WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1893 
12 January 2009  
 (09-0063) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
 
 
 
NOTIFICATION  
 
1. Notifying Member:  UNITED STATES  
If applicable, name of local government involved:    
2. Agency responsible:  Animal and Plant Health Inspection Service (APHIS) of the US 
Department of Agriculture 
3. Products covered (provide tariff item number(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  Animal and animal products 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[   ] All trading partners, or 
[ X ] Specific regions or countries:  Germany and Poland  
5. Title of the notified document:  Notice of Availability of Evaluations of the Highly 
Pathogenic Avian Influenza Subtype H5N1 Status of Germany and Poland (Docket 
No. APHIS-2008-0121)  Language:  English  Number of pages:  2 
6. Description of content:  The Animal and Plant Health Inspection Service is advising the 
public that the Agency has prepared evaluations of the animal health status of Germany and 
Poland relative to the H5N1 subtype of highl y pathogenic avian influenza (HPAI).  The 
evaluations present our evaluation of the HPAI H5N1 detection, control, and eradication 
measures in place in Germany and Poland durin g outbreaks of HPAI in 2006 and 2007, as 
well as our assessment of the present status of Germany and Poland with respect to HPAI subtype H5N1.  We are making these evaluations  available to the public for review and 
comment.  If, after the close of the comment period, APHIS can identify no additional risk factors that would indicate that domestic pou ltry in Germany or Poland continue to be 
affected with HPAI H5N1, we would conclude  that the importation of live birds, poultry 
carcasses, parts of carcasses, and eggs (other than  hatching eggs) of pou ltry, game birds, or 
other birds from the affected regions of Germany and Poland presents a low risk of introducing HPAI H5N1 into the United States. 
7. Objective and rationale:  [   ] food safety, [ X ] animal health, [   ] plant protection, [  
 ] protect humans from animal/plant pest or disease, [   ] protect territory from other damage from pests.    G/SPS/N/USA/1893 
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  8. Is there a relevant international stan dard?  If so, identify the standard:  
[   ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)    
[   ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)     
[   ] International Plant Protection Convention (e.g.  ISPM N°)     
[ X ] None Does this proposed regulation conform to the relevant international standard?   
 [   ] Yes   [ X ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language(s) in which these are available:  Federal 
Register:  2 January 2009 (Volume 74, Number 1), Pages 69-70;  available in English. 
To view online, go to http://www.gpoaccess.gov/fr/advanced.html , select 2009 FR Vol. 74, 
and type "69" in search box (with quotation marks). 
10. Proposed date of adoption (dd/mm/yy) :  Not available 
Propose date of publication ( dd/mm/yy) :  Not available 
11. Proposed date of entry into force:  [   ] Six months from date of publication , and/or  
(dd/mm/yy) :  Not available 
[   ] Trade facilitating measure  
12. Final date for comments: [   ] Sixty days from the date of circulation of the 
notification and/or ( dd/mm/yy ):  2 February 2009.   Comments in general will be accepted 
at any time after publication of the notice of fili ng; however, if a final rule is promulgated, 
it will address only those comments that were re ceived on or before the final date for 
comments. 
Agency or authority designated to handle comments:  [   ] National Notification 
Authority, [   ] National Enquiry Point.  Address, fax number and E-mail address (if available) of other body:    
You may submit comments by either of the following methods: 
• Federal eRulemaking Portal:  Go to http://www.regulations.gov/
 and search on the 
docket number (APHIS–2008-01 21) to submit or view comments and to view 
supporting and related materials available electronically. 
• Postal Mail/Commercial Delivery:  Please send two copies of your comment to Docket 
No. APHIS–2008–0121, Regulatory Analysis and Development, PPD, APHIS, Station 
3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238.  Please state that your comment refers to Docket No. APHIS–2008–0132. 
For further information contact:  Mr. Javier Vargas, Animal Scientist, Regionalization Evaluation Services Staff, National 
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231;  +(1 301) 734 0756.  G/SPS/N/USA/1893 
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  13. Texts available from:  [ X ] National Notification Authority, [   ] National Enquiry 
Point.  Address, fax number and E-mail address (if available) of other body:    
United States SPS National Notification Authority, USDA Foreign Agricultural Service, 
International Regulations and Standards Division (IRSD), Stop 1027, Washington D.C. 
20250;  Tel:  +(1 202) 720 1301;  Fax:  +(1 202) 720 0433;  E-mail:  
us.spsenquirypoint@fas.usda.gov