1990L0539 — EN — 20.01.1994 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 15October 1990
on animal health conditions governing intra-Community trade in, and imports from third countries
of, poultry and hatching eggs
(90/539/EEC)
(OJ L 303, 31.10.1990, p. 6)
Amended by:
Official Journal
No page date
►M1Council Directive 91/494/EEC of 26 June 1991 L 268 35 24.9.1991
►M2Council Directive 91/496/EEC of 15 July 1991 L 268 56 24.9.1991
►M3Commission Decision 92/369/EEC of 24 June 1992 L 195 25 14.7.1992
►M4Council Directive 92/65/EEC of 13 July 1992 L 268 54 14.9.1992
►M5Council Directive 93/120/EC of 22 December 1993 L 340 35 31.12.1993
▼B
COUNCIL DIRECTIVE
of 15October 1990
on animal health conditions governing intra-Community trade in,
and imports from third countries of, poultry and hatching eggs
(90/539/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas poultry, being live animals, and hatching eggs, being animal
products, are included in the list of products in Annex II to the Treaty;
Whereas, in order to ensure the rational development of poultry
production, thereby increasing productivity in that sector, certain animalhealth rules governing intra-Community trade in poultry and hatching
eggs must be laid down at Community level;
Whereas the breeding and rearing of poultry is included in the farming
sector; whereas it constitutes a source of income for part of the farming
population;
Whereas disparities as regards animal health conditions in the Member
States should be eliminated in order to encourage intra-Community trade
in poultry and hatching eggs, thus contributing to the completion of theinternal market;
Whereas, in order to encourage the harmonious development of intra-
Community trade, a Community system should be laid down to governimport from third countries;
Whereas the provisions of this Directive should not, in principle, apply
to specific trade such as exhibitions, shows and contests;
Whereas this Directive should cover trade in quails, pigeons, ducks,
pheasants and partridges reared for breeding or consumption;
Whereas, in view of the nature of modern poultry farming, the best way
to promote the harmonious development of intra-Community trade inpoultry and hatching eggs is to monitor production establishments;
Whereas it should be left to the competent authorities of the Member
States to approve establishment which satisfy the conditions laid downin this Directive and to ensure that the conditions are applied;
Whereas Council Regulation (EEC) No 2782/75 of 29 October 1975 on
the production and marketing of eggs for hatching and of farmyardpoultry chicks(
4), as last amended by Regulation (EEC) No 3987/87(5),
provides for the granting of a distinguishing registration number to each
production establishment and for the marking of hatching eggs; whereas
Commission Regulation (EEC) No 1868/77(6), as last amended by
Regulation (EEC) No 1351/87(7), lays down detailed rules for the
application of the said Regulation; whereas, for practical reasons, thesame criteria for identifying production establishments and markinghatching eggs should be adopted for the purposes of this Directive;1990L0539 — EN — 20.01.1994 — 005.001 — 2
(1) OJ No C 89, 10. 4. 1989, p. 1.
(2) OJ No C 260, 15. 10. 1990.
(3) OJ No C 194, 31. 7. 1989, p. 11.
(4) OJ No L 282, 1. 11. 1975, p. 100.
(5) OJ No L 376, 31. 12. 1987, p. 20.
(6) OJ No L 209, 17. 8. 1977, p. 1.
(7) OJ No L 127, 16. 5. 1987, p. 18.
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Whereas, in order to be the subject of intra-Community trade, poultry
and hatching eggs must satisfy certain animal health requirements, so asto avoid the spread of contagious diseases;
Whereas, however, it is appropriate to postpone laying down the control
rules applicable to combating avian influenza and Newcastle disease;
Whereas transport conditions should be laid down for the same reason;Whereas provision should be made for allowing the Commission to
approve certain additional requirements in the light of the progress made
by a Member State in eradicating certain poultry diseases, provided that
those requirements in no case exceed those applied nationally by theMember State concerned; whereas, in this context, it could provedesirable to determine the status of the Member States or regions thereofwith regard to certain diseases likely to affect poultry;
Whereas, although intra-Community trade transactions in very small
quantities cannot, for practical reasons, be subject to all the Communityrequirements, certain essential rules should be complied with;
Whereas, to ensure that the prescribed requirements are satisfied,
provision must be made for the issue by an official veterinarian of ahealth certificate to accompany the poultry and hatching eggs to their
destination;
Whereas, in respect of the organization of, and the follow-up to, the
checks to be carried out by the Member State of destination and thesafeguard measures to be implemented, reference should be made to thegeneral rules laid down in 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 thecompletion of the internal market(
1);
Whereas provision should be made for checks to be carried out by the
Commission in cooperation with the competent authorities of MemberStates;
Whereas defining Community arrangements applicable to imports from
third countries requires a list to be drawn up of third countries or parts ofthird countries from which poultry and hatching eggs may be imported;
Whereas the choice of these countries must be based on criteria of a
general nature such as the state of health of the poultry and other
livestock, the organization and powers of the veterinary services and the
health regulations in force;
Whereas, in addition, importation of poultry and hatching eggs should
not be authorized from countries which are infected with contagiouspoultry diseases presenting a risk to Community livestock or which havebeen free from such diseases for too short a period;
Whereas the general conditions applicable to importation from third
countries must be supplemented by special conditions drawn up on thebasis of the health situation in each of them; whereas, owing to thetechnical nature and the diversity of the criteria on which these specialconditions depend, recourse must be had, in order to define them, to the
Standing Veterinary Committee;
Whereas the presentation of a standard form of certificate upon
importation of poultry and hatching eggs constitutes an effective meansof verifying that the Community rules are being applied; whereas suchrules may include special provisions which may vary according to thethird country concerned; whereas this must be taken into account in
drawing up the standard forms of certificate;
Whereas Commission veterinary experts should be responsible for
verifying that the rules are observed in third countries;
Whereas the checks carried out upon importation must cover the origin
and the state of health of the poultry and hatching eggs;1990L0539 — EN — 20.01.1994 — 005.001 — 3
(1) OJ No L 224, 18. 8. 1990, p. 29.
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Whereas Member States must be allowed, on the arrival of poultry and
hatching eggs in the territory of the Community and during transit totheir place of destination, to take all measures, including slaughter and
disposal, required for the purpose of safeguarding publicand animal
health;
Whereas the rules and general principles governing checks on poultry
and hatching eggs will be determined later as part of the measures to betaken to bring about the internal market;
Whereas every Member State must have the right to place an immediate
prohibition on imports from a third country when such imports may bedangerous for human and animal health; whereas, in such a case,coordination of the attitudes of the Member States with regard to thatthird country must be ensured without delay, without prejudice to
possible amendments to the list of countries authorized to export to the
Community;
Whereas the constant development of poultry-rearing techniques means
that periodic changes in the methods of poultry-disease control will haveto be made;
Whereas the provisions of this Directive should be revised in connection
with the completion of the internal market;
Whereas provision should be made for a procedure establishing close
cooperation between the Member States and the Commission within theStanding Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
1. This Directive lays down animal health conditions governing intra-
Community trade in, and imports from third countries of, poultry andhatching eggs.
2. This Directive shall not apply to poultry for exhibitions, show or
contests.
Article 2
For the purposes of this Directive ‘official veterinarian’and ‘third
country’ shall mean the official veterinarian and third country referred toin Directive 72/462/EEC.
In addition:
1. ‘poultry’ shall mean fowl, turkeys, guinea fowl, ducks, geese,
quails, pigeons, pheasants, partridges ►
M4and ratites(Ratitae) ◄
reared or kept in captivity for breeding, the production of meat oreggs for consumption, or for re-stocking supplies of game;
2. ‘hatching eggs’ shall mean eggs for incubation, laid by poultry as
defined in 1;
3. ‘day-old chicks’ shall mean all poultry less than 72 hours old, not
yet fed; however, muscovy ducks (Cairina moschata) or their
crosses may be fed;
4. ‘breeding poultry’ shall mean poultry 72 hours old or more,
intended for the production of hatching eggs;
5. ‘productive poultry’ shall mean poultry 72 hours old or more, reared
for the production of meat and/or eggs for consumption (or forrestocking supplies of game);1990L0539 — EN — 20.01.1994 — 005.001 — 4
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6. ‘slaughter poultry’ shall mean poultry sent direct to a slaughterhouse
for slaughter as soon as possible after arrival, and in any case within72 hours;
7. ‘flock’ shall mean all poultry of the same health status kept on the
same premises or in the same enclosure and constituting a single
epidemiological unit. In housed poultry this will include all birds
sharing the same airspace;
8. ‘holding’ shall mean a facility — which may include an establish-
ment — used for the rearing or keeping of breeding or productive
poultry;
9. ‘establishment’ shall mean a facility or part of a facility which
occupies a single site and is devoted to the following activities:
(a) pedigree breeding establishment: an establishment which
produces hatching eggs for the production of breeding poultry;
(b) breeding establishment: an establishment which produces
hatching eggs for the production of productive poultry:
(c) rearing establishment:
(i) either a breeding poultry rearing establishment which is an
establishment which rears breeding poultry prior to the
reproductive stage;
or
(ii) a productive poultry rearing establishment which is an
establishment which rears egg-laying productive poultryprior to the laying stage;
(d) hatchery: an establishment which incubates and hatches eggs
and supplies day-old chicks:
10. ‘authorized veterinarian’ shall mean a veterinarian instructed by the
competent veterinary authority, under its responsibility, to carry outthe checks provided for in this Directive in a particular establish-ment;
11. ‘approved laboratory’ shall mean a laboratory located in the territory
of a Member State, approved by the competent veterinary authority,
under its responsibility, for the purpose of carrying out the
diagnostictests provided for in this Direc tive;
12. ‘health inspection’ shall mean a visit by the official veterinarian or
authorized veterinarian for the purpose of inspecting the healthstatus of all the poultry in an establishment;
13. ‘compulsorily notifiable diseases’ shall mean the diseases listed in
Annex V;
14. ‘outbreak site’ shall mean a site as defined in Directive 82/894/EEC;
16. ‘quarantine station’ shall mean facilities where the poultry is kept in
complete isolation and away from direct or indirect contact with
other poultry, so as to permit long-term observation and testing forthe diseases listed in Annex V;
17. ‘sanitary slaughter’ shall mean the destruction, subject to all the
necessary health safeguards including disinfection, of all poultry andproducts at the outbreak site which are infected or suspected ofbeing contaminated.1990L0539 — EN — 20.01.1994 — 005.001 — 5
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CHAPTER II
Rules for intra-Community trade
Article 3
1. Member States shall submit to the Commission by 1 July 1991 a
plan describing the national measures which they intend to implement toensure compliance with the rules set out in Annex II for the approval ofestablishments for the purposes of intra-Community trade in poultry andhatching eggs.
2. The Commission shall examine the plans. In accordance with the
procedure laid down in Article 32, the plans may be approved, oramendments or additions made, before approval is given.
3. In accordance with the procedure referred to in paragraph 2,
amendments or additions to a plan which has been approved inaccordance with the said paragraph may be:
— approved at the request of the Member State concerned, in order to
take account of a change in the situation in that Member State, or
— requested, in order to take account of progress in methods of disease
prevention and control.
Article 4
Each Member State shall designate a national reference laboratory to be
responsible for coordinating the diagnostic methods provided for in thisDirective and their use by the approved laboratories located in its
territory. These reference laboratories are listed in Annex I.
Article 5
In order to be traded in the Community:
(a) hatching eggs, day-old chicks, breeding poultry and productive
poultry must satisfy the conditions laid down in Articles 6, 12, 15and 17. They must also satisfy any conditions laid down pursuant toArticles 13 and 14.
In addition:— hatching eggs must satisfy the conditions laid down in Article 7,
— day-old chicks must satisfy the conditions laid down in Article 8,
— breeding poultry and productive poultry must satisfy the
conditions laid down in Article 9;
(b) Slaughter poultry must fulfil the conditions set out in Articles 10, 12,
15 and 17 and those laid down pursuant to Articles 13 and 14;
(c) Poultry (including day-old chicks) intended for restocking supplies
of game must fulfil the conditions set out in Articles 10a, 12, 15 and
17 and those laid down pursuant to Articles 13 and 14.
Article 6
Hatching eggs, day-old chicks, breeding poultry and productive poultry
must come from:
1. establishments which fulfil the following requirements:
(a) they must be approved and given a distinguishing number by the
competent authority, in accordance with the rules set out inChapter I of Annex II;
(b) they must not, at the time of consignment, be the subject of any
animal health restrictions applicable to poultry;
(c) they must not be located in an area which for animal health
reasons is subject to restrictive measures in accordance withCommunity legislation as a result of the outbreak of a disease towhich poultry is susceptible;1990L0539 — EN — 20.01.1994 — 005.001 — 6
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2. a flock which at the time of consignment presents no clinical sign or
suspicion of contagious poultry disease.
Article 7
At the time of consignment, hatching eggs must:1. come from flocks which:
— have been held for more than six weeks in one or more
Community establishments as defined in Article 6 (1)(a),
— if vaccinated, have been vaccinated in accordance with the
vaccination conditions in Annex III;
— have either undergone an animal health examination carried
out by an official veterinarian or an authorized veterinarianduring the 72 hours preceding consignment and, at the time ofthe examination, have shown no clinical sign or suspicion ofcontagious disease,
— or have had a monthly health inspection visit by an official
veterinarian or an authorized veterinarian, the most recent visithaving been within 31 days of consignment. If this option ischosen there must also be an examination by the officialveterinarian or authorized veterinarian of the records of the
health status of the flock and an evaluation of its current
health status as assessed by up-to-date information supplied bythe person in charge of the flock during the 72 hourspreceding consignment. In a case where records or otherinformation give rise to suspicion of disease, the flocks musthave had an animal health examination by the official
veterinarian or authorized veterinarian that has ruled out the
possibility of contagious poultry disease;
2. be marked in accordance with Commission Regulation (EEC) No
1868/77;
3. have been disinfected in accordance with the instructions of the
official veterinarian.
In addition, if contagious poultry diseases which may be transmitted
through eggs develop in the flock which supplied the hatching eggs
during the period of their incubation, the hatchery involved and the
authority or authorities responsible for the hatchery and the flock oforigin must be notified.
Article 8
Day-old chicks must:
(a) have been hatched from hatching eggs satisfying the requirements of
Articles 6 and 7;
(b) satisfy the vaccination conditions in Annex III, if they have been
vaccinated;
(c) present, at the time of consignment, no suspicion of diseases on the
basis of Annex II, Chapter II, B 2 (g) and (h).
Article 9
At the time of consignment, breeding poultry and productive poultry
must:
(a) have been held since hatching or for more than six weeks in one or
more Community establishments as defined in Article 6 (1) (a);
(b) satisfy the vaccination conditions in Annex II, if they have been
vaccinated;
(c) have been submitted to a health examination by an official
veterinarian or authorized veterinarian during the 48 hours preceding1990L0539 — EN — 20.01.1994 — 005.001 — 7
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consignment and, at the time of the examination, have presented no
clinical sign or suspicion of contagious poultry disease.
Article 10
At the time of the consignment, slaughter poultry must have come from
a holding:
(a) where they have been held since hatching or for more than 21 days;
(b) which is not the subject of any animal health restrictions applicable
to poultry;
(c) where the health examination carried out by the official veterinarian
or authorized veterinarian during the 5 days preceding dispatch onthe flock from which the consignment to be slaughtered is to be
drawn has not revealed within that flock any clinical sign or
suspicion of contagious poultry disease;
(d) which is not located in an area which for animal health reasons is
subject to restrictive measures in accordance with Communitylegislation as a result of the outbreak of a disease to which poultry issusceptible.
Article 10 a
1. At the time of consignment, poultry over 72 hours old intended for
restocking supplies of wild game must have come from a holding:
(a) where it has been held since hatching or for more than 21 days and
where it has not been placed in contact with newly-arrived poultryduring the two weeks preceding consignment;
(b) which is not the subject of any animal health restrictions applicable
to poultry;
(c) where the health examination carried out by the official veterinarian
or authorized veterinarian during the 48 hours preceding dispatch on
the flock from which the consignment is to be drawn has notrevealed within that flock any clinical sign or suspicion ofcontagious poultry disease;
(d) which is not located in an area which for animal health reasons is
subject to prohibition in accordance with Community legislation as a
result of an outbreak of disease to which poultry is susceptible.
2. Articles 6 and 9a shall not apply to the poultry referred to in
paragraph 1.
Article 11
1. The requirement of Articles 5 to 10 and 15 shall not apply to intra-
Community trade in poultry and hatching eggs in respect of consign-ments comprising fewer than 20 units.
2. However, poultry and hatching eggs as referred to in paragraph 1
must, at the time of consignment, have come from flocks which:
— have been held in the Community since hatching or for at least three
months,
— present no clinical signs of a contagious poultry disease at the time
of consignment,
— satisfy the vaccination conditions in Annex III, if they have been
vaccinated,
— are not the subject of any animal health restrictions applicable to
poultry,1990L0539 — EN — 20.01.1994 — 005.001 — 8
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— are not located in an area which for animal health reasons is subject
to restrictive measures in accordance with Community legislation asa result of an outbreak of disease to which poultry is susceptible.
All birds in the consignment must have been found negative in
serological tests for Salmonella pullorum and Salmonella gallinarum
antibodies, in accordance with Annex II, Chapter III, in the month
preceding the consignment. In the case of hatching eggs or day-oldchicks, the flock of origin must be tested serologically for Salmonellapullorum and Salmonella gallinarum in the three months preceding theconsignment at a level which gives 95 % confidence of detectinginfection at 5 % prevalence.
