Update on the EU's avian influenza protection measures
As the deadly avian influenza virus continues its spread across several parts of Europe, the European Commission has further extended its avian influenza protection measures. More particularly, on 4 July 2006, the Standing Committee on the Food Chain and Animal Health (SCFCAH), backed a number of draft Commission proposals introducing, amending, and prolonging measures to protect the EU against avian influenza.
Hong Kong traders and businesses 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"). This 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 Avian Influenza Directive 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 SCFCAH, before they can be adopted by the Commission. The measures agreed upon at last month's meeting of SCFCAH are examined in more detail below.
Ban on imports of live captive birds extended
Hong Kong businesses and traders should be aware that SCFCAH voted in favour of a Commission proposal to prolong, until 31 December 2006, the existing ban on imports of live captive birds and the movement restrictions on pet birds entering the EU from third countries. The import ban on captive live 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.
For pet birds accompanying their owners from third countries, the restrictions which are now to be prolonged to the end of 2006 include an entry limit of five birds per accompanying owner and strict quarantine requirements for these birds. These restrictions were originally laid down in Decision 2005/759/EC of 27 October 2005. Croatia has now been added to the list of countries for which these restrictions do not apply. Already listed were Norway, Switzerland, Liechtenstein, Andorra, Iceland, Greenland, Faeroe Islands and San Marino.
The measures in relation to imports of live captive birds and pet birds have been prolonged specifically until December 2006 in order to be able to take into account the scientific opinion by the European Food Safety Authority (EFSA) on the animal health and animal welfare risks associated with the import of birds other than poultry into the Community. The opinion is expected at the end of October 2006 and is intended to guide the future policy of the EU on the animal health and animal welfare aspects of these imports.
Ban on poultry from three Asian countries
SCFCAH also agreed that 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:
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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.
The restrictions are still deemed necessary due to the fact that the highly pathogenic H5N1 virus is still present in South East Asia.
Ban on untreated feathers
The EU ban on untreated feathers from all third countries will also be extended until 31 December 2006, following agreement by SCFCAH. 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.
Since the extension of the ban to all third countries in February 2006, only feathers treated with a steam current, or another method which ensures that no pathogens remain in the product, are allowed to enter the EU from third countries. This is in line with an EFSA opinion which stated that feathers should be properly treated before being traded, to reduce the risk of avian influenza being spread through feathers and feather parts.
Dutch vaccination developments
On 4 July 2006, SCFCAH also agreed to the extension of the Dutch preventive vaccination programme, which was approved in February 2006 and which reached its authorised deadline at the end of June 2006. On the basis of an evaluation of work already carried out, the Dutch authorities will also make certain technical changes to improve their programme. These include an extension of the scope of the programme to cover more species (e.g., geese), provision for fully vaccinated birds to be moved to national exhibitions, and changes which will make vaccination cheaper and easier for hobby farmers.
Hungarian measures prolonged
In light of further confirmed cases of highly pathogenic avian influenza in domestic birds in southern Hungary, SCFCAH backed a Commission proposal to extend the prevention and control measures already in place until 31 August 2006. Since an outbreak of highly pathogenic H5N1 was confirmed in domestic geese in the south of the country in mid-June 2006, there has so far been a total of 20 suspected or confirmed cases, all located within the same area and within the restriction zones.
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