2006/405/EC: Commission Decision of  7 June 2006  amending Decisions 2005/710/EC, 2005/734/EC, 2005/758/EC, 2005/759/EC, 2005/760/EC, 2006/247/EC and 2006/265/EC as regards certain protection measures in relation to highly pathogenic avian influenza  (notified under document number C(2006) 2177)   (Text with EEA relevance)
Date: 2006-06-07
Institutions: European Commission
Subjects: Bulgaria, Croatia, Romania, animal disease, import restriction, poultry, poultrymeat

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 7 June 2006

amending Decisions 2005/710/EC, 2005/734/EC, 2005/758/EC, 2005/759/EC, 2005/760/EC,
2006/247/EC and 2006/265/EC as regards certain protection measures in relation to highly
pathogenic avian influenza

(notified under document number C(2006) 2177)

(Text with EEA relevance)

(2006/405/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

veterinary checks on products entering the Community from
third countries (3), and in particular Article 22(6) thereof,

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(4) 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(7) thereof,

amending Directives

countries

and

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

requirements

applicable

the

to

Whereas:

(1)

(2)

Following the outbreak of avian influenza, caused by a
in south-eastern
highly pathogenic H5N1 virus strain,
Asia
the Commission
adopted several protection measures in relation to that
disease.

starting in December 2003,

avian influenza

Commission Decision 2005/710/EC of 13 October 2005
concerning certain protection measures in relation to
in Romania (5)
highly pathogenic
provides that Member States are to suspend imports of
live poultry, ratites and farmed and wild feathered game
those species from the whole
and hatching eggs of
from
territory of Romania and of certain products
birds from parts of that territory.

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of

(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 Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004,
p. 1).

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

last amended by
Commission Regulation (EC) No 590/2006 (OJ L 104, 13.4.2006,
p. 8).

(5) OJ L 269, 14.10.2005, p. 42. Decision as last amended by Decision

2006/321/EC (OJ L 118, 3.5.2006, p. 18).

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(3)

(4)

(5)

(6)

Commission Decision 2005/734/EC of 19 October 2005
laying down biosecurity measures to reduce the risk of
transmission of highly pathogenic avian influenza caused
by influenza virus A subtype H5N1 from birds living in
the wild to poultry and other captive birds and providing
for an early detection system in areas at particular risk (1)
provides that Member States shall take appropriate and
practical measures to reduce the risk of transmission of
that disease from birds living in the wild to poultry and
other captive birds, taking into account certain criteria
and risk factors.

Commission Decision 2005/758/EC of 27 October 2005
concerning certain protection measures in relation to a
suspicion of highly pathogenic avian influenza in Croatia
and repealing Decision 2005/749/EC (2) provides that
Member States are to suspend imports of live poultry,
ratites, farmed and wild feathered game, certain live birds
other than poultry, including pet birds, and hatching eggs
of those species as well as certain products from birds,
from parts of the territory of Croatia.

Commission Decision 2005/759/EC of 27 October 2005
concerning certain protection measures in relation to
highly pathogenic
in certain third
avian influenza
countries and the movement
from third countries of
birds accompanying their owners (3) and Commission
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 (4)
lay down safeguard
measures in relation to imports into the Community of
birds other than poultry, including the movement of pet
birds.

(8)

(9)

ratites,

live poultry,

avian influenza

live birds other

in
suspicion of highly pathogenic
Switzerland (6) provides
that Member States are to
farmed and
suspend imports of
wild feathered game,
than poultry,
including certain pet birds, and hatching eggs of those
species and of certain products of birds from all areas of
the territory of Switzerland for which the authorities of
that third country have applied equivalent restrictions to
those
Decisions
down
2006/115/EC (7) and 2006/135/EC (8).

Commission

laid

in

and poultry in several

The threat posed to the Community by the Asian strain
of the avian influenza virus has not abated. Outbreaks
are still detected in wild birds in the Community and in
wild birds
third countries,
including member countries of the World Organisation
for Animal Health (OIE). In addition, that virus appears
to become more and more endemic in certain parts of
the world. The validity of the protection measures laid
2005/734/EC,
down
2005/759/EC,
and
2006/265/EC should therefore be extended.

in Decisions

2005/710/EC,

2005/760/EC,

2006/247/EC

territory and also ensured that

Information sent to the Commission by Romania and
Bulgaria and the surveillance undertaken in those third
countries makes it clear that they have controlled the
disease on their
the
virus has not spread to those areas which to date have
been free of the disease. Accordingly, it is appropriate to
limit
the imports provided for in
Decisions 2005/710/EC and 2006/247/EC to those
parts of Romania and Bulgaria that have been affected
by the virus and are at risk.

the suspension of

certain

protection measures

Commission Decision 2006/247/EC of 27 March 2006
concerning
regarding
imports from Bulgaria in relation to highly pathogenic
avian influenza in that third country (5) provides that
Member States are to suspend imports of live poultry,
ratites and farmed and wild feathered game and hatching
eggs of those species from the whole territory of Bulgaria
and of certain products from birds from parts of that
territory.

