2001D0751 — EN — 22.11.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of16October2001
laying down animal health conditions and veterinary certification for imports of live ratites and
hatching eggs thereof from third countries including animal health measures to be applied aftersuchimportation, amending Commission Decision 95/233/EC drawing upa list of third countriesfromwhichtheMemberStatesauthoriseimportsoflivepoultryandhatchingeggsandamending
Commission Decision 96/659/EC on protective measures in relation to Crimean Congo haemor-
rhagicfever
(notified under document number C(2001) 3074)
(TextwithEEArelevance)
(2001/751/EC)
(OJ L 281, 25.10.2001, p. 24)
Amended by:
Official Journal
No page date
►M1Commission Decision 2002/789/EC of 10 October 2002 L 274 36 11.10.2002
►M2Commission Decision 2003/810/EC of 17 November 2003 L 305 11 22.11.2003
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COMMISSIONDECISION
of16October 2001
laying down animal health conditions and veterinary certification
for imports of live ratites and hatching eggs thereof from thirdcountries including animal health measures to be applied aftersuch importation, amending Commission Decision 95/233/EC
drawingupalistofthirdcountriesfromwhichtheMemberStates
authorise imports of live poultry and hatching eggs and amendingCommissionDecision96/659/EConprotective measuresinrelation
toCrimeanCongohaemorrhagic fever
(notified under document number C(2001) 3074)
(TextwithEEArelevance)
(2001/751/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on
animal health conditions governing intra-Community trade in, and
imports from third countries of poultry and hatching eggs(1), as last
amended by Decision 2000/505/EC (2), and in particular Articles
21(1), 23(1), 24(2), 26(2) and 27a 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 and amending Directives 89/662/EEC,
90/425/EEC and 90/675/EEC (3), as last amended by the Act of Acces-
sion of Austria, Finland and Sweden, and in particular Article 10thereof,
Whereas:
(1)Commission Decision 96/482/EC (4) established animal health
conditions and veterinary certificates for the importation of
poultry and hatching eggs thereof from third countries, excluding
ratites and hatching eggs thereof due to the biological differ-ences between these birds and other poultry species.
(2)Based on the opinion of the Scientific Veterinary Committee andon the information provided by the exporting countriesconcerned, import conditions for ratites and hatching eggsthereof can now be laid down.
(3)Council Regulation (EEC) No 2782/75 of 29 October 1975 onthe production and marketing of eggs for hatching and of farm-yard poultry chicks (
5) lays down the requirements for marking
of hatching eggs and its implementing Commission Regulation
(EEC) No 1868/77(6) laying down detailed rules of application
in particular concerning marking of hatching eggs and therequirements withrespect to identification, sh all apply tohatching eggs of ratites.
(4)Commission Decision 96/659/EC of 22 November 1996concerning protective measures in relation to Crimean Congohaemorrhagic fever (
7), as last amended by Decision 97/183/
EC (8), prohibits Member States importing ratites from Asia or
Africa, unless extra guarantees are provided in relation toCrimean Congo haemorrhagic fever; with a view to ensure a2001D0751 — EN — 22.11.2003 — 002.001 — 2
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.
(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
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consistent implementation, its requirements should be integrated
into this Decision.
(5)In order to avoid repetition of requirements in different legalacts, Decision 96/659/EC should be amended insofar as toexclude ratites covered by this present Decision from the scope
of Decision 96/659/EC.
(6)For reasons of consistency Decision 96/659/EC should also be
amended withregard to ratite meat insofar as to exclude ratite
meat covered by Commission Decision 2000/609/EC (1), as last
amended by Decision 2000/782/EC (2).
(7)According to Decision 96/659/EC, on arrival in the Community
live ratites originating from countries in Asia or Africa shall be
treated for ecto-parasites; according to Article 15(4)(b) of Direc-tive 90/539/EEC, slaughter poultry must also be conveyedwithout delay to the slaughterhouse of destination; the healthrisk related to treatment and the time delay related to testing
therefore prevents the import of ratites for slaughter from coun-
tries in Asia or Africa.
(8)Council Directive 91/628/EEC of 19 November 1991 on the
protection of animals during transport and amending Directives
90/425/EEC and 91/496/EEC (3), as last amended by Directive
95/29/EC (4), must be taken into consideration when establishing
the certification conditions for live ratites from third countries.
(9)A list of third countries allowed to use the certificates forimports of live ratites must be established to achieve completeharmonisation of the conditions for import of live ratites; giventhe guarantees provided, this list should include, inter alia ,
Tunisia.
