Commission Decision of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (notified under document number C(2006) 6958)   (Text with EEA relevance)
Date: 2006-12-22
Institutions: European Commission
Subjects: animal welfare, avian influenza, bird, domestic animal, health certificate, surveillance concerning imports, transport of animals, veterinary inspection

13.1.2007

EN

Official Journal of the European Union

L 8/29

COMMISSION DECISION

of 22 December 2006

as regards certain protection measures in relation to highly pathogenic avian influenza and
movements of pet birds accompanying their owners into the Community

(notified under document number C(2006) 6958)

(Text with EEA relevance)

(2007/25/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 (1), and in particular Article 18 thereof,

Whereas:

(1)

(2)

(3)

the virus,

Following the outbreak of avian influenza in south-
eastern Asia in 2004, caused by a highly pathogenic
the Commission adopted several
strain of
protection measures in relation to that disease. Those
measures
include 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 (2). Decision 2005/759/EC currently applies
until 31 December 2006.

caused by
strain H5N1 are

the highly
Avian influenza outbreaks
pathogenic
still
avian influenza
detected on a regular basis in certain member countries
of
the World Organisation for Animal Health (OIE),
including countries not affected before. The disease is
therefore not yet contained. Furthermore, human cases
and even deaths
resulting from close contact with
infected birds continue to occur in countries around
the globe.

Following a request by the Commission, the EFSA Panel
on animal health and welfare (AHAW) adopted during its
meeting on 26 and 27 October 2006 a Scientific
Opinion on the Animal health and welfare risks asso-
ciated with the import of wild birds other than poultry

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

(EC) No 1467/2006 (OJ

last amended by
L 274,

Commission Regulation
5.10.2006, p. 3).

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

2006/522/EC (OJ L 205, 27.7.2006, p. 28).

into the Community. This opinion points to the risks of
the spreading of viral diseases such as avian influenza
and Newcastle Disease via the import of birds other
than poultry and identifies possible tools and options
which can reduce any identified animal health risk
related to the import of these birds. Furthermore the
opinion points out
to
it
distinguish with certainty between birds ‘caught in the
wild’ and ‘captive bred’ birds, since methods of marking
can be applied to the different types of birds without it
being possible to distinguish between them.

seldom possible

that

is

These conclusions can also be applied to the movement
of pet birds from third countries. In order to guarantee a
clear distinction between captive birds caught in the wild
for commercial importation and pet birds, movement of
live pet birds should continue to be subjected to strict
conditions, without distinction in country of origin,
in
order to ensure the status of the pet birds and to prevent
the spreading of those viral diseases. It is therefore appro-
priate to extend the application of the measure estab-
lished by Decision 2005/759/EC until 31 December
2007.

Since its coming into force Decision 2005/759/EC has
been amended several times. For the sake of clarity of
Community legislation, Decision 2005/759/EC should be
repealed and replaced by this Decision.

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

in this Decision are in
Standing
the

opinion

the

of

(4)

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

Movement from third countries

1. Member States shall authorise the movement from third
countries of live pet birds solely where the consignment consists
of not more than five birds and:

(a)

the birds come from an OIE member country falling within
the competence of a Regional Commission listed in Part A
of Annex I, or

L 8/30

EN

Official Journal of the European Union

13.1.2007

(b) the birds come from an OIE member country falling within
the competence of a Regional Commission listed in Part B
of Annex I on condition that the birds:

2. Member States shall designate the authorities referred to in
paragraph 1 which is responsible for such checks and im-
mediately inform the Commission thereof.

(i) have undergone isolation for 30 days prior to export at
the place of departure in a third country listed in
Council Decision 79/542/EEC (1), or

Each Member State shall draw up a list of points of entry
to the other

3.
as referred to in paragraph 1 and forward it
Member States and to the Commission.

(ii) undergo quarantine for 30 days after import in the
Member State of destination on premises approved in
accordance with Article 3(4) of Commission Decision
2000/666/EC (2), or

4. Where such checks reveal that the animals do not meet
the requirements laid down in this Decision, the third sub-
paragraph of Article 14 of Regulation (EC) No 998/2003
shall apply.

(iii) have, within the last six months and not later than 60
days prior to dispatch from the third country, been
vaccinated, and at least on one occasion revaccinated,
against avian influenza using an H5 vaccine approved
for the species concerned in accordance with the manu-
facturer’s instructions, or

(iv) have been in isolation for at least 10 days prior to
export and have undergone a test to detect the H5N1
antigen or genome as laid down in Chapter 2.1.14 of
the Manual of Diagnostic Tests and Vaccines
for
Terrestrial Animals carried out on a sample taken not
earlier than the third day of isolation.

Article 3

This Decision shall not
to the movement onto
apply
Community territory of birds accompanying their owners
from Andorra, Croatia, the Faeroe Islands, Greenland, Iceland,
Liechtenstein, Monaco, Norway, San Marino, Switzerland and
the Vatican City State.

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.

2.
Compliance with the conditions in paragraph 1 shall be
certified by an official veterinarian, in the case of the conditions
provided for in paragraph 1(b)(ii) based on owner’s declaration,
in the third country of dispatch in accordance with the model
certificate provided for in Annex II.

3.
The veterinary certificate shall be complemented by a
declaration of the owner or the representative of the owner
in accordance with Annex III.

Article 2

Veterinary checks

1. Member States shall take the measures necessary to ensure
that pet birds moved into Community territory from a third
country are subject to documentary and identity checks by the
the traveller’s point of entry into
competent authorities at
Community territory.

Article 5

Decision 2005/759/EC is repealed.

Article 6

This Decision shall apply until 31 December 2007.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 146, 14.6.1979, p. 15. Decision as

last amended by

Commission Decision 2006/463/EC (OJ L 183, 5.7.2006, p. 20).
(2) OJ L 278, 31.10.2006, p. 26. Decision as last amended by Decision

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

13.1.2007

EN

Official Journal of the European Union

L 8/31

ANNEX I

PART A

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(a):

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(b):

PART B

— Africa,

— Americas,

— Asia, Far East and Oceania,

— Europe, and

— Middle East

L 8/32

EN

Official Journal of the European Union

13.1.2007

ANNEX II

13.1.2007

EN

Official Journal of the European Union

L 8/33

L 8/34

EN

Official Journal of the European Union

13.1.2007

ANNEX III

Declaration of the owner or representative of the owner of the pet birds.

I, the undersigned owner (a)/representative of the owner (a) declare that:

1. The birds will be accompanied during the movement by a person that is responsible for the animals.

2. The animals are not intended for commercial purposes.

3. During the period between the pre-movement veterinary inspection and the factual departure the birds will remain

isolated from any possible contact with other birds.

4. The animals have undergone the 30 days pre-movement isolation without coming into contact to any other birds not

covered by this certificate (a).

5. I have made arrangements for the 30 days post-introduction quarantine at the quarantine premises of

......................,

as indicated in point I.12 of the certificate (a).

..........................................................................................
Date and Place

.................................................................................................
Signature

(a) Delete as appropriate.