Recent developments regarding the spread of avian influenza in the EU
As the deadly avian influenza virus rages across several parts of Europe and, increasingly, other parts of the world including Africa, the EU has been busy adopting measure after measure in attempts to control the spread. Hong Kong traders and businesses may already 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"), which takes into account the most recent scientific knowledge on avian influenza and repeals old Directive 92/40/EEC.
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 avian influenza 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 new 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 provide for every possible scenario in framework legislation. Such measures must be agreed with Member States within the Standing Committee on the Food Chain and Animal Health (SCFCAH), before they can be adopted by the Commission. The ad hoc measures are discussed below.
Recent vaccination developments: On 22 February 2006, Commission proposals to allow France and the Netherlands to carry out targeted preventive vaccination campaigns on poultry were backed by the SCFCAH. The vaccination programmes are therefore authorised, but only for specific birds in specified regions, and subject to surveillance and control requirements. In France, the vaccination is due to begin immediately, and will be carried out until 1 April 2006, during which time around 900,000 birds are expected to be immunised against the H5N1 virus. In the Netherlands, the vaccination will be provided on a voluntary basis, as an alterative to the requirement that the birds be kept indoors.
Recent developments regarding precautionary measures: The Commission recently adopted two decisions on precautionary measures to be taken by Member States in the event of an outbreak of the H5N1 virus in wild birds and in commercial poultry on their territory:
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.
Several Member States have recently announced that they will be applying the precautionary measures set out in Decision 2006/115/EC, following outbreaks of avian flu in wild birds on their territories. These include Poland, Sweden, France, Germany, Austria, Hungary, Slovakia and Slovenia.
Measures vis-a-vis third countries: Hong Kong traders and businesses may wish to remind themselves of the provisions of Decision 2005/692/EC of 6 October 2005, which extends the earlier existing prohibitions against relevant exports from Hong Kong and the mainland (the said Decision 2005/692/EC replaces Decision 2004/122/EC which expired on 30 September 2005). As regards the Chinese mainland, imports into the EU of the following continue to be entirely banned:
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fresh poultry meat;
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meat preparations and meat products consisting of, or containing poultry meat;
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raw pet food and unprocessed feed material containing any parts of poultry; and
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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, the Directive bans imports into the EU of the following:
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unprocessed feathers and parts of feathers (although, by way of derogation, Member States shall authorise their import from Mongolia); and
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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 is not 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.
In addition to the foregoing, Decision 2005/760/EC (published on 28 October 2005), bans imports of captive live birds from all third countries, other than poultry for commercial purposes. Member States are required to 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 2005, significantly restricts the import of live birds accompanying their owners.
The Decisions published on 28 October 2005 originally applied until 30 November 2005 but, following recent amendments, have now been extended in time until 31 May 2006.
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