Proposal for a Council Directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version)
Date: 2009-05-15
Institutions: European Commission
Subjects: egg, import, intra-EU trade, poultry, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.5.2009 
COM(2009) 227 final 

2009/0067 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on animal health conditions governing intra-Community trade in, and imports from 
third countries of, poultry and eggs for hatching  
(codified version) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 90/539/EEC  of  15  October  1990  on  animal  health  conditions  governing 
intra-Community trade in, and imports from third countries of, poultry and hatching 
eggs3.  The  new  Directive  will  supersede  the  various  acts  incorporated  in  it4;  this 
proposal  fully  preserves  the  content  of  the  acts  being  codified  and  hence  does  no 
more than bringing them together with only such formal amendments as are required 
by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex VI, Part A of this proposal. 

1. 

2. 

3. 

4. 

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3 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 90/539/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table 
contained in Annex VII to the codified Directive. 

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(cid:208) 90/539/EEC (adapted) 

2009/0067 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE…/…/EC 

of […] 

on animal health conditions governing intra-Community trade in, and imports from 
third countries of, poultry and eggs for hatching (codified version) 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

Council  Directive  90/539/EEC  of  15  October  1990  on  animal  health  conditions 
governing intra-Community trade in, and imports from third countries of, poultry and 
hatching  eggs7  has  been  substantially  amended  several  times8.  In  the  interests  of 
clarity and rationality the said Directive should be codified. 

(cid:208)  

(2) 

Poultry, being live animals, and eggs for hatching, being animal products, are included 
in the list of products in Annex I to the Treaty. 

(cid:208) 90/539/EEC Recital 1 

5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 303, 31.10.1990, p. 6. 
See Annex VI, Part A. 

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(3) 

In order to ensure the rational development of poultry production, thereby increasing 
productivity  in  that  sector,  certain  animal  health  rules  governing  intra-Community 
trade in poultry and eggs for hatching ⌦ should ⌫ be laid down at Community level. 

(cid:208) 90/539/EEC Recital 2 (adapted) 

(4) 

The breeding and rearing of poultry is included in the farming sector. It constitutes a 
source of income for part of the farming population. 

(cid:208) 90/539/EEC Recital 3 

(5) 

In  order  to  encourage  intra-Community  trade  in  poultry  and  eggs  for  hatching, 
⌦ there should be no disparities as regards animal health conditions in the Member 
States ⌫ . 

(cid:208) 90/539/EEC Recital 4 (adapted) 

(6) 

In  order  to  encourage  the  harmonious  development  of  intra-Community  trade,  a 
Community system should be laid down to govern imports from third countries. 

(cid:208) 90/539/EEC Recital 5 

(7) 

The provisions of this Directive should not, in principle, apply to specific trade such as 
exhibitions, shows and contests. 

(cid:208) 90/539/EEC Recital 6 

(8) 

In  view  of  the  nature  of  modern  poultry  farming,  the  best  way  to  promote  the 
harmonious development of intra-Community trade in poultry and eggs for hatching is 
to monitor production establishments. 

(cid:208) 90/539/EEC Recital 8 

(9) 

It  should  be  left  to  the  competent  authorities  of  the  Member  States  to  approve 
establishments which satisfy the conditions laid down in this Directive and to ensure 
that the conditions are applied. 

(cid:208) 90/539/EEC Recital 9 

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(cid:208) 90/539/EEC Recital 10 
(adapted) 

(10)  Council  Regulation  (EC)  ⌦ No  1234/2007  of  22  October  2007  establishing  a 
common  organisation  of  agricultural  markets  and  on  specific  provisions  for  certain 
agricultural  products  (Single  CMO  Regulation)9 ⌫  provides  for  the  ⌦ marketing 
standards  for  products  of  the  eggs  and  poultrymeat  sectors. ⌫  Commission 
Regulation (EC) No ⌦ 617/200810 ⌫ lays down detailed rules ⌦ for implementing 
that  Regulation  as  regards  marketing  standards  for  eggs  for  hatching  and  farmyard 
poultry chicks, and in particular as regards the granting of a distinguishing number to 
each  production  establishment  and  for  the  marking  of  eggs  for  hatching ⌫  .  For 
practical  reasons,  the  same  criteria  for  identifying  production  establishments  and 
marking eggs for hatching should be adopted for the purposes of this Directive. 

(11)  Member  States  ⌦ should ⌫  designate  the  national  reference  laboratories  and 
provide  all  the  necessary  details  and  updates.  Member  States  should  make  ⌦ that 
information ⌫ available to the other Member States and the public. 

(cid:208) 2008/73/EC Recitals 17 and 18 
(adapted) 

(12) 

In  order  to  be  the  subject  of  intra-Community  trade,  poultry  and  eggs  for  hatching 
⌦ should ⌫ satisfy certain animal health requirements, so as to avoid the spread of 
contagious diseases. 

(cid:208) 90/539/EEC Recital 11 
(adapted) 

(13)  Transport conditions should be laid down for the same reason. 

(cid:208) 90/539/EEC Recital 13 
(adapted) 

(cid:208) 90/539/EEC Recital 14 

(14)  Provision should be made for allowing the Commission to approve certain additional 
requirements  in  the  light  of  the  progress  made  by  a  Member  State  in  eradicating 
certain  poultry  diseases,  provided  that  those  requirements  in  no  case  exceed  those 
applied  nationally  by  the  Member  State  concerned.  In  this  context,  it  could  prove 
desirable to determine the status of the Member States or regions thereof with regard 
to certain diseases likely to affect poultry. 

9 
10 

OJ L 299, 16.11.2007, p. 1.  
OJ L 168, 28.6.2008, p. 5. 

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(15)  Although  intra-Community  trade  transactions  in  very  small  quantities  cannot,  for 
practical reasons, be subject to all the Community requirements, certain essential rules 
should be complied with. 

(cid:208) 90/539/EEC Recital 15 

(16)  To  ensure  that  the  prescribed  requirements  are  satisfied,  provision  ⌦ should ⌫  be 
made  for  the  issue  by  an  official  veterinarian  of  a  ⌦ veterinary ⌫  certificate  to 
accompany the poultry and eggs for hatching to their destination. 

(cid:208) 90/539/EEC Recital 16 
(adapted) 

(cid:208) 90/539/EEC Recital 17 

(17) 

In respect of the organisation of, and the follow-up to, the checks to be carried out by 
the  Member  State  of  destination  and  the  safeguard  measures  to  be  implemented, 
reference  should  be  made 
in  Council 
the  general 
Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks 
applicable in intra-Community trade in certain live animals and products with a view 
to the completion of the internal market11. 

laid  down 

rules 

to 

(18)  Provision  should  be  made  for  checks  to  be  carried  out  by  the  Commission  in 

cooperation with the competent authorities of Member States. 

(cid:208) 90/539/EEC Recital 18 

(19)  Defining Community arrangements applicable to imports from third countries requires 
a list to be drawn up of third countries or parts of third countries from which poultry 
and eggs for hatching may be imported. 

(cid:208) 90/539/EEC Recital 19 

(20)  The  choice  of  those  countries ⌦ should ⌫  be  based  on  criteria  of  a  general  nature 
such  as  the  state  of  health  of  the  poultry  and  other  livestock,  the  organisation  and 
powers of the veterinary services and the health regulations in force. 

(cid:208) 90/539/EEC Recital 20 
(adapted) 

11 

OJ L 224, 18.8.1990, p. 29. 

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(cid:208) 90/539/EEC Recital 21 
(adapted) 

(21) 

In  addition,  importation  of  poultry  and  eggs  for  hatching  should  not  be  authorised 
from countries which are infected with contagious poultry diseases presenting a risk to 
Community  livestock  or  which  have  been  free  from  such  diseases  for  too  short  a 
period. 

(22)  The general conditions applicable to importation from third countries ⌦ should ⌫ be 
supplemented  by  special  conditions  drawn  up  on  the  basis  of  the  health  situation  in 
each of them. 

(cid:208) 90/539/EEC Recital 22 
(adapted) 

(cid:208) 90/539/EEC Recital 23 
(adapted) 

(23)  The presentation of a standard form of certificate upon importation of poultry and eggs 
for hatching constitutes an effective means of verifying that the Community rules are 
being applied. Such rules may include special provisions which may vary according to 
the third country concerned. This ⌦ should ⌫ be taken into account in drawing up 
the standard forms of certificate. 

(24)  Commission  veterinary  experts  should  be  responsible  for  verifying  that  the  rules  are 

observed in third countries. 

(cid:208) 90/539/EEC Recital 24 

(25)  The checks carried out upon importation ⌦ should ⌫ cover the origin and the state 

of health of the poultry and eggs for hatching. 

(cid:208) 90/539/EEC Recital 25 
(adapted) 

(cid:208) 90/539/EEC Recital 26 
(adapted) 

(26)  Member  States  ⌦ should ⌫  be  allowed,  on  the  arrival  of  poultry  and  eggs  for 
hatching  in  the  territory  of  the  Community  and  during  transit  to  their  place  of 
destination,  to  take  all  measures,  including  slaughter  and  disposal,  required  for  the 
purpose of safeguarding public and animal health. 

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(27)  The constant development of poultry-rearing techniques means that periodic changes 

in the methods of poultry disease control will have to be made. 

(cid:208) 90/539/EEC Recital 29 

(cid:208)  

(28)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission12. 

(29)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex VI, Part B, 

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 90/539/EEC (adapted) 

CHAPTER I 

General provisions 

Article 1 

1.  This  Directive  lays  down  animal  health  conditions  governing  intra-Community  trade  in, 
and imports from third countries of, poultry and eggs for hatching. 

2. This Directive shall not apply to poultry for exhibitions, show or contests. 

(cid:208) 90/539/EEC (adapted) 
(cid:206)1 92/65/EEC Art. 7(B) 

Article 2 

For  the  purposes  of  this  Directive  ‘official  veterinarian’  and  ‘third  country’  shall  mean  the 
official veterinarian and third countries ⌦ as defined ⌫ in Council Directive 2004/68/EC13. 

⌦ The following definitions shall also apply: ⌫ 

12 
13 

OJ L 184, 17.7.1999, p. 23. 
OJ L 139, 30.4.2004, p. 321. 

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(1) 

‘poultry’ means fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants 
⌦ , ⌫  partridges  (cid:206)1 and  ratites  (Ratitae)   reared  or  kept  in  captivity  for 
breeding, the production of meat or eggs for consumption, or for re-stocking supplies 
of game; 

(2) 

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

(3) 

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

(cid:208) 93/120/EC Art. 1 pt. 1 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(cid:208) 90/539/EEC 

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

‘productive poultry’ means poultry 72 hours old or more, reared for the production of 
meat and/or eggs for consumption (or for restocking supplies of game); 

‘slaughter  poultry’  means  poultry  sent  direct  to  a  slaughterhouse  for  slaughter  as 
soon as possible after arrival, and in any case within 72 hours; 

‘flock’ means all poultry of the same health status kept on the same premises or in 
the same enclosure and constituting a single epidemiological unit. In housed poultry 
this will include all birds sharing the same airspace; 

(cid:208) 93/120/EC Art. 1 pt. 2 

(cid:208) 90/539/EEC 

‘holding’  means  a  facility  —  which  may  include  an  establishment  —  used  for  the 
rearing or keeping of breeding or productive poultry; 

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

(a) 

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

(b)  breeding establishment: an establishment which produces eggs for hatching for 

the production of productive poultry; 

(c) 

rearing establishment: 

(cid:208) 93/120/EC Art. 1 pt. 3 

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(i) 

either a breeding poultry-rearing establishment which is an establishment 
which rears breeding poultry prior to the reproductive stage; 

or 

(ii) 

a  productive  poultry-rearing  establishment  which  is  an  establishment 
which rears egg-laying productive poultry prior to the laying stage; 

(d)  hatchery: an establishment which incubates and hatches eggs and supplies day-

old chicks; 

(cid:208) 90/539/EEC (adapted) 

(10) 

(11) 

(12) 

‘authorised veterinarian’ means a veterinarian instructed by the competent veterinary 
authority,  under  its  responsibility,  to  carry  out  the  checks  provided  for  in  this 
Directive in a particular establishment; 

‘approved laboratory’ means a laboratory located in the territory of a Member State, 
approved  by  the  competent  veterinary  authority,  under  its  responsibility,  for  the 
purpose of carrying out the diagnostic tests provided for in this Directive; 

‘health  inspection’  means  a  visit  by  the  official  veterinarian  or  authorised 
veterinarian  for  the  purpose  of  inspecting  the  health  status  of  all  the  poultry  in  an 
establishment; 

(13) 

‘compulsorily notifiable diseases’ means the diseases listed in Annex V; 

(14) 

(15) 

(16) 

‘outbreak ’ means ⌦ outbreak ⌫ as defined in Council Directive 82/894/EEC14; 

‘quarantine station’  means facilities where the poultry is kept in complete isolation 
and away from direct or indirect contact with other poultry, so as to permit long-term 
observation and testing for the diseases listed in Annex V; 

‘sanitary  slaughter’  means  the  destruction,  subject  to  all  the  necessary  health 
safeguards including disinfection, of all poultry and products at the ⌦ site of the ⌫ 
outbreak which are infected or suspected of being contaminated. 

