20.10.2005   

EN

Official Journal of the European Union

L 274/93

(1)

Community measures for the control of avian influenza were established by Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (2), in order to ensure the protection of animal health and contribute to the development of the poultry sector.

(2)

Following the outbreak of a very serious epidemic of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, Commission Decision 2004/122/EC of 6 February 2004 concerning certain protection measures in relation to avian influenza in several third countries (3) was adopted.

(3)

That Decision, which has been amended several times to take account of the evolution of the disease, namely the westward spread of the disease, provided that imports into the Community from those third countires of poultry meat, live poultry, other live birds and certain other products of poultry origin were suspended, subject to limited exceptions. In that regard, account was, in particular, given to the conclusions of the working group on avian influenza of the Standing Committee on the Food Chain and Animal Health following its meetings on 25 August 2005 and 6 September 2005.

(4)

Decision 2004/122/EC has been repealed and replaced by Commission Decision 2005/692/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (4) and by Commission Decision 2005/693/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in Russia (5).

(5)

Furthermore, in order to limit the risk arising from non-commercial imports of products of animal origin, the Commission Decision 2002/995/EC of 9 December 2002 laying down interim safeguard measures with regard to imports of products of animal origin for personal consumption (6) was adopted. That Decision was repealed and replaced by Commission Regulation (EC) No 745/2004 of 16 April 2004 laying down measures with regard to imports of products of animal origin for personal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 (7).

(6)

In addition, since 2002 surveillance programmes for avian influenza in poultry and wild birds have been implemented in Member States. Those programmes were approved by Commission Decision 2002/673/EC of 22 August 2002 approving the programmes for the implementation of Member States’ surveys for avian influenza in poultry and wild birds (8) and Commission Decision 2004/630/EC of 27 July 2004 approving the programmes for the implementation of Member States’ surveys for avian influenza in poultry and wild birds during 2004 and laying down reporting and eligibility rules for the financial contribution from the Community to the implementation costs of those programmes (9).

(7)

More recently, such programmes have been approved by Commission Decision 2005/732/EC of 17 October 2005 approving the programmes for the implementation of Member States’ surveys for avian influenza in poultry and wild birds during 2005, and laying down reporting and eligibility rules for the Community financial contribution to the implementation costs of those programmes (10) with specific regard to the conclusions of the working group on avian influenza of the Standing Committee on the Food Chain and Animal Health, following its meetings on 25 August 2005 and 6 September 2005.

(8)

At its meeting on 6 September 2005, the working group on avian influenza of the Standing Committee on the Food Chain and Animal Health recommended, inter alia, that the occurrence of abnormal mortality and significant disease outbreaks in wild birds should be subjected to surveillance and to laboratory tests for avian influenza.

(9)

It is therefore appropriate to supplement those existing Community rules and to lay down specific rules as to the surveillance and testing of the occurrence of diseases in wild birds and in particular wild water birds.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)

appropriate samples are collected from dead birds and if possible from other birds which had contact with dead birds; and

(b)

those samples are subjected to laboratory tests for detection of the avian influenza virus.