21.12.2017   

EN

Official Journal of the European Union

L 342/13

(1)

Commission Decisions 2006/415/EC (7) and 2007/25/EC (8) and Commission Implementing Decision 2013/657/EU (9) were adopted following outbreaks of highly pathogenic avian influenza of the subtype H5N1 with a view to protecting animal and human health in the Union.

(2)

Decision 2006/415/EC lays down certain protection measures to be applied in the event of an outbreak of highly pathogenic avian influenza of the subtype H5N1 in poultry in a Member State, including the establishment of areas A and B following a suspected or confirmed outbreak of that disease.

(3)

Decision 2007/25/EC lays down certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Union.

(4)

Implementing Decision 2013/657/EU provides that Union protection measures in the event of a positive finding of avian influenza of subtype H5N1 in a wild bird or an outbreak of that disease in poultry in Switzerland are only to be applied to those parts of that third country for which the competent authority of that third country applies equivalent protection measures to those laid down in Decision 2006/415/EC and Commission Decision 2006/563/EC (10).

(5)

The measures laid down in Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU apply until 31 December 2017.

(6)

During recent years most outbreaks of highly pathogenic avian influenza in poultry and other captive birds, as well as cases in wild birds, within the Union have been caused by H5 subtypes other than H5N1 of Asian origin. However, that virus strain continues to circulate widely in poultry and other captive birds and in wild birds in several Asian and African countries and the risks for animal and human health in the Union persist.

(7)

It is therefore appropriate to continue mitigating the risks posed by that virus by certain protection measures in relation to outbreaks of highly pathogenic avian influenza in poultry and other captive birds in the Union and to maintain the measures directed at preventing the possible entry of highly pathogenic avian influenza viruses into the Union via imports of poultry commodities, including the introduction of pet birds.

(8)

The introduction of pet birds accompanying their owner poses a low risk for the introduction of the avian influenza virus into the Union, provided that the requirements of Decision 2007/25/EC are complied with, and the birds are destined for a household or another residence of the owner or responsible person. However, the requirements regarding the destination of pet birds following their entry in the Union are not sufficiently laid down in Decision 2007/25/EC which could result in such birds being entered into shows, fairs, exhibitions or other gatherings of birds with a higher risk for the possible spread of infection. Therefore, Decision 2007/25/EC should be amended in order to clearly lay down a requirement that such birds must not be entered into such events before the expiry of a period of 30 days following their entry into the Union.

(9)

In addition, the European Food Safety Authority adopted on 14 September 2017 a Scientific Opinion on avian influenza (11) (the EFSA Opinion). The measures laid down in Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU, should be reviewed in the light of the findings of the EFSA Opinion.

(10)

In order to maintain the current protection measures and to allow for a thorough evaluation of the policy options for the envisaged review of Union rules based on the findings of the EFSA opinion, the period of application of Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU should be extended until 31 December 2018.

(11)

With regard to Decision 2007/25/EC, it is also appropriate to update the conditions for the introduction of pet birds into the Union by including the avian influenza H7 antigen for the use of diagnostic tests and vaccines.

(12)

In addition, in order to facilitate the application of Union rules including certification for the introduction of pet birds into the Union, certain cross-references in Decision 2007/25/EC should be updated to take account of changes in Union legislation.

(13)

Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU should therefore be amended accordingly.

(14)

In order to avoid any disturbance with regard to the introduction of pet birds into the Union, the use of the veterinary certificate issued in accordance with Decision 2007/25/EC, prior to the amendments made by this Decision, should be authorised during a transitional period subject to certain conditions.

(15)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

in Article 1(1)(b):

(2)

in Article 2, paragraph (4) is replaced by the following:

‘4.   Where such checks reveal that the animals do not meet the requirements laid down in this Decision, Article 35 of Regulation (EU) No 576/2013 of the European Parliament and of the Council (*2) shall apply.

(*2)  Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).’"

(3)

In Article 6, the date ‘31 December 2017’ is replaced by ‘31 December 2018’.

(4)

In Annex II, Part II of the model veterinary certificate is amended as follows:

(5)

In Annex III, the following point 5 is added: