2005/733/EC: Commission Decision of 19 October 2005 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Turkey and repealing Decision 2005/705/EC (notified under document number C(2005) 4135)   (Text with EEA relevance)
Date: 2005-10-19
Institutions: European Commission
Subjects: Türkiye, animal disease, disease prevention, import refund, meat product, poultry, poultrymeat

L 274/102

EN

Official Journal of the European Union

20.10.2005

COMMISSION DECISION

of 19 October 2005

concerning certain protection measures in relation to a suspicion of highly pathogenic avian
influenza in Turkey and repealing Decision 2005/705/EC

(notified under document number C(2005) 4135)

(Text with EEA relevance)

(2005/733/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

list

authorise

included in the

Turkey is
in the Annex to
Commission Decision 94/85/EC of 16 February 1994
drawing up a list of
third countries from which the
fresh poultry
Member States
meat (4). Commission Decision 2003/812/EC of 17
November 2003 drawing up lists of
third countries
from which Member States are to authorise imports of
to
certain products for human consumption subject
Council Directive 92/118/EEC (5) refers to the aforemen-
tioned list.

imports of

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:

(1)

avian influenza

On 9 October 2005 Turkey has notified to the
Commission an outbreak of
in a
poultry farm in the western parts of Anatolia. In order
to reduce the risk of disease introduction into the
Community, Commission Decision 2005/705/EC of 10
October 2005 concerning certain protection measures in
relation to a suspicion of highly pathogenic avian
influenza in Turkey (3) was adopted as an immediate
measure
than
poultry and untreated feathers from Turkey.

to suspend imports of birds other

(3)

(4)

conditions
that Member States are

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 (6)
than poultry and the
the
to authorise
provides
import of birds
listed as
members of the World Organisation for Animal Health
(OIE). Turkey is a member of the OIE and accordingly
Member States are to accept imports of birds, other than
poultry, from Turkey under that Decision.

from the third countries

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 (7),
the importation
of a range of animal by-products, such as gelatine for
for pharmaceutical use and
technical use, materials
others, originating in Turkey,
is authorised, because
these products are considered safe due to the specific
conditions of production, processing and utilisation that
effectively inactivate possible pathogens or prevent
contact to susceptible animals.

(4) OJ L 44, 17.2.1994, p. 31. Decision as last amended by the 2003

Act of Accession.

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

(5) OJ L 305, 22.11.2003, p. 17. Decision as amended by Decision

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 267, 12.10.2005, p. 29.

2004/19/EC (OJ L 5, 9.1.2004, p. 84).

(6) 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).

(7) 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).

20.10.2005

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Official Journal of the European Union

L 274/103

(5)

(6)

(7)

(8)

In accordance with Commission Decision 2005/432/EC
of 3 June 2005 laying down the animal and public
health conditions and model certificates for imports of
meat products
for human consumption from third
countries and repealing Decisions 97/41/EC, 97/221/EC
is
importation
and
authorised for those products which have undergone a
heat treatment which ensures a minimum temperature of
70 °C throughout the products.

97/222/EC (1),

from Turkey

The Turkish authorities have sent further information on
the disease situation to the Commission which justify a
complete suspension of all imports of live poultry and
birds and their products, while at the same time this
information allows now to establish the conditions
under which safe products of avian origin may be
imported.

However, taking into account the risk formed by these
products, the importation of certain animal by-products,
including treated feathers and parts of feathers, treated
game trophies and poultrymeat products heat-treated to
a minimum temperature of 70 °C can continue to be
authorised, as
the specific
pathogen.

the treatment

inactivates

It is also appropriate to continue to allow imports of
pasteurised egg products
for human consumption
complying with the microbiological criteria laid down
in Commission Decision 97/38/EC of 18 December
1996 setting specific public health requirements for
imports of egg products for human consumption (2).

HAS ADOPTED THIS DECISION:

Article 1

Member States shall suspend the importation from Turkey of:

1.

live poultry, ratites, farmed fathered game, wild game birds
and live birds other than poultry as defined in Article 1,
third indent, of Decision 2000/666/EC,
including birds
accompanying their owners (pet birds); and

2. products derived from the avian species referred to in

paragraph 1.

Article 2

By way of derogation from Article 1(2), Member States

1.
shall authorise imports of the following products:

(a) meat products consisting of, or containing meat of poultry,
ratites, farmed and wild feathered game, when the meat of
these species has undergone one of the specific treatments
referred to under points B, C or D in Part 4 of Annex II to
Decision 2005/432/EC;

(b) feathers and parts of

following the
feathers
treatment described in point 55 of Annex I to Regulation
(EC) No 1774/2002, no longer considered unprocessed;

that are,

(9)

Certain products derived from poultry slaughtered before
1 September 2005 should also continue to be authorised,
taking into account the incubation period of the disease.

(c) specimens collected from any type of birds which are safely
packaged and sent directly under the responsibility of the
Turkish competent authorities to an approved laboratory in
a Member State for laboratory diagnosis.

(10)

Furthermore, specimens collected from any type of birds
which are safely packaged and sent directly under the
responsibility of the Turkish competent authority to an
approved laboratory in a Member State for laboratory
diagnosis,
including the tests in accordance with the
Manual of Diagnostic Tests and Vaccines for Terrestrial
Animals of the World Organisation for Animal Health
(OIE), should be authorised.

By way of derogation from Article 1(2), Member States
2.
shall authorise
complying with the
conditions set up in Chapters II (C), III (C), IV (B), VI (C) and
X (B) of Annex VII, and Chapters II (C), VII (B) (5) and X of
Annex VIII to Regulation (EC) No 1774/2002.

imports of products

(11) Decision 2005/705/EC should be repealed and replaced

by this Decision.

By way of derogation from the prohibition in Article 1(2),
3.
Member States
shall authorise imports of pasteurised egg
products for human consumption in compliance with the
requirements of Decision 97/38/EC.

(12)

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) OJ L 151, 14.6.2005, p. 3.
(2) OJ L 14, 17.1.1997, p. 61.

Article 3

1. Member States shall ensure that when imported from
Turkey,
consignments of processed feathers or parts of
feathers are accompanied by a commercial document stating
the treatment required in Article 2(1)(b).

L 274/104

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Official Journal of the European Union

20.10.2005

Paragraph 1 shall not apply to processed decorative
their
to

2.
feathers, processed feathers carried by travellers
private use or consignments of processed feathers sent
private individuals for non industrial purposes.

for

3. Member States shall ensure that in the veterinary certi-
ficates or commercial documents accompanying consignments
of products mentioned in Article 2 the following words shall be
included:

‘Product of avian origin in accordance with Article 2 of
Commission Decision 2005/733/EC’.

Article 5

Decision 2005/705/EC is repealed.

Article 6

This Decision shall apply until 30 April 2006.

Article 7

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 19 October 2005.

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

For the Commission

Markos KYPRIANOU
Member of the Commission