1990L0539 — EN — 23.07.1991 — 001.001 — 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 coun-
tries 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
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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 produc-
tion, thereby increasing productivity in that sector, certain animal healthrules governing intra-Community trade in poultry and hatching eggsmust 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 farmingpopulation;
Whereas disparities as regards animal health conditions in the Member
States should be eliminated in order to encourage intra-Communitytrade in poultry and hatching eggs, thus contributing to the completionof the internal 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 eachproduction establishment and for the marking of hatching eggs; whereasCommission 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;
(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 progressmade by a Member State in eradicating certain poultry diseases,provided that those requirements in no case exceed those appliednationally by the Member State concerned; whereas, in this context, itcould prove desirable to determine the status of the Member States orregions thereof with 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, provi-
sion must be made for the issue by an official veterinarian of a healthcertificate to accompany the poultry and hatching eggs to their destina-tion;
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 June1990 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 partsof third countries from which poultry and hatching eggs may beimported;
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 otherlivestock, the organization and powers of the veterinary services and thehealth 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 whichhave been 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 theStanding 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 indrawing up the standard forms of certificate;
Whereas Commission veterinary experts should be responsible for veri-
fying that the rules are observed in third countries;
(1) OJ No L 224, 18. 8. 1990, p. 29.
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Whereas the checks carried out upon importation must cover the origin
and the state of health of the poultry and hatching eggs;
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 anddisposal, required for the purpose of safeguarding public and animalhealth;
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 topossible amendments to the list of countries authorized to export to theCommunity;
Whereas the constant development of poultry-rearing techniques means
that periodic changes in the methods of poultry-disease control willhave to be made;
Whereas the provisions of this Directive should be revised in connec-
tion 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, poultryand hatching 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 coun-
try'shall mean the official veterinarian and third country referred to inDirective 72/462/EEC.
In addition:
1. ‘poultry' shall mean fowl, turkeys, guinea fowl, ducks, geese,
quails, pigeons, pheasants and partridges reared or kept in captivityfor breeding, the production of meat or eggs for consumption, or forre-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, Barbary ducks 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);
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6. ‘slaughter poultry' shall mean poultry sent direct to a slaughter-
house for slaughter as soon as possible after arrival, and in any casewithin 72 hours;
7. ‘flock' shall mean all poultry of the same health and immunity
status, reared on the same premises or in the same enclosure andconstituting a single zootechnical unit;
8. ‘holding'shall mean a facility — which may include an establish-
ment — used for the rearing or keeping of breeding or productivepoultry;
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: an establishment which rears poultry
until 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 terri-
tory of a Member State, approved by the competent veterinaryauthority, under its responsibility, for the purpose of carrying outthe diagnostic tests provided for in this Directive;
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;
15. ‘infected area'for the diseases listed in Annex V shall mean either a
zone comprising, depending on the epizootiological environment ofthe outbreak site, a well-defined territory, or a protection zone witha radius of at least 3 kilometres around the outbreak site, which isitself included in a surveillance zone of a radius of at least 10kilometres;
16. ‘quarantine station'shall mean facilities where the poultry is kept in
complete isolation and away from direct or indirect contact withother 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 poultryand products at the outbreak site which are infected or suspected ofbeing contaminated.
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 implementto ensure compliance with the rules set out in Annex II for the approvalof establishments for the purposes of intra-Community trade in poultryand hatching eggs.
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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 in accord-ance 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 itsterritory. These reference laboratories are listed in Annex I.
Article 5
In order to be traded within 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 and, respectively, those laid down pursuant to Articles 13and 14 or those laid down in Articles 7, 8 and 9;
(b) slaugther poultry and, by way of derogation from (a), poultry
intended for restocking supplies of game, until the implementationof animal health conditions governing intra-Community trade andthe import from third countries of fresh poultry meat and gamebirds for rearing, must fulfil the conditions set out in Articles 10,12, 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 infected area;
2. a flock which, at the time of consignment, presents no clinical sign
or suspicion of disease.
Article 7
At the time of consignment, hatching eggs must:
1. if they come from a Member State, meet the following requirements:
(a) 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 there is a vaccination requirement, have been vaccinated in
accordance with the vaccination conditions in Annex III;
— have undergone an animal health examination carried out by
an official veterinarian or an authorized veterinarian duringthe 24 hours preceding consignment and, at the time of theexamination, have shown no clinical sign or suspicion ofdisease;
(b) be marked in accordance with Commission Regulation (EEC)
No 1868/77;
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(c) have been desinfected in accordance with the instructions of the
official veterinarian;
2. if they come from third countries, have been imported in accordance
with the conditions set out in Chapter III.
