2003/67/EC: Council Decision of 28 January 2003 concerning protection measures relating to Newcastle disease in the United States of America and derogating from Commission Decisions 94/984/EC, 96/482/EC, 97/221/EC, 2000/572/EC, 2000/585/EC, 2000/609/EC and 2001/751/EC
Date: 2003-01-28
Institutions: Council of the European Union
Subjects: United States, animal disease, health certificate, import, poultry, poultry farming

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 January 2003

concerning protection measures relating to Newcastle disease in the United States of America and
derogating from Commission Decisions 94/984/EC, 96/482/EC, 97/221/EC, 2000/572/EC, 2000/585/
EC, 2000/609/EC and 2001/751/EC

(2003/67/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

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 (4), and in particular Article 10(3)
thereof,

Having regard to the proposal of the Commission (5),

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,

Whereas:

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 (2), 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 poultry-
meat (3), 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 Commu-
said requirements
nity of products not

to the

subject

(1)

(2)

(3)

The veterinary authorities of
the United States of
America confirmed outbreaks of Newcastle disease since
1 October 2002 in poultry flocks in the State of Cali-
fornia and in Nevada on 17 January 2003.

Council Directive 82/894/EEC of 21 December 1982 on
the notification of animal diseases within the Commu-
nity (6) 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.

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive

96/43/EC (OJ L 162, 1.7.1996, p. 1).

(3) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive

1999/89/EC (OJ L 300, 23.11.1999, p. 17).

(4) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).

(5) Proposal of 17.1.2003 (not yet published in the Official Journal).
(6) OJ L 378, 31.12.1982, p. 58. Directive as last amended by Commis-

sion Decision 2002/788/EC (OJ L 274, 11.10.2002, p. 33).

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(4)

(5)

(6)

to be applied after

Commission Decision 94/984/EC of 20 December 1994
laying down animal health conditions and veterinary
certificates for the importation of
fresh poultrymeat
from certain third countries (1), Commission Decision
96/482/EC of 12 July 1996 laying down animal health
conditions and veterinary certificates for the importation
of poultry and hatching eggs other than ratites and eggs
from third countries including animal health
thereof
such importation (2),
measures
Commission Decision 2000/585/EC of 7 September
2000 laying down animal and public health conditions
and veterinary certifications for import of wild and
farmed game meat and rabbit meat from third coun-
tries (3), Commission Decision 2000/609/EC of 29
September 2000 laying down animal and public health
conditions and veterinary certification for imports of
farmed ratite meat (4) and Commission Decision 2001/
751/EC 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 (5) respectively require that the veter-
inary 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 Decision 97/221/EC of 28 February
1997 laying down the animal health conditions and
model veterinary certificates in respect of imports of
meat products from third countries (6) and Commission
Decision 2000/572/EC of 8 September 2000 laying
down animal and public health conditions and veter-
inary certification for imports of minced meat and meat
preparations from third countries (7) and make reference
to the animal health requirements set out in Decision
94/984/EC for fresh poultry meat.

have

the United States of
The veterinary authorities of
America
regionalisation
communicated
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 products (8).

their

(1) OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision

2002/477/EC (OJ L 164, 22.6.2002, p. 39).

(2) OJ L 196, 7.8.1996, p. 13. Decision as last amended by Decision

2002/542/EC (OJ L 176, 5.7.2002, p. 43).

(3) OJ L 251, 6.10.2000, p. 1. Decision as last amended by Decision

2002/646/EC (OJ L 211, 7.8.2002, p. 23).

(4) OJ L 258, 12.10.2000, p. 49. Decision as last amended by Decision

2000/782/EC (OJ L 309, 9.12.2000, p. 37).

(5) OJ L 281, 25.10.2001, p. 24. Decision as last amended by Decision

2002/789/EC (OJ L 274, 11.10.2002, p. 36).

(6) OJ L 89, 4.4.1997, p. 32.
(7) OJ L 240, 23.9.2000, p. 19.
(8) OJ L 118, 21.4.1998, p. 3.

(7)

(8)

It is possible to regionalise the territory of the United
States of America for live poultry and poultry meat
exports to the Community.

Commission Decision 97/222/EC of 28 February 1997
laying down the list of third countries from which the
Member States authorise
the importation of meat
products (9) 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 poul-
trymeat products originating in the restricted parts of
the United States of America to those treated by a
temperature of at
the
product.

least 70 ° Celsius throughout

(9)

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.

(10)

The provisions of this Decision will be reviewed in the
light of the disease evolution and further information
received from the authorities of the United States of
America.

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

1. 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 in, or come from, the region
of the United States of America as described in the Annex.

2.
Imports of the products referred to in paragraph 1 origi-
nating in, or coming from, other parts of the United States of
America shall be prohibited.

(9) OJ L 89, 4.4.1997, p. 39. Decision as last amended by Decision

2002/464/EC (OJ L 161, 19.6.2002, p. 16).

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Article 2

(b) ‘Live poultry or hatching eggs in accordance with Council

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

(a) 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;

(b) fresh meat of poultry, ratites, farmed and wild feathered
for the manufacture of
game intended as raw material
animal
technical
feedingstuffs, and pharmaceutical or
products, where such raw materials meet the requirements
of Chapter 10 of Annex I to Directive 92/118/EEC;

(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.

Article 3

1.
By way of derogation from Commission Decisions 94/
984/EC, 96/482/EC, 97/221/EC, 2000/572/EC, 2000/585/EC,
2000/609/EC and 2001/751/EC in the health certificate
provided by:
(a) Commission Decision 94/984/EC for fresh poultrymeat

originating in the United States of America,

(b) Commission Decision 96/482/EC for

live poultry or

hatching eggs originating in the United States of America,
(c) Commission 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,

(d) Commission Decision 2000/572/EC for meat preparations
consisting of or containing meat of poultry, ratites and
farmed and wild feathered game originating in the United
States of America,

(e) Commission Decision 2000/585/EC for

fresh meat of
farmed and wild feathered game originating in the United
States of America,

(f) Commission Decision 2000/609/EC for fresh ratite meat

originating in the United States of America,

(g) Commission Decision 2001/751/EC for live ratites or their
hatching eggs originating in the United States of America,

the following terms shall be inserted respectively:
(a) ‘Fresh poultrymeat in accordance with Council Decision

2003/67/EC’;

Decision 2003/67/EC’;

(c) ‘Meat products in accordance with Council Decision 2003/

67/EC’;

(d) ‘Meat preparation in accordance with Council Decision

2003/67/EC’;

(e) ‘Fresh meat of farmed/wild (delete as appropriate) feathered
game in accordance with Council Decision 2003/67/EC’;

(f) ‘Fresh ratite meat
2003/67/EC’;

in accordance with Council Decision

(g) ‘Live ratites or hatching eggs in accordance with Council

Decision 2003/67/EC’.

2. Member States must verify that in those animal health
certificates where freedom from Newcastle disease must be
attested the regional code ‘US-1’ has been inserted.

Article 4

Member States shall amend the measures they apply to imports
to make them comply with this Decision. They shall give
immediate appropriate publicity to the measures adopted.

They shall immediately inform the Commission thereof.

Article 5

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

Article 6

This Decision shall enter into force on the third day following
that of its publication in the Official Journal of the European
Communities.

It shall apply from the date of its entry into force until 1 June
2003.

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 28 January 2003.

For the Council

The President

G. DRYS

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US-1:

The territory of the United States of America except for the States of California, Nevada and Arizona.

ANNEX