2005/760/EC: Commission Decision 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 (notified under document number C(2005) 4288)   (Text with EEA relevance)

28.10.2005 EN Official Journal of the European Union L 285/60
COMMISSION DECISION
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
(notified under document number C(2005) 4288)
(Text with EEA relevance)
(2005/760/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18 (1) thereof,
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) thereof,
Whereas:
(1) Avian influenza is an infectious viral disease in poultry and 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 via international trade in live birds other than poultry.
(2) Highly pathogenic avian influenza was detected in imported birds in quarantine in a Member State, it appears therefore appropriate to suspend imports of these birds from certain areas at risk and to use for the definition of the areas a reference to the relevant Regional Commissions of the World Organisation for Animal Health (OIE).
(3) Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (1) to Directive 90/425/EEC (3) provides for approved bodies, institutes and centres and a model certificate to accompany animals or their gametes between such approved premises in different Member States. The information required for trade could be used for import purposes.
(4) Commission Decision 2000/666/EC of 16 October 2000 laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (4) provides that Member States are to authorise the import of birds from the third countries listed as members of the OIE. The countries belonging to the OIE Regional Commissions listed in the Annex to the present Decision are members of the OIE and accordingly Member States are required to accept imports of birds, other than poultry, from those countries under Decision 2000/666/EC.
(5) When admitting to the quarantine premises, the Member States should ascertain, based on certification, whether the particular bird in question is indigenous, or was born and reared or caught in the exporting country.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,