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Document 02007D0025-20131105

Consolidated text: Commission Decision of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (notified under document number C(2006) 6958) (Text with EEA relevance) (2007/25/EC)

ELI: http://data.europa.eu/eli/dec/2007/25(1)/2013-11-05

2007D0025 — EN — 05.11.2013 — 006.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COMMISSION DECISION

of 22 December 2006

as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community

(notified under document number C(2006) 6958)

(Text with EEA relevance)

(2007/25/EC)

(OJ L 008, 13.1.2007, p.29)

Amended by:

 

 

Official Journal

  No

page

date

 M1

COMMISSION DECISION of 19 December 2007

  L 344

50

28.12.2007

►M2

COMMISSION DECISION of 17 December 2008

  L 4

15

8.1.2009

 M3

COMMISSION DECISION of 6 November 2009

  L 291

27

7.11.2009

►M4

COMMISSION DECISION of 30 November 2010

  L 316

10

2.12.2010

 M5

COMMISSION IMPLEMENTING DECISION of 7 May 2012

  L 123

42

9.5.2012

►M6

COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013

  L 158

74

10.6.2013

►M7

COMMISSION IMPLEMENTING DECISION of 31 October 2013

  L 293

40

5.11.2013




▼B

COMMISSION DECISION

of 22 December 2006

as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community

(notified under document number C(2006) 6958)

(Text with EEA relevance)

(2007/25/EC)



THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC ( 1 ), and in particular Article 18 thereof,

Whereas:

(1)

Following the outbreak of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures in relation to that disease. Those measures include in particular Commission 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 ( 2 ). Decision 2005/759/EC currently applies until 31 December 2006.

(2)

Avian influenza outbreaks caused by the highly pathogenic avian influenza strain H5N1 are still detected on a regular basis in certain member countries of the World Organisation for Animal Health (OIE), including countries not affected before. The disease is therefore not yet contained. Furthermore, human cases and even deaths resulting from close contact with infected birds continue to occur in countries around the globe.

(3)

Following a request by the Commission, the EFSA Panel on animal health and welfare (AHAW) adopted during its meeting on 26 and 27 October 2006 a Scientific Opinion on the Animal health and welfare risks associated with the import of wild birds other than poultry into the Community. This opinion points to the risks of the spreading of viral diseases such as avian influenza and Newcastle Disease via the import of birds other than poultry and identifies possible tools and options which can reduce any identified animal health risk related to the import of these birds. Furthermore the opinion points out that it is seldom possible to distinguish with certainty between birds ‘caught in the wild’ and‘captive bred’ birds, since methods of marking can be applied to the different types of birds without it being possible to distinguish between them.

(4)

These conclusions can also be applied to the movement of pet birds from third countries. In order to guarantee a clear distinction between captive birds caught in the wild for commercial importation and pet birds, movement of live pet birds should continue to be subjected to strict conditions, without distinction in country of origin, in order to ensure the status of the pet birds and to prevent the spreading of those viral diseases. It is therefore appropriate to extend the application of the measure established by Decision 2005/759/EC until 31 December 2007.

(5)

Since its coming into force Decision 2005/759/EC has been amended several times. For the sake of clarity of Community legislation, Decision 2005/759/EC should be repealed and replaced by this Decision.

(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,

HAS ADOPTED THIS DECISION:



Article 1

Movement from third countries

1.  Member States shall authorise the movement from third countries of live pet birds solely where the consignment consists of not more than five birds and:

(a) the birds come from an OIE member country falling within the competence of a Regional Commission listed in Part A of Annex I, or

(b) the birds come from an OIE member country falling within the competence of a Regional Commission listed in Part B of Annex I on condition that the birds:

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(i) have undergone isolation for 30 days prior to export at the place of departure in a third country listed in Part 1 of Annex I or Part 1 of Annex II to Commission Regulation (EU) No 206/2010 ( 3 ), or

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(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 ( 4 ), or

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(iii) have, within the last six months and not later than 60 days prior to dispatch from the third country, been vaccinated, and at least on one occasion revaccinated, against avian influenza using an H5 vaccine approved for the species concerned in accordance with the manufacturer’s instructions, or

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(iv) have been in isolation for at least 10 days prior to export and have undergone a test to detect the avian influenza H5N1 antigen or genome as laid down in the Chapter on avian influenza of the Manual of Diagnostic tests and Vaccines for Terrestrial Animals, as regularly updated by the OIE, carried out on a sample taken not earlier than the third day of isolation.

