COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 96 final 
Brussels, 15 March 1993 
REPORT FROM THE COMMISSION TO THE COUNCIL 
on the risks of transmission of Newcastle disease in accordance 
with Article 3 of Directive 91/494/EEC on animal health 
conditions governing intra-Community trade in and 
imports from third countries of fresh poultrymeat 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 90/539/EEC on animal health conditions 
governing intra-Community trade in and imports from 
third countries of poultry and hatching eggs 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 91/494/EEC on animal health conditions 
governing intra-Community trade in and imports from 
third countries of fresh poultrymeat 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The Council adopted in October 1990 Council Directive 90/539/EEC on animal 
health conditions governing intra-Community trade in, and imports from third 
countries of, poultry and hatching eggs and in June 1991 Council Directive 
91/494/EEC on animal health conditions governing intra-Community trade in and 
imports from third countries of fresh poultry meat. The two said Directives 
shall in accordance with Article 35 of Directive 90/539/EEC and Article 20 of 
Directive 91/494/EEC be reviewed before 31 December 1992 in the light of 
proposals concerning the completion of the internal market. Furthermore, in 
accordance with Article 3 of Directive 91/494/EEC a proposal based on a report 
on the risks of transmission of Newcastle disease shall be submitted with 
rules to be applicable from January 1993. 
The scientific Veterinary Committee haâ in September 1992 approved a report on 
the risk of transmission of Newcastle disease and the attached report and 
proposal are based on that report. Account has also been taken of the 
experience gained by Member States as regards the application of Community 
legislation for the operation of poultry establishments approved for intra-
Community trade and it is proposed to clarify certain of the requirements for 
such establishments. 
By adopting Community measures for the control of avian influenza by council 
Directive 92/40/EEC and for the control of Newcastle disease by Council 
Directive 92/66/EEC a basis has been established for a unified standard with 
relation to animal health; this situation has been taken into account in the 
proposed amendments. 
--10--
Report from the Commission to the council on 
the risks of transmission of Newcastle disease 
in accordance with Article 3 of Directive 91/494/EEC on animal health 
conditions governing intra-Community trade in and imports from 
third countries of fresh poultrymeat. 
I. Introduction 
The council adopted in 1990 the Directive 90/539/EEC on animal health 
conditions governing intra-Community trade in, and imports from third 
countries of, poultry and hatching eggs(^) and in 1991 the Directive 
91/494/EEC on animal health conditions governing intra-Community trade in 
and imports from third countries of fresh poultry meat(2). The two 
Directives contain special provisions as regards Newcastle disease, when 
consignments of poultry, hatching eggs or poultry meat are sent from 
Member States or regions of Member States which vaccinate the poultry 
against Newcastle disease to Member states or regions of Member states 
which have been recognised not to apply vaccination. In accordance with 
the provisions of Article 3A.1. of Directive 91/494/EEC trade rules to be 
applied for fresh poultry meat after after 1 January 1993 shall be 
proposed by the commission and the proposal shall be based on a report on 
the risks of transmission of Newcastle disease. 
In the light of the request made by the Council the Commission has invited 
the Scientific Veterinary Committee: 
- to «review the relative risks of introducing Newcastle disease into a 
susceptible poultry population and deliver an opinion on the risks of 
transmission of Newcastle disease 
(1) OJ No L, 303, 31.10.1990, p. 6 
(2) OJ No L, 268, 24.09.1991, p. 35 
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- to recommend vaccines to be used for vaccination of poultry against 
Newcatle disease 
- to recommend a Newcastle disease vaccination programme 
The Scientific Veterinary Committee established a subgroup to perform the 
requested study. The findings of the subgroup were reported to the 
scientific Veterinary Committee and adopted unanimously by the Committee. 
This report has taken into account the opinion given by the scientific 
Veterinary Committee. 
II The risks of transmission of Newcastle disease 
The risks of transmission of Newcastle Disease has been assessed as 
follows : 
1. Introduction of Newcastle disease to a country 
Source of infection Risk of spread 
a) Captive caged birds high risk 
b) wild birds medium risk to poultry on migratory 
routes 
c) Pigeons currently represent a high risk if they 
have access to food, poultry houses or if 
poultry are reared on open range. 
d) Live poultry & hatching 
eggs • Live poultry represent a variable risk 
(low to high), which depends on the 
degree of control at origin and during 
transport. Low for intracommunity trade 
if control measures fully implemented and 
adhered to. 
