2006/247/EC: Commission Decision of  27 March 2006  concerning certain protection measures regarding imports from Bulgaria in relation to highly pathogenic avian influenza in that third country  (notified under document number C(2006) 890)   (Text with EEA relevance)
Date: 2006-03-27
Institutions: European Commission
Subjects: Bulgaria, animal disease, animal product, health certificate, import policy, import restriction, poultry, veterinary inspection

L 89/52

EN

Official Journal of the European Union

28.3.2006

COMMISSION DECISION

of 27 March 2006

concerning certain protection measures regarding imports from Bulgaria in relation to highly
pathogenic avian influenza in that third country

(notified under document number C(2006) 890)

(Text with EEA relevance)

(2006/247/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

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
thereof,

amending Directives

countries

and

Bulgaria is included in the list in Part I of Annex I to
Commission Decision 96/482/EC of 12 July 1996 laying
down animal health conditions and veterinary certificates
for the importation of poultry and hatching eggs other
than ratites and eggs
from third countries
thereof
including animal health measures to be applied after
such importation (3). That
third
countries or parts of third countries which are authorised
to use the model certificates A to D as laid down in the
Annex to that Decision. Imports of live poultry, hatching
eggs and day old chicks from the third countries or parts
thereof on the list in Part I of Annex I to that Decision
are authorised into the Community.

sets out

the

list

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 thereof,

Whereas:

(1)

Avian influenza is an infectious viral disease in poultry
and other birds, causing mortality and disturbance which
can quickly take on epizootic proportions liable to
present a serious threat
to animal and public health
and to reduce the profitability of poultry farming
sharply. There is a risk that the disease agent might be
introduced into the Community via international trade in
live poultry and poultry products.

(2)

Bulgaria has notified to the Commission the isolation of
an influenza A virus of subtype H5N1 Asian strain
collected from a clinical case in wild birds.

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

Act of Accession.

(4)

(5)

(6)

Bulgaria is included in the list in Annexes I and II to
Commission Decision 2000/585/EC of 7 September
2000, drawing up a list of third countries from which
the Member States authorise imports of rabbit meat and
certain wild and farmed game meat, and laying down the
animal and public health and the veterinary certification
conditions for such imports (4). Therefore, imports into
the Community of meat from wild feathered game from
Bulgaria is permitted.

it is appropriate to suspend imports of

In the light of the current epidemiological situation in
Bulgaria,
live
poultry, ratities and farmed and wild feathered game
and hatching eggs of those species coming from the
whole territory of Bulgaria.

In addition to that suspension, it is also appropriate to
suspend imports of fresh meat of wild feathered game
and imports of minced meat, meat preparations and
meat products consisting of or containing meat of
those species, as well as certain other products of birds
coming from Bulgaria.

(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 (OJ L 191, 28.5.2004,
p. 1).

(3) OJ L 196, 7.8.1996, p. 13. Decision as last amended by Decision

2004/118/EC (OJ L 36, 7.2.2004, p. 34).

(4) OJ L 251, 6.10.2000, p. 1. Decision as last amended by Decision

2004/413/EC (OJ L 151, 30.4.2004, p. 57).

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L 89/53

(7)

(8)

(9)

third countries

Commission Decision 2003/812/EC of 17 November
2003 drawing up lists of third countries from which
Member States are to authorise imports of certain
products for human consumption subject
to Council
Directive 92/118/EEC (1) provides that the list of third
countries or parts of
from which
Member States are to authorise the imports of eggs
intended for human consumption are those listed in
the Annex to Commission Decision 94/85/EC of 16
third countries
February 1994 drawing up a list of
from which the Member States authorise imports of
fresh poultry meat (2). Taking into account the forth-
coming laying season for wild birds,
the imports of
eggs for human consumption collected from wild birds
should also be prohibited from Bulgaria.

Taking account of the current epidemiology situation in
Bulgaria and the fact that that country has applied certain
further infor-
disease control measures and has sent
mation on the disease situation to the Commission,
it
imports of
is appropriate to limit
certain products
the
territory of Bulgaria that are affected and/or at risk
from avian influenza.

to those parts of

the suspension of

from birds

(12)

(13)

(14)

that imports of wild feathered game meat products, origi-
nating in Bulgaria and treated to a temperature of at least
70 °C throughout the product, should continue to be
authorised for importation into the Community.

In order to authorise imports of meat products subjected
to a heat treatment sufficient to inactivate any possible
virus in the meat, it is necessary to specify the required
from wild feathered game in the
treatment
health certificates
drawn up in accordance with
Annexes III and IV to Decision 2005/432/EC.

for meat

The measures provided for in this Decision shall apply
without prejudice to the measures relating to outbreaks
of Newcastle Disease in Bulgaria as provided for in
Decision 2005/648/EC of 8 September 2005 concerning
protection measures in relation to Newcastle disease in
Bulgaria (4).

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

in this Decision are in
Standing
the

opinion

the

of

Certain products derived from wild feathered game
hunted before 1 August 2005 should continue to be
authorised from those parts of Bulgaria,
taking into
account the epidemiology of the disease in those parts
of that country.

HAS ADOPTED THIS DECISION:

(10)

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 and 97/222/EC (3) lays
down the list of third countries or parts thereof from
which meat products are authorised for
importation
into the Community and establishes treatment regimes
for meat products considered effective in inactivating
certain pathogens.

(11)

In order to prevent the risk of disease transmission via
the products covered by Decision 2005/432/EC, appro-
priate treatment should be applied depending on the
health status of the country of origin and the species
the product is obtained from. It is therefore appropriate

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

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

(2) OJ L 44, 17.2.1994, p. 31. Decision as last amended by Decision

2004/118/EC.

(3) OJ L 151, 14.6.2005, p. 3.

Article 1

Member States shall suspend imports of:

(a)

live poultry, ratites and farmed and wild feathered game,
and hatching eggs of these species coming from the part
of the territory of Bulgaria referred to in Part A of the
Annex;

(b) the following products coming from the part of the territory

of Bulgaria referred to in Part B of the Annex:

(i)

fresh meat of wild feathered game;

(ii) minced meat, meat preparations and meat products
consisting of or containing meat of wild feathered
game;

(iii)

raw pet food and unprocessed feed material containing
any parts of wild feathered game;

(4) OJ L 238, 15.9.2005, p. 16.

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(iv) eggs for human consumption from wild game birds;

(v) non-treated game trophies from any birds;

(vi) untreated feathers and parts of feathers;

The

specific

treatment

applied in accordance with
5.
paragraph 3 of this Article shall be certified by adding the
following wording to the veterinary certificate drawn up in
accordance with the model set out Annex IV to Decision
2005/432/EC:

(vii) unprocessed manure from poultry or any other birds.

‘Meat products
Decision 2006/247/EC’.

treated in accordance with Commission

Article 2

1.
By way of derogation from Article 1, Member States shall
authorise imports of the products referred to in point (b)(i),(ii)
and (iii) of that Article, which have been obtained from birds
hunted before 1 August 2005.

In the

veterinary

documents
2.
accompanying consignments of
the products referred to in
Article 1(b)(i),(ii) and (iii), the following words as appropriate
to the species shall be included:

certificates/commercial

‘Fresh meat of wild feathered game/meat product consisting
of, or
containing meat of wild feathered game/meat
preparation consisting of, or containing meat of wild
feathered game/raw pet food and unprocessed feed material
containing any parts of wild feathered game (A) obtained
from birds hunted before 1 August 2005.

___________
(A) Delete as appropriate.’

3.
By way of derogation from Article 1(b)(ii), Member States
shall authorise imports of meat products consisting of or
the
containing meat of wild feathered game provided that
meat of such species has undergone at
the
least one of
specific treatments referred to in points B, C or D in Part 4
of Annex II to Decision 2005/432/EC.

specific

treatment

applied in accordance with
4.
The
paragraph 3 of
this Article shall be specified in point 9.1
column B in the veterinary certificate drawn up in accordance
with the model set out in Annex III to Decision 2005/432/EC,
and the following wording shall be added to that certificate:

‘Meat products
Decision 2006/247/EC’.

treated in accordance with Commission

Article 3

Member States shall ensure that for the importation of treated
feathers or parts of feathers, the consignment is accompanied
by a commercial document stating that the treated feathers or
parts thereof have been treated with a steam current or by some
other method ensuring that no pathogens remain.

However, that commercial document shall not be required for
treated decorative feathers, treated feathers carried by travellers
for their private use or consignments of treated feathers sent to
private individuals for non-industrial purpose.

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 31 May 2006.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 27 March 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

Parts of the territory of Bulgaria referred to in Article 1(a) and (b) respectively:

PART A

ISO-country code

Name of country

Description of part of territory

BG

Bulgaria

— Whole of the territory of Bulgaria

ISO-country code

Name of country

Description of part of territory

PART B

BG

Bulgaria

In Bulgaria the the counties of
— Vidin
— Montana
— Vratsa
— Pleven
— Veliko Tarnovo (the area north of motorway

E 771)
— Russe
— Razgrad
— Silistra
— Dobrich
— Varna
— Burgas