(10)This list must be based on the principal list of third countries
from which Member States authorise imports of live poultry
and hatching eggs as it is drawn up by Commission Decision
95/233/EC (5), as last amended by Decision 96/619/EC (6).
(11)Tunisia is, up to now, not included in the principal list drawn upby Decision 95/233/EC; this country, however, has not given thenecessary guarantees to be included in that list and Decision 95/233/EC must be amended accordingly.
(12)To use the certificates for live ratites the countries or partsthereof must have given sufficient guarantees to be consideredas free from avian influenza and Newcastle disease accordingto Commission Decision 93/342/EEC (
7), as last amended by
Decision 94/438/EC (8), or apply measures to control them which
are at least equivalent to those laid down in Council Directive
92/66/EEC (9), as last amended by the Act of Accession of
Austria, Finland and Sweden, or offer animal health guarantees,which are at least equivalent to those offered by Chapter II ofDirective 90/539/EEC.
(13)The countries or parts thereof appearing on the list to use thecertificates for live ratites have given the necessary guaranteeslisted above.
(14)The Czech Republic, Israel and Switzerland apply measures tocontrol Newcastle disease, which are at least equivalent to thoselaid down in Directive 92/66/EEC.2001D0751 — EN — 22.11.2003 — 002.001 — 3
(1) OJ L 258, 12.10.2000, p. 49.
(2) OJ L 309, 9.12.2000, p. 37.
(3) OJ L 340, 11.12.1991, p. 17.
(4) OJ L 148, 30.6.1995, p. 52.
(5) OJ L 156, 7.7.1995, p. 76.
(6) OJ L 276, 29.10.1996, p. 18.
(7) OJ L 137, 8.6.1993, p. 24.
(8) OJ L 181, 15.7.1994, p. 35.
(9) OJ L 260, 5.9.1992, p. 1.
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(15)Namibia and South Africa have given the necessary guarantees
to control Newcastle disease by offering animal health guaran-
tees at least equivalent to those offered by Chapter II ofDirective 90/539/EEC so that imports of live ratites other thanthose for slaughter can be allowed under the conditions laiddown in the corresponding certificates in this Decision, and thesecountries have submitted to the Commission a satisfactory,
statistically based sampling plan for surveillance for Newcastle
disease on holdings from which farmed ratites will be sent forexport to the EC.
(16)The measures provided for in this Decision are in accordance
with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The provisions of this Decision shall apply to imports of ratites and
hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of
Directive 90/539/EEC.
Article 2
1. Member States shall authorise imports of:
(a) ratites for breeding and production, conforming to the requirements
laid down in one of the model animal health certificates set out asModel A and as Model B in Annex II;
(b) hatching eggs of ratites, conforming to the requirements laid down
in one of the model animal health certificates set out as Model Cand as Model D in Annex II;
(c) day-old chicks of ratites, conforming to the requirements laid down
in one of the model animal health certificates set out as Model E
and as Model F in Annex II;
(d) slaughter ratites, conforming to the requirements laid down in the
model animal health certificates set out as Model G and as Model
H in Annex II,
provided that the ratites or hatching eggs come from third countries or
parts thereof listed in the appropriate column of Annex I, that they
meet the requirements of the corresponding health certificate set outin Annex II and are accompanied by the relevant certificate, dulycompleted and signed.
2. Ratites for breeding and production, hatching eggs and day-old
chicks of ratites must come from establishments which have beenapproved by the competent authority of the third country concerned
according to requirements which are at least equivalent to those laid
down in Annex II to Directive 90/539/EEC, where the approval ofthose establishments has not been suspended or withdrawn.
3. Member States shall authorise the importation of:
(a) live ratites only when they are identified with neck-tags and/or
microchips which must include the ISO code of the country oforigin; microchips must be in accordance with ISO standards;
(b) hatching eggs of ratites only when they are marked with a stamp
indicating the ISO code of the country and the approval numberof the establishment. Furthermore after the import control theconsignment must be transported directly to its final destination.Such marking shall be in conformity with the general requirementsfor marketing of eggs laid down in Article 6 of Regulation (EEC)
No 2782/75, as last amended and its implementing Regulation
(EEC) No 1868/77;
(c) hatching eggs and day-old chicks of ratites, only when their packa-
ging is marked indicating the ISO code of the country, the approvalnumber of the establishment and when their packaging bears the2001D0751 — EN — 22.11.2003 — 002.001 — 4
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information clearly visible and readable indicating that the consign-
ment contains this specific product.
Article 3
1. After importation, breeding or productive ratites or day-old chicks
of ratites shall be kept in isolation on the holding(s) of destination
either for a period of at least six weeks from the day of arrival or untilthe day of slaughter if they are slaughtered before the six weeks haveelapsed.