Hatching eggs represent a low risk if 
correctly fumigated. 
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e) Food Variable risk (low to high), dependent on 
country of origin of food ingredients, type of 
storage and treatment, especially heat 
treatment. 
f) Poultry meat Variable risk (low to high), which depends on 
the degree of control at origin and during 
transport. Low for intracommunity trade if 
control measures fully implemented and adhered 
to. 
g) Table eggs 6 eggs 
products Low risk 
h) Other poultry products Risk will depend on country of origin and 
treatment. High risk if imported from 
countries where Newcastle disease is endemic 
Low risk from Member States if community 
control measures are enforced. 
i) Fertilizers incorporating Should be regarded as high risk unless 
poultry manure adequately treated. 
j) People Medium risk, can be reduced by good 
biosecurity measures at farm level. 
k) Scavenging animals Low risk 
1) Reptiles Low risk 
m) Airborne spread Very low risk, unless poultry flocks.are 
situated close to a border with countries 
where Newcastle disease is enzootic. 
n) Drinking water Low risk 
o) Fomites Normally low risk, however, could be high risk 
from contaminated trains and trucks travelling 
across borders from countries where Newcastle 
disease is enzootic. 
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p) Vaccines Low risk if vaccines used comply with proposed 
Community regulations. 
2. Spread after initial outbreaks occurs 
a) Captive caged birds Very low risk 
b) Wild birds Significant risk, theoretically, in practice 
there is little evidence. Any risk can be 
eliminated by bird proofing of poultry houses 
There is a greater risk to free range birds. 
c) Pigeons currently, a major risk. 
d) Live poultry & hatching 
eggs Live poultry represent a very high risk. 
Hatching eggs a medium risk if proper 
fumigation not carried out. 
e) Food High risk if contamination by feral birds 
possible. Reuse of food from infected premises 
also represents a high risk. 
f) Poultry meat Low risk 
g) Table eggs and egg 
products Low risk 
h) Other•products Low risk if processing carried out in 
accordance with the provisions of Council 
Directive 90/667/EEC which harmonises the 
arrangements for the processing and disposal 
of animal waste. 
i) Fertilisers incorporating Extremely high risk 
poultry manure 
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j) People Following an outbreak unrestrained movement of 
people (regardless of function or status) 
represents an extremely high risk of 
mechanical spread of the virus. 
k) scavenging animals Medium risk 
1) Reptiles Low risk, but should not be ignored where such 
animals are common pests in poultry houses 
m) Airborne spread High risk but dependent on many factors such 
as concentration of poultry flocks, weather, 
virus strain, etc. 
n) Drinking water High risk if source is from surface water and 
used untreated. 
o) Vaccines Low risk if vaccines used comply with 
Community legislation. 
p) Fomites Movement of fomites from infected premises 
without stringent disinfection represents an 
extremely high risk. 
q) Insects Low risk of spread via insects with the 
exception of areas of dense poultry 
populations where insect pests are a serious 
problem. 
III. Vaccination against Newcastle disease 
It is considered that while vaccination remains a policy in the Community a 
medium-term aim should be to produce a vaccine which would enable easy 
distinction between the antibody response to vaccine and field viruses. For 
example, work is currently underway in several laboratories aimed at producing 
vector vaccines able to express the F protein of Newcastle disease virus. 
Such vaccines should mean that serology could be used to detect infections 
with field viruses and enable monitoring of poultry. 
Until such vaccines are available the following recommendations can be given 
as regards the use of vaccines against Newcastle disease: 
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1. Newcastle disease vaccines 
Live vaccines: 
No live vaccine should have an Intracerebral pathogenicity index (ICPI) in 
day old chicks >0.4. 
A single bird vaccine dose should be a minimum of 106 EID50 of virus 
for drinking water or eye drop administration. 
Inactivated vaccines; 
No inactivated vaccine should be derived from a virus with an 
Intracerebral pathogenicity index in day old chicks >0.7, normally there 
would seem no reason to use viruses with an intracerebral pathogenicity 
index >0.4. If the situation arises where it can be clearly demonstrated 
that viruses having an intracerebral pathogenicity index less than 0.7 are 
not available for giving good protection, the homologous virus may be used 
for an inactivated vaccine. 
A single bird dose of inactivated vaccine should contain not less than 50 
PD50. 
2. Vaccination programmes 
At this stage it is not possible to recommend one single vaccination 
programme. In general programmes used shall conform with those tested and 
recommended by the manufacturers. Certain observations however can be 
made about time and method cf application of vaccines, but circumstances 
at country, area or farm level may be contra-indicative. For example, it 
is recognised that a better immune response is obtained by administering 
live vaccine by spray rather than in drinking water, but clearly the 
advene.acje of using this route would be outweighted by the ensuing adverse 
reaction if Mycoplasma or other respiratory pathogens are present-
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Emergency vaccination (Ring vaccination) 
When a decision has been made to ring vaccinate, it is essential that the 
first vaccination is done by spray, preferably with the vaccine re-
suspended in deionised water, subsequent re-vaccinations should be done 
at the discretion of the National Authorities in consultation with the 
Commission. 
Vaccination of racing pigeons 
There should be no distinction between racing pigeons and poultry for 
classical virulent Newcastle disease. Further, it is considered difficult 
to see why the variant Newcastle disease virus which had been causing 
infections of racing pigeon in Europe since 1981 has been treated 
differently when infecting poultry than when infecting pigeons. Different 
types of inactivated vaccines are available for use in pigeons; since 
good protection can be obtained against the variant virus using 
inactivated vaccines derived from Newcastle disease viruses with 
Intracerebral pathogenicity index values <0.7, there is no case for the 
use of homologous inactivated vaccines. 
It appears imperative that an effort is made to eradicate the disease from 
the racing pigeon population. While realising the difficulties involved 
in enforcing control measures in these birds, the following 
recommendations can be given: 
- a policy of compulsory vaccination of racing and show pigeons with an 
inactivated vaccine should be enforced; 
- all birds in a loft should be slaughtered when Newcastle disease virus 
of «intracerebral pathogenicity index >0.7 is isolated from a bird which 
has been present in that loft. 
- no racing pigeons should be able to start in a race unless accompanied 
by a vaccination certificate. 
IV. conclusions and proposed measures 
The provisions of Directive 90/539/EEC and of Directive 91/494/EEC have 
been requested to be reviewed before 31 December 1992 in connection with 
submission of proposals for completing the internal market. During thi.v 
review special attention has been given to: 
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- the opinion delivered by the Scientific Veterinary Committee as regards 
the risks of transmission of Newcastle disease 
- the national measures on disease surveillance and operation of 
establishment approved for intra-Community trade as outined in plans 
presented by Member states and adopted by the commission during 1992 
- Community measures adopted by Council Directive 92/40/EEC introducing 
community measures for the control of Avian Influenzal1) and Council 
Directive 92/66/EEC introducing Community measures for the control of 
Newcastle disease(2). 
The review has lead to the submission of the following proposals annexed 
to this report: 
a) Draft proposal for a Council Directive amending Directive 90/539/EEC 
on animal health conditions governing intra-Community trade in, and 
imports from third countries of, poultry and hatching eggs. 
b) Draft proposal for a Council Directive amending Directive 91/494/EEC 
on animal health conditions governing intra-Community trade in and 
imports from third countries of fresh poultry meat. 
