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)

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:

(i)

have undergone isolation for 30 days prior to export at the place of departure in a third country listed in Council Decision 79/542/EEC(1), or

(ii)

undergo quarantine for 30 days after import in the Member State of destination on premises approved in accordance with Article 3(4) of Commission Decision 2000/666/EC(2), or

(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

(iv)

have been in isolation for at least 10 days prior to export and have undergone a test to detect the H5N1 antigen or genome as laid down in Chapter 2.1.14 of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals carried out on a sample taken not earlier than the third day of isolation.

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, Croatia, 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 31 December 2007.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006.

For the Commission

Markos Kyprianou

Member of the Commission