2009/6/EC: Commission Decision of 17 December 2008 amending Decisions 2005/692/EC, 2005/731/EC, 2005/734/EC and 2007/25/EC concerning avian influenza as regards their period of application (notified under document number C(2008) 8333) Text with EEA relevance
Date: 2008-12-17
Institutions: European Commission
Subjects: animal disease, bird, domestic animal, health control, third country, veterinary inspection, zootechnics

8.1.2009

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Official Journal of the European Union

L 4/15

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 17 December 2008

amending Decisions 2005/692/EC, 2005/731/EC, 2005/734/EC and 2007/25/EC concerning avian
influenza as regards their period of application

(notified under document number C(2008) 8333)

(Text with EEA relevance)

(2009/6/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

requirements

health
non-commercial
movement of pet animals and amending Council Directive
92/65/EEC (4), and in particular Article 18 thereof,

applicable

the

to

Having regard to the Treaty
Community,

establishing the European

Whereas:

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,

(1)

(2)

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(7) thereof,

amending Directives

90/675/EEC (2),

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

Having regard to Regulation (EC) No 998/2003 of the European
Parliament and of the Council of 26 May 2003 on the animal

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 268, 24.9.1991, p. 56.
(3) OJ L 24, 30.1.1998, p. 9.

The Commission adopted several protection measures in
relation to avian influenza, following the outbreak of that
disease in south-east Asia that started in December 2003
and that was caused by a highly pathogenic H5N1 virus.

are

laid down,

in particular,

requirements for
in wild

Those measures
in
Commission Decision 2005/692/EC of 6 October 2005
concerning certain protection measures in relation to
avian influenza in several third countries (5), Commission
Decision 2005/731/EC of 17 October 2005 laying down
the surveillance of avian
additional
birds (6), Commission Decision
influenza
2005/734/EC of 19 October 2005 laying down biose­
curity measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by Influenza
virus A subtype H5N1 from birds living in the wild to
poultry and other captive birds and providing for an
early detection system in areas at particular risk (7) and
Commission Decision 2007/25/EC of 22 December
2006 as regards certain protection measures in relation
to highly pathogenic avian influenza and movements of
pet
the
birds
Community (8).

accompanying

owners

their

into

(4) OJ L 146, 13.6.2003, p. 1.
(5) OJ L 263, 8.10.2005, p. 20.
(6) OJ L 274, 20.10.2005, p. 93.
(7) OJ L 274, 20.10.2005, p. 105.
(8) OJ L 8, 13.1.2007, p. 29.

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Official Journal of the European Union

8.1.2009

Article 2
In Article 4 of Decision 2005/731/EC, the date ‘31 December
2008’ is replaced by ‘31 December 2009’.

Article 3
In Article 4 of Decision 2005/734/EC, the date ‘31 December
2008’ is replaced by ‘31 December 2009’.

Decision 2007/25/EC is amended as follows:

Article 4

1.

in Article 1(1), point (b)(ii) is replaced by the following:

‘(ii) undergo quarantine for 30 days after import into the
Member State of destination on premises approved in
accordance with Article 6(1) of Commission Regulation
(EC) No 318/2007 (*), or

___________
(*) OJ L 84, 24.3.2007, p. 7.’;

2.

in Article 6, the date ‘31 December 2008’
‘31 December 2009’;

is replaced by

3. Annex II
Decision.

is replaced by the text

in the Annex to this

Article 5

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.

This Decision is addressed to the Member States.

Article 6

Done at Brussels, 17 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Those Decisions apply until 31 December 2008.

Outbreaks of highly pathogenic avian influenza of
subtype H5N1 continue to occur in poultry and wild
birds in third countries. Furthermore, human cases and
even deaths resulting from close contact with infected
birds continue to occur in countries around the globe.
Therefore, there remains the risk that the disease will
spread from third countries to the Member States.

Therefore, apart from limiting the direct risk caused by
imports of poultry, poultry products and pet birds, it is
appropriate to keep in place the biosecurity measures to
transmission of highly pathogenic
reduce the risk of
avian influenza caused by Influenza virus A subtype
H5N1 from birds living in the wild to poultry and
other captive birds and to keep in place the early
detection systems in areas at particular risk.

The period of application of
therefore be extended until 31 December 2009.

those Decisions should

In addition, 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
thereof (1)
quarantine conditions
repeals Commission
Decision 2000/666/EC (2) and replaces the requirements
relating to the quarantine of certain birds imported into
the Community as laid down in that Decision.

The current references in Decision 2007/25/EC to the
requirements
laid down in Decision 2000/666/EC
should therefore be replaced with references to the
requirements laid down in Regulation (EC) No 318/2007.

Decisions 2005/692/EC, 2005/731/EC, 2005/734/EC
amended
and
accordingly.

2007/25/EC

therefore

should

be

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
In Article 7 of Decision 2005/692/EC, the date ‘31 December
2008’ is replaced by ‘31 December 2009’.

(1) OJ L 84, 24.3.2007, p. 7.
(2) OJ L 278, 31.10.2000, p. 26.

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ANNEX

‘ANNEX II

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Official Journal of the European Union

8.1.2009