Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (Text with EEA relevance)
Date: 2007-03-23
Institutions: European Commission
Subjects: animal disease, bird, health certificate, import (EU), third country, veterinary inspection

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COMMISSION REGULATION (EC) No 318/2007

of 23 March 2007

laying down animal health conditions for imports of certain birds into the Community and the
quarantine conditions thereof

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
89/662/EEC,
90/425/EEC and 90/675/EEC (1), and in particular the second
subparagraph of Article 10(3) and the first subparagraph of
Article 10(4) thereof,

amending Directives

countries

and

Having regard to Council Directive 92/65/EEC of 13 July 1992
laying down animal health requirements governing trade and
imports into the Community of animals, semen, ova and
embryos not subject to animal health requirements laid down
in specific Community rules referred to in Annex A(I)
to
Directive 90/425/EEC (2) and in particular Article 17(2)(b) and
Article 17(3) and the first and fourth indents of Article 18(1),

Whereas:

(1)

(2)

Commission Decision 2000/666/EC of 16 October 2000
laying down the animal health requirements and the
veterinary certification for the import of birds, other
than poultry and the conditions for quarantine (3) lays
to
animal health requirements
down the
imports of
as
certain birds, other
specified
quarantine
in
requirements for such birds.

relating
than poultry,

that Decision,

and

the

Following the outbreaks of highly pathogenic avian
influenza of
the Asian lineage in South-East Asia in
the Commission adopted several Decisions
2004,
banning amongst other commodities
the import of
birds, other than poultry, from affected third countries.

(3)

Following the spread of avian influenza of the Asian
lineage to Europe by migratory birds and the case of

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

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive
2004/68/EC (OJ L 139, 30.4.2004, p. 321) corrected by (OJ L 226,
25.6.2006, p. 128).

(3) OJ L 278, 31.10.2000, p. 26. Decision as last amended by Decision

2002/279/EC (OJ L 99, 16.4.2002, p. 17).

avian influenza of the Asian lineage detected in a quar-
antine facility in the United Kingdom, Commission
Decision 2005/760/EC of 27 October 2005 concerning
certain protection measures
in relation to highly
pathogenic avian influenza in certain third countries for
captive birds (4) was adopted. That
the
Decision suspends imports of birds, other than poultry,
from all third countries because of the risks posed by
affected wild birds.

import of

In order to draw up an inventory of the risks posed by
the import of captive birds, the Commission on 13 April
2005 requested the European Food Safety Authority
to provide a scientific opinion on the risks
(EFSA)
posed by imports of birds caught
in the wild and
captive bred birds from third countries.

Following that request, the EFSA Panel on animal health
and welfare adopted, during their meeting of 26 and 27
October 2006, a Scientific Opinion on the Animal health
and welfare risks associated with the import of wild
birds, other than poultry,
into the Community. That
Scientific Opinion identifies possible tools and options
which can reduce any identified animal health risk
related to imports of birds other than poultry.

down in the

Taking account of the conclusions and recommendations
laid
the
laid down in Decision 2000/666/EC
requirements
should be revised.

EFSA Scientific Opinion,

The EFSA Scientific Opinion identifies, in particular, the
fact that data relating to imports of such birds is sparse.
Further data collection on these imports should therefore
be considered.

the EFSA Scientific
One of
the recommendations of
in the third
Opinion relates to controls carried out
to the
countries exporting birds, other than poultry,
the point of export
Improvements at
Community.
in reducing the probability
should have most
impact
infected birds are presented for entry into the
that
Community. For that reason,
import conditions should
be laid down in this Regulation in such a way that only
imports from third countries authorised for imports into
the Community of such birds are allowed.

(4)

(5)

(6)

(7)

(8)

(4) OJ L 285, 28.10.2005, p. 60. Decision as last amended by Decision

2007/183/EC (see page 44 of this Official Journal).

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(9)

(10)

(11)

(12)

(13)

Another EFSA recommendation relates to imports of
birds caught in the wild. The Scientific Opinion identifies
the risk caused by those birds that may be infected due
to lateral spread from other infected wild birds and from
the contaminated environment, as well as overspill from
infected poultry. Taking into account the role played by
wild migratory birds in the spread of avian influenza
from Asia to Europe in 2005 and 2006, it is appropriate
to limit imports of birds, other than poultry, only to
birds bred in captivity.

is

It
seldom possible to distinguish with certainty
between birds that have been caught in the wild and
captive bred birds. Methods of marking can be applied
to both types of birds without
it being possible to
distinguish between them. It is therefore appropriate to
limit imports of birds, other than poultry, to breeding
that are approved by the competent
establishments
authority of
the third country of export, and to lay
down certain minimum conditions for such approval.

of avian influenza in recent years. Based on that
Directive, Commission Decision 2006/437/EC of 4
August 2006 approving a Diagnostic Manual for avian
provided
influenza
in Council Directive
for
as
2005/94/EC (2)
(the diagnostic manual) was adopted
laying down at Community level diagnostic procedures,
sampling methods and criteria for the evaluation of the
results of
laboratory tests for the confirmation of an
outbreak of avian influenza. Account should be taken
of that Decision when laying down the testing regimes
for avian influenza in approved quarantine facilities and
centres in this Regulation.

(17)

Certain derogations should also be considered for those
birds found to be infected with low pathogenic avian
influenza and Newcastle disease in an approved quar-
in those cases where the
antine facility or centre,
occurrence of disease does not pose a risk to the
animal health status of the Community.

covered
Certain imports of birds
Community
they
excluded from the scope of this Regulation.

legislation. Therefore,

are

by other
should be

(18)

For the sake of clarity of Community legislation, Decision
2000/666/EC should be repealed and replaced by this
Regulation.

The animal health risk posed by racing pigeons that are
brought into the Community to be released again so that
they may fly back to their origin is such that they should
be excluded form the scope of this Regulation.

In addition, certain third countries have animal health
conditions that are equivalent to those provided for in
Community legislation. Therefore, imports of birds from
those countries should be excluded from the scope of
this Regulation.

(14) Member States should communicate to the Commission
certain information concerning approved quarantine
facilities and centres in order that the Commission is in
a position to publish a list of approved quarantine
facilities and centres and keep that list up to date. It is
appropriate that that list be inserted in an Annex to this
Regulation.

(15)

It is appropriate to lay down further import procedures
relating to the transfer from the border inspection post
to the approved quarantine facilities or centres upon
entry into the Community in order
to ensure that
imported birds arrive at the designated approved quar-
antine facility or centre within a reasonable time period.

(19) As

result of

a
conditions
2005/760/EC should be repealed.

animal health
stringent
laid down in this Regulation, Decision

the more

(20)

(21)

Transitional measures should be laid down for those
quarantine facilities or centres that are approved under
in order that imports via such
Decision 2000/666/EC,
facilities and centres may continue while approval
is
granted under this Regulation.

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

(16)

Council Directive 2005/94/EC of 20 December 2005 on
Community measures for the control of avian influenza
and repealing Directive 92/40/EEC (1) was adopted to
take account of the experienced gained in the control

This Regulation lays down the animal health conditions for
imports of certain birds into the Community, from the third
countries and parts thereof referred to in Annex I, and the
quarantine conditions for such imports.

(1) OJ L 10, 14.1.2006, p. 16.

(2) OJ L 237, 31.8.2006, p. 1.

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Article 2

Scope

This Regulation shall apply to animals of the avian species.

However, it shall not apply to:

(i) an establishment used exclusively for the breeding of

birds; and

(ii) that has been inspected and approved by the competent
authority of the exporting third country for compliance
with the conditions provided for Article 4 and Annex II;

(a)

fowl,
turkeys, guinea fowl, ducks, geese, quails, pigeons,
pheasants, partridges and ratites (Ratitae) reared or kept in
captivity for breeding, the production of meat or eggs for
consumption, or for re-stocking supplies of game (poultry);

(c)

‘captive bred birds’ means birds that have not been caught
in the wild but have been born and bred in captivity from
parents that mated or had gametes otherwise transferred in
captivity;

(b) birds imported for conservation programmes approved by
the competent authority in the Member State of destination;

(c) pet animals referred to in the third paragraph of Article 1 of

Directive 92/65/EEC, accompanying their owner;

(d)

‘seamlessly closed leg-ring’ means a ring or band in a
continuous circle, without any break or join, which has
not been tampered with in any way, of a size which
cannot be removed from the bird when its leg is fully
grown after having been applied in the first days of the
bird's life and which has been commercially manufactured
for that purpose;

(d) birds intended for zoos, circuses, amusement parks or

experiments;

(e)

‘approved quarantine facility’ means premises, other than
quarantine centres:

(e) birds destined for bodies,

institutes or centres approved

according to Article 13 of Directive 92/65/EEC;

(i) in which quarantine of imported birds is carried out;

(f)

racing pigeons which are introduced to the territory of the
Community from a neighbouring third country where they
are normally resident and then immediately released with
the expectation that they will fly back to that third country;

(g) birds

imported from Andorra, Liechtenstein, Monaco,
Norway, San Marino, Switzerland, and the Vatican City
State.

Article 3

Definitions

For the purposes of this Regulation, the definitions of Directive
2005/94/EC shall apply.

The following definitions shall also apply:

(a)

‘birds’ means animals of avian species other than those
referred to in points (a) to (g) of Article 2;

(ii) which has been inspected and approved by the
competent
the
for
minimum conditions provided for in Article 6 and
Annex IV;

compliance with

authority

(f)

‘approved quarantine centre’ means premises:

(i) in which quarantine of imported birds is carried out;

(ii) containing a number of units, which are operationally
and physically separated from each other and in which
each unit contains only birds of the same consignment,
with the same health status, and therefore comprises a
single epidemiological unit;

(iii) which has been inspected and approved by the
competent
the
for
minimum conditions provided for in Article 6 and
Annex IV;

compliance with

authority

(b) ‘approved breeding establishment’ means:

(g)

‘sentinel birds’ means poultry which are to be used as a
diagnostic aid during quarantine;

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(h) ‘diagnostic manual’ means the Diagnostic Manual for avian
influenza set out in the Annex to Decision 2006/437/EC;

(d) the birds have not been vaccinated against avian influenza;

(i)

‘Local Veterinary Unit (LVU)’ means any local authority of a
Member State designated as such.

(e)

the birds are accompanied by an animal health certificate in
accordance with the model set out in Annex III (the animal
health certificate);

Article 4

Approved breeding establishments

Imports of birds from approved breeding establishments shall
be authorised subject
following
conditions:

to compliance with the

(a)

the breeding establishment must be approved by the
competent authority in accordance with the conditions set
out in Annex II, and assigned an approval number;

(f)

the birds are identified with an individual
identification
number by means of a uniquely marked seamlessly closed
leg-ring or a microchip in accordance with Article 66(2) of
Commission Regulation (EC) No 865/2006 (1);

(g) the

individual

leg-rings or
identification number of
microchips provided for in point (f) must bear at least the
following information;

— the ISO code of the exporting third country performing

the identification,

(b) that approval number must have been communicated to the

Commission by that authority;

— a unique serial number;

(c)

the name and approval number of
the breeding estab-
lishment must appear on a list of breeding establishments
drawn up by the Commission;

(h) the individual identification number provided for in point (f)

must be registered on the animal health certificate;

(d) the approval of the breeding establishment must be imme-
diately withdrawn or suspended by the competent authority
where it no longer complies with the conditions set out in
Annex II and the Commission must be immediately
informed thereof.

Article 5

Import conditions

Imports of birds from approved breeding establishments in
accordance with Article 4 shall comply with the following
conditions:

(a)

the birds are captive bred birds;

(i)

the birds are transported in new containers which are indi-
vidually identified externally with an identification number
that must
identification number
indicated on the animal health certificate.

correspond with the

Article 6

Approved quarantine facilities and centres

The list of quarantine facilities and centres which comply
1.
with the minimum conditions set out in Annex IV are set out in
Annex V.

The Member States shall communicate to the Commission

2.
and the other Member States a list of:

(b) the birds must originate from third countries or parts

thereof referred to Annex I;

(a)

the approval numbers of approved quarantine facilities or
centres located in their territory; and

(c)

the birds were subjected to a laboratory virus detection test
7 to 14 days prior to shipment with negative results for any
avian influenza and Newcastle disease virus;

(b) the name and Traces-number of the LVU responsible for

those facilities or centres.

(1) OJ L 166, 19.6.2006, p. 1.

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Article 7

Direct transport of birds to approved quarantine facilities
or centres

Birds shall be transported directly from the border inspection
post to an approved quarantine facility or centre in cages or
crates.

The total journey time from that post to that quarantine facility
or centre must not normally exceed nine hours.

When vehicles are used for this journey they shall be sealed by
the competent authorities with a tamper proof seal.

(a)

the official veterinarian responsible for the border inspection
post shall notify the competent authority responsible for the
approved quarantine facility or centre at the place of desti-
nation of the consignment, of the place of origin and the
place of destination of the birds via the Traces network;

(b) the person responsible for the approved quarantine facility
or centre of destination shall notify by email or fax, within
one working day of the date of arrival of the consignment
at the quarantine facility or centre, the official veterinarian
responsible for the approved quarantine facility or centre at
the place of destination of the arrival of the consignment at
its destination;

Article 8

Attestation

Importers or their agents shall provide a written attestation, in
an official language of the Member State of entry, and signed by
the person responsible for the quarantine facility or centre
certifying that the birds will be accepted for quarantine.

(c)

the official veterinarian responsible for the approved quar-
antine facility or centre at the place of destination of the
consignment shall notify via the Traces network, within
three working days of the date of arrival of the consignment
at the quarantine facility or centre, the official veterinarian
responsible for the border inspection post who notified him
of the shipment of the consignment of the arrival of the
consignment at its destination.

That attestation shall:

(a) clearly indicate the name and address and approval number

of the quarantine facility or centre;

(b) reach the border inspection post via e-mail or fax prior to
time of arrival of the consignment at that post or shall be
presented by the importer or his agent before the birds are
released from the border inspection post.

the border

inspection post,

If confirmation is provided to the competent authority
2.
responsible for
the birds
declared as being intended for an approved quarantine facility
or centre have not arrived at their destination within three
working days of
the
the
consignment
competent authority shall take appropriate measures vis-à-vis
the person responsible for the consignment.

estimated date of
quarantine

arrival of
centre,

facility or

that

the

the

at

Article 11

Quarantine provisions

Article 9

Transit of birds in the Community

The birds shall be quarantined for at least 30 days in an

1.
approved quarantine facility or centre (the quarantine).

Where birds are introduced into the Community via a Member
State other than that of destination, all measures shall be taken
to ensure that the consignment reaches the intended Member
State of destination.

Article 10

Monitoring of the transport of birds

1. Where Community legislation provides for the monitoring
of birds from the border inspection post to the approved quar-
antine facility or centre at the place of destination, the following
exchanges of information shall be provided:

2.
At least at the beginning and the end of quarantine of
each consignment,
the
the official veterinarian shall
the
conditions of quarantine,
mortality records and a clinical inspection of the birds in the
approved quarantine facility or in each unit of the approved
quarantine centre.

inspect
including an examination of

However, the official veterinarian shall carry out inspections
more frequently if required by the disease situation.

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Article 12

(b) all those birds and sentinel birds are killed and destroyed;

Examination, sampling and testing to be carried out in
relation to a consignment during quarantine

The examination, sampling and testing procedures for
1.
avian influenza and Newcastle disease, set out in Annex VI,
shall be carried out following the arrival of the birds in quar-
antine.

2. When sentinel birds are used a minimum of 10 sentinel
birds shall be used in the approved quarantine facility or in each
unit of the approved quarantine centre.

Sentinel birds used for examination, sampling and testing

3.
procedures shall be:

(a) at

least
purposes;

three weeks old and used only once for those

(c)

the approved quarantine facility is cleaned and disinfected;

(d) no birds enter the approved quarantine facility until 21 days

following the final cleaning and disinfection.

If during quarantine in an approved quarantine centre, it is
2.
suspected that one or more birds and/or sentinel birds in a unit
of the quarantine centre are infected with avian influenza or
Newcastle disease, the following measures shall be taken:

(a) samples for virological examination as set out in point 2 of
Annex VI are taken from those birds and sentinel birds and
are analysed accordingly;

(b) all those birds and sentinel birds are killed and destroyed;

(b) leg-banded for identification purposes or identified with

another non-removable identification;

(c)

the unit concerned is cleaned and disinfected;

(c) unvaccinated and have been found sero-negative for avian
influenza and Newcastle Disease within a period of 14 days
before the date of commencement of quarantine;

(d) the following samples are taken:

(d) placed in the approved quarantine facility or in a unit of the
approved quarantine centre before the arrival of the birds in
the common airspace and as close as possible to the birds
in such a way that close contact between the sentinel birds
and the excrements of the birds in quarantine is ensured.

Article 13

Action in case of a disease suspicion in an approved
quarantine facility or centre

If during quarantine in an approved quarantine facility, it
1.
is suspected that one or more birds and/or sentinel birds are
infected with avian influenza or Newcastle disease, the following
measures shall be taken:

(i) where sentinel birds are used, not earlier than 21 days
following the final cleansing and disinfection of the unit
concerned, samples for serological examination, as set
out in Annex VI must be taken from sentinel birds in
the other quarantine units; or

(ii) where no sentinel birds are used, during 7 to 15 days
following the final cleaning and disinfection, samples for
virological examination, as set out in point 2 of Annex
VI, must be taken from birds in the other quarantine
units;

(e) no birds

shall

centre
concerned until the results of the sampling provided for
in point (d) have been confirmed as negative.

approved quarantine

leave

the

(a) samples for virological examination as set out in point 2 of
Annex VI are taken from those birds and sentinel birds and
are analysed accordingly;

3. Member States shall
measures taken under this Article.

inform the Commission of any

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Article 14

relating

Derogations
low
pathogenic avian influenza or Newcastle disease in an
approved quarantine facility or centre

to a positive

finding of

1. Where during quarantine one or more birds and/or
sentinel birds are found to be infected with low pathogenic
avian influenza (LPAI) or Newcastle disease,
the competent
authority may, based on a risk assessment, grant derogations
from the measures provided for in Article 13(1)(b) and (2)(b),
provided that such derogations do not endanger disease control
(the derogation).

In the case of a positive finding of Newcastle disease, the
4.
competent authority may only grant a derogation provided that
in the 30 days following the death or clinical recovery of the
last case of that disease, sampling in accordance with points 1
and 2 of Annex VI, not taking account of the reference to the
time period specified, has been carried out with negative results.

Birds shall not be released from quarantine until at least
5.
the laboratory testing period provided for in paragraph 3 has
elapsed.

Member States shall immediately inform the Commission of any
such derogations.

2. When an official veterinarian inspects an approved quar-
antine facility or centre that has been granted a derogation, and
one or more of the birds and/or sentinel birds are found to be
infected with LPAI or Newcastle disease, the measures set out in
paragraphs 3 to 7 shall be complied with.

6.
The approved quarantine facility or the unit concerned of
the approved quarantine centre shall be cleaned and disinfected
after it has been emptied. Any matter or waste likely to have
been contaminated shall be removed in such a way that ensures
that the pathogen is not spread, and destroyed in such a way
that guarantees
the virus of LPAI or
Newcastle disease present, as well as all the waste that has
accumulated during the laboratory testing period provided for
in paragraph 3 has elapsed.

the destruction of

Member States shall immediately inform the Commission of any
such measures.

