2003/810/EC: Commission Decision of 17 November 2003 amending Decisions 94/984/EC, 2000/609/EC, 2001/751/EC in relation to imports of fresh poultrymeat, farmed ratite meat, live ratites and hatching eggs thereof from third countries with respect to Australia (Text with EEA relevance) (notified under document number C(2003) 4117)
Date: 2003-11-17
Institutions: European Commission
Subjects: Australia, egg, fresh meat, health certificate, import, live animal, originating product, poultrymeat, veterinary inspection

22.11.2003

EN

Official Journal of the European Union

L 305/11

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 17 November 2003

amending Decisions 94/984/EC, 2000/609/EC, 2001/751/EC in relation to imports of fresh poultry-
meat, farmed ratite meat, live ratites and hatching eggs thereof from third countries with respect
to Australia

(notified under document number C(2003) 4117)

(Text with EEA relevance)

(2003/810/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

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 806/2003/EC (2),
and in particular Articles 23 and 24 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), as last amended by Directive 1999/89/EC (4), and in
particular Articles 11 and 12, 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-
nity of products not subject to the said requirements laid down
in specific Community rules referred to in Annex A(1) to Direc-
tive 89/662/EEC and, as regards pathogens, to Directive 90/
425/EEC (5), as last amended by Commission Decision 2003/
721/EC (6), and in particular Article 10(3) thereof,

(1)

(2)

(3)

Commission Decision 94/984/EC of 20 December 1994
laying down animal health conditions and veterinary
fresh poultrymeat
certificates for the importation of
from third countries (7), as last amended by Decision
2002/477/EC (8), provides for health conditions and
veterinary certificates for imports of fresh poultrymeat.
Two different health attestations, models A and B, are
set out. Their use depends on the Newcastle disease
situation in the third country concerned.

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 amending Decision 94/85/EC drawing up a list of
third countries from which the Member States authorise
fresh poultrymeat (9), as last amended by
imports of
Decision 2003/573/EC (10), lays down animal and public
health conditions and veterinary certificates for imports
of fresh meat of farmed ratites containing two different
health attestations, models A and B. The attestation to
be used takes into account the Newcastle disease situa-
tion in the third country concerned.

Commission Decision 2001/751/EC (11), as last amended
by Decision 2002/789/EC (12),
lays down the animal
health conditions and veterinary certificates for imports
of live ratites and hatching eggs. The model health certi-
ficate to be used takes into account
the Newcastle
disease situation in the third country concerned.

(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 268, 24.9.1991, p. 35.
(4) OJ L 300, 23.11.1999, p. 17.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 260, 11.10.2003, p. 21.

(7) OJ L 378, 31.12.1994, p. 11.
(8) OJ L 164, 22.6.2002, p. 39.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 194, 1.8.2003, p. 89.
(11) OJ L 281, 25.10.2001, p. 24.
(12) OJ L 274, 11.10.2002, p. 36.

L 305/12

EN

Official Journal of the European Union

22.11.2003

Australia has experienced several outbreaks of Newcastle
disease in particular in the States of Victoria and New
South Wales since 1998.

(11)

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,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 94/984/EC is replaced by the text in
Annex I to this Decision.

Article 2

Annex I to Decision 2000/609/EC is replaced by the text in
Annex II to this Decision.

Article 3

By derogation from the Articles 1 and 2 Member States may
still authorise imports of fresh meat of poultry and farmed
ratites by using the model A certificates foreseen in Decisions
94/984/EC and 2000/609/EC until 31 May 2004, if

— the meat has been obtained from birds which have been

slaughtered before 13 May 2002, and

— in the veterinary certificates accompanying consignments of
fresh meat of poultry and farmed ratites the following
words as appropriate to the species shall be included:
‘Fresh poultrymeat/Fresh ratite meat (*) in accordance with
Article 3 of Decision 2003/810/EC.

(*) Delete as appropriate.’

Article 4

Annex I to Decision 2001/751/EC is replaced by Annex III to
this Decision.

Decision 2003/489/EC is hereby repealed.

Article 5

This Decision is addressed to the Member States.

Article 6

Done at Brussels, 17 November 2003.

For the Commission

David BYRNE

Member of the Commission

(4)

(5)

(6)

(7)

(8)

(9)

Since mid-November 2002 no further outbreaks of
Newcastle disease have been notified in Australia and on
the 26 June 2003 the Australian veterinary authorities
declared Australia free of that disease to the OIE (Office
International des Epizooties).

The Newcastle disease situation in Australia has been
complicated by the fact
that an endemic lentogenic
strain of Newcastle disease virus appears to be circu-
lating in Australia, which has shown the capacity to
mutate into a velogenic strain. Australia is currently
changing its control strategy for Newcastle disease from
a non-vaccinating, ND-free country to a vaccinating
country.

According to information received from the Australia
live vaccines against Newcastle
Veterinary Authorities,
Disease are used which do not comply with Community
legislation. It is therefore necessary to amend Decisions
94/984/EC, 2000/609/EC, and 2001/751/EC in relation
to imports of fresh poultrymeat, farmed ratite meat, live
ratites and hatching eggs thereof from third countries
with respect to Australia taking into account the evolu-
tion of
situation for Newcastle
the epidemiological
disease and the use of such live vaccines.

The Commission has adopted several Commission Deci-
sions in relation to those outbreaks of Newcastle disease,
in particular, Decision 2002/537/EC of 2 July 2002
concerning protection measures relating to Newcastle
disease in Australia (1), as amended by Decision 2002/
942/EC (2), which applied from 6 July 2002 to 1
December 2002. Lastly, Commission Decision 2003/
489/EC of 25 June 2003 concerning protection
measures relating to Newcastle disease in Australia (3),
which applies until 1 January 2004.

Given the certification requirements laid down in the
present Decision, the safeguard measures provided for in
Decision 2003/489/EC are no longer required and Deci-
sion 2003/489/EC should be repealed accordingly.

(10) However,

the Australian veterinary authorities have
requested to be granted a derogation for fresh meat of
poultry, ratites, farmed and wild feathered game, poultry
meat products and poultry meat preparations consisting
or containing meat of
the abovementioned species,
which have been obtained from birds slaughtered before
13 May 2002 as foreseen by Decision 2002/537/EC
before the epidemic started.

(1) OJ L 173, 3.7.2002, p. 33.
(2) OJ L 325, 30.11.2002, p. 49.
(3) OJ L 167, 4.7.2003, p. 37.

22.11.2003

EN

Official Journal of the European Union

L 305/13

ANNEX I

‘ANNEX I

List of third countries or parts of third countries which are allowed to use the certificates laid down in Annex
II for imports of fresh poultrymeat into the European Union

Note: the characters A and B refer to the models established in part 2 of Annex II.

ISO code

Country

Parts of the territory

Model certificate
to be used
(A or B)

Distrito Federal and the States of Goiás, Minas Gerais,
Mato Grosso, Mato Grosso do Sul, Paraná, Rio
Grande do Sul, Santa Catarina and São Paulo

The municipality of Shanghai excluding the county of
Chongming and the districts of Weifang, Linyi and
Qingdao in the Province of Shandong

AR

AU

BG

Argentina

Australia

Bulgaria

BR-1

Brazil

CA

CH

CL

CN-1

Canada

Switzerland

Chile

China

CY

CZ

HR

HU

IL

LI

NZ

PL

RO

SI

SK

TH

TN

US

Cyprus

Czech Republic

Croatia

Hungary

Israel

Lithuania

New Zealand

Poland

Romania

Slovenia

Slovak Republic

Thailand

Tunisia

United States of America

A

B

A

A

A

A

A

B

A

A

A

A

A

A

A

A

A

A

A

A

A

A’

L 305/14

EN

Official Journal of the European Union

22.11.2003

ANNEX II

‘ANNEX I

List of third countries or parts of third countries which are allowed to export farmed ratite meat to the
European Union

ISO code

Country

Parts of the territory

Model certificate
to be used (A or
B)

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

AR

AU

BG

Argentina

Australia

Bulgaria

BR-1

Brazil

BW

CA

CH

CL

CY

CZ

HR

HU

IL

LI

NA

NZ

PL

RO

SI

SK

TH

TN

US

ZA

Botswana

Canada

Switzerland

Chile

Cyprus

Czech Republic

Croatia

Hungary

Israel

Lithuania

Namibia

New Zealand

Poland

Romania

Slovenia

Slovakia

Thailand

Tunisia

United States of America

South Africa

ZW

Zimbabwe

A

B

A

A

B

A

A

A

A

A

A

A

A

A

B

A

A

A

A

A

A

A

A

B

B’

22.11.2003

EN

Official Journal of the European Union

L 305/15

ANNEX III

‘ANNEX I

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

ISO code

Country

Parts of the territory

Breeding and
production
ratites

Hatching
eggs of
ratites

Day-old-
chicks of
ratites

Slaughter
ratites

AU

BW

Australia

Botswana

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, Paraná, São Paulo and Mato
Grosso do Sul.

B

B

A

A

A

A

A

A

A

A

A

B

A

A

A

A

A

A

A

B

D

D

C

C

C

C

C

C

C

C

C

D

C

C

C

C

C

C

C

D

F

F

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

—’