Article 12
1. In the case of consignment of poultry and hatching eggs from
Member States or regions of Member States which vaccinate the poultryreferred to in Article 1 against Newcastle disease to a Member State orregion of a Member State the status of which has been established inaccordance with paragraph 2 below the following rules shall apply:
(a) hatching eggs must come from flocks which are:
— not vaccinated, or
— vaccinated using an inactivated vaccine, or
— vaccinated using a live vaccine, provided that vaccination has
taken place at least 60 days before the collection of the hatchingeggs;
(b) day-old chicks must come from:
— hatching eggs satisfying the conditions in (a),
— a hatchery where working practices ensure that such eggs are
incubated at completely separate times and locations from eggsnot satisfying the conditions in (a);
(c) breeding and productive poultry must:
— not be vaccinated against Newcastle disease, and
— have been isolated for 14 days before consignment, at either a
holding or a quarantine station under the supervision of theofficial veterinarian. In this connection, no fowl at the holding of
origin or quarantine station, as applicable, may have been
vaccinated against Newcastle disease during the 21 dayspreceding consignment and no bird which is not due forconsignment may have entered the holding or the quarantinestation during that time; in addition, no vaccinations may becarried out in the quarantine stations, and
— have undergone, during the 14 days preceding consignment,
representative serological testing to detect Newcastle diseaseantibodies in accordance with detailed rules adopted pursuant to
the procedure laid down in Article 32;
(d) slaughter poultry must come from flocks which:
— if not vaccinated against Newcastle disease, satisfy the require-
ment in the third indent of (c),
— if vaccinated, have not been vaccinated with a live vaccine
during the 30 days preceding consignment and have undergone,
during the 14 days preceding consignment and on the basis of arepresentative sample, a test to isolate the Newcastle diseasevirus complying with detailed rules adopted in accordance withthe procedure laid down in Article 32.
2. If a Member State or a region or regions of a Member State wish to
be established as Newcastle disease non-vaccinating they can present aprogramme as laid down in Article 13 (1).
The Commission shall examine the programmes presented by the
Member States. The programmes may be approved, in compliance withthe criteria referred to in Article 13 (1), in accordance with theprocedure laid down in Article 32. Any additional guarantees, general or1990L0539 — EN — 20.01.1994 — 005.001 — 9
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specific, which may be required in intra-Community trade may be
defined in accordance with the same procedure.
Where a Member State or a region of a Member State considers it has
achieved Newcastle disease non-vaccinating status, an application may
be made to the Commission for Newcastle disease non-vaccinatingstatus to be established in accordance with the procedure laid down inArticle 32.
The elements to be taken into account for determination of a Member
State's or region's status as Newcastle disease non-vaccinating shall be
the data referred to in Article 14 (1) and, in particular, the followingcriteria:
— vaccination against Newcastle disease in the poultry referred to in
Article 1 shall not have been authorized for the preceding 12 months,
except for the compulsory vaccination of racing pigeons referred toin Article 17 (3) of Directive 92/66/EEC,
— breeding flocks shall have been serologically monitored at least once
a year for the presence of Newcastle disease according to thedetailed rules adopted under the procedure laid down in Article 32,
— the holdings shall contain no poultry which has been vaccinated
against Newcastle disease in the previous 12 months, with the
exception of racing pigeons vaccinated pursuant to Article 17 (3) of
Directive 92/66/EEC.
3. The Commission may suspend Newcastle disease non-vaccinating
status in accordance with the procedure laid down in Article 32 in theevent of:
(i) either a serious epizootic of Newcastle disease which is not being
brought under control;
(ii) or the removal of the legislative restrictions prohibiting systematic
recourse to routine vaccination against Newcastle disease.
4. The conditions referred to in paragraph 1 will be reviewed by the
Council acting by a qualified majority on a proposal from the
Commission before legislation harmonizing the use of Newcastledisease vaccines enters into force and not later than 31 December 1994.
Article 13
1. Where a Member State draws up or has drawn up a voluntary or
compulsory control programme for a disease to which poultry are
susceptible, it may present the programme to the Commission, outliningin particular:
— the distribution of the disease in its territory,
— the reasons for the programme, taking into consideration the
importance of the disease and the programme's likely benefit in
relation to its cost,
— the geographical area in which the programme will be implemented,— the status categories to be applied to poultry establishments, the
standards which must be attained in each category, and the testprocedures to be used,
— the programme monitoring procedures,— the action to be taken if, for any reason, an establishment loses its
status,
— the measures to be taken if the results of the tests carried out in
accordance with the provisions of the programme are positive.
2. The Commission shall examine the programmes presented by the
Member States. The programmes may be approved, in compliance with
the criteria referred to in paragraph 1, in accordance with the procedurelaid down in Article 32. Any additional guarantees, general or specific,which may be required in intra-Community trade may be defined inaccordance with the same procedure. Such guarantees must not exceedthose required by the Member State in its own territory.1990L0539 — EN — 20.01.1994 — 005.001 — 10
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In the case of programmes presented to the Commission before 1 July
1991, decisions as to their approval and additional trade guarantees shallbe taken before 1 January 1992.
3. Programmes submitted by Member States may be amended or
supplemented in accordance with the procedure laid down in Article 32.Amendments or additions to programmes which have already beenapproved or to guarantees which have been defined in accordance withparagraph 2 may be approved under the same procedure.
Article 14
1. Where a Member State considers that its territory or part of its
territory is free from one of the diseases to which poultry are susceptible,it shall present to the Commission appropriate supporting documenta-tion, setting out in particular:
— the nature of the disease and the history of its occurrence in that
Member State,
— the results of surveillance testing based on serological, microbiolo-
gical or pathological investigations and on the fact that the disease
must by law be notified to the competent authorities,
— the period over which the surveillance was carried out,— where applicable, the period during which vaccination against the
disease has been prohibited and the geographical area concerned bythe prohibition,
— the arrangements for verifying that the area concerned remains free
from the disease.
