COMMISSION IMPLEMENTING REGULATION (EU) No 139/2013

of 7 January 2013

laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof

(codification)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular the second subparagraph of Article 10(3) and point (b) of second subparagraph of Article 10(4) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular Article 17(2)(b) and Article 17(3) and the first and fourth indents of Article 18(1) thereof,

Whereas:

(1) Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulation should be codified.

(2) Following the outbreaks of highly pathogenic avian influenza of the Asian lineage in South-East Asia in 2004, the Commission adopted several Decisions banning amongst other commodities the import of birds, other than poultry, from affected third countries.

(3) In order to draw up an inventory of the risks posed by the import of captive birds, the Commission on 13 April 2005 requested the European Food Safety Authority (EFSA) to provide a scientific opinion on the risks posed by imports of birds caught in the wild and captive bred birds from third countries.

(4) Following that request, the EFSA Panel on animal health and welfare adopted, during their meeting of 26 and 27 October 2006, a Scientific Opinion on the Animal Health and Welfare risks associated with the import of wild birds, other than poultry, into the Union. That Scientific Opinion identifies possible tools and options which can reduce any identified animal health risk related to imports of birds other than poultry.

(5) One of the recommendations of the EFSA Scientific Opinion relates to controls carried out in the third countries exporting birds, other than poultry, to the Union. Improvements at the point of export should have most impact in reducing the probability that infected birds are presented for entry into the Union. For that reason, import conditions should be laid down in this Regulation in such a way that only imports from third countries authorised for imports into the Union of such birds are allowed.

(6) Another EFSA recommendation relates to imports of birds caught in the wild. The Scientific Opinion identifies the risk caused by those birds that may be infected due to lateral spread from other infected wild birds and from the contaminated environment, as well as overspill from infected poultry. Taking into account the role played by wild migratory birds in the spread of avian influenza from Asia to Europe in 2005 and 2006, it is appropriate to limit imports of birds, other than poultry, only to birds bred in captivity.

(7) It is seldom possible to distinguish with certainty between birds that have been caught in the wild and captive bred birds. Methods of marking can be applied to both types of birds without it being possible to distinguish between them. It is therefore appropriate to limit imports of birds, other than poultry, to breeding establishments that are approved by the competent authority of the third country of export, and to lay down certain minimum conditions for such approval.

(8) The imported birds should be transported directly to an approved quarantine facility or centre in a Member State, where they should remain until infection with avian influenza or Newcastle disease virus is ruled out.

(9) In case avian influenza or Newcastle disease is suspected in an approved quarantine facility or in a unit of an approved quarantine centre, it is appropriate to wait until the suspicion is confirmed to rule out any other cause of disease symptoms before commencing to kill and destroy the birds in the affected premises.

(10) Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (5) was adopted to take account of the experience gained in the control of avian influenza. Based on that Directive, Commission Decision 2006/437/EC of 4 August 2006 approving a Diagnostic Manual for avian influenza as provided for in Council Directive 2005/94/EC (6) (the diagnostic manual) was adopted laying down at Union level diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation of an outbreak of avian influenza. Account should be taken of that Decision as regards the testing regimes for avian influenza in approved quarantine facilities and centres.

(11) It is appropriate to lay down further import procedures relating to the transfer from the border inspection post to the approved quarantine facilities or centres upon entry into the Union in order to ensure that imported birds arrive at the designated approved quarantine facility or centre within a reasonable time period.

(12) Approved quarantine facilities and centres, the list of which is to be published by Member States, should comply with certain minimum conditions.

(13) Certain imports of birds are covered by other Union legislation. Therefore, they should be excluded from the scope of this Regulation.

(14) The animal health risk posed by racing pigeons that are brought into the Union to be released again so that they may fly back to their origin is such that they should be excluded from the scope of this Regulation.

(15) In addition, certain third countries have animal health conditions that are equivalent to those provided for in Union legislation. Therefore, imports of birds from those countries should be excluded from the scope of this Regulation.

(16) Certain derogations should also be considered for those birds found to be infected with low pathogenic avian influenza and Newcastle disease in an approved quarantine facility or centre, in those cases where the occurrence of disease does not pose a risk to the animal health status of the Union.

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

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter This Regulation lays down the animal health conditions for imports of certain birds into the Union, from the third countries and parts thereof referred to in Annex I, and the quarantine conditions for such imports.

Article 2 Scope This Regulation shall apply to animals of the avian species. However, it shall not apply to: (a) poultry; (b) birds imported for conservation programmes approved by the competent authority in the Member State of destination; (c) pet animals referred to in the third paragraph of Article 1 of Directive 92/65/EEC, accompanying their owner; (d) birds intended for zoos, circuses, amusement parks or experiments; (e) birds destined for bodies, institutes or centres approved according to Article 13 of Directive 92/65/EEC; (f) racing pigeons which are introduced to the territory of the Union from a neighbouring third country where they are normally resident and then immediately released with the expectation that they will fly back to that third country; (g) birds imported from Andorra, Liechtenstein, Monaco, Norway, San Marino, Switzerland, and the Vatican City State.

Article 3 Definitions For the purposes of this Regulation, the definitions of Directive 2005/94/EC shall apply except for the definition of poultry in point 4 of Article 2 of that Directive. For the purposes of this Regulation ‘poultry’ means fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (Ratitae) reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for restocking supplies of game. The following definitions shall also apply: (a) ‘birds’ means animals of the avian species other than those referred to in the second paragraph of Article 2; (b) ‘approved breeding establishment’ means: (i) an establishment used exclusively for the breeding of birds; and (ii) that has been inspected and approved by the competent authority of the exporting third country for compliance with the conditions provided for in Article 4 and Annex II; (c) ‘captive bred birds’ means birds that have not been caught in the wild but have been born and bred in captivity from parents that mated or had gametes otherwise transferred in captivity; (d) ‘seamlessly closed leg-ring’ means a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird’s life and which has been commercially manufactured for that purpose; (e) ‘approved quarantine facility’ means premises, other than quarantine centres: (i) in which quarantine of imported birds is carried out; (ii) which has been inspected and approved by the competent authority for compliance with the minimum conditions provided for in Article 6 and Annex IV; (f) ‘approved quarantine centre’ means premises: (i) in which quarantine of imported birds is carried out; (ii) containing a number of units, which are operationally and physically separated from each other and in which each unit contains only birds of the same consignment, with the same health status, and therefore comprises a single epidemiological unit; (iii) which has been inspected and approved by the competent authority for compliance with the minimum conditions provided for in Article 6 and Annex IV; (g) ‘sentinel birds’ means poultry which are to be used as a diagnostic aid during quarantine; (h) ‘diagnostic manual’ means the Diagnostic Manual for avian influenza set out in the Annex to Decision 2006/437/EC.

Article 4 Approved breeding establishments Approved breeding establishments shall comply with the following conditions: (a) the breeding establishment must be approved by the competent authority in accordance with the conditions set out in Annex II, and assigned an approval number; (b) that approval number must have been communicated to the Commission by that authority; (c) the name and approval number of the breeding establishment must appear on a list of breeding establishments drawn up by the Commission; (d) the approval of the breeding establishment must be immediately withdrawn or suspended by the competent authority where it no longer complies with the conditions set out in Annex II and the Commission must be immediately informed thereof.

Article 5 Import conditions Imports of birds shall be authorised only if the birds comply with the following conditions: (a) the birds are captive bred birds; (b) the birds must originate from third countries or parts thereof referred to in Annex I; (c) the birds come from approved breeding establishments that comply with the conditions laid down in Article 4; (d) the birds were subjected to a laboratory virus detection test 7 to 14 days prior to shipment with negative results for any avian influenza and Newcastle disease virus; (e) the birds have not been vaccinated against avian influenza; (f) the birds are accompanied by an animal health certificate in accordance with the model set out in Annex III (the animal health certificate); (g) the birds are identified with an individual identification number by means of a uniquely marked seamlessly closed leg-ring or a microchip in accordance with Article 66(2) of Commission Regulation (EC) No 865/2006 (7); (h) the individual identification number of leg-rings or microchips provided for in point (g) must contain at least the following: — the ISO code of the exporting third country performing the identification, — a unique serial number; (i) the individual identification number provided for in point (g) must be registered on the animal health certificate; (j) the birds are transported in new containers which are individually identified externally with an identification number that must correspond with the identification number indicated on the animal health certificate.

Article 6 Approved quarantine facilities and centres Approved quarantine facilities and centres shall comply with the minimum conditions set out in Annex IV. Each Member State shall draw up and keep up to date a list of approved quarantine facilities and centres and their approval numbers and make it available to the Commission, to the other Member States and to the public.

Article 7 Direct transport of birds to approved quarantine facilities or centres Birds shall be transported directly from the border inspection post to an approved quarantine facility or centre in cages or crates. The total journey time from that post to that quarantine facility or centre must not normally exceed nine hours. When vehicles are used for this journey they shall be sealed by the competent authorities with a tamper proof seal.

Article 8 Attestation Importers or their agents shall provide a written attestation, in an official language of the Member State of entry, and signed by the person responsible for the quarantine facility or centre certifying that the birds will be accepted for quarantine. That attestation shall: (a) clearly indicate the name and address and approval number of the quarantine facility or centre; (b) reach the border inspection post via e-mail or fax prior to time of arrival of the consignment at that post or shall be presented by the importer or his agent before the birds are released from the border inspection post.

Article 9 Transit of birds in the Union Where birds are introduced into the Union via a Member State other than that of destination, all measures shall be taken to ensure that the consignment reaches the intended Member State of destination.

Article 10 Monitoring of the transport of birds 1. Where Union legislation provides for the monitoring of birds from the border inspection post to the approved quarantine facility or centre at the place of destination, the following exchanges of information shall be provided: (a) the official veterinarian responsible for the border inspection post shall notify the competent authority responsible for the approved quarantine facility or centre at the place of destination of the consignment, of the place of origin and the place of destination of the birds via the Traces network; (b) the person responsible for the approved quarantine facility or centre of destination shall notify by e-mail or fax, within one working day of the date of arrival of the consignment at the quarantine facility or centre, the official veterinarian responsible for the approved quarantine facility or centre at the place of destination of the arrival of the consignment at its destination; (c) the official veterinarian responsible for the approved quarantine facility or centre at the place of destination of the consignment shall notify via the Traces network, within three working days of the date of arrival of the consignment at the quarantine facility or centre, the official veterinarian responsible for the border inspection post who notified him of the shipment of the consignment of the arrival of the consignment at its destination. 2. If confirmation is provided to the competent authority responsible for the border inspection post, that the birds declared as being intended for an approved quarantine facility or centre have not arrived at their destination within three working days of the estimated date of arrival of the consignment at the quarantine facility or centre, the competent authority shall take appropriate measures vis-à-vis the person responsible for the consignment.

Article 11 Quarantine provisions 1. The birds shall be quarantined for at least 30 days in an approved quarantine facility or centre (‘the quarantine’). 2. At least at the beginning and the end of quarantine of each consignment, the official veterinarian shall inspect the conditions of quarantine, including an examination of the mortality records and a clinical inspection of the birds in the approved quarantine facility or in each unit of the approved quarantine centre. However, the official veterinarian shall carry out inspections more frequently if required by the disease situation.

Article 12 Examination, sampling and testing to be carried out in relation to a consignment during quarantine 1. The examination, sampling and testing procedures for avian influenza and Newcastle disease, set out in Annex V, shall be carried out following the arrival of the birds in quarantine. 2. When sentinel birds are used a minimum of 10 sentinel birds shall be used in the approved quarantine facility or in each unit of the approved quarantine centre. 3. Sentinel birds used for examination, sampling and testing procedures shall be: (a) at least three weeks old and used only once for those purposes; (b) leg-banded for identification purposes or identified with another non-removable identification; (c) unvaccinated and have been found sero-negative for avian influenza and Newcastle disease within a period of 14 days before the date of commencement of quarantine; (d) placed in the approved quarantine facility or in a unit of the approved quarantine centre before the arrival of the birds in the common airspace and as close as possible to the birds in such a way that close contact between the sentinel birds and the excrements of the birds in quarantine is ensured.

Article 13 Action in case of a suspected disease in an approved quarantine facility or centre 1. If during quarantine in an approved quarantine facility, it is suspected that one or more birds and/or sentinel birds are infected with avian influenza or Newcastle disease, the following measures shall be taken: (a) the competent authority shall place the approved quarantine facility under official supervision; (b) samples for virological examination as set out in point 2 of Annex V shall be taken from those birds and sentinel birds and shall be analysed accordingly; (c) no birds shall enter or leave the approved quarantine facility until the suspicion is ruled out. 2. If the suspicion of avian influenza or Newcastle disease in the affected approved quarantine facility as referred to in paragraph 1 is confirmed, the following measures shall be taken: (a) all birds and sentinel birds in the approved quarantine facility shall be killed and destroyed; (b) the approved quarantine facility shall be cleaned and disinfected; (c) no birds shall enter the approved quarantine facility until 21 days following the final cleaning and disinfection. 3. If during quarantine in an approved quarantine centre, it is suspected that one or more birds and/or sentinel birds in a unit of the quarantine centre are infected with avian influenza or Newcastle disease, the following measures shall be taken: (a) the competent authority shall place the approved quarantine centre under official supervision; (b) samples for virological examination as set out in point 2 of Annex V shall be taken from those birds and sentinel birds and shall be analysed accordingly; (c) no birds shall enter or leave the approved quarantine centre until the suspicion is ruled out. 4. If the suspicion of avian influenza or Newcastle disease in the affected unit of the approved quarantine centre as referred to in paragraph 3 is confirmed, the following measures shall be taken: (a) all birds and sentinel birds in the affected unit of the approved quarantine centre shall be killed and destroyed; (b) the unit concerned shall be cleaned and disinfected; (c) the following samples shall be taken: (i) where sentinel birds are used, not earlier than 21 days following the final cleaning and disinfection of the unit concerned, samples for serological examination as set out in Annex V must be taken from sentinel birds in the other quarantine units; or (ii) where no sentinel birds are used, during 7 to 15 days following the final cleaning and disinfection, samples for virological examination as set out in point 2 of Annex V must be taken from birds in the other quarantine units; (d) no birds shall leave the approved quarantine centre until the results of the sampling provided for in point (c) have been confirmed as negative. 5. Member States shall inform the Commission of any measures taken under this Article.

Article 14 Derogations relating to a positive finding of low pathogenic avian influenza or Newcastle disease in an approved quarantine facility or centre 1. Where during quarantine one or more birds and/or sentinel birds are found to be infected with low pathogenic avian influenza (LPAI) or Newcastle disease, the competent authority may, based on a risk assessment, grant derogations from the measures provided for in Article 13(2)(a) and (4)(a), provided that such derogations do not endanger disease control (the derogation). Member States shall immediately inform the Commission of any such derogations. 2. When an official veterinarian inspects an approved quarantine facility or centre that has been granted a derogation, and one or more of the birds and/or sentinel birds are found to be infected with LPAI or Newcastle disease, the measures set out in paragraphs 3 to 7 shall be complied with. Member States shall immediately inform the Commission of any such measures. 3. In the case of a positive finding of LPAI, instead of the standard samples as provided for in the diagnostic manual, the following samples shall be taken for laboratory testing, 21 days following the date of the last positive finding of LPAI in the approved quarantine facility or from each unit in the approved quarantine centre and at intervals of 21 days: (a) samples of any dead sentinel birds or other birds present at the time of sampling; (b) tracheal/oropharyngeal and cloacal swabs from at least 60 birds or from all birds where there are less than 60 present at the approved quarantine facility or the unit concerned of the approved quarantine centre; or if the birds are small, exotic and not used to being handled or handling them would be dangerous for people, samples of fresh faeces must be collected; the sampling and laboratory testing of such samples must continue until two consecutive negative laboratory results are obtained which must be at least at an interval of 21 days. However, the competent authority may grant derogations from the sample size provided for in this paragraph, based on the outcome of a risk assessment. 4. In the case of a positive finding of Newcastle disease, the competent authority may only grant a derogation provided that in the 30 days following the death or clinical recovery of the last case of that disease, sampling in accordance with points 1 and 2 of Annex V, not taking account of the reference to the time period specified, has been carried out with negative results. 5. Birds shall not be released from quarantine until at least the laboratory testing period provided for in paragraph 3 has elapsed. 6. The approved quarantine facility or the unit concerned of the approved quarantine centre shall be cleaned and disinfected after it has been emptied. Any matter or waste likely to have been contaminated as well as all the waste that has accumulated during the laboratory testing period provided for in paragraph 3 shall be removed in such a way that ensures that the pathogen is not spread, and destroyed in such a way that guarantees the destruction of the virus of LPAI or Newcastle disease present. 7. The repopulation of the approved quarantine facility or centre shall not take place for a period of 21 days following the date of completion of the final cleansing and disinfection as provided for in paragraph 6.

Article 15 Action in case of suspected Chlamydiosis If during quarantine in an approved quarantine facility or centre, it is suspected or confirmed that psittaciformes are infected with Chlamydophila psittaci all birds of the consignment shall be treated by a method approved by the competent authority and the quarantine shall be prolonged for at least two months following the date of the last recorded case.

Article 16 Release from quarantine Birds shall only be released from quarantine in an approved quarantine facility or centre on written authorisation by an official veterinarian.

Article 17 Notification and reporting requirements 1. Member States shall communicate to the Commission within 24 hours any case of avian influenza or Newcastle disease detected in an approved quarantine facility or centre. 2. Member States shall communicate to the Commission the following information on an annual basis: (a) the number of birds imported via approved quarantine facilities and centres per species and per approved breeding establishment of origin; (b) information regarding the mortality rate for imported birds from the animal health certification procedure in the country of origin to the end of the quarantine period; (c) the number of cases of positive findings of avian influenza, Newcastle disease and Chlamydophila psittaci in approved quarantine facilities or centres.

Article 18 Cost relating to quarantine All quarantine costs incurred by the application of this Regulation shall be borne by the importer.

Article 19 Repeal Regulation (EC) No 318/2007 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VII.

Article 20 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 January 2013. For the Commission The President José Manuel BARROSO

(1) OJ L 268, 24.9.1991, p. 56.

(2) OJ L 268, 14.9.1992, p. 54.

(3) OJ L 84, 24.3.2007, p. 7.

(4) See Annex VI.

(5) OJ L 10, 14.1.2006, p. 16.

(6) OJ L 237, 31.8.2006, p. 1.

(7) OJ L 166, 19.6.2006, p. 1.