2. After their importation as hatching eggs, the ratites hatched from
those eggs shall be kept in isolation for a period of at least three weeksfrom the day of hatching in the hatchery or in the holding(s) to whichthey have been sent after hatching.
3. During the periods mentioned in paragraphs 1 and 2 as relevant
and during the hatching of the eggs, the imported ratites or eggs andthe ratites hatched from such eggs shall be kept separately from non-
imported ones and from other poultry. Therefore, the ratites shall be
kept in houses where no other ratite or other poultry flocks are presentand the eggs must be hatched in separate incubators and hatchers.
4. By way of derogation from paragraph3, Member States may
authorise imported ratites or eggs to be added to ratites or other poultryor eggs respectively which are already present in the housing or incu-bator/hatcher. In that event, the periods specified in paragraphs 1 and 2as relevant start from the introduction of the last imported bird or eggrespectively and none of the birds shall leave the housing before the
end of this period.
5. If the ratites come from countries in Asia or Africa on arrival in
the Community they shall be treated to ensure that all ecto-parasites on
them are destroyed. Fourteen days following the treatment each and
every ratite shall be subjected to the competitive ELISA test for anti-bodies to Crimean Congo haemorrhagic fever. Each ratite giving apositive result to the test shall be destroyed. Every contact bird shallbe retested by ELISA 21 days after the original sampling and if any
of those birds give a positive result the whole contact group shall be
destroyed.
6. If the ratites or hatching eggs from which chicks are hatched
originate from a country considered infected withNewcastle disease,
(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant
must be checked and agreed by the competent authority before the
isolation period begins;
(b) during the time periods referred to in paragraph 1 and 2 as relevant,
a virus isolation test for Newcastle disease shall be carried out fromeither cloacal swabs or faeces samples from each bird;
(c) if the ratites are destined for a Member State or region from which
the status has been established in accordance with Article 12(2) ofDirective 90/539/EEC, in addition to the virus isolation test a sero-
logical test shall be carried out on each bird;
(d) negative results of the test must be available before any bird is
released from isolation.
7. The ratites must undergo a clinical examination by an official
veterinarian and where necessary samples must be taken to monitor
their state of health, at least at the end of the periods specified in para-graphs 1 and 2 as relevant.
8. The periods mentioned in paragraph 1 and 2 as relevant shall be
extended in the case of suspicion of avian influenza, Newcastle diseaseor Crimean Congo haemorrhagic fever until the suspicion has beenruled out.
Article 4
If the ratites, the hatching eggs and day old chicks and/or their flocks
of origin are to be submitted to testing according to the requirements of2001D0751 — EN — 22.11.2003 — 002.001 — 5
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the certificates laid down in Annex II, the sampling for testing and the
testing itself must be executed according to the protocols laid down inDecision 92/340/EEC, if applicable.
Article 5
Article 1 of Decision 96/659/EC is replaced by the following Article:
‘Article 1
The Member States shall prohibit the importation of live ratites
other than those covered by Decision 2001/751/EC from countriesin Africa and Asia and the importation of ratite meat other than thatcovered by Decision 2000/609/EC from countries in Africa and
Asia.’
Article 6
In Annex I and in Annex II of Decision 95/233/EC the following new
line is inserted in accordance with the alphabetic order of the ISO
code:
‘TN Tunisia x ’
Article 7
This Decision shall apply for consignments certified as from 1 January
2002.
Article 8
This Decision is addressed to all Member States.2001D0751 — EN — 22.11.2003 — 002.001 — 6
ANNEX I
List of third countries or parts of third countries, which are allowed to export live ratites or hatching eggs
thereoftotheCommunity
ISO code Country Parts of the territoryBreeding and production
ratitesHatching eggs of ratites Day-old-chicks of ratites Slaughter ratites
AU Australia BDF—
BW Botswana BDF—
BR-1 Brazil The States of Rio Grande do Sul, Santa
Catarina, Paraná, São Paulo and Mato
Grosso do Sul.ACEG
CA Canada ACEG
CH Switzerland ACEG
CL Chile ACEG
CY Cyprus ACEG
CZ CzechRepublic ACEG
HR Croatia ACEG
HU Hungary ACEG
IL Israel ACE—
NA Namibia BDF—
NZ New Zealand ACEG
PL Poland ACEG
RO Romania ACEG
SI Slovenia ACEG
SK Slovak Republic ACEG
TN Tunisia ACE—
US United States of America A C E G
ZA SouthAfrica BDF—▼M22001D0751 — EN — 22.11.2003 — 002.001 — 7
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ANNEX II
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