2008/161/EC: Commission Decision of 22 February 2008 concerning certain protection measures in relation to highly pathogenic avian influenza in Israel and derogating Decision 2006/696/EC (notified under document number C(2008) 679) (Text with EEA relevance)
Date: 2008-02-22
Institutions: European Commission
Subjects: Israel, animal disease, health certificate, health control, import restriction, meat product, poultry, veterinary inspection

27.2.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 22 February 2008

concerning certain protection measures in relation to highly pathogenic avian influenza in Israel
and derogating Decision 2006/696/EC

(notified under document number C(2008) 679)

(Text with EEA relevance)

(2008/161/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Israel has notified the Commission of an outbreak in
poultry of highly pathogenic avian influenza caused by
influenza A virus of subtype H5N1. Israel has taken the
necessary measures and has informed the Commission
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
89/662/EEC,
third
particular
90/425/EEC
Article 18(1) and (5) thereof,

amending Directives

90/675/EEC (1),

countries

and

and

and

in

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) and (6)
thereof,

Whereas:

(1)

Avian influenza is an infectious viral disease in poultry
and other birds, causing mortality and disturbances
which can quickly take epizootic proportions liable to
present a serious threat
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 into the Community via international trade in
live poultry and certain other birds and products thereof.

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(3)

and

conditions,

Commission Decision 2006/696/EC of 28 August 2006
laying down a list of third countries from which poultry,
hatching eggs, day-old chicks, meat of poultry, ratites and
wild game birds, eggs and egg products and specified
pathogen-free eggs may be imported into and transit
through the Community and the applicable veterinary
amending Decisions
certification
93/342/EEC, 2000/585/EC and 2003/812/EC (3)
lays
down the veterinary certification conditions for imports
into and transit
those
products. Taking into account the information provided
by Israel and the level of control of disease applied, it is
appropriate to provide for measures that may be applied
regarding parts of that third country depending on the
epidemiological situation and to derogate temporarily
from the
laid down in Decision
as
2006/696/EC.

through the Community of

requirements

(4)

In view of the threat to animal health arising from the
the introduction of avian influenza into the
risk of
is appropriate to suspend imports of
Community,
farmed and wild feathered game,
live poultry, ratites,
and hatching eggs of those species from the affected
part of Israel.

it

(2) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive

(3) OJ L 295, 25.10.2006, p. 1. Decision as last amended by Regulation

2006/104/EC.

(EC) No 1237/2007 (OJ L 280, 24.10.2007, p. 5).

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(5)

(6)

(7)

Taking into account the risk to animal health, it is also
appropriate to suspend imports into the Community
from the affected part of
fresh meat of
poultry, ratites,
farmed and wild feathered game, and
imports of minced meat, mechanically separated meat,
meat preparations and meat products consisting of or
containing meat of
those species, as well as certain
other products of birds.

Israel of

Certain products derived from poultry, ratites and farmed
and wild feathered game slaughtered or hunted before
12 December 2007 should continue to be authorised
from the whole of Israel, taking into account the incu-
bation period of avian influenza.

animal

Commission Decision 2007/777/EC of 29 November
and public health
2007 laying down the
conditions and model certificates for imports of certain
meat products and treated stomachs, bladders and
intestines for human consumption from third countries,
and repealing Decision 2005/432/EC (1) sets out specific
to that Decision
treatments in Part 4 of Annex II
concerning those
imports of
meat products of poultry, ratites, and farmed and wild
feathered game originating in Israel and treated to a
temperature of at
the
the product
pathogen for avian influenza throughout
should continue to be authorised.

least 70 °C which inactivates

imports. Accordingly,

(8)

It is appropriate to limit the period during which the
measures provided for in this Decision are to apply.
Accordingly, taking into account the time necessary to
conclude definitely that the outbreak is contained, these

measures should cease to apply to poultry imported after
2 April 2008 and to products produced after that date.

(9)

However,
in order to be in a position to sign the
veterinary certificates for imports into the Community
of live poultry and poultry products, Israel
is required
pursuant to Commission Decisions 93/342/EEC (2) and
94/438/EC (3) to be free from highly pathogenic avian
influenza for a period of at least six months where a
sanitary
is practised and if no
emergency vaccination has been carried out.

slaughter policy

(10) When Israel regains its former status, it will again be in a
position to certify that it is a country free from highly
pathogenic avian influenza, in accordance with Decisions
93/342/EEC and 94/438/EC. However,
taking into
account
the measures applied by Israel can be
to Community measures,
considered as
imports from the whole territory of that third country
should be authorised, subject
to certain certification
requirements, from 3 April 2008.

equivalent

that

(11) However,

from 3 April 2008 to the date of end of
should
in

this Decision,
the

certificate
are

commodities

imported

the

application of
mention that
accordance with this Decision.

(12)

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

Derogation from Article 5 of Decision 2006/696/EC

By way of derogation from Article 5 of Decision 2006/696/EC, instead of the entries in Part I of Annex I to
that Decision, the entries in the following table shall apply to imports from Israel.

