Commission Decision of 31 January 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards an extension of their period of application (notified under document number C(2006) 187) (Text with EEA relevance) (2006/79/EC)
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Address https://gelex.eu/eli/EU/decision/2006/79@2006-01-31/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, and in particular Article 10(4) thereof,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC, and in particular Article 18(7) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, and in particular Article 22(6) thereof,
Having regard to Regulation (EC) No 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, and in particular Article 18 thereof,
Whereas:
(1) Avian influenza is an infectious viral disease in poultry and birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live birds other than poultry, including birds accompanying their owners (pet birds).
(2) Following the outbreak of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, the Commission adopted several protection measures in relation to avian influenza. Those measures included in particular Commission Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners and Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds.
(3) Since new cases of avian influenza have been reported in certain member countries of the World Organisation for Animal Health (OIE), the restrictions concerning the movements of pet birds and imports of other birds from certain areas at risk should be continued. Therefore it is appropriate to extend the application of Decisions 2005/759/EC and 2005/760/EC.
(4) Decisions 2005/759/EC and 2005/760/EC should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
In Article 5 of Decision 2005/759/EC 31 January 2006 is replaced by 31 May 2006.
Article 2
In Article 6 of Decision 2005/760/EC 31 January 2006 is replaced by 31 May 2006.
Article 3
The 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 4
This Decision is addressed to the Member States.
Done at Brussels, 31 January 2006. For the Commission Markos Kyprianou Member of the Commission
Versions
Cited by
- Judgment of the General Court of 16 September 2013 — ATC and Others v Commission (Case T-333/10) Notice · Grade B
The European Union is ordered to compensate for the loss suffered by the Animal Trading Company (ATC) BV, Avicentra NV, Borgstein Birds and Zoofood Trading vof, Bird Trading Company Van der Stappen BV, New Little Bird’s srl, Vogelhuis Kloeg and Mr Pistone Giovanni as a result of the adoption and implementation by the European Commission of: (i) Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds; (ii) Commission Decision 2005/862/EC of 30 November 20
- Action brought on 17 August 2010 — ATC and Others v Commission (Case T-333/10) Notice · Grade B
order the European Union and/or the European Commission to pay compensation in respect of the harm which the applicants have suffered as a result of the adoption of Decision 2005/760/EC, and/or the extension thereof by way of Decision 2005/862/EC, and/or Decision 2006/79/EC, and/or Decision 2006/405/EC, and/or Decision 2006/522/EC, and/or Decision 2007/21/EC, and/or Decision 2007/183/EC, and/or the adoption of Regulation (EC) No 318/2007;
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
By Decision 2006/79/EC of 31 January 2006 amending Decisions 2005/759/EC and 2005/760 as regards an extension of their period of application (OJ 2006 L 36, p. 48), the Commission extended the measures adopted by Decision 2005/760 until 31 May 2006.
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
In recital 3 of Decision 2006/79, the Commission put forward its reasons for extending the two decisions in question, stating that since new cases of avian influenza had been reported in certain member countries of the OIE, it was appropriate to continue the restrictions concerning the movements of pet birds and imports of other birds from certain areas at risk.
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
By letter of 16 February 2006, the Commission replied to the letters referred to in paragraph 23 above. In that reply, the Commission explained that an increasingly significant body of fresh evidence showed that wild birds might play a major role in spreading HPAI and that the first case of the Asian strain of HPAI detected in Europe at a quarantine centre, in October 2005, had led the Commission to suspend all imports of birds other than poultry. Furthermore, it indicated that the suspension had been extended until 31 May 2006 by Decision 2006/79 in view of the outbreak of the disease in Turk
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
First, the ground relied on in support of the adoption of Decision 2005/760 was vitiated by error, as the truth is that the mesia bird infected with HPAI which was detected at the quarantine centre in Essex came from Taiwan and not Surinam. That error, which the Commission became aware of when the DEFRA report was published on 11 November 2005 (see paragraph 23 above), could no longer be used in support of the extension decisions. Second, by relying on the detection of new cases of HPAI in the European Union, particularly in recital 4 of Decision 2005/862, the Commission overlooked the fact th
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
Recital 2 of Decision 2006/79 states, inter alia, that [f]ollowing the outbreak of avian influenza, caused by a highly pathogenic H5N1 virus strain, in south-eastern Asia starting in December 2003, the Commission adopted several protection measures in relation to avian influenza. In addition, recital 3 of that decision states: Since new cases of avian influenza have been reported in certain member countries of the [OIE], the restrictions concerning the movements of pet birds and imports of other birds from certain areas at risk should be continued. Therefore it is appropriate to extend the app
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
As is clear, besides the reference to the outbreak of avian influenza caused by a highly pathogenic H5N1 virus strain in South-East Asia starting in December 2003, the Commission does not specify the geographic origin of those new cases of avian influenza in the reasons for Decision 2006/79 or in its pleadings. Only the Commission’s letter of 16 February 2006 produced by the applicants — a letter which, moreover, postdates the adoption of Decision 2006/79 — shows that the main reason for the extension decision was the outbreak and rapid spread of the H5N1 virus in Turkey, as well as the fact t
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
However, even if, when adopting Decision 2006/79, the Commission had relied on the information described in the previous paragraph — although the Commission has not established that such information was in its possession or used by it before the adoption of the extension decision at issue, albeit that the information might explain the Commission’s vague assertion referred to in paragraph 113 above — it still failed (a) to elucidate its conclusion that new cases warranted extending the ban on wild bird imports from all countries belonging to the OIE Regional Commissions, and (b) to produce evid
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
It must therefore be concluded that when the Commission adopted Decision 2006/79, it also failed to comply with its duty of diligence and infringed the principle of proportionality in such a way as to render the European Union liable.
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
The lawfulness of Decision 2006/79
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
Orders the European Union to pay compensation for the damage suffered by Animal Trading Company (ATC) BV, Avicentra NV, Borgstein birds and Zoofood Trading vof, Bird Trading Company Van der Stappen BV, New Little Bird’s Srl, Vogelhuis Kloeg and Giovani Pistone as a result of the adoption and implementation by the European Commission of, first, Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds; second, Decision 2005/862/EC of 30 November 2005 amending Decision