(1) OJ No L 167, 22.06.1992, p. 1 
(2) OJ No L 260, 05.09.1992, p. 1 
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Proposal for a council Directive 
amending Directive 90/539/EEC on animal health conditions 
governing intra-Community trade in and imports from third countries 
.. _ of poultry and hatching eggs 
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 I1), 
Having regard to the opinion of the European Parliament<2), 
Having regard to the opinion of the Economic and Social Committee(3), 
Whereas in the light of developments in the poultry industry with larger and 
more intensive units there is a need to adjust certain aspects of Directive 
90/539/EEC on animal health conditions governing intra-Community trade and 
imports from third countries of poultry and hatching eggs(4) to clarify 
requirements and to simplify its application by Member states; 
Whereas the Council has adopted Directive 92/66/EEC on the control of 
Newcastle disease^5) and Directive 92/40/EEC on the control of Avian 
influenza^6) thus allowing a simplification of Directive 90/539/EEC; 
whereas taking account of the report from the Commission to the Council on the 
risks of transmission of Newcastle disease and the requirements to be met by 
Newcastle disease vaccines, provision should be made for Member States or 
regions to be approved as Newcastle disease non-vaccinating if appropriate. 
However, provision should also be made for this Newcastle disease non-
vaccinating status to be withdrawn if necessary; 
(1) o*J. L 
(2) o.J. L 
(3) o«J.. L 
<4» 0*J« L 303, 31.0*.1990, p. 6 
<5J O.J_ L 260, 05.0».1992, p.I 
(6> 0»J„ L 167, 22.06,1992. p. I 
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Whereas it is necessary to amend the trading rules as applied to third 
countries to ensure they are equivalent to those applied in Member States 
particularly as regards Newcastle disease and Avian influenza; 
HAS ADOPTED THIS DIRECTIVE 
Article 1 
Directive 90/539/EEC is hereby amended as follows: 
1. At Article 2, 3. is replaced by the following: N3. '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;" 
2. At Article 2, 7. is replaced by the following: "7. 'flock' shall mean all 
poultry of the same sanitary 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." 
3. At Article 2.9, (c) is replaced by the following: 
"(c) rearing establishment is either: 
(i) a breeding poultry rearing establishment which is an establishment 
that rears breeding poultry prior to the reproductive stage 
or 
(ii) a productive poultry rearing establishment which is an establishment 
which rears egg laying productive poultry prior to the laying stage." 
4. Article 2. Point 15 is deleted. 
5. Article 5 is replaced by the following: 
• "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, 15 
and 17. They must also satisfy any conditions laid down pursuant to 
Articles 13 and 14. 
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In addition: 
- Hatching eggs must satisfy the conditions 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 and hatching eggs) 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." 
6. At Article 6.1, (c) is replaced by the following: 
"(c) they must not be located in an area which for animal health reasons 
is subject to restrictive measures in accordance with Community 
legislation as a result of the outbreak of a disease to which the poultry 
in question are susceptible." 
7. At Article 6, 2. is replaced by the following: 
"2. a flock which at the time of consignment presents no clinical sign or 
suspicion of contagious poultry disease." 
8. Article 7 is replaced by the following: 
"Article 7 
At the time of consignment from the flock, 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, 
- either have undergone an animal health examination carried out by 
an official veterinarian or an authorized veterinarian during the 
72 hrs. preceding consignment and, at the time of the examination, 
have shown no clinical sign or suspicion of contagious disease 
or 
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have had a monthly health inspection visit by an official 
veterinarian or an authorised veterinarian, the most recent visit 
having been within 31 days of consignment. If this option is 
chosen there must also be an examination by the official 
veterinarian or authorised 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 by the 
person in charge of the flock during the 72 hours preceding 
consignment. In the case where records or other information give 
rise to suspicion of disease, the flocks must have had an animal 
health examination by the official veterinarian or authorised 
veterinarian that has ruled out the possibility of contagious 
poultry disease. 
(2) be marked in accordance with Commission Regulation (EEC) No. 1868/77; 
(3) Before consignment to another Member State hatching eggs must have 
been disinfected in accordance with the instructions of the official 
veterinarian; 
(4) In addition, if contagious poultry diseases which may be transmitted 
through eggs develops in the flock which supplied the hatching eggs 
during the period of their incubation, the hatchery involved and the 
competent authoritie(s) responsible for the hatchery and the flock of 
origin should be notified." 
9. At Article 8, (b) is replaced by the following: 
"(b) satisfy the vaccination conditions in Annex III, if they have been 
vaccinated." 
10. At Article 9, (b) is replaced by the following: 
"(b) satisfy the vaccination conditions in Annex III, if they have been 
vaccinated." 