The re-population of the approved quarantine facility or
7.
centre shall not take place for a period of 21 days following the
date of completion of the final cleansing and disinfection as
provided for in paragraph 6.

3.
In the case of a positive finding of LPAI, instead of the
standard samples as provided for in the diagnostic manual, the
following samples must be taken for laboratory testing, 21 days
following the date of the last positive finding of LPAI in the
approved quarantine facility or from each unit in the approved
quarantine centre and at intervals of 21 days:

(a) samples of any dead sentinel birds or other birds present at

the time of sampling;

(b) tracheal/oropharyngeal and cloacal swabs from at least 60
birds or from all birds where there are less than 60 present
at the approved quarantine facility or the unit concerned of
the approved quarantine centre; or if the birds are small,
exotic and not used to being handled or handling them
would be dangerous for people, samples of
fresh faeces
must be collected; the sampling and laboratory testing of
such samples must continue until two consecutive negative
laboratory results are obtained which must be at least at an
interval of 21 days.

Article 15

Action in case of a suspicion of Chlamydiosis

If during quarantine in an approved quarantine facility or
centre, as it is suspected or confirmed that psittaciformes are
infected with Chlamydophyla psittaci
the
consignment shall be treated by a method approved by the
competent authority and the quarantine shall be prolonged
for at
the last
recorded case.

following the date of

all birds of

two months

least

Article 16

Release from quarantine

Birds shall only be released from quarantine in an approved
quarantine facility or centre on written authorisation by an
official veterinarian.

Article 17

Notification and reporting requirements

However, the competent authority may grant derogations from
the sample size provided for in this paragraph, based on the
outcome of a risk assessment.

1. Member States shall communicate to the Commission
within 24 hours any case of avian influenza or Newcastle
disease detected in an approved quarantine facility or centre.

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2. Member States shall communicate to the Commission the
following information on an annual basis:

Article 18

Cost relating to quarantine

(a)

the number of birds imported via approved quarantine
facilities
approved
breeding establishment of origin;

and centres per

and per

species

(b) information regarding the mortality rate for imported birds
from the animal health certification procedure in the
country of origin to the end of the quarantine period;

All quarantine costs incurred by the application of this Regu-
lation shall be borne by the importer.

Article 19

Repeals

Decisions 2000/666/EC and 2005/760/EC are repealed.

Article 20

Entry into force and applicability

(c)

the number of cases of positive findings of avian influenza,
Newcastle disease and Chlamydophyla psittaci in approved
quarantine facilities or centres.

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

It shall apply from 1 July 2007.

This Regulation shall be binding in its entirely and directly applicable in all Member States.

Done at Brussels, 23 March 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX I

LIST OF THIRD COUNTRIES WHICH CAN USE THE ANIMAL HEALTH CERTIFICATE IN ANNEX III

Third countries or parts thereof listed in columns 1 and 3 of the table in Part 1 of Annex I to Commission Decision
2006/696/EC (1), where column 4 of that table provides for a model veterinary certificate for breeding or productive
poultry other than ratites (BPP).

(1) OJ L 295, 25.10.2006, p. 1.

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ANNEX II

CONDITIONS GOVERNING APPROVAL OF BREEDING ESTABLISHMENTS IN THE THIRD COUNTRY OF
ORIGIN AS PROVIDED FOR IN ARTICLE 4

CHAPTER 1

Approval of breeding establishments

In order to be granted approval as provided for in Article 4, a breeding establishment shall comply with the conditions
set out in this Chapter:

(1) The breeding establishment must be clearly demarcated and separated from its surroundings or the animals confined

and located so as not to pose a health risk to animal holdings whose health status might be jeopardised.

(2) It must have adequate means for catching, confining and isolating animals and have available adequate approved
quarantine facilities and approved procedures for animals coming from establishments that have not been approved.

(3) The person responsible for the breeding establishment must have adequate experience in the breeding of birds.

(4) The breeding establishment must be free of avian influenza, Newcastle disease and Chlamydophyla psittaci; in order
for it to be declared free from those diseases, the competent authority shall assess the records on the animal health
status kept for at least the previous three years before the date of the application for approval and the results of the
clinical and laboratory tests carried out on the animals therein. However, new breeding establishments shall only be
approved on the results of the clinical and laboratory tests carried out on the animals in such establishments.

(5) It must keep up-to-date records indicating:

(a)

the number and identity (age, sex, species and individual identification number where practical) of the animals of
each species present in the breeding establishment;

(b) the number and identity (age, sex, species and individual

identification number where practical) of animals
arriving in the breeding establishment or leaving it, together with information on their origin or destination,
the transport from or to the breeding establishment and the animals health status;

(c)

the results of blood tests or any other diagnostic procedures;

(d) cases of disease and, where appropriate, the treatment administered;

(e)

the results of the post-mortem examinations on animals that have died in the breeding establishment, including
still-born animals;

(f) observations made during any isolation or quarantine period.

