2005/194/EC: Commission Decision of 8 March 2005 amending for the fourth time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries (notified under document number C(2005) 521) (Text with EEA relevance)

10.3.2005 EN Official Journal of the European Union L 63/25
COMMISSION DECISION
of 8 March 2005
amending for the fourth time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries
(notified under document number C(2005) 521)
(Text with EEA relevance)
(2005/194/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 (7) 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 (6) thereof,
Whereas:
(1) Commission Decision 2004/122/EC (3) was adopted in response to outbreaks of avian influenza in several Asian countries, including Japan and South Korea.
(2) Japan and South Korea have submitted their final report on the avian influenza situation in their territory and on the measures taken to control the disease to the World Organisation for Animal Health (OIE). In addition Japan and South Korea have declared their countries free of avian influenza and sent information on the animal health situation to the Commission with a request to amend Decision 2004/122/EC accordingly. The protection measures adopted under Decision 2004/122/EC for those countries should therefore no longer apply.
(3) The conditions for imports of live birds other than poultry from third countries are laid down in Commission Decision 2000/666/EC (4) and thus these rules also apply to Japan and South Korea. Live birds other than poultry must be inter alia subjected to quarantine and testing for avian influenza.
(4) Taking account of the disease situation in Cambodia, China, Indonesia, Laos, Malaysia, Pakistan, Thailand and Vietnam, it is necessary to further prolong the duration of the protective measures concerning these countries provided for in decision 2004/122/EC.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,