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 there is a vaccina-
tion requirement;
(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) if there is a vaccination requirement, satisfy the vaccination condi-
tions in Annex III;
(c) have been submitted to a health examination by an official or
authorized veterinarian during the 24 hours preceding consignmentand, at the time of the examination, have presented no clinical signor suspicion of 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 or author-
ized veterinarian during the 48 hours preceding dispatch on theflock from which the consignment to be slaughtered is to be drawnhas not revealed within that flock any clinical sign or suspicion ofdisease;
(d) which is not located in an area infected with avian influenza or
Newcastle disease, to be defined in the framework of the measuresto combat these diseases to be adopted in accordance with Article19.
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 ofconsignments 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,
— if there is a vaccination requirement, satisfy the vaccination condi-
tions in Annex III,
— are not the subject of any animal health restrictions applicable to
poultry,
— are not located in an area infected with avian influenza or Newcastle
disease, to be defined in the framework of the measures to combatthese diseases to be adopted in accordance with Article 19,
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— have been found negative in serological tests for Salmonella pull-
orum et gallinarum antibodies, in accordance with Annex II,
Chapter III.
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 holdingof origin or quarantine station, as applicable, may have beenvaccinated 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 tothe 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. The status of Member States or regions of Member States from the
point of view of Newcastle disease shall be established by the Commis-sion, in accordance with the procedure provided for in Article 32►
M1 ◄. The elements to be taken into consideration for
determining this status shall be the data referred to in Article 14 (1) and,in particular, the following criteria:
— no Newcastle disease shall have been detected in the poultry
referred to in Article 1 for at least the preceding 12 months,
— vaccination against Newcastle disease in the poultry referred to in
Article 1 shall not have been authorized for at least the preceding 12months,
— all breeding flocks shall have been monitored at least once a year
for the presence of Newcastle disease,
— the holdings shall contain no poultry which have been vaccinated
against Newcastle disease.
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3. The conditions referred to in paragraph 1 shall be reviewed before
31 December 1992.
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 aresusceptible, 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 impor-
tance of the disease and the programme’s likely benefit in relation toits 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 withthe 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.
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 suscept-ible, it shall present to the Commission appropriate supporting docu-mentation, 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 diseasemust 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 accord-ance with the procedure laid down in Article 32. Such guarantees mustnot exceed those required by the Member State in its own territory.Where justification is submitted before 1 July 1991, decisions on addi-tional guarantees shall be taken before 1 January 1992.
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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 noti-fication, be amended or withdrawn in accordance with the procedurelaid down in Article 32.
Article 15
1. Day-old chicks and hatching eggs must be transported either in
purpose-designed disposable boxes, or in boxes which may be re-usedprovided they are disinfected beforehand. Such boxes must be cleanedand:
(a) contain only day-old chicks or hatching eggs of the same species,
category and type of poultry, coming from the same establishment;
(b) bear the following indications:
— the name of the Member State of consignment,
— the species of poultry to which the eggs or chicks belong,— the number of chicks or eggs,— the category and type of production for which they are intended,— the name or business name, address and approval number of the
production establishment,
— the establishment of origin’s approval number, as provided for
in Annex II, Chapter I (2),
— the Member State of destination;
(c) be closed in accordance with the instructions of the competent
authority in such a way as to avoid any possibility of substitution ofthe contents.
2. Boxes holding day-old chicks or hatching eggs may be grouped
for transport in appropriate containers. The number of boxes thusgrouped and the indications referred to in paragraph 1 (b) must beshown on those containers.
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),
— which are closed in accordance with the instructions of the
competent authority in such a way as to avoid any possibility ofsubstitution of the contents.
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, exceptbreeding and productive poultry or day-old chicks satisfying theconditions laid down in this Directive.
(b) Slaughter poultry must be conveyed without delay to the slaugh-
terhouse of destination, without coming into contact with otherpoultry, except slaughter poultry 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 and disin-fected in accordance with the instructions of the competent authority ofthe Member State concerned.
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Article 16
Poultry as referred to in Article 15 (4) may not be transported through
areas infected with avian influenza or Newcastle disease, unless bytrunk 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 ahealth certificate 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 orlanguages 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 of a colour different from that of the certificate.
Article 18
The Member States of destination may, in compliance with the general
provisions of the Treaty, grant one or more Member States of dispatchgeneral authorizations or authorizations limited to specific cases permit-ting entry into their territory of poultry and hatching eggs without thecertificate provided for in Article 17.
Article 19
The Council, acting by a qualified majority on a proposal from the
Commission, shall, before 1 July 1991, adopt the control rules forcombating avian influenza and Newcastle disease.