(6) The breeding establishment must either have an arrangement with a competent laboratory to perform post-mortem
examinations, or have one or more appropriate premises where such examinations may be performed by a competent
person under the authority of the approved veterinarian.

(7) The breeding establishment must either have suitable arrangements or on-site facilities for the appropriate disposal of

the bodies of animals which die of a disease or are euthanised.

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(8) The breeding establishment must secure, by contract or legal instrument, the services of a veterinarian approved by

and under the control of the competent authority of the exporting third country, who:

(a) shall ensure that appropriate disease surveillance and control measures in relation to the disease situation of the
country concerned are approved by the competent authority and applied in the breeding establishment. Such
measures shall include:

(i) an annual disease surveillance plan including appropriate zoonoses control of the animals;

(ii) clinical, laboratory and post-mortem testing of animals suspected to be affected by transmissible diseases;

(iii) vaccination of susceptible animals against infectious diseases as appropriate, in conformity with the Manual of
Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE);

(b) shall ensure that any suspect deaths or the presence of any other symptoms suggesting that animals have
is notified without delay to the

contracted avian influenza, Newcastle disease or Chlamydophyla psittaci
competent authority of the third country;

(c) shall ensure that animals entering the breeding establishment have been isolated as necessary, and in accordance

with the requirements of this Regulation and the instructions, if any, given by the competent authority;

(d) shall be responsible for the day to day compliance with the animal health requirements of this Regulation and of

Community legislation on welfare of animals during transport;

(9) If the breeding establishment breeds animals intended for laboratories carrying out experiments, the general care and
accommodation of such animals must be in conformity with the requirements of Article 5 of Council Directive
86/609/EEC (1).

CHAPTER 2

Maintaining the approval of breeding establishments

Breeding establishment shall only remain approved as such if they comply with the conditions set out in this Chapter:

(1) The premises are under the control of an official veterinarian from the competent authority, who shall:

(a) ensure that the conditions set out in this Regulation are met;

(b) visit the premises of the breeding establishment at least once per year;

(c) audit the activity of the approved veterinarian and the implementation of the annual disease surveillance plan;

(d) verify that

the results of

the clinical, post-mortem and laboratory tests on the animals have revealed no

occurrence of avian influenza, Newcastle disease or Chlamydophyla psittaci.

(1) OJ L 358, 18.12.1986, p. 1. Directive as last amended by Directive 2003/65/EC of the European Parliament and of the Council

(OJ L 230, 16.9.2003, p. 32).

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(2) Only animals coming from another approved breeding establishment are introduced into the breeding establishment,

in accordance with the conditions set out in this Regulation.

(3) The breeding establishment shall keep the records referred to in point 5 of Chapter 1 following the date of approval,

for a period of at least 10 years.

Quarantine of birds introduced from other sources than approved breeding establishments

CHAPTER 3

By way of derogation from point 2 of Chapter 2, birds introduced from sources other than approved breeding estab-
lishments, may be introduced in a breeding establishment after approval for such an introduction is given by the
competent authority, provided that such animals undergo quarantine in accordance with the instructions given by the
competent authority before being added to the collection. The quarantine period must be at least 30 days.

Suspending, withdrawing or re-granting approval of breeding establishments

CHAPTER 4

The procedures for partly or completely suspending, withdrawing or re-granting approval of breeding establishments shall
comply with the conditions set out in this Chapter:

(1) Where the competent authority finds that a breeding establishment no longer complies with the conditions set out in
Chapters 1 and 2, or there has been a change of use so that it is no longer used exclusively for the breeding of birds,
it shall suspend or withdraw the approval of such establishment.

(2) Where the competent authority has received notification of the suspicion of avian influenza, Newcastle disease or
Chlamydophyla psittaci, it shall suspend the approval of the breeding establishment, until the suspicion has been
officially ruled out. It shall ensure that the measures necessary to confirm or rule out the suspicion and to avoid any
spread of disease are taken, in accordance with the requirements of Community legislation governing measures to be
taken against the disease in question and on trade in animals.

(3) Where the suspected disease is confirmed, the competent authority may only approve the breeding establishment

again in accordance with Chapter 1 following:

(a)

the eradication of the disease and the source of infection in the breeding establishment;

(b) the suitable cleaning and disinfection of the breeding establishment;

(c)

the fulfilling of the conditions laid down in Chapter 1 of this Annex, with the exception of point 4.

(4) The competent authority shall immediately inform the Commission of the suspension, withdrawal or re-granting of

approval of any breeding establishment.

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L 84/19

ANNEX III

as referred to in point (e) of Article 5

ANIMAL HEALTH CERTIFICATE

for imports of certain birds other than poultry intended for dispatch to the Community

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Official Journal of the European Union

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ANNEX IV

as referred to in Article 6

MINIMUM CONDITIONS FOR APPROVED QUARANTINE FACILITIES AND CENTRES FOR BIRDS

Approved quarantine facilities and centres shall comply with the conditions set out in Chapters 1 and 2.

