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Avian Flu

  

9 Feb 2007
Avian flu returns to Europe; measures against imports continue

After a period of almost six months during which no new outbreaks were reported, avian flu fears have now returned to haunt the EU. On 24 January 2007, the European Commission announced the discovery of an outbreak of avian influenza at a goose farm in Hungary. This is the first case of bird flu notified in the EU since August 2006, when an infected bird had been discovered at a zoo in Germany. Any hopes that the latest incident was an isolated one were subsequently quashed when, on 3 February 2007, the Commission confirmed an outbreak of bird flu in Suffolk (East England). Avian influenza has therefore once again become a hot topic for EU regulators.

Hong Kong businesses may recall that, between the end of 2005 and summer 2006, 14 countries of the (then) EU-25 were affected by cases of the H5N1 virus on their territory. This caused poultry prices and consumption to plummet. Traders are already likely to be aware of the existence of Council Directive 2005/94/EC on Community measures for the control of avian influenza (adopted on 20 December 2005, the so-called "Avian Influenza Directive").

The Avian Influenza Directive sets out rules on the surveillance, control and eradication measures that must be taken in the event of a highly pathogenic outbreak. It provides for the use of both emergency and preventive vaccination against avian influenza, subject to specific requirements, including the following. Preventive vaccination must be based on a risk assessment carried out by national authorities, and will be subject to rigorous surveillance requirements for vaccinated birds. In addition, Commission Decision 2005/744/EC (adopted on 21 October 2005) allows Member States to vaccinate special categories of birds (e.g., zoo birds) to protect them against avian flu.

The Avian Influenza Directive also gives the Commission full flexibility to take ad hoc measures in the case of an outbreak of avian influenza, under the rationale that it is impossible to foresee beforehand every possible scenario in framework legislation. For example, Commission Decision 2006/115/EC (adopted on 16 February 2006), lays down precautionary measures in the event of a suspected or confirmed case of avian influenza in wild birds. It provides, among others, that Member States must establish a protection zone of 3 km radius around the place where the disease is detected and a further surveillance zone of at least 10 km radius around this area. The Decision also lays out requirements for containment of poultry indoors, enhanced bio-security and movement restrictions in both zones. Commission Decision 2006/135/EC (adopted on 22 February 2006) provides for similar protection measures following an outbreak or suspected outbreak of the H5N1 virus in domestic poultry.

As regards the latest outbreaks of bird flu in the EU, tests carried out by Hungary's national laboratory have confirmed the virus found within its borders to be the "highly pathogenic" H5 strain. Samples are being sent to the Community Reference Laboratory for avian influenza (based in the UK), in order to determine whether this is the H5N1 virus that is potentially fatal to humans. The Hungarian authorities have already ordered a cull of the infected poultry in order to prevent the virus spreading. They are also applying the measures laid down in the Avian Influenza Directive and Decision 2006/415/EC on avian influenza in domestic poultry. Within the protected zone, all poultry must be kept indoors and all transport of poultry is prohibited, except directly to the slaughterhouse.

As regards the UK, the outbreak occurred on a holding of 159,000 turkeys and was detected following the death of around 2,500 birds. The UK authorities are also applying the measures laid down in the Avian Influenza Directive as regards the establishment of a protection zone and a surveillance zone. The Standing Committee on the Food Chain and Animal Health (the Standing Committee) was due to review the situation on 6 February 2007.

Updates on the avian influenza measures which are of particular relevance to Hong Kong and Chinese mainland traders are set out below.

Ban on imports of live captive birds extended
Hong Kong businesses should be aware that the Standing Committee has recently voted in favour of a Commission proposal to prolong the existing ban on imports of live captive birds. The import ban on live captive birds other than poultry for commercial purposes was first agreed upon in October 2005 in the form of Decision 2005/760/EC and includes imports of such birds from Asia and the Far East. As is the case with the existing ban, the new proposal contains certain derogations including, for example, an exemption for zoo birds and hatching eggs of non-poultry birds which are being sent to authorised hatcheries or zoos. The ban will now remain in place until 31 March 2007.

Ban on poultry from three Asian countries
The existing ban on imports of poultry and poultry products from the Chinese mainland, Malaysia and Thailand will remain in place until 31 December 2007. This ban is currently contained in Decision 2005/692/EC of 6 October 2005. As regards the Chinese mainland, imports into the EU of the following will therefore continue to be banned:
  • fresh poultry meat;
  • meat preparations and meat products consisting of, or containing, poultry meat;
  • raw pet food and unprocessed feed material containing any parts of poultry; and
  • eggs for human consumption and non-treated game trophies from any birds.

Ban on untreated feathers extended
The EU ban on untreated feathers from all third countries had been due to expire on 31 December 2006. This ban was agreed upon in February 2006, although Hong Kong traders and businesses may recall that untreated feather imports from the Chinese mainland and Hong Kong were already suspended by the EU in Decision 2005/692/EC. Hong Kong businesses should now note that, on 5 December 2006, Decision 2006/892/EC was published in the Official Journal and extends the period of application on the ban on untreated feathers from all third countries (including from the Chinese mainland and Hong Kong) until 30 June 2007.