EU imposes tough global restrictions after renewed avian influenza scare
On 28 October 2005, the Official Journal published Commission Decision 2005/760/EC pursuant to the EU Member States endorsing the decision to ban imports of captive live birds from all third countries, other than poultry for commercial purposes. Hong Kong and Chinese mainland poultry traders will, however, be all too familiar with the EU restrictions in place regarding their poultry or poultry products.
Indeed, pursuant to a Commission Decision which has been routinely amended (so as to be prolonged and/or cover more countries) poultry meat and other poultry products have been banned if originating in mainland China, while bird feathers and live birds (other than poultry) have likewise been banned if originating in several other Asian countries including Hong Kong and the mainland.
The latest Decision published on 28 October 2005 (which is imposed alongside the one mentioned in the preceding paragraph), requires that EU Member States suspend the importation of live birds (other than poultry) and products derived from such birds if they originate in Africa, the Americas, Asia, the Far East and Oceania, other European countries and the Middle East. Another Decision, 2005/759/EC, also published on 28 October, significantly restricts the import of live birds accompanying their owners.
While critics claim that the Decisions were bred out of sheer panic, arising simply on the basis of one parrot (from Surinam) held in quarantine in the UK dying of the H5N1 virus during the preceding week, there can be no doubt that neither the Commission nor the Member States wish to appear lax or take any chances. Moreover, as the highly pathogenic strain has been found in, among others, Russia, Turkey, Romania, Greece and most recently Croatia, the Decisions can be seen as a cumulation of significant findings.
With heightened media attention drawn to birds falling dead or being tested positive for the extremely pathogenic avian influenza strain H5N1, and the possibility of the strain being transmitted to humans which in turn could lead to an unstoppable pandemic, measures are sure to get tougher rather than weaker. Indeed, although about 60 people have already died in Asian countries from contracting the related disease, there have been no human-to-human strains so far. Nonetheless, the effects on trade, as mainland exporters have already seen, can be devastating.
The Decisions published on 28 October will apply until 30 November 2005, during which time the overall situation will be reviewed. There is, of course, a strong likelihood that the restrictions will continue.
As for the restrictions already in place for some time, the Hong Kong and Chinese mainland poultry-farming community might like to be appraised of the following. The relevant "protection measures" as they are called, were last renewed on 6 October 2005 by Decision 2005/692/EC (the latter Decision replaces Decision 2004/122/EC which expired on 30 September 2005). As regards the Chinese mainland, imports into the EU of the following continues to be entirely 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.
As regards the Chinese mainland and Hong Kong as well as Cambodia, Indonesia, Kazakhstan, Laos, Malaysia, Mongolia, North Korea, Pakistan, Thailand and Vietnam, imports into the EU of the following are entirely banned:
unprocessed feathers and parts of feathers (although, by way of derogation, Member States shall authorise their import from Mongolia), and
live birds other than poultry, including birds accompanying their owners (i.e., pet birds); "birds" in this context means animals of the avian species.
Where traders wish to import processed feathers or parts of feathers into the EU, consignments must be accompanied by a commercial document, which states that the processed feathers or parts thereof have been treated with a steam current or by some other method ensuring that no pathogens are transmitted.
However, the commercial document shall not be required for processed decorative feathers or parts of feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial uses.
Decision 2005/692/EC of 6 October 2005, which entered into force on 1 October 2005, will apply until 30 September 2006. However, until an acceptable solution is found which would eradicate the virulent strains of avian influenza (and especially H5N1) or at the very least the possibility, however remote, of it passing between humans, the measures outlined above appear set to remain in force for even longer.
