1.Member States shall authorise the movement from third countries of live pet birds solely where the consignment consists of not more than five birds and:
(a)the birds come from an OIE member country falling within the competence of a Regional Commission listed in Part A of Annex I, or
(b)the birds come from an OIE member country falling within the competence of a Regional Commission listed in Part B of Annex I on condition that the birds:
[F1have undergone isolation for 30 days prior to export at the place of departure in a third country listed in Part 1 of Annex I or Part 1 of Annex II to Commission Regulation (EU) No 206/2010 (1) , or]
[F2undergo quarantine for 30 days after import into the Member State of destination on premises approved in accordance with the first paragraph of Article 6 of Commission Implementing Regulation (EU) No 139/2013 (2) , or
have, within the last six months and not later than 60 days prior to dispatch from the third country, been vaccinated, and on at least one occasion they have been revaccinated, against avian influenza of the H5 and H7 subtypes; the vaccine(s) used must have been approved for the species concerned in accordance with the manufacturer's instructions, or
have been in isolation for at least 10 days prior to export and have undergone a test to detect the avian influenza H5 and H7 antigen or genome as laid down in the Chapter on avian influenza of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, as regularly updated by the OIE, carried out on a sample taken not earlier than the third day of isolation, and]
[F3are moved to a household or another residence within the Union and they must not be permitted to enter shows, fairs, exhibitions or other gatherings of birds during the period of 30 days following their entry into the Union, with the exception of movements to an approved facility for quarantine following their importation into the Union as referred to in (ii).]
2.Compliance with the conditions in paragraph 1 shall be certified by an official veterinarian, in the case of the conditions provided for in paragraph 1(b)(ii) based on owner’s declaration, in the third country of dispatch in accordance with the model certificate provided for in Annex II.
3.The veterinary certificate shall be complemented by a declaration of the owner or the representative of the owner in accordance with Annex III.
Textual Amendments
F1 Substituted by Commission Decision of 30 November 2010 amending Decisions 2005/692/EC, 2005/734/EC, 2006/415/EC, 2007/25/EC and 2009/494/EC as regards avian influenza (notified under document C(2010) 8282) (Text with EEA relevance) (2010/734/EU).
F2 Substituted by Commission Implementing Decision (EU) 2017/2410 of 20 December 2017 amending Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU concerning certain protection measures in relation to highly pathogenic avian influenza (notified under document C(2017) 8969) (Text with EEA relevance).
F3 Inserted by Commission Implementing Decision (EU) 2017/2410 of 20 December 2017 amending Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU concerning certain protection measures in relation to highly pathogenic avian influenza (notified under document C(2017) 8969) (Text with EEA relevance).
1.Member States shall take the measures necessary to ensure that pet birds moved into Community territory from a third country are subject to documentary and identity checks by the competent authorities at the traveller’s point of entry into Community territory.
2.Member States shall designate the authorities referred to in paragraph 1 which is responsible for such checks and immediately inform the Commission thereof.
3.Each Member State shall draw up a list of points of entry as referred to in paragraph 1 and forward it to the other Member States and to the Commission.
[F24. Where such checks reveal that the animals do not meet the requirements laid down in this Decision, Article 35 of Regulation (EU) No 576/2013 of the European Parliament and of the Council (3) shall apply.]
Textual Amendments
F2 Substituted by Commission Implementing Decision (EU) 2017/2410 of 20 December 2017 amending Decisions 2006/415/EC and 2007/25/EC and Implementing Decision 2013/657/EU concerning certain protection measures in relation to highly pathogenic avian influenza (notified under document C(2017) 8969) (Text with EEA relevance).
This Decision shall not apply to the movement onto Community territory of birds accompanying their owners from Andorra, [F4Croatia,] the Faeroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.
Textual Amendments
F4 Deleted by Commission Regulation (EU) No 519/2013 of 21 February 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia.
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
Decision 2005/759/EC is repealed.
This Decision shall apply until [F531 December 2019].
Textual Amendments
F5 Substituted by Commission Implementing Decision (EU) 2018/1687 of 7 November 2018 amending Decision 2007/25/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community, as regards its period of application (notified under document C(2018) 7240) (Text with EEA relevance).
This Decision is addressed to the Member States.