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 Commis-sion in accordance with the procedure laid down in Article 32. That listmay be supplemented or amended in accordance with the procedure laiddown 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 shallbe taken of:
(a) the state of health of the poultry, other domestic animals and
wildlife in the third country, particular attention being paid to exoticanimal diseases, and the health situation in the surrounding area,where either is liable to endanger public and animal health in theMember States;
(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 the Inter-national 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;
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(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 OfficialJournaloftheEuropeanCommunities .
Article 22
1. Poultry and hatching eggs must come from countries free from
avian influenza and Newcastle disease.
2. The general criteria for classifying the third country from the point
of view of the diseases shall be adopted in accordance with the proce-dure laid down in Article 32.
3. The Commission may, in accordance with the procedure laid
down in Article 32, decide that the provisions of paragraph 1 of thisArticle shall apply to only a part of the territory of a third country.
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 thelist 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 downin 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. Inaccordance 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 thisDirective 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 of a colour different 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.
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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.
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 athird country are to be confined to particular species, to hatching eggs,to poultry 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 27
1. The rules and general principles applicable during inspections in
third countries or during inspections of imported poultry from thirdcountries shall be determined in accordance with the second subpara-graph of Article 19 (1) of Directive 89/662/EEC.
Pending implementation of the abovementioned rules and principles, the
national rules shall remain in force, subject to compliance with thegeneral rules of the Treaty.
2. Poultry and hatching eggs may not be imported into the
Community if:
— the consignment does not come from the territory or part of the
territory of a third country on the list drawn up pursuant to Article21 (1),
— the consignment is, or is suspected of being, infected with, or
contaminated by, a contagious disease,
— the conditions laid down in this Directive have not been complied
with by the exporting third country,
— the certificate accompanying the consignment does not comply with
the conditions set out in Article 24,
— examination reveals that Community rules on hormones and resi-
dues have not been complied with.
3. Without prejudice to any special conditions which may be adopted
in accordance with the procedure laid down in Article 26, for reasons ofanimal health or where permission to send back poultry the entry ofwhich has been refused pursuant to paragraph 1 has not been granted,the competent authority of the Member State of destination may desig-nate the slaughterhouse which must accept such poultry.
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 competentauthority of the Member State of destination may, on animal-healthgrounds, designate the slaughterhouse to which the poultry must beconveyed.
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CHAPTER IV
Common provisions
Article 29
1. For the purposes of intra-Community trade, the safeguard meas-
ures provided for in Directive 89/662/EEC shall apply to poultry andhatching eggs.
2. For the purposes of imports from third countries, the following
safeguard measures shall apply:
(a) Without prejudice to Article 22, if a contagious poultry disease
likely to endanger the health of poultry of one of the Member Statesappears in or extends to a third country or if any other animal-health reason justifies it, the Member State concerned shall prohibitimports of animals of the species covered by this Directive comingdirectly or indirectly via another Member State either from the thirdcountry as a whole or from part of the territory thereof.
(b) The measures taken by the Member States on the basis of this
Article, together with their repeal, shall be communicated withoutdelay to the other Member State and the Commission and thereasons therefore shall be indicated.
The Standing Veterinary Committee shall meet as soon as possible
following such communication and shall decide, in accordance withthe procedure laid down in Article 32, whether these measuresrequire amendment in order, particularly, to be coordinated withmeasures taken by the other Member States or whether they shouldbe discontinued.
Should the situation provided for in this Article occur and other
Member States also need to apply the measures taken thereunder,possibly amended in accordance with the preceding subparagraph,the appropriate provisions shall be adopted in accordance with theprocedure laid down in Article 32.
(c) The resumption of imports from the third country concerned shall
be authorized under the same procedure.
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 animalhealth conditions governing intra-Community trade in, and importsfrom third 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.
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 repres-entative of a Member State.
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2. The representative of the Commission shall submit to theCommittee a draft of the measures to be taken. The Committee shalldeliver 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 Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the Committee shall be weighted in the mannerset 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 meas-ures 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 VeterinaryCommittee either on his initiative or at the request of the representativeof 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 theMember States within the Committee shall be weighted in the mannerset 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 asimple majority.
Article 34
Amendments to the Annexes, particularly in order to adapt them to
changes in diagnostic methods and to variations in the economic impor-tance of particular diseases, shall be decided by the Commission inaccordance with the procedure laid down in Article 32.
Article 35
The provisions of this Directive and Article 29 in particular shall be
reviewed before 31 December 1992 in the light of proposals concerningthe completion of the internal market.
