2006/521/EC: Commission Decision of  25 July 2006  amending Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC as regards certain protection measures in relation to highly pathogenic avian influenza  (notified under document number C(2006) 3302)   (Text with EEA relevance)
Date: 2006-07-25
Institutions: European Commission
Subjects: animal disease, animal product, disease prevention, import restriction, infectious disease, originating product, poultry, third country

L 205/26

EN

Official Journal of the European Union

27.7.2006

COMMISSION DECISION

of 25 July 2006

amending Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC as regards certain protection
measures in relation to highly pathogenic avian influenza

(notified under document number C(2006) 3302)

(Text with EEA relevance)

(2006/521/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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(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 (2), and in particular Article 22(6) thereof,

Whereas:

(1)

included,

Following the outbreak of avian influenza, caused by a
in south-eastern
highly pathogenic H5N1 virus strain,
Asia starting in December 2003,
the Commission
adopted several protection measures in relation to avian
influenza. Those measures
in particular,
Commission Decision 2005/692/EC of 6 October 2005
concerning certain protection measures in relation to
avian influenza in several third countries (3), Commission
Decision 2005/733/EC of 19 October 2005 concerning
certain protection measures in relation to a suspicion of
and
avian influenza
highly pathogenic
repealing Decision 2005/705/EC (4) and Commission
Decision 2006/7/EC of 9 January 2006 concerning
certain protection measures in relation to the import of
feathers from certain third countries (5).

in Turkey

(3)

(4)

(5)

Commission Decision 2005/759/EC of 27 October 2005
concerning certain protection measures in relation to
highly pathogenic avian influenza in certain countries
and the movement from third countries of birds accom-
panying their owners (6)
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 (7) lay down certain protection measures
concerning the importation of unprocessed feathers,
birds other than poultry and birds accompanying their
owners from third countries.

It
reference

For the sake of clarity and transparency, the provisions
relating to these imports
in Decision 2005/692/EC
furthermore appropriate to
is
should be deleted.
delete
import of products
to the
any
produced before 1 January 2004, as these products
have been in cold storage for more than two years and
most stocks should now be depleted. A transitional
period will be provided to give business operators time
to dispose of any possibly remaining stocks.

Decision 2005/692/EC applies until 30 September 2006.
However, as outbreaks of the Asian lineage of the avian
influenza virus still occur in south-east Asia and China, it
is appropriate to prolong the application of that Decision
until 31 December 2007.

Decision 2005/733/EC applies until 31 July 2006.
However, outbreaks of the Asian lineage of the avian
influenza virus still occur in the region. It is therefore
appropriate to prolong the application of that Decision
until 31 December 2006.

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

(3) OJ L 263, 8.10.2005, p. 20.
(4) OJ L 274, 20.10.2005, p. 102. Decision as amended by Decision

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

(6)

In the interests of clarity of Community legislation, the
title of Decision 2006/7/EC should be slightly amended
to specify that it applies to all third countries.

(6) 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).

(5) OJ L 5, 10.1.2006, p. 17. Decision as amended by Decision

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

2006/183/EC (OJ L 65, 7.3.2006, p. 49).

2006/405/EC.

27.7.2006

EN

Official Journal of the European Union

L 205/27

(7)

(8)

the

adoption of Decision 2006/7/EC,

the
Since
Commission has been revising the existing permanent
Community measures concerning imports of
feathers,
in particular the relevant provisions concerning import
requirements for untreated feathers laid down in Chapter
VIII of Annex VIII of Regulation (EC) No 1774/2002 of
the European Parliament and of the Council of 3 October
2002 laying down health rules concerning animal by-
products not intended for human consumption (1). That
legislative procedure however has not been completed.

Decision 2006/7/EC applies until 31 July 2006.
However, new cases of avian influenza have been
confirmed several times in a number of third countries
in several continents recently, both in poultry flocks and
in wild birds. Therefore the period of application of that
Decision should be extended until 31 December 2006.

(9)

Decisions 2005/692/EC, 2005/733/EC and 2006/7/EC
should therefore be amended accordingly.

(10)

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 2005/692/EC is amended as follows:

1. In Article 1, paragraphs 2 and 3 are deleted.

2. Article 4 is deleted.

Article 2

In Article 6 of Decision 2005/733/EC, the date ‘31 July 2006’ is
replaced by ‘31 December 2006’.

Article 3

Decision 2006/7/EC is amended as follows:

1. The title is replaced by the following:

‘Commission Decision 2006/7/EC of 9 January 2006
concerning certain protection measures in relation to the
import of feathers from third countries’.

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

December 2006’.

is replaced by ‘31

Article 4

shall

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

Article 5

This Decision shall apply from 27 July 2006.

Article 1(1) shall apply from 1 October 2006.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 25 July 2006.

3. In Article 7, the date ‘30 September 2006’ is replaced by

‘31 December 2007’.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).