(7)

Commission Decision 2006/265/EC of 31 March 2006
concerning certain protection measures in relation to a

(1) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2005/855/EC (OJ L 316, 2.12.2005, p. 21).

(2) OJ L 285, 28.10.2005, p. 50. Decision as last amended by Decision

2006/321/EC.

(10)

Croatia has reported further cases of the virus in wild
birds outside the area currently regionalised in Decision
2005/758/EC. Accordingly, it is necessary to extend the
suspension of certain imports from Croatia as laid down
in that Decision to cover the newly affected part of the
territory of that third country.

(11) Decisions 2005/710/EC, 2005/734/EC, 2005/759/EC,
2005/760/EC, 2006/247/EC and 2006/265/EC expired
on 31 May 2006. However,
in the interests of animal
health and in view of
the existing epidemiological
situation, it is necessary to ensure the continuity of the
protection measures provided for in those Decisions.
Those measures
should therefore continue to apply
without interruption. Accordingly, the provisions in this
Decision concerning the dates of application of those six
Decisions should have retroactive effect.

(3) OJ L 285, 28.10.2005, p. 52. Decision as last amended by Decision

2006/79/EC (OJ L 36, 8.2.2006, p. 48).

(6) OJ L 95, 4.4.2006, p. 9.
(7) OJ L 48, 18.2.2006, p. 28. Decision as last amended by Decision

(4) OJ L 285, 28.10.2005, p. 60. Decision as last amended by Decision

2006/277/EC (OJ L 103, 12.4.2006, p. 29).

2006/79/EC.

(5) OJ L 89, 28.3.2006, p. 52.

(8) OJ L 52, 23.2.2006, p. 41, Decision as last amended by Decision

2006/293/EC (OJ L 107, 20.4.2006, p. 44).

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(12) Decisions 2005/710/EC, 2005/734/EC, 2005/758/EC,
2005/759/EC,
and
2005/760/EC,
2006/265/EC should therefore be amended accordingly.

2006/247/EC

(13)

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

in this Decision are in
Standing
the

opinion

the

of

1. Article 1(a) is replaced by the following:

‘Article 1

Member States shall suspend imports of:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/710/EC is amended as follows:

1. Paragraph 1(a) of Article 1 is replaced by the following:

‘Article 1

1. Member States shall suspend the importation of:

(a) live poultry, ratites, farmed and wild feathered game, and
hatching eggs of these species coming from the part of
the territory of Romania referred to in Part B of the
Annex;’

2. In Article 4, the date ‘31 July 2006’

December 2006’.

is replaced by ‘31

Article 2

(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 B of the
Annex;’

2. In Article 5, the date ‘31 May 2006’

December 2006’.

is replaced by ‘31

Article 7

In Article 3 of Decision 2006/265/EC, the date ‘31 May 2006’
is replaced by ‘31 December 2006’.

Article 8

shall

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

In Article 4 of Decision 2005/734/EC, the date ‘31 May 2006’
is replaced by ‘31 December 2006’.

Article 9

Article 3

The Annex to Decision 2005/758/EC is replaced by the text in
the Annex to this Decision.

Article 4

In Article 5 of Decision 2005/759/EC, the date ‘31 May 2006’
is replaced by ‘31 July 2006’.

Articles 2, 4, 5, Article 6(2) and Article 7 shall apply from 1
June 2006.

Article 10

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 7 June 2006.

In Article 6 of Decision 2005/760/EC, the date ‘31 May 2006’
is replaced by ‘31 July 2006’.

Article 6

Decision 2006/247/EC is amended as follows:

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

‘ANNEX

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

ISO country code

Name of country

Part of territory

HR

Croatia

In Croatia the counties of:
— Viroviticko-Podravska
— Osjecko-Baranjska
— Splitsko-Dalmatinska
— Zagreb’