2. The Commission shall examine documentation submitted by
Member States. The additional guarantees, general or specific, whichmay be required in intra-Community trade may be defined in accordancewith the procedure laid down in Article 32. Such guarantees must notexceed those required by the Member State in its own territory. Where
justification is submitted before 1 July 1991, decisions on additional
guarantees shall be taken before 1 January 1992.
3. The Member State concerned shall notify the Commission of any
change in the particulars specified in paragraph 1. The guaranteesdefined as laid down in paragraph 2 may, in the light of such
notification, be amended or withdrawn in accordance with the procedure
laid down in Article 32.
Article 15
1. ‘Day-old chicks’ and hatching eggs must be transported in:
— either unused purpose-designed disposable containers to be used
only once and then destroyed,
— or containers which may be re-used provided they are cleaned and
disinfected beforehand.
In any event such containers must:
(a) contain only day-old chicks or hatching eggs of the same species,
category and type of poultry, coming from the same establishment;
(b) be labelled with:
— the name of the Member State and region of origin,
— the establishment of origin's approval number as provided for in
Annex II, Chapter I (2),
— the number of chicks or eggs in each box,— the poultry species to which the eggs or chicks belong.
2. Boxes holding day-old chicks or hatching eggs may be grouped for
transport in appropriate containers. The number of boxes thus groupedand the indications referred to in paragraph 1 (b) must be shown onthose containers.1990L0539 — EN — 20.01.1994 — 005.001 — 11
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3. Breeding and productive poultry must be transported in crates or
cages:
— which contain only poultry of the same species, categories and type,
coming from the same establishment,
— bearing the approval number of the establishment of origin as
provided for in Annex II, Chapter I (2).
4. (a) Breeding and productive poultry and day-old chicks must be
conveyed without delay to the establishment of destination,without coming into contact with other live birds, except
breeding and productive poultry or day-old chicks satisfying
the conditions laid down in this Directive.
(b) Slaughter poultry must be conveyed without delay to the
slaughterhouse of destination, without coming into contact withother poultry, except slaughter poultry satisfying the conditionslaid down in this Directive.
(c) Poultry intended for restocking supplies of game must be
conveyed without delay to the point of destination without
coming into contact with other poultry except poultry intended
for restocking supplies of game satisfying the conditions laiddown in this Directive.
5. Crates, cages and vehicles must be designed so as to:
— preclude the loss of excrement and minimize the loss of feathers
during transit,
— allow visual inspection of the poultry,
— allow cleansing and disinfection.
6. The vehicles and, if they are not disposable, the containers, crates
and cages must, before loading and unloading, be cleansed anddisinfected in accordance with the instructions of the competentauthority of the Member State concerned.
Article 16
Poultry as referred to in Article 15 (4) may not be transported through
areas infected with avian influenza or Newcastle disease, unless by trunk
road or rail.
Article 17
In trade between Member States, poultry and hatching eggs must, during
transportation to the place of destination, be accompanied by a healthcertificate which:
— conforms with the appropriate model in Annex IV,
— is signed by an official veterinarian,
— is drawn up on the date of loading in the language or languages of
the Member State of dispatch and in the official language or
languages of the Member State of destination,
— is valid for five days,
— consists of a single sheet,
— is normally made out for a single consignee,
— bears a stamp and a signature of a different colour from that of the
certificate.1990L0539 — EN — 20.01.1994 — 005.001 — 12
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Article 18
The Member States of destination may, in compliance with the general
provisions of the Treaty, grant one or more Member States of dispatch
general authorizations or authorizations limited to specific cases
permitting entry into their territory of poultry and hatching eggs withoutthe certificate provided for in Article 17.
CHAPTER III
Rules for imports from third countries
Article 20
Poultry and hatching eggs imported into the Community must satisfy the
conditions laid down in Articles 21 to 24.
Article 21
1. Poultry and hatching eggs must have originated in a third country
or part of a third country included on a list drawn up by the Commissionin accordance with the procedure laid down in Article 32. That list may
be supplemented or amended in accordance with the procedure laid
down in Article 33.
2. In deciding whether a third country or part thereof may be included
on the list referred to in paragraph 1, particular account shall be taken of:
(a) the state of health of the poultry, other domesticanimals and wildlife
in the third country, particular attention being paid to exotic animal
diseases, and the health situation in the surrounding area, whereeither is liable to endanger publicand animal health in the MemberStates;
(b) the regularity and rapidity of the supply of information by the third
country relating to the existence of contagious animal diseases in itsterritory, in particular the diseases on Lists A and B of theInternational Office of Epizootics;
(c) the country's rules on animal-disease prevention and control;
(d) the structure of the veterinary services in the country and their
powers;
(e) the organization and implementation of measures to prevent and
control contagious animal diseases;
(f) the guarantees which the third country can give with regard to
compliance with this Directive;
(g) compliance with Community rules on hormones and residues.
3. The list referred to in paragraph 1 and any amendments thereto
shall be published in the Official JournaloftheEuropeanCommunities .
Article 22
1. Poultry and hatching eggs must come from third countries:
(a) in which avian influenza and Newcastle disease, as defined in
Council Directives 92/40/EEC and 92/66/EEC respectively, arelegally notifiable diseases;
(b) free from avian influenza and Newcastle disease,
or
which, although they are not free from these diseases, apply
measures to control them which are at least equivalent to those laiddown in Directives 92/40/EEC and 92/66/EEC respectively.
2. Additional criteria for classifying third countries in respect of
paragraph 1(b), particularly as regards the type of vaccine used, shall be1990L0539 — EN — 20.01.1994 — 005.001 — 13
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adopted in accordance with the procedure laid down in Article 32 before
1 January 1995.
3. The Commission may, in accordance with the procedure laid down
in Article 32, decide under which conditions paragraph 1 is to apply only
to a part of the territory of third countries.