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Article 36
Member States shall bring into force the laws, regulations and adminis-
trative provisions necessary to comply with this Directive no later than►
M11 May 1992 ◄. They shall forthwith inform the Commission
thereof.
Article 37
This Directive is addressed to the Member States.
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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 Institut for Fjerkraesygdomme, Den Kgl. Veterinaer-
og Landbohjskole, DK-København
France Laboratoire de Pathologie Aviaire, CNEVA, F-22440
Ploufragan
Germany Bundesforschungsanstalt für Landwirtschaft Institut
für Kleintierzucht, Dörnbergstraße 25/27, D-3100Celle
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-LelystadPortugal 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 methodsprovided for in this Directive. To this end:
(a) they may supply approved laboratories with the reagents needed for
diagnostic testing;
(b) they monitor the quality of all the reagents used by the approved labora-
tories;
(c) they organize periodic comparative tests.
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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. Suchmonitoring will include in particular:
— at least one inspection visit per year by the official veterinarian,
supplemented by checks to verify the application of hygiene measuresand the operation of the establishment in accordance with the condi-tions 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 thecompetent 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, whichmay 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 diseasecan be prevented or, if an outbreak occurs, that it can be controlled. Ifan establishment houses several species of poultry, there must be adear 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 ofvehicles 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, disin-fection 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 establish-
ment; personnel must wear appropriate working clothing and visitorsprotective 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 ofa contagious poultry disease. As soon as disease is suspected, the
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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 veteri-narian.
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 variousfunctional 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 andwashable materials; natural or artificial lighting and air flow andtemperature systems must be of an appropriate type; provision mustbe 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 establish-
ment; personnel must wear appropriate working clothing and visitorsprotective 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 ofa contagious poultry disease. As soon as contagious disease issuspected, the authorized veterinarian must send the samples neededfor making or confirming the diagnosis to an approved laboratory andinform the competent veterinary authority, which will decide onappropriate 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,
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— the destination of day-old chicks.
(i) Where a contagious poultry disease occurs, the results of laboratory
tests must be communicated immediately to the authorized veteri-narian.
CHAPTER III
Disease surveillance programme
Without prejudice to health measures and to Articles 13 and 14, disease surveil-
lance programmes must, as a minimum, comprise surveillance of the infectionsand species listed below.
A.Salmonellapullorum,Salmonellagallinarum andSalmonellaarizonae infec-
tions
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 takenfrom 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 allowedfor 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 bacterio-
logical testing and/or by the presence of air sacculitis lesions inday-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 thetrachea, the cloaca or air sacs.
(c) Tests for detecting M. gallisepticum orM. meleagridis must be
performed on a representative sample in order to allow continoussurveillance of the infection during rearing and laying, i.e. just beforethe 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 measuresas regards healthy production units on a holding which is infected providedthat the authorized veterinarian has confirmed that the structure and size ofthese production units and the operations carried out there are such that theproduction units provide completely separate facilities for housing, keepingand feeding, so that the disease in question cannot spread from one produc-tion unit to another.
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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 establish-
ment,
— if the establishment has received poultry or hatching eggs from an
establishment with suspected or actual infection by avain influenza orNewcastle disease,
— if contact liable to transmit the infection has occurred between the
establishment and the site of an outbreak of avian influenza orNewcastle 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 IIand 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 therequirements 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, paragraph1 (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 influ-
enza or Newcastle disease, it may be restored 21 days after cleansing anddisinfection if sanitary slaughter has been carried out;
(b) if approval has been withdrawn because of infection caused by:
(i)Salmonella pullorum et gallinarum, orSalmonella arizonae, it may
be restored after negative results have been recorded in two testsperformed with an interval of at least 21 days on the establishmentand after disinfection following sanitary slaughter of the infectedflock;
(ii)Mycoplasma gallisepticum orMycoplasma meleagridis, it may be
restored after negative results have been recorded in two testsperformed on the entire flock with an interval of at least 60 days.
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ANNEX III
POULTRY VACCINATION CONDITIONS
Vaccines used for vaccinating poultry or flocks producing hatching eggs must:
— conform to the requirements of the European Pharmacopoeia,
— be produced, tested and distributed under official supervision.
The criteria for using vaccines against Newcastle disease in the context of
routine-vaccination programmes may be determined by the Commission.
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ANNEX IV
HEALTH CERTIFICATES FOR INTRA-COMMUNITY TRADE
(Models 1 to 6)
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ANNEX V
COMPULSORILY NOTIFIABLE DISEASES
— Avian influenza
— Newcastle disease1990L0539 — EN — 23.07.1991 — 001.001 — 30
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