14 

OJ L 378, 31.12.1982, p. 58. 

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(cid:208) 90/539/EEC (adapted) 

CHAPTER II 

Rules for intra-Community trade 

Article 3 

1.  Member  States  shall  submit  to  the  Commission  by  1  July  1991  a  plan  describing  the 
national measures which they intend to implement to ensure compliance with the rules set out 
in Annex II for the approval of establishments for the purposes of intra-Community trade in 
poultry and eggs for hatching. 

The Commission shall examine the plans. In accordance with the procedure ⌦ referred to ⌫ 
in  Article  35(2),  those  plans  may  be  approved,  or  amendments  or  additions  made,  before 
approval is given. 

2. In accordance with the procedure referred to in Article 35(2), amendments or additions to a 
plan which has been approved in accordance with the second subparagraph of paragraph 1 of 
this Article may be: 

(a) 

(b) 

approved at the request of the Member State concerned, in order to take account of a 
change in the situation in that Member State, or 

requested, in order to take account of progress in methods of disease prevention and 
control. 

Article 4 

(cid:208) 2008/73/EC Art. 11(1) 

Each  Member  State  shall  designate  a  national  reference  laboratory  to  be  responsible  for 
coordinating  the  diagnostic  methods  provided  for  in  this  Directive  and  their  use  by  the 
approved laboratories located in its territory. 

Each  Member  State  shall  make  the  details  of  its  national  reference  laboratory,  and  any 
subsequent changes, available to the other Member States and to the public. 

Detailed rules for the uniform application of this Article may be adopted in accordance with 
the procedure referred to in Article 35(2). 

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(cid:208) 93/120/EC Art. 1 pt. 5 
(adapted) 

In order to be traded in the Community: 

Article 5 

(a) 

eggs  for  hatching,  day-old  chicks,  breeding  poultry  and  productive  poultry 
⌦ shall ⌫  satisfy  the  conditions  laid  down  in  Articles  6,  17,  20  and  22.  They 
⌦ shall ⌫ also satisfy any conditions laid down pursuant to Articles 18 and 19. 

In addition: 

(i) 

eggs for hatching ⌦ shall ⌫ satisfy the conditions laid down in Article 8; 

(ii)  day-old chicks ⌦ shall ⌫ satisfy the conditions laid down in Article 9; 

(b) 

(c) 

(iii)  breeding poultry and productive poultry ⌦ shall ⌫ satisfy the conditions laid 

down in Article 10; 

slaughter poultry ⌦ shall ⌫ fulfil the conditions set out in Articles 13, 17, 20 and 
22 and those laid down pursuant to Articles 18 and 19; 

poultry  (including  day-old  chicks)  intended  for  restocking  supplies  of  game 
⌦ shall ⌫ fulfil the conditions set out in Articles 14, 17, 20 and 22 and those laid 
down pursuant to Articles 18 and 19; 

(d) 

as  regards  salmonella,  poultry  intended  for  Finland  and  Sweden  ⌦ shall ⌫  fulfil 
the conditions laid down pursuant to Articles 11, 12 and 15. 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 (adapted) 

(cid:208) 90/539/EEC (adapted) 

Article 6 

Eggs for hatching, day-old chicks, breeding poultry and productive poultry ⌦ shall ⌫ come 
from: 

(a) 

establishments which fulfil the following requirements: 

(i)they  must  be  approved  and  given  a  distinguishing  number  by  the  competent 

authority, in accordance with the rules set out in Chapter I of Annex II; 

(ii) 

they must not, at the time of consignment, be the subject of any animal health 
restrictions applicable to poultry; 

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(cid:208) 93/120/EC Art. 1 pt. 6 
(adapted) 

(iii) 

they must not be located in an area which for animal health reasons is subject 
to restrictive measures in accordance with Community legislation as a result of 
the outbreak of a disease to which poultry is susceptible; 

(b) 

a  flock  which  at  the  time  of  consignment  presents  no  clinical  sign  or  suspicion  of 
contagious poultry disease. 

(cid:208) 93/120/EC Art. 1 pt. 7 

(cid:208) 2008/73/EC Art. 11(2) 

Article 7 

Each  Member  State  shall  draw  up  and  keep  up-to-date  a  list  of  establishments  approved  in 
accordance with point (a)(i) of Article 6 and their distinguishing numbers, and shall make it 
available to the other Member States and to the public. 

Detailed rules for the uniform application of this Article may be adopted in accordance with 
the procedure referred to in Article 35(2). 

(cid:208) 93/120/EC Art. 1 pt. 8 
(adapted) 

Article 8 

1. At the time of consignment, eggs for hatching ⌦ shall ⌫: 

(a) 

come from flocks which: 

(i) 

have  been  held  for  more  than  six  weeks  in  one  or  more  Community 
establishments as ⌦ referred to ⌫ in Article 6(a)(i); 

(ii) 

if  vaccinated,  have  been  vaccinated  in  accordance  with  the  vaccination 
conditions in Annex III; 

(iii)  have ⌦ : ⌫ 

– 

either undergone an animal health examination carried out by an official 
veterinarian or an authorised veterinarian during the 72 hours preceding 
consignment and, at the time of the examination, have shown no clinical 
sign or suspicion of contagious disease, ⌦ or ⌫ 

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– 

had  a  monthly  health  inspection  visit  by  an  official  veterinarian  or  an 
authorised veterinarian, the most recent visit having been within 31 days 
of  consignment.  If  this  option  is  chosen  there  ⌦ shall ⌫  also  be  an 
examination by the official veterinarian or authorised veterinarian of the 
records of the  health status of the flock and an evaluation of its current 
health  status  as  assessed  by  up-to-date  information  supplied  by  the 
person in charge of the flock during the 72 hours preceding consignment. 
In  a  case  where  records  or  other  information  give  rise  to  suspicion  of 
disease,  the  flocks  ⌦ shall ⌫  have  had  an  animal  health  examination 
by  the  official  veterinarian  or  authorised  veterinarian  that  has  ruled  out 
the possibility of contagious poultry disease; 

(b) 

(c) 

be marked in accordance with Regulation (EC) No 617/2008; 

have been disinfected in accordance with the instructions of the official veterinarian. 

2. If contagious poultry diseases which may be transmitted through eggs develop in the flock 
which  supplied  the  eggs  for  hatching  during  the  period  of  their  incubation,  the  hatchery 
involved and the authority or authorities responsible for the hatchery and the flock of origin 
⌦ shall ⌫ be notified. 

(cid:208) 90/539/EEC (adapted) 

Article 9 

Day-old chicks ⌦ shall ⌫: 

(a) 

have been hatched from eggs for hatching satisfying the requirements of Articles 6 
and 8; 

(b) 

satisfy the vaccination conditions in Annex III, if they have been vaccinated; 

(cid:208) 93/120/EC Art. 1 pt. 9 

(c) 

present,  at  the  time  of  consignment,  no  suspicion  of  diseases  on  the  basis  of 
Annex II, Chapter II, B2(g) and (h). 

(cid:208) 90/539/EEC 

(cid:208) 90/539/EEC (adapted) 

Article 10 

At the time of consignment, breeding poultry and productive poultry ⌦ shall ⌫: 

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(a) 

have been held since hatching or for more than six weeks in one or more Community 
establishments as ⌦ referred to ⌫ in Article 6(a)(i); 

(b) 

satisfy the vaccination conditions in Annex ⌦ III ⌫, if they have been vaccinated; 

(cid:208) 93/120/EC Art. 1 pt. 10 
(adapted) 

(c) 

have been submitted to a health examination by an official veterinarian or authorised 
veterinarian  during  the  48  hours  preceding  consignment  and,  at  the  time  of  the 
examination,  have  presented  no  clinical  sign  or  suspicion  of  contagious  poultry 
disease. 

(cid:208) 93/120/EC Art. 1 pt. 11 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 

Article 11 

1. As regards salmonella, Finland and Sweden may submit to the Commission an operational 
programme concerning flocks of breeding poultry and flocks of day-old chicks intended to be 
introduced into flocks of breeding poultry or flocks of productive poultry. 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 (adapted) 

2.  The  Commission  shall  examine  the  operational  programmes.  Following  that  examination 
and  if  it  is  justified,  the  Commission  shall,  in  accordance  with  the  procedure  ⌦ referred 
to ⌫  in  Article  35(2),  specify  the  additional  general  or  limited  guarantees  which  may  be 
required  for  consignments  to  Finland  and  Sweden.  Those  guarantees  ⌦ shall ⌫  be 
equivalent to those which Finland and Sweden implement respectively at national level. The 
appropriate decisions shall be adopted before ⌦ 1 January 1995 ⌫ . 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 

Article 12 

1. As regards salmonella and pending the adoption of Community rules, Finland and Sweden 
may  submit  to the Commission  an operational programme  concerning flocks of  laying hens 
(productive poultry reared to produce eggs for consumption). 

EN 

16 

   EN 

 
 
 
 
 
 
(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 (adapted) 

2.  The  Commission  shall  examine  the  operational  programmes.  Following  that  examination 
and  if  it  is  justified,  the  Commission  shall,  in  accordance  with  the  procedure  ⌦ referred 
to ⌫  in  Article  35(2),  specify  the  additional  general  or  limited  guarantees  which  may  be 
required  for  consignments  to  Finland  and  Sweden.  Those  guarantees  ⌦ shall ⌫  be 
equivalent  to  those  which  Finland  and  Sweden  implement  respectively  at  national  level.  In 
addition, these guarantees shall take into account the opinion of the ⌦ European Food Safety 
Authority ⌫  as  regards  serotypes  of  salmonella  to  be  included  in  the  list  of  invasive 
serotypes  for  poultry.  The  appropriate  decisions  shall  be  adopted  before  ⌦ 1  January 
1995 ⌫. 

(cid:208) 90/539/EEC (adapted) 

Article 13 

At the time of the consignment, slaughter poultry ⌦ shall ⌫ have come from a holding: 

(a) 

(b) 

(c) 

where they have been held since hatching or for more than 21 days; 

which is not the subject of any animal health restrictions applicable to poultry; 

(cid:208) 93/120/EC Art. 1 pt. 12 

where  the  health  examination  carried  out  by  the  official  veterinarian  or  authorised 
veterinarian  during  the  5  days  preceding  dispatch  on  the  flock  from  which  the 
consignment to be slaughtered is to be drawn has not revealed within that flock any 
clinical sign or suspicion of contagious poultry disease; 

(d) 

which  is  not  located  in  an  area  which  for  animal  health  reasons  is  subject  to 
restrictive  measures  in  accordance  with  Community  legislation  as  a  result  of  the 
outbreak of a disease to which poultry is susceptible. 