Article 23
1. Poultry and hatching eggs may be imported from the territory of a
third country or part of the territory of a third country included on the
list drawn up in accordance with Article 21 (1) only if they come fromflocks which:
(a) prior to consignment have been held without interruption in the
territory or part of the territory concerned of such country for aperiod to be determined in accordance with the procedure laid down
in Article 32;
(b) satisfy the animal health conditions adopted in accordance with the
procedure laid down in Article 32 for imports of poultry andhatching eggs from the country in question. The conditions maydiffer according to the species or category of poultry.
2. The animal health conditions shall be determined on the basis of
the rules laid down in Chapter II and its corresponding Annexes. In
accordance with the procedure laid down in Article 32, derogations maybe granted on a case-by-case basis if the third country concerned offerssimilar animal health guarantees which are at least equivalent.
Article 24
1. Poultry and hatching eggs must be accompanied by a certificate
drawn up and signed by an official veterinarian of the exporting thirdcountry.
The certificate must:
(a) be issued on the day of loading for consignment to the Member State
of destination;
(b) be drawn up in the official language or languages of the Member
State of destination;
(c) accompany the consignment in the original;
(d) attest to the fact that the poultry or hatching eggs satisfy the
requirements of this Directive and those adopted pursuant to this
Directive with regard to importation from third countries;
(e) be valid for five days;
(f) consist of a single sheet;
(g) be made out for a single consignee;
(h) bear a stamp and a signature of a different colour from that of the
certificate.
2. The certificate referred to in paragraph 1 must comply with a
model drawn up in accordance with the procedure laid down in Article32.
Article 25
On-the-spot inspections shall be carried out be veterinary experts of the
Member States and the Commission to ensure that all the provisions ofthis Directive are effectively applied.
The Member States' experts responsible for these inspections shall be
designated by the Commission on proposals for the Member States.1990L0539 — EN — 20.01.1994 — 005.001 — 14
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The inspections shall be carried out on behalf of the Community, and the
latter shall bear the costs thereof.
The frequency of the inspections and the inspection procedure shall be
determined in accordance with the procedure laid down in Article 32.
Article 26
1. The Commission may, in accordance with the procedure laid down
in Article 33, decide that imports from a third country or part of a third
country are to be confined to particular species, to hatching eggs, topoultry for breeding or production, to slaughter poultry or to poultryintended for special purposes.
2. The Commission may decide, in accordance with the procedure
laid down in Article 33, to apply animal health restrictions, as required,
after importation.
Article 28
On arrival in the Member State of destination, slaughter poultry must be
taken directly to a slaughterhouse for slaughter as soon as possible.
Without prejudice to any special conditions which may be adopted in
accordance with the procedure laid down in Article 33, the competent
authority of the Member State of destination may, on animal-healthgrounds, designate the slaughterhouse to which the poultry must beconveyed.
CHAPTER IV
Common provisions
Article 29
1. For the purposes of intra-Community trade, the safeguard
measures provided for in Directive 89/662/EEC shall apply to poultryand hatching eggs.
Article 30
1. The veterinary control rules provided for by Directive 90/425/EEC
shall apply to intra-Community trade in poultry and hatching eggs.
2. Directive 90/425/EEC shall be amended as follows:
(a) In Annex A, under I, the following reference shall be added:
‘Council Directive 90/539/EEC of 15 October 1990 on animal health
conditions governing intra-Community trade in, and imports fromthird countries of, poultry and hatching eggs
OJ No L 303, 31. 10. 1990, p. 6.’
(b) In Annex B the following indents shall be deleted:
‘— live poultry’,
‘— eggs for hatching’.
Article 31
Until the date of entry into force of the decisions adopted pursuant to
Articles 20, 21 and 22, the Member States shall apply to imports ofpoultry and hatching eggs from third countries conditions at leastequivalent to those resulting from the application of Chapter II.1990L0539 — EN — 20.01.1994 — 005.001 — 15
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Article 32
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter forthwith to the Standing VeterinaryCommittee either on his own initiative or at the request of the
representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
4. If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commission shall,without delay, submit to the Council a proposal relating to the measuresto be taken. The Council shall act by a qualified majority.
If, within three months of the date of referral to the Council, the Council
has not acted, the proposed measures shall be adopted by theCommission save where the Council has decided against the said
measures by a simple majority.
Article 33
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter forthwith to the Standing Veterinary
Committee either on his initiative or at the request of the representative
of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within two days. The opinion shall bedelivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
4. If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commission shallwithout delay submit to the Council a proposal relating to the measuresto be taken. The Council shall act by a qualified majority.
If, within 15 days of the date of referral to the Council, the Council has
not acted, the proposed measures shall be adopted by the Commissionsave where the Council has decided against the said measures by a
simple majority.
Article 34
Amendments to the Annexes, particularly in order to adapt them to
changes in diagnostic methods and to variations in the economic
importance of particular diseases, shall be decided by the Commission in
accordance with the procedure laid down in Article 32.
Article 36
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive no1990L0539 — EN — 20.01.1994 — 005.001 — 16
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later than ►M11 May 1992 ◄. They shall forthwith inform the
Commission thereof.
