2005/692/EC: Commission Decision of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (notified under document number C(2005) 3704)   (Text with EEA relevance)
Date: 2005-10-06
Institutions: European Commission
Subjects: Cambodia, China, Indonesia, Kazakhstan, Laos, Malaysia, Mongolia, North Korea, Pakistan, Thailand, Viet Nam, animal product, avian influenza, bird, health certificate, import (EU), import restriction, veterinary inspection

L 263/20

EN

Official Journal of the European Union

8.10.2005

COMMISSION DECISION

of 6 October 2005

concerning certain protection measures in relation to avian influenza in several third countries

(notified under document number C(2005) 3704)

(Text with EEA relevance)

(2005/692/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(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), (5) and (6)
thereof,

Whereas:

(5)

(6)

(7)

(8)

worrying situation in those third countries, protection
measures are still required for imports from those third
countries.

It is appropriate to lay down specific rules for the impor-
tation of birds other
than poultry, pet birds and
untreated feathers from Russia in a separate act.

Decision 2004/122/EC has been amended several times
to take account of the evolving situation with regard to
avian influenza in third countries.

For
the sake of clarity and transparency, Decision
2004/122/EC should be repealed and replaced by this
Decision.

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)

(3)

(4)

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
serious
to animal and public health and to
reduce sharply the profitability of poultry farming.

threat

Commission Decision 2004/122/EC of 6 February 2004
concerning certain protection measures in relation to
third countries (3) suspends
avian influenza in several
certain imports of poultry and poultry products from
affected third countries.

Mongolia is not covered by Decision 2004/122/EC but
that third country has reported an outbreak of avian
influenza in wild birds. Accordingly,
imports into the
Community of birds other than poultry, including birds
caught in the wild, from that third country should be
suspended.

Decision 2004/122/EC is applicable until 30 September
2005. However, outbreaks of avian influenza still occur
in Decision
in
the still
2004/122/EC and in Mongolia.

to
In view of

countries

referred

third

the

(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

2005/619/EC (OJ L 214, 19.8.2005, p. 66).

HAS ADOPTED THIS DECISION:

Article 1

1. Member States
Thailand of:

shall

suspend the

importation from

(a)

fresh meat of poultry, ratites and farmed and wild feathered
game;

(b) meat preparations and meat products consisting of, or
containing meat of the species referred to in point (a);

(c) raw pet food and unprocessed feed material containing any

parts of those species;

(d) eggs for human consumption; and

(e) non-treated game trophies from any birds.

2.
By way of derogation from paragraph 1, Member States
shall authorise the importation of the products covered by this
Article which have been obtained from birds slaughtered before
1 January 2004.

8.10.2005

EN

Official Journal of the European Union

L 263/21

In the

veterinary

documents
3.
accompanying consignments of
the products referred to in
paragraph 2 the following words as appropriate to the species
shall be included:

certificates/commercial

consisting of, or

‘Fresh poultry meat/fresh ratite meat/fresh meat of wild
feathered game/fresh meat of farmed feathered game/meat
product
containing meat of poultry,
ratites, farmed or wild feathered game meat/meat preparation
consisting of, or containing meat of poultry, ratites, farmed
or wild feathered game meat/raw pet food and unprocessed
feed material containing any parts of poultry, ratites, farmed
or wild feathered game (A) obtained from birds slaughtered
before 1 January 2004 and in accordance with Article 1(2) of
Commission Decision 2005/692/EC.
(A) Delete as appropriate.’

By way of derogation from paragraph 1, Member States
4.
shall authorise the importation of meat products consisting of,
or containing meat of poultry, ratites and farmed and wild
feathered game, when the meat of
species has
undergone one of the specific treatments referred to in points
B, C, or D of Part 4 of Annex II to Commission Decision
2005/432/EC (1).

those

Article 2

Member States shall suspend the importation from China of:

(a)

fresh poultry meat;

Article 4

shall

1. Member States
importation from
Cambodia, China including Hong Kong, Indonesia, Kazakhstan,
Laos, Malaysia, Mongolia, North Korea, Pakistan, Thailand and
Vietnam of:

suspend the

(a) unprocessed feathers and parts of feathers; and

(b) live birds other than poultry as defined in Article 1, third
indent, of Commission Decision 2000/666/EC (2), including
birds accompanying their owners (pet birds).

By way of derogation from point

2.
(a) of paragraph 1,
Member States shall authorise the importation of unprocessed
feathers and parts of feathers from Mongolia.

feathers or parts of

3. Member States shall ensure that for the importation of
processed
commercial
document stating that the processed feathers or parts thereof
have been treated with a steam current or by some other
method
transmitted
ensuring
accompany the consignment.

pathogens

feathers,

that

are

no

a

However, that commercial document shall not be required for
processed decorative feathers, processed feathers carried by
travellers for their private use or consignments of processed
feathers sent to private individuals for non-industrial purposes.

Article 5

Decision 2004/122/EC is repealed.

Article 6

(b) meat preparations and meat products consisting of, or

containing poultry meat;

(c) raw pet food and unprocessed feed material containing any

parts of poultry;

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
to the measures adopted. They shall
immediately inform the
Commission thereof.

(d) eggs for human consumption; and

(e) non-treated game trophies from any birds.

Article 3

Article 7

This Decision shall apply from 1 October 2005 to 30
September 2006.

Article 8

Member States shall suspend the importation from Malaysia of:

This Decision is addressed to the Member States.

(a) raw pet food and unprocessed feed material containing any

parts of poultry;

Done at Brussels, 6 October 2005.

(b) eggs for human consumption; and

(c) non-treated game trophies from any birds.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 151, 14.6.2005, p. 3.

(2) OJ L 278, 31.10.2000, p. 26.