2001/751/EC: Commission Decision of 16 October 2001 laying down animal health conditions and veterinary certification for imports of live ratites and hatching eggs thereof from third countries including animal health measures to be applied after such importation, amending Commission Decision 95/233/EC drawing up a list of third countries from which the Member States authorise imports of live poultry and hatching eggs and amending Commission Decision 96/659/EC on protective measures in relation to Crimean Congo haemorrhagic fever (Text with EEA relevance) (notified under document number C(2001) 3074)
Date: 2001-10-16
Institutions: European Commission
Subjects: egg, health certificate, health control, import, poultry, third country

L 281/24

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Official Journal of the European Communities

25.10.2001

COMMISSION

COMMISSION DECISION

of 16 October 2001

laying down animal health conditions and veterinary certification for imports of live ratites and
hatching eggs thereof from third countries including animal health measures to be applied after
such importation, amending Commission Decision 95/233/EC drawing up a list of third countries
from which the Member States authorise imports of live poultry and hatching eggs and amending
Commission Decision 96/659/EC on protective measures in relation to Crimean Congo haemor-
rhagic fever

(notified under document number C(2001) 3074)

(Text with EEA relevance)

(2001/751/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/539/EEC of 15 October
1990 on animal health conditions governing intra-Community
trade in, and imports from third countries of poultry and
hatching eggs (1), as last amended by Decision 2000/505/EC (2),
and in particular Articles 21(1), 23(1), 24(2), 26(2) and 27a
thereof,

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 and
amending Directives 89/662/EEC, 90/425/EEC and 90/
675/EEC (3), as last amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 10
thereof,

Whereas:

(1)

(2)

Commission Decision 96/482/EC (4) established animal
the
health conditions and veterinary certificates for
importation of poultry and hatching eggs thereof from
third countries, excluding ratites and hatching eggs
thereof due to the biological differences between these
birds and other poultry species.

Based on the opinion of
the Scientific Veterinary
Committee and on the information provided by the
import conditions for
exporting countries concerned,
ratites and hatching eggs thereof can now be laid down.

(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.

Council Regulation (EEC) No 2782/75 of 29 October
1975 on the production and marketing of eggs for
hatching and of farmyard poultry chicks (5) lays down
the requirements for marking of hatching eggs and its
implementing Commission Regulation (EEC) No 1868/
77 (6) laying down detailed rules of application in partic-
ular concerning marking of hatching eggs and the
requirements with respect to identification, shall apply
to hatching eggs of ratites.

Commission Decision 96/659/EC of 22 November 1996
concerning protective measures in relation to Crimean
Congo haemorrhagic fever (7), as
last amended by
Decision
97/183/EC (8),
States
importing ratites from Asia or Africa, unless extra guar-
antees are provided in relation to Crimean Congo
haemorrhagic fever; with a view to ensure a consistent
implementation,
its requirements should be integrated
into this Decision.

prohibits Member

In order to avoid repetition of requirements in different
legal acts, Decision 96/659/EC should be amended
insofar as to exclude ratites covered by this present
Decision from the scope of Decision 96/659/EC.

For reasons of consistency Decision 96/659/EC should
also be amended with regard to ratite meat insofar as to
exclude ratite meat covered by Commission Decision
2000/609/EC (9), as last amended by Decision 2000/
782/EC (10).

(4)

(5)

(6)

(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 309, 9.12.2000, p. 37.

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Official Journal of the European Communities

L 281/25

(7)

(8)

(9)

(10)

(11)

(12)

in the
According to Decision 96/659/EC, on arrival
Community live ratites originating from countries in
Asia or Africa shall be treated for ecto-parasites;
according to Article 15(4)(b) of Directive 90/539/EEC,
slaughter poultry must also be conveyed without delay
the health risk
to the slaughterhouse of destination;
related to treatment and the time delay related to testing
therefore prevents the import of ratites for slaughter
from countries in Asia or Africa.

animals during

Council Directive 91/628/EEC of 19 November 1991 on
the protection of
and
amending Directives 90/425/EEC and 91/496/EEC (1),
as last amended by Directive 95/29/EC (2), must be
taken into consideration when establishing the certi-
fication conditions for live ratites from third countries.

transport

A list of third countries allowed to use the certificates
for imports of live ratites must be established to achieve
complete harmonisation of the conditions for import of
this list
live ratites; given the guarantees provided,
should include,

inter alia, Tunisia.

list of third
This list must be based on the principal
countries from which Member States authorise imports
of live poultry and hatching eggs as it is drawn up by
Commission Decision 95/233/EC (3), as last amended
by Decision 96/619/EC (4).

Tunisia is, up to now, not included in the principal list
drawn up by Decision 95/233/EC;
country,
however, has not given the necessary guarantees to be
included in that list and Decision 95/233/EC must be
amended accordingly.

this

according

to Commission Decision

To use the certificates for live ratites the countries or
parts thereof must have given sufficient guarantees to be
considered as free from avian influenza and Newcastle
93/
disease
342/EEC (5), as last amended by Decision 94/438/
EC (6), or apply measures to control them which are at
least equivalent to those laid down in Council Directive
92/66/EEC (7), as last amended by the Act of Accession
of Austria, Finland and Sweden, or offer animal health
guarantees, which are at least equivalent to those offered
by Chapter II of Directive 90/539/EEC.

(13)

The countries or parts thereof appearing on the list to
use the certificates for live ratites have given the neces-
sary guarantees listed above.

(1) OJ L 340, 11.12.1991, p. 17.
(2) OJ L 148, 30.6.1995, p. 52.
(3) OJ L 156, 7.7.1995, p. 76.
(4) OJ L 276, 29.10.1996, p. 18.
(5) OJ L 137, 8.6.1993, p. 24.
(6) OJ L 181, 15.7.1994, p. 35.
(7) OJ L 260, 5.9.1992, p. 1.

(14)

The Czech Republic, Israel and Switzerland apply meas-
ures to control Newcastle disease, which are at least
equivalent to those laid down in Directive 92/66/EEC.

(15) Namibia and South Africa have given the necessary
guarantees to control Newcastle disease by offering
animal health guarantees at least equivalent to those
offered by Chapter II of Directive 90/539/EEC so that
imports of live ratites other than those for slaughter can
be allowed under the conditions laid down in the corre-
sponding certificates in this Decision, and these coun-
tries have submitted to the Commission a satisfactory,
statistically based sampling plan for surveillance for
Newcastle disease on holdings from which farmed ratites
will be sent for export to the EC.

(16)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

HAS ADOPTED THIS DECISION:

Article 1

The provisions of this Decision shall apply to imports of ratites
and hatching eggs thereof as defined in paragraphs 1 and 2 of
Article 2 of Directive 90/539/EEC.

Article 2

1. Member States shall authorise imports of:

(a) ratites for breeding and production, conforming to the
requirements laid down in one of the model animal health
certificates set out as Model A and as Model B in Annex II;

(b) hatching eggs of ratites, conforming to the requirements
laid down in one of the model animal health certificates set
out as Model C and as Model D in Annex II;

(c) day-old chicks of ratites, conforming to the requirements
laid down in one of the model animal health certificates set
out as Model E and as Model F in Annex II;

(d) slaughter ratites, conforming to the requirements laid down
in the model animal health certificates set out as Model G
and as Model H in Annex II,

provided that the ratites or hatching eggs come from third
countries or parts thereof listed in the appropriate column of
Annex I, that they meet the requirements of the corresponding
health certificate set out in Annex II and are accompanied by
the relevant certificate, duly completed and signed.

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Official Journal of the European Communities

25.10.2001

Ratites for breeding and production, hatching eggs and
2.
day-old chicks of ratites must come from establishments which
have been approved by the competent authority of the third
country concerned according to requirements which are at least
equivalent to those laid down in Annex II to Directive 90/
539/EEC, where the approval of those establishments has not
been suspended or withdrawn.

3. Member States shall authorise the importation of:

(a) live ratites only when they are identified with neck-tags
and/or microchips which must include the ISO code of the
country of origin; microchips must be in accordance with
ISO standards;

(b) hatching eggs of ratites only when they are marked with a
stamp indicating the ISO code of the country and the
approval number of the establishment. Furthermore after
the import control the consignment must be transported
directly to its final destination. Such marking shall be in
conformity with the general requirements for marketing of
eggs laid down in Article 6 of Regulation (EEC) No 2782/
75, as last amended and its implementing Regulation (EEC)
No 1868/77;

(c) hatching eggs and day-old chicks of ratites, only when their
the
packaging is marked indicating the ISO code of
country, the approval number of the establishment and
when their packaging bears the information clearly visible
and readable indicating that the consignment contains this
specific product.

Article 3

After

1.
importation, breeding or productive ratites or
day-old chicks of ratites shall be kept in isolation on the
holding(s) of destination either for a period of at least six weeks
from the day of arrival or until the day of slaughter if they are
slaughtered before the six weeks have elapsed.

After their importation as hatching eggs,

2.
the ratites
hatched from those eggs shall be kept in isolation for a period
of at least three weeks from the day of hatching in the hatchery
or in the holding(s)
to which they have been sent after
hatching.

3.
During the periods mentioned in paragraphs 1 and 2 as
relevant and during the hatching of the eggs, the imported
ratites or eggs and the ratites hatched from such eggs shall be
kept separately from non-imported ones and from other
poultry. Therefore, the ratites shall be kept in houses where no
other ratite or other poultry flocks are present and the eggs
must be hatched in separate incubators and hatchers.

4.
By way of derogation from paragraph 3, Member States
may authorise imported ratites or eggs to be added to ratites or
other poultry or eggs respectively which are already present in

the housing or incubator/hatcher. In that event, the periods
specified in paragraphs 1 and 2 as relevant start from the
introduction of the last imported bird or egg respectively and
none of the birds shall leave the housing before the end of this
period.

5.
If the ratites come from countries in Asia or Africa on
arrival in the Community they shall be treated to ensure that all
ecto-parasites on them are destroyed. Fourteen days following
the treatment each and every ratite shall be subjected to the
competitive ELISA test
for antibodies to Crimean Congo
haemorrhagic fever. Each ratite giving a positive result to the
test shall be destroyed. Every contact bird shall be retested by
ELISA 21 days after the original sampling and if any of those
birds give a positive result the whole contact group shall be
destroyed.

If the ratites or hatching eggs from which chicks are
6.
hatched originate from a country considered infected with
Newcastle disease,

(a) the isolation facilities referred to in paragraphs 1 and 2 as
relevant must be checked and agreed by the competent
authority before the isolation period begins;

(b) during the time periods referred to in paragraph 1 and 2 as
relevant, a virus isolation test for Newcastle disease shall be
carried out from either cloacal swabs or faeces samples
from each bird;

(c) if the ratites are destined for a Member State or region from
which the status has been established in accordance with
Article 12(2) of Directive 90/539/EEC, in addition to the
virus isolation test a serological test shall be carried out on
each bird;

(d) negative results of the test must be available before any

bird is released from isolation.

7.
The ratites must undergo a clinical examination by an
official veterinarian and where necessary samples must be
taken to monitor their state of health, at least at the end of the
periods specified in paragraphs 1 and 2 as relevant.

8.
The periods mentioned in paragraph 1 and 2 as relevant
shall be extended in the case of suspicion of avian influenza,
Newcastle disease or Crimean Congo haemorrhagic fever until
the suspicion has been ruled out.

Article 4

If the ratites, the hatching eggs and day old chicks and/or their
flocks of origin are to be submitted to testing according to the
requirements of the certificates laid down in Annex II, the
sampling for testing and the testing itself must be executed
according to the protocols laid down in Decision 92/340/EEC,
if applicable.

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Official Journal of the European Communities

L 281/27

Article 5

‘TN

Tunisia

x

’

Article 1 of Decision 96/659/EC is replaced by the following
Article:

Article 7

‘Article 1

The Member States shall prohibit the importation of live
ratites other than those covered by Decision 2001/751/EC
from countries in Africa and Asia and the importation of
ratite meat other than that covered by Decision 2000/
609/EC from countries in Africa and Asia.’

Article 6

In Annex I and in Annex II of Decision 95/233/EC the
following new line is inserted in accordance with the alphabetic
order of the ISO code:

This Decision shall apply for consignments certified as from 1
January 2002.

This Decision is addressed to all Member States.

Article 8

Done at Brussels, 16 October 2001.

For the Commission

David BYRNE

Member of the Commission

List of third countries or parts of third countries which are allowed to export live ratites or hatching eggs
thereof to the European Union

ANNEX I

ISO Code

Country

Parts of the territory

Breeding and production
ratites

Hatching eggs of ratites

Day-old-chicks of ratites

Slaughter ratites

AU

Australia

BR-1

Brazil

CA

CH

CL

CY

CZ

HR

HU

IL

NA

NZ

PL

RO

SI

SK

TN

US

ZA

Canada

Switzerland

Chile

Cyprus

Czech Republic

Croatia

Hungary

Israel

Namibia

New Zealand

Poland

Romania

Slovenia

Slovak Republic

Tunisia

United States of America

South Africa

The States of Rio Grande do Sul, Santa
Catarina, Paranà, São Paulo and Mato Grosso
do Sul

A

A

A

A

A

A

A

A

A

A

B

A

A

A

A

A

A

A

B

C

C

C

C

C

C

C

C

C

C

D

C

C

C

C

C

C

C

D

E

E

E

E

E

E

E

E

E

E

F

E

E

E

E

E

E

E

F

G

G

G

G

G

G

G

G

G

—

—

G

G

G

G

G

—

G

—

L

2
8
1
/
2
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

.

2
5
1
0
2
0
0
1

.

25.10.2001

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ANNEX II

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