Article 37
This Directive is addressed to the Member States.1990L0539 — EN — 20.01.1994 — 005.001 — 17
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ANNEX I
1. The national reference laboratories for avian diseases are as follows:
Belgium Institut National de recherches vétérinaires,
Groeselenberg 99, B-1180 Bruxelles
Denmark ►M5National Veterinary Laboratory,
Poultry Disease Division,
Hangøvej 2,
DK-8200 Aarhus N ◄
France Laboratoire de Pathologie Aviaire, CNEVA, F-22440
Ploufragan
Germany Bundesforschungsanstalt für Landwirtschaft Institut
für Kleintierzucht, Dörnbergstraße 25/27, D-3100
Celle
Greece Institute of Infectious Parasitic Disease of Thessalo-
niki, GR-Thessaloniki
Ireland Veterinary Research Laboratory, Abbotstown, Castle-
knock,
IRL-County Dublin
Italy Instituto Zooprofilláttico Sperimentale delle Venezie
Via G. ORUS 2, I-35100Padova
Luxembourg Laboratoire Vétérinaire de l'Etat, 54 avenue Gaston
Diderich,
L-1420 Luxemburg;
Netherlands Centraal Diergeneeskundig Instituut, NL-Lelystad
Portugal Laboratorio Nacional de Investigação Veterinaria, PT-
Lisboa
Spain Laboratorio de Sanidad y Producción Animal, ES-
Barcelona
United Kingdom Central Veterinary Laboratory, Weybridge, UK-
Surrey
2. The national reference laboratories for avian diseases listed in point 1 are
responsible in each Member State for coordinating the diagnostic methods
provided for in this Directive. To this end:
(a) they may supply approved laboratories with the reagents needed for
diagnostictesting;
(b) they monitor the quality of all the reagents used by the approved
laboratories;
(c) they organize periodic comparative tests.1990L0539 — EN — 20.01.1994 — 005.001 — 18
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ANNEX II
APPROVAL OF ESTABLISHMENTS
CHAPTER I
General rules
1. In order to be approved by the competent authority for the purposes of intra-
Community trade, establishments must:
(a) satisfy the conditions as regards facilities and operation set out in Chapter
II;
(b) apply and adhere to a disease surveillance programme approved by the
competent central veterinary authority, taking into account the require-
ments of Chapter III;
(c) provide every facility for the carrying out of the operations listed in (d);
(d) be subject to the supervision of the competent veterinary authority within
the context of an organized form of animal health monitoring. Such
monitoring will include in particular:
— at least one inspection visit per year by the official veterinarian,
supplemented by checks to verify the application of hygiene measures
and the operation of the establishment in accordance with the
conditions in Chapter II,
— the recording by the farmer of all the information necessary for the
continuous monitoring of the health status of the establishment by the
competent veterinary authority;
(e) contain only poultry as defined in Article 2 (1).
2. The competent authority will give each establishment which complies with the
conditions laid down in point 1 a distinguishing approval number, which may
be the same as that given pursuant to Regulation (EEC) No 2782/75.
CHAPTER II
Facilities and operation
A.Pedigree breeding, breeding and rearing establishments
1. Facilities
(a) The siting and layout of the facilities must be compatible with the type
of production pursued, ensuring that the introduction of disease can be
prevented or, if an outbreak occurs, that it can be controlled. If an
establishment houses several species of poultry, there must be a dear
separation between them.
(b) The facilities must provide good conditions of hygiene and allow
health monitoring to be carried out.
(c) The equipment must be compatible with the type of production
pursued, and allow cleansing and disinfection of the facilities and of
vehicles for transporting poultry and eggs at the most suitable spot.
2. Rearing
(a) Rearing techniques must be based as far as possible on the ‘protected
rearing’ principle and on the ‘all-in/all-out’ principle. Cleansing,
disinfection and depopulation must be carried out between batches.
(b) Pedigree-breeding, breeding and rearing establishments must house
only poultry:
— from the establishment itself, and/or
— from other pedigree-breeding, breeding or rearing establishments
in the Community approved in accordance with Article 6 (a), and/
or
— imported from third countries in accordance with this Directive.
(c) Hygiene rules must be drawn up by the management of the
establishment; personnel must wear appropriate working clothing
and visitors protective clothing.
(d) Buildings, pens and equipment must be kept in good repair.
(e) Eggs must be collected several times a day, and must be clean and be
disinfected as soon as possible.
(f) The farmer must notify the authorized veterinarian of any variation in
production performance or any other sign suggesting the presence of a1990L0539 — EN — 20.01.1994 — 005.001 — 19
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contagious poultry disease. As soon as disease is suspected, the
authorized veterinarian must send the samples needed for making or
confirming the diagnosis to an approved laboratory.
(g) A flock history, register or data medium must be kept for each flock
for at least two years after the disposal of the flock and must show.
— arrivals and departures,
— production performance,
— morbidity and mortality with causes,
— any laboratory tests and the results thereof,— the place of origin of the poultry,— the destination of eggs.
(h) Where a contagious poultry disease occurs, the results of laboratory
tests must be communicated immediately to the authorized veter-
inarian.
B.Hatcheries
1. Facilities
(a) A hatchery must be physically and operationally separate from rearing
facilities. The layout must be such as to allow the various functional
units listed below to be kept separate:
— egg storage and grading,
— disinfection,
— pre-incubation,— hatching,— preparation and packaging of goods for dispatch.
(b) Buildings must be protected against birds coming from outside and
rodents; floors and walls must be of hard-wearing, impervious and
washable materials; natural or artificial lighting and air flow and
temperature systems must be of an appropriate type; provision must be
made for the hygienic evacuation of waste (eggs and chicks).
(c) Equipment must have smooth and waterproof surfaces.
2. Operation
(a) Operation must be based on a one-way circuit for eggs, mobile
equipment and personnel.
(b) Hatching eggs must be:
— from Community pedigree breeding or breeding establishments
approved in accordance with Article 6 (a),
— imported from third countries in accordance with this Directive.
(c) Hygiene rules must be drawn up by the management of the
establishment; personnel must wear appropriate working clothing
and visitors protective clothing.
(d) Buildings and equipment must be kept in good repair.
(e) The following must be disinfected:
— eggs, between the time of their arrival and the incubation process,
— the incubators, regularly,— hatchers and equipment, after the hatching of each batch.
(f) A programme of microbiological quality control must be used to assess
the health status of the hatchery.
(g) The farmer must notify the authorized veterinarian of any variation in
production performance or any other sign suggesting the presence of a
contagious poultry disease. As soon as contagious disease is suspected,
the authorized veterinarian must send the samples needed for making
or confirming the diagnosis to an approved laboratory and inform the
competent veterinary authority, which will decide on appropriate
measures to be taken.
