Proposal for a COUNCIL DECISION concerning protection measures relating to Newcastle disease in the United States of America

(presented by the Commission)

EXPLANATORY MEMORANDUM

The veterinary authorities of the United States of America have informed the Commission on 4 October 2002 about outbreaks of Newcastle disease on their territory in the State of California (urban area of Los Angeles).

Newcastle disease is a contagious disease in poultry and is listed as a "list A disease" by the O.I.E. If it spreads it can cause major losses to the poultry industry. Council Directive 92/66/EEC foresees strict measures to control the disease including movement restrictions for live poultry and poultry products.

Certificates for live poultry, fresh poultry meat and other poultry products foresee certification of freedom from Newcastle disease for the country of origin. As outbreaks have occurred on the US territory exports cannot take place any longer from the entire territory of the United States of America. The main export of the US affected by these restrictions is the trade in hatching eggs and day old chicks of parent and grandparent stock.

In the case of an outbreak the authorities of the affected country have to take all measures to prevent the spread of disease and if they believe that the disease can be contained within a part of their territory they can make a proposal for regionalisation and provide the necessary data to the Commission.

After evaluation of this data it is the Commission's view, that the competent US veterinary authorities have now provided satisfactory guarantees, so that the current export restrictions can be limited to the State of California.

The Veterinary agreement signed by the EC and the US explicitly provides for regionalisation in the control of animal diseases with the objective of minimising the negative impact on trade whilst ensuring a high level of animal health protection.

The proposed measures were submitted for advice to the Member States during the meeting of the Standing Committee on the Food Chain and Animal Health on 14 January 2003.

The results of the vote were as follows:

In favour: Belgium, Denmark, Finland, Greece, Ireland, Italy, Luxembourg, Portugal, Sweden, United Kingdom, The Netherlands.

Abstention: Germany, because it considered that there was a lack in mutual recognition of regionalisation from the part of the USA.

Spain is concerned about the procedure for the proposal of the Commission and would like to have a longer period of reflection in order to allow a more profound evaluation of the epidemiological situation, which has deteriorated lately.

France considered it necessary that additional information should be obtained in the light of the recent disease evolution in the US.

Against: Austria deems the guarantees given by the US authorities to be insufficient from a technical point of view.

As a qualified majority was not obtained, the Commission shall submit to the Council a proposal relating to the measures to be taken. The Council shall react within 15 days after referral of the document to the Council.

Proposal for a COUNCIL DECISION concerning protection measures relating to Newcastle disease in the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries [1], and in particular Article 22(1) thereof,

[1] OJ L 24, 30.1.1998, p. 9.

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 [2], as last amended by Directive 96/43/EC [3], and in particular Article 18(1) thereof,

[2] OJ L 268, 24.9.1991, p. 56.

[3] OJ L 162, 1.7.1996, p. 1.

Having regard to 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 poultrymeat [4], as last amended by Directive 1999/89/EC [5], and in particular Article 11(1), Article 12(2), Article 14(1) and Article 14a thereof,

[4] OJ L 268, 24.9.1991, p. 35.

[5] OJ L 300, 23.11.1999, p. 17.

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (1), to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC [6], as last amended by Commission Decision 2001/7/EC [7], and in particular Article 10(3) thereof,

[6] OJ L 62, 15.3.1993, p. 49.

[7] OJ L 2, 5.1.2001, p. 27.

Having regard to the proposal of the Commission,

Whereas:

(1) The veterinary authorities of the United States of America have confirmed two outbreaks of Newcastle disease on 1 October 2002 in poultry flocks in the State of California.

(2) Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community [8], as last amended by Commission Decision 2002/788/EC [9], lists certain contagious animal diseases, such as Newcastle disease, which may endanger the Community animal health status, notably by their spread as a result of trade and imports.

[8] OJ L 378, 31.12.1982, p. 58.

[9] OJ L 274, 11.10.2002, p. 33.

(3) According to the provisions of Directives 97/78/EC and 91/496/EEC measures shall be taken if, in the territory of a third country, a disease referred to in Directive 82/894/EEC or other diseases or any other phenomenon or circumstance liable to present a serious threat to animal or public health manifests itself or spreads.

(4) Commission Decision 94/984/EC [10], as last amended by Decision 2002/477/EC [11], Commission Decision 96/482/EC [12], as last amended by Decision 2002/542/EC [13], Commission Decision 2000/585/EC [14], as last amended by Decision 2002/646/EC [15], Commission Decision 2000/609/EC [16], as last amended by 2000/782/EC [17] and Commission Decision 2001/751/EC [18] as last amended by Decision 2002/789/EC [19] respectively require that the veterinary authorities of the United States of America, before dispatching live poultry and hatching eggs, live ratites and hatching eggs, fresh meat of poultry, ratites, farmed and wild feathered game certify that the United States of America are free from Newcastle disease. The veterinary authorities of the United States of America had therefore to suspend all certification following that outbreak.

[10] OJ L 378, 31.12.1994, p. 11.

[11] OJ L 164, 22.6.2002, p. 39.

[12] OJ L 196, 7.8.1996, p. 13.

[13] OJ L 176, 5.7.2002, p. 43.

[14] OJ L 251, 6.10.2000, p. 1.

