2005/731/EC: Commission Decision of 17 October 2005 laying down additional requirements for the surveillance of avian influenza in wild birds (notified under document number C(2005) 3877)   (Text with EEA relevance)
Date: 2005-10-17
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, exchange of information

20.10.2005

EN

Official Journal of the European Union

L 274/93

COMMISSION

COMMISSION DECISION

of 17 October 2005

laying down additional requirements for the surveillance of avian influenza in wild birds

(notified under document number C(2005) 3877)

(Text with EEA relevance)

(2005/731/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), and in
particular Article 10(4) thereof,

Whereas:

(1)

(2)

Community measures for the control of avian influenza
were established by Council Directive 92/40/EEC of 19
May 1992 introducing Community measures for the
control of avian influenza (2),
in order to ensure the
protection of animal health and contribute to the devel-
opment of the poultry sector.

Following the outbreak of a very serious epidemic of
avian influenza, caused by a highly pathogenic H5N1
virus strain, in south-eastern Asia starting in December
2003, Commission Decision 2004/122/EC of 6 February
2004 concerning certain protection measures in relation
third countries (3) was
to avian influenza in several
adopted.

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).

(2) OJ L 167, 22.6.1992, p. 1. Directive as last amended by the 2003

Act of Accession.

(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).

That Decision, which has been amended several times to
take account of the evolution of the disease, namely the
westward spread of the disease, provided that imports
into the Community from those third countires of
live poultry, other live birds and certain
poultry meat,
suspended,
other products of poultry origin were
In that regard, account
subject
the
was,
working group on avian influenza of
the Standing
Committee on the Food Chain and Animal Health
following its meetings on 25 August 2005 and 6
September 2005.

in particular, given to the conclusions of

to limited exceptions.

(4)

(5)

Decision 2004/122/EC has been repealed and replaced
by Commission Decision 2005/692/EC of 6 October
2005 concerning
in
relation to avian influenza in several third countries (4)
and by Commission Decision 2005/693/EC of 6 October
2005 concerning certain protection measures in relation
to avian influenza in Russia (5).

protection measures

certain

Furthermore, in order to limit the risk arising from non-
commercial
imports of products of animal origin, the
Commission Decision 2002/995/EC of 9 December
2002 laying down interim safeguard measures with
regard to imports of products of animal origin for
personal consumption (6) was adopted. That Decision
was repealed and replaced by Commission Regulation
(EC) No 745/2004 of 16 April 2004 laying down
measures with regard to imports of products of animal
origin for personal consumption (7).

(4) OJ L 263, 8.10.2005, p. 20.
(5) OJ L 263, 8.10.2005, p. 22.
(6) OJ L 353, 30.12.2002, p. 1.
(7) OJ L 122, 26.4.2004, p. 1.

L 274/94

EN

Official Journal of the European Union

20.10.2005

(6)

(7)

(8)

(9)

(10)

In addition, since 2002 surveillance programmes for
avian influenza in poultry and wild birds have been
implemented in Member States. Those programmes
were approved by Commission Decision 2002/673/EC
of 22 August 2002 approving the programmes for the
implementation of Member States’ surveys for avian
influenza in poultry and wild birds (1) and Commission
Decision 2004/630/EC of 27 July 2004 approving the
programmes for the implementation of Member States’
surveys for avian influenza in poultry and wild birds
during 2004 and laying down reporting and eligibility
rules for the financial contribution from the Community
to the implementation costs of those programmes (2).

More recently, such programmes have been approved by
Commission Decision 2005/732/EC of 17 October 2005
approving the programmes for the implementation of
Member States’ surveys for avian influenza in poultry
and wild birds during 2005, and laying down reporting
and eligibility rules for the Community financial contri-
bution
those
implementation
programmes (3) with specific regard to the conclusions
the
the working group on avian influenza of
of
Standing Committee on the Food Chain and Animal
Health, following its meetings on 25 August 2005 and
6 September 2005.

costs

the

to

of

relevant organisations which shall notify without delay to the
competent authorities any abnormal mortality or significant
disease outbreaks occurring in wild birds and in particular
wild water birds.

Article 2

1.
Immediately following receipt by the competent authority
of the notification provided for in Article 1, and whenever no
clear cause of disease other than avian influenza is identified
Member States shall ensure that:

(a) appropriate samples are collected from dead birds and if
possible from other birds which had contact with dead
birds; and

(b) those samples are subjected to laboratory tests for detection

of the avian influenza virus.

in case of positive laboratory test
2. Member States shall
results for highly pathogenic avian influenza virus mentioned
in paragraph 1(b)
inform the Commission without delay
thereof.

At its meeting on 6 September 2005, the working group
on avian influenza of the Standing Committee on the
inter
Food Chain and Animal Health recommended,
alia,
the occurrence of abnormal mortality and
significant disease outbreaks in wild birds should be
subjected to surveillance and to laboratory tests for
avian influenza.

that

Article 3

The Member States shall amend their legislation 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.

It is therefore appropriate to supplement those existing
Community rules and to lay down specific rules as to the
surveillance and testing of the occurrence of diseases in
wild birds and in particular wild water birds.

Article 4

The Decision shall apply until 31 January 2006.

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

in this Decision are in
Standing
the

opinion

the

of

Article 5

This Decision is addressed to the Member States.

HAS ADOPTED THIS DECISION:

Done at Brussels, 17 October 2005.

Article 1

Member States shall ensure that the competent authorities make
appropriate arrangements with wild bird, hunting and other

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 228, 24.8.2002, p. 27. Decision as amended by Decision

2003/21/EC (OJ L 8, 14.1.2003, p. 37).

(2) OJ L 287, 8.9.2004, p. 7. Decision as amended by Decision

2004/679/EC (OJ L 310, 7.10.2004, p. 75).

(3) See page 95 of this Official Journal.