2005/862/EC: Commission Decision of  30 November 2005  amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza in birds other than poultry  (notified under document number C(2005) 4663)   (Text with EEA relevance)
Date: 2005-11-30
Institutions: European Commission
Subjects: animal disease, animal product, bird, health certificate, health control, health risk, import policy, third country

3.12.2005

EN

Official Journal of the European Union

L 317/19

COMMISSION

COMMISSION DECISION

of 30 November 2005

amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza
in birds other than poultry

(notified under document number C(2005) 4663)

(Text with EEA relevance)

(2005/862/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(3) thereof,

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 (2), 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 (3), and in particular Article 22(1) thereof,

Having regard to Regulation (EC) No 998/2003 of the European
Parliament and of the Council of 26 May 2003 on the animal
non-commercial
health
movement of pet animals and amending Council Directive
92/65/EEC (4), and in particular Article 18 thereof,

requirements

applicable

the

to

Whereas:

(1)

Avian influenza is an infectious viral disease in poultry
and other birds, causing mortality and disturbances
which can quickly take epizootic proportions liable to

(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 268, 24.9.1991, p. 56. Directive as last amended by the 2003

Act of Accession.

(3) OJ L 24, 30.1.1998, p. 9. Directive as last amended by the 2003 Act

of Accession.

(4) OJ L 146, 13.6.2003, p. 1. Regulation as

(EC) No 1193/2005 (OJ

last amended by
L 194,

Commission Regulation
26.7.2005, p. 4).

to animal and public health
present a serious threat
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).

(2)

(3)

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 (5)
than poultry and the
provides that Member States shall only authorise the
import of birds
listed as
members of the World Organisation for Animal Health
(OIE).

from the third countries

conditions

Highly pathogenic avian influenza was detected in
imported birds in quarantine in a Member State, and
the Commission adopted 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 (6), and Decision
2005/760/EC 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 (7).

(4)

New cases of avian influenza have been reported in
certain member countries of the OIE. The suspension
of movement of pet birds and of
imports of other
birds from certain areas at risk should therefore be
extended.

(5) 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).

(6) OJ L 285, 28.10.2005, p. 52.
(7) OJ L 285, 28.10.2005, p. 60.

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EN

Official Journal of the European Union

3.12.2005

(5)

(6)

(7)

(8)

(9)

Regulation (EC) No 998/2003 provides for different
veterinary control regimes depending on the number
and the country of origin of the animals. It is appropriate
to use the list of third countries in Section 2 of Part B of
Annex II to that Regulation in combination with the list
of countries provided for in Article 1(4) of 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 (1) in order to
provide for derogations in this Decision.

to Regulation (EC) No 1774/2002 of

Pursuant
the
European Parliament and of the Council of 3 October
2002 laying down health rules concerning animal by-
products not intended for human consumption (2), the
placing on the market of a range of animal by-
products, such as gelatine for technical use, materials
for pharmaceutical use and others, originating in areas
of the Community under animal health restrictions is
authorised, as such 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. In accordance
with point 7 of Part B of Section II in Chapter III of
Annex VIII to that Regulation, the placing on the market
of guano is not subject to any animal health conditions.

In accordance with Article 21 of Regulation (EC) No
1774/2002, safeguard measures in relation to products
covered by Annexes VII and VIII to that Regulation are
adopted in accordance with Article 10 of Directive
90/425/EEC.

Decisions
therefore be amended accordingly.

2005/759/EC and

2005/760/EC should

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

Decision 2005/759/EC is amended as follows:

(a)

the birds come from an OIE member country falling
within the competence of a Regional Commission
listed in Part A of Annex I; or

(b) the birds come from an OIE member country falling
within the competence of a Regional Commission
listed in Part B of Annex I on condition that the birds:

(i) have undergone isolation for 30 days prior to export
at the place of departure in a third country listed in
Decision 79/542/EEC, or

(ii) undergo quarantine for 30 days after import in the
Member State of destination on premises approved
in accordance with Article 3(4) of Decision
2000/666/EC, or

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

(iv) have been in isolation for at least 10 days prior to
export and have undergone a test
the
H5N1 antigen or genome as laid down in Chapter
2.7.12 of
the Manual of Diagnostic Tests and
Vaccines for Terrestrial Animals carried out on a
sample taken not earlier
than the third day of
isolation.

to detect

Compliance with the conditions in paragraph 1 shall
in the case of the
in paragraph 1(b)(ii) based on
in the third country of dispatch in
in

2.
be certified by an official veterinarian,
conditions provided for
owners’ declaration,
accordance with the model certificate provided for
Annex II.

1. Article 1 is replaced by the following:

3.

The veterinary certificate shall be complemented by

‘Article 1

Movement from third countries

(a) a declaration of the owner or the representative of the

owner in accordance with Annex III,

1. Member States shall authorise the movement
third countries of
solely where
consignment consists of not more than five birds and:

live pet birds

from
the

(b) a confirmation as follows:

(1) OJ L 122 , 26.4.2004, p. 1.
(2) 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).

“Pet birds in accordance with Article 1 of Decision
2005/759/EC”.’

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Official Journal of the European Union

L 317/21

2. Article 3 is replaced by the following:

‘Article 3

This Decision shall not apply to the movement onto
Community territory of live pet birds accompanying their
owners
Islands, Greenland,
Iceland, Liechtenstein, Monaco, Norway, San Marino, Swit-
zerland and the Vatican City State.’

from Andorra,

Faeroe

the

3. In Article 5, the date ‘30 November 2005’

‘31 January 2006’.

is replaced by

4. Annex I is amended in accordance with the Annex to this

Decision.

Article 2

Decision 2005/760/EC is amended as follows:

1. Article 2 is replaced by the following:

‘Article 2

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

(c) products derived from those species complying with the
conditions provided for in Chapter II(C), Chapter III(C),
Chapter IV(B), Chapter VI(C) and Chapter X(B) of Annex
VII,
III(II)(B), Chapter
II(C), Chapter
VII(A)(1)(a), Chapter VII(B)(5) and Chapter X of Annex
VIII to Regulation (EC) No 1774/2002;

and Chapter

(d) products

derived

species which,

in
from those
accordance with Community legislation, are not subject
to any animal health conditions or which are not subject
to any ban or restriction for reason of animal health,
including the products referred to in Chapter III(III) of
Annex VIII to Regulation (EC) No 1774/2002, as far as
regards mineralized bird guano coming from countries
which have not declared the presence of highly
pathogenic avian influenza caused by influenza A virus
of subtype H5N1 during the last 12 months.’

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

2. In Article 6, the date ‘30 November 2005’

‘31 January 2006’.

is replaced by

Article 3

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

2.
States shall authorise imports of:

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

(a) hatching eggs of the species referred to in Article 1(1)(a),

provided that the eggs are destined for:

Article 4

This Decision is addressed to the Member States.

(i)

the approved bodies,
to in paragraph 1, or

institutes and centres referred

(ii) dedicated hatcheries approved by the competent
authority for that purpose, which are not at
the
same time engaged in hatching eggs for poultry
and in which eggs are placed only after fumigation
effectively to decontaminate the shells;

Done at Brussels, 30 November 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 317/22

EN

Official Journal of the European Union

3.12.2005

ANNEX

Annex I to Decision 2005/759/EC is replaced by the following:

‘ANNEX I

PART A

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(a):

—

PART B

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(b) of:
— Africa,
— Americas,
— Asia, Far East and Oceania,
— Europe, except countries mentioned in Article 3, and
— Middle East.’