2008/555/EC: Commission Decision of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in Croatia and Switzerland (notified under document number C(2008) 3020) (Text with EEA relevance)
Date: 2008-06-26
Institutions: European Commission
Subjects: Croatia, Switzerland, animal disease, disease prevention, health control, poultry, trade restriction

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 26 June 2008

concerning certain protection measures in relation to highly pathogenic avian influenza of subtype
H5N1 in Croatia and Switzerland

(notified under document number C(2008) 3020)

(Text with EEA relevance)

(2008/555/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

down veterinary certification conditions for imports into
and transit
through the Community of poultry and
certain products thereof. In the interests of clarity and
consistency of Community rules,
it is appropriate that
the definitions of poultry and hatching eggs in that
Decision be taken into account for the purposes of this
Decision.

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 8(1)
and (6) 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 2(1) and (5) thereof,

Whereas:

(1)

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

conditions,

and

(2)

(3)

thereof (4)
for

Commission Regulation (EC) No 318/2007 of 23 March
2007 laying down animal health conditions for imports
of certain birds into the Community and the quarantine
conditions
lays down the animal health
into the
conditions
Community from third countries and parts thereof. In
the interests of clarity and consistency of Community
rules,
it is appropriate that the definition of birds in
that Regulation be taken into account for the purposes
of this Decision.

certain birds

imports of

Commission Decision 2006/265/EC of 31 March 2006
concerning certain protection measures in relation to a
suspicion of highly pathogenic avian influenza in Swit-
zerland (5) and Commission Decision 2006/533/EC of
28 July 2006 concerning certain temporary protection
avian
measures
influenza in Croatia (6) were adopted following positive
findings for highly pathogenic avian influenza of subtype
H5N1 in wild birds in both of those third countries.

in relation to highly pathogenic

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

(4) OJ L 84, 24.3.2007, p. 7. Regulation as last amended by Regulation

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

(EC) No 311/2008 (OJ L 93, 4.4.2008, p. 3).

(2) OJ L 24, 31.1.1998, p. 9. Directive as last amended by Directive

(5) OJ L 95, 4.4.2006, p. 9. Decision as last amended by Decision

2006/104/EC.

2006/892/EC (OJ L 343, 8.12.2006, p. 99).

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

(6) OJ L 212, 2.8.2006, p. 19. Decision as amended by Decision

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

2006/892/EC.

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(4)

(5)

(6)

(7)

Those Decisions provided that Member States are to
suspend imports from certain parts of Croatia and Swit-
zerland of live poultry, ratites, farmed and wild feathered
game and certain other live birds, including pet birds and
hatching eggs of those species, as well as certain products
of birds.

Commission Decision 2006/415/EC of 14 June 2006
concerning certain protection measures in relation to
highly pathogenic avian influenza of the subtype H5N1
in poultry in the Community and repealing Decision
2006/135/EC (1)
lays down certain biosecurity and
that
restriction measures
including the establishment of areas A and B
disease,
following a suspected or confirmed outbreak of
the
disease in poultry.

the spread of

to prevent

Commission Decision 2006/563/EC of 11 August 2006
concerning certain protection measures in relation to
highly pathogenic avian influenza of subtype H5N1 in
wild birds in the Community and repealing Decision
2006/115/EC (2) lays down certain protection measures
to prevent the spread of that disease from wild birds to
poultry including, based on risk assessment, the estab-
lishment of control and monitoring areas taking into
account the epidemiological, geographical and ecological
factors
following a suspected or confirmed positive
finding for that disease in wild birds.

authorities of

Croatia has notified the Commission that the competent
authorities of that third country are applying protection
to those applied by the
measures that are equivalent
competent
as
the Member
in Commission Decision 2006/563/EC,
provided for
when highly pathogenic
avian influenza of H5N1
subtype is suspected or confirmed in wild birds and
immediately notify the Commission of any
that it will
future changes to its animal health status,
including
specifically any positive findings of that disease in wild
birds.

