Commission Decision of 23 March 2007 amending Decision 2005/760/EC concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (notified under document number C(2007) 1259) (Text with EEA relevance) (2007/183/EC)
Grade B
mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.
Address https://gelex.eu/eli/EU/decision/2007/183@2007-03-23/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,
Whereas:
(1) Following outbreaks of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures. Those measures included, in particular, 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. That Decision currently applies until 31 March 2007.
(2) Commission Decision 2000/666/EC of 16 October 2000 laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine lays down the animal health requirements relating to imports of certain birds, other than poultry, as specified in that Decision, and the quarantine requirements for such birds.
(3) The European Food Safety Authority (EFSA) Panel on animal health and welfare (AHAW) adopted on 27 October 2006 a Scientific Opinion on the animal health and welfare risks associated with the import of wild birds, other than poultry, into the Community (the Opinion). The Opinion has identified a number of areas where changes in Community animal health conditions for imports of those birds would significantly reduce any identified health risk related to such imports. Based on the Opinion, the animal health conditions for such imports have been reviewed and Decision 2000/666/EC has been repealed and replaced by Commission Regulation (EC) No 318/2007.
(4) As the new animal health conditions provided for in Regulation (EC) No 318/2007 are stricter than those currently in force, that Regulation will not enter into force until 1 July 2007 in order to give Member States and the third countries exporting such birds to the Community time to adapt to the new measures.
(5) In the light of the Opinion and the current world animal health situation regarding avian influenza, imports of such birds without stringent import requirements should not take place.
(6) The protective measures provided for in Decision 2005/760/EC should therefore continue to apply until 30 June 2007. Accordingly, the date of application of that Decision should be amended.
(7) Decision 2005/760/EC should therefore be amended accordingly.
(8) 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 6 of Decision 2005/760/EC, 31 March 2007 is replaced by 30 June 2007.
Article 2
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 3
This Decision is addressed to the Member States.
Done at Brussels, 23 March 2007. 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
- Judgment of the General Court (Eighth Chamber) 17 March 2016 Judgment · Grade B
The measures adopted in Decision 2005/760 were amended and extended until 30 June 2007 by various Commission decisions, the last extension being laid down in Decision 2007/183/EC of 23 March 2007 amending Decision 2005/760 (OJ 2007 L 84, p. 44).
- 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 2007/183/EC of 23 March 2007 amending Decision 2005/760 (OJ 2007 L 84, p. 44), the Commission extended the measures adopted by Decision 2005/760 until 30 June 2007. In recitals 4 to 6 of Decision 2007/183, the Commission put forward its reasons for the extension, pointing out, first, that as the new animal health conditions provided for in Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (OJ 2007 L 84, p. 7) were stricter than those in force at that time, the regul
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
Recital 3 of Decision 2007/183 refers to the second EFSA opinion and recital 4 thereof refers to Regulation No 318/2007, which provided for new animal health conditions that were stricter than those currently in force and were scheduled to enter into force on 1 July 2007. Recitals 5 and 6 of that decision state that [i]n the light of the [second EFSA opinion] and the current world animal health situation regarding avian influenza, imports of such birds without stringent import requirements should not take place, so that [t]he protective measures provided for in Decision 2005/760… should theref
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
The reasons referred to in the previous paragraph show that, when Decision 2007/183 was adopted, the Commission plainly failed to put an end to the illegal acts committed from the adoption of Decision 2005/760 onwards: the particularly vague grounds justifying the extension of the suspension of wild bird imports from the whole world continued to be the second EFSA opinion, the current world animal health situation and the planned entry into force of Regulation No 318/2007 allegedly establishing stricter animal health conditions. The Commission has not demonstrated whether and to what extent th
- Judgment of the General Court (First Chamber) 16 September 2013 Judgment · Grade B
The lawfulness of Decision 2007/183
- 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