Council Directive 1999/90/EC of 15 November 1999 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: 1999-11-15
Institutions: Council of the European Union
Subjects: egg, import, intra-EU trade, poultry, third country

23. 11. 1999

EN

Official Journal of the European Communities

L 300/19

COUNCIL DIRECTIVE 1999/90/EC

of 15 November 1999

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 UNION,

conferred on the Commission (6) to modify Directive
90/539/EEC,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

HAS ADOPTED THIS DIRECTIVE:

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 12(1) of Council Directive 90/539/EEC of 15
October 1990 on animal health conditions governing
intra-Community trade in and imports from third coun-
tries of poulty and hatching eggs (4) lays down the rules
which apply to poultry and hatching eggs destined for
Member States or regions of Member States, the status
of which has been recognised in accordance with Article
12(2) of the said Directive;

Commission Decision 93/152/EEC of 8 February 1993
laying down the criteria for vaccines to be used against
Newcastle disease in the context of routine vaccinations
programmes (5) applies from 1 January 1995;

It is appropriate, as a result, to modify Council Directive
90/539/EEC,

in particular Article 12 thereof;

Article 11 of
for practical
the Directive provides,
reasons, for a special regime for the intracommunity
trade in very small consignments of poultry; whereas
trade in ratites should, however, be included in the
general provisions of the Directive;

It is appropriate to amend the trading rules as applied to
third countries by introducing the possibility of drawing
up supplementary rules for imports of poultry and
hatching eggs, which offer animal health guarantees at
least equivalent to those laid down in Chapter II of
Directive 90/539/EEC and furthermore contain provi-
sions for the establishing of quarantine measures;

(6)

is appropriate, moreover,

It
in the light of Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers

(1) OJ C 15, 20.1.1996, p. 13.
(2) OJ C 261, 9.9.1996, p. 187.
(3) OJ C 153, 28.5.1996, p. 46.
(4) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 1994

Act of Accession.

(5) OJ L 59, 12.3.1993, p. 35.

Article 1

Directive 90/539/EEC is hereby amended as follows:

1. In Article 11, the following paragraph shall be added as

follows:

‘3.
The provisions of paragraphs 1 and 2 shall not apply
to consignments containing ratites or hatching eggs of
ratites.’;

2. Article 12(1) shall be replaced by the following:

‘1.
In the case of consignments of poultry and hatching
eggs from Member States or regions of Member States
which vaccinate the poultry referred to in Article 1 against
Newcastle disease to a Member state or region of a Member
State, the status of which has been established in accordance
with paragraph 2 below, the following rules shall apply:

(a) hatching eggs must come from flocks which are:

— not vaccinated, or

— vaccinated using inactivated vaccine, or

— vaccinated using a live vaccine, provided that vacci-
nation has taken place at least 30 days before the
collection of the hatching eggs;

(b) day-old chicks (including chicks intended for restocking
supplies of game) must not be vaccinated against
Newcastle disease, and must come from:

— hatching eggs satisfying the conditions in (a), and

— a hatchery where working practice ensures that such
eggs are incubated at completely separate times and
locations from eggs not satisfying the conditions in
(a);

(c) breeding and productive poultry must:

— not be vaccinated against Newcastle disease, and

— have been isolated for 14 days before consignment,
at either a holding or a quarantine station under the
supervision of
In this
connection, no poultry at the holding of origin or
quarantine station, as applicable, may have been
vaccinated against Newcastle disease during the 21
days preceding consignment and no bird which is

the official veterinarian.

(6) OJ L 184, 17.7.1999, p. 23.

L 300/20

EN

Official Journal of the European Communities

23. 11. 1999

not due for consignment may have entered the
holding or the quarantine station during that time;
in addition, no vaccination may be carried out in the
quarantine stations, and

from the Commission. The votes of the
on a proposal
representatives of the Member States within the Committee
shall be weighted in the manner set out in that Article. The
chairman shall not vote.

— have undergone, during the 14 days preceding
consignment, representative serological testing, with
negative results, to detect Newcastle disease antibo-
dies
in accordance with detailed rules adopted
pursuant to the procedure laid down in Article 32;

(d) slaughter poultry must come from flocks which:

— if not vaccinated against Newcastle disease, satisfy

the requirements in the third indent of (c),

— if vaccinated have undergone, during the 14 days
preceding consignment and on the basis of a repres-
entative sample, a test to isolate Newcastle disease
virus complying with detailed rules adopted in
accordance with the procedure laid down in Article
32.’;

3. Article 12(4) shall be deleted;

4. Article 26(2) shall be replaced by the following:

‘2.
The Commission may, in accordance with the proce-
dure laid down in Article 32, determine that the imported
poultry, hatching eggs or poultry hatched from imported
eggs is to be kept quarantined or isolated for a period which
may not exceed two months.’

The Commission shall adopt the measures envisaged if
3.
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, acting by qualified majority, shall act on
5.
the proposal within three months of the date of referral.

If, within that period, the Council
indicates by qualified
majority that it opposes the proposal, the Commission shall
reconsider it. It may present an amended proposal to the
Council, re-submit the same proposal or present a legislative
proposal on the basis of the Treaty.

If the Council has not adopted the proposed implementing
measures or has not
indicated its opposition to the
proposed implementing measures by the expiry of the time
limit, they shall be adopted by the Commission.

(*) OJ L 255, 18.10.1968, p. 23.’;

7. Article 33 shall be replaced by the following:

5. The following Article shall be added:

‘Article 33

‘Article 27a

Notwithstanding Articles 20, 22, 23 and 24, the Commis-
sion may, in accordance with the procedure laid down in
Article 32, decide to permit on a case-by-case basis the
importation of poultry and hatching eggs from third coun-
tries where such imports do not conform to the provisions
of Articles 20, 22, 23 and 24. Detailed rules for such
importation shall be drawn up concomitantly with the same
procedure. Such rules shall offer animal health guarantees at
least equivalent to the animal health guarantees offered by
Chapter II of this Directive, involving compulsory quaran-
tine and testing for Avian Influenza, Newcastle disease and
any other relevant disease.’;

6. Article 32 shall be replaced by the following:

‘Article 32

The Commission shall be assisted by the Standing
1.
68/
established
Veterinary Committee
361/EEC (*), composed of representatives of the Member
States and chaired by the representative of the Commission.

by Decision

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 205(2) of the Treaty in the
case of decisions for which the Council is required to adopt

The Commission shall be assisted by the Standing
1.
68/
established
Veterinary Committee
361/EEC, composed of
the Member
representatives of
States and chaired by the representantives of the Commis-
sion.

by Decision

2.
The representantive 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 205(2)
the Treaty in the case of decisions for which the
of
from the
Council
Commission. The votes of
the
Member States within the Committee shall be weighted in
the manner set out in that Article. The chairman shall
not vote.

is required to adopt on a proposal

the representatives of

The Commission shall adopt the measures envisaged
the

they are in accordance with the opinion of

3.
if
Committee.

If

the measures envisaged are not

4.
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.

5.
The Council, acting by qualified majority, shall act
on the proposal within 15 days of the date of referral.

23. 11. 1999

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Official Journal of the European Communities

L 300/21

it opposes the proposal,

indicates by qualified
If, within that period, the Council
majority that
the Commission
shall reconsider it. It may present an amended proposal
to the Council, resubmit the same proposal or present a
legislative proposal on the basis of the Treaty.

If
the Council has not adopted the proposed imple-
menting measures or has not indicated its opposition to
the proposed implementing measures by the expiry of the
they shall be adopted by the Commisision.’
time limit,

tion. 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 shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 2

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 1 July 2000. They shall
forthwith
inform the Commission thereof.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 15 November 1999.

they shall
When Member States
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publica-

these measures

adopt

For the Council

The President

K. HEMILÄ