(cid:208) 93/120/EC Art. 1 pt. 13 

(cid:208) 93/120/EC Art. 1 pt. 14 
(adapted) 

Article 14 

1. At the time of consignment, poultry over 72 hours old intended for restocking supplies of 
wild game ⌦ shall ⌫ have come from a holding: 

EN 

17 

   EN 

 
 
 
 
 
 
(a) 

(b) 

(c) 

(d) 

where it has been held since hatching or for more than 21 days and where it has not 
been  placed  in  contact  with  newly-arrived  poultry  during  the  two  weeks  preceding 
consignment; 

which is not the subject of any animal health restrictions applicable to poultry; 

where  the  health  examination  carried  out  by  the  official  veterinarian  or  authorised 
veterinarian  during  the  48  hours  preceding  dispatch  on  the  flock  from  which  the 
consignment  is  to  be  drawn  has  not  revealed  within  that  flock  any  clinical  sign  or 
suspicion of contagious poultry disease; 

which  is  not  located  in  an  area  which  for  animal  health  reasons  is  subject  to 
prohibition in accordance with Community legislation as a result of an outbreak of 
disease to which poultry is susceptible. 

2. Articles 6 and 11 shall not apply to the poultry referred to in paragraph 1. 

(cid:208) 93/120/EC Art. 1 pt. 14 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 (adapted) 

Article 15 

1.  As  regards  salmonella  and  in  respect  of  serotypes  not  mentioned  in  Annex  II,  Chapter 
III(A),  consignments  of  poultry  for  slaughter  for  Finland  and  Sweden  shall  be  subject  to  a 
microbiological test by sampling in the establishment of origin in accordance with rules to be 
the  Commission  before 
laid  down  by 
⌦ 1 January 1995 ⌫ . 

the  Council  acting  on  a  proposal  from 

2. The range of the test referred to in paragraph 1 and the methods to be adopted ⌦ shall ⌫ 
be determined in the light of the opinion of the ⌦ European Food Safety Authority ⌫ and 
of the operational programme which Finland and Sweden must submit to the Commission. 

3.  The  test  referred  to  in  paragraph  1  shall  not  be  carried  out  for  slaughter  poultry  from  a 
holding  subject  to  a  programme  recognised  as  equivalent  to  that  referred  to  in  paragraph  2 
⌦ in accordance with ⌫ the procedure ⌦ referred to ⌫ in Article 35(2). 

(cid:208) 90/539/EEC (adapted) 

Article 16 

1.  The  requirements  of  Articles  5  to  13  and  20  shall  not  apply  to  intra-Community  trade  in 
poultry  and  eggs  for  hatching  in  respect  of  consignments  comprising  fewer  than  20  units 
⌦ provided that they comply with paragraph 2 of this Article ⌫ . 

EN 

18 

   EN 

 
 
 
 
2.  Poultry  and  eggs  for  hatching  as  referred  to  in  paragraph  1  ⌦ shall ⌫,  at  the  time  of 
consignment, have come from flocks which: 

(a) 

(b) 

have been held in the Community since hatching or for at least three months; 

present no clinical signs of a contagious poultry disease at the time of consignment; 

(c) 

satisfy the vaccination conditions in Annex III, if they have been vaccinated; 

(cid:208) 93/120/EC Art. 1 pt. 15 

(d) 

are not the subject of any animal health restrictions applicable to poultry; 

(cid:208) 90/539/EEC 

(e) 

are  not  located  in  an  area  which  for  animal  health  reasons  is  subject  to  restrictive 
measures  in  accordance  with  Community  legislation  as  a  result  of  an  outbreak  of 
disease to which poultry is susceptible ⌦ . ⌫ 

(cid:208) 93/120/EC Art. 1 pt. 16 
(adapted) 

(cid:208) 93/120/EC Art. 1 pt. 17 
(adapted) 

All  birds  in  the  consignment ⌦ shall ⌫  have  been  found  negative  in  serological  tests  for 
Salmonella  pullorum  and  Salmonella  gallinarum  antibodies,  in  accordance  with  Annex  II, 
Chapter III, in the month preceding the consignment. In the case of eggs for hatching or day-
old  chicks,  the  flock  of  origin  ⌦ shall ⌫  be  tested  serologically  for  Salmonella  pullorum 
and  Salmonella  gallinarum  in  the  three  months  preceding  the  consignment  at  a  level  which 
gives 95 % confidence of detecting infection at 5 % prevalence. 

3. The provisions of paragraphs 1 and 2 shall not apply to consignments containing ratites or 
eggs for hatching of ratites. 

(cid:208) 1999/90/EC Art. 1 pt. 1 

EN 

19 

   EN 

 
 
 
 
 
 
(cid:208) 90/539/EEC 

Article 17 

(cid:208) 1999/90/EC Art. 1 pt. 2 
(adapted) 

1.  In  the  case  of  consignments  of  poultry  and  eggs  for  hatching  from  Member  States  or 
regions  of  Member  States  which  vaccinate  poultry  against  Newcastle  disease  to  a  Member 
State  or  region  of  a  Member  State,  the  status  of  which  has  been  established  in  accordance 
with paragraph 2, the following rules shall apply: 

(a) 

eggs for hatching ⌦ shall ⌫ come from flocks which are: 

(i) 

not vaccinated, or 

(ii)  vaccinated using inactivated vaccine, or 

(iii)  vaccinated  using  a  live  vaccine,  provided  that  vaccination  has  taken  place  at 

least 30 days before the collection of the eggs for hatching; 

(b) 

day-old  chicks  (including  chicks  intended  for  restocking  supplies  of  game) 
⌦ shall ⌫  not  be  vaccinated  against  Newcastle  disease,  and  ⌦ shall ⌫  come 
from: 

(i) 

eggs for hatching satisfying the conditions in point (a), and 

(ii) 

a  hatchery  where  working  practice  ensures  that  such  eggs  are  incubated  at 
completely separate times and locations from eggs not satisfying the conditions 
in point (a); 

(c) 

breeding and productive poultry ⌦ shall ⌫: 

(i) 

not be vaccinated against Newcastle disease, and 

(ii)  have  been  isolated  for  14  days  before  consignment,  at  either  a  holding  or  a 
quarantine  station  under  the  supervision  of  the  official  veterinarian.  In  this 
connection,  no  poultry  at  the  holding  of  origin  or  quarantine  station,  as 
applicable,  may  have  been  vaccinated  against  Newcastle  disease  during  the 
21 days preceding consignment and no bird which is not due for consignment 
may  have  entered  the  holding  or  the  quarantine  station  during  that  time;  in 
addition, no vaccination may be carried out in the quarantine stations, and 

(iii)  have  undergone,  during  the  14  days  preceding  consignment,  representative 
serological  testing,  with  negative  results,  to  detect  Newcastle  disease 
antibodies in accordance with detailed rules adopted ⌦ in accordance with ⌫ 
the procedure ⌦ referred to ⌫ in Article 35(2); 

(d) 

slaughter poultry ⌦ shall ⌫ come from flocks which: 

EN 

20 

   EN 

 
 
 
(i) 

(ii) 

if  not  vaccinated  against  Newcastle  disease,  satisfy  the  requirements  of  point 
(c)(iii); 

if vaccinated, have undergone, during the 14 days preceding consignment and 
on the basis of a representative sample, a test to isolate Newcastle disease virus 
complying  with  detailed  rules  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 35(2). 

(cid:208) 93/120/EC Art. 1 pt. 18 
(adapted) 

2.  If  a  Member  State  or  a  region  or  regions  of  Member  State  wish  to  be  established  as 
Newcastle  disease  non-vaccinating  they  ⌦ may ⌫  present  a  programme  as  ⌦ referred 
to ⌫ in Article 18(1). 

The  Commission  shall  examine  the  programmes  presented  by  the  Member  States.  The 
programmes may be approved, in compliance with the criteria referred to in Article 18(1), in 
accordance with the procedure ⌦ referred to ⌫ in Article 35(2). Any additional guarantees, 
general  or  specific,  which  may  be  required  in  intra-Community  trade  may  be  defined  in 
accordance with the same procedure. 

Where  a  Member  State  or  a  region  of  a  Member  State  considers  it  has  achieved  Newcastle 
disease non-vaccinating status, an application may be made to the Commission for Newcastle 
disease non-vaccinating status to be established in accordance with the procedure ⌦ referred 
to ⌫ in Article 35(2). 

The elements to be taken into account for determination of a Member State's or region's status 
as  Newcastle  disease  non-vaccinating  shall  be  the  data  referred  to  in  Article  19(1)  and,  in 
particular, the following criteria: 

(a) 

(b) 

(c) 

vaccination against Newcastle disease in poultry shall not have been authorised for 
the  preceding  12  months,  except  for  the  compulsory  vaccination  of  racing  pigeons 
referred to in [Article 17(3) of Council Directive 92/66/EEC15]; 

breeding flocks shall have been serologically monitored at least once a year for the 
presence  of  Newcastle  disease  according  to  the  detailed  rules  adopted  ⌦ in 
accordance with ⌫ the procedure ⌦ referred to ⌫ in Article 35(2); 

the  holdings  shall  contain  no  poultry  which  has  been  vaccinated  against  Newcastle 
disease in the previous 12 months, with the exception of racing pigeons vaccinated 
pursuant to [Article 17(3) of Directive 92/66/EEC]. 

15 

OJ L 260, 5.9.1992, p. 1. 

EN 

21 

   EN 

 
 
                                                 
As  regards  Finland  and  Sweden,  the  appropriate  decisions  concerning  the  status  of  ‘non-
vaccination zone against Newcastle disease’ shall be adopted ⌦ in accordance with ⌫ the 
procedure ⌦ referred to ⌫ in Article 35(2) before ⌦ 1 January 1995 ⌫ . 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 135 (adapted) 

(cid:208) 93/120/EC Art. 1 pt. 18 
(adapted) 

3.  The  Commission  may  suspend  Newcastle  disease  non-vaccinating  status  in  accordance 
with the procedure ⌦ referred to ⌫ in Article 35(2) in the event of: 

(a) 

(b) 

either  a  serious  epizootic  of  Newcastle  disease  which  is  not  being  brought  under 
control; 

or  the  removal  of  the  legislative  restrictions  prohibiting  systematic  recourse  to 
routine vaccination against Newcastle disease. 

(cid:208) 90/539/EEC (adapted) 

Article 18 

1.  Where  a  Member  State  draws  up  or  has  drawn  up  a  voluntary  or  compulsory  control 
programme  for  a  disease  to  which poultry are susceptible, it may present the programme to 
the Commission, outlining in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the distribution of the disease in its territory; 

the  reasons  for  the  programme,  taking  into  consideration  the  importance  of  the 
disease and the programme's likely benefit in relation to its cost; 

the geographical area in which the programme will be implemented; 

the  status  categories  to  be  applied  to  poultry  establishments,  the  standards  which 
must be attained in each category, and the test procedures to be used; 

the programme monitoring procedures; 

the action to be taken if, for any reason, an establishment loses its status; 

the measures to be taken if the results of the tests carried out in accordance with the 
provisions of the programme are positive. 

2.  The  Commission  shall  examine  the  programmes  presented  by  the  Member  States.  The 
programmes may be approved, in compliance with the criteria referred to in paragraph 1, in 
accordance with the procedure ⌦ referred to ⌫ in Article 35(2). Any additional guarantees, 
general  or  specific,  which  may  be  required  in  intra-Community  trade  may  be  defined  in 

EN 

22 

   EN 

 
 
 
 
accordance with the same procedure. Such guarantees ⌦ shall ⌫ not exceed those required 
by the Member State in its own territory. 

3. Programmes submitted by Member States may be amended or supplemented in accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  35(2).  Amendments  or  additions  to 
programmes which have already been approved or to guarantees which have been defined in 
accordance  with  paragraph  2  ⌦ of  this  Article ⌫  may  be  approved  ⌦ in  accordance 
with ⌫ the same procedure. 

(cid:208) 90/539/EEC (adapted) 

Article 19 

1. Where a Member State considers that its territory or part of its territory is free from one of 
the diseases to which poultry are susceptible, it shall present to the Commission appropriate 
supporting documentation, setting out in particular: 

(a) 

(b) 

(c) 

(d) 

the nature of the disease and the history of its occurrence in that Member State; 

the  results  of  surveillance  testing  based  on  serological,  microbiological  or 
pathological investigations and on the fact that the disease must by law be notified to 
the competent authorities; 

the period over which the surveillance was carried out; 

where applicable, the period during which vaccination against the disease  has been 
prohibited and the geographical area concerned by the prohibition; 

(e) 

the arrangements for verifying that the area concerned remains free from the disease. 

2.  The  Commission  shall  examine  documentation  submitted  by  Member  States.  The 
additional  guarantees,  general  or  specific,  which  may  be  required  in  intra-Community  trade 
may  be  defined  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article 35(2).  Such 
guarantees ⌦ shall ⌫ not exceed those required by the Member State in its own territory. 

3. The Member State concerned shall notify the Commission of any change in the particulars 
specified in paragraph 1. The guarantees defined ⌦ pursuant to ⌫ paragraph 2 may, in the 
light  of  such  notification,  be  amended  or  withdrawn  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 35(2). 

EN 

23 

   EN 

 
 
(cid:208) 90/539/EEC 

Article 20 

(cid:208) 93/120/EC Art. 1 pt. 19 
(adapted) 

1. Day-old chicks and eggs for hatching ⌦ shall ⌫ be transported in: 

(a) 

(b) 

either unused purpose-designed disposable containers to be used only once and then 
destroyed; 

or  containers  which  may  be  re-used  provided  they  are  cleaned  and  disinfected 
beforehand. 

2. In any event ⌦ the ⌫ containers ⌦ referred to in paragraph 1 shall ⌫: 

(a) 

contain only day-old chicks or eggs for hatching of the same species, category and 
type of poultry, coming from the same establishment; 

(b) 

be labelled with: 

(i) 

the name of the Member State and region of origin; 

(ii) 

the  establishment  of  origin's  approval  number  as  provided  for  in  Annex  II, 
Chapter I(2); 

(iii) 

the number of chicks or eggs in each box; 

(iv) 

the poultry species to which the eggs or chicks belong. 

(cid:208) 90/539/EEC (adapted) 

3.  Boxes  holding  day-old  chicks  or  eggs  for  hatching  may  be  grouped  for  transport  in 
appropriate containers. The number of boxes thus grouped and the indications referred to in 
paragraph 2 (b) ⌦ shall ⌫ be shown on those containers. 

4. Breeding and productive poultry ⌦ shall ⌫ be transported in crates or cages: 

(a) 

(b) 

which contain only poultry of the same species, categories and type, coming from the 
same establishment; 

bearing  the  approval  number  of  the  establishment  of  origin  as  provided  for  in 
Annex II, Chapter I (2). 

5.  Breeding  and  productive  poultry  and  day-old  chicks  ⌦ shall ⌫  be  conveyed  without 
delay  to the  establishment of destination, without coming into contact with other live birds, 

EN 

24 

   EN 

 
 
 
 
except breeding and productive poultry or day-old chicks satisfying the conditions laid down 
in this Directive. 

Slaughter  poultry  ⌦ shall ⌫  be  conveyed  without  delay  to  the  slaughterhouse  of 
destination,  without  coming  into  contact  with  other  poultry,  except  slaughter  poultry 
satisfying the conditions laid down in this Directive. 

Poultry intended for restocking supplies of game ⌦ shall ⌫ be conveyed without delay to 
the  point  of  destination  without  coming  into  contact  with  other  poultry  except  poultry 
intended for restocking supplies of game satisfying the conditions laid down in this Directive. 

(cid:208) 93/120/EC Art. 1 pt. 21 
(adapted) 

6. Crates, cages and vehicles ⌦ shall ⌫ be designed so as to: 

(cid:208) 90/539/EEC (adapted) 

(a) 

(b) 

(c) 

preclude the loss of excrement and minimise the loss of feathers during transit; 

allow visual inspection of the poultry; 

allow cleansing and disinfection. 

7. The vehicles and, if they are not disposable, the containers, crates and cages ⌦ shall ⌫, 
before loading and unloading, be cleansed and disinfected in accordance with the instructions 
of the competent authority of the Member State concerned. 

(cid:208) 90/539/EEC 

Article 21 

Poultry  as  referred  to  in  Article  20(5)  may  not  be  transported  through  areas  infected  with 
avian influenza or Newcastle disease, unless by trunk road or rail. 

(cid:208) 90/539/EEC (adapted) 

Article 22 

In  trade  between  Member  States,  poultry  and  eggs  for  hatching  ⌦ shall ⌫,  during 
transportation  to  the  place  of  destination,  be  accompanied  by  a ⌦ veterinary ⌫  certificate 
which: 

EN 

25 

   EN 

 
 
 
 
 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

conforms  with  the  appropriate  model  ⌦ laid  down  in  Annex  IV,  completed  in 
accordance with Commission Regulation (EC) No 599/200416, ⌫ ; 

is signed by an official veterinarian; 

is  drawn  up  on  the  date  of  loading  in  the  official  language  or  languages  of  the 
Member State of dispatch and in the official language or languages of the Member 
State of destination; 

is valid for five days; 

consists of a single sheet; 

is normally made out for a single consignee; 

(g) 

bears a stamp and a signature of a different colour from that of the certificate. 

(cid:208) 93/120/EC Art. 1 pt. 22 

(cid:208) 90/539/EEC 

Article 23 

The  Member  States  of  destination  may,  in  compliance  with  the  general  provisions  of  the 
Treaty, grant one or more Member States of dispatch general authorisations or authorisations 
limited to specific cases permitting entry into their territory of poultry and eggs for hatching 
without the certificate provided for in Article 22. 

(cid:208) 90/539/EEC (adapted) 

CHAPTER III 

Rules for imports from third countries 

Poultry  and  eggs  for  hatching  imported  into  the  Community  ⌦ shall ⌫  satisfy  the 
conditions laid down in Articles 25 to 28. 

Article 24 

16 

OJ L 94, 31.3.2004, p. 44. 

EN 

26 

   EN 

 
 
 
 
                                                 
Article 25 

1. Poultry and eggs for hatching ⌦ shall ⌫ have originated in a third country or part of a 
third  country  included  on  a  list  drawn  up  by  the  Commission  in  accordance  with  the 
procedure ⌦ referred to ⌫ in Article 35(2). That list may be supplemented or amended in 
accordance with the procedure ⌦ referred to ⌫ in Article 35(3). 

2. In deciding whether a third country or part thereof may be included on the list referred to in 
paragraph 1, particular account shall be taken of: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  state  of  health  of  the  poultry,  other  domestic  animals  and  wildlife  in  the  third 
country,  particular  attention  being  paid  to  exotic  animal  diseases,  and  the  health 
situation in the surrounding area, where either is liable to endanger public and animal 
health in the Member States; 

the regularity and rapidity of the supply of information by the third country relating 
to  the  existence  of  contagious  animal  diseases  in  its  territory,  in  particular  the 
diseases  on  ⌦ the ⌫  list  of  the  ⌦ World  Organisation  for  Animal  Health 
(OIE) ⌫ ; 

the country's rules on animal-disease prevention and control; 

the structure of the veterinary services in the country and their powers; 

the organisation and implementation of measures to prevent and control contagious 
animal diseases; 

the guarantees which the third country can give with regard to compliance with this 
Directive; 

(g) 

compliance with Community rules on hormones and residues. 

3. The list referred to in paragraph 1 and any amendments thereto shall be published in the 
Official Journal of the European Union. 

(cid:208) 93/120/EC Art. 1 pt. 24 
(adapted) 

1. Poultry and eggs for hatching ⌦ shall ⌫ come from third countries: 

Article 26 

(a) 

in  which  avian 
Directives 2005/94/EC17  and  [92/66/EEC]  respectively,  are 
diseases; 

influenza  and  Newcastle  disease,  as  defined 

in  Council 
legally  notifiable 

(b) 

free from avian influenza and Newcastle disease, 

17 

OJ L 10, 14.1.2006, p. 16. 

EN 

27 

   EN 

 
 
                                                 
or 

which,  although  they  are  not  free  from  these  diseases,  apply  measures  to  control 
them which are at least equivalent to those laid down in Directives 2005/94/EC and 
[92/66/EEC] respectively. 

2. Additional criteria for classifying third countries in respect of paragraph 1(b), particularly 
as  regards  the  type  of  vaccine  used,  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 35(2) before 1 January 1995. 

3. The Commission may, in accordance with the procedure ⌦ referred to ⌫ in Article 35(2), 
decide under which conditions paragraph 1 ⌦ of this Article ⌫ is to apply only to a part of 
the territory of third countries. 

(cid:208) 90/539/EEC (adapted) 

Article 27 

1. Poultry and eggs for hatching may be imported from the territory of a third country or part 
of  the  territory  of  a  third  country  included  on  the  list  drawn  up  in  accordance  with  Article 
25(1) only if they come from flocks which: 

(a) 

(b) 

prior  to  consignment  have  been  held  without  interruption  in  the  territory  or  part  of 
the territory concerned of such country for a period to be determined in accordance 
with the procedure ⌦ referred to ⌫ in Article 35(2); 

satisfy  the  animal  health  conditions  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 35(2) for imports of poultry and eggs for hatching from 
the  country  in  question.  The  conditions  may  differ  according  to  the  species  or 
category of poultry. 

2.  The  animal  health  conditions  shall  be  determined  on  the  basis  of  the  rules  laid  down  in 
Chapter  II  and  its  corresponding  Annexes.  In  accordance  with  the  procedure  ⌦ referred 
to ⌫ in Article 35(2), derogations may be granted on a case-by-case basis if the third country 
concerned offers similar animal health guarantees which are at least equivalent. 

Article 28 

1. Poultry and eggs for hatching ⌦ shall ⌫ be accompanied by a certificate drawn up and 
signed by an official veterinarian of the exporting third country. 

The certificate ⌦ shall ⌫: 

(a) 

(b) 

(c) 

be issued on the day of loading for consignment to the Member State of destination; 

be drawn up in the official language or languages of the Member State of destination; 

accompany the consignment in the original; 

EN 

28 

   EN 

 
 
 
 
(d) 

(e) 

(f) 

(g) 

attest to the fact that the poultry or eggs for hatching satisfy the requirements of this 
Directive  and  those  adopted  pursuant  to  this  Directive  with  regard  to  importation 
from third countries; 

be valid for five days; 

consist of a single sheet; 

be made out for a single consignee; 

(h) 

bear a stamp and a signature of a different colour from that of the certificate. 

(cid:208) 93/120/EC Art. 1 pt. 25 

2.  The  certificate  referred  to  in  paragraph  1 ⌦ shall ⌫  comply  with  a  model  drawn  up  in 
accordance with the procedure ⌦ referred to ⌫ in Article 35(2). 

(cid:208) 90/539/EEC (adapted) 

(cid:208) 90/539/EEC 

Article 29 

On-the-spot inspections shall be carried out by veterinary experts of the Member States and 
the Commission to ensure that all the provisions of this Directive are effectively applied. 

The  Member  States'  experts  responsible  for  those  inspections  shall  be  designated  by  the 
Commission on proposals from the Member States. 

The inspections shall be carried out on behalf of the Community, and the latter shall bear the 
costs thereof. 

The  frequency  of  the  inspections  and  the  inspection  procedure  shall  be  determined  in 
accordance with the procedure ⌦ referred to ⌫ in Article 35(2). 

(cid:208) 90/539/EEC (adapted) 

Article 30 

1. The Commission may, in accordance with the procedure ⌦ referred to ⌫ in Article 35(3), 
decide  that  imports  from  a  third  country  or  part  of  a  third  country  are  to  be  confined  to 
particular species, to eggs for hatching, to ⌦ breeding or productive ⌫ poultry , to slaughter 
poultry or to poultry intended for special purposes. 

EN 

29 

   EN 

 
 
 
 
 
2. The Commission may, in accordance with the procedure ⌦ referred to ⌫ in Article 35(2), 
determine that the imported poultry, eggs for hatching or poultry hatched from imported eggs 
is to be kept quarantined or isolated for a period which may not exceed two months. 

(cid:208) 1999/90/EC Art. 1 pt. 4 
(adapted) 

(cid:208) 1999/90/EC Art. 1 pt. 5 
(adapted) 

Article 31 

Notwithstanding  Articles  24,  26,  27  and  28,  the  Commission  may,  in  accordance  with  the 
procedure  ⌦ referred  to ⌫  in  Article  35(2),  decide  to  permit  on  a  case-by-case  basis  the 
importation of poultry and eggs for hatching from third countries where such imports do not 
conform to the provisions of Articles 24, 26, 27 and 28. Detailed rules for such importation 
shall be drawn up ⌦ at the same time in accordance ⌫ with the same procedure. Such rules 
shall offer animal health guarantees at least equivalent to the animal health guarantees offered 
by  Chapter  II,  involving  compulsory  quarantine  and  testing  for  avian  influenza,  Newcastle 
disease and any other relevant disease. 

(cid:208) 90/539/EEC (adapted) 

Article 32 

On arrival in the Member State of destination, slaughter poultry ⌦ shall ⌫ be taken directly 
to a slaughterhouse for slaughter as soon as possible. 

Without  prejudice  to  any  special  conditions  which  may  be  adopted  in  accordance  with  the 
procedure ⌦ referred to ⌫ in Article 35(3), the competent authority of the Member State of 
destination may, on animal-health grounds, designate the slaughterhouse to which the poultry 
must be conveyed. 

EN 

30 

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CHAPTER IV 

Common provisions 

Article 33 

For the purposes of intra-Community trade, the safeguard measures provided for in Council 
Directive 89/662/EEC18 shall apply to poultry and eggs for hatching. 

The  veterinary  control  rules  provided  for  by  Directive  90/425/EEC  shall  apply  to 
intra-Community trade in poultry and eggs for hatching. 

Article 34 

(cid:208) 806/2003 Art. 3 and Annex III 
pt. 13 (adapted) 

Article 35 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food  Chain  and 
Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European 
Parliament and of the Council19. 

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days. 

(cid:208) 90/539/EEC (adapted) 

Article 36 

Amendments to Annexes I to V, particularly in order to adapt them to changes in diagnostic 
methods and to variations in the economic importance of particular diseases, shall be decided 
in accordance with the procedure ⌦ referred to ⌫ in Article 35(2). 

18 
19 

OJ L 395, 30.12.1989, p. 13. 
OJ L 31, 1.2.2002, p. 1. 

EN 

31 

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(cid:208)  

Article 37 

Directive 90/539/EEC, as amended by the acts listed in Annex VI, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex VI, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex VII. 

Article 38 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from 1 January 2010. 

EN 

32 

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(cid:208) 90/539/EEC 

Article 39 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

33 

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(cid:208) 90/539/EEC 

ANNEX I 

(cid:208) 2008/73/EC Art. 11(3)(ii) 

The national reference laboratories for avian diseases designated in accordance with Article 4 
shall be responsible in each Member State for coordinating the diagnostic methods provided 
for in this Directive. To this end: 

(a) 

(b) 

they  may  supply  approved  laboratories  with  the  reagents  needed  for  diagnostic 
testing; 

they shall monitor the quality of reagents used by the laboratories approved for the 
purpose of carrying out the diagnostic tests provided for in this Directive; 

(c) 

they shall organize periodic comparative tests. 

________

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34 

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(cid:208) 90/539/EEC 

ANNEX II 

APPROVAL OF ESTABLISHMENTS 

CHAPTER I 

General rules 

1. 

In  order  to  be  approved  by  the  competent  authority  for  the  purposes  of 
intra-Community trade, establishments must: 

(cid:208) 90/539/EEC (adapted) 

(a) 

satisfy the conditions as regards facilities and operation set out in Chapter II; 

(b) 

apply  and  adhere  to  a  disease  surveillance  programme  approved  by  the 
competent central veterinary authority, taking into account the requirements of 
Chapter III; 

(c) 

provide every facility for the carrying out of the operations listed in point (d); 

(d)  be subject to the supervision of the competent veterinary authority within the 
context  of  an  organised  form  of  animal  health  monitoring.  Such  monitoring 
⌦ shall ⌫ include in particular: 

– 

– 

at  least  one  inspection  visit  per  year  by  the  official  veterinarian, 
supplemented  by  checks  to  verify  the  application  of  hygiene  measures 
and the operation of the establishment in accordance with the conditions 
in Chapter II, 

the  recording  by  the  farmer  of  all  the  information  necessary  for  the 
continuous  monitoring  of  the  health  status  of  the  establishment  by  the 
competent veterinary authority; 

(e) 

contain only poultry. 

2. 

The competent  authority ⌦ shall ⌫ give each establishment which complies with 
the conditions laid down in point 1 a distinguishing number, which may be the same 
as that given pursuant to Regulation (EC) No ⌦ 1234/2007 ⌫. 

EN 

35 

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(cid:208) 90/539/EEC 

CHAPTER II 

Facilities and operation 

A. 

Pedigree breeding, breeding and rearing establishments 

1. 

Facilities 

(a)  The setting and layout of the facilities must be compatible with the type 
of  production  pursued,  ensuring  that  the  introduction  of  disease  can  be 
prevented  or,  if  an  outbreak  occurs,  that  it  can  be  controlled.  If  an 
establishment  houses  several  species  of  poultry,  there  must  be  a  clear 
separation between them. 

(b)  The facilities must provide good conditions of hygiene and allow health 

monitoring to be carried out. 

(c)  The equipment must be compatible with the type of production pursued, 
and allow cleansing and disinfection of the facilities and of vehicles for 
transporting poultry and eggs at the most suitable spot. 

2. 

Rearing 

(a)  Rearing  techniques  must  be  based  as  far  as  possible  on  the  ‘protected 
rearing’  principle  and  on  the  ‘all-in/all-out’  principle.  Cleansing, 
disinfection and depopulation must be carried out between batches. 

(b)  Pedigree-breeding, breeding and rearing establishments must house only 

poultry: 

– 

– 

– 

from the establishment itself, and/or 

from other pedigree-breeding, breeding or rearing establishments in 
the Community approved in accordance with Article 6(a)(i), and/or 

imported from third countries in accordance with this Directive. 

(c)  Hygiene  rules  must  be  drawn  up  by 

the 
establishment;  personnel  must  wear  appropriate  working  clothing  and 
visitors protective clothing. 

the  management  of 

(d)  Buildings, pens and equipment must be kept in good repair. 

(e)  Eggs  must  be  collected  several  times  a  day,  and  must  be  clean  and  be 

disinfected as soon as possible. 

EN 

36 

   EN 

 
 
(f)  The  farmer  must  notify  the  authorised  veterinarian  of  any  variation  in 
production  performance  or  any  other  sign  suggesting  the  presence  of  a 
contagious  poultry  disease.  As  soon  as  disease  is  suspected,  the 
authorised  veterinarian  must  send  the  samples  needed  for  making  or 
confirming the diagnosis to an approved laboratory. 

(g)  A flock history, register or data medium must be kept for each flock for 

at least two years after the disposal of the flock and must show: 

– 

– 

– 

– 

– 

– 

arrivals and departures, 

production performance, 

morbidity and mortality with causes, 

any laboratory tests and the results thereof, 

the place of origin of the poultry, 

the destination of eggs. 

(h)  Where a contagious poultry disease occurs, the results of laboratory tests 
must be communicated immediately to the authorised veterinarian. 

B. 

Hatcheries 

1. 

Facilities 

(a)  A  hatchery  must  be  physically  and  operationally  separate  from  rearing 
facilities. The layout must be such as to allow the various functional units 
listed below to be kept separate: 

– 

– 

– 

– 

– 

egg storage and grading, 

disinfection, 

pre-incubation, 

hatching, 

preparation and packaging of goods for dispatch. 

(b)  Buildings  must  be  protected  against  birds  coming  from  outside  and 
rodents;  floors  and  walls  must  be  of  hard-wearing,  impervious  and 
washable  materials;  natural  or  artificial  lighting  and  air  flow  and 
temperature  systems  must  be  of  an  appropriate  type;  provision  must  be 
made for the hygienic evacuation of waste (eggs and chicks). 

(c)  Equipment must have smooth and waterproof surfaces. 

EN 

37 

   EN 

 
2.  Operation 

(a)  Operation  must  be  based  on  a  one-way  circuit  for  eggs,  mobile 

equipment and personnel. 

(b)  Eggs for hatching must be: 

– 

– 

from  Community  pedigree  breeding  or  breeding  establishments 
approved in accordance with Article 6(a)(i), 

imported from third countries in accordance with this Directive. 

(c)  Hygiene  rules  must  be  drawn  up  by 

the 
establishment;  personnel  must  wear  appropriate  working  clothing  and 
visitors protective clothing. 

the  management  of 

(d)  Buildings and equipment must be kept in good repair. 

(e)  The following must be disinfected: 

– 

– 

– 

eggs, between the time of their arrival and the incubation process, 

the incubators, regularly, 

hatchers and equipment, after the hatching of each batch. 

(f)  A  programme  of  microbiological  quality control must be used to assess 

the health status of the hatchery. 

(cid:208) 90/539/EEC (adapted) 

(g)  The  farmer  must  notify  the  authorised  veterinarian  of  any  variation  in 
production  performance  or  any  other  sign  suggesting  the  presence  of  a 
contagious  poultry  disease.  As  soon  as  contagious  disease  is  suspected, 
the authorised veterinarian must send the samples needed for making or 
confirming  the  diagnosis  to  an  approved  laboratory  and  inform  the 
competent veterinary authority, which ⌦ shall ⌫ decide on appropriate 
measures to be taken. 

(h)  A flock history, register or data medium for the hatchery must be kept for 

at least two years showing, if possible by flock: 

(cid:208) 90/539/EEC 

– 

– 

– 

the origin of the eggs and their arrival date, 

hatching yields, 

any abnormalities, 

EN 

38 

   EN 

 
 
 
– 

– 

– 

any laboratory tests and the results thereof, 

details of any vaccination programmes, 

the  number  and  the  destination  of  incubated  eggs  which  have  not 
hatched, 

– 

the destination of day-old chicks. 

(i)  Where a contagious poultry disease occurs, the results of laboratory tests 
must be communicated immediately to the authorised veterinarian. 

CHAPTER III 

Disease surveillance programme 

Without  prejudice  to  health  measures  and  to  Articles  18  and  19,  disease  surveillance 
programmes must, as  a  minimum,  comprise  surveillance of the infections and  species  listed 
below. 

A. 

Salmonella pullorum, Salmonella gallinarum and Salmonella arizonae infections 

1. 

Species concerned 

(a) 

Salmonella pullorum et gallinarum: fowls, turkeys, guinea fowls, quails, 
pheasants, partridges and ducks. 

(b)  Salmonella arizonae: turkeys. 

2.  Disease surveillance programme 

(a)  Serological  and/or  bacteriological  tests  must  be  used  to  determine 

whether an infection is present. 

(b)  Samples  for  testing  must  be  taken,  as  appropriate,  from  blood,  second-
grade  chicks,  down  or  dust  taken  from  hatchers,  swabs  taken  from  the 
walls of the hatchery, litter or water from a drinker. 

(c)  When  blood  samples  are  taken  from  a  flock  for  serological  testing  for 
Salmonella pullorum or Salmonella arizonae, prevalence of infection in 
the country concerned and its past incidence in the establishment must be 
allowed for in determining the number of samples to be taken. 

Flocks  must be inspected during  each laying  period at the best  time  for 
detecting the disease. 

EN 

39 

   EN 

 
 
B. 

Mycoplasma gallisepticum and Mycoplasma meleagridis infections 

1. 

Species concerned 

(a)  Mycoplasma gallisepticum: fowls and turkeys. 

(b)  Mycoplasma meleagridis: turkeys. 

2.  Disease surveillance programme 

(a)  Presence of infection must be tested by serological and/or bacteriological 
testing and/or by the presence of air sacculitis lesions in day-old chicks 
and turkey poults. 

(b)  Samples  for  testing  must  be  taken,  as  appropriate,  from  blood,  day-old 
chicks  and  turkey  poults,  sperm,  or  swabs  taken  from  the  trachea,  the 
cloaca or air sacs. 

(c)  Tests 

for  detecting  Mycoplasma  gallisepticum  or  Mycoplasma 
meleagridis  must  be  performed  on  a  representative  sample  in  order  to 
allow continuous surveillance of the infection during rearing and laying, 
i.e. just before the start of laying and every three months thereafter. 

C. 

Results and measures to be taken 

If there are no reactors, the test is deemed negative. Otherwise, the flock is suspect 
and the measures specified in Chapter IV must be applied to it. 

D. 

In the case of holdings which consist of two or more separate production units, the 
competent veterinary authority may derogate from these measures as regards healthy 
production  units  on  a  holding  which  is  infected  provided  that  the  authorised 
veterinarian has confirmed that the structure and size of these production units and 
the operations carried out there are such that the production units provide completely 
separate  facilities  for  housing,  keeping  and  feeding,  so  that  the  disease  in  question 
cannot spread from one production unit to another. 

CHAPTER IV 

Criteria for suspending or withdrawing approval of an 
establishment 

1. 

Approval granted to an establishment must be suspended: 

(a)  when the conditions laid down in Chapter II are no longer met; 

(b)  until an investigation appropriate to the disease has been completed: 

– 

if  avian 
establishment, 

influenza  or  Newcastle  disease  are  suspected  at 

the 

EN 

40 

   EN 

 
 
– 

– 

if  the  establishment  has  received  poultry  or  hatching  eggs  from  an 
establishment  with  suspected  or  actual  infection  by  avian  influenza  or 
Newcastle disease, 

if  contact  liable  to  transmit  the  infection  has  occurred  between  the 
establishment and the site of an outbreak of avian influenza or Newcastle 
disease; 

(c) 

until such time as new tests are performed, if the results of surveillance carried 
out  in  accordance  with  the  conditions  laid  down  in  Chapters  II  and  III  for 
infection  by  Salmonella  pullorum,  Salmonella  gallinarum,  Salmonella 
arizonae, Mycoplasma gallisepticum or Mycoplasma meleagridis give cause to 
suspect infection; 

(d)  until  completion  of  the  appropriate  measures  required  by  the  official 
veterinarian, if the establishment is found not to conform with the requirements 
of Chapter I, point 1 (a), (b) and (c). 

2. 

Approval must be withdrawn: 

(a) 

if avian influenza or Newcastle disease occurs at the establishment; 

(b) 

(c) 

if  a  second  test  of  an  appropriate  type  confirms  the  presence  of  infection  by 
Salmonella  pullorum,  Salmonella  gallinarum,  Salmonella  arizonae, 
Mycoplasma gallisepticum or Mycoplasma meleagridis; 

if, after a second notice served by the official veterinarian, action to bring the 
establishment into line with the requirements of Chapter I, point 1(a), (b) and 
(c), has not been taken. 

3. 

Conditions for restoring approval: 

(a) 

if approval has been withdrawn because of an occurrence of avian influenza or 
Newcastle disease, it may be restored 21 days after cleansing and disinfection 
if sanitary slaughter has been carried out; 

(b) 

if approval has been withdrawn because of infection caused by: 

– 

Salmonella  pullorum  et  gallinarum,  or  Salmonella  arizonae,  it  may  be 
restored after negative results have been recorded in two tests performed 
with  an  interval  of  at  least  21  days  on  the  establishment  and  after 
disinfection following sanitary slaughter of the infected flock, 

–  Mycoplasma  gallisepticum  or  Mycoplasma  meleagridis,  it  may  be 
restored after negative results have been recorded in two tests performed 
on the entire flock with an interval of at least 60 days. 

_______

41 

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(cid:208) 92/369/EEC Art. 1 

ANNEX III 

POULTRY VACCINATION CONDITIONS 

1. 

2. 

Vaccines  used  for  vaccinating  poultry  or  flocks  producing  eggs  for  hatching  must 
have  a  marketing  authorisation  issued  by  the  competent  authority  of  the  Member 
State in which the vaccine is used. 

The  criteria  for  using  vaccines  against  Newcastle  disease  in  the  context  of  routine-
vaccination programmes may be determined by the Commission. 

________

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42 

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(cid:208) 2007/594/EC Annex (adapted) 

ANNEX IV 

VETERINARY CERTIFICATES FOR INTRA-COMMUNITY TRADE 

(Models 1 to 6) 

MODEL 1 

EN 

43 

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⌦ EUROPEAN COMMUNITY  Eggs for hatching 

II.1 

Animal health attestation 

II.a. Certificate reference number 

II..b. Local reference number 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that the eggs for hatching described above:  

(a) 

comply with  

(1) 

either [the provisions of Articles 6, 8 and 20 of Council Directive […/…/EC]] 

(1) (2)  or  [the  provisions  of  Articles  6  (a)  (i),  (ii)  and  (b),  8  and  20  of  Council 

Directive […/…/EC]]; 

(3) (b)  comply with the provisions of Article 17 (1) (a) of Council Directive […/…/EC]. 

(4) (c)  comply  with  the  provisions  of  Commission  Decision(s)  …/…/EC  concerning  additional 
guarantees with regard to ……………….. (indicate disease(s)) and in accordance with Article 18 
or Article 19 of Council Directive […/…/EC]. 

(d) 

come from poultry which: 

(1) 

either [have not been vaccinated against Newcastle disease;]  

(1) 

or [have been vaccinated against Newcastle disease using: 

…………………………………………………………………………………… 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

On ……………… (date) at the age of ………………….. weeks]. 

II.2 

Public health attestation 

I, the undersigned official veterinarian, certify that the eggs for hatching described above: 

(5) (a)  come from a flock which has been tested for Salmonella serotypes with public health significance 
in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council. 

Date of last sampling of the flock from which the testing result is known: ……………………… 

Result of all testing in the flock: 

(1) (6)  either [positive;] 

(1) (6)  or [negative] 

(5) (b)  and,  neither  Salmonella  Enteritidis  nor  Salmonella  Typhimurium  were  detected  with  the  control 

programme referred to in point II.2(a).  

II.3 

Additional health information 

(1) (7) II.3.1.  The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching  originating 

from holdings where no vaccination against avian influenza has been carried out. 

(1) II.3.2. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in  Commission 
Decision 2006/415/EC. 

(1) II.3.3. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in  Commission 
Decision 2006/563/EC. 

EN 

44 

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Notes 

Part I: 

– 

– 

Part II: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

– 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight  number 
(aircraft) or name (ship) 

Box  reference  I.31:  Category:  select  one  of  the  following:  pure  line/grandparents/parents/laying 
pullets/fattening/others. 

Identification: indicate the identification details of parent flock and brand name. 

Age: provide the date of collection. 

Keep as appropriate. 

Only applicable if II.3.2. or II.3.3. are complied with. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved  non-vaccinating  status  for 
Newcastle disease currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

The certification under points II.2 only applies if the poultry belongs to the species Gallus gallus. 

If  any  of  the  results  were  positive  for  Salmonella  Infantis,  Salmonella  Virchow  or  Salmonella  Hadar 
during the life of the flock, indicate as positive. 

Only applicable for Member States which carry out vaccination against avian influenza according to EC 
approved vaccination plan. 

The colour of the stamp and signature must be different from that of the other particulars in the certificate. 

Official veterinarian  

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

EN 

45 

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MODEL 2 

EN 

46 

   EN 

 
 
⌦ EUROPEAN COMMUNITY 
chicks 

II.1. 

Animal health attestation 

II.a. Certificate reference number 

Day-old 

II..b.  Local 
reference 
number 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that the day-old chicks described above:  

(a) 

comply with: 

(1) either  (i) [the provisions of Articles 6, 9 and 20 of Council Directive […/…/EC] 

(1) (2) (3) or 

[the provisions of Articles 6 (a) (i), (ii) and (b), 9 and 20 of Council 

Directive […/…/EC]; 

(1) or  (ii) [if derived from eggs for hatching imported according to the requirements of 
Model HEP of Commission Decision 2006/696/EC, with the provision of Article 
6 (a) and Article 9 (b) and (c) of Council Directive […/…/EC]] 

(1) (2) (3) or 

[if  derived  from  eggs  for  hatching  imported  according  to  the 
requirements  of  Model  HEP  of  Commission  Decision  2006/696/EC,  with  the 
provision of Article 6 (a) (i), (ii) and Article 9 (b) and (c) of Council Directive 
[…/…/EC] 

(4) (b)  comply with Article 17 (1) (b) of Council Directive […/…/EC]. 

(5) (c)  comply with the provisions of Commission Decision(s) …/…/EC concerning additional 
guarantees  with regard  to  ………………..  (indicate  disease(s)) and  in  accordance  with 
Article 18 or Article 19 of Council Directive […/…/EC]. 

(1) (d)  either [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date)]. 

(e) 

come from poultry which: 

(1) either [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

……………………. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date)]. 

(1) (f)  for  introduction  into  flocks  of  breeding  poultry  or  flocks  of  productive  poultry  come 
from  flocks  which  have  been  tested  with  negative  results  according  to  the  rules  laid 
down in Commission Decision 2003/644/EC. 

. 

II.2. 

Public health attestation 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
I, the undersigned official veterinarian, certify that the day-old chicks described above:  

(6) (a)  come  from  a  flock  which  has  been  tested  for  Salmonella  serotypes  with  public  health 
significance  in  accordance  with  Regulation  (EC)  No  2160/2003  of  the  European 
Parliament and of the Council. 

Date  of  last  sampling  of  the  flock  from  which  the  testing  result  is  known: 
……………….......................... 

Result of all testing in the flock: 

(1) (7) either [positive;] 

(1) (7) or [negative] 

(6) (b)  and, 

if 

intended  for  breeding,  neither  Salmonella  Enteritidis  nor  Salmonella 

Typhimurium were detected within the control programme referred to in point II.2(a). 

II.3. 

Additional health information 

(1) (8)  II.3.1.  The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching 
originating from holdings where no vaccination against avian influenza has been 
carried out. 

(1) 

II.3.2.  This  consignment  complies  with  the  animal  health  conditions  laid  down  in 

Commission Decision 2006/415/EC. 

Notes 

Part I: 

– 

– 

– 

– 

Part II: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Box reference I.6: No(s) of accompanying animal health certificates. 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight 
number (aircraft) or name (ship).  

Box reference I.19: Use the appropriate HS codes: 01.05. 01.06.39. 

Box reference I.31: Category: select one of the following: pure line/grandparents/parents/laying 
pullets/fattening/others. 

Age: provide date hatched. 

Number of packages: provide the number of crates or cages. 

Keep as appropriate. 

Only applicable if II.3.2. is complied with. 

In those cases where day-old chicks come from eggs imported from a third country the period of 
isolation  on  the  holding  of  destination  has  to  be  respected  as  foreseen  in  Article  10  of 
Commission Decision 2006/696/EC. The competent authority of the final destination of the day-
old chicks has to be informed through the TRACES system about this requirement. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved-non-vaccinating 
status for Newcastle diseases currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

The  guarantees  given  under  points  II.2  only  apply  if  the  day-old  chicks  belong  to  the  species 

EN 

48 

   EN 

 
 
 
 
 
 
Gallus gallus and, 

– 

– 

They  apply  from  1  February  2008,  if  the  day-old  chicks  are  intended  solely  for 
production of eggs, other than eggs for hatching. 

They  apply  from  1  January  2009,  if  the  day-old  chicks  are  intended  solely  for  meat 
production. 

(7) 

If any of the results were positive for the serotypes below during the life of the flock, indicate as 
positive. 

Flocks of breeding poultry: Salmonella Hadar, Salmonella Virchow and Salmonella Infantis. 

Flocks of productive poultry: Salmonella Enteritidis and Salmonella Typhimurium. 

(8) 

Only  applicable  for  Member  States  which  carry  out  vaccination  against  avian  influenza 
according to EC approved vaccination plan. 

– 

The colour of the stamp and signature must be different from that of the other particulars 
in the certificate.  

Official veterinarian 

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

EN 

49 

   EN 

 
 
 
 
 
 
 
MODEL 3 

EN 

50 

   EN 

 
 
⌦ EUROPEAN COMMUNITY 
poultry 

Breeding  and  productive 

II.1. 

Animal health attestation   

II.a. Certificate reference number 

Local 

II..b. 
reference 
number 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that the poultry described above:  

(a) 

comply with the provisions of Articles 6, 10 and 20 of Council Directive […/…/EC] 

(1) (b)  comply with Article 17 (1) (c) of Council Directive […/…/EC]. 

(2) (c)  comply with the provisions of Commission Decision(s) …/…/EC concerning additional 
guarantees  with regard  to  ………………..  (indicate  disease(s)) and  in  accordance  with 
Article 18 or Article 19 of Council Directive […/…/EC]. 

(3) (d)  either [have not been vaccinated against Newcastle disease;] 

(3) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of ……………… weeks]. 

(3) (e)  the  breeding  poultry  has  been  tested  with  negative  results  according  to  the  rules  laid 

down in Commission Decision 2003/644/EC. 

(3) (f)  the  laying  hens  (productive  poultry  reared  with  the  view  to  producing  eggs  for 
consumption) have been tested with negative results according to the rules laid down in 
Commission Decision 2004/235/EC. 

II.2. 

Public health attestation 

I, the undersigned official veterinarian, certify that the poultry described above:  

(4) (a)  come  from  a  flock  which  has  been  tested  for  Salmonella  serotypes  with  public  health 
significance  in  accordance  with  Regulation  (EC)  No  2160/2003  of  the  European 
Parliament and of the Council. 

Date  of  last  sampling  of  the  flock  from  which  the  testing  result  is  known: 

……………….......................... 

Result of all testing in the flock: 

(3) (5) either [positive;] 

(3) (5) or [negative] 

(4) (b)  and,  if  breeding  poultry,  neither  Salmonella  Enteritidis  nor  Salmonella  Typhimurium 

were detected within the control programme referred to in point II.2(a). 

II.3. 

Additional health information 

(3) (6) II.3.1.  The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching 
originating from holdings where no vaccination against avian influenza has been 
carried out. 

. 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Notes 

Part I: 

– 

– 

– 

Part II: 

(1) 

(2) 

(3) 

(4) 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight 
number (aircraft) or name (ship).  

Box reference I.19: Use the appropriate HS codes: 01.05. 01.06.39. 

Box reference I.31: Category: select one of the following: pure line/grandparents/parents/laying 
pullets/fattening/others. 

Identification: indicate the identification details of flock of origin and brand name. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved  non-vaccinating 
status for Newcastle diseases currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

Keep as appropriate. 

The  guarantees given  under  points  II.2  apply  only  if  the  poultry  belongs  to the  species  Gallus 
gallus and, 

– 

– 

They apply from 1 February 2008, if the poultry is intended solely for the production of 
eggs, other than eggs for hatching. 

They apply from 1 January 2009, if the poultry is reared solely for meat production. 

(5) 

If any of the results were positive for the serotypes below during the life of the flock, indicate as 
positive. 

Flocks of breeding poultry: Salmonella Hadar, Salmonella Virchow and Salmonella Infantis. 

Flocks of productive poultry: Salmonella Enteritidis and Salmonella Typhimurium. 

(6) 

Only  applicable  for  Member  States  which  carry  out  vaccination  against  avian  influenza 
according to EC approved vaccination plan. 

– 

The colour of the stamp and signature must be different from that of the other particulars 
in the certificate.  

Official veterinarian 

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

EN 

52 

   EN 

 
 
 
 
 
 
 
MODEL 4 

EN 

53 

   EN 

 
 
⌦ EUROPEAN COMMUNITY 
hatching in lots of under 20 (except for ratites and hatching eggs thereof) 

Poultry,  day-old  chicks  and  eggs  for 

II.1. 

Animal health attestation   

II.a. Certificate reference number 

II..b.  Local 
reference 
number 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that:  

(a) (1) either 

[the  poultry,  day-old  chicks  or  eggs  for  hatching  described  above  comply  with 
the provisions of Article 16 of Council Directive […/…/EC].] 

(1) (2) or 

[the  poultry,  day-old  chicks  or  eggs  for  hatching  described  above  comply  with 
the  provisions  of  Article  16  (1)  and  (2)  (a)  to  (d)  of  Council  Directive 
[…/…/EC].] 

(3) (b)  the  poultry,  day-old  chicks  or  eggs  for  hatching  described  above  comply  with 

Article 17 (1) of Council Directive […/…/EC]. 

(1) (c) either 

(i) [the poultry;] 

(1) or  (ii) [day-old chicks;] 

(1) or  (iii) [ eggs for hatching;] 

(4) 

comply with the provisions of Commission Decision(s) …/…/EC concerning additional 
guarantees  with regard  to  ………………..  (indicate  disease(s)) and  in  accordance  with 
Article 18 or 19 of Council Directive […/…/EC]. 

(d) 

the poultry: 

(1) either  [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of ……………… weeks]. 

(e) 

the day-old chicks: 

(1) either  [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

……………………. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date)]. 

(f) 

the poultry form which the day-old chicks come: 

(1) either  [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

EN 

54 

   EN 

 
 
 
 
 
 
 
 
 
 
 
………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of ……………… weeks]. 

(g) 

the poultry from which the eggs for hatching come: 

(1) either  [have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of ……………… weeks]. 

II.2. 

Public health attestation 

I, the undersigned official veterinarian, certify that:  

(5) (a)  the  poultry,  the  day-old  chicks  or  the  eggs  for  hatching  come  from  a  flock  which  has 
been tested for Salmonella serotypes with public health significance in accordance with 
Regulation (EC) No 2160/2003 of the European Parliament and of the Council. 

Date  of  last  sampling  of  the  flock  from  which  the  testing  result  is  known: 

……………….......................... 

Result of all testing in the flock: 

(1) (6) either 

[positive;] 

(1) (6) or  [negative] 

(5) (b)  and,  if  breeding  poultry,  day-old  chicks  or  eggs  for  hatching  intended  for  breeding, 
neither  Salmonella  Enteritidis  nor  Salmonella  Typhimurium  were  detected  within  the 
control programme referred to in point II.2(a). 

II.3. 

Additional health information 

(1) (7) II.3.1.  The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching 
originating from holdings where no vaccination against avian influenza has been 
carried out. 

(1) II.3.2. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in 
Commission Decision 2006/415/EC. 

(1) II.3.3. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in 
Commission Decision 2006/563/EC. 

Notes 

Part I: 

– 

– 

. 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight 
number (aircraft) or name (ship).  

Box reference I.19: Use the appropriate HS codes: 01.05, 01.06.39, 04.07. 

EN 

55 

   EN 

 
 
– 

Box reference I.31: Category: select one of the following: pure line/grandparents/parents/laying 
pullets/fattening/others. 

Identification: indicate the identification details of flocks of origin. 

Age: provide the date of collection (in case of eggs) or the approximate age (in case of poultry)

Part II: 

(1) 

(2) 

(3) 

(4) 

(5) 

Keep as appropriate. 

Only applicable if II.3.2. or II.3.3. is complied with. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved-non-vaccinating 
status for Newcastle diseases currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

The  guarantees  given  under  points  II.2  apply  only  if  the  poultry,  day-old  chicks  or  eggs  for 
hatching belong to the species Gallus gallus and, 

– 

– 

They apply  from  1  February  2008,  if  the  poultry  or  day-old chicks  are  intended  solely 
for production of eggs, other than eggs for hatching. 

They apply from 1 January 2009, if the poultry or day-old chicks are reared solely for 
meat production. 

(6) 

If any of the results were positive for the serotypes below during the life of the flock, indicate as 
positive. 

Flocks of breeding poultry: Salmonella Hadar, Salmonella Virchow and Salmonella Infantis. 

Flocks of productive poultry: Salmonella Enteritidis and Salmonella Typhimurium. 

(7) 

Only  applicable  for  Member  States  which  carry  out  vaccination  against  avian  influenza 
according to EC approved vaccination plan. 

– 

The colour of the stamp and signature must be different from that of the other particulars 
in the certificate.  

Official veterinarian 

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
MODEL 5 

EN 

57 

   EN 

 
 
⌦ EUROPEAN COMMUNITY 

Slaughter poultry 

II.1. 

Animal health attestation   

II.a. Certificate reference number 

Local 

II..b. 
reference 
number 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that the poultry described above:  

(a) (1) either 

[comply  with 

the  provisions  of  Articles  13  and  20  of  Council 

Directive […/…/EC].] 

(1) (2) or 

[comply  with  the  provisions  of  Articles  13  (a),  (b),  (c)  and  20  of  Council 
Directive […/…/EC].] 

(3) (b)  comply with Article 17 (1) (d) of Council Directive […/EC]. 

(4) (c)  comply with the provisions of Commission Decision(s) …/…/EC concerning additional 
guarantees  with regard  to  ………………..  (indicate  disease(s)) and  in  accordance  with 
Article 18 or 19 of Council Directive […/…/EC]. 

(d) (1) either 

[have not been vaccinated against Newcastle disease;] 

(1) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………

………………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of ……………… weeks]. 

II.2. 

Public health attestation 

I, the undersigned official veterinarian, certify that the poultry described above:  

(5) 

are  tested  for  Salmonella  serotypes  with  public  health  significance  in  accordance  with 
Regulation (EC) No 2160/2003 of the European Parliament and of the Council. 

Date  of  last  sampling  of  the  flock  from  which  the  testing  result  is  known: 
……………….......................... 

Result of all testing in the flock: 

(1) (6) either 

[positive;] 

(1) (6) or  [negative] 

II.3. 

Additional health information 

(1) (7) II.3.1.  The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching 
originating from holdings where no vaccination against avian influenza has been 
carried out. 

(1) II.3.2. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in 
Commission Decision 2006/415/EC. 

Notes 

Part I: 

– 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight 
number (aircraft) or name (ship).  

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
– 

– 

Part II: 

(1) 

(2) 

(3) 

(4) 

(5) 

Box reference I.19: Use the appropriate HS codes: 01.05, 01.06.39. 

Box reference I.31: Category: select one of the following: pure line/grandparents/parents/laying 
pullets/fattening/others. 

Identification: indicate the identification details of parent flock and brand name. 

Age: provide the approximate age of the poultry. 

Keep as appropriate. 

Only applicable if II.3.2. or II.3.3. is complied with. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved  non-vaccinating 
status for Newcastle diseases currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

The guarantees given under points II.2 apply only if the slaughter poultry belong to the species 
Gallus gallus and, 

– 

– 

They apply from 1 February 2008, if the poultry was kept solely for production of eggs, 
other than eggs for hatching. 

They apply from 1 January 2009, if the poultry is reared solely for meat production. 

(6) 

If any of the results were positive for the serotypes below during the life of the flock, indicate as 
positive. 

Flocks of breeding poultry: Salmonella Enteritidis, Salmonella Typhimurium, Salmonella Hadar, 
Salmonella Virchow and Salmonella Infantis. 

Flocks of productive poultry: Salmonella Enteritidis and Salmonella Typhimurium. 

(7) 

Only  applicable  for  Member  States  which  carry  out  vaccination  against  avian  influenza 
according to EC approved vaccination plan. 

– 

The colour of the stamp and signature must be different from that of the other particulars 
in the certificate.  

Official veterinarian 

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

EN 

59 

   EN 

 
 
 
 
 
 
 
MODEL 6 

EN 

60 

   EN 

 
 
⌦ EUROPEAN COMMUNITY 
supplies 

Poultry  for  restocking  game 

II.1. 

Animal health attestation   

II.a. Certificate reference number 

II..b. 
reference number 

Local 

n
o
i
t
a
c
i
f
i
t
r
e
C

:
I
I

t
r
a
P

I, the undersigned official veterinarian, certify that poultry described above:  

(a) 

comply with the provisions of Articles 14 and 20 of Council Directive […/…/EC] 

(1) (b)  comply with Article 17 (1) (c) of Council Directive […/…/EC]. 

(2) (c)  comply with the provisions of Commission Decision(s) …/…/EC concerning additional 
guarantees  with regard  to  ………………..  (indicate  disease(s)) and  in  accordance  with 
Article 18 or 19 of Council Directive […/…/EC]. 

(3) (d) either 

[have not been vaccinated against Newcastle disease;] 

(3) or  [have been vaccinated against Newcastle disease using: 

……………………………………………………………………………………………………

………….. 

(name and type (live or inactivated) of Newcastle disease virus strain used in vaccine(s)) 

on ………………… (date) at the age of …………….. weeks]. 

II.2. 

Additional health information 

(3) II.2.1. 

The  consignment  consists  of  live  poultry/day-old  chicks/  eggs  for  hatching 
originating from holdings where no vaccination against avian influenza has been 
carried out. 

(3) II.2.2. 

This  consignment  complies  with  the  animal  health  conditions  laid  down  in 
Commission Decision 2006/605/EC. 

Notes 

Part I: 

– 

– 

– 

Part II: 

(1) 

(2) 

. 

Box  reference  I.16:  Registration  number  (railway  wagons  or  container  and  lorries),  flight 
number (aircraft) or name (ship).  

Box reference I.19: Use the appropriate HS codes: 01.05. 01.06.39. 

Box reference I.31: Category: select one of the following: pure line/grandparents/parents/laying 
pullets/fattening/others. 

Identification: indicate the identification details of flocks of origin. 

Age: provide the approximate age of the poultry. 

To  certify  in  case  of  dispatch  to  a  Member  State,  which  has  an  EC-approved  non-vaccinating 
status for Newcastle diseases currently: Finland and Sweden otherwise delete reference. 

Complete if appropriate. 

EN 

61 

   EN 

 
 
 
 
 
 
 
 
 
 
 
(3) 

Keep as appropriate. 

– 

The colour of the stamp and signature must be different from that of the other particulars 
in the certificate.  

Official veterinarian 

Name (in Capital): 
Local Veterinary Unit: 
Date: 
Stamp 

Qualification and title 
N° of the related LVU: 
Signature: 

 ⌫ 

________ 

EN 

62 

   EN 

 
 
 
 
 
 
 
(cid:208) 90/539/EEC 

ANNEX V 

COMPULSORILY NOTIFIABLE DISEASES 

– 

– 

Avian influenza 

Newcastle disease 

________ 

EN 

63 

   EN 

 
 
(cid:207) 

ANNEX VI 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 37) 

Council Directive 90/539/EEC 
(OJ L 303, 31.10.1990, p. 6) 

Council Directive 91/494/EEC 
(OJ L 268, 24.9.1991, p. 35) 

Council Directive 91/496/EEC 
(OJ L 268, 24.9.1991, p. 56) 

Council Directive 92/65/EEC 
(OJ L 268, 14.9.1992, p. 54) 

Commission Decision 92/369/EEC 
(OJ L 195, 14.7.1992, p. 25) 

Council Directive 93/120/EC 
(OJ L 340, 31.12.1993, p. 35) 

Points V.E.I.2.A.4 of Annex I to the 1994 
Act of Accession 
(OJ C 241, 29.8.1994, p. 132) 

Council Directive 1999/90/EC 
(OJ L 300, 23.11.1999, p. 19) 

Commission Decision 2000/505/EC 
(OJ L 201, 9.8.2000, p. 8) 

Commission Decision 2001/867/EC 
(OJ L 323, 7.12.2001, p. 29) 

Council Regulation (EC) No 806/2003 
(OJ L 122, 16.5.2003, p. 1) 

Point 6.B.I.17 of Annex II to the 2003 
Act of Accession 
(OJ L 236, 23.9.2003, p. 381) 

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

Only Article 19(2) 

Only as regards the reference to 
Directive 90/539/EEC in Article 26(2) 

Only Article 7(B), second 
subparagraph 

Only Article 1 and Annex 

Only Annex III, point 13 

Only Annex, point I.3 

EN 

64 

   EN 

 
 
 
 
 
 
 
 
 
Commission Decision 2006/911/EC 
(OJ L 346, 9.12.2006, p. 41) 

Commission Decision 2007/594/EC 
(OJ L 227, 31.8.2007, p. 33) 

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

Council Directive 2008/73/EC 
(OJ L 219, 14.8.2008, p. 40) 

Only Annex, point 4 

Only Annex, point 2 

Only Article 11 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 37) 

Directive 

Time-limit for transposition 

90/539/EEC 

91/494/EEC 

91/496/EEC 

92/65/EEC 

93/120/EC 

1999/90/EC 

2006/104/EC 

2008/73/EC 

1 May 1992 

1 May 1992 

1 July 1992 

31 December 1993 

1 January 1995 

30 June 2000 

1 January 2007 

1 January 2010 

_____________ 

EN 

65 

   EN 

 
 
ANNEX VII 

CORRELATION TABLE 

Directive 90/539/EEC 

This Directive 

Article 1 

Article 1 

Article 2, first paragraph 

Article 2, first paragraph 

Article 2, second paragraph, points (1) to (14)  Article 2, second paragraph, points (1) to (14) 

Article 2, second paragraph, point (16) 

Article 2, second paragraph, point (15) 

Article 2, second paragraph, point (17) 

Article 2, second paragraph, point (16) 

Article 3(1) 

Article 3(2) 

Article 3(1), first subparagraph 

Article 3(1), second subparagraph 

Article 3(3), first and second indents 

Article 3(2)(a) and (b) 

Article 4 

Article 4 

Article 5(a), first subparagraph 

Article 5(a), first subparagraph 

Article  5(a),  second  subparagraph,  first, 
second and third indents 

Article 5(a), second subparagraph, (i), (ii) and 
(iii) 

Article 5(b), (c) and (d) 

Article 5(b), (c) and (d) 

Article 6(1)(a), (b) and (c) 

Article 6(a)(i), (ii) and (iii) 

Article 6(2) 

Article 6a 

Article 6(b) 

Article 7 

Article  7,  first  paragraph,  point  (1),  first 
indent 

Article 8(1)(a)(i) 

Article  7,  first  paragraph,  point  (1),  second 
indent 

Article 8(1)(a)(ii) 

Article  7,  first  paragraph,  point  (1),  second 
indent, first subindent 

Article 8(1)(a)(iii), first indent 

Article  7,  first  paragraph,  point  (1),  second 
indent, second subindent 

Article 8(1)(a)(iii), second indent 

Article 7, first paragraph, point (2)  

Article 8(1)(b) 

EN 

66 

   EN 

 
Article 7, first paragraph, point (3) 

Article 8(1)(c) 

Article 7, second paragraph 

Article 8(2) 

Article 8 

Article 9 

Article 9a 

Article 9b 

Article 10 

Article 10a 

Article 10b 

Article 11(1) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16(1) 

Article 11(2), first to fifth indents 

Article 16(2), first subparagraph, points (a) to 
(e) 

Article 11(2), sixth indent 

Article 16(2), second subparagraph 

Article 11(3) 

Article 16(3) 

Article  12(1)(a),  first,  second  and 
indents 

third 

Article 17(1)(a)(i), (ii) and (iii) 

Article 12(1)(b), first and second indents 

Article 17(1)(b)(i) and (ii) 

Article  12(1)(c),  first,  second  and 
indents 

third 

Article 17(1)(c)(i), (ii) and (iii)  

Article 12(1)(d), first and second indents 

Article 17(1)(d)(i) and (ii) 

Article  12(2), 
subparagraphs 

first, 

second  and 

third 

Article  17(2), 
subparagraphs 

first, 

second  and 

third 

Article  12(2),  fourth  subparagraph,  first, 
second and third indents 

Article 17(2), fourth subparagraph, points (a), 
(b) and (c) 

Article 12(2), fifth subparagraph 

Article 17(2), fifth subparagraph 

Article 12(3)(i) and (ii) 

Article 17(3)(a) and (b) 

Article 13(1), first to seventh indents 

Article 18(1)(a) to (g) 

Article 13(2), first subparagraph 

Article 18(2) 

Article 13(2), second subparagraph 

________ 

EN 

67 

   EN 

 
Article 13(3) 

Article 13(4) 

Article 18(3) 

________ 

Article 14(1), first to fifth indents 

Article 19(1)(a) to (e) 

Article 14(2) 

Article 14(3) 

Article 14(4) 

Article 19(2) 

Article 19(3) 

________ 

Article  15(1),  first  subparagraph,  first  and 
second indents 

Article 20(1)(a) and (b) 

Article 15(1), second subparagraph, point (a)  Article 20(2)(a) 

Article 15(1), second subparagraph, point (b), 
first to fourth indents 

Article 20(2)(b)(i) to (iv) 

Article 15(2) 

Article 20(3) 

Article 15(3), first and second indents 

Article 20(4)(a) and (b) 

Article 15(4)(a) 

Article 15(4)(b) 

Article 15(4)(c) 

Article 20(5), first subparagraph 

Article 20(5), second subparagraph 

Article 20(5), third subparagraph 

Article 15(5), first, second and third indents 

Article 20(6)(a), (b) and (c) 

Article 15(6) 

Article 16 

Article 20(7) 

Article 21 

Article 17, first to seventh indents 

Article 22(a) to (g) 

Article 18 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

EN 

68 

   EN 

 
Article 27a 

Article 28 

Article 29(1)  

Article 30(1)  

Article 30(2) 

Article 31 

Article 32(1) 

Article 32(2) 

Article 32(3) 

Article 33(1) 

Article 33(2) 

Article 34 

Article 36 

________ 

________ 

Article 37 

Annex I, point 2 

Article 31 

Article 32 

Article 33 

Article 34 

________ 

________ 

Article 35(1) 

Article 35(2) 

________ 

________ 

Article 35(3) 

Article 36 

________ 

Article 37 

Article 38 

Article 39 

Annex I 

Annex II, Chapters I, II and III 

Annex II, Chapters I, II and III 

Annex II, Chapter IV, points 1 and 2 

Annex II, Chapter IV, points 1 and 2 

Annex II, Chapter IV, point 3(a) 

Annex II, Chapter IV, point 3(a) 

Annex II, Chapter IV, point 3(b)(i) and (ii) 

Annex  II,  Chapter  IV,  point  3(b),  first  and 
second indents 

Annexes III, IV and V 

Annexes III, IV and V 

________ 

________ 

Annex VI 

Annex VII 

_____________ 

EN 

69 

   EN