2006/522/EC: Commission Decision of  25 July 2006  amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community  (notified under document number C(2006) 3303)   (Text with EEA relevance)
Date: 2006-07-25
Institutions: European Commission
Subjects: animal disease, bird, health certificate, health control, import restriction, infectious disease, surveillance concerning imports

L 205/28

EN

Official Journal of the European Union

27.7.2006

COMMISSION DECISION

of 25 July 2006

amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in
into
relation to highly pathogenic avian influenza and movements of certain live birds

the Community

(notified under document number C(2006) 3303)

(Text with EEA relevance)

(2006/522/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(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 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(6) thereof,

Having regard to Regulation (EC) 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)

Following the outbreak of avian influenza in south-
eastern Asia in 2004, caused by a highly pathogenic
strain of
the Commission adopted several
protection measures in relation to that disease. Those

the virus,

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(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), corrected by OJ L 191, 28.5.2004, p. 1.
last amended by
Commission Regulation (EC) No 590/2006 (OJ L 104, 13.4.2006,
p. 8).

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

measures included in particular 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 (5) and Commission Decision 2005/760/EC
of 27 October 2005 concerning certain protection
measures
avian
influenza in certain third countries for the import of
captive birds (6).

in relation to highly pathogenic

live pet birds

Article 3 of Decision 2005/759/EC provides that, that
Decision does not apply to the movement
into the
Community of
accompanying their
owners from the third countries referred to in that
Article. Croatia is presently not referred to in Article 3
of Decision 2005/759/EC and accordingly imports of pet
birds accompanying their owners from that third country
need to comply with the same import restrictions as
those laid down in that Decision for other
third
countries. Croatia was one of
the first countries in
Europe to notify the Commission of cases of avian
influenza found in wild birds and has been transparent
in the way it handled further cases of that disease. No
new cases of avian influenza has been detected lately in
Croatia.

In addition, Croatia has notified the Commission that the
competent authorities of that country are now applying
protection measures that are equivalent to those applied
by the competent authorities of the Member States, as
provided in Commission Decision 2006/115/EC of 17
February 2006 concerning certain protection measures
in relation to highly pathogenic avian influenza in wild
birds
and repealing Decisions
2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC,
2006/104/EC and 2006/105/EC (7).

in the Community

(2)

(3)

(4)

As the risk for animal health in the Community posed by
imports of pet birds from Croatia are therefore minimal,
Croatia should be added to the list of third countries
referred to in Article 3 of Decision 2005/759/EC.

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

2006/405/EC (OJ L 158, 10.6.2006, p. 14).

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

2006/405/EC.

(7) OJ L 48, 18.2.2006, p. 28. Decision as amended by Decision

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

27.7.2006

EN

Official Journal of the European Union

L 205/29

(5)

(6)

(7)

(8)

(9)

Decision 2005/759/EC currently is to apply until 31 July
2006. Since new cases of avian influenza have been
reported in certain member countries of the World Orga-
nisation for Animal Health (OIE),
restrictions
concerning the movements of pet birds accompanying
their owners should be continued. It is therefore appro-
priate
of Decision
application
2005/759/EC until 31 December 2006.

extend

the

the

to

The European Food Safety Authority (EFSA) Panel on
animal health and welfare (AHAW) will adopt a scientific
opinion on the animal health and welfare risks associated
with the import of wild birds other than poultry into the
Community in October 2006. EFSA has been specifically
asked to identify in its opinion possible tools and options
which could reduce any identified risk related to the
import of birds other than poultry. This opinion will
guide the future policy of the EU on the animal health
and welfare aspects of these imports.

Decision 2005/760/EC is to apply until 31 July 2006. At
this moment, a substantial amendment to the current
rules laid down in the two Decisions 2005/759/EC and
2005/760/EC would mislead the operators and other
stakeholders on the possible future development of the
EU policy on this matter. In light of the current animal
health situation regarding avian influenza and pending
the intended adoption of the EFSA opinion in October,
the restrictions relating to the imports of birds other than
poultry should be continued. It is therefore appropriate
to amend the date of application of that Decision until
31 December 2006.

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:

1. 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, Switzerland and the Vatican City State.’

from Andorra, Croatia,

Faeroe

the

2. In Article 5 the date ‘31 July 2006’

‘31 December 2006’.

is

replaced by

Article 2

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

Article 3

shall

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

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 25 July 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission