2005/760/EC: Commission Decision of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (notified under document number C(2005) 4288)   (Text with EEA relevance)
Date: 2005-10-27
Institutions: European Commission
Subjects: animal disease, bird, egg, health control, import refund

L 285/60

EN

Official Journal of the European Union

28.10.2005

COMMISSION DECISION

of 27 October 2005

concerning certain protection measures in relation to highly pathogenic avian influenza in certain
third countries for the import of captive birds

(notified under document number C(2005) 4288)

(Text with EEA relevance)

(2005/760/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

model certificate to accompany animals or their gametes
between such approved premises in different Member
trade could be
States. The information required for
used for import purposes.

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) 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) thereof,

Whereas:

(1)

(2)

(3)

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
to animal and public health and to
serious
reduce sharply the profitability of poultry farming.
There is a risk that the disease agent might be introduced
via international trade in live birds other than poultry.

threat

Highly pathogenic avian influenza was detected in
imported birds in quarantine in a Member State,
it
appears therefore appropriate to suspend imports of
these birds from certain areas at risk and to use for
the definition of the areas a reference to the relevant
Regional Commissions of the World Organisation for
Animal Health (OIE).

Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in
and imports into the Community of animals, semen,
ova
to animal health
requirements laid down in specific Community rules
referred to in Annex A (1) to Directive 90/425/EEC (3)
provides for approved bodies, institutes and centres and a

and embryos not

subject

(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 (4)
than poultry and the
the
provides
to authorise
listed as
import of birds
members of the OIE. The countries belonging to the
OIE Regional Commissions listed in the Annex to the
the OIE
present Decision are members of
and
required to accept
accordingly Member States
from those
imports of birds, other
countries under Decision 2000/666/EC.

from the third countries

than poultry,

are

(5) When admitting to the quarantine premises, the Member
States should ascertain, based on certification, whether
the particular bird in question is indigenous, or was
born and reared or caught in the exporting country.

(6)

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall suspend the importation from the
third countries or parts thereof belonging to the OIE Regional
Commissions listed in the Annex of:

(a) live birds other than poultry, as defined in the third indent

of Article 1 of Decision 2000/666/EC, and

(b) products derived from the species referred to in point (a).

(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 the 2003 Act

of Accession.

(3) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Regulation
(EC) No 998/2003 of the European Parliament and of the Council
(OJ L 146, 13.6.2003, p. 1).

2.
The suspension provided for in paragraph 1 shall not
apply to birds certified by a third country in accordance with
Decision 2000/666/EC before the date of publication of this
Decision.

(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).

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Official Journal of the European Union

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Article 2

1.
By way of derogation from paragraph 1 (a) of Article 1,
Member States shall authorise the imports of birds coming from
bodies,
institutes and centres and proceeding to bodies,
institutes and centres approved by the competent authority in
the Member State of destination in compliance with Directive
92/65/EEC.

By way of derogation from paragraph 1 (b) of Article 1,

2.
Member States shall authorise imports of:

(a) Hatching eggs of the birds referred to in paragraph 1(a) of

Article 1 under the condition that these eggs are:

(i) either destined for the approved bodies,
centres referred to in paragraph 1, or

institutes or

(ii) destined to dedicated hatcheries approved for

that
purpose by the competent authority which do not at
the same time hatch eggs for poultry and into which
eggs are laid only after fumigation effectively deconta-
minating the shell.

(b) Specimens collected from any species of birds which are
safely packaged and sent directly under the responsibility
of
the dispatching country
listed in the Annex to an approved laboratory in a
Member State for laboratory diagnosis.

the competent authorities of

Article 3

1. Member States shall ensure that

(a)

the birds referred to in paragraph 1 of Article 2 are accom-
panied by a veterinary certificate provided for in Annex A
to Decision 2000/666/EC,

(b) hatching eggs referred to in paragraph 2 (a) of Article 2 are
accompanied by a veterinary certificate providing at least

the information as required in the certificate provided for
in Part 3 of Annex E to Directive 92/65/EEC.

2. Member States shall ensure that the veterinary certificates
the animals and products
accompanying consignments of
referred to in paragraph 1 include the following confirmation:

‘Live birds or hatching eggs in accordance with Article 2 of
Decision 2005/760/EC’.

Article 4

Member States shall ensure that when imported in accordance
with this Decision, the consignment of birds referred to in
paragraph 1(a) of Article 1 are accompanied by a certificate
certifying that those birds are indigenous or have been either
hatched and reared or caught in the exporting third country.

Article 5

Member States shall immediately take the necessary measures to
comply with this Decision and publish those measures. They
shall immediately inform the Commission thereof.

Article 6

This Decision shall apply until 30 November 2005.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 27 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

28.10.2005

Third countries belonging to the OIE Regional Commissions, as referred to in Article 1, of:

ANNEX

— Africa,
— Americas,
— Asia, Far East and Oceania,
— Europe, and
— Middle East.