11. At Article 9, (c) is replaced by the following: 
"(c) have been submitted to a health examination by an official or 
authorized veterinarian during the 48 hours preceding consignment and, at 
the time of the examination, have presented no clinical sign or suspicion 
of contagious poultry disease." 
- 14 -
12. At Article 10, (c) is replaced by the following: 
"(c) where the health examination carried out by the official or 
authorized veterinarian during the 5 days preceding dispatch on the 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." 
13. At Article 10, (d) is replaced by the following: 
"(d) is not located in an area which for animal health reasons is subject 
to restrictive measures in accordance with Community legislation as a 
result of the outbreak of a disease to which the poultry in question 
are susceptible." 
14. After Article 10 a new Article 10A is added as follows : 
"Article 10A 
At the time of the consignment, poultry intended for restocking supplies 
of game 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 
authorized veterinarian during the 48 hours preceding dispatch on the 
flock from which the consignment is to be drawn has not revealed 
within that flock any clinical sign or suspicion of contagious 
poultry disease; 
(d) 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 the poultry in question are 
susceptible." 
15. At Article 11.2. the third indent is replaced with the following: 
"- satisfy the vaccination conditions in Annex III if they have been 
vaccinated;" 
- 15 -
16. At Article 11.2. the filth indent is replaced with the following: 
"- are not located in an area which for animal health reasons is 
subject to restrictive measures in accordance with Community 
legislation as a result of an outbreak of disease to which the poultry 
in question are susceptible." 
17. Article 11.2. last indent is deleted. 
18. At Article 11 a new point 3. is added as follows : 
"3. All birds in the consignment must have been found negative in 
serological tests for Salmonella pullorum et gallinarum antibodies, in 
accordance with Annex II, Chapter III. In the case of hatching eggs or 
day-old chicks, the flock of origin should be tested serologically for 
Salmonella pullorum et gallinarum at a level which gives 95% confidence of 
detecting infection at 5% prevalence. 
19. At Article 12, 2 and 3 are replaced by the following: 
2. If a Member State or region(s) of a Member state wish to be established 
as Newcastle disease non-vaccinating they can present a programme as 
detailed in Article 13.1. 
The Commission shall examine the programmes presented by the Member 
States. The programmes may be approved, in compliance with the criteria 
referred to in Article 13.1, in accordance with the procedure laid down in 
Article 32. Any additional guarantees, general or specific, which may be 
required in intra-Community trade may be defined in accordance with the 
same procedure. 
Once 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-vaccinating status to be 
established in accordance with the procedure laid down in Article 32. 
The elements to be taken into account for determination of an area's 
status as Newcastle disease non-vaccinating shall be the data referred to 
in Article 14(1) and, in particular, the following criteria: 
- vaccination against Newcastle disease in the poultry referred to in 
Article 1 shall not have been authorized for at least the preceding 
12 months, 
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- breeding flocks shall have been serologically monitored at least once 
a year for the presence of Newcastle disease according to the 
detailed rules adopted pursuant to the procedure laid down in 
Article 32, 
- the holdings shall contain no poultry which have been vaccinated 
against Newcastle disease in the previous 12 months. 
3. The Commission may suspend Newcastle disease non-vaccinating status in 
accordance with the procedure laid down in Article 32 in the event of: 
either 
(i) a serious epizootic of Newcastle disease which is not being 
brought under control, 
or 
(ii) the removal of the legislative restrictions prohibiting the 
routine use of Newcastle disease vaccinations. 
4. The conditions referred to in paragraph 1 will be reviewed before 
legislation harmonizing the use of Newcastle Disease vaccines enters 
into force. 
20. At Article 15, 1. is replaced by the following: 
"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 reused provided they are cleaned and 
disinfected beforehand. 
In any event 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 1(2), 
the number of chicks or eggs in each box." 
- 17 
21. In Article 15.3, the third indent is deleted. 
22. In Article 15.4, a new point (c) is added: 
"(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 laid down in this Directive." 
23. In Article 17 the last indent is replaced by: 
"- bears a stamp and a signature of a colour different from that of the 
certificate." 
