Proposal for a Council Decision concerning protection measures relating to Newcastle disease in the United States of America
Date: 2003-01-15
Institutions: European Commission
Subjects: United States, animal disease, health certificate, import (EU), poultry, poultry farming, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.01.2003
COM(2003) 3 final

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.

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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.

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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 countries1, 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/EEC2, as last
amended by Directive 96/43/EC3, 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 in and imports from third countries of fresh poultrymeat4,
as  last  amended  by  Directive  1999/89/EC5,  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 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/EEC6, as last amended by Commission Decision 2001/7/EC7, and in particular Article
10(3) thereof,

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.

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OJ L 24, 30.1.1998, p. 9.
OJ L 268, 24.9.1991, p. 56.
OJ L 162, 1.7.1996, p. 1.
OJ L 268, 24.9.1991, p. 35.
OJ L 300, 23.11.1999, p. 17.
OJ L 62, 15.3.1993, p. 49.
OJ L 2, 5.1.2001, p. 27.

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(2)

(3)

(4)

(5)

(6)

(7)

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Council  Directive  82/894/EEC  of  21  December  1982  on  the  notification  of  animal
diseases  within  the  Community8,  as  last  amended  by  Commission  Decision
2002/788/EC9,  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.

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.

Commission  Decision  94/984/EC10,  as  last  amended  by  Decision  2002/477/EC11,
Commission  Decision  96/482/EC12,  as  last  amended  by  Decision  2002/542/EC13,
Commission  Decision  2000/585/EC14,  as  last  amended  by  Decision  2002/646/EC15,
Commission  Decision  2000/609/EC16,  as  last  amended  by  2000/782/EC17  and
Commission  Decision  2001/751/EC18  as  last  amended  by  Decision  2002/789/EC19
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.

The  certificates  for  meat  products  and  meat  preparations  consisting  of  or  containing
poultry meat are laid down in Commission Decisions 97/221/EC20 and 2000/572/EC21
and make reference to the animal health requirements set out in Decision 94/984/EC
for fresh poultry meat.

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
products22.

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.

OJ L 378, 31.12.1982, p. 58.
OJ L 274, 11.10.2002, p. 33.
OJ L 378, 31.12.1994, p. 11.
OJ L 164, 22.6.2002, p. 39.
OJ L 196, 7.8.1996, p. 13.
OJ L 176, 5.7.2002, p. 43.
OJ L 251, 6.10.2000, p. 1.
OJ L 211, 7.8.2002, p. 23.
OJ L 258, 12.10.2000, p. 49.
OJ L 309, 9.12.2000, p. 37.
OJ L 281, 25.10.2001, p. 24.
OJ L 274, 11.10.2002, p. 36.
OJ L 89, 4.4.1997, p. 32.
OJ L 240, 23.9.2000, p. 19.
Council Decision 98/258/EC of 16 March 1998 published in the OJ L118, 21.4.1998, p. 1.

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(8)

(9)

(10)

(11)

Commission Decision 97/222/EC23, as last amended by Decision 2002/464/EC24, 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.

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.

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.

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

HAS ADOPTED THIS DECISION:

Article 1

1.

2.

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.

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

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

Article 2

a)

b)

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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;

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;

OJ L 89, 4.4.1997, p. 39.
OJ L 161, 19.6.2002, p. 16.

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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.

1.

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

Article 3

(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/…./ECA“.

(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“.

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.

Reference to the present Decision.

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2.

A

                                                
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.

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

Article 5

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

Article 6

Article 7

This Decision is addressed to the Member States.

Done at Brussels,

For the Council
The President

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US-1:

ANNEX

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

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