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
Date: 1993-03-15
Institutions: European Commission
Subjects: animal disease, egg, health control, import, intra-EU trade, poultry

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 

- 2 -

- 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. 

- 3 -

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. 

-  4 -

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 

-  5 -

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: 

- 6 -

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 

P D5 0. 

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-

-  7 -

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: 

-  8 -  ---;> -

- 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 

- 10 -

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 

-  11 -

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. 

-  12 -

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 

- 13 -

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, 

- 16 -

- 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 

- 32 -

Whereas  tbe  rules  to  be  adopted  fro»  1  January  1993  should  take  into  account 

the  report  on  the  risks  of  t r a n s m i s s i on  of  N e w c a s t le  disease  transmitted  from 

the  Commission  to  the  C o u n c i l; 

W h e r e as  t he  C o u n c il  h as  adopted  D i r e c t i ve  92/66/EEC  on  the  C o n t r ol  of 

N e w c a s t le  D i s e a s e *6)  and  Directive  92/40/EEC  on  the  C o n t r ol  of  A v i an 

I n f l u e n z a *7)  thus  allowing  a  simplification  of  D i r e c t i ve  9 1 / 4 9 4 / E E C; 

W h e r e as  it  is  d e s i r a b le  to  a l l ow  an  a l t e r n a t i ve  to  the  use  of  the  special  m a rk 

defined  in  A r t i c le  5  of  C o u n c il  D i r e c t i ve  9 1 / 4 9 4 / E E C; 

W h e r e as  it  is  necessary  to  amend  the  trading  rules  as  a p p l i ed  to  third 

c o u n t r i es  to  ensure  they  are  equivalent  to  those  applied  to  Member  states 

p a r t i c u l a r ly  as  r e g a r ds  N e w c a s t le  d i s e a se  and  A v i an  i n f l u e n z a; 

HAS  A D O P T ED  THIS  D I R E C T I VE 

A r t i c le  1 

D i r e c t i ve  91/494/EEC  is  hereby  amended  as  f o l l o w s: 

1. 

In  A r t i c le  3A, 1  is  r e p l a c ed  w i th  t he  following: 

" 1.  It  has  been  held  in  Community  territory  since  hatching  or  has  been 

imported  from  third  countries  in  accordance  w i th  the  requirements  of 

Chapter  III  of  D i r e c t i ve  9 0 / 5 3 9 / E E C. 

P o u l t r y m e at  intended  for  Member  States  or  r e g i o ns  of  Member  States 

the  status  of  w h i ch  has  been  r e c o g n i z ed  in  a c c o r d a n ce  w i th 

A r t i c le  12.2  of  t h at  Directive  m u st  c o me  from  p o u l t ry  w h i ch  has  not 

•been  v a c c i n a t ed  a g a i n st  N e w c a s t le  disease  using  an  a t t e n u a t ed  live 

v a c c i ne  during  the  30  days  p r e c e d i ng  s l a u g h t e r. 

Thir  rule  shall  be  r e v i e w ed  before  Community  l e g i s l a t i on  harmonising 

t he  use  of  N e w c a s t le  disease  v a c c i ne  e n t e rs  into  f o r c e ." 

L.  2i,ii, 
" 

0 S . 0 y . 1 .'  î  2 f  p. I 
\  r, 7  2 2  Qs--  *  ^  -, ->  ;  -, 

- 23 -

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 

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ISBN 92-77-53692-6 

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