24. Article 19 is deleted. 
25. Article 22 is replaced by the following: 
"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, are 
legally 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 of 
Directives 92/40/EEC and 92/66/EEC respectively. 
2. The general criteria for classifying third countries in respect to 
paragraph l,b) shall be adopted in accordance with the procedure laid 
down in Article 32. 
3. The Commission may, in accordance with the procedure laid down in 
Article 32, decide under which conditions the provisions of paragraph 1 
may apply to only a part of the territory of third countries. 
Following the same procedure, it may decide in which particular cases 
and under which conditions the Member States can authorize derogations 
to the general principles laid down in paragraph 1. 
4. Third countries or parts thereof which are free from avian influenza or 
Newcastle disease, shall be considered not to loose this status if a 
limited number of outbreaks which are epidemiologically linked together 
appear in a well defined area, provided that: 
- these outbreaks can be eradicated within 3 months and 
- live poultry, hatching eggs or fresh poultry meat cannot leave this 
area except for processing or destruction. 
The commission can, in accordance with the procedure laid down in 
Article 32, impose additional conditions on imports of live poultry and 
hatching eggs from such countries or parts thereof." 
26. In Article 24, (h) is replaced with: 
"(h) bear a stamp and a signature of a colour different from that of the 
certificate". 
27. In Article 32.4, the words "Save where the Council has decided against the 
said measures by a simple majority", are deleted. 
28. In Article 33.4, the words "Save where the Council has decided against the 
said measures by a simple majority", are deleted. 
29. Article 35 is deleted. 
30. In Annex II the national reference laboratory for Denmark is changed to 
the following: 
"National Veterinary Laboratory 
Poultry Disease Division 
Hangevej 2 
DK-8200 Aarhus N. 
31. in Annex IV Model 5, 14, (a) is replaced by : 
"(a) The birds described above comply with the provisions of Articles 10 
and 15 of Council Directive 90/539/EEC." 
32. In Annex IV Model 6, 14, (a) is replaced by : 
"(a) The birds described above apply with the provisions of Article 10A 
and 15 of Directive 90/539/EEC-
- 19 -
Article 2 
1. Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive not 
later than 31 December 1993. They shall forthwith inform the Commission 
thereof. 
When Member States adopt these measures they shall contain a reference to 
this Directive or shall be accompanied by such reference on the occasion 
of their official publication. The methods of making such a reference 
shall be laid down by the Member States. 
2. Member states shall communicate to the commission the texts of the 
provisions of national law which they adopt in the field governed by this 
Directive. 
Article 3 
This Directive is addressed to the Member states. 
Proposal for a Council Directive 
amending Directive 91/494/EEC on animal health conditions 
governing intra-Community trade in and imports from third countries 
of fresh poultry meat 
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 Article 3A1 of Council Directive 91/494/EEC of 26 June 1991 on animal 
health conditions governing intra-Community trade in, and imports from third 
countries of fresh poultry meat(4), lays down the rules for Newcastle disease 
vaccination for flocks of origin of poultry meat destined for Member States or 
regions of Member States the status of which has been recognized in accordance 
with Article 12(2) of Council Directive 90/539/EEC of 15 October 1990 on 
animal health conditions governing intra-Community trade and imports from 
third countries of poultry and hatching eggs(^); 
Whereas it is necessary to lay down the Newcastle disease vaccination rules to 
be applied from 1 January 1993 regarding the trade of fresh poultrymeat into 
Member States or regions of Member states the status of which has been 
recognised in accordance with Article 12.2 of Council Directive 9 0/539/EEC; 
(1) O.J 
(2) O.J 
(3) o.J.... 
(4) O.J. L 268, 24.09.1991, p. 35 
(5) O.J. L 303, 31.10.1990, p. 6 
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Whereas tbe rules to be adopted fro» 1 January 1993 should take into account 
the report on the risks of transmission of Newcastle disease transmitted from 
the Commission to the Council; 
Whereas the Council has adopted Directive 92/66/EEC on the Control of 
Newcastle Disease*6) and Directive 92/40/EEC on the Control of Avian 
Influenza*7) thus allowing a simplification of Directive 91/494/EEC; 
Whereas it is desirable to allow an alternative to the use of the special mark 
defined in Article 5 of Council Directive 91/494/EEC; 
Whereas it is necessary to amend the trading rules as applied to third 
countries to ensure they are equivalent to those applied to Member states 
particularly as regards Newcastle disease and Avian influenza; 
HAS ADOPTED THIS DIRECTIVE 
Article 1 
Directive 91/494/EEC is hereby amended as follows: 
1. In Article 3A, 1 is replaced with the following: 
"1. It has been held in Community territory since hatching or has been 
imported from third countries in accordance with the requirements of 
Chapter III of Directive 90/539/EEC. 
