2005/862/EC: Commission Decision of  30 November 2005  amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza in birds other than poultry  (notified under document number C(2005) 4663)   (Text with EEA relevance)

3.12.2005 EN Official Journal of the European Union L 317/19
COMMISSION DECISION
of 30 November 2005
amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza in birds other than poultry
(notified under document number C(2005) 4663)
(Text with EEA relevance)
(2005/862/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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(3) 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 third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), 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 (3), and in particular Article 22(1) thereof,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (4), and in particular Article 18 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 via international trade in live birds other than poultry, including birds accompanying their owners (pet birds).
(2) 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 (5) provides that Member States shall only authorise the import of birds from the third countries listed as members of the World Organisation for Animal Health (OIE).
(3) Highly pathogenic avian influenza was detected in imported birds in quarantine in a Member State, and the Commission adopted Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners (6), and Decision 2005/760/EC 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 (7).
(4) New cases of avian influenza have been reported in certain member countries of the OIE. The suspension of movement of pet birds and of imports of other birds from certain areas at risk should therefore be extended.
(5) Regulation (EC) No 998/2003 provides for different veterinary control regimes depending on the number and the country of origin of the animals. It is appropriate to use the list of third countries in Section 2 of Part B of Annex II to that Regulation in combination with the list of countries provided for in Article 1(4) of Commission Regulation (EC) No 745/2004 of 16 April 2004 laying down measures with regard to imports of products of animal origin for personal consumption (8) in order to provide for derogations in this Decision.
(6) Pursuant to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (9), the placing on the market of a range of animal by-products, such as gelatine for technical use, materials for pharmaceutical use and others, originating in areas of the Community under animal health restrictions is authorised, as such products are considered safe due to the specific conditions of production, processing and utilisation that effectively inactivate possible pathogens or prevent contact to susceptible animals. In accordance with point 7 of Part B of Section II in Chapter III of Annex VIII to that Regulation, the placing on the market of guano is not subject to any animal health conditions.
(7) In accordance with Article 21 of Regulation (EC) No 1774/2002, safeguard measures in relation to products covered by Annexes VII and VIII to that Regulation are adopted in accordance with Article 10 of Directive 90/425/EEC.
(8) Decisions 2005/759/EC and 2005/760/EC should therefore be amended accordingly.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,