IL — Israel

IL-0

The whole of Israel

IL-1

Israel outside the following

Area of
boundaries:
— to the west, the Mediterranean Sea,
— to the south, highway number 65,
— to the north, highway number 70

(Milek Valley),

BPR, BPP,
DOC, DOR,
HEP, HER,
SPF, SRP

— to the east, the route of highway
under
6 which
the western

number
construction along
ridge of Mount Carmel.

is

(1) OJ L 312, 30.11.2007, p. 49.
(2) OJ L 137, 8.6.1993, p. 24. Decision as last amended by Decision 2006/696/EC.
(3) OJ L 181, 15.7.1994, p. 35.

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IL-2

Israel within the following

Area of
boundaries:
— to the west, the Mediterranean Sea,
— to the south, highway number 65,
— to the north, highway number 70

(Milek Valley),

— to the east, the route of highway
under
6 which
the western

number
construction along
ridge of Mount Carmel.

is

Article 2

Derogation from Article 15 of Decision 2006/696/EC

By way of derogation from Article 15 of Decision 2006/696/EC, instead of the entries in Part 1 of Annex II
to that Decision, the entries in the following table shall apply to imports from Israel.

IL — Israel

IL-0

The whole of Israel

WGM

III

IL-1

Israel outside the following

Area of
boundaries:
— to the west, the Mediterranean Sea,
— to the south, highway number 65,
— to the north, highway number 70

(Milek Valley),

— to the east, the route of highway
under
6 which
the western

number
construction along
ridge of Mount Carmel.

is

EP, E, POU,
RAT

IL-2

Israel within the following

Area of
boundaries:
— to the west, the Mediterranean Sea,
— to the south, highway number 65,
— to the north, highway number 70

(Milek Valley),

— to the east, the route of highway
under
6 which
the western

number
construction along
ridge of Mount Carmel.

is

Article 3

Suspension of certain imports from Israel

(b) the following products produced before 2 April 2008 and
coming from the territory IL-2, as defined in the table in
Article 2:

Member States shall suspend imports from Israel of:

(i) fresh meat of poultry, ratites, and farmed and wild

feathered game;

(a)

live poultry, ratites, farmed and wild feathered game, and
hatching eggs of those species coming from the territory IL-
2, as defined in the table in Article 1;

(ii) minced meat, mechanically separated meat, meat
preparations
consisting of or
and meat products
containing meat referred to in (i);

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(iii) raw pet food and unprocessed feed material containing
ratites and farmed and wild

any parts of poultry,
feathered game.

Article 4

Derogations from Article 3(b) of this Decision

By way of derogation from Article 3(b), Member States shall
authorise the importation of
referred to in
the products
(ii) and (iii), which have been obtained from
Article 3(b)(i),
birds slaughtered or hunted before 12 December 2007.

the

In
veterinary
companying consignments of
words as appropriate to the species shall be included:

certificates/commercial

those products,

documents

ac-
the following

‘Fresh meat/minced meat/mechanically separated meat of
poultry, ratites, farmed or wild feathered game (A) or meat
preparations/meat products consisting of, or containing meat
of poultry, ratites, farmed or wild feathered game (A) or raw
pet food and unprocessed feed material containing any parts
of poultry, ratites, farmed or wild feathered game (A) obtained
from birds slaughtered or hunted before 12 December 2007
and in accordance with Article 4 of Commission Decision
2008/161/EC.
___________
(A) Delete as appropriate.’

Article 5

Derogations from Article 3(b)(ii)) of this Decision

By way of derogation from Article 3(b)(ii), Member States shall
authorise the importation of meat products consisting of or
containing meat of poultry, ratites, farmed or wild feathered
game provided that the meat product has undergone at least
one of the specific treatments referred to under points B, C or D
in Part 4 of Annex II to Decision 2007/777/EC.

The specific treatment applied in accordance with the first
paragraph of this Article shall be certified by the addition of
the following words:

(a)

to point II.1.1, column B of the animal health attestation in
the animal and public health certificate, drawn up in
accordance with the model
to
Decision 2007/777/EC:

in Annex III

set out

‘Meat products treated in accordance with Commission
Decision 2008/161/EC’;

(b) to point

I.28 in the column ‘Treatment

to the
veterinary certificate for transit and/or storage, drawn up
in accordance with the model set out
in Annex IV to
Decision 2007/777/EC:

type’

‘Meat products treated in accordance with Commission
Decision 2008/161/EC’.

Article 6

Certification requirement

imports into the Community of

From 3 April 2008,
the
commodities referred to in Article 3 shall be allowed from
the whole territory of Israel, subject to the inclusion of the
following words in the veterinary certificates accompanying
consignments of those commodities:

‘Consignment
2008/161/EC’.

in accordance with Commission Decision

Article 7

Compliance

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 8

Applicability

This Decision shall apply until 2 July 2008.

However, Articles 1 to 5 shall apply until 2 April 2008.

Article 9

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 22 February 2008.

For the Commission

Markos KYPRIANOU
Member of the Commission