2002/537/EC: Commission Decision of 2 July 2002 concerning protection measures relating to Newcastle disease in Australia (Text with EEA relevance) (notified under document number C(2002) 2448)
Date: 2002-07-02
Institutions: European Commission
Subjects: Australia, animal disease, egg, health certificate, health control, import, poultry, poultry farming, veterinary inspection

3.7.2002

EN

Official Journal of the European Communities

L 173/33

COMMISSION DECISION

of 2 July 2002

concerning protection measures relating to Newcastle disease in Australia

(notified under document number C(2002) 2448)

(Text with EEA relevance)

(2002/537/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

or circumstance liable to present a serious threat to
animal or public health manifests itself or spreads.

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,

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,

Having regard to Council Directive 91/494/EEC of 26 June
1991 on animal health conditions governing intra-Community
trade 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,

Having regard to Council Directive 92/118/EEC of 17
December 1992 laying down animal health and public health
requirements governing trade
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 Decision 2001/
7/EC (7), and in particular Article 10(3) thereof,

in and imports

Whereas:

(1)

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

(1) OJ L 24, 31.1.1998, p. 9.
(2) OJ L 268, 24.9.1991, p. 56.
(3) OJ L 162, 1.7.1996, p. 1.
(4) OJ L 268, 24.9.1991, p. 35.
(5) OJ L 300, 23.11.1999, p. 17.
(6) OJ L 62, 15.3.1993, p. 49.
(7) OJ L 2, 5.1.2001, p. 27.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

of

notification

Council Directive 82/894/EEC of 21 December 1982 on
the
the
animal
diseases within
Community (8),
amended by Commission
Decision 2000/556/EC (9),
certain contagious
animal diseases,
such as Newcastle disease, which
present a risk to the Community herd, notably by their
spread as a result of trade and imports.

lists

last

as

Australia has confirmed an outbreak of Newcastle
disease on 13 May 2002 in a poultry layer flock in the
State of Victoria.

reported that

Australia has
the virulent Newcastle
disease virus found in the current outbreak is almost
identical to the virus which has caused severe outbreaks
in 1998 to 2000 in the State of New South Wales
neighbouring the State of Victoria.

These previous outbreaks were due to an endemic aviru-
lent strain of Newcastle disease virus that had become
virulent due to mutation.

The results of a survey carried out in late 2000 have
shown serological evidence of exposure to Newcastle
disease virus in most regions of Australia, but it was
reported that no virulent viruses were isolated from
seropositive farms.

The re-occurrence of virulent Newcastle disease virus
and the results of the survey in the light of the new
outbreak suggest that virulent Newcastle disease viruses
might nevertheless be circulating in Australia's poultry
flocks.

The epidemiological situation and the control strategy
envisaged by the Australian authorities needs to be clari-
fied.

(8) OJ L 378, 31.12.1982, p. 58.
(9) OJ L 235, 19.9.2000, p. 27.

L 173/34

EN

Official Journal of the European Communities

3.7.2002

(9)

(10)

as

Decision 94/984/EC (10), as last amended by Decision
2001/659/EC (11), Decision 96/482/EC (12),
last
amended by Decision 2002/183/EC (13), Decision 97/
221/EC (14), Decision 2000/572/EC (15), Decision 2000/
585/EC (16), as last amended by Decision 2002/219/
EC (17), Decision 2000/609/EC (18), as last amended by
Decision 2000/782/EC (19), and Commission Decision
2001/751/EC (20)
respectively require that Australian
veterinary authorities, before dispatching live poultry
and hatching eggs, live ratites and hatching eggs, fresh
meat of poultry, ratites, farmed and wild feathered game,
poultrymeat products and poultrymeat preparations,
certify that Australia is free from Newcastle disease. The
Australian veterinary authorities have informed the
Commission that they have therefore suspended all certi-
fication following this last outbreak.

In order to protect the Community and for the sake of
clarity and transparency, until a reassessment of the
possible risks related to imports of poultry and poultry-
meat products from Australia under the current situa-
tion has been carried out, it is necessary to implement a
general suspension, subject to specific derogations, on
the importation from the territory of Australia of live
poultry and hatching eggs thereof,
live ratites and
hatching eggs thereof,
fresh meat of poultry, ratites,
farmed and wild feathered game, poultrymeat products
and meat preparations consisting of or containing meat
of the abovementioned species.

(11) Decision 2000/609/EC lays down animal and public
health conditions and veterinary certification for imports
of farmed ratite meat and authorises imports also from
countries infected with Newcastle disease under certain
conditions. Therefore, a specific certificate should be
drawn up to authorise imports of ratite meat for human
consumption with additional
requirements including
testing for Newcastle disease of slaughter ratites prior to
dispatch of the meat to the Community.

the country of origin in relation to the species the meat
is obtained from. Therefore it is necessary to amend the
required treatment for poultrymeat products originating
in Australia.

For the purpose of this Decision meat of poultry, farmed
and wild feathered game and ratites refers to meat for
human consumption and excludes raw material for the
manufacture of animal feedingstuffs and pharmaceutical
or technical products for channelled imports.

The provisions of this Decision shall be reviewed in the
light of the disease evolution and the further informa-
tion received from the Australian authorities.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(13)

(14)

(15)

HAS ADOPTED THIS DECISION:

Article 1

Member States shall prohibit the importation from the territory
of Australia of live poultry and hatching eggs, live ratites and
hatching eggs, fresh meat of poultry, ratites, farmed and wild
feathered game, poultrymeat products and meat preparations
consisting or containing meat of the abovementioned species
except for raw material fulfilling the requirements of Chapter
10 of Annex I to Council Directive 92/118/EEC.

Article 2

By derogation from Article 1 fresh ratite meat shall be author-
ised for imports under the requirements set out in the animal
health certificate in the Annex to this Decision.

(12)

Commission Decision 97/222/EC (21), as last amended
by Decision 2002/184/EC (22), 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 transmis-
sion via such products. The treatment that has to be
applied to the product depends on the health status of

Article 3

By derogation from Article 1 Member States shall authorise the
importation of poultrymeat products, when the poultrymeat
contained in the meat product has undergone a specific treat-
ment referred to under B, C or D in part IV of the Annex to
Decision 97/222/EC.

(10) OJ L 378, 31.12.1994, p. 11.
(11) OJ L 232, 30.8.2001, p. 19.
(12) OJ L 196, 7.8.1996, p. 13.
(13) OJ L 61, 2.3.2002, p. 56.
(14) OJ L 89, 4.4.1997, p. 32.
(15) OJ L 240, 23.9.2000, p. 19.
(16) OJ L 251, 6.10.2000, p. 1.
(17) OJ L 72, 14.3.2002, p. 27.
(18) OJ L 258, 12.10.2000, p. 9.
(19) OJ L 309, 9.12.2000, p. 37.
(20) OJ L 281, 25.10.2001, p. 24.
(21) OJ L 89, 4.4.1997, p. 39.
(22) OJ L 61, 2.3.2002, p. 61.

Article 4

shall
By derogation from Article 1 Member States
1.
authorise the importation of fresh meat of poultry, ratites,
farmed and wild feathered game, poultrymeat products and
poultrymeat preparations consisting or containing meat of the
abovementioned species, which have been obtained from birds
slaughtered before 13 May 2002.

3.7.2002

EN

Official Journal of the European Communities

L 173/35

In the veterinary certificates accompanying consignments,
2.
as referred to in paragraph 1 the following words as appro-
priate to the species shall be included:

‘Fresh poultrymeat/Fresh ratite meat/Fresh meat of wild
game birds/Fresh meat of farmed game birds/poultrymeat
product/poultrymeat preparation (*)
in accordance with
Decision 2002/537/EC.

(*) Delete as appropriate.’

Article 5

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

This Decision shall apply from 6 July 2002.

Article 6

Article 7

This Decision shall apply until 1 December 2002.

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 2 July 2002.

For the Commission

David BYRNE

Member of the Commission

L 173/36

EN

Official Journal of the European Communities

3.7.2002

ANNEX

3.7.2002

EN

Official Journal of the European Communities

L 173/37

L 173/38

EN

Official Journal of the European Communities

3.7.2002