Corrigendum to Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners (JO L 285 du 28.10.2005)
Date: 2005-11-05
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, domestic animal, health certificate, health control, infectious disease, surveillance concerning imports

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EN

Official Journal of the European Union

5.11.2005

CORRIGENDA

Corrigendum to Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures
in relation to highly pathogenic avian influenza in certain third countries and the movement from third
countries of birds accompanying their owners

(Official Journal of the European Union L 285 of 28 October 2005)

Decision 2005/759/EC should read as follows:

‘COMMISSION DECISION

of 27 October 2005

concerning certain protection measures in relation to highly pathogenic avian influenza in certain
third countries and the movement from third countries of birds accompanying their owners

(notified under document number C(2005) 4287)

(Text with EEA relevance)

(2005/759/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) 998/2003 of 26 May 2003 of
the European Parliament and of the Council on the animal
health
non-commercial
movement of pet animals and amending Council Directive
92/65/EEC (1), and in particular Article 18 thereof,

requirements

applicable

the

to

Whereas:

(1)

(2)

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.
There is a risk that the disease agent might be introduced
via international trade in live birds other than poultry,
including birds accompanying their owners (pet birds).

threat

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 (2)
than poultry and the
the
provides
to authorise
import of birds
listed as
members of the World Organisation for Animal Health
(OIE). The countries listed in the Annex to the present
Decision are members of
the OIE and accordingly
Member States are required to accept imports of birds,
other than poultry, from those countries under Decision
2000/666/EC.

from the third countries

(3) Where necessary,

reference should also be made to
Council Decision 79/542/EEC of 21 December 1976
drawing up a list of third countries or parts of third
countries, and laying down animal and public health

(1) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 529/2004 (OJ L 94, 31.3.2004, p. 7).

(4)

(5)

(6)

(7)

and veterinary certification conditions, for importation
into the Community of certain live animals and their
fresh meat (3).

the

Regulation (EC) No 998/2003 of
European
Parliament and of the Council of 26 May 2003 on the
animal health requirements applicable
to the non-
commercial movement of pet animals and amending
Council Directive 92/65/EEC provides
for different
veterinary control regimes depending on the number of
animals. It is appropriate to use those differentiations in
number for the sake of this Decision.

and embryos not

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 (I) to Directive 90/425/EEC (4)
requires imported animals to undergo the checks in
accordance with Council Directive 91/496/EEC.

subject

In accordance with Article 18 of Regulation (EC) No
998/2003 the safeguard measures taken in accordance
with Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organisation
the
of
on
Community
amending
Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (5),
and in particular Article 18 (1) thereof, shall apply.

checks
from third

veterinary

countries

entering

animals

and

Highly pathogenic avian influenza was detected in
imported birds in quarantine in a Member State,
it
appears therefore appropriate to suspend movement of
pet birds from certain areas at risk and to use for the
definition of
the areas a reference to the relevant
Regional Commissions of the OIE.

(3) OJ L 146, 14.6.1979, p. 15. Decision as

last amended by
Commission Decision 2004/372/EC (OJ L 118, 23.4.2004, p. 45).
(4) OJ L 268, 14.9.1992, p. 54. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 278, 31.10.2000, p. 26. Decision as last amended by Decision

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

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

Act of Accession.

5.11.2005

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Official Journal of the European Union

L 291/49

(8)

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

Movement from third countries

1. Member States shall only authorise the movement of
consignments of less than 5 live pet birds. Such a movement
is authorised if these birds proceed from a member country of
the OIE belonging to a relevant Regional Commission not listed
in Annex I.

2. Member States shall only authorise the movement of
consignments of less than 5 live pet birds. Such a movement
is authorised if these birds proceed from a member country of
the OIE belonging to a relevant Regional Commission listed in
Annex I, and

(a) have undergone a 30 days pre-export isolation at the place
third country listed in Decision

in a

of departure
79/542/EEC, or

(b)

are subjected to a 30 days post-import quarantine in the
Member State of destination on premises approved in
accordance with Article 3 (4) of Decision 2000/666/EC, or

(c) have been vaccinated and at least on one occasion re-
vaccinated within the last 6 months and not later than
60 days prior to dispatch, in accordance with the manu-
facturer’s instructions against avian influenza using an H5
vaccine approved for the species concerned, or

(d) have been isolated for at least 10 days prior to export and
have been subjected to a test
the detection of
H5N1antigen or genome, as prescribed in Chapter 2.1.14
of
for
the Manual of Diagnostic Tests and Vaccines
Terrestrial Animals carried out on a sample taken not
earlier than on the third day of isolation.

for

3.
Compliance with the conditions in paragraphs 1 and 2
shall be certified by an official veterinarian, in the case of the
conditions in 2 (b) based on owners’ declaration, in the third
country of dispatch in accordance with the model certificate
provided for in Annex II.

4.

The veterinary certificate shall be complemented by

(a)

a declaration of the owner or the representative of the
owner in accordance with Annex III,

(b)

a confirmation as follows:

‘Pet birds
2005/759/EC’

in accordance with Article 2 of Decision

Article 2

Veterinary checks

1. Member States shall take the measures necessary to ensure
that pet birds moved into Community territory from a third
country are subject to documentary and identity checks by the
competent authorities at
the travellers' point of entry into
Community territory.

2. Member States shall designate the authorities referred to in
paragraph 1 which is responsible for such checks and imme-
diately inform the Commission thereof.

Each Member State shall draw up a list of points of entry
to the other

3.
as referred to in paragraph 1 and forward it
Member States and to the Commission.

4. Where such checks reveal that the animals do not meet
the requirements laid down in this Decision, the third subpar-
agraph of Article 14 of Regulation (EC) No 998/2003 shall
apply.

Article 3

This Decision shall not
to the movement onto
apply
Community territory of birds accompanying their owners
from Andorra, Faeroe Islands, Greenland, Iceland, Liechtenstein,
Norway, San Marino or Switzerland.

Article 4

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 5

This Decision shall apply until 30 November 2005.

Article 6

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

ANNEX I

— Africa,

— Americas,

— Asia, Far East and Oceania,

— Europe, and

— Middle East.

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ANNEX II

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ANNEX III

Declaration of the owner or representative of the owner of the pet birds

I, the undersigned owner (a)/representative of the owner (a) declare that:

1. The birds will be accompanied during the movement by a person that is responsible for the animals.

2. The animals are not intended for commercial purposes.

3. During the period between the pre-movement veterinary inspection and the factual departure the birds will remain

isolated from any possible contact with other birds.

4. The animals have undergone the 30 days pre-movement isolation without coming into contact to any other birds not

covered by this certificate. (a)

5. I have made arrangements for the 30 days post-introduction quarantine at the quarantine premises of

......................,

as indicated in point I.12 of the certificate. (a)

....................................................................................
Date and Place

....................................................................................
Signature

(a) Delete as appropriate.’