Following the outbreak of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures in relation to that disease. Those measures include 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 owners2. Decision 2005/759/EC currently applies until 31 December 2006.

Avian influenza outbreaks caused by the highly pathogenic avian influenza strain H5N1 are still detected on a regular basis in certain member countries of the World Organisation for Animal Health (OIE), including countries not affected before. The disease is therefore not yet contained. Furthermore, human cases and even deaths resulting from close contact with infected birds continue to occur in countries around the globe.

Following a request by the Commission, the EFSA Panel on animal health and welfare (AHAW) adopted during its meeting on 26 and 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. This opinion points to the risks of the spreading of viral diseases such as avian influenza and Newcastle Disease via the import of birds other than poultry and identifies possible tools and options which can reduce any identified animal health risk related to the import of these birds. Furthermore the opinion points out that it is seldom possible to distinguish with certainty between birds ‘caught in the wild’ and‘captive bred’ birds, since methods of marking can be applied to the different types of birds without it being possible to distinguish between them.

These conclusions can also be applied to the movement of pet birds from third countries. In order to guarantee a clear distinction between captive birds caught in the wild for commercial importation and pet birds, movement of live pet birds should continue to be subjected to strict conditions, without distinction in country of origin, in order to ensure the status of the pet birds and to prevent the spreading of those viral diseases. It is therefore appropriate to extend the application of the measure established by Decision 2005/759/EC until 31 December 2007.

Since its coming into force Decision 2005/759/EC has been amended several times. For the sake of clarity of Community legislation, Decision 2005/759/EC should be repealed and replaced by this Decision.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,