Poultrymeat intended for Member States or regions of Member States 
the status of which has been recognized in accordance with 
Article 12.2 of that Directive must come from poultry which has not 
•been vaccinated against Newcastle disease using an attenuated live 
vaccine during the 30 days preceding slaughter. 
Thir rule shall be reviewed before Community legislation harmonising 
the use of Newcastle disease vaccine enters into force." 
L. 2i,ii, 0 S . 0 y . 1 .' î 2 f p. I 
" \ r, 7 2 2 Qs-- * ^ -, -> ; -, 
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2. In Article 3A,2 - the 2nd indent is replaced with the following: 
"- which is not located in an area which for animal health reasons is 
subject to restrictive measures involving controls on poultry meat in 
accordance with Community legislation as a result of the outbreak of 
disease to which the poultry in question are susceptible." 
3. A new point 3 is added to Article 5: 
"3. However, at the request of a Member state, accompanied by appropriate 
justification and in accordance with the procedure laid down in 
Article 17, specific solutions may be adopted, in particular with 
respect to the marking of the meat referred to in paragraph 1, and 
its subsequent use, and the destination of the processed products." 
4. Article 10 is replaced by the following: 
"Article 10 
1. Fresh poultrymeat must come from countries: 
a) in which avian influenza and Newcastle disease, as defined in 
Council Directives 92/40/EEC and 92/66/EEC respectively, are 
legally notifiable diseases, 
b) which are 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 of 
Directives 92/40/EEC and 92/66/EEC respectively. 
2. The general criteria for classifying third countries in respect ot 
paragraph 1, b) shall be adopted in accordance with the procedure 
laid down in Article 17. 
3. The commission may, in accordance with the procedure laid down in 
Article 17, decide under which conditions the provisions of paragraph 
1 may apply to only a part of the territory of third countries. 
4. Third countries of parts thereof which are free from avian influenza 
or Newcastle disease, shall be considered not to loose this status if 
a limited number of outbreaks which are epidemiologically linked 
together appear in a well defined area, provided that: 
- 24 -
these outbreaks can be eradicated within 3 months and 
live poultry, hatching eggs or fresh poultry meat cannot leave 
this area except for processing or destruction. 
If necessary, the Commission can, in accordance with the procedure 
laid down in Article 17, impose additional conditions on imports of 
live poultry and hatching eggs from such countries or parts thereof." 
5. Article 17 is replaced by the following : 
"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 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 chairman may lay 
down according to the urgency of the matter. The opinion shall be 
delivered by the majority laid down in Article 148(2) of the Treaty 
in the case of decisions which the Council is required to adopt on a 
proposal 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 measures to 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 the 
Commission." 
- 25 -
6. Article 18 is replaced by the following : 
"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 
representation 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 two days. The opinion shall be delivered 
by the majority laid down in Article 148(2) of the Treaty in the case 
of decisions which the Council is required to adopt on a proposal 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 measures 
to 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 
Commission." 
Article 2 
1. Member states shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive not 
later than 31 December 1993. They shall forthwith inform the Commission 
thereof. 
- 26 -
When Member States adopt these measures they shall contain a reference to 
this Directive or shall be accompanied by such reference on the occasion 
of their official publication. The methods of making such a reference 
shall be laid down by the Member states. 
2. Member states shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field governed by this 
Directive. 
Article 3 
This Directive is addressed to the Member States. 
ISSN 0254-1475 
COM (93) 96 final 
DOCUMENTS 
EN io 03 
Catalogue number : CB-CO-93-116-EN-C 
ISBN 92-77-53692-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg