2005/619/EC: Commission Decision of 18 August 2005 amending for the sixth time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in certain Asian countries (notified under document number C(2005) 3183) Text with EEA relevance
Date: 2005-08-18
Institutions: European Commission
Subjects: Asia, animal disease, animal product, health legislation, infectious disease, originating product, poultry, poultrymeat, third country

L 214/66

EN

Official Journal of the European Union

19.8.2005

COMMISSION DECISION

of 18 August 2005

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

(notified under document number C(2005) 3183)

(Text with EEA relevance)

(2005/619/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Kazakhstan has confirmed an outbreak of H5 avian
influenza to the OIE although the neuraminidase type
is not yet known. However in view of the proximity
with the outbreak in Russia it
is probably the same
strain.

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) and (6) 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)

Commission Decision 2004/122/EC of 6 February 2004
concerning certain protection measures in relation to
in several Asian countries (3) was
avian influenza
adopted in response to outbreaks of avian influenza in
several Asian countries.

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 (4)
than poultry and the
the
to authorise
provides
import of birds from third countries listed as members
of the World Organisation for Animal Health (OIE) and
that those birds are to be subjected to quarantine and
testing upon entry into the Community.

conditions
that Member States are

(3)

Russia has confirmed an outbreak of H5N1 avian
influenza on their territory on 5 August 2005 to the
Commission.

(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)
(corrected version in OJ L 191,
28.5.2004, p. 1).

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

2005/390/EC (OJ L 128, 21.5.2005, p. 77).

(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).

(5)

(6)

(7)

2000/666/EC.

the OIE and
Kazakhstan and Russia are members of
imports of
accordingly Member States are to accept
from these countries under
birds, other than poultry,
the
Taking
Decision
potential serious consequences related to the specific
avian influenza virus strain (H5N1)
involved, which is
the same as that confirmed in a number of Asian
countries,
from
Kazakhstan and Russia should be suspended as a precau-
tionary measure.

importation

account

these

birds

into

the

of

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 (5),
the importation
of unprocessed feathers and parts of feathers originating
in Kazakhstan and Russia is authorised. In view of the
current disease situation in Kazakhstan and Russia those
imports should also be suspended as a precautionary
measure.

Article 4 of Decision 2004/122/EC suspends 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. Therefore
in the interests of animal and public health, Kazakhstan
and Russia should be added to the third countries
referred to in Article 4 of Decision 2004/122/EC.

(8)

Decision 2004/122/EC should be amended accordingly.

(9)

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

in this Decision are in
Standing
the

opinion

the

of

(5) 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).

19.8.2005

EN

Official Journal of the European Union

L 214/67

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/122/EC is amended as follows:

1.

‘concerning certain protection measures
in the title,
relation to avian influenza in several Asian countries’
replaced by ‘concerning certain protection measures
relation to avian influenza in several third countries’;

in
is
in

— “live birds other than poultry” as defined in Article 1,
including birds

third indent, of Decision 2000/666/EC,
accompanying their owners (pet birds).’

Article 2

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

Article 3

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

This Decision is addressed to the Member States.

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

including Hong Kong,

— unprocessed feathers and parts of feathers, and

Done at Brussels, 18 August 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission