Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (Text with EEA relevance)
Date: 2008-08-08
Institutions: European Commission
Subjects: EU control, customs inspection, customs transit, egg, health certificate, health control, import (EU), poultry, poultrymeat, third country, veterinary inspection

23.8.2008

EN

Official Journal of the European Union

L 226/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COMMISSION REGULATION (EC) No 798/2008

of 8 August 2008

laying down a list of third countries, territories, zones or compartments from which poultry and
poultry products may be imported into and transit through the Community and the veterinary
certification requirements

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 hatch-
ing eggs (1), and in particular Article 21(1), Article 22(3)
Article 23, Article 24(2) and Articles 26 and 27a thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organisation of veteri-
nary checks on animals entering the Community from third
countries and amending Directives 89/662/EEC, 90/425/EEC
and 90/675/EEC (2), and in particular Articles 10 and 18 thereof,

Having regard to Council Directive 96/23/EC of 29 April 1996
on measures to monitor certain substances and residues thereof
in live animals and animal products and repealing Directives
85/358/EEC and 86/469/EEC and Decisions 89/187/EEC
and 91/664/EEC (3), and in particular the fourth subparagraph of
Article 29(1), thereof,

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 (4), and in particular Article 22(1) thereof,

(1) OJ L 303, 31.10.1990, p. 6. Directive as last amended by Commis-

sion Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

(2) 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).

(3) OJ L 125, 23.5.1996, p. 10. Directive as last amended by Directive

2006/104/EC.

(4) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive

2006/104/EC.

Having regard to Council Directive 2002/99/EC of 16 December
2002 laying down the animal health rules governing the produc-
tion, processing, distribution and introduction of products of ani-
mal origin for human consumption (5), and in particular Article 8,
Article 9(2)(b) and Article 9(4) thereof,

Having regard to Regulation (EC) No 2160/2003 of the European
Parliament and of the Council of 17 November 2003 on the con-
trol of salmonella and other specified food-borne zoonotic
agents (6), and in particular Article 10(2) thereof,

Having regard to Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying down spe-
cific hygiene rules for food of animal origin (7), and in particular
Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004 laying down spe-
cific rules for the organisation of official controls on products of
animal origin intended for human consumption (8), and in par-
ticular Article 11(1) thereof,

(5) OJ L 18, 23.1.2003, p. 11.
(6) OJ L 325, 12.12.2003, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 1237/2007 (OJ L 280, 24.10.2007, p. 5).
(7) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22.
last amended by Commission Regulation (EC)

Regulation as
No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

(8) OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004, p. 83.
Regulation as last amended by Council Regulation (EC) No 1791/2006
OJ L 363, 20.12.2006, p. 1).

L 226/2

EN

Official Journal of the European Union

23.8.2008

Whereas:

(1)

(2)

(3)

(4)

(5)

Directive 90/539/EEC lays down animal health conditions
governing imports into the Community from third coun-
tries of poultry and hatching eggs. It provides that poultry
and hatching eggs are to satisfy the conditions laid down
therein and originate in a third country or part thereof
included on a list drawn up in accordance with that
Directive.

Directive 2002/99/EC lays down rules governing the intro-
duction from third countries of products of animal origin
and products obtained there from intended for human
consumption. It provides that such products are only to be
imported into the Community if they comply with the
requirements applicable to all stages of the production,
processing and distribution of those products in the Com-
munity or if they offer equivalent animal health guarantees.

Commission Decision 2006/696/EC of 28 August 2006
laying down a list of third countries from which poultry,
hatching eggs, day-old chicks, meat of poultry, ratites and
wild game-birds, eggs and egg products and specified
pathogen-free eggs may be imported into and transit
through the Community and the applicable veterinary cer-
tification conditions (1) sets out a list of third countries
from which the commodities concerned may be imported
into, and transit through, the Community and lays down
the veterinary certification conditions.

Commission Decision 93/342/EEC of 12 May 1993 lay-
ing down the criteria for classifying third countries with
regard to avian influenza and Newcastle disease in relation
to imports of live poultry and hatching eggs (2) and Com-
mission Decision 94/438/EC of 7 June 1994 laying down
the criteria for classifying third countries and parts thereof
with regard to avian influenza and Newcastle disease in
relation to imports of fresh poultrymeat (3) lay down cri-
teria for classifying third countries with regard to avian
influenza and Newcastle disease in relation to imports of
live poultry, hatching eggs and poultrymeat.

Community legislation for the control of avian influenza
has
recently been updated by Council Directive
2005/94/EC of 20 December 2005 on Community mea-
sures for the control of avian influenza (4), to take account
of the most recent scientific knowledge and developments
on the epidemiology of avian influenza in the Community
and worldwide. The scope of the control measures to be
applied in the event of an outbreak has been extended from

(1) OJ L 295, 25.10.2006, p. 1. Decision as last amended by Regulation

(EC) No 1237/2007.

(6)

(7)

(8)

(9)

highly pathogenic avian influenza (HPAI) to deal also with
outbreaks of low pathogenic avian influenza (LPAI), and to
introduce compulsory active surveillance for avian influ-
enza and a wider use of vaccination against this disease.

Imports from third countries should therefore meet con-
ditions equivalent to those applied within the Community
and which are in line with the revised requirements for
international trade in poultry and poultry products laid
down by the standards of the Terrestrial Animal Health
Code of the World Organisation for Animal health (OIE) (5)
and the Manual of Diagnostic Tests and Vaccines for Ter-
restrial Animals (6) of the OIE.

Argentina and Israel have submitted their avian influenza
surveillance programmes to the Commission for evalua-
tion. The Commission has examined these programmes
and they conform to the relevant Community provisions
and therefore a positive evaluation of these programmes
should be indicated in the column 7 of part 1 of Annex I
to this Regulation.

Article 21(2) of Directive 90/539/EEC sets out certain mat-
ters that are to be taken into account when deciding
whether or not a third country or part thereof maybe
included in the list of third countries from which poultry
and hatching eggs may be imported into the Community,
such as the state of health of poultry, the regularity and
rapidity of the supply of information by a third country
relating to the existence of certain contagious animal dis-
eases, including avian influenza and Newcastle disease and
the rules for animal disease prevention and control in the
third country concerned.

Article 8 of Directive 2002/99/EC provides that when
drawing up lists of third countries or regions of third coun-
tries thereof from which imports of specified products of
animal origin are permitted into the Community, particu-
lar account is to be taken of certain matters, such as the
health status of livestock, the regularity, speed and accu-
racy with which the third country supplies information on
the existence of certain infectious or contagious animal dis-
eases in its territory, in particular avian influenza and New-
castle disease and the general health situation in the third
country concerned which might pose a risk to public or
animal health in the Community.

(10)

In the interests of animal health, this Regulation should
provide that commodities should only be imported into
the Community from third countries, territories, zones or
compartments which have in place avian influenza surveil-
lance programmes and avian influenza vaccination plans,
where such vaccination is carried out.

(2) OJ L 137, 8.6.1993, p. 24. Decision as last amended by Decision

(5) http://www.oie.int/eng/normes/mcode/en_sommaire.htm (latest edi-

2006/696/EC (OJ L 295, 25.10.2006, p. 1).

(3) OJ L 181, 15.7.1994, p. 35; corrected by OJ L 187, 26.5.2004, p. 8.
(4) OJ L 10, 14.1.2006, p. 16.

tion).

(6) http://www.oie.int/eng/normes/en_mmanual.htm?e1d10 (latest edi-

tion).

23.8.2008

EN

Official Journal of the European Union

L 226/3

(11)

(12)

(13)

(14)

Pursuant to Regulation (EC) No 2160/2003, admission to
or retention on the lists of third countries provided for in
Community legislation from which Member States are
authorised to import certain poultry commodities covered
by that Regulation is subject to the submission to the Com-
mission by the third country concerned of a programme
equivalent to national control programmes for Salmonella
to be established by the Member States, and its approval by
the Commission. A positive evaluation of these pro-
grammes should be indicated in part 1 of Annex I to this
Regulation.

The Community and certain third countries wish to per-
mit trade in poultry and poultry products coming from
approved compartments and therefore the principle of
compartmentalisation for imports of poultry and poultry
products should be further laid down in Community leg-
islation. The compartmentalisation principle has been laid
down recently by the OIE in order to facilitate world wide
trade in poultry and poultry products and therefore it
should be incorporated into Community legislation.

Currently Community legislation does not provide for cer-
tificates for the import into the Community of minced
meat and mechanically separated meat of poultry, ratites
and wild game-birds, for certain health reasons, in particu-
lar the traceability of meat used for its production. Accord-
ingly, model veterinary certificates
covering those
commodities should be provided for in this Regulation fol-
lowing further scientific investigations.

In order to provide more flexibility in certain situations for
the competent authorities for veterinary certificates pur-
poses, and based on several requests from third countries
exporting day-old chicks of poultry and ratites to the Com-
munity, this Regulation should provide that such com-
modities should be examined at the time of dispatch of the
consignment instead of at the time of issue of the veteri-
nary certificate.

(15)

In order to avoid any interruption in trade, imports into
the Community of commodities that have been produced
before the introduction of animal health restrictions, as set
out in Part 1 of Annex I to this Regulation, should con-
tinue to be permitted for 90 days following the introduc-
tion of import restrictions for the commodity concerned.

(16)

Specific conditions for transit via the Community of con-
signments to and from Russia should be provided for
owing to the geographical situation of Kaliningrad which
affects only Latvia, Lithuania and Poland.

products (Single CMO Regulation) (1) set out general Com-
munity health rules applicable to the import into, and tran-
sit through, the Community of the commodities covered
by the Regulation.

(18)

(19)

(20)

In addition, Council Directive 96/93/EC of 17 December
1996 on the certification of animals and animal prod-
ucts (2) lays down standards of certification which are nec-
essary to ensure valid certification and to prevent fraud. It
is, therefore, appropriate to ensure in this Regulation that
the rules and principles applied by third country certifying
officers provide guarantees that are equivalent to those laid
down in that Directive and that the model veterinary cer-
tificates laid down in this Regulation reflect only such facts
as may be attested at the time the certificate is issued.

In the interests of clarity and coherence of Community
legislation, Decisions 93/342/EEC, 94/438/EC and
2006/696/EC should be repealed and replaced by this
Regulation.

It is appropriate to provide for a transitional period to per-
mit Member States and industry to take the necessary mea-
sures to comply with the applicable veterinary certification
requirements laid down in this Regulation.

(21)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.
This Regulation lays down veterinary certification require-
ments for imports into and transit, including storage during tran-
sit, through the Community of the following commodities (the
commodities):

(a) poultry, hatching eggs, day-old chicks and specified

pathogen-free eggs;

(b) meat, minced meat and mechanically separated meat of poul-
including ratites and wild game-birds, eggs and egg

try,
products.

(17)

Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agricultural

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

(2) OJ L 13, 16.1.1997, p. 28.

L 226/4

EN

Official Journal of the European Union

23.8.2008

It lays down a list of third countries, territories, zones or compart-
ments from which the commodities may be imported into the
Community.

This Regulation shall not apply to poultry for exhibitions,

2.
shows or contests.

3.
This Regulation shall apply without prejudice to specific
certification requirements provided for in Community agreements
with third countries.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall
apply:

(1)

‘poultry’ means 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 restocking supplies of
game;

(2)

‘hatching eggs’ means eggs for incubation, laid by poultry;

(9)

‘minced meat’ means de-boned meat that has been minced
into fragments and contains less than 1 % salt;

(10) ‘zone’ means a clearly defined part of a third country con-
taining an animal subpopulation with a distinct health sta-
tus with respect to a specific disease for which the required
surveillance, control and biosecurity measures have been
applied for the purpose of imports under this Regulation;

(11) ‘compartment’ means one or more poultry establishments in
a third country under a common biosecurity management
system containing a poultry subpopulation with a distinct
health status with respect to a specific disease or diseases for
which the required surveillance, control and biosecurity
measures have been applied for the purpose of imports
under this Regulation;

(12) ‘establishment’ means a facility or part of a facility which
occupies a single site and is devoted to one or more of the
following activities:

(a) pedigree breeding establishment: an establishment
which produces hatching eggs for the production of
breeding poultry;

(3)

(4)

(5)

(6)

‘day-old chicks’ means all poultry less than 72 hours old, not
yet fed and muscovy ducks (Cairina moschata) or their crosses,
less than 72 hours old whether or not fed;

(b) breeding establishment: an establishment which pro-
duces hatching eggs for the production of productive
poultry;

‘breeding poultry’ means poultry 72 hours old or more,
intended for the production of hatching eggs;

(c)

rearing establishment either:

‘productive poultry’ means poultry 72 hours old or more,
reared for:

(a)

the production of meat and/or eggs for consumption; or

(b)

the restocking of supplies of game;

‘specified pathogen-free eggs’ means hatching eggs which are
derived from ‘chicken flocks free from specified pathogens’,
as described in the European Pharmacopoeia (1), and which
are intended solely for diagnostic, research or pharmaceuti-
cal use;

(7)

‘meat’ means edible parts of the following animals:

(a) poultry, which, when relating to meat, means farmed
birds, including birds that are farmed as domestic ani-
mals without being considered as such, with the excep-
tion of ratites;

(b) wild

game-birds

that

are hunted

for human

consumption;

(c)

ratites;

(i)

a breeding poultry-rearing establishment which
rears breeding poultry prior to the reproductive
stage; or

(ii) a productive poultry-rearing establishment which
rears egg-laying productive poultry prior to the lay-
ing stage;

(d) keeping of other productive poultry;

(13) ‘hatchery’ means an establishment which incubates and

hatches eggs and supplies day-old chicks;

(14) ‘flock’ means all poultry of the same health status kept on
the same facilities or in the same enclosure and constituting
a single epidemiological unit; as regards housed poultry, this
definition includes all birds sharing the same airspace;

(15) ‘avian influenza’ means an infection of poultry caused by any

influenza A virus:

(a) of the subtypes H5 or H7;

(8)

‘mechanically separated meat’ means the product obtained
by removing meat from flesh-bearing bones after boning or
from poultry carcases, using mechanical means resulting in
the loss or modification of the muscle fibre structure;

(1) http://www.edqm.eu (latest edition).

(b) with an intravenous pathogenicity index (IVPI) in six-

week old chickens greater than 1,2; or

(c)

causing at least 75 % mortality in four- to 8-week-old
chickens infected intravenously;

23.8.2008

EN

Official Journal of the European Union

L 226/5

(16) ‘highly pathogenic avian influenza’ (HPAI) means an infec-

Article 4

tion of poultry caused by:

Veterinary certification

(a) avian influenza viruses of the subtypes H5 or H7 with
genome sequences codifying for multiple basic amino
acids at the cleavage site of the haemagglutinin mol-
ecule similar to that observed for other HPAI viruses,
indicating that the haemagglutinin molecule can be
cleaved by a host ubiquitous protease;

(b) avian influenza as defined in point 15(b) and (c);

(17) ‘low pathogenic avian influenza’ (LPAI) means an infection
of poultry caused by avian influenza viruses of subtypes H5
or H7 other than HPAI;

(18) ‘Newcastle disease’ means an infection of poultry:

(a)

caused by any avian strain of the paramyxovirus 1 with
an intracerebral pathogenicity index (ICPI) in day-old
chicks greater than 0,7; or

(b) multiple basic amino acids have been demonstrated in
the virus (either directly or by deduction) at
the
C-terminus of the F2 protein and phenylalanine at resi-
due 117, which is the N-terminus of the F1 protein; the
term ‘multiple basic amino acids’ refers to at least three
arginine or lysine residues between residues 113
and 116; failure to demonstrate the characteristic pat-
tern of amino acid residues as described in this point
requires characterisation of the isolated virus by an ICPI
test; in this definition, amino acid residues are num-
bered from the N-terminus of the amino acid sequence
deduced from the nucleotide sequence of the F0 gene,
113-116 corresponds to residues -4 to -1 from the
cleavage site;

(19) ‘official veterinarian’ means the veterinarian designated by

the competent authority;

(20) ‘differentiating infected from vaccinated animal (DIVA) strat-
egy’ means a vaccination strategy which enables a differen-
tiation to be made between vaccinated/infected and
vaccinated/non-infected animals through the application of
a diagnostic test designed to detect antibodies against the
field virus and the use of non-vaccinated sentinel birds.

CHAPTER II

GENERAL CONDITIONS FOR IMPORTS AND TRANSIT

Article 3

Lists of third countries, territories, zones or compartments
of origin from which commodities may be imported into
and transit through the Community

The commodities shall only be imported into and transit through
the Community from the third countries, territories, zones or
compartments listed in columns 1 and 3 of the table in Part 1 of
Annex I.

Commodities imported into the Community shall be
1.
accompanied by a veterinary certificate, as referred to in column
4 of the table in Part 1 of Annex I, for the commodity concerned,
completed in accordance with the notes and the model veterinary
certificates set out in Part 2 of that Annex (the certificate).

2.
A declaration by the master of the ship, as set out in
Annex II, shall be attached to veterinary certificates for imports of
poultry and day-old chicks, where the transport of those com-
modities includes transport by ship, even for part of the journey.

Poultry, hatching eggs and day-old chicks transiting through

3.
the Community shall be accompanied by:

(a) a veterinary certificate as referred to in paragraph 1 which

shall bear the words ‘for transit through the EC’, and

(b) a certificate required by the third country of destination.

4.
Specified pathogen-free eggs, meat, minced meat and
mechanically separated meat of poultry, ratites and wild game-
birds, eggs and egg products transiting through the Community
shall be accompanied by a certificate drawn up in accordance
with the model certificate set out in Annex XI and complying with
the conditions set out therein.

5.
For the purposes of this Regulation, transit may include
storage during transit in accordance with Articles 12 and 13 of
Directive 97/78/EC.

Electronic certification and other agreed systems harmon-

6.
ised at Community level may be used.

Article 5

Conditions for imports and transit

1.
Commodities imported into and transiting through the
Community shall comply with the conditions laid down in
Articles 6 and 7 and in Chapter III.

2.
Paragraph 1 shall not apply to single consignments of fewer
than 20 units of poultry other than ratites, hatching eggs or day-
old chicks thereof. However, such single consignments may only
be imported from third countries, territories, zones or compart-
ments thereof that are approved for such imports and they com-
ply with the following conditions:

(a)

third country, territory, zone or compartment is listed in col-
umns 1 and 3 of the table in Part 1 of Annex I and column 4
of that table provides for a model veterinary certificate for the
commodity concerned;

(b)

they are not covered by an import ban for animal health
reasons;

L 226/6

EN

Official Journal of the European Union

23.8.2008

(c)

the importation conditions include the requirement for post-
import isolation or quarantine.

Commodities referred to in paragraph 1 shall comply with

3.
the following:

(a)

the additional guarantees, as specified in column 5 of the
table in Part 1 of Annex I;

(b)

(c)

(d)

the specific conditions set out in column 6, and where appro-
priate, the closing dates set out in column 6A and the open-
ing dates set out in column 6B, of the table in Part 1 of
Annex I;

the animal health additional guarantees, where required by
the Member State of destination and referred to in the
certificate;

the restrictions in relation to the approval of a Salmonella
control programme, shall only apply when indicated in the
appropriate column of the table in Part 1 of Annex I.

CHAPTER III

ANIMAL HEALTH STATUS OF THIRD COUNTRIES,
TERRITORIES, ZONES OR COMPARTMENTS OF ORIGIN WITH
REGARD TO AVIAN INFLUENZA AND NEWCASTLE DISEASE

Article 8

Avian influenza free third countries, territories, zones or
compartments

For the purposes of this Regulation, a third country, terri-
1.
tory, zone or compartment
from which commodities are
imported into the Community shall be considered as free from
avian influenza where:

(a) avian influenza has not been present in the third country, ter-
ritory, zone or compartment for a period of at least 12
months preceding
the official
veterinarian;

certification by

the

Article 6

Examination, sampling and testing procedures

(b) an avian influenza surveillance programme, in accordance
with Article 10 has been carried out during a period of at
least six months preceding the certification referred to in
point (a) of this paragraph where required in the certificate.

Where examination, sampling and testing for avian influenza,
Mycoplasma, Newcastle disease, Salmonella, and other pathogens of
animal or public health significance is required for imports of
commodities into the Community in accordance with the certifi-
cates, such commodities shall only be imported into the Commu-
nity where those examinations, sampling and testing have been
carried out by the competent authority of the third country con-
cerned or where appropriate by the competent authority of the
Member State of destination in accordance with Annex III.

Article 7

Disease reporting requirements

Commodities shall only be imported into the Community from
third countries, territories, zones or compartments, where the
third country concerned:

(a)

(b)

informs the Commission of the disease situation within
24 hours of confirmation of any initial outbreaks of HPAI or
Newcastle disease;

submits virus isolates from initial outbreaks of those diseases,
without undue delay to the Community reference laboratory
for avian influenza and Newcastle disease (1); however, such
virus isolates shall not be required for imports of eggs, egg
products and specified pathogen-free eggs from third coun-
tries, territories, zones or compartments from which the
import of such commodities into the Community is
authorised;

(c)

submits to the Commission regular updates on the disease
situation.

(1) Veterinary Laboratories Agency, New Haw, Weybridge, Surrey KT

153NB, United Kingdom.

2. Where an outbreak of avian influenza occurs in a third
country, territory, zone or compartment previously free of that
disease, as referred to in paragraph 1, that third country, territory,
zone or compartment shall again be considered as free from avian
influenza provided the following conditions have been met:

(a)

in the case of HPAI, a stamping out policy has been imple-
mented to control the disease;

(b)

in the case of LPAI, either a stamping out policy has been
implemented or the poultry have been slaughtered to con-
trol the disease;

(c) adequate cleansing and disinfection has been carried out on

all previously infected establishments;

(d) avian influenza surveillance has been carried out in accor-
dance with Part II of Annex IV during a three-month period
the cleansing and disinfection
following completion of
referred to in point (c) of this paragraph with negative results.

Article 9

HPAI free third countries, territories, zones and
compartments

For the purposes of this Regulation, a third country, terri-
1.
tory, zone or compartment
from which commodities are
imported into the Community shall be considered as free from
HPAI where that disease has not been present in the third coun-
try, territory, zone or compartment for a period of at least 12
months preceding the certification by the official veterinarian.

23.8.2008

EN

Official Journal of the European Union

L 226/7

2. Where an outbreak of HPAI occurs in a third country, ter-
ritory, zone or compartment previously free of that disease as
referred to in paragraph 1, that third country, territory, zone or
compartment shall again be considered as free of HPAI, provided
the following conditions are met:

(a) a stamping out policy has been implemented to control the
disease, including adequate cleansing and disinfection carried
out on all previously infected establishments;

(b) avian influenza surveillance has been carried out in accor-
dance with Part II of Annex IV during a three-month period
following completion of the stamping out policy and cleans-
ing and disinfection referred to in point (a).

Article 10

Avian influenza surveillance programmes

Where an avian influenza surveillance programme is required in
the certificate, commodities shall only be imported into Commu-
nity from third countries, territories, zones or compartments
where:

(a)

the third country, territory, zone or compartment has had in
place for a period of at least six months an avian influenza
surveillance programme, which is indicated in column 7 of
the table in Part 1 of Annex I, and that programme meets the
requirements:

(i)

set out in Part I of Annex IV; or

(ii) of the Terrestrial Animal Health Code of the OIE (1);

(b)

the third country informs the Commission of any changes to
its avian influenza surveillance programme.

Article 11

Vaccination against avian influenza

Where vaccination against avian influenza is carried out in third
countries, territories, zones or compartments, poultry or other
commodities derived from vaccinated poultry shall only be
imported into the Community, where:

(a)

the third country carries out vaccination against avian influ-
enza in accordance with a vaccination plan indicated in col-
umn 8 of the table in Part 1 of Annex I, and that plan meets
the requirements set out in Annex V;

(b)

the third country informs the Commission of any changes to
its avian influenza vaccination plan.

Article 12

Newcastle disease free third countries, territories, zones
and compartments

1.
tory, zone or compartment

For the purposes of this Regulation, a third country, terri-
from which commodities are

(1) http://www.oie.int/eng/normes/mcode/en_sommaire.htm

imported into the Community shall be considered as free from
Newcastle disease where the following conditions are met:

(a) no outbreaks of Newcastle disease have occurred in poultry
in the third country, territory, zone or compartment for a
period of at least 12 months preceding the certification by
the official veterinarian;

(b) no vaccination against Newcastle disease using vaccines that
do not comply with the criteria for recognised Newcastle dis-
ease vaccines set out in Annex VI has been carried out for at
least the period referred to in point (a) of this paragraph.

2. Where an outbreak of Newcastle disease occurs in a third
country, territory, zone or compartment previously free from that
disease, as referred to in paragraph 1, that third country, territory,
zone or compartment shall again be considered as free from that
disease provided the following conditions are met:

(a) a stamping out policy has been implemented to control the

disease;

(b) adequate cleansing and disinfection has been carried out on

all previously infected establishments;

(c) during a period of at least three months following the
completion of the stamping out policy and cleansing and dis-
infection referred to in points (a) and (b):

(i)

the competent authority of a the third country can dem-
onstrate the absence of that disease in the third country,
territory, zone or compartment by intensified investiga-
tions including laboratory testing in relation to the
outbreak;

(ii) no vaccination against Newcastle disease using vaccines
that do not comply with the criteria for recognised New-
castle disease vaccines set out in Annex VI has been car-
ried out.

Article 13

Derogations concerning the use of vaccines against
Newcastle disease

1.
For commodities referred to in Article 1(1)(a), and by way
of derogation from Article 12(1)(b) and Article 12(2)(c)(ii), a third
country, territory, zone or compartment shall be considered as
free from Newcastle disease where the following conditions are
met:

(a)

the third country, territory, zone or compartment allows the
use of vaccines which comply with the general criteria set out
in Part I of Annex VI, but not with the specific criteria set out
in Part II of that Annex;

(b)

the additional health requirements set out in Part I of
Annex VII are complied with.

L 226/8

EN

Official Journal of the European Union

23.8.2008

For commodities referred to in Article 1(1)(b), and by way
2.
of derogation from Article 12(1)(b) and Article 12(2)(c)(ii), a third
country, territory, zone or compartment from which imports of
poultrymeat into the Community are authorised, shall be consid-
ered as free from Newcastle disease where the additional health
requirements laid down in Part II of Annex VII are complied with.

CHAPTER IV

SPECIFIC CONDITIONS FOR IMPORTS

Article 14

Specific conditions for imports of poultry, hatching eggs
and day-old chicks

In addition to the conditions laid down in Chapters II and III,

1.
the following specific conditions shall apply to imports of:

(a) breeding and productive poultry other than ratites, hatching
eggs and day-old chicks other than of ratites, the require-
ments set out in Annex VIII;

(b)

ratites for breeding and production, hatching eggs and day-
old chicks thereof, the requirements set out in Annex IX.

2.
The conditions provided for in paragraph 1 shall not apply
to single consignments of less than 20 units of poultry other than,
ratites, hatching eggs or day-old chicks thereof.

Article 15

Specific conditions for imports of specified pathogen-free
eggs

In addition to the requirements provided for in Articles 3 to 6,
specified pathogen-free eggs imported into the Community shall
comply with the following requirements:

(a)

they shall be marked with a stamp bearing the ISO code of
the third country of origin and the approval number of the
establishment of origin;

(b) each package of specified pathogen-free eggs must only con-
tain eggs from the same third country of origin, establish-
ment and consignor, and must bear at least the following
particulars:

(i)

the information shown on the eggs as provided for in
point (a);

(ii) a clearly visible and legible indication that the consign-

ment contains specified pathogen-free eggs;

(iii) the consignor’s name or business name and address.

Article 16

Specific conditions for transport of poultry
and day-old chicks

Poultry and day-old chicks imported into the Community shall
not be:

(a)

loaded onto a means of transport carrying other poultry and
day-old chicks of a lower health status;

(b)

in the course of transport to the Community, shall not be
moved through nor unloaded in a third country, territory,
zone or compartment from which imports of such poultry
and day-old chicks into the Community are not authorised.

Article 17

Specific conditions for imports of meat of ratites

Only meat derived from ratites which have undergone the pro-
tective measures in relation to Crimean-Congo haemorrhagic
fever, laid down in Part II of Annex X, may be imported into the
Community.

CHAPTER V

SPECIFIC CONDITIONS FOR TRANSIT

Article 18

Derogation for transit through Latvia, Lithuania
and Poland

By way of derogation from Article 4(4), transit by road or
1.
by rail shall be authorised between the border inspection posts in
Latvia, Lithuania and Poland listed in the Annex to Commission
Decision 2001/881/EC (1), of consignments of meat, minced
meat and mechanically separated meat of poultry including ratites
and wild game-birds, eggs and egg products and specified
pathogen-free eggs coming from and bound for Russia, directly or
via another third country, where the following conditions are
met:

(a)

the consignment is sealed with a serially numbered seal by
the official veterinarian at the border inspection post of entry;

(b)

the documents accompanying the consignment, as provided
for in Article 7 of Directive 97/78/EC, are stamped with the
words ‘Only for transit to Russia via the EC’ on each page by
the official veterinarian at the border inspection post of entry;

(c)

specified pathogen-free eggs imported into the Community
must be transported directly to their final destination after
import controls have been completed satisfactorily.

(c)

the procedural requirements provided for in Article 11 of
Directive 97/78/EC are complied with;

(1) OJ L 326, 11.12.2001, p. 44.

23.8.2008

EN

Official Journal of the European Union

L 226/9

(d)

the consignment is certified as acceptable for transit on the
common veterinary entry document issued by the official
veterinarian at the border inspection post of entry.

References to the repealed Decisions shall be construed as refer-
ences to this Regulation and shall be read in accordance with the
correlation table in Annex XII.

2.
The consignments, as referred to in paragraph 1, may not
be unloaded or put into storage, as referred to in Article 12(4) or
in Article 13 of Directive 97/78/EC, within the Community.

3.
Regular audits shall be conducted by the competent author-
ity to ensure that the number of consignments, as referred to in
paragraph 1, and the corresponding quantities of products leav-
ing the Community correspond with the number and quantities
entering the Community.

Article 20

Transitional provisions

Commodities in respect of which the relevant veterinary certifi-
cates have been issued in accordance with Decisions 93/342/EEC,
94/438/EC and 2006/696/EC may be imported into or transit
through the Community until 15 February 2009.

CHAPTER VI

TRANSITIONAL AND FINAL PROVISIONS

Article19

Repeals

Article 21

Entry into force

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

Decisions 93/342/EEC, 94/438/EC and 2006/696/EC are
repealed.

It shall apply from 1 January 2009.

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

Done at Brussels, 8 August 2008.

For the Commission
Androulla VASSILIOU
Member of the Commission

L 226/10

EN

Official Journal of the European Union

23.8.2008

I

X
E
N
N
A

,

T
A
E
M
D
E
T
A
R
A
P
E
S
Y
L
L
A
C
I
N
A
H
C
E
M

,

T
A
E
M
D
E
C
N
M

I

,

T
A
E
M

,

S
G
G
E

E
E
R
F
-
N
E
G
O
H
T
A
P
D
E
I
F
I
C
E
P
S

,

S
K
C
I
H
C
D
L
O
Y
A
D

-

,

S
G
G
E
G
N
H
C
T
A
H

I

,

Y
R
T
L
U
O
P

1
P

1
P

a
l
l
e
n
o
m
l
a
S

s
u
t
a
t
s

l

o
r
t
n
o
c

n
a
i
v
A

a
z
n
e
u
l
f
n

i

n
o
i
t
a
n
i
c
c
a
v

s
u
t
a
t
s

n
a
i
v
A

a
z
n
e
u
l
f
n

i

e
c
n
a
l
l
i
e
v
r
u
s

s
u
t
a
t
s

9

8

7

A

i

g
n
n
e
p
O

)
2
(

e
t
a
d

g
n
i
s
o
C

l

)
1
(

e
t
a
d

c
i
f
i
c
e
p
S

s
n
o
i
t
i
d
n
o
c

l
a
n
o
i
t
i
d
d
A

s
e
e
t
n
a
r
a
u
g

B
6

A
6

6

5

)
s
(
l
e
d
o
M

4

E

,

P
E

F
P
S

s
n
o
i
t
i
d
n
o
c

c
i
f
i
c
e
p
S

e
t
a
c
i
f
i
t
r
e
c

y
r
a
n
i
r
e
t
e
V

s
t
n
e
m

t
r
a
p
m
o
c

r
o

s
e
n
o
z

,
s
e
i
r
o
t
i
r
r
e
t

,
s
e
i
r
t
n
u
o
c

d
r
i
h
t

f
o

t
s
i
L

S
T
C
U
D
O
R
P
G
G
E
D
N
A
S
G
G
E

1

T
R
A
P

,

y
r
t
n
u
o
c

d
r
i
h
t

f
o

n
o
i
t
p
i
r
c
s
e
D

r
o

e
n
o
z

,

y
r
o
t
i
r
r
e
t

t
n
e
m

t
r
a
p
m
o
c

d
r
i
h
t

f
o

e
d
o
C

,

y
r
t
n
u
o
c

,

y
r
o
t
i
r
r
e
t

r
o

e
n
o
z

t
n
e
m

t
r
a
p
m
o
c

d
r
i
h
t

f
o

e
m
a
n

d
n
a

e
d
o
c
O
S
I

y
r
o
t
i
r
r
e
t

r
o

y
r
t
n
u
o
c

3

2

1

y
r
t
n
u
o
c

e
l
o
h
W

0
-
L
A

l

a
i
n
a
b
A
—
L
A

I
I
I

V

I

I
I

I
I
I

I

V

I
I

V

M
G
W

F
P
S

E

,

P
E

P
R
S

,

P
E
H

,

C
O
D

,

P
P
B

R
P
B

R
O
D

R
E
H

U
O
P

T
A
R

F
P
S

:
f
o

s
e
t
a
t
S

y
r
t
n
u
o
c

e
l
o
h
W

0
-
R
B

y
r
t
n
u
o
c

e
l
o
h
W

0
-
U
A

a
i
l
a
r
t
s
u
A
—
U
A

E

,

P
E

,

T
A
R

,

U
O
P

y
r
t
n
u
o
c

e
l
o
h
W

0
-
R
A

a
n
i
t
n
e
g
r
A
—
R
A

,

R
E
H

,

R
O
D

,

R
P
B

,

T
A
R

A
R
S

a
t
n
a
S

,
l

u
S

o
d

e
d
n
a
r
G
o
R

i

o
ã
S

,
á
n
a
r
a
P

,
a
n
i
r
a
t
a
C

o
d

o
s
s
o
r
G
o
t
a
M
d
n
a

l

o
u
a
P

P
R
S

,

P
E
H

,

C
O
D

,

P
P
B

i

o
R

,
á
n
a
r
a
P

,

o
s
s
o
r
G
o
t
a
M

l

o
u
a
P

o
ã
S

d
n
a

a
n
i
r
a
t
a
C

a
t
n
a
S

,
l

u
S

o
d

e
d
n
a
r
G

:
f
o

s
e
t
a
t
S

l

u
S

1
-
R
B

2
-
R
B

l
i
z
a
r
B
—
R
B

23.8.2008

EN

Official Journal of the European Union

L 226/11

1
P

—

4
0
0
2
2
6

.

.

I

I
I

I
I
I

I
I

V

V

I

I
I
I

V

I
I
I

V

2
P

I

V

I
I
I

V

M
G
W

U
O
P

,

E

,

P
E

F
P
S

E

,

P
E

R
P
B

R
O
D

R
E
H

T
A
R

F
P
S

E

,

P
E

s
e
t
a
t
S

d
n
a

l
a
r
e
d
e
F

o
t
i
r
t
s
i
D

:
f
o

o
t
a
M

,
s
i
a
r
e
G
s
a
n
M

i

,
s
á
i
o
G

o
d

o
s
s
o
r
G
o
t
a
M

,

o
s
s
o
r
G

e
d
n
a
r
G
o
R

i

,
á
n
a
r
a
P

,
l

u
S

d
n
a

a
n
i
r
a
t
a
C
a
t
n
a
S

,
l

u
S

o
d

l

o
u
a
P

o
ã
S

3
-
R
B

y
r
t
n
u
o
c

e
l
o
h
W

0
-
W
B

a
n
a
w
s
t
o
B
—
W
B

,

R
O
D

,

C
O
D

,

P
P
B

,

R
P
B

P
R
S

,

A
R
S

,

R
E
H

,

P
E
H

y
r
t
n
u
o
c

e
l
o
h
W

0
-
A
C

a
d
a
n
a
C
—
A
C

M
G
W

T
A
R

,

U
O
P

)
3
(

F
P
S

,

E

,

P
E

y
r
t
n
u
o
c

e
l
o
h
W

0
-
H
C

d
n
a
l
r
e
z
t
i

w
S

—
H
C

,

R
O
D

,

C
O
D

,

P
P
B

,

R
P
B

P
R
S

,

A
R
S

,

R
E
H

,

P
E
H

y
r
t
n
u
o
c

e
l
o
h
W

0
-
L
C

e
l
i

h
C
—
L
C

M
G
W

T
A
R

,

U
O
P

P
E

E

,

U
O
P

F
P
S

M
G
W

,

P
E

P
E

g
n
o
d
n
a
h
S

f
o

e
c
n
i
v
o
r
P

y
r
t
n
u
o
c

e
l
o
h
W

0
-
N
C

1
-
N
C

’

s
e
l
p
o
e
P
(

i

a
n
h
C
—
N
C

)
f
o

c
i
l

b
u
p
e
R

y
r
t
n
u
o
c

e
l
o
h
W

0
-
L
G

d
n
a
l
n
e
e
r
G
—
L
G

e
h
t

f
o

y
r
o
t
i
r
r
e
t

e
l
o
h
w
e
h
T

n
o
i
g
e
R
e
v
i
t
a
r
t
s
i
n
m
d
A

i

l
a
i
c
e
p
S

g
n
o
K
g
n
o
H

0
-
K
H

g
n
o
K
g
n
o
H
—
K
H

L 226/12

EN

Official Journal of the European Union

23.8.2008

1
P

1
P

A

4
0
0
2
2
6

.

.

2
P

V

I

I
I
I

V

I

I
I

I
I
I

I
I

V

F
P
S

,

C
O
D

,

R
O
D

,

P
P
B

,

R
P
B

P
R
S

,

A
R
S

,

R
E
H

,

P
E
H

M
G
W

,

T
A
R

,

U
O
P

,

E

,

P
E

F
P
S

,

R
O
D

,

C
O
D

,

P
P
B

,

R
P
B

P
R
S

,

R
E
H

,

P
E
H

M
G
W

T
A
R

,

U
O
P

E

,

P
E

P
E

F
P
S

E

,

P
E

E

,

P
E

P
E

F
P
S

M
G
W

,

E

,

P
E

—

P
E

E

P
E

F
P
S

P
E

F
P
S

R
P
B

R
O
D

R
E
H

E

,

P
E

,

T
A
R

P
E

F
P
S

I
I
I

V

M
G
W

T
A
R

,

U
O
P

,

E

,

P
E

,

R
O
D

,

C
O
D

,

P
P
B

,

R
P
B

P
R
S

,

A
R
S

,

R
E
H

,

P
E
H

y
r
t
n
u
o
c

e
l
o
h
W

0
-
R
H

a
i
t
a
o
r
C
—
R
H

y
r
t
n
u
o
c

e
l
o
h
W

0
-
L
I

l
e
a
r
s
I

—
L
I

y
r
t
n
u
o
c

e
l
o
h
W

0
-
N

I

a
i
d
n
I

—
N

I

y
r
t
n
u
o
c

e
l
o
h
W

0
-
S
I

d
n
a
l
e
c
I

—

S
I

y
r
t
n
u
o
c

e
l
o
h
W

y
r
t
n
u
o
c

e
l
o
h
W

0
-
R
K

O
-
E
M

)
p
e
R

(

a
e
r
o
K
—
R
K

o
r
g
e
n
e
t
n
o
M
—
E
M

y
r
t
n
u
o
c

e
l
o
h
W

0
-
G
M

r
a
c
s
a
g
a
d
a
M
—
G
M

r
a
l
u
s
n
n
e
P

i

n
r
e
t
s
e

W

1
-
Y
M

—

0
-
Y
M

a
i
s
y
a
l
a
M
—
Y
M

y
r
t
n
u
o
c

e
l
o
h
W

)
4
(

0
-
K
M

)
4
(

a
i
n
o
d
e
c
a
M

f
o

c
i
l

b
u
p
e
R

v
a
l
s
o
g
u
Y
r
e
m
r
o
F

—
K
M

y
r
t
n
u
o
c

e
l
o
h
W

0
-
X
M

o
c
i
x
e
M
—
X
M

y
r
t
n
u
o
c

e
l
o
h
W

0
-
A
N

i

a
i
b
m
a
N
—
A
N

y
r
t
n
u
o
c

e
l
o
h
W

0
-
C
N

a
i
n
o
d
e
l
a
C
w
e
N
—
C
N

y
r
t
n
u
o
c

e
l
o
h
W

0
-
Z
N

d
n
a
l
a
e
Z
w
e
N
—
Z
N

23.8.2008

EN

Official Journal of the European Union

L 226/13

t
c
e
j
b
u
s

s
i
h
t
n
o
e
c
a
l
p
g
n
i
k
a
t

y
l
t
n
e
r
r
u
c

s
n
o
i
t
a
i
t
o
g
e
n
f
o
n
o
i
s
u
l
c
n
o
c

e
h
t

i

g
n
w
o

l
l

o
f

d
e
e
r
g
a

e
b

l
l
i

w
h
c
i
h
w

,

y
r
t
n
u
o
c

s
i
h
t

r
o
f

e
r
u
t
a
l
c
n
e
m
o
n
e
v
i
t
i
n
i
f
e
d

e
h
t

y
a
w
y
n
a
n

i

e
g
d
u
j
e
r
p
t
o
n
s
e
o
d

t
a
h
t

e
d
o
c

l
a
n
o
i
s
i
v
o
r
p

;
a
i
n
o
d
e
c
a
M

f
o
c
i
l

b
u
p
e
R
v
a
l
s
o
g
u
Y
r
e
m
r
o
f

e
h
T

.
s
n
o
i
t
a
N
d
e
t
i
n
U
e
h
t

n

i

.
)
d
e
d
n
e
m
a

t
s
a
l

s
a

2
3
1

.

p

,

2
0
0
2
4
0
3

.

.

,

4
1
1

L

J

O

(

s
t
c
u
d
o
r
p

l
a
r
u
t
l
u
c
i
r
g
a

n

i

e
d
a
r
t

n
o

n
o
i
t
a
r
e
d
e
f
n
o
C
s
s
i
w
S

e
h
t

d
n
a

y
t
i
n
u
m
m
o
C
n
a
e
p
o
r
u
E

e
h
t

n
e
e
w
t
e
b

t
n
e
m
e
e
r
g
a

e
h
t

h
t
i

w
e
c
n
a
d
r
o
c
c
a

n

i

s
e
t
a
c
i
f
i
t
r
e
C

.

y
t
i
n
u
m
m
o
C
e
h
t

o
t
n

i

d
e
t
r
o
p
m

i

e
b

y
a
m
e
t
a
d

s
i
h
t

r
e
t
f
a

d
e
c
u
d
o
r
p

s
e
i
t
i
d
o
m
m
o
c

y
l
n
O

.
e
t
a
d

s
i
h
t

m
o
r
f

s
y
a
d

0
9

f
o

d
o
i
r
e
p

a

g
n
i
r
u
d

y
t
i
n
u
m
m
o
C
e
h
t

o
t
n

i

d
e
t
r
o
p
m

i

e
b

y
a
m
e
t
a
d

s
i
h
t

e
r
o
f
e
b

d
e
c
u
d
o
r
p

,
s
a
e
s

h
g
i
h

e
h
t

n
o

d
e
t
r
o
p
s
n
a
r
t

e
s
o
h
t

i

g
n
d
u
l
c
n

i

,
s
e
i
t
i
d
o
m
m
o
C

)
1
(

)
2
(

)
3
(

)
4
(

.

9
9
9
1

e
n
u
J

0
1

f
o

4
4
2
1

n
o
i
t
u
o
s
e
R

l

l
i
c
n
u
o
C
y
t
i
r
u
c
e
S

s
n
o
i
t
a
N
d
e
t
i
n
U
y
b

d
e
n
i
f
e
d

s
a

,

o
v
o
s
o
K
g
n
d
u
l
c
n

i

i

t
o
N

)
5
(

4
0
0
2
1
3
2

.

.

4
0
0
2
1
3
2

.

.

2
P

2
P

I
I
I

V

V

I

I
I
I

V

V

I

I
I
I

V

I

I
I

I
I
I

I
I

V

I
I

V

F
P
S

P
E

P
E

P
E

P
E

,

F
P
S

M
G
W

T
A
R

,

U
O
P

,

E

F
P
S

R
E
H

,

P
P
B

,

R
P
B

,

R
O
D

M
G
W

T
A
R

,

U
O
P

,

E

,

P
E

F
P
S

P
E

,

E

F
P
S

,

R
O
D

,

C
O
D

,

P
P
B

,

R
P
B

P
R
S

,

A
R
S

,

R
E
H

,

P
E
H

M
G
W

T
A
R

,

U
O
P

,

E

,

P
E

F
P
S

T
A
R

,

E

,

P
E

F
P
S

E

,

P
E

R
P
B

R
O
D

R
E
H

T
A
R

T
A
R

E

,

P
E

y
r
t
n
u
o
c

e
l
o
h
W

0
-
M
P

d
n
a

e
r
r
e
i
P

t
S

—
M
P

n
o
l
e
u
q
i
M

y
r
t
n
u
o
c

e
l
o
h
W

)
5
(

0
-
S
X

)
5
(

a
i
b
r
e
S

—

S
R

y
r
t
n
u
o
c

e
l
o
h
W

y
r
t
n
u
o
c

e
l
o
h
W

0
-
U
R

0
-
G
S

n
o
i
t
a
r
e
d
e
F

n
a
i
s
s
u
R
—
U
R

e
r
o
p
a
g
n
i
S

—
G
S

y
r
t
n
u
o
c

e
l
o
h
W

0
-
H
T

d
n
a
l
i
a
h
T
—
H
T

y
r
t
n
u
o
c

e
l
o
h
W

0
-
N
T

a
i
s
i
n
u
T
—
N
T

y
r
t
n
u
o
c

e
l
o
h
W

0
-
R
T

y
e
k
r
u
T
—
R
T

y
r
t
n
u
o
c

e
l
o
h
W

0
-
S
U

s
e
t
a
t
S

d
e
t
i
n
U
—

S
U

y
r
t
n
u
o
c

e
l
o
h
W

0
-
Y
U

y
a
u
g
u
r
U
—
Y
U

y
r
t
n
u
o
c

e
l
o
h
W

0
-
A
Z

a
c
i
r
f
A
h
t
u
o
S

—
A
Z

y
r
t
n
u
o
c

e
l
o
h
W

0
-
W
Z

i

e
w
b
a
b
m
Z
—
W
Z

L 226/14

EN

Official Journal of the European Union

23.8.2008

PART 2

Model veterinary certificates

Model(s):

‘BPP’:

‘BPR’:

‘DOC’:

‘DOR’:

‘HEP’:

‘HER’:

‘SPF’:

‘SRP’:

‘SRA’:

‘POU’:

Model veterinary certificate for breeding or productive poultry other than ratites

Model veterinary certificate for breeding or productive ratites

Model veterinary certificate for day-old chicks other than of ratites

Model veterinary certificate for day-old chicks of ratites

Model veterinary certificate for hatching eggs of poultry other than ratites

Model veterinary certificate for hatching eggs of ratites

Model veterinary certificate for specified pathogen-free eggs

Model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than
ratites

Model veterinary certificate for slaughter ratites

Model veterinary certificate for meat of poultry

‘POU-MI/MSM’:

Model veterinary certificate for minced meat and mechanically separated meat of poultry

‘RAT’:

Model veterinary certificate for meat of farmed ratites for human consumption

‘RAT-MI/MSM’:

Model veterinary certificate for minced meat and mechanically separated meat of farmed ratites for
human consumption

‘WGM’:

Model veterinary certificate for wild game-bird meat

‘WGM-MI/MSM’: Model veterinary certificate for wild game-bird minced meat and mechanically separated meat

‘E’:

‘EP’:

Model veterinary certificate for eggs

Model veterinary certificate for egg products

Additional guarantees (AG):

‘I’:

‘II’:

‘III’:

‘IV’:

‘V’:

‘VI’:

‘VII’:

Guarantees for breeding and productive ratites coming from a third country, territory or zone not free from
Newcastle disease, certified in accordance with model BPR

Guarantees for day-old chicks of ratites coming from a third country, territory or zone not free from Newcastle
disease, certified in accordance with model DOR

Guarantees for hatching eggs of ratites coming from a third country, territory or zone not free from Newcastle
disease certified in accordance with model HER

Relevant guarantees for breeding poultry of Gallus gallus, day-old chicks of Gallus gallus intended for breeding
purposes and hatching eggs of Gallus gallus in accordance with EU provisions on the control of Salmonella, have
been provided and shall be certified in accordance with model BPP, DOC and HEP respectively

Guarantees for slaughter ratites coming from a third country, territory or zone not free from Newcastle disease,
certified in accordance with model SRA

additional guarantees covering poultrymeat certified in accordance with model POU

additional guarantees covering meat of farmed ratites for human consumption certified in accordance with
model RAT

‘VIII’:

additional guarantees for wild game-bird meat certified in accordance with model WGM

Salmonella control programme:

‘P1’:

Prohibition to import into the Community breeding poultry of Gallus gallus, day-old chicks of Gallus gallus
intended for breeding purposes and hatching eggs of Gallus gallus because a Salmonella control programme in
accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.

Specific conditions:

‘P2’:

‘P3’:

Prohibition to import into or transit through the Community due to restrictions related to a HPAI outbreak

Prohibition to import into or transit through the Community due to restrictions related to a ND outbreak

23.8.2008

EN

Official Journal of the European Union

L 226/15

Avian influenza surveillance programme and avian influenza vaccination plan:

Third country, territory, zone or compartment carries out an avian influenza surveillance programme in
accordance with Regulation (EC) No 798/2008

Third country, territory, zone or compartment carries out vaccination against avian influenza in accordance with
Regulation (EC) No 798/2008

‘A’:

‘B’:

Notes

General notes:

(a) Veterinary certificates based on the models in Part 2 of this Annex and following the layout of the model that corre-
sponds to the commodity concerned shall be issued by the exporting country, territory, zone or compartment. They
shall contain, in the order appearing in the model, the attestations that are required for any third country and, where
applicable, those additional health requirements required for the exporting country, territory, zone or compartment.

Where additional guarantees are required by the EU Member State of destination for the commodity concerned, these
shall also be entered on the original of the veterinary certificate.

(b) A separate, single certificate must be presented for each consignment of the commodity concerned, exported to the
same destination from a territory appearing in columns 2 and 3 of Part 1 of this Annex and transported in the same
railway wagon, lorry, aircraft or ship.

(c) The original of certificates shall consist of a single page printed on both sides or, where more text is required, such that

all the pages form a whole and cannot be separated.

(d) The certificate shall be drawn up in at least one official language of the EU Member State where the border inspection
takes place and in one official language of the EU Member State of destination. However, those Member States may
allow another Community language instead of their own, accompanied, if necessary, by an official translation.

(e) Where additional pages are attached to the certificate for the purposes of identifying the items making up the consign-
ment, such additional pages shall also be considered to form part of the original of the certificate, provided the signa-
ture and stamp of the certifying official veterinarian appear on each page.

(f) Where the certificate, including any additional pages as provided for in (e), comprises more than one page, each page
shall be numbered ‘–x(page number) of y(total number of pages)–’ on the bottom and shall bear the code number of the
certificate allocated by the competent authority on the top.

(g) The original of the certificate must be completed and signed by an official veterinarian not more than 24 hours prior
to loading of the consignment for imports to the Community, unless otherwise stated. To that end, the competent
authorities of the exporting country shall ensure that principles of certification equivalent to those laid down in Direc-
tive 96/93/EC are followed.

The colour of the signature shall be different from that of the printing. The same rule shall apply to stamps other than
embossed stamps or watermarks.

(h) The original of the certificate must accompany the consignment as far as the EU border inspection post.

Additional notes for poultry and day-old chicks:

(i)

The certificate shall be valid for 10 days from the date of issue, unless otherwise stated.

In the case of transport by ship, the term of validity shall be extended by the time taken by the voyage. To that end, the
original of a declaration by the ship’s master, drawn up in accordance with Annex II, shall be attached to the veterinary
certificate.

Poultry and day-old chicks shall not be transported with other poultry and day-old chicks that are either not intended
for the European Community or of a lower health status.

Poultry and day-old chicks shall not in the course of transport to the Community be moved through nor unloaded in
a third country, territory, zone or compartment from which imports of such poultry and day-old chicks into the Com-
munity are not authorised.

(j)

(k)

L 226/16

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for breeding or productive poultry other than ratites (BPP)

23.8.2008

EN

Official Journal of the European Union

L 226/17

L 226/18

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/19

L 226/20

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/21

Model veterinary certificate for breeding or productive ratites (BPR)

L 226/22

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/23

L 226/24

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/25

L 226/26

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for day-old chicks other than of ratites (DOC)

23.8.2008

EN

Official Journal of the European Union

L 226/27

L 226/28

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/29

L 226/30

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/31

L 226/32

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for day-old chicks of ratites (DOR)

23.8.2008

EN

Official Journal of the European Union

L 226/33

L 226/34

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/35

L 226/36

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/37

Model veterinary certificate for hatching eggs of poultry other than ratites (HEP)

L 226/38

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/39

L 226/40

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/41

L 226/42

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for hatching eggs of ratites (HER)

23.8.2008

EN

Official Journal of the European Union

L 226/43

L 226/44

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/45

L 226/46

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/47

Model veterinary certificate for specified pathogen-free eggs (SPF)

L 226/48

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/49

L 226/50

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than ratites (SRP)

23.8.2008

EN

Official Journal of the European Union

L 226/51

L 226/52

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/53

L 226/54

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for slaughter ratites (SRA)

23.8.2008

EN

Official Journal of the European Union

L 226/55

L 226/56

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/57

L 226/58

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for meat of poultry (POU)

23.8.2008

EN

Official Journal of the European Union

L 226/59

L 226/60

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/61

L 226/62

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for minced meat and mechanically separated meat of poultry (POU-MI/MSM)

(Not yet established)

23.8.2008

EN

Official Journal of the European Union

L 226/63

Model veterinary certificate for meat of farmed ratites for human consumption (RAT)

L 226/64

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/65

L 226/66

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/67

Model veterinary certificate for minced meat and mechanically separated meat of farmed ratites
for human consumption (RAT-MI/MSM)

(Not yet established)

L 226/68

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for wild game-bird meat (WGM)

23.8.2008

EN

Official Journal of the European Union

L 226/69

L 226/70

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/71

Model veterinary certificate for wild game-bird minced meat and mechanically separated meat (WGM-MI/MSM)

(Not yet established)

L 226/72

EN

Official Journal of the European Union

23.8.2008

Model veterinary certificate for eggs (E)

23.8.2008

EN

Official Journal of the European Union

L 226/73

L 226/74

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/75

Model veterinary certificate for egg products (EP)

L 226/76

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/77

ANNEX II

(as referred to in Article 4)

(To be completed and attached to the veterinary certificate where transport of poultry and day-old chicks to the European Community
border includes transport by ship, even for part of the journey.)

L 226/78

EN

Official Journal of the European Union

23.8.2008

COMMUNITY ACTS, INTERNATIONAL STANDARDS AND PROCEDURES FOR EXAMINATION, SAMPLING
AND TESTING AS REFERRED TO IN ARTICLE 6

ANNEX III

I.

Before import into the Community

Methods for standardisation of materials and procedures for examination, sampling and testing for:

1. Avian influenza

— Diagnostic manual for avian influenza as laid down in Commission Decision 2006/437/EC (1); or

— Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal

Health (OIE) (2).

2. Newcastle disease

— Annex III to Council Directive 92/66/EEC (3); or

— Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal

Health (OIE);

— Where Article 12 of Directive 90/539/EEC applies, the sampling and testing methods must comply with

the methods described in Annexes to Commission Decision 92/340/EEC (4).

3.

Salmonella pullorum and Salmonella gallinarum

— Chapter III of Annex II to Directive 90/539/EEC; or

— Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal

Health (OIE).

4.

Salmonella arizonae

— Serological examination: 60 birds must be sampled at the point of lay with methods described in the Manual
of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal Health (OIE).

5. Mycoplasma gallisepticum

— Chapter III of Annex II to Directive 90/539/EEC; or

— Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for animal

Health (OIE).

6. Mycoplasma meleagridis

Chapter III of Annex II to Directive 90/539/EEC.

7.

Salmonella of public health significance

The detection method recommended by the Community reference laboratory (CRL) for Salmonella in Bilthoven,
the Netherlands, or an equivalent method shall be used. That method is described in the current version of draft
Annex D of ISO 6579 (2002): ‘Detection of Salmonella spp. in animal faeces and in samples of the primary pro-
duction stage’. In that detection method, a semi-solid medium (modified semi-solid Rappaport-Vassiladis medium,
MSRV) is used as the single selective enrichment medium.

Serotyping shall be carried out following the Kauffmann-White scheme or an equivalent method.

(1) OJ L 237, 31.8.2006, p. 1.
(2) http://www.oie.int/eng/normes/mmanual/A_summry.htm
(3) OJ L 260, 5.9.1992, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).
(4) OJ L 188, 8.7.1992, p. 34.

23.8.2008

EN

Official Journal of the European Union

L 226/79

II. After import into the Community

Sampling and testing procedures for avian influenza and Newcastle disease:

During the period referred to in point II.1 of Annex VIII, the official veterinarian shall take samples from the imported
poultry for virological examination, to be tested as follows:

— Between the seventh and the fifteenth day following the date of commencement of the isolation period, cloacal
swabs must be taken from all birds where the consignment contains less than 60 birds, and from at least 60 birds
where consignments contain more than 60 birds;

— Testing of samples must be carried out in official laboratories designated by the competent authority, using diag-

nostic procedures for:

(i)

avian influenza as laid down in the diagnostic manual in Commission Decision 2006/437/EC;

(ii) Newcastle disease as laid down in Annex III to Council Directive 92/66/EEC.

III. General requirements

— Samples may be pooled, subject to a maximum of five samples from individual birds in each pool.

— Virus isolates must be sent without delay to the national reference laboratory.

L 226/80

EN

Official Journal of the European Union

23.8.2008

ANNEX IV

(as referred to in Article 8(2)(d), Article 9(2)(b) and Article 10

REQUIREMENTS FOR AVIAN INFLUENZA SURVEILLANCE PROGRAMMES AND INFORMATION TO BE
SUBMITTED (1)

I. Requirements for avian influenza surveillance in poultry carried out in third countries, territories, zones or

compartments as referred to in Article 10.

A.

surveillance for avian influenza in poultry:

1. Description of objectives

2.

Third country, territory, zone or compartment (keep as appropriate):

3.

Type of surveillance:

— Serological surveillance

— Virological surveillance

— Targeted avian influenza subtypes

4.

Sampling criteria:

— Targeted species (for example, turkeys, chicken, partridges)

— Targeted categories (for example, breeders, layers)

— Targeted husbandry systems (for example, commercial establishments, backyard flocks)

5.

Statistical basis for number of establishments sampled:

— Number of establishments in area

— Number of establishments per category

— Number of establishments to be sampled per poultry category

6.

Frequency of sampling

7. Number of samples taken per establishment/shed

8.

Time period for sampling

9.

Type of samples taken (tissue, faeces, cloacal/oropharyngeal/tracheal swabs)

10. Laboratory tests used (for example, AGID, PCR, HI, Virus isolation.)

11.

Indication of laboratories carrying out testing at central, regional or local level (keep as appropriate)

Indication of reference laboratory carrying out confirmatory testing (avian influenza national reference labo-
ratory, OIE or Community reference laboratory for avian influenza)

12. Reporting system/protocol used for avian influenza surveillance results (include results where available)

13. Follow-up investigations of positive results for subtypes H5 and H7.

(1) Please give as much detailed information as necessary to allow proper assessment of the programme.

23.8.2008

EN

Official Journal of the European Union

L 226/81

B. where available information on surveillance for avian influenza in wild birds to assess risk factors for avian influenza introduc-

tion into poultry:

1.

Type of surveillance:

— Serological surveillance

— Virological surveillance

— Targeted avian influenza subtypes

Sampling criteria

Targeting of wild bird species (indicate species names in Latin)

Targeting of selected areas

Information referred to in point 6 and points 8 to 12 of Part I.A.

2.

3.

4.

5.

II. Avian influenza surveillance to be carried out following the occurrence of an outbreak of that disease in a third
country, territory, zone or compartment previously free from that disease, as referred to in Articles 8(2)(d)
and 9(2)(b)

Surveillance for avian influenza must provide at least the confidence by a randomised representative sample of the popu-
lations at risk to demonstrate the absence of infection taking into account the specific epidemiological circumstances in
relation to the occurred outbreak(s).

L 226/82

EN

Official Journal of the European Union

23.8.2008

ANNEX V

(as referred to in Article 11(a))

INFORMATION TO BE SUBMITTED BY A THIRD COUNTRY VACCINATING AGAINST AVIAN
INFLUENZA (1)

I. Requirements for vaccination plans carried out in a third country, territory, zone or compartment as referred

to in Article 11

1.

Country, territory, zone or compartment (keep as appropriate)

2. Disease history (previous outbreaks in poultry or cases in wild birds of HPAI/LPAI)

3. Description of the reasons for the decision on the introduction of vaccination

4.

Risk assessment based on:

— Avian influenza outbreak within that third country, territory, zone or compartment (keep as appropriate)

— Avian influenza outbreak in a nearby country

— Other risk factors such as certain areas, type of poultry husbandry or categories of poultry or other captive

birds

5. Geographical area where vaccination is carried out

6. Number of establishments in vaccination area

7. Number of establishments where vaccination is carried out, if different from number in point 6

8.

Species and categories of poultry or other captive birds in vaccination territory, zone or compartment

9. Approximate number of poultry or other captive birds in the establishments referred to in point 7

10. Summary of the vaccine characteristics

11. Authorisation, handling, manufacture, storage, supply, distribution and sale of avian influenza vaccines on national

territory

12.

Implementation of a DIVA strategy

13. Envisaged duration of vaccination campaign

14. Provisions and restrictions on the movements of vaccinated poultry and poultry products derived from vaccinated

poultry or vaccinated other captive birds

15. Clinical and laboratory tests carried out in the establishments vaccinated and/or located in the vaccination area

(e.g. efficacy and pre-movement testing etc.)

16. Means of record keeping (e.g. for the detailed information referred to point 15) and registration of holdings where

vaccination is carried out.

(1) Please give as much detailed information as necessary to allow proper assessment of the programme.

23.8.2008

EN

Official Journal of the European Union

L 226/83

II. Surveillance for third countries, territories, zones or compartments that carry out vaccination against avian

influenza as referred to in Article 11

Where vaccination is carried out in a third country, territory, zone or compartment all commercial establishments that
are vaccinated against avian influenza must be required to undergo laboratory testing and the following information, in
addition to the information referred to in Part I.A to Annex IV, shall be submitted:

1. Number of vaccinated establishments in area per category

2. Number of vaccinated establishments to be sampled per poultry category

3. Use of sentinel birds (indicate species and number of sentinel birds used per shed)

4. Number of samples taken per establishment and/or shed

5. Data on vaccine efficacy.

L 226/84

EN

Official Journal of the European Union

23.8.2008

ANNEX VI

(as referred to in Article 12(1)(b) and (2)(c)(ii) and Article 13(1)(a))

CRITERIA FOR RECOGNISED NEWCASTLE DISEASE VACCINES

I. General criteria

1.

2.

3.

Vaccines must be registered by the competent authorities of the third country concerned before being allowed to
be distributed and used. For such registration, the competent authorities must rely on a complete file containing
data about efficacy and innocuity; for imported vaccines the competent authorities may rely on data checked by
the competent authorities of the country where the vaccine is produced, as far as these checks have been carried
out in conformity with internationally accepted standards.

In addition, imports or production and distribution of the vaccines must be controlled by the competent authori-
ties of the third country concerned.

Before distribution is allowed, each batch of vaccines must be tested on innocuity, in particular regarding attenu-
ation or inactivation and absence of undesired contaminating agents, and on efficacy on behalf of the competent
authorities.

II. Specific criteria

1.

Live Newcastle disease vaccines shall be prepared from a Newcastle disease virus strain for which the master seed
has been tested and shown to have an intracerebral pathogenicity index (ICPI) of either:

(i)

less than 0,4, if not less than 107 EID50 are administered to each bird in the ICPI test; or

(ii)

less than 0,5, if not less than 108 EID50 are administered to each bird in the ICPI test.

2.

Inactivated Newcastle disease vaccines shall be prepared from a Newcastle disease virus strain with an intracerebral
pathogenicity index (ICPI) in one-day-old chicks of less than 0,7, if not less than 108 EID50 are administered to
each bird in the ICPI test.

23.8.2008

EN

Official Journal of the European Union

L 226/85

ANNEX VII

(as referred to in Article 13)

ADDITIONAL HEALTH REQUIREMENTS

I.

For poultry, day-old chicks and hatching eggs coming from a third country, Territory, zone or compartment
where vaccines used against Newcastle disease do not meet THE criteria of Annex VI

1. Where the third country, territory, zone or compartment does not prohibit the use of Newcastle disease vaccines
that do not meet the specific criteria set out in Annex VI the following additional health requirements shall apply to:

(a)

(b)

poultry, including day-old chicks must not have been vaccinated with such vaccines for at least 12 months
preceding the date of import to the Community;

the flock or flocks must have undergone a virus isolation test for Newcastle disease not earlier than two weeks
before the date of import into the Community or, in the case of hatching eggs, not earlier than two weeks
before the date of collection of the eggs:

(i)

carried out in an official laboratory;

(ii) on a random sample of cloacal swabs from at least 60 birds in each flock;

(iii)

in which no avian paramyxoviruses with an Intracerebral Pathogenicity Index of more than 0,4 have been
found.

(c)

poultry must have been kept in isolation under official surveillance on the establishment of origin during the
two-week period referred to in (b);

(d) poultry must not have been in contact with poultry not meeting the requirements set out in (a) and (b) during
a period of 60 days before the date of import into the Community or, in the case of hatching eggs, during a
period of 60 days before the date of collection of the eggs.

2. Where day-old chicks are imported from a third country, territory, zone or compartment as referred to in point 1,
the day-old chicks and the hatching eggs from which the day-old chicks are derived must not have been in contact
in the hatchery or during transport with poultry or hatching eggs not meeting the requirements set out in point 1(a)
to (d).

II. For meat of poultry

Meat of poultry must come from slaughter poultry that:

(a)

has not been vaccinated with vaccines prepared from a Newcastle disease virus master seed showing a higher patho-
genicity than lentogenic strains of the virus within 30 days preceding slaughter;

(b) underwent a virus isolation test for Newcastle disease, carried out in an official laboratory at the time of slaughter
on a random sample of cloacal swabs from at least 60 birds in each flock concerned and in which no avian
paramyxoviruses with an Intracerebral Pathogenicity Index (ICPI) of more than 0,4 were found;

(c)

has not been in contact in 30 days preceding the date of slaughter with poultry that does not fulfil the conditions
set out in (a) and (b).

L 226/86

EN

Official Journal of the European Union

23.8.2008

ANNEX VIII

(as referred to in Article 14(1)(a))

BREEDING AND PRODUCTIVE POULTRY OTHER THAN RATITES, HATCHING EGGS AND DAY-OLD
CHICKS OTHER THAN OF RATITES

I. Requirements applicable before import

1.

Breeding and productive poultry other than ratites, hatching eggs and day-old chicks other than of ratites for import
into the Community shall only come from establishments which have been approved by the competent authority
of the third country concerned in accordance with conditions that are at least as strict as those laid down in
Annex II to Directive 90/539/EEC and where such approval has not been suspended or withdrawn.

2. Where breeding and productive poultry other than ratites, hatching eggs and day-old chicks other than of ratites
and/or their flocks of origin are to undergo testing to meet the requirements of the relevant veterinary certificates
laid down in this Regulation, sampling for testing and the testing itself must be carried out in accordance with
Annex III.

3. Hatching eggs for import into the Community shall bear the name of the third country of origin and the word

‘hatching’ that is more than 3mm high in one of the official languages of the Community.

4.

Each package of hatching eggs as referred to in point 3 shall contain only eggs of a single species, category and
type of poultry from the same third country, territory, zone or compartment of origin and consignor, and shall
bear at least the following particulars:

(a)

the information shown on the eggs as provided for in point 3;

(b)

the species of poultry from which the eggs come;

(c)

the consignor’s name or business name and address.

5.

Each box of imported day-old chicks shall contain only a single species, category and type of poultry from the same
third country, territory, zone or compartment of origin, hatchery and consignor and shall bear at least the follow-
ing particulars:

(a)

the name of the third country, territory, zone or compartment of origin;

(b)

the species of poultry to which the day-old chicks belong;

(c)

the distinguishing number of the hatchery;

(d)

the consignor’s name or business name and address.

II. Requirements applicable after imports

1.

Imported breeding and productive poultry other than ratites and day-old chicks other than of ratites shall be kept
on the establishment(s) of destination from their date of arrival:

(a)

for a period of at least six weeks; or

(b) where the birds are slaughtered before the expiry of the period referred to in (a), until the day of slaughter.

However, the period provided for in (a) may be reduced to three weeks, provided that sampling and testing in accor-
dance with Annex III have been carried out with favourable results.

2.

Breeding and productive poultry other than ratites which have been hatched from imported hatching eggs shall be
kept for at least three weeks from the date of hatching in the hatchery or for at least three weeks on the establish-
ment(s) to which the poultry has been sent after hatching.

Where day-old chicks are not reared in the Member State which imported the hatching eggs, they shall be trans-
ported directly to the final destination (as specified in points 1.10 and 1.11 of the health certificate, Model 2 in
Annex IV to Directive 90/539/EEC) and kept there for at least three weeks from the date of hatching.

23.8.2008

EN

Official Journal of the European Union

L 226/87

3. During the relevant periods, as referred to in points 1 and 2, imported breeding and productive poultry and day-
old chicks and breeding and productive poultry other than ratites which have hatched from imported hatching eggs
shall be kept in isolation in poultry houses where no other flocks are present.

However, they may be introduced into poultry houses where breeding and productive poultry and day-old chicks
are already present.

In that case, the relevant periods referred to in points 1 and 2 shall commence from the date of introduction of the
last imported bird and no poultry present shall be moved from the poultry houses before the end of those periods.

4.

Imported hatching eggs shall be hatched in separate incubators and hatchers.

However, imported hatching eggs may be introduced into incubators and hatchers where other hatching eggs are
already present.

In that case, the periods referred to in points 1 and 2 shall commence from the date of introduction of the last
imported hatching egg.

5. No later than the date of expiry of the relevant periods as provided for in point 1 or 2, imported breeding and pro-
ductive poultry and day-old chicks shall undergo a clinical examination carried out by the official veterinarian and,
where necessary, samples shall be taken to monitor their state of health.

L 226/88

EN

Official Journal of the European Union

23.8.2008

ANNEX IX

(as referred to in Article 14(1)(b))

RATITES FOR BREEDING AND PRODUCTION, HATCHING EGGS AND DAY-OLD CHICKS THEREOF

I.

Requirements applicable before import

1.

2.

3.

Imported ratites for breeding and production (ratites) shall be identified by neck-tags and/or microchips bearing
the ISO code of the third country of origin. Such microchips must comply with ISO standards.

Imported hatching eggs of ratites shall be marked with a stamp indicating the ISO code of the third country of
origin and the approval number of the establishment of origin.

Each package of hatching eggs as referred to in point 2 shall contain only eggs of ratites from the same third coun-
try, territory, zone or compartment of origin and consignor, and shall bear at least the following particulars:

(a)

the information shown on the eggs as provided for in point 2;

(b)

a clearly visible and legible indication that the consignment contains hatching eggs of ratites;

(c)

the consignor’s name or business name and address.

4.

Each box of imported day-old chicks of ratites for breeding and production shall contain only ratites from the same
third country, territory, zone or compartment of origin, establishment and consignor, and shall bear at least the
following particulars:

(a)

the ISO code of the third country of origin and the approval number of the establishment of origin;

(b)

a clearly visible and legible indication that the consignment contains day-old chicks of ratites;

(c)

the consignor’s name or business name and address.

II. Requirements applicable after import

1. After the import controls have been carried out in accordance with Directive 91/496/EEC, consignments of ratites

and hatching eggs and day-old chicks thereof shall be transported directly to the final destination.

2.

Imported ratites and day-old chicks thereof shall be kept on the establishment(s) of destination from their date of
arrival:

(a)

for a period at least six weeks; or

(b) where the birds are slaughtered before the expiry of the period referred to in (a), until the day of slaughter.

3.

Ratites which have hatched from imported hatching eggs shall be kept for a period of at least three weeks from
the date of hatching in the hatchery or for at least three weeks on the establishment(s) to which they have been
sent after hatching.

4. During the relevant periods as referred to in points 2 and 3, imported ratites and ratites which have hatched from
imported hatching eggs shall be kept in isolation in poultry houses where no other ratites or poultry are present.

However, they may be introduced into poultry houses where other ratites or poultry are already present. In that
case, the periods referred to in points 2 and 3 shall commence from the date of introduction of the last imported
ratite and no ratites or poultry present shall be moved from the poultry housing before the end of those periods.

23.8.2008

EN

Official Journal of the European Union

L 226/89

5.

Imported hatching eggs shall be hatched in separate incubators and hatchers.

However, imported hatching eggs may be introduced into incubators and hatchers where other hatching eggs are
already present. In that case, the periods referred to in points 2 and 3 shall commence from the date of introduc-
tion of the last imported hatching egg and the measures as provided for in those points shall apply.

6. No later than the date of expiry of the relevant periods as referred to in point 2 or 3, imported ratites and day-old
chicks thereof shall undergo a clinical examination carried out by an official veterinarian and, where necessary,
samples shall be taken to monitor their state of health.

III. Requirements for ratites for breeding and production and day-old chicks thereof from Asia and Africa appli-

cable on their import into the Community

The protective measures for Crimean-Congo haemorrhagic fever set out in Part I of Annex X shall apply to ratites for
breeding and production and day-old chicks thereof coming from third countries, territories, zones or compartments
in Asia and Africa.

All ratites testing positive to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever provided
for therein shall be destroyed.

All birds of the same consignment shall be retested by the competitive ELISA test 21 days after the date of the original
sampling. Where any bird tests positive all birds in the same consignment shall be destroyed.

IV. Requirements for ratites for breeding and production from a third country, territory or zone considered to

be infected with Newcastle disease

The following rules shall apply to ratites and hatching eggs thereof coming from a third country, territory or zone con-
sidered as infected with Newcastle disease and to day-old chicks that have hatched from such eggs:

(a)

before the date the isolation period begins, the competent authority shall check the isolation facilities as referred
to in point 4 of Part II of this Annex to verify whether they are satisfactory;

(b) during the relevant periods as referred to in points 2 and 3 of Part II of this Annex a virus isolation test for New-

castle disease shall be carried out on a cloacal swab or faeces sample from each ratite;

(c) where ratites are to be sent to a Member State, the status of which has been established in accordance with
Article 12(2) of Directive 90/539/EEC, a serological test shall be carried out on each ratite, in addition to the virus
isolation test provided for in point (b) of this Part;

(d) negative results of the tests provided for in points (b) and (c) shall be available before any bird is released from

isolation.

L 226/90

EN

Official Journal of the European Union

23.8.2008

ANNEX X

(as referred to in Article 17)

PROTECTIVE MEASURES IN RELATION TO CRIMEAN-CONGO HAEMORRHAGIC FEVER

I.

For ratites

The competent authority shall ensure that the ratites are isolated in rodent-proof, tick-free surroundings for at least
21 days prior to the date of import into the Community.

Before moving to the tick-free surroundings, the ratites shall be treated to ensure that all ectoparasites on them are
destroyed. After 14 days in tick-free surroundings, the ratites shall undergo the competitive ELISA test for antibodies to
Crimean-Congo haemorrhagic fever. Every animal put into isolation must test negative to the test. On the ratites’ arrival
in the Community, the treatment for ectoparasites and the serological test shall be repeated.

II. For ratites from which meat for import is derived

The competent authority shall ensure that the ratites are isolated in rodent-proof, tick-free surroundings for at least 14
days prior to the date of slaughter.

Before moving to the tick-free surroundings, the ratites shall either be examined to verify that they are tick-free or treated
to ensure that all ticks on them are destroyed. The treatment used must be specified on the import certificate. Any treat-
ment used shall not result in any detectable residues in the ratite meat.

Each batch of ratites shall be examined for ticks prior to slaughter. If any ticks are detected, the entire batch shall again
be put into pre-slaughter isolation.

23.8.2008

EN

Official Journal of the European Union

L 226/91

ANNEX XI

(as referred to in Article 18(2)

Model veterinary certificate for transit/storage of specified pathogen-free eggs, meat, minced meat and
mechanically separated meat of poultry, ratites and wild game-birds, eggs and egg products

L 226/92

EN

Official Journal of the European Union

23.8.2008

23.8.2008

EN

Official Journal of the European Union

L 226/93

ANNEX XII

(as referred to in Article 20)

CORRELATION TABLE

This Regulation

Decision 2006/696/EC

Decision 94/438/EC

Decision 93/342/EEC

Article 1(1) first
subparagraph

Article 1(1) second
subparagraph

Article 1(2)

Article 1(3)

Article 2 (1-5)

Article 2 (6)

Article 2 (7)

Article 2 (8)

Article 2 (9)

Article 2 (10)

Article 2 (11)

Article 1 first
subparagraph

Article 5

Article 1 second
subparagraph

Annex I and II (part1)

Article 2 (a-e)

Article 2 (m)

Article 2 (j)

Article 2 (k)

Article 2 (l)

Article 2 (12) (a-c)

Article 2 (g)

Article 2 (12) (d)

Article 2 (h)

Article 2 (f)

Article 5

Article 5 and 3

Annex I part 3

Article 3 second
subparagraph

Article 4

Article 2 (13)

Article 2 (14)

Article 2 (15)

Article 2 (16)

Article 2 (17)

Article 2 (18)

Article 2 (19)

Article 2 (20)

Article 3

Article 4 first
subparagraph

Article 4 second
subparagraph

Article 4 third
subparagraph

Article 5

Article 6

Article 7 (a)

Article 7 (b)

Article 7 (c)

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 2 (h)

Article 2 (g)

Article 2 (i)

Article 4 (1) (2)

Article 4 (1) (2)

Article 4 (3)

Article 4 (4)

L 226/94

EN

Official Journal of the European Union

23.8.2008

This Regulation

Decision 2006/696/EC

Decision 94/438/EC

Decision 93/342/EEC

Article 14 (1) (a)

Article 14 (1) (b)

Article 14 (2)

Article 15

Article 16

Article 17

Article 18 (1)

Article 18 (2)

Article 18 (3)

Article 19

Article 20

Article 21

Article 22

Annex I

Annex II

Article 9

Article 11

Article 18

Article 8

Article 16 (2)

Article 19 (b)

Article 19

Article 20

Annex I and II

Annex I part 3

Annex III (I) (1-6)

Annex I part 4 (A)

Annex III (I) (7)

Annex III (II), (III)

Annex I part 4 (B)

Annex IV

Annex V

Annex VI

Annex VII (I)

Annex VII (II)

Annex VIII (I)

Annex VIII (II)

Annex IX (I)

Annex IX (II)

Annex IX (III)

Annex IX (IV)

Annex X

Annex XI

Annex XII

Article 7

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Annex V

Annex IV

Annex B

Annex