(h) A flock history, register or data medium for the hatchery must be kept
for at least two years showing, if possible by flock:
— the origin of the eggs and their arrival date,
— hatching yields,
— any abnormalities,
— any laboratory tests and the results thereof,— details of any vaccination programmes,— the number and the destination of incubated eggs which have not
hatched,
— the destination of day-old chicks.1990L0539 — EN — 20.01.1994 — 005.001 — 20
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(i) Where a contagious poultry disease occurs, the results of laboratory
tests must be communicated immediately to the authorized veter-
inarian.
CHAPTER III
Disease surveillance programme
Without prejudice to health measures and to Articles 13 and 14, disease
surveillance programmes must, as a minimum, comprise surveillance of the
infections and species listed below.
A.Salmonella pullorum, Salmonella gallinarum andSalmonella arizonae
infections
1. Species concerned
(a)S. pullorum et gallinarum: fowls, turkeys, guinea fowls, quails,
pheasants, partridges and ducks.
(b)S. arizonae: turkeys.
2. Disease surveillance programme
(a) Serological and/or bacteriological tests must be used to determine
whether an infection is present.
(b) Samples for testing must be taken, as appropriate, from blood, second-
grade chicks, down or dust taken from hatchers, swabs taken from the
walls of the hatchery, litter or water from a drinker.
(c) When blood samples are taken from a flock for serological testing for
S. pullorum orS. arizonae, prevalence of infection in the country
concerned and its past incidence in the establishment must be allowed
for in determining the number of samples to be taken.
Flocks must be inspected during each laying period at the best time for
detecting the disease.
B.Mycoplasma gallisepticum andMycoplasma meleagridis infections
1. Species concerned
(a)Mycoplasma gallisepticum: fowls and turkeys.
(b)Mycoplasma meleagridis: turkeys.
2. Disease surveillance programme
(a) Presence of infection must be tested by serological and/or bacter-
iological testing and/or by the presence of air sacculitis lesions in day-
old chicks and turkey poults.
(b) Samples for testing must be taken, as appropriate, from blood, day-old
chicks and turkey poults, sperm, or swabs taken from the trachea, the
cloaca or air sacs.
(c) Tests for detecting M. gallisepticum orM. meleagridis must be
performed on a representative sample in order to allow continous
surveillance of the infection during rearing and laying, i.e. just before
the start of laying and every three months thereafter.
C.Results and measures to be taken
If there are no reactors, the test is deemed negative. Otherwise, the flock is
suspect and the measures specified in Chapter IV must be applied to it.
D. In the case of holdings which consist of two or more separate production
units, the competent veterinary authority may derogate from these measures
as regards healthy production units on a holding which is infected provided
that the authorized veterinarian has confirmed that the structure and size of
these production units and the operations carried out there are such that the
production units provide completely separate facilities for housing, keeping
and feeding, so that the disease in question cannot spread from one production
unit to another.
CHAPTER IV
Criteria for suspending or withdrawing approval of an establishment
1. Approval granted to an establishment must be suspended:
(a) when the conditions laid down in Chapter II are no longer met;
(b) until an investigation appropriate to the disease has been completed:
— if avian influenza or Newcastle disease are suspected at the
establishment,1990L0539 — EN — 20.01.1994 — 005.001 — 21
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— if the establishment has received poultry or hatching eggs from an
establishment with suspected or actual infection by avain influenza or
Newcastle disease,
— if contact liable to transmit the infection has occurred between the
establishment and the site of an outbreak of avian influenza or
Newcastle disease;
(c) until such time as new tests are performed, if the results of surveillance
carried out in accordance with the conditions laid down in Chapters II and
III for infection by S. pullorum, S. gallinarum, S. arizonae, M.
gallisepticum orM. meleagridis give cause to suspect infection;
(d) until completion of the appropriate measures required by the official
veterinarian, if the establishment is found not to conform with the
requirements of Chapter I, paragraph 1 (a), (b) and (c).
2. Approval must be withdrawn:
(a) if avian influenza or Newcastle disease occurs at the establishment;
(b) if a second test of an appropriate type confirms the presence of infection
byS. pullorum, S. gallinarum, S. arizonae, M. gallisepticum orM.
meleagridis;
(c) if, after a second notice served by the official veterinarian, action to bring
the establishment into line with the requirements of Chapter I, paragraph 1
(a), (b) and (c), has not been taken.
3. Conditions for restoring approval:
(a) if approval has been withdrawn because of an occurrence of avian
influenza or Newcastle disease, it may be restored 21 days after cleansing
and disinfection if sanitary slaughter has been carried out;
(b) if approval has been withdrawn because of infection caused by:
(i)Salmonellapullorumetgallinarum, orSalmonellaarizonae, it may be
restored after negative results have been recorded in two tests
performed with an interval of at least 21 days on the establishment
and after disinfection following sanitary slaughter of the infected
flock;
(ii)Mycoplasma gallisepticum orMycoplasma meleagridis, it may be
restored after negative results have been recorded in two tests
performed on the entire flock with an interval of at least 60 days.1990L0539 — EN — 20.01.1994 — 005.001 — 22
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ANNEX III
POULTRY VACCINATION CONDITIONS
1. Vaccines used for vaccinating poultry or flocks producing hatching eggs must
have a marketing authorization issued by the competent authority of the
Member State in which the vaccine is used.
2. The criteria for using vaccines against Newcastle disease in the context of
routine-vaccination programmes may be determined by the Commission.1990L0539 — EN — 20.01.1994 — 005.001 — 23
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ANNEX IV
HEALTH CERTIFICATES FOR INTRA-COMMUNITY TRADE
(Models 1 to 6)1990L0539 — EN — 20.01.1994 — 005.001 — 24
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ANNEX V
COMPULSORILY NOTIFIABLE DISEASES
— Avian influenza
— Newcastle disease1990L0539 — EN — 20.01.1994 — 005.001 — 31