CHAPTER 1

Construction and equipment of quarantine facilities or centres

(1) The quarantine facility or centre must be a separate building or buildings which are separated from other poultry
holdings and other bird holdings by a distance specified by the competent authority based on a risk assessment
which takes into account the epidemiology of avian influenza and Newcastle disease. Entry/exit doors must be
lockable with signs indicating: ‘QUARANTINE — No admission for unauthorised persons’.

(2) Each quarantine unit of the quarantine centre must occupy a separate airspace.

(3) The quarantine facility or centre must be bird, fly and vermin proof and sealable so as to permit fumigation.

(4) The approved quarantine facility and each unit of an approved quarantine centre must be equipped with hand

washing facilities.

(5) Entry and exit doors to the approved quarantine facility and to each unit of an approved quarantine centre must be

double door systems.

(6) Hygiene barriers must be installed at all entrances/exits to the approved quarantine facility and the different units of

an approved quarantine centre.

(7) All equipment must be constructed in such a way that it can be cleaned and disinfected.

(8) The feed store must be bird and rodent proof and must be protected against insects.

(9) A container must be available to store litter and must be bird and rodent proof.

(10) A refrigerator and/or freezer must be provided for holding carcases.

(1) Approved quarantine facilities and centres must:

CHAPTER 2

Management requirements

(a) have an efficient control system so as to ensure adequate surveillance of the animals;

(b) be under the control and responsibility of the official veterinarian;

(c) be cleaned and disinfected in accordance with a programme approved by the competent authority after which
there shall be an appropriate resting period; the disinfectants used must be approved for that purpose by the
competent authority.

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(2) For each consignment of birds quarantined:

(a)

the approved quarantine facility or unit of an approved quarantine centre must be cleaned and disinfected and
then be kept free of birds for at least seven days before the imported birds are introduced;

(b) the consignment of birds must come from a single approved breeding establishment in the third country of

origin and be introduced over a period of not more than 48 hours;

(c)

the quarantine period must start when the last bird is introduced;

(d) the approved quarantine facility or unit of an approved quarantine centre must be emptied of birds, cleaned and

disinfected at the end of the quarantine period.

(3) Precautions shall be taken to prevent cross-contamination between incoming and outgoing consignments.

(4) No unauthorised persons may enter the approved quarantine facility or centre.

(5) Persons entering the approved quarantine facility or centre must wear protective clothing including footwear.

(6) No contacts between personnel shall take place, which may cause contamination between approved quarantine

facilities or units of approved quarantine centres.

(7) Appropriate equipment shall be available for cleaning and disinfection.

(8) If identification by microchipping is used, an appropriate microchip reader shall be available at the approved

quarantine facility or centre.

(9) Cleaning and disinfection of the cages or crates used for the transport must be carried out at the approved
quarantine facility or centre unless they are destroyed. If reused, they must be made of a material that allows
effective cleaning and disinfection. The cages and crates must be destroyed in such a way so as to avoid spread of
disease causing agents.

(10) Litter and waste material shall be collected regularly, stored in the litter container and subsequently treated in such a

way as to avoid spread of disease-causing agents.

(11) Carcases of birds must be examined in an official laboratory designated by the competent authority.

(12) The necessary analyses and treatments of birds must be carried out in consultation with and under the control of the

official veterinarian.

(13) The official veterinarian must be informed of diseases and death of birds and/or sentinel birds during the quarantine.

(14) The person in charge of the approved quarantine facility or centre must keep a record of:

(a)

the date, number and species of birds entering and leaving for each consignment;

(b) copies of the animal health certificates and the Common Veterinary Entry Documents accompanying the

imported birds;

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Official Journal of the European Union

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(c)

individual identification numbers of the imported birds, and in case of identification by microchip the details of
the type of microchip and the reader used shall be recorded;

(d)

if in the quarantine facility or centre sentinal birds are used, the number and placing of the sentinel birds in the
quarantine facility or centre;

(e) any significant observation: cases of illness and number of deaths on a daily basis;

(f) dates and results of testing;

(g) types and dates of treatment;

(h) persons entering and leaving the quarantine facility or centre.

(15) The records referred to in point 14 shall to be kept for at least 10 years.

Suspending, withdrawing or re-granting approval of quarantine facilities and centres

The procedures for partly or completely suspending, withdrawing or re-granting approval of quarantine facilities and
centres shall comply with the conditions set out in this Chapter:

CHAPTER 3

(1) Where the competent authority finds that a quarantine facility or centre no longer complies with the conditions set
out in Chapters 1 and 2, or there has been a change of use which is no longer covered by Articles 3(e) and (f), it shall
inform the Commission of this fact. Such quarantine facilities or centres shall not be used for imports in accordance
with this act.

(2) Approval shall only be re-granted to a quarantine facility or centre when the conditions laid down in Chapters 1 and

2 are again fulfilled.

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ANNEX V

LIST OF APPROVED FACILITIES AND CENTRES AS REFERRED TO IN ARTICLE 6(1)

ISO country code

Name of country

Approval number of
quarantine facility or centre

AT

AT

AT

AT

AT

AT

AT

AT

AT

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

CY

CY

CY

CY

CY

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

AUSTRIA

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

BELGIUM

CYPRUS

CYPRUS

CYPRUS

CYPRUS

CYPRUS

AT OP Q1

AT-NK-Q-1

AT-KO-Q1

AT-3-ME-Q1

AT-4-KI-Q1

AT 4 WL Q 1

AT-4-VB-Q1

AT 6 10 Q 1

AT 6 04 Q 1

BE VQ 1003

BE VQ 1010

BE VQ 1011

BE VQ 1012

BE VQ 1013

BE VQ 1016

BE VQ 1017

BE VQ 3001

BE VQ 3008

BE VQ 3014

BE VQ 3015

BE VQ 4009

BE VQ 4017

BE VQ 7015

CB 0011

CB 0012

CB 0061

CB 0013

CB 0031

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ISO country code

Name of country

Approval number of
quarantine facility or centre

CZ

CZ

CZ

CZ

CZ

CZ

CZ

CZ

CZ

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

21750005

21750016

21750027

21750038

32750007

61750009

62750011

71750000

71750011

BW-1

BY-1

BY-2

BY-3

BY-4

HE-1

NI-1

NI-2

NI-3

NW-1

NW-2

NW-3

NW-4

NW-5

NW-6

NW-7

NW-8

RP-1

SN-1

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ISO country code

Name of country

Approval number of
quarantine facility or centre

DE

DE

DE

DE

DE

DK

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

ES

FR

EL

EL

HU

IE

IT

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

DENMARK

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

FRANCE

GREECE

GREECE

HUNGARY

IRELAND

ITALY

SN-2

ST-1

SH-1

TH-1

TH-2

DK-VQB-2002-001

ES01/02/05

ES01/02/01

ES05/02/12

ES05/03/13

ES07/02/02

ES08/02/03

ES09/02/09

ES09/02/10

ES13/02/08

ES15/02/06

ES17/02/07

ES04/03/11

ES04/03/14

ES09/03/15

ES01/04/16

ES09/04/17

ES09/06/18

38.193.01

GR.1

GR.2

HU12MK001

IRL-HBQ-1-2003 Unit A

003AL707

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ISO country code

Name of country

Approval number of
quarantine facility or centre

IT

IT

IT

IT

IT

IT

IT

IT

IT

IT

IT

MT

NL

NL

NL

NL

NL

NL

NL

NL

NL

NL

NL

PL

PT

PT

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

MALTA

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

POLAND

PORTUGAL

PORTUGAL

305/B/743

132BG603

170BG601

233BG601

068CR003

006FR601

054LCO22

I — 19/ME/01

119RM013

006TS139

133VA023

BQ 001

NL-13000

NL-13001

NL-13002

NL-13003

NL-13004

NL-13005

NL-13006

NL-13007

NL-13008

NL-13009

NL-13010

14084501

05.01/CQA

01.02/CQA

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ANNEX VI

EXAMINATION, SAMPLING AND TESTING PROCEDURES FOR AVIAN INFLUENZA AND NEWCASTLE
DISEASE

(1) During quarantine either the sentinel birds, or if sentinel birds are not used, the imported birds, shall be subjected to

the following procedures:

(a) With use of sentinel birds:

(i) blood samples for serological examination must be taken from all sentinel birds not less then 21 days

following their entry into the quarantine and at least three days before the end of the quarantine;

(ii) if sentinel birds show positive or inconclusive serological results for the samples referred to in (i), the
imported birds must be subjected to virological examination; cloacal swabs (or faeces) and tracheal/orophar-
yngeal swabs must be taken from at least 60 birds or from all birds if the consignment is less than 60 birds;

(b) Without use of sentinel birds,

imported birds must be examined virologically (serological testing not being
appropriate). Tracheal/oropharyngeal and/or cloacal swabs (or faeces) must be taken from at least 60 birds or
from all birds if the consignment is less than 60 birds, during the first 7 to 15 days of the quarantine.

(2) In addition to the testing set out in point 1, the following samples shall be taken for virological examination:

(a) cloacal swabs (or faeces) and tracheal/oropharyngeal swabs, if possible, from clinically ill birds or ill sentinel birds;

(b) from the intestinal contents, brain, trachea, lungs, liver, spleen, kidneys and other obviously affected organs as

soon as possible following the death from either:

(i) dead sentinel birds and all birds dead on arrival and those which die during quarantine; or

(ii) in the case of high mortality in small birds of large consignments from at least 10 % of the dead birds.

(3) All virological and serological testing of samples taken during quarantine must be carried out in official laboratories
designated by the competent authority using diagnostic procedures in accordance with the diagnostic manual for
avian influenza and the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation
for Animal Health (OIE) for Newcastle disease. For virological examination pooling of samples up to a maximum of
five samples of individual birds in one pool is allowed. Faecal material must be pooled separately from other organ
and tissue samples.

(4) Virus isolates must be submitted to the national reference laboratory.