HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 123/42
EN
Official Journal of the European Union
9.5.2012
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 7 May 2012
amending Decisions 2005/692/EC, 2005/734/EC, 2007/25/EC and 2009/494/EC as regards avian
influenza
(notified under document C(2012) 2947)
(Text with EEA relevance)
(2012/248/EU)
THE EUROPEAN COMMISSION,
(2) Those
measures
are
laid
down,
in
particular,
in
Commission Decision 2005/692/EC of 6 October 2005
concerning certain protection measures in relation to
Having regard to the Treaty on the Functioning of the European
avian influenza in several third countries ( 5 ), Commission
Union,
Decision 2005/734/EC of 19 October 2005 laying down
biosecurity measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by Influenza
virus A subtype H5N1 from birds living in the wild to
Having regard to Council Directive 90/425/EEC of 26 June
poultry and other captive birds and providing for an
1990 concerning veterinary and zootechnical checks applicable
early detection system in areas at particular risk (
in intra-Community trade in certain live animals and products

6 ),
Commission Decision 2007/25/EC of 22 December
with a view to the completion of the internal market ( 1 ), and in
2006 as regards certain protection measures in relation
particular Article 10(4) thereof,
to highly pathogenic avian influenza and movements of
pet birds accompanying their owners into the Commu
nity ( 7 ) and Commission Decision 2009/494/EC of
Having regard to Council Directive 91/496/EEC of 15 July
25 June 2009 concerning certain protection measures
1991 laying down the principles governing the organization
in relation to highly pathogenic avian influenza of
of veterinary checks on animals entering the Community
subtype H5N1 in Croatia and Switzerland ( 8 ).
from third countries and amending Directives 89/662/EEC,
90/425/EEC and 90/675/EEC ( 2 ), and in particular Article 18(7)
thereof,
(3) The
measures
laid
down
in
those
Decisions
are
applicable
until 30 June 2012. However, outbreaks of highly
Having regard to Council Directive 97/78/EC of 18 December
pathogenic avian influenza in wild birds and in poultry
1997 laying down the principles governing the organisation of
of the subtype H5N1 continue to occur in third countries
veterinary checks on products entering the Community from
thereby also posing a risk to animal and human health
third countries ( 3 ), and in particular Article 22(6) thereof,
within the Union.
Having regard to Regulation (EC) No 998/2003 of the European
Parliament and of the Council of 26 May 2003 on the animal
(4) Given
the
epidemiological
situation
regarding
avian
health requirements applicable to the non-commercial
influenza, it is appropriate to continue limiting the
movement of pet animals and amending Council Directive
risks posed by imports of poultry, poultry products,
92/65/EEC ( 4 ), and in particular Article 18 thereof,
pet birds and other products covered by those Decisions,
as well as to maintain biosecurity measures, early
detection systems and certain protection measures in
Whereas:
relation to highly pathogenic avian influenza of the
H5N1 subtype.
(1) The
Commission
adopted
several
protection
measures
in
relation to avian influenza, following the outbreaks of
that disease in south-east Asia which started in mid-
(5)
The period of application of Decisions 2005/692/EC,
2003 and was caused by the highly pathogenic avian
2005/734/EC, 2007/25/EC and 2009/494/EC should
influenza virus of the subtype H5N1.
therefore be extended until 31 December 2013.
( 1 ) OJ L 224, 18.8.1990, p. 29.
( 5 ) OJ L 263, 8.10.2005, p. 20.
( 2 ) OJ L 268, 24.9.1991, p. 56.
( 6 ) OJ L 274, 20.10.2005, p. 105.
( 3 ) OJ L 24, 30.1.1998, p. 9.
( 7 ) OJ L 8, 13.1.2007, p. 29.
( 4 ) OJ L 146, 13.6.2003, p. 1.
( 8 ) OJ L 166, 27.6.2009, p. 74.

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EN
9.5.2012 Official
Journal
of
the
European
Union L
123/43
(6) In
2004,
outbreaks
of
highly
pathogenic
avian
influenza HAS ADOPTED THIS DECISION:
were detected in Thailand. Therefore, protection measures
concerning imports of certain commodities originating
from poultry and birds in Thailand were adopted by
Article 1
the Commission.
Decision 2005/692/EC is amended as follows:
(7) Accordingly,
Article
1
of
Decision
2005/692/EC
provides
that Member States are to suspend the importation from
(1) Article 1 is deleted;
Thailand of certain products including meat of poultry,
farmed ratites and wild game-birds, and eggs.
(2) in Article 7, the date ‘30 June 2012’ is replaced by
‘31 December 2013’.
(8) Thailand
has
implemented
a
rigorous
stamping-out
policy in order to eradicate highly pathogenic avian
influenza from its territory. The last outbreak of that
Article 2
disease was reported in November 2008 and Thailand
In Article 4 of Decision 2005/734/EC, the date ‘30 June 2012’
declared itself free from highly pathogenic avian
is replaced by ‘31 December 2013’.
influenza with effect from 11 February 2009.
Article 3
(9) Commission
experts
have
carried
out
several
inspection
missions in Thailand to assess the animal health situation
In Article 6 of Decision 2007/25/EC, the date ‘30 June 2012’ is
and the disease control systems in place in that third
replaced by ‘31 December 2013’.
country. The conclusion drawn from the last mission
carried out in Thailand is that the overall system gives
sufficient guarantees that the concerned products fulfil
Article 4
the relevant Union requirements.
In Article 3 of Decision 2009/494/EC, the date ‘30 June 2012’
is replaced by ‘31 December 2013’.
(10) In
view
of
the
favourable
animal
health
situation,
in
particular as regards the control of highly pathogenic
avian influenza in poultry and the guarantees provided
Article 5
by Thailand, the suspension of imports provided for in
This Decision is addressed to the Member States.
Article 1 of Decision 2005/692/EC should no longer
apply.
(11) Decisions
2005/692/EC,
2005/734/EC,
2007/25/EC
and
Done at Brussels, 7 May 2012.
2009/494/EC should therefore be amended accordingly.
For the Commission
(12) The
measures provided for in this Decision are in
accordance with the opinion of the Standing
John DALLI
Committee on the Food Chain and Animal Health,
Member of the Commission

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Document Outline

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