▼B

2.  Compliance with the conditions in paragraph 1 shall be certified by an official veterinarian, in the case of the conditions provided for in paragraph 1(b)(ii) based on owner’s declaration, in the third country of dispatch in accordance with the model certificate provided for in Annex II.

3.  The veterinary certificate shall be complemented by a declaration of the owner or the representative of the owner in accordance with Annex III.

Article 2

Veterinary checks

1.  Member States shall take the measures necessary to ensure that pet birds moved into Community territory from a third country are subject to documentary and identity checks by the competent authorities at the traveller’s point of entry into Community territory.

2.  Member States shall designate the authorities referred to in paragraph 1 which is responsible for such checks and immediately inform the Commission thereof.

3.  Each Member State shall draw up a list of points of entry as referred to in paragraph 1 and forward it to the other Member States and to the Commission.

4.  Where such checks reveal that the animals do not meet the requirements laid down in this Decision, the third subparagraph of Article 14 of Regulation (EC) No 998/2003 shall apply.

Article 3

This Decision shall not apply to the movement onto Community territory of birds accompanying their owners from Andorra, ►M6  ————— ◄ the Faeroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.

Article 4

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 5

Decision 2005/759/EC is repealed.

Article 6

This Decision shall apply until ►M7  31 December 2015 ◄ .

Article 7

This Decision is addressed to the Member States.




ANNEX I

PART A

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(a):

PART B

OIE member countries falling within the competence of the OIE Regional Commissions referred to in Article 1(1)(b):

 Africa,

 Americas,

 Asia, Far East and Oceania,

 Europe, and

 Middle East

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ANNEX II

Part I: Details of dispatched consignmentCOUNTRYVeterinary certificate to EUI.1. ConsignorNameAddressTel.I.2. Certificate reference NoI.2.a.I.3. Central competent authorityI.4. Local competent authorityI.5. ConsigneeNameAddressTel.I.6.I.7. Country of originISO codeI.8. Region of originCodeI.9. Country of destinationISO codeI.10.I.11. Place of originNameApproval numberAddressNameApproval numberAddressNameApproval numberAddressI.12. Place of destinationNameAddressPostal codeI.13. Place of loadingI.14. Date of departureI.15. Means of transportAeroplaneShipRailway wagonRoad vehicleOtherIdentificationDocumentary referencesI.16.I.17. No(s) of CITESI.18. Description of commodityI.19. Commodity code (HS code)I.20. QuantityI.21.I.22. Number of packagesI.23. Seal/Container NoI.24.I.25. Commodities certified for:PetsQuarantineI.26.I.27. For import or admission into EUI.28. Identification of the commoditiesSpecies(Scientific name)Identification systemIdentification numberQuantity

