2005/390/EC: Commission Decision of 18 May 2005 amending for the fifth time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in North Korea (notified under document number C(2005) 1451)   (Text with EEA relevance)
Date: 2005-05-18
Institutions: European Commission
Subjects: North Korea, animal disease, bird, import restriction, originating product, poultry

21.5.2005

EN

Official Journal of the European Union

L 128/77

COMMISSION DECISION

of 18 May 2005

amending for the fifth time Decision 2004/122/EC concerning certain protection measures in
relation to avian influenza in North Korea

(notified under document number C(2005) 1451)

(Text with EEA relevance)

(2005/390/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

The Democratic People’s Republic of Korea (North Korea)
has confirmed an outbreak of avian influenza on its
the OIE and
territory. North Korea is a member of
accordingly Member States are to accept
imports of
such
under Decision
from that
2000/666/EC. Taking into account the potential serious
consequences related to the specific avian influenza virus
strain involved in the rest of Asia, the importation of
those birds from North Korea should be suspended as
a precautionary measure.

country

birds

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
89/662/EEC,
third
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:

(1)

Commission Decision 2000/666/EC of 16 October 2000
laying down the animal health requirements and the
veterinary certification for the import of birds, other
for quarantine (3)
than poultry and the
provides
the
to authorise
import of birds from third countries listed as members
of the Office International des Epizooties (OIE) and that
those birds are to be subjected to quarantine and testing
upon entry into the Community.

conditions
that Member States are

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

Act of Accession.

(3)

(4)

Under Regulation (EC) No 1774/2002 of the European
Parliament and of the Council of 3 October 2002 laying
down health rules concerning animal by-products not
intended for human consumption (4),
the importation
of unprocessed feathers and parts of feathers originating
in North Korea is authorised.
In view of the current
disease situation in North Korea those imports should
be suspended.

Commission Decision 2004/122/EC of 6 February 2004
concerning certain protection measures in relation to
in several Asian countries (5) was
avian influenza
adopted in response to outbreaks of avian influenza in
several Asian countries. Article 4 of
that Decision
provides that Member States are to suspend the impor-
tation from certain third countries of unprocessed
feathers and parts of feathers and live birds other than
poultry, as defined in Decision 2000/666/EC.
In the
interests of animal and public health, North Korea
should be added to the third countries referred to in
Article 4 of Decision 2004/122/EC.

(5)

Decision 2004/122/EC should be amended accordingly.

(6)

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

in this Decision are in
Standing
the

opinion

the

of

(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 278, 31.10.2000, p. 26. Decision as last amended by Decision

(4) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005,
p. 10).

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

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

2005/194/EC (OJ L 63, 10.3.2005, p. 25).

L 128/78

EN

Official Journal of the European Union

21.5.2005

HAS ADOPTED THIS DECISION:

Article 2

Article 1

Article 4(1) of Decision 2004/122/EC is
following text:

replaced by the

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.

‘1. Member States shall suspend the importation from
Cambodia, China including Hong Kong,
Indonesia, Laos,
Malaysia, North Korea, Pakistan, Thailand and Vietnam of:

Article 3

This Decision is addressed to the Member States.

— unprocessed feathers and parts of feathers, and

Done at Brussels, 18 May 2005.

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

accompanying

including

birds

2000/666/EC,
owners (pet birds).’

For the Commission

Markos KYPRIANOU
Member of the Commission