States,

are

equivalent

the
Switzerland has notified the Commission that
that country are applying
competent authorities of
to those
that
protection measures
applied by the competent authorities of
the Member
States, as provided for in Decisions 2006/415/EC and
2006/563/EC, when highly pathogenic avian influenza
of subtype H5N1 is suspected or confirmed in poultry
or wild birds and that it will
immediately notify the
Commission of any future changes to its animal health
including specifically any outbreak or positive
status,
that disease in poultry or wild birds.
findings of
the Agreement
taken of
Account

should also be

(1) OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision

2008/70/EC (OJ L 18, 23.1.2008, p. 5).

between the European Community and the Swiss
Confederation on trade in agricultural products (3).

(8)

The Commission will
immediately inform the Member
States and forward any such information received from
the competent authorities of Croatia and Switzerland to
them.

(9)

Decisions 2006/265/EC and 2006/533/EC expired on
30 June 2007.

(10)

(11)

(12)

In the light of the current epidemiological situation as
regards highly pathogenic avian influenza of subtype
H5N1 in the Community and in third countries, and in
view of the guarantees received from Croatia, it is appro-
priate that in the event of a positive finding of that
disease in a wild bird in the territory of Croatia,
that
Community
country are only applied to those parts of Croatia for
which the competent authority of
that country does
apply equivalent protection measures as laid down in
Decision 2006/563/EC.

protection measures

concerning

In view of the guarantees received from Switzerland, it is
appropriate that in the event of a positive finding of
avian influenza of subtype H5N1 in a wild bird or an
outbreak of that disease in poultry in the territory of
Switzerland,
that
country are only applied to those parts of Switzerland
for which the competent authority of that country does
apply equivalent protection measures as laid down in
Decisions 2006/415/EC and 2006/563/EC.

protection measures

concerning

animal

and intestines,

Commission Decision 2007/777/EC of 29 November
2007 laying down the
and public health
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 (4) lays down the
list of third countries from which Member States may
authorise the importation of meat products and treated
and establishes
stomachs, bladders
regimes considered effective in inactivating
treatment
the respective pathogens.
In order to prevent the risk
of disease transmission via such products, appropriate
treatment must be applied depending on the health
the country of origin and the species the
status of
products are obtained from. It is therefore appropriate
that
a derogation from the provision suspending
imports of meat products of wild feathered game orig-
inating in Croatia and Switzerland should be granted,
provided the products have been treated to a temperature
of at least 70 °C throughout the products.

(2) OJ L 222, 15.8.2006, p. 11. Decision as amended by Decision

2007/119/EC (OJ L 51, 20.2.2007, p. 22).

(3) OJ L 114, 30.4.2002, p. 132.
(4) OJ L 312, 30.11.2007, p. 49.

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(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

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall suspend imports or the introduction
into the Community from that part of the territory of Croatia
referred to in paragraph 2(a) and from that part of the territory
of Switzerland referred to in paragraph 2(b) of the following
commodities:

(a) poultry as defined in Article 2(a) of Decision 2006/696/EC;

(b) hatching eggs as defined in Article 2(b) of Decision

2006/696/EC;

(c) birds as defined in Article 3(a) of Regulation (EC) No

318/2007 and their hatching eggs;

(d) meat, minced meat, meat preparations, mechanically

separated meat of wild feathered game;

apply protection measures that are equivalent to those laid
down in Decision 2006/563/EC;

(b) as regards Switzerland, all areas of the territory of Swit-
zerland for which the competent authorities of Switzerland
do formally apply protection measures that are equivalent to
those
2006/415/EC and
in Decisions
2006/563/EC.

down

laid

imports

By way of derogation from paragraph 1(e), Member States
3.
shall
introduction into the
authorise
and the
Community of meat products consisting of or containing
the
meat of wild feathered game under the condition that
the
least one of
meat of
specific treatments referred to under points B, C or D in Part
4 of Annex II to Decision 2007/777/EC.

these species has undergone at

Article 2

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 3

(e) meat products consisting of or containing meat of wild

This Decision shall apply until 30 June 2009.

feathered game;

Article 4

(f)

raw pet food and unprocessed feed material containing any
parts of wild feathered game;

This Decision is addressed to the Member States.

(g) non-treated game trophies from any birds.

The suspension provided for in paragraph 1 shall apply to

2.
imports or the introduction into the Community from:

(a) as regards Croatia, all areas of the territory of Croatia for
which the competent authorities of Croatia do formally

Done at Brussels, 26 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission