2003/489/EC: Commission Decision of 25 June 2003 concerning protection measures relating to Newcastle disease in Australia (Text with EEA relevance) (notified under document number C(2003) 1948)
Date: 2003-06-25
Institutions: European Commission
Subjects: Australia, animal disease, health certificate, import restriction, originating product, poultry, veterinary inspection

4.7.2003

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Official Journal of the European Union

L 167/37

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 June 2003

concerning protection measures relating to Newcastle disease in Australia

(notified under document number C(2003) 1948)

(Text with EEA relevance)

(2003/489/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

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 Regulation (EC) No 1774/2002 of
the
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (6), as amended by Commis-
sion Regulation (EC) No 808/2003 (7), and in particular Articles
28 and 29 thereof,

(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 273, 10.10.2002, p. 1.
(7) OJ L 117, 13.5.2003, p. 1.

(1)

(2)

(3)

(4)

Due to outbreaks of Newcastle disease in the States of
Victoria and New South Wales, the Commission adopted
Decision 2002/537/EC (8), as amended by Decision
2002/942/EC (9).

That Decision prohibited the importation of live poultry
and hatching eggs, live ratites and hatching eggs, fresh
meat of poultry, ratites, wild and farmed feathered game,
poultrymeat products and meat preparations consisting
of or containing meat from the abovementioned species
from Australia with certain derogations until 1 May
2003.

No further cases of Newcastle disease have been reported
and the Australian authorities have provided epidemiolo-
gical information.

However, as Decision 2002/537/EC has expired, and
until the information provided by the Australian authori-
ties has been fully assessed, it is necessary to continue a
general suspension, subject to specific derogations, on
the importation from the territory of Australia of live
poultry and hatching eggs
live ratites and
fresh meat of poultry, ratites,
hatching eggs thereof,
farmed and wild feathered game, poultrymeat products
and meat preparations consisting of or containing meat
of the abovementioned species.

thereof,

(8) OJ L 173, 3.7.2002, p. 33.
(9) OJ L 325, 30.11.2002, p. 49.

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(5)

(6)

(7)

(8)

(9)

Commission Decision 97/222/EC (1), as last amended by
Decision 2002/464/EC (2),
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 to be applied to the
product depends on the health status of the country of
origin in relation to the species the meat is obtained
from;
it is appropriate to require such treatment for
poultrymeat products originating in Australia.

Regulation (EC) No 1774/2002 is applicable to imports
of raw material for the manufacture of animal feeding-
stuffs and for channelled imports of raw material for the
manufacture of pharmaceutical or technical products.
However, the implementation provisions provided for in
Article 29 of this regulation have not yet been adopted;
in the meantime, as provided for in paragraph 7 of the
said Article, the provisions of Directive 97/78/EC on
control conditions shall apply and the national certifi-
cates remain applicable.

The national certificates for the importation of
the
abovementioned raw materials not intended for human
consumption should conform with Chapter 10 of Annex
I to Council Directive 92/118/EEC (3), as amended by
Commission Decision 2003/42/EC (4).

The provisions of this Decision shall be reviewed in the
light of the information received from the Australian
authorities.

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

in accordance with national models of certificates complying
with the requirements formerly included in Chapter 10 of
Annex I to Directive 92/118/EEC.

Article 2

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

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.

Article 4

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

This Decision shall apply from 7 July 2003.

Article 5

This Decision shall apply until 1 January 2004.

Article 6

Article 7

HAS ADOPTED THIS DECISION:

This Decision is addressed to the Member States.

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 of or containing meat of the abovementioned species
except for raw material fulfilling the certification requirements

Done at Brussels, 25 June 2003.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 98, 4.4.1997, p. 39.
(2) OJ L 161, 19.6.2002, p. 16.
(3) OJ L 62, 15.3.1993, p. 49.
(4) OJ L 13, 18.1.2003, p. 24.

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ANNEX

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