[15] OJ L 211, 7.8.2002, p. 23.

[16] OJ L 258, 12.10.2000, p. 49.

[17] OJ L 309, 9.12.2000, p. 37.

[18] OJ L 281, 25.10.2001, p. 24.

[19] OJ L 274, 11.10.2002, p. 36.

(5) The certificates for meat products and meat preparations consisting of or containing poultry meat are laid down in Commission Decisions 97/221/EC [20] and 2000/572/EC [21] and make reference to the animal health requirements set out in Decision 94/984/EC for fresh poultry meat.

[20] OJ L 89, 4.4.1997, p. 32.

[21] OJ L 240, 23.9.2000, p. 19.

(6) The veterinary authorities of the United States of America have communicated their regionalisation measures to the Commission in accordance with the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products [22].

[22] Council Decision 98/258/EC of 16 March 1998 published in the OJ L118, 21.4.1998, p. 1.

(7) The guarantees provided satisfy the need to ensure that the disease does not spread from the infected area to other areas, and therefore it is possible to regionalise the territory of the United States of America for live poultry and poultry meat exports to the European Community.

(8) Commission Decision 97/222/EC [23], as last amended by Decision 2002/464/EC [24], lays down the list of third countries from which Member States may authorise the importation of meat products and establishes treatment regimes in order to lower the risk of disease transmission via such products. The treatment that has to be applied to such products depends on the health status of the country of origin in relation to the species the meat is obtained from; therefore it is necessary to restrict imports of poultry meat products originating in the restricted parts of the United States of America to those treated by a temperature of at least 70° Celsius throughout the product.

[23] OJ L 89, 4.4.1997, p. 39.

[24] OJ L 161, 19.6.2002, p. 16.

(9) Sanitary control measures applicable to such products allow the exclusion from the scope of this Decision of channelled imports of raw material for the manufacture of animal feedingstuffs and pharmaceutical or technical products.

(10) The provisions of this Decision shall be reviewed in the light of the disease evolution and further information received from the authorities of the United States of America.

(11) The Standing Committee on the Food Chain and Animal Health has not given a favourable opinion.

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall only authorise the importation from the United States of America of live poultry and hatching eggs thereof, live ratites and hatching eggs thereof, fresh meat of poultry, ratites, farmed and wild feathered game, meat products and meat preparations consisting of or containing meat of any of those species, if they originate or come from the region of the United States of America as described in the Annex to this Decision.

2. Imports of the products referred to in paragraph 1 originating or coming from other parts of the United States of America shall be prohibited.

Article 2

By derogation from Article 1 paragraph 2, Member States shall authorise the importation of the following:

a) meat products, where the meat of poultry, ratites, farmed and wild feathered game contained in the meat product has undergone one of the specific treatments referred to in B, C or D of Part IV of the Annex to Decision 97/222/EC;

b) fresh meat of poultry, ratites, farmed and wild feathered game intended as raw material for the manufacture of animal feedingstuffs, and pharmaceutical or technical products, where such raw materials fulfil the requirements of Chapter 10 of Annex I to Directive 92/118/EEC;

c) fresh meat of poultry, ratites, farmed and wild feathered game, meat products and meat preparations consisting of or containing meat of these species provided that the meat was obtained from birds slaughtered before 1 October 2002.

Article 3

1. The following words shall be inserted in the animal health certificate provided for in

(a) Decision 96/482/EC, for live poultry or hatching eggs originating in the United States of America:

"Live poultry or hatching eggs in accordance with Commission Decision 2002/..../EC [25]".

[25] Reference to the present Decision.

(b) Decision 2001/751/EC, for live ratites or their hatching eggs originating in the United States of America:

"Live ratites or hatching eggs in accordance with Commission Decision 2002/..../ECA";

(c) Decision 94/984/EC, for fresh poultry meat originating in the United States of America:

"Fresh poultry meat in accordance with Commission Decision 2002/..../ECA";

(d) Decision 2000/585/EC, for fresh meat of farmed and wild feathered game originating in the United States of America:

"Fresh meat of farmed/wild (delete as appropriate) feathered game in accordance with Commission Decision 2002/..../ECA";

(e) Decision 2000/609/EC, for fresh ratite meat originating in the United States of America:

"Fresh ratite meat in accordance with Commission Decision 2002/..../ECA";

(f) Decision 97/221/EC, for meat products consisting of or containing meat of poultry, ratites and farmed or wild feathered game originating in the United States of America:

"Meat product in accordance with Commission Decision 2002/..../ECA";

(g) Decision 2000/572/EC, for meat preparations consisting of or containing meat of poultry, ratites, farmed and wild feathered game originating in the United States of America:

"Meat preparation in accordance with Commission Decision 2002/..../ECA".

2. Member States must verify that in those animal health certificates where freedom for Newcastle disease must be attested the regional code "US-1" has been inserted.

Article 4

The Member States shall amend the measures they apply to imports to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 5

This Decision shall be reviewed in the light of the evolution of the Newcastle disease situation in the United States of America.

Article 6

This Decision shall apply from day/month/year [Insert 3 days after publication in the Official Journal] until 1 June 2003.

Article 7

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

US-1:

The territory of the United States of America with the exception the State of California.