2006/265/EC: Commission Decision of  31 March 2006  concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Switzerland  (notified under document number C(2006) 1107)   (Text with EEA relevance)
Date: 2006-03-31
Institutions: European Commission
Subjects: Switzerland, animal disease, export restriction, game meat, health certificate, meat product, poultry, poultrymeat

4.4.2006

EN

Official Journal of the European Union

L 95/9

COMMISSION DECISION

of 31 March 2006

concerning certain protection measures in relation to a suspicion of highly pathogenic avian
influenza in Switzerland

(notified under document number C(2006) 1107)

(Text with EEA relevance)

(2006/265/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(1), (3) 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,

Having regard to Regulation (EC) No 998/2003 of 26 May
2003 of the European Parliament and of the Council on the
animal health requirements applicable to the non-commercial
movement of pet animals and amending Council Directive
92/65/EEC (3), and in particular Article 18 thereof,

Whereas:

(1)

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
trade in live poultry and poultry
via international
products.

threat

(2)

Switzerland has notified to the Commission the isolation
of an H5 avian influenza virus collected from a clinical
case in a wild species. The clinical picture allows the

(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 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 146, 13.6.2003, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(3)

(4)

(5)

(6)

suspicion of highly pathogenic avian influenza pending
the determination of the neuraminidase (N) type and of
the pathogenicity index.

In view of the animal health risk of disease introduction
it is therefore appropriate as an
into the Community,
immediate measure to suspend imports of live poultry,
ratites, farmed and wild feathered game birds, live birds
other than poultry and hatching eggs of these species
from Switzerland.

Furthermore the importation into the Community from
Switzerland should be suspended for fresh meat of wild
feathered game and importation of minced meat, meat
preparations, mechanically separated meat and meat
products consisting of or containing meat of
those
species.

Certain products derived from poultry slaughtered before
1 February 2006 should continue to be authorised,
taking into account the incubation period of the disease.

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 (4) lays
down the list of third countries from which Member
States may authorise the importation of meat products
and establishes treatment regimes considered effective in
inactivating the respective pathogens. In order to prevent
the risk of disease transmission via such products, appro-
priate treatment must be applied depending on the health
the country of origin and the species the
status of
product is obtained from.
It appears therefore appro-
priate,
imports of wild feathered game meat
products originating in Switzerland and treated to a
temperature of at least 70 °C throughout the product
should continue to be authorised.

that

(7)

Account should be taken of the Agreement between the
European Community and the Swiss Confederation in
trade on agricultural products (the ‘Agreement’) (5).

(4) OJ L 151, 14.6.2005, p. 3.
(5) OJ L 114, 30.4.2002, p. 132.

L 95/10

EN

Official Journal of the European Union

4.4.2006

— non-treated game trophies from any birds.

By way of derogation from paragraph 1, Member States
2.
shall authorise the importation of
the products covered by
paragraph 1 second to fourth indent, which have been
obtained from birds slaughtered before 1 February 2006.

In the

veterinary

documents
3.
accompanying consignments of
the products referred to in
paragraph 2 the following words as appropriate to the species
shall be included:

certificates/commercial

food

‘Fresh meat of wild feathered game/minced meat, meat
preparations, mechanically separated meat or meat product
containing meat of wild feathered
consisting of, or
game/raw pet
feed material
containing any parts of wild feathered game (*) obtained
from birds slaughtered before 1 February 2006 and in
accordance with Article 1(2) of Commission Decision
2006/265/EC.
___________
(*) Delete as appropriate.’

unprocessed

and

By derogation from paragraph 1, Member States shall
4.
authorise the importation of meat products consisting of or
containing meat of wild feathered game under the condition
that the meat of these species has undergone at least one of
the specific treatments referred to under points B, C or D in
Part IV of Annex II to Commission Decision 2005/432/EC.

Article 2

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 3

This Decision shall apply until 31 May 2006.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 31 March 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(8)

(9)

(10)

view to finding

Following the notification of an isolation of an H5 avian
influenza virus collected from a clinical case in a wild
species,
consultations have been held between the
competent Commission services and the Swiss authorities
in accordance with Article 20(1) of Annex 11 of the
Agreement. With a
appropriate
solutions in accordance with this provision, Switzerland
has notified that they will apply the equivalent measures
as those adopted in the Community in accordance with
Commission Decision 2006/115/EC concerning certain
protection measures in relation to highly pathogenic
avian influenza in wild birds in the Community and
2006/90/EC,
repealing
2006/91/EC,
and
2006/105/EC (1)
Decision
2006/135/EC concerning certain protection measures in
relation to highly pathogenic influenza in poultry in the
Community (2).

2006/94/EC,
and

2006/104/EC

2006/86/EC,

Commission

Decisions

Switzerland has notified their intention to immediately
notify the Commission of any future changes to the
ongoing animal health status of Switzerland,
including
specifically any further outbreaks of avian influenza
concerned. The
the
that may
Commission should notifiy those areas immediately to
the Member States.

occur

areas

and

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 imports or introduction into
the Community of the following from the part of the territory
of Switzerland referred to in the Annex:

— live poultry, ratites, farmed and wild feathered game,
live
third
birds other than poultry as defined in Article 1,
indent, of Decision 2000/666/EC,
including birds accom-
panying their owners (pet birds), and hatching eggs of
these species,

— fresh meat of wild feathered game,

— minced meat, meat preparations, mechanically separated
meat and meat products consisting of or containing meat
of wild feathered game,

— raw pet food and unprocessed feed material containing any

parts of wild feathered game, and

(1) OJ L 48, 18.2.2006, p. 28.
(2) OJ L 52, 23.2.2006, p. 41.

4.4.2006

EN

Official Journal of the European Union

L 95/11

Part of the territory of Switzerland referred to in Article 1(1)

ANNEX

ISO country code

Name of country

Part of territory

CH

Switzerland

In Switzerland: all areas of the territory of Switzerland for which the
authorities of Switzerland have formally applied equivalent restrictions
to those laid down in Commission Decision 2006/115/EC and
Commission Decision 2006/135/EC.