Part II: CertificationCOUNTRYPet birdsII. Health informationII.a. Certificate reference numberII.b.I, the undersigned official veterinarian of … (insert name of third country) certify that:1. The country of dispatch is a member country of the World Organisation for Animal Health (OIE) and belongs to the OIE Regional Commission for … (insert name of Regional Commission).2. The bird(s) described in point I.28 has/have been subjected today, within 48 hours or the last working day prior to the date of dispatch, to a clinical inspection and found free of obvious signs of disease;(1) either [3. The bird(s) complies/comply with at least one of the following conditions:(1) either [it/they comes/come from a third country listed in Part 1 of Annex I or Part 1 of Annex II to Regulation (EU) No 206/2010 and has/have been confined on the premises specified in point I.11 under official supervision for at least 30 days prior to the date of dispatch and effectively protected from contact with any other bird(s);](1) or [it/they has/have been vaccinated on … [dd/mm/yyyy] and at least on one occasion re-vaccinated on … [dd/mm/yyyy] within the last 6 months and not later than 60 days prior to the date of dispatch, in accordance with the manufacturer’s instructions against avian influenza using an H5 vaccine, which is not a live vaccine and approved for the species concerned in the third country of dispatch or at least in one Member State of the European Union;](1) or [it/they has/have been isolated for at least 10 days prior to the date of dispatch and have been subjected to a test for the detection of avian influenza H5N1 antigen or genome, as prescribed in the Chapter 2.3.4 on avian influenza in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE, as regularly updated, carried out on a sample taken on … [dd/mm/yyyy], not earlier than on the third day of isolation;]](1) or [3. The owner/person responsible for the bird(s) has declared that he/she has made arrangements for the 30 days post-introduction quarantine in an approved quarantine facility or centre in accordance with Article 6 of Regulation (EC) No 318/2007].4. The owner or the representative of the owner has declared that:4.1. The bird(s) is/are “pet animal(s)” as defined in Article 3(a) of Regulation (EC) No 998/2003 intended for non-commercial movement.4.2. During the period between the pre-movement veterinary inspection and the factual departure the bird(s) will remain isolated from any possible contact with any other bird(s).(1) either [4.3. The bird(s) has/have been confined on the premises for at least the 30 days immediately prior to the date of dispatch without coming into contact with any other bird(s).](1) or [4.3. The bird(s) has/have undergone the 10 days pre-movement isolation.](1) or [4.3. Arrangements have been made for the 30 days post-introduction quarantine of the bird(s) at the quarantine premises of … ]NotesPart IBox reference I.8: Provide the code of territory as appearing in Part 1 of Annex I or in Part 1 of Annex II to Regulation (EU) No 206/2010,Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided,Box reference I.19: Use the appropriate HS codes: 01.06.31, 01.06.32, 01.06.39,Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included,Box reference I.28: Identification system: The birds must bear:An individual number which permits tracing of their premises of origin. Specify the identification system (such as clip, leg band, microchip, transponder, tag).

COUNTRYPet birdsII. Health informationII.a. Certificate reference numberII.b.Part II:(1) Keep as appropriate.This certificate is valid for 10 days. In the case of transport by boat the validity is prolonged by the time of the sea voyage.Official veterinarian or official inspectorName (in capital letters):Qualification and title:Local veterinary unit:LVU No:Date:Signature:Stamp:




ANNEX III

DECLARATION

I, the undersigned owner ( 5 )/person responsible for the bird(s) on behalf of the owner (5)  declare:

1. The bird(s) is/are accompanying the undersigned person and are not intended to be sold or transferred to another owner.

2. The bird(s) will remain under the responsibility of the undersigned person during its/their non-commercial movement.

3. During the period between the pre-movement veterinary inspection and the actual departure the bird(s) will remain isolated from any possible contact with any other bird(s); and

4.

 

 (5) either

[The bird(s) has/have been confined on the premises for a period of at least 30 days immediately prior to the date of dispatch without coming into contact with any other bird(s).]

 (5) or

[The bird(s) has/have undergone the 10 days pre-movement isolation.]

 (5) or

[I have made arrangements for the 30 days post-introduction quarantine of the bird(s) at the quarantine premises of , as indicated in the corresponding Certificate.]



 
 

(Date and Place)

(Signature)



( 1 ) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1467/2006 (OJ L 274, 5.10.2006, p. 3).

( 2 ) OJ L 285, 28.10.2005, p. 52. Decision as last amended by Decision 2006/522/EC (OJ L 205, 27.7.2006, p. 28).

( 3 ) OJ L 73, 20.3.2010, p. 1.

( 4 ) OJ L 84, 24.3.2007, p. 7.

( 5 ) Keep as appropriate.

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