for those countries should therefore no
longer apply.

accordingly.
under

measures

(3)

live birds other than
The conditions for imports of
poultry
down in
are
countries
from third
Commission Decision 2000/666/EC (4) and thus these
rules also apply to Japan and South Korea. Live birds

laid

(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

2004/851/EC (OJ L 368, 15.12.2004, p. 48).

(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).

Member States shall suspend the importation from Malaysia
of:

— raw petfood and unprocessed feed material containing

any parts of poultry, and

— eggs for human consumption and non-treated game

trophies from any birds.’

2. Article 4 (1) is replaced by the following:

‘Article 4

1. Member States shall suspend the importation from
the People's Republic of China including the
Cambodia,
territory of Hong Kong, Indonesia, Laos, Malaysia, Pakistan,
Thailand and Vietnam of:

— unprocessed feathers and parts of feathers, and

— “live birds other than poultry” as defined in Decision
their

accompanying

including

birds

2000/666/EC,
owners (pet birds).’

(1)

(2)

L 63/26

EN

Official Journal of the European Union

10.3.2005

3. In Article 7 the date ‘31 March 2005’ is replaced by the date

‘30 September 2005’.

Article 3

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 8 March 2005.

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