Commission Regulation (EC) No 1278/2007 of 29 October 2007 amending Regulation (EC) No 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (Text with EEA relevance)
Date: 2007-10-29
Institutions: European Commission
Subjects: bird, import restriction, poultry farming, third country, veterinary inspection, veterinary legislation

L 284/20

EN

Official Journal of the European Union

30.10.2007

COMMISSION REGULATION (EC) No 1278/2007

of 29 October 2007

amending Regulation (EC) No 318/2007 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,

(4)

Having regard to the Treaty
Community,

establishing the European

Regulation (EC) No 318/2007 provides that in case avian
suspected in an
influenza or Newcastle disease
approved quarantine
an
facility or
approved quarantine centre, all birds in the quarantine
facility or unit of a quarantine centre are to be killed and
destroyed before the suspicion is confirmed by laboratory
testing.

is
in a unit of

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 the fourth indent of
Article 18(1),

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 318/2007 (3) lays down
the animal health conditions for imports of certain birds
other than poultry into the Community and the quar-
antine conditions applicable to such birds after import.

It is appropriate to explicitly state that only imports of
captive bred birds is authorised under Regulation (EC) No
318/2007. For the sake of clarity,
it should also be
explicitly stated that birds may only be imported into
the Community under Regulation (EC) No 318/2007 if
they come from approved breeding establishments.

After imports, the imported birds are to be transported
directly to an approved quarantine facility or centre in a
Member State, where they must remain until
infection
with avian influenza or Newcastle disease virus is ruled
out.

(5)

(6)

(7)

(8)

(9)

However, because these birds suspected to be infected by
in an
avian influenza or Newcastle disease are kept
an
approved quarantine
approved quarantine centre,
the
disease spreading further.

in a unit of
there is no risk of

facility or

Therefore, it is appropriate to wait until the suspicion is
confirmed to rule out any other cause of disease
symptoms before commencing to kill and destroy the
birds in the affected premises.

Annex V to Regulation (EC) No 318/2007 sets out a list
of quarantine facilities and centres approved by the
competent authorities of the Member States for import
of certain birds other than poultry. Austria, the Czech
Republic, Denmark, Germany, Spain and the United
Kingdom have
approved quarantine
facilities and centres and have sent an updated list of
those
the
Commission. The list of approved quarantine facilities
and centres set out in Annex V to Regulation (EC) No
318/2007 should therefore be amended accordingly.

reviewed their

quarantine

facilities

centres

and

to

Regulation (EC) No 318/2007 should therefore be
amended accordingly.

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 318/2007 is amended as follows:

(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
Commission Decision 2007/265/EC (OJ L 114, 1.5.2007, p. 17).

(3) OJ L 84, 24.3.2007, p. 7.

1.

in Article 4,
following:

the introductory phrase is replaced by the

‘Approved breeding establishments shall comply with the
following conditions:’;

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Official Journal of the European Union

L 284/21

2. Article 5 is amended as follows:

(a)

the introductory phrase is replaced by the following:

‘Imports of birds shall be authorised only if the birds
comply with the following conditions:’

(b) the following point is inserted after point (b):

If during quarantine in an approved quarantine centre,
3.
it is 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)

the competent authority shall place the approved quar-
antine centre under official supervision;

‘(ba) the birds come from approved breeding estab-
lishments that comply with the conditions laid
down in Article 4;’

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

3. Article 13 is replaced by the following:

(c) no birds shall enter or leave the approved quarantine

centre until the suspicion is ruled out.

‘Article 13

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

1.
If during quarantine in an approved quarantine facility,
it 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:

(a)

the competent authority shall place the approved quar-
antine facility under official supervision;

If the suspicion of avian influenza or Newcastle disease
4.
in the affected unit of the approved quarantine centre as
referred to in paragraph 3 is confirmed,
the following
measures shall be taken:

(a) all birds and sentinel birds in the affected unit of the
approved quarantine centre shall be killed and destroyed;

(b) the unit concerned shall be cleaned and disinfected;

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

(c)

the following samples shall be taken:

(c) no birds shall enter or leave the approved quarantine

facility until the suspicion is ruled out.

2.
If the suspicion of avian influenza or Newcastle disease
in the affected approved quarantine facility as referred to in
paragraph 1 is confirmed, the following measures shall be
taken:

(a) all birds and sentinel birds in the approved quarantine

facility shall be killed and destroyed;

(i) where sentinel birds are used, not earlier than 21
days following the final cleaning and disinfection of
the unit concerned, samples for serological exam-
ination, 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;

(b) the approved quarantine facility shall be cleaned and

disinfected;

(d) no birds shall leave the approved quarantine centre until
the results of the sampling provided for in point (c) have
been confirmed as negative.

(c) no birds shall enter the approved quarantine facility until
21 days following the final cleaning and disinfection.

5. Member States shall
measures taken under this Article.’;

inform the Commission of any

L 284/22

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Official Journal of the European Union

30.10.2007

4.

in Article 14(1), the first subparagraph is replaced by the following:

‘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(2)(a) and (4)(a), provided
that such derogations do not endanger disease control (the derogation).’;

5. Annex V is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

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

Done at Brussels, 29 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

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ANNEX

‘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

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

BE

CY

CY

CY

CY

CY

CZ

CZ

CZ

CZ

CZ

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

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

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

CZECH REPUBLIC

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

AT OP Q1

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

21750005

21750016

21750027

21750038

61750009

BW-1

BY-1

BY-2

BY-3

BY-4

HE-1

HE-2

NI-1

NI-2

NI-3

L 284/24

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Official Journal of the European Union

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ISO country code

Name of country

Approval number of quarantine facility or centre

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

DE

ES

ES

ES

ES

ES

ES

ES

ES

ES

FR

GR

GR

HU

IE

IT

IT

IT

IT

IT

IT

IT

IT

IT

IT

IT

IT

MT

NL

NL

NL

NL

NL

NL

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

GERMANY

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

SPAIN

FRANCE

GREECE

GREECE

HUNGARY

IRELAND

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

ITALY

MALTA

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NW-1

NW-2

NW-3

NW-4

NW-5

NW-6

NW-7

NW-8

RP-1

SN-1

SN-2

TH-1

TH-2

ES/01/02/05

ES/05/02/12

ES/05/03/13

ES/09/02/10

ES/17/02/07

ES/04/03/11

ES/04/03/14

ES/09/03/15

ES/09/06/18

38 193,01

GR.1

GR.2

HU12MK001

IRL-HBQ-1-2003 Unit A

003AL707

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

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ISO country code

NL

NL

NL

NL

NL

PL

PT

PT

UK

UK

Name of country

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

NETHERLANDS

POLAND

PORTUGAL

PORTUGAL

UNITED KINGDOM

UNITED KINGDOM

Approval number of quarantine facility or centre

NL-13006

NL-13007

NL-13008

NL-13009

NL-13010

14084501

05,01/CQA